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HomeMy WebLinkAboutLipka, Tony; 2015-02-10; (2)AGREEMENT FOR CONSULTANT SERVICES TONY LIPKA, CONSULTANT AND TRAINER THIS AGREEMENT is made and entered into as of the day of fchruasn^ 20 IS. by and between the CITY OF CARLSBAD, a municipal corporation, (' CiTy^), and Tony Lipka a Consultant and Trainer, ("Contractor"). RECITALS City requires the professional services of a consultant/trainer that is experienced in safetv training. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one vear from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be One Thousand Eight Hundred Fifty dollars ($1.850.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. City Attorney Approved Version 1/30/13 6. INSURANCE Insurance requirement is waived per City of Carlsbad Administrative Order No. 68 that waives insurance requirements for consultants/trainers. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seg., and Carlsbad Municipal Code Sections 3.32.025, et seg. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 1/30/13 CONTRACTOR (print name/titie) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Califomia Public Vk>Vsi Director Patrick Thomas ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attomey City Attomey Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Mr. Tony Lipka will conduct Lockout/Tagout and Electrical safety training for the City of Carlsbad Utilities Department. This safety training is a requirement of the City of Carlsbad Public Works Utility Division and must be conducted annually. The training is scheduled on Thursday, June 18, 2015, from 7:30 to 11:30 a.m. in the Utilities Department Water Board Room at 5950 El Camino Real, Carlsbad, CA. The fee for this training is $1,850.00. This fee includes all of Mr. Lipka's expenses and materials. City Attorney Approved Version 1/30/13 Donna Heraty From: Donna Heraty Sent: Tuesday, February 10, 2015 11:26 AM To: 'tonylipka@cox.net' Cc: Shelley Collins; Sherry Freisinger; Jeanette Brown Subject: Form 700 - Conflict of Interest Dear Consultant: Regarding your agreements with the City of Carlsbad for Training Services - // your agreement states: Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or Interest in all four categories. It has been determined by the City Clerk's Office that you are not required to file a Conflict of Interest Statement as mentioned in your agreement with the City of Cartsbad. A copy of this email will be added to your file memonalizing this decision. Should you have any questions, please do not hesitate to contact me. Kindest regards. Ccityof Carlsbad Shelley Collins, CMC Assistant City Clerk City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Cartsbad, CA 92008-1949 www.cartsbadca.gov 760-434-2917 I Shellev.Collins(S)cartsbadca.gov Conngt^, MS Facebook | Twitter | You Tube j Flickr j Pinterest j Enews