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HomeMy WebLinkAbout2009 CON Michal Piasecki - Consulting ServicesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MICHAL PIASECKI CONSULTING THIS AGREEMENT is entered into this 1st day of July 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Michal Piasecki (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Consulting Services for the Finance Department and other City Departments as needed; and WHEREAS, the CITY has determined that the CONTRACTOR is a consultant and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, Finance Director, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jeanette Ladrido, Finance Director thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the Finance Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORS and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under 3 City's Standard Agreement — June 2008 revision similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — June 2008 revision CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 5 City's Standard Agreement — June 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 6 City's Standard Agreement —June 2008 revision CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Jeanette Ladrido, CPA Finance Director Finance Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Michal Piasecki 9222 Fenway Road Santee, CA 92071 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 7 City's Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or 8 Crty's Standard Agreement — June 2008 revision promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Chris Zapata ! ity Manager APPROVED AS TO FORM: George H. Eiser, III City Attorney Michel Piasecki Consulting (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprieto rship one signatu re) By: (Name) ,11(HAL P►P� c(�I (Print) 0 riJf i. (Title) 9 City's Standard Agreement — June 2008 revision Exhibit A Consultant: Michal Piasecki Term: July 1, 2009 through June 30. 2010 — Contract Extension Contract extensions will be discussed and amended as necessary Compensation: $45.00/hour. Total Compensation shall not exceed $25,000. Hours of Work: It is recognized that the contractor must devote a great deal of time outside the normal office hours on business for the Employer, and to that end, the contractor shall be allowed to establish an appropriate work schedule, compatible with the normal business hours of the City of National City. Scope of Services: The contractor will assist with the following: A. Crystal Report writing The consultant will update and create custom accounting reports for the finance department and other city departments. Communication with the accounting software company (Eden Inc) will be required. Examples of reports are: fund balance reports, City budgets by department and/or fund, monthly report as requested by management, electronic time sheet file formats, budget and general ledger import file formats, and other reports as necessary. B. Database Management The consultant may assist the finance department and other City Departments in creating custom reports and overall management of databases, if requested. The consultant is also proficient in GIS management and if requested, may provide support in the GIS management for the City of National City. Michal Piasecki Tel: 619-507-4333 Email: michalpiaseckl@yahoo.com Education /Certification Master of Arts, Applied Economics, San Diego State University Bachelor of Arts, Economics, San Diego State University Batchelor of Science, Accounting, University of Phoenix Proficiency Certificate in AutoCAD, University of California, San Diego Certificate in Migrating from ArcView 3.x to ArcGIS, Environmental Systems Research Institute (ESRI) Certificate in Learning ArcG1S 9 3D Analyst, Environmental Systems Research Institute (ESRI) Certificate in Learning ArcGIS 9 Spatial Analyst, Environmental Systems Research Institute (ESRI) Certificate in Basics of the Geodatabase Data Model, Environmental Systems Research Institute (ESRI) Certificate in Creating, Editing, and Managing Geodatabases for ArcGIS 9, Environmental Systems Research Institute (ESRI) Certificate in Learning ArcIMS, Environmental Systems Research Institute (ESRI) GIS Data Collection, Analysis and Presentation Course, University of California, Irvine Fundamentals of Geographic Information Systems Course, University of California, Irvine Developing GIS Databases for GIS Data Course, University of California, Irvine Professional Summary Michal brings 6 years of expertise with training clients and internal staff on software applications, such as ArcView 3.x, ArcGIS 9.x, and AutoCAD. He has worked on numerous projects for public agencies analyzing, modifying, and creating GIS data sources. He regularly performs data conversions across different software applications, such as AutoCAD, Microstation, and ArcGIS. Some of the client cities he worked for include: Oceanside, San Diego, Indio, Burbank, Palmdale, San Bernardino, Cypress, La Mesa, El Cajon, Imperial Beach and Santa Barbara as well as Los Angeles County. Work Experience GIS/Database Consultant, City of Imperial Beach January 2007-Present *Citywide Development/Implementation of the Work Order/Facility Management Module *Demand Report Processing Support for Public Works Work Orders/GMBA *QREP Setup and Support *GASB 34 Support *Department -specific Personal Geodatabase Development *GIS Software Administration *Looking Glass Application *ArcMap/ArcGIS Application *Cartographic Support (i.e. multi -scale map production) *Data development (data collection, digitizing, etc) GIS/Financial Analyst, Bureau Veritas/Berryman & Henigar May 2002-February 2007 Relevant Experience *Assisting Municipal Clients- Financial and Geographic Information System Analysis. *Existing infrastructure valuation for the GASB 34 compliance projects. *'Technical support for marketing of engineering projects. *Development and maintenance of construction costs databases. *Cost estimates for the engineering projects. *GIS databases development and support for engineering projects. *GPS surveying and data processing. I of 3 Michal Piasecki Tel: 619-507-4333 Email: michalpiasecki@yahoo.com Selected Projects Master Plan of Drainage, City of Oceanside, CA. GIS Coordinator responsible for digitizing, converting from AutoCAD, and compiling existing facilities information and creating a GIS-hydrologic/hydraulic computer model that transferred output data into a GIS database. Data also helped in the preparation of the report documenting the modeling methodology, GIS database, required upgrades to existing storm drains, required new storm drains to achieve necessary capacity, and associated construction costs. As well Mike also trained internal staff on the use of GIS software and the process to convert the appropriate data. Needles Highway Drainage Study, Fort Mojave Indian Tribe, San Bernardino County, CA. GIS Analyst responsible for identifying the design size of various drainage facilities to alleviate flooding along a 10 mile stretch of highway based on various hydraulic and hydrologic analyses. Project entailed a drainage study within a 1,000 square mile basin and 21 smaller basins, involving hydrologic analysis to determine the 100-year storm discharge entering the existing drainage facilities, GPS survey of basin crossings, performing hydraulic analysis at each basin crossing, providing preliminary erosion/sedimentation review at crossings, and summarizing preliminary conclusions, based upon evaluation and comparison of the proposed alternatives. GASB 34 Infrastructure Valuation, County of Los Angeles and City of Santa Barbara, CA. GIS Analyst/Appraiser responsible for review and verification of infrastructure inventories, such as storm drainage and sewer, using GIS, Asset Management Systems, plans, maps, and other available data associated with data processing for the GASB 34 compliance project. GASB 34 Compliance • Infrastructure Valuation, City of Burbank, CA. GIS Analyst/Appraiser for valuating City's infrastructure, including flood control (storm drain). Matched existing partial inventory of storm drain in GIS with paper records. The City auditors accepted the valuation in its entirety. Recorded the storm drain system into GIS and reviewed original mapping to record the dimensional data to complete the drainage inventory. GASB 34 Infrastructure Valuation, City of Indio, CA. GIS Analyst/Appraiser responsible for review and verification of infrastructure inventories, such as storm drainage, using GIS, Asset Management Systems, plans, maps, and other available data associated with data processing for the GASB 34 compliance project. Otay Sewer Rate Study, County of San Diego, CA. Processing and transforming of GIS information for the purpose of analysis and establishment of sewer rate surcharge for the local equivalent dwelling units. Economic Consultant, San Diego Association of Governments. January 2001 April2002 Relevant Experience *Preparation of data for Geocoding in GIS software. *Industry studies for the Business Services and Defense and Transportation Manufacturing clusters in San Diego. *Conducting research on the regional employment patterns and skills shortages for the San Diego Workforce Partnership. *Gathering and organizing statistical information for the research projects conducted by SourcePoint. *San Diego regional transactions and employment database management (Access). 2 of 3 Michal Piasecki Tel: 619-507-4333 Email: michalpiasecki@yahoo.com Instructional Assistant, Socia/ Science Research Lab, San Diego State University, August 1999-December 2001 Relevant Experience *Development and maintenance of Websites for SDSU departments. *Coaching faculty and students in the use of Windows, and Macintosh Operating Systems and various software applications. *Developing and revising Microsoft Office manuals for the faculty of College of Arts and Letters. *Supporting faculty members in conducting secure computer based tests; setting up necessary hardware and software. 3of3 'EL NELEACTEDINI IELETAFTEITIITEAILVENIAA-Tx ,,IL7ASEDEL-NLATAILMR $1.000,000/1,000,000 DEDUCTIBLE - 0 0 0 CANCELLATION ACORD,, CERTIFICATE OF LIABILITY INSURANCE 8/4/2oo9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOSEPH A MASON INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 1095 Paseo Entrada Suite A ALTER THE COVERAGE AI -FORDED BY THE POLICIES BELOW. Chula Vista, CA 91910 (619)421-3787 INSURERSAFFORMNGCOVERAGE NAICP MICHAEL PIASECKI T,--.:4:Th',INS -0 10213 LOS RANCHITOS ROAD LAKESIDE, CA 92040 COVERAGES PODCT-S OF INSURANCE LISTED BELOW HAVE HEEN ISSHHOTO THE INSURED NAME° AE-OVE FOP THE POLICY PERIOD INITIC A / NICPAPTHSTANCHAS ANY HEQUIREMENT TERM OR CONDITION OF ANY CONTRACT OE OTHER .i)OCUMENT =LH RESPEC11C 'MESH ILLS F.:PRET-H.0AT I MAT BE FSFLIED, MAE PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EEREiN IS SUPJECT ID ALL III IC I I' DEIS EXCITES:DNS ANITII C'DNITITIONS 3 sucH EMT' H.0,N MAT RAVE BEFIT! RIINIAND EC BY FA D CLAIMS ,EITA 'TEE: , ExSITITX, GA' A...-EPIT AT" J3 r A N S A AEI LT I,. IERTI,XER3ULIAIIITINs,EADN93A HAMITOTEASUTROIN ITA,A,NPARTAA-xx,ILXATAISE,EA: AuEUTvETARANEETTTIE _HTEELLAITELTAXISESESEENA HI-M4R A PROFESSIONAL TK1003741B 01/18/09 01/08/10 LIABILITY CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER, CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA. 91950-4301 ,c-ACORDCORPORATION1988 City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: MICHAL PIASECKI CONSULTING (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to MICHAL PIASECKI CONSULTING (company name), I declare as follows: MICHAL PIASECKI (name) , OWNER (title), am an independent contractor for the purposes of the California Workers' Compensation and Labor laws. 1 will hire no employees other than my parents, spouse, or children for work required for any bid or contract awarded to my company. All work required will be performed personally and solely by me, my parents, spouse, or children. If, however, I shall ever be required to hire employees or Subcontractors to perform this contract, I shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by me against my financial interest, relative to any claims I should assert under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded HTCAAT, PIASECKI CONSULTING (company name). I will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event I hire an employee in violation of this addendum, and I will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid awarded to: MICHAL PIASECKI CONSULTING (company name). Dated: JULY 1st , 20 09 MICHAL PIASECKI CONSULTING (Company) By: (Signature of Authorized Representative) MICHAL PIASECKI, OWNER (Name and Title) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax October 1, 2009 Mr. Michael Piasecki Michal Piasecki Consulting 9222 Fenway Road Santee, CA 92071 Dear Mr. Piasecki, On July 1st, 2009 an Agreement was entered between the City of National City and Michal Piasecki Consulting. We are enclosing for your records a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosure cc: Finance Department