Loading...
12-0222_BLAZENSKI, MICHAEL_Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made,entered into,and shall become effective this 22nd day of February, 2012 (the"Effective Date"), by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Michael Blazenski., an individual, (hereinafter referred to as the"Consultant"). RECITALS: WHEREAS, the City currently desires to retain the services of the Consultant to assist Financial Services develop and complete the 2012 — 2014 budget development project, and WHEREAS, the Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of professional staffing services as set forth in Exhibit"A,"attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, no later than March 23, 2012, subject to Section 13 (Termination). Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall, not exceed $25,000 at the rate of$75.00 per hour. 1 3.2 Method of Payment. Subject to Section 3.1, Consultant's Assigned Individual will submit a time sheet for City's verification and approval at the end of each week. Consultant shall submit monthly invoices based on total services which have been completed for such preceding monthly period and Consultant's invoices are due within thirty (30) days of receipt. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times during normal business hours to the City. Invoices shall be addressed as provided for in Section 14 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City,with the exception of Consultant's third party background check vendor. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the negligent acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. 2 Section 7. Familiarity with Work and/or Construction Site. Reserved. Section 8. Time of Essence. Reserved. Section 9. Compliance with Law. Consultant shall comply with all applicable laws,ordinances, codes and regulations of federal, state and local government directly related to the provision of services under this Agreement. Section 10. Conflicts of Interest. Consultant covenants, to the best of its ability, that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. Section 11. Indemnity. To the fullest extent permitted by law, Consultant agrees to hold harmless the City and its elective and appointive boards, officers, and employees from any and all third party liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for personal injury or death of any person, or damages of any nature,only to the extent directly arising out of, the negligence, and/or intentional wrongful conduct of Consultant, Consultant's agents, officers,employees,subcontractors,or independent contractors hired by Consultant in the performance of the Agreement and to the extent not caused by or resulting from the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, employees, subcontractors, or independent contractors. The Consultant shall have no responsibility for negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, employees, subcontractors, or independent contractors. Section 12. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the 3 subcontractor. 12.3 Workers' Compensation. Consultant will maintain workers' compensation insurance in accordance with the Labor Code of California and covering all employees of the Contractor providing any service in the performance of this agreement. Such insurance shall be endorsed to: (1) Waive the insurer's right of Subrogation against the City and City Personnel. A statement on an insurance certlfrcate will not be accepted In lieu of the actual endorsement If Consultant is a sole proprietor or individual, workers' compensation insurance is not required. Consultant agrees to hold harmless the City,its employees,officers and officials from any injury or illness he may sustain in connection with work performed under this Contract. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the premises owned,occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. 12.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall receive compensation as set forth in Section 3.2.Consultant shall comply with City's request to provide certificate of insurance demonstrating Consultant's compliance with all of City's insurance provisions requirements prior to the assignment of Consultant's Assigned Individual. 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement. 4 Section 13. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Any respective obligations of Consultant or City hereunder which by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive such termination, cancellation or expiration. Section 14. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as maybe designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Human Resources Department To Consultant: Michael Blazenski Loot c�Ar ypaw w✓e L . ✓rz✓& . <A fz7sy Section 15. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, and costs. Section 16. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 17. Entire Agreement. 5 This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. This Agreement is only applicable to, and the only Consultant branch and division obligated under this Agreement are,the Accountemps and OfficeTeam divisions of the branch located at 28202 Cabot Road, Suite 416, Laguna Niguel, California 92677. Notwithstanding any language to the contrary contained in this Agreement or attachment hereto with regard to fixed-price, deliverables, acceptance of deliverables, or milestones, Consultant shall be compensated on an hourly basis only. Consultant is in the business of providing temporary staff augmentation and does not provide project-based services or deliverables. (SIGNATURE PAGE FOLLOWS) 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JI N CAPISTRANO B y n P. Br st, an ager By: � , ICha I Blazens<i ATT: M ori , City rk APPROVED AS TO FORM: Omar�l, City Attorney 7 Scope of Work Title Interim Budget/Administration Manager Scope of Work Under the direction of the Chief Financial Officer/City Treasurer, the Interim Budget/Administration Manager is primarily responsible for managing the City's budget operations and the procurement of professional and contractual services. The Manager's duties include: • Developing, coordinating, and evaluating the preparation of the City's fiscal year 2011-2012 mid-year budget; • Developing, coordinating, and evaluating the City's biannual budget for fiscal years 2012-2013 and 2013-2014; • Reviewing budget adjustment and budget transfer requests from departments; • Reviewing purchase requisitions requests from departments; • Monitoring budget and purchasing policies, systems and procedures and • Assisting with the development and implementation of certain administrative and financial policies and procedures. 8 OBJECT OB TITLE ACCT 11-12 BUDGET 61111 FULL-TIME SALARIES 01-51600-61111-00000-000 5,786 61111 FULL-TIME SALARIES O4-51400-61111-00000-000 5,786 61111 FULL-TIME SALARIES 60-51700-61111-00000-000 5,786 61111 FULL-TIME SALARIES 01-51400-61111-00000-000 40,505 61111 FULL-TIME SALARIES 01-51500-61111-00000-000 57,864 61123 AUTOMOBILE ALLOWANCE 01-51400-61123-00000-000 252 61123 AUTOMOBILE ALLOWANCE 01-51500-61123-00000-000 360 61128 DEFERRED COMPENSATION 01-51600-61128-00000-000 58 61128 DEFERRED COMPENSATION 04-51400-61128-00000-000 58 61128 DEFERRED COMPENSATION 60-51700-61128-00000-000 58 61128 DEFERRED COMPENSATION 01-51400-61128-00000-000 405 61128 DEFERRED COMPENSATION 01-51500-61128-00000-000 579 TOTAL SALARY 117,497 61287 WORKERS COMP CHARGES 01-51600-61287-00000-000 49 61287 WORKERS COMP CHARGES O4-51400-61287-00000-000 49 61287 WORKERS COMP CHARGES 60-51700-61287-00000-000 49 61287 WORKERS COMP CHARGES 01-51400-61287-00000-000 345 61287 WORKERS COMP CHARGES 01-51500-61287-00000-000 493 61288 HEALTH INSURANCE CHGS 01-51600-61288-00000-000 1,133 61288 HEALTH INSURANCE CHGS O4-51400-61288-00000-000 1,133 61288 HEALTH INSURANCE CHGS 60-51700-61288-00000-000 1,133 61288 HEALTH INSURANCE CHGS 01-51400-61288-00000-000 7,932 61288 HEALTH INSURANCE CHGS 01-51500-61288-00000-000 11,332 61289 OTHER BENEFITS 01-51600-61289-00000-000 221 61289 OTHER BENEFITS O4-51400-61289-00000-000 221 61289 OTHER BENEFITS 60-51700-61289-00000-000 221 61289 OTHER BENEFITS 01-51400-61289-00000-000 1,547 61289 OTHER BENEFITS 01-51500-61289-00000-000 2,210 61290 RETIREMENT 01-51600-61290-00000-000 1,897 61290 RETIREMENT 04-51400-61290-00000-000 1,897 61290 RETIREMENT 60-51700-61290-00000-000 1,897 61290 RETIREMENT 01-51400-61290-00000-000 13,280 61290 RETIREMENT 01-51500-61290-00000-000 18,972 TOTAL BENEFITS 66,012 TOTAL COMPENSATION 183,510 15,292.46 76,462.32 Monthly 5 months BUDGETED HOURLY RATE 55.64 EFFECTIVE HOURLY RATE 88.23 Scope of Work Title Interim Budget/Administration Manager Scope of Work Under the direction of the Chief Financial Officer/City Treasurer, the Interim Budget/Administration Manager is primarily responsible for managing the City's budget operations and the procurement of professional and contractual services. The Manager's duties include: • Developing,.coordinating, and evaluating the preparation of the City's fiscal year 2011-2012 mid-year budget; • Developing, coordinating, and evaluating the City's biannual budget for fiscal years 2012-2013 and 2013-2014; • Reviewing budget adjustment and budget transfer requests from departments; • Reviewing purchase requisitions requests from departments; • Monitoring budget and purchasing policies, systems and procedures and • Assisting with the development and implementation of certain administrative and financial policies and procedures. 8 MICHAEL M. BLAZENSKI, CPA(inactive) 2002 Clear Falls Avenue La Verne,California 91750 909-593-9819;cell 909-450-1754 e-maii-mblazenski@uctabriiins.com OBJECTIVE: To serve in an interim capacity in municipal finance and administration My vast experience in dealing with finance, treasury and administrative functions makes my unique qualifications of value to any public agency. My public service background as a City Finance Director/Treasurer, an Assistant City Finance Director and a Mayor/Councilmember provides me with a complete understanding of governmental concerns and public relations. My strong and varied accounting background, along with my other business experiences, gives me the common sense to make realistic decisions. This combination of public and private .sector experience gives me and the potential employer an edge in helping to achieve the goals of any public agency on an interim basis. OVERVIEW: Through working with the Cities of Pasadena, Glendora, Hidden Hills, Hawthorne, Madera, Sierra Madre, Hawaiian Gardens, Downey, St. Helena, Tehachapi, Baldwin Park and San Fernando and a 'Big 5" accounting firm, having served in Controller positions, having been an accounting consultant and a business owner, I provide the total package of financial and administrative experience. This diversity has allowed for a wide range of practical and theoretical experience. JOB HISTORY: *2006-present, Consultant, Municipal Finance—last assignments Hawthorne(5 months), Hidden Hills, Glendora(3 months)Baldwin Park(6 months), Madera(5 months), Pasadena (5 months),& Sierra Madre(10 months) *2000-2006,Finance Director/Treasurer, City of Hawaiian Gardens-retired *1997-2000, Consulting, Contract Finance& Accounting Including Cities of Baldwin Park,St.Helena,San Fernando(tad time)&Downey *1998-1999, Finance Director, City of Tehachapi *1995-1997,Assistant Finance Director, City of San Fernando *1990-1994, Councilmember&Mayor, Mammoth Lakes, CA Additional Job Experience *Owner of retail outlet, Mammoth Lakes, CA *Consultant for finance&accounting in various industries *Controller, EJM Development Co., Beverly Hills, CA *Audit Manager, International Accounting Film, Los Angeles, CA BACKGROUND *Certified Public Accountant, Inactive *Financial officer&consultant Government agencies Real Estate companies Banking&finance Utilities Various other private industries *Business owner MICHAEL M. BLAZENSKI FINANCE & ADMINISTRATIVE EXPERIENCE *City Finance Director and Treasurer *Business Owner *Assistant City Finance Director *Finance Manager *Accounting Manager *Manager--Big "Y' accounting firm *Controller--Various companies& industries *Consultant& Special Projects accountant *Job Responsibilities&Duties Supervision of personnel (up to 30 individuals) Government fund accounting Budgeting& Forecasting Fiscal Policy Cash Management Group Presentations Financial Statements Government Reporting Redevelopment Accounting Information System Implementation Assessment Districts Enterprise Funds--Water, Sewer, Rubbish, Airports Public Debt Financing Internal &External audits Internal Control Evaluations& Set-up Personnel Administration Labor Relations Risk Management Supervision Financial Reporting State Financial Reporting Computer Accounting Computer Conversions Computer Spreadsheet& Word Processing ACHIEVEMENTS: *Retired as Municipal Finance Director/Treasurer *California Certified Public Accountant, Inactive *B.S., California State University at Long Beach *Former Mayor, Town of Mammoth Lakes, CA *Former Councilmember,Town of Mammoth Lakes, CA *Former Member,Mono County Local Transportation Commission