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HomeMy WebLinkAbout10896RESOLUTION NO. 10896 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPOR -ATION AND KOGOVSEK & ASSOCIATES, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Professional Services Agreement dated as of January 1, 2007 between Pueblo, a Municipal Corporation and Kogovsek & Associates, Inc. relating to the performance of legislative consulting services for the City, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3 This Resolution shall become effective upon final passage and approval. BY Randy Thurston Councilperson APPROVED: President of Cit Council ATTESTED BY: CITY CLERK INTRODUCED December 26, 2006 grso it /0Y% PED � D O D Background Paper for Proposed RESOLUTION AGENDA ITEM # 8 DATE: December 26, 2006 DEPARTMENT: Office of City Manager - David J. Galli, City Manager TITLE A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND KOGOVSEK & ASSOCIATES, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the agreement with Kogovsek & Associates, Inc.? RECOMMENDATION Approval. BACKGROUND Kogovsek & Associates, Inc. has performed legislative consulting services for the City for a number of years. The attached professional services agreement is for one year and upon the same terms and conditions as the agreement for 2006. FINANCIAL IMPACT $3,000 per month professional fees for 12 months and reimbursement not to exceed a total of $5,000 for travel and lodging to and from Washington, D.C. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT entered into as of January 1, 2007 between Pueblo, a Municipal Corporation ( "Pueblo ") and Kogovsek & Associates, Inc. ( "Kogovsek "), WITNESSETH: In consideration of the mutual covenants herein contained, Pueblo and Kogovsek agree as follows: 1. Pueblo engages Kogovsek and Kogovsek accepts such engagement to provide legislative consulting services to Pueblo upon the terms and conditions hereinafter set forth. 2. The term of this Agreement shall be from January 1, 2007 to December 31, 2007 unless sooner terminated as herein provided. 3. Kogovsek shall perform the following services for Pueblo: oversight of congressional activities, general lobbying, and administrative actions which impact Pueblo; maintain a working relationship with the Colorado congressional delegation and appropriate representatives of administrative agencies to enhance Pueblo's visibility at the national level; arrange for Pueblo officials to appear before committees with jurisdiction over issues of concern to Pueblo, or to meet individually with decision - makers; organize Pueblo's annual trip to Washington in connection with the National League of Cities; interfacing efforts with elected officials and decision - makers at local, state and federal levels (from Colorado and with those having jurisdiction over policy and funding of the Pueblo Chemical Depot chemical demilitarization project (the "project "), identifying opportunities to maintain timetables and /or expedite regulatory and statutory processes required to initiate and complete the project, work with the City to identify sources of assistance in mitigating potential impacts of the project on infrastructure, the economy and any health and safety issues, and develop strategy with City officials in their relationship with Department of the Army as the project goes through the various steps toward completion; and other customary and standard legislative liaison responsibilities. 4. The City Manager or the City Council may direct Kogovsek to perform specific projects which are not included within the services described in paragraph 3, such as, shepherding of federal financial assistance or grant applications through the administrative process with legislative support for projects including housing and transportation; economic development/job opportunity efforts involving federal agencies and facilities; or drafting legislation or amendments to legislation specifically for Pueblo's benefit or interest and steering it through the legislative agenda. 5. In consideration of Kogovsek performing the services described in paragraphs 3 and 4, City will pay Kogovsek the sum of $3,000 per month. City will pay Kogovsek's reasonable and necessary expenses for transportation and lodging in, to and from Washington, D.C. incurred by Kogovsek during calendar year 2007 in the course of providing professional services under this Agreement in a total amount not to exceed $5,000.00. 6. Kogovsek will provide Pueblo with at least a monthly written report of its activities, and more frequent communication when appropriate, and will meet with the City Manager or City Council upon request. 7. Notwithstanding anything contained herein to the contrary, either party may terminate this Agreement by thirty (30) days prior written notice given to the other parry. 8. This is a professional service contract and may not be assigned by Kogovsek and shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 9. Exhibit "A" attached hereto is incorporated herein as if set out herein in full. Kogovsek agrees to meet and comply with the provisions of Exhibit "A ". Executed the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTEST: City C rk President of the City Council [SEAL] ATTEST: Secretary & ASSOCIATES, INC. se/ President -2- EXHIBIT "A" STATE IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK Consultant, as used herein, means Kogovsek & Associates, Inc. (a) Consultant certifies that it does not knowingly employ or contract with an illegal alien and that the Consultant has participated or attempted to participate in the "Basic Pilot Program" created in Public Law 208, 104" Congress, as amended and expanded in Public law 156, 108' Congress, as amended, that is administered by the United States Department of Homeland Security. (b) Consultant shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state- imposed requirements apply to this contract (1) The Consultant shall have verified or attempted to verify through participation in the Basic Pilot Program that the Consultant does not employ any illegal aliens and, if the Consultant is not accepted into the Basic Pilot Program prior to entering into this contract, that the Consultant shall apply to participate in the Basic Pilot Program every three months until the Consultant is accepted or this Contract has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The Consultant is prohibited from using the Basic Pilot Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Consultant obtains actual knowledge that subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: A. Notify the subcontractor and the Engineer within three (3) days that the Consultant has received such knowledge; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Consultant is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5- 102(5), C.R.S. (d) Violation of the provisions of this Exhibit "A" by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for City's actual and consequential damages.