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HomeMy WebLinkAbout11791RESOLUTION NO. 11791 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORA- TION AND KOGOVSEK & ASSOCIATES, INC. AND AUTHORIZ- ING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The Professional Services Agreement dated as of January 1, 2010 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. SFrTInN i This Resolution shall become effective upon final passage and approval. INTRODUCED January 25. 2010 BY: Vera Ortegon Councilperson APPROVED= ry RESIDENT OF CITY COUNCIL ATTESTED BY: CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # M -1 DATE: January 25, 2010 DEPARTMENT: Law 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 2009. 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, 2010 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, 2010 to December 31, 2010 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 2010 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 party. 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. PUEBLO, A MUNICIPAL CORPORATION [SEAL] ATTEST: L By L jj ucwc l to o City erk President of the City Council [SEAL] KOGOVSEK & ASSOCIATES, INC. ATTEST: By v vs Secretary President Exhibit "A" State - Mandated or Related Contract Clauses As used in this section, "Contractor" shall mean the firm or entity ( whether referred to as Consultant, Company, Contractor, Architect, Accountant or by other term) entering into this Agreement with Pueblo, a Municipal Corporation ( which may be referred to in this Agreement as City, Client, Customer or by other term). PERA LIABILITY Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by City to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Contractor shall fill out the questionnaire attached as Exhibit "1" and submit the completed form to City as part of the signed Agreement. SOLE SOURCE CONTRACTS - Article XXVIII of the Colorado Constitution was amended by vote of the people on November 4, 2008 ( "Amendment 54 ") to provide certain limitations on holders of "sole source' government contracts entered into by government entitles. On August 12, 2009, Denver District Court Judge Catherine Lemon issued an order granting a preliminary injunction against enforcement of Amendment 54, holding that it violated rights of free speech and association guaranteed by the First Amendment. The parties agree that if, at any time during the term of this Agreement, a court of appropriate jurisdiction determines that (1) Amendment 54 is constitutional or otherwise lawful under applicable law; or (2) Amendment 54, if lawful, applies to agreements such as this Agreement and must be included in such agreements, then City and Contractor agree to negotiate the inclusion of complying Amendment 54 language in this Agreement. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK UNDER THIS CONTRACT (a) At or prior to the time for execution of this Contract, Contractor shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E -Verify 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 or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor 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 Contractor 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: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has -- actual - -knew -ledge - that- the - -- -- subcontractor is employing or contracting with an illegal alien; 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 Contractor 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 Contractor 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 this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms of participation in the E -Verify Program. EXHIBIT "1" COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes No (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes _, No _. If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Social Security Number Name Address Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed 20 Title: For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation.