HomeMy WebLinkAbout12274RESOLUTION NO. 12274
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:
SECTION 1.
The Professional Services Agreement dated as of January 1, 2012 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.
INTRODUCED December 12, 2011
BY: Leroy Garcia
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE:AGENDA ITEM # M-3
December 12, 2011
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
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 of the Resolution.
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 2011.
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. Funding for these
services is budgeted in the 2012 Budget.
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT entered into as of January 1, 2012
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, 2012 to December 31, 2012
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
demilitanzation 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, drafting legislation
or amendments to legislation specifically for Pueblo's benefit or interest and steering it through
the legislative agenda, and when necessary or desirable, interacting with state officials and
agencies to implement or achieve the tasks specified in paragraph 3 and this paragraph.
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 2012 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 Under this Agreement, Kogovsek has a duty of loyalty to Pueblo Kogovsek
agrees to keep the interests of Pueblo paramount to all others and shall have undivided allegiance
to Pueblo's interests when engaged in its lobbying activities and in using information provided
by Pueblo. In the event any conflict of interest should arise, Kogovsek shall advise Pueblo's City
Manager of same and, at the City Manager's request, shall withdraw from representation of or
other activities for third parties which present a conflict.
8 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
9 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.
10 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]
a
ATTEST By
City erk President f th-1 ity Council
[SEAL] KOGOVSEK & ASSOCIATES, INC
ATTEST By /-.4o vse
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.
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 knowledge 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 Ayes@ 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 Name
Address Address
Social Security Number 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
By
Name
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.