HomeMy WebLinkAbout09489
ORDINANCE NO. 9489
AN ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF
$24,000 FROM LEGACY BANK FOR THE GATEWAY TO
THE SOUTHWEST I-25 ART PROJECT, BUDGETING AND
APPROPRIATING SAID FUNDS TO CAPITAL PROJECT
PL1801 AND APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND KREATIVO
AGENCY, RELATING TO THE GATEWAY TO THE
SOUTHWEST I-25 ART PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE SAME
WHEREAS, The Gateway to the Southwest I-25 Art Project, PL1801 has been
established; and,
WHEREAS, a donation in the amount of $24,000 has been offered by the Legacy
Bank towards the Project; and,
WHEREAS, Kreativo Agency was contracted by the Pueblo Urban Renewal
Authority for Professional Services for the Gateway to the Southwest I-25 Art Project and
is familiar with the Project; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Funds from the Legacy Bank in the amount of $24,000 are hereby authorized to
be accepted, and budgeted and appropriated to Capital Project PL1801, Gateway to the
Southwest I-25 Art Project.
SECTION 2.
The Agreement for Professional Services dated June 10, 2019, between the City
of Pueblo, a Colorado Municipal Corporation, and Kreativo Agency of which a copy is
attached hereto and on file at the office of the City Clerk, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 3.
The Mayor is hereby authorized to execute and deliver said Agreement on behalf
of the City of Pueblo, and the Acting City Clerk shall affix the Seal of the City thereto and
attest same.
SECTION 4.
Funds in the amount of $24,000 for said Professional Services shall be paid from
Capital Project PL1801.
SECTION 5.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with this Ordinance and the attached Agreement to implement the
policies and procedures described herein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 10, 2019 .
Final adoption of Ordinance by City Council on June 24, 2019 .
President of City Council
Action by the Mayor:
☒
Approved on June 26, 2019 .
□
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□
Council did not act to override the Mayor's veto.
□
Ordinance re-adopted on a vote of , on
□
Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-4
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
June 10, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE ACCEPTING FUNDS IN THE AMOUNT OF $24,000
FROM LEGACY BANK FOR THE GATEWAY TO THE SOUTHWEST I-25
ART PROJECT, BUDGETING AND APPROPRIATING SAID FUNDS TO
CAPITAL PROJECT PL1801 AND APPROVING A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND KREATIVO AGENCY,
RELATING TO SAID PROJECT AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
SUMMARY:
This Ordinance accepts funds in the amount of $24,000 from Legacy Bank, budgets and
appropriates said funds to Capital Project PL1801 and approves an Agreement for
Professional Services relating to the Gateway to the Southwest I-25 Art Project.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council has established the I-25 Gateway Dillon Drive Bridge Art Project
PL1801, dated January 22, 2018 by Ordinance No. 9229.
BACKGROUND:
Kreativo Agency was hired by the Pueblo Urban Renewal Authority (PURA) on June 30,
2016 to assist in a Public Meeting and Visioning Workshop for the Dillon Art Committee
and PURA Board. Since then, Kreativo Agency has provided professional services to the
City including the development of a fund-raising strategies and developing data bases for
grants and soliciting donations for the City. Legacy Bank was approached for underwriting
the Public Participation Plan component of the Project and has agreed to donate the
funds. Due to the timeframe constraints and Kreativo Agency’s involvement and familiarity
with the community and the Project, the Department of Planning and Community
Development would like to enter into a Professional Service Agreement with Kreativo
Agency to provide marketing, continued fundraising and the Public Participation Plan.
(See Schedule 1 of attached Agreement)
FINANCIAL IMPLICATIONS:
Funds in the amount of $24,000 shall be accepted, budgeted and appropriated to Capital
Project PL1801. Funds for the Professional Service Agreement in the amount of $24,000
shall be available from Capital Project PL1801.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Ordinance will result in the delay of the Project.
RECOMMENDATIONS:
Approve the Ordinance.
Attachments:
ProposedOrdinance
Professional Services Agreement
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this I O h day of June,2019,by and between the City of Pueblo,a
Colorado Municipal Corporation(hereinafter referred to as"Client")and Kreativo Agency(hereinafter referred to as
"Consultant")for Consultant to render professional services for Client with respect to Gateway to the Southwest I-25 Art
Project,Project No.PL1801,related ancillary services,hereinafter referred to as the"Project." In consideration of the
mutual covenants hereinafter set forth,the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES.
(a) Consultant shall satisfactorily perform the professional consulting services for the Project described in
more detail in Schedule 1 attached hereto and incorporated herein by reference(the"Basic Services"). Such services
shall include all usual and customary professional consulting services in connection with its work on the Project.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement,access agreement,letter of consent
or other instrument,Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A
copy of any such instrument will be provided to Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES.
(a) Consultant shall be responsible for the professional quality,technical accuracy and timely completion
of Consultant's work,including that performed by Consultant's subconsultants and subcontractors,and including reports
and other services,notwithstanding Client's initial acceptance of same.
(b) Consultant shall be responsible,in accordance with applicable law,to Client for all loss or damage to
Client caused by Consultant's negligent act or omission;and Consultant hereby irrevocably waives and excuses Client
and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to
commencement of an action, including any such requirements set forth in Section 13-20-602,C.R.S.or similar statute,
whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of
work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services under
this Agreement. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant,
Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for
achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has
accounted for all reasonably anticipated delays, including those inherent in the availability of labor and equipment
required for the work,the availability of information which must be obtained from any third parties,and all conditions to
access to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that(i)Consultant considers the work beyond the scope of this Agreement,(ii)
the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable
estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized
in writing by Client. The compensation for such authorized work shall be negotiated,but in the event the parties fail to
negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and
professional time at the rates set forth in Schedule 1 attached hereto.
Consultant—General—CA 04-18 1
SECTION 3. FEES FOR SERVICES;PAYMENT.
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement,except for services for additional work or work beyond the scope of this Agreement,
the maximum sum of U.S. $24,000.00,computed as set forth in Schedule 1.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment,
aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense
reimbursement provisions set forth in Schedule 1 attached hereto and shall contain appropriate documentation that such
services have been performed and such expenses incurred. Thereafter,Client shall pay Consultant for the amount of the
application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging,routine photocopying,computer time,secretarial or clerical time or similar expenses unless otherwise provided
and listed in Schedule 1.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(f) In the event services under this Agreement are phased and to be performed in more than one fiscal year
or are subject to annual appropriation,Consultant acknowledges that funds only in the amount of initial appropriation are
available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual
appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall be
directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and
make decisions with respect to the Project. Said representative shall not,however,have authority to bind Client as to
matters of governmental policy or fiscal policy,nor to contract for additions or obligations exceeding a value which is the
lesser of$5,000.00 or 5%of the maximum contract price.
(c) Client shall examine all documents presented by Consultant,and render decisions pertaining thereto
within a reasonable time. The Client's approval of any reports, documents or other materials or product furnished
hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact,when all information reasonably
necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be presumed
reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods
of presumed reasonableness shall be extended where information reasonably required is not within the custody or control
of Client but must be procured from others.
SECTION 5.TERM AND TERMINATION
(a) Term. The term of this Agreement begins on the Effective Date and ends on June 31,2020,unless
sooner terminated in accordance with this Agreement. City reserves the right to extend the term of this Agreement in
one-year increments by written acceptance of both parties.
Consultant—General—CA 04-18 2
(b) Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado
Constitution. Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal
obligation or an obligation of future appropriations by the City Council of Pueblo,contrary to Article X, §20 of the
Colorado Constitution or any other constitutional,statutory or charter debt limitation. Notwithstanding any other
provision of this agreement,with respect to any financial obligation of City which may arise under this agreement in
any fiscal year after the current year, in the event the budget or other means of appropriations for any such year fails
to provide funds in sufficient amounts to discharge such obligation,such failure shall not constitute a default by or
breach of this agreement. The termination of this Agreement due to lack of funding shall be without penalty to the
City.
(c) Client reserves the right to terminate this Agreement and Consultant's performance hereunder,at any
time upon written notice,either for cause or for convenience. Upon such termination,Consultant and its subcontractors
shall cease all work and stop incurring expenses,and shall promptly deliver to Client all data,reports,plans,calculations,
summaries and all other information,documents,work product and materials as Consultant may have accumulated in
performing this Agreement,together with all finished work and work in progress.
(d) Upon termination of this Agreement for events or reasons not the fault of Consultant,Consultant shall
be paid at the rates specified in Schedule 1 for all services rendered and reasonable costs incurred to date of termination;
together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided
or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon
termination exceed the maximum compensation provided for complete performance in Section 3(a).
(e) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by
Consultant,or for other fault of Consultant including but not limited to any failure to timely proceed with work,or to pay
its employees and consultants,or to perform work according to the highest professional standards,or to perform work in
a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to
compensation shall be limited to the lesser of(a)the reasonable value of completed work to Client or(b)payment at the
rates specified in Schedule 1 for services satisfactorily performed and reimbursable expenses reasonably incurred,prior
to date of termination.
(f) Consultant's professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. SITE ACCESS.
In the event the Project will require access to property not under the control of Client, Consultant and
Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access
to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no
warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant
understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the
terms and conditions of an access agreement in accordance with section 1(c)of this Agreement.
SECTION 7. USE OF DOCUMENTS.
(a) Data, plans, reports and all other documents prepared or provided by Consultant hereunder shall
become the sole property of Client,subject to applicable federal grant requirements,and Client shall be vested with all
rights therein of whatever kind or nature and however created,whether by common law,statute or equity. Client shall
have access at all reasonable times to inspect and make copies of all notes, plans, reports and all other data or other
documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work
product developed pursuant to this Agreement except(i)with advance written consent of Client,which consent may be
granted or withheld in Client's sole and absolute discretion and (ii) in full compliance with the requirements of this
Agreement and applicable federal regulations.
SECTION 8. INSURANCE AND INDEMNITY.
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers'compensation acts,claims for damages because of personal injury
including bodily injury,sickness or disease or death of any of its employees or of any person other than its employees,
and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom;and
Consultant—General—CA 04-18 3
such insurance will provide for coverage in such amounts as set forth in subparagraph(b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) Comprehensive Automobile Liability Insurance effective during the period of the Agreement,and
for such additional time as work on the Project is being performed,written with limits of liability for injury to one
person in any single occurrence of not less than$100,000 and for any injury to two or more persons in any single
occurrence of not less than$300,000. This insurance shall include uninsured/underinsured motorist coverage and
shall protect the Consultant from any and all claims arising from the use both on and off the project site of motor
vehicles, including any automobiles,trucks,tractors, backhoes and similar equipment whether owned,leased,
hired or used by Consultant.
(c) Consultant agrees to hold harmless,defend and indemnify Client from and against any liability to third
parties,arising out of negligent acts or omissions of Consultant, its employees,subcontractors and consultants.
SECTION 9. SUBCONTRACTS.
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by
subcontract agreement to all of the terms of this Agreement which are for the benefit of Client,and Client shall be a third-
party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility
for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to
employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this
Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel
except after giving notice of a proposed change to Client and receiving Client's written consent thereto. Consultant shall
not assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 10. REQUIRED FEDERAL PROVISIONS. [Not applicable.]
SECTION 11. MISCELLANEOUS.
(a) Notices. Any and all notices or other communications required or permitted by this Agreement or by
law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly
served and given when personally delivered to the party to whom it is directed,or in lieu of such personal service,when
deposited in the United States mail,first-class postage prepaid,addressed to the Client, Attention:
Bill Zwick,Capital Projects Manager,City Planning and Community Development,211 East D Street,Pueblo,Colorado,
or to Consultant at Glenn Ballantyne,Owner,Kreativo Agency,421 N.Main Street,Ste.211,Pueblo,CO 81003. Either
party may change his address for the purpose of this paragraph by giving written notice of such change to the other party
in the manner provided in this paragraph.
(b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client
respecting the Project,and any other written or oral agreement or representation respecting the Project or the duties of
either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and
void.In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule 1
or any other attachment hereto,the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors
and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due
hereunder to Consultant may be assigned by it without the written consent of Client,which consent may be withheld in
Client's sole and absolute discretion.Any assignment or attempted assignment in violation of this subsection shall be void.
Consultant—General—CA 04-18 4
(d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b)of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the
State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a
state court of competent jurisdiction located in Pueblo,Colorado.
(f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color,religion, sex, national origin,disability,gender orientation or age. Consultant shall endeavor to ensure that its
employees are treated during employment without regard to their race,color,religion,sex, national origin, disability,
gender orientation or age.
(g) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such
provision shall be deemed void and the remainder of the Agreement enforced. However,it is the intent of the parties that
Section 2 of this Agreement not be severable,and that if any provision of said section be determined to be contrary to law
or the terms of any federal grant,then this entire Agreement shall be void.
SECTION 12. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement(which may be referred to in this section as this
"Contract"),Consultant(which may be referred to in this section as"Contractor")shall submit to the Purchasing Agent of
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, 104th
Congress,as amended and expanded in Public Law 156, 108th Congress,as amended,that is administered by the United
States Department of Homeland Security or the"Department Program"established pursuant to§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 subconsultant that fails to certify to Contractor that the
subconsultant 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 or subconsultant performing
work under this Contract knowingly employs or contracts with an illegal alien,the Contractor shall be required
to:
A. Notify the subconsultant and the Client's Purchasing Agent within three(3)days that
the Contractor has actual knowledge that the subcontractor/subconsultant is employing or contracting
with an illegal alien;and
B. Terminate the subcontract with the subcontractor/subconsultant if within three(3)
days of receiving the notice required pursuant to subparagraph (c)(1I1)A. above the
subcontractor/subconsultant does not stop employing or contracting with the illegal alien;except that
Consultant-General-CA 04-18 5
the Contractor shall not terminate the contract with the subcontractor/subconsultant if,during such
three (3) days, the subcontractor/subconsultant provides information to establish that the
subcontractor/subconsultant 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 12 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 Client's actual and consequential
damages.
(e) As used in this Section 12,the terms"subcontractor"and"subconsultant"shall mean any subconsultant
or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13. Reserved.
SECTION 14. PERA LIABILITY
Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the
City of Pueblo 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. The Consultant shall fill out the
questionnaire attached as Schedule 2 and submit the completed form to Client as part of the signed Agreement.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first
above written.
CITY OF PUEBLO,A COLORADO MUNICIPAL KREATIVO AGENCY
CORPORATION
•
By 14By: J l' i��J
Nicho s A. Gradisar Glenn Ballantyne
Title: Mayor of Pueblo Title: Owner
Atte ►lcta
"� .2'1
Brenda Armijo
Title: Acting City Clerk
[ SEAL]
BALANC/OF APPROPRIATIO EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
// i. / AP Air, t..
Director of Fina .
APPROVED AS TO FORM:
>All'XL0•11 7/Wea.e.
City Attorney
Consultant-General-CA 04-18
Kreallvo Agency Schedule 1
421 N. Main Street ste 211
719 406-5800
Pueblo, CO 81003
SCOPE OF SERVICES:
Gateway to the Southwest 1-25 Art Project
Fee for Services: $24,000
Kreativo Agency is responsible for the marketing, fundraising, promotion and community
participation for the Project for a period of 12 months.
1. Marketing and Fundraising $8,000
a. Kreativo's $24,000 fee is paid through the Legacy Bank donation.
b. Kreativo will be paid $2,000 monthly throughout the 12 months of the Project.
c. Kreativo will prepare for and attend up to 4 donor solicitation calls per month.
d. If the City wants an online fundraising campaign, Kreativo will
provide this service. (This is a campaign owned by the City and
all donations will go directly to City account PL1801)
e. Kreativo will attend meetings with Mr. Bill Zwick, as requested.
f. Kreativo will prepare for and present at committee meetings, as requested.
g. Kreativo will submit monthly progress reports to Mr. Bill Zwick.
2. Promotion $8,000
a. Kreativo will provide the preparation and promotion for City
hosted community meetings - up to (4) public meetings
during the length of the contract.
b. Kreativo will make recommendations for promotional and
branding items and ideas.
c. Kreativo will provide graphic design work on requested
items (i.e. T Shirts, coffee mugs, desktop sculptures, etc.)
3. Community Participation Plan $
,000
a. (See detailed description below)
b. Kreativo will establish and update a project Website,
www.PuebloGatewaytotheSouthwest.com/Gateway2SW
Consultant—General—CA 04-18 7
c. Kreativo will prepare weekly updates for Facebook and all
other social media.
d. Kreativo will create and submit up to 2 stories monthly to
the Pueblo Chieftain and television stations about progress
and activities with the building of the sculptures.
e. Kreativo will develop partnerships with Minnequa
Elementary School and Connect Charter Middle School for
classroom programs and school assemblies about the
building of the sculptures and the meaning they have to
Pueblo's public image and attitudes.
Description of the Community Participation Plan:
The GATEWAY PARTICIPATION PLAN reaches every neighborhood and motivates children to
seniors-artists to corporations. This plan will help citizens stay informed,become involved and feel
the creativity, inspiration and Pueblo pride that this project will generate for years.
The GATEWAY PARTICIPATION PLAN connects with children in classrooms to neighborhood
public meetings and through social and traditional media.
Students and citizens can ask questions of the Project Team (electricians to welders, landscape
architects to traffic engineers, City Department Heads and the artists themselves) through the
Gateway website, and on Facebook.
Consultant—General—CA 04-18 8
Schedule 2
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 . (Must sign below whether you answer "yes"or "no".)
(b) If you answered"yes"to(a)above,please answer the following question: Are you 1)an individual,2)sole proprietor
or partnership, or 3) 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 listed entities(1,2,or 3)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)
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.
Failure to accurately complete,sign and return this document to the City of Pueblo may result in
your being denied the privilege of doing business with the City of Pueblo.
Signed ,20
By:
Name:
Title:
For purposes of responding to question (b) above, an "affiliated party" includes (I) 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.
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