HomeMy WebLinkAbout10194ORDINANCE NO. 10194
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION AND TATIANA BAILEY, PH.D.
D/B/A PEAK ANALYTICS CONSULTING TO DEVELOP A
PUEBLO MONTHLY ECONOMIC DASHBOARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Services (“Agreement”) between the City of Pueblo, a
Colorado municipal corporation and Tatiana Bailey, Ph.D. d/b/a Peak Analytics Consulting
dated June 13, 2022, nunc pro tunc April 1, 2022, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to
execute and deliver said Agreement in the name of the City and the City Clerk is authorized to
affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached Agreement to implement the policies and procedures described
therein.
SECTION 3.
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 May 23, 2022 .
Final adoption of Ordinance by City Council on June 13, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on June 15, 2022 .
□ 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-10
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 23, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION AND TATIANA BAILEY,
PH.D. D/B/A PEAK ANALYTICS CONSULTING TO DEVELOP A PUEBLO
MONTHLY ECONOMIC DASHBOARD
SUMMARY:
The attached Ordinance approves and authorizes the Mayor to sign a consulting agreement with
Tatiana Bailey, Ph.D. d/b/a Peak Analytics Consulting to develop a Pueblo monthly economic
dashboard and to provide monthly dashboard reports for one (1) year.
PREVIOUS COUNCIL ACTION:
Not applicable to this ordinance.
BACKGROUND:
In order to know the ongoing economic landscape of Pueblo, it is necessary to continually monitor
key economic metrics. This includes gross metropolitan product or GMP (akin to GDP, but for a
city), unemployment rates, local number and type of job postings (labor demand) and number of
unemployed (labor supply), “super sectors” in terms of employment and contribution to GMP, past
and projected population growth by age cohorts, number of new jobs, average local wages and
living wages, single and multi-family home prices, building permits, housing affordability indices,
commercial lease and vacancy rates and educational attainment levels. For benchmarking
purposes, many of these metrics are juxtaposed to “comparable” American cities and to U.S.
averages. All data is presented in graph format and is trended over time so Pueblo leadership,
businesses and residents can see if the region is making progress and to what extent the growth
initiatives are working. This is not only interesting to know, but also essential in terms of fine-
tuning economic development programs.
FINANCIAL IMPLICATIONS:
This Ordinance authorizes payment to Dr. Bailey as follows:
Description Amount
Develop Pueblo Monthly Dashboard $ 90,000.00
12 Monthly Dashboard Reports 55,000.00
Total $ 145,000.00
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this ordinance.
STAKEHOLDER PROCESS:
Not applicable to this ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, Dr. Bailey will not be retained.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance
Proposed Agreement for Professional Services
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered this 13th day of June,
2022, nunc pro tunc April 1, 2022, by and between the City of Pueblo, a Colorado municipal
corporation (hereinafter referred to as "Client") and Tatiana Bailey, Ph.D. d/b/a Peak
Analytics Consulting (hereinafter referred to as "Consultant"). Client and Consultant are
sometimes each referred to as a "Party" and collectively "Parties." 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.
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.
(d) Consultant acknowledges that time is of the essence with respect to the
completion of its services under this Agreement. Consultant represents that Schedule 3
attached hereto is the schedule by which Consultant proposes to accomplish its work, with
time periods for which it will commence and complete each major work item. Except to the
extent the Parties agree to time extensions for delays beyond the control of Consultant,
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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 not be compensated for the
additional work.
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. $145,000.00,
computed as set forth in Schedule 2.
(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 contain appropriate documentation that such services have
been performed. 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 2.
(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) of this Agreement.
(f) In the event services under this Agreement are phased and to be performed
in more than one fiscal year, the Parties agree payments under this Agreement are subject
to annual appropriations. Consultant acknowledges that funds only in the amount of initial
appropriation of$145,000.00 are available and it shall confirm availability of funds before
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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 7 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 30
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 April 1, 2022 and ends on
March 31, 2023, unless sooner terminated in accordance with this Agreement. Client
reserves the right to extend the term of this Agreement in one-year increments by written
acceptance of both Parties.
(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
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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 2 for all services
rendered. 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 2 for
services satisfactorily performed prior to date of termination.
(f) Consultant's professional responsibility for its completed work and services
shall survive any termination.
SECTION 6. USE OF DOCUMENTS.
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 7. INDEMNITY.
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 subconsultants.
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SECTION 8. 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 or subconsultants of Consultant.
SECTION 9. REQUIRED FEDERAL PROVISIONS.
(a) Consultant shall comply with all applicable Federal, State, and local laws
applicable to its activities.
(b) All records with respect to any matters covered by this Agreement shall be
available for inspection by Client, at any time during normal business hours and as often as
Client deems necessary, to audit, examine and make excerpts or transcripts of relevant
information, and otherwise to perform its official functions or duties.
SECTION 10. MISCELLANEOUS.
(a) Notices. Any notice required or permitted to be given or delivered under
this Agreement shall be in writing and shall be given by personal delivery, or by the United
States Postal Service, by registered or certified mail, postage prepaid, or reputable national
overnight courier service:
(a) If to Client, addressed to:
Mayor
City of Pueblo
1 City Hall Place, 2nd Floor
Pueblo, Colorado 81003
with a copy to: City Attorney
1 City Hall Place, 3rd Floor
Pueblo, Colorado 81003
(b) If to Consultant, addressed to:
Tatiana Bailey, Ph.D.
16033 Misty Rain Court
Monument, CO 80132
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or to such other address or person as any Party may from time to time specify in a writing
delivered to the other Party in the manner provided in this paragraph. Any notice shall be
deemed delivered on the day on which personal delivery is made or three (3) days after
deposit in the mail in the case of registered or certified mail, and one (1) business day after
deposit in the case of overnight courier.
(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.
(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.
(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 identity, sexual orientation or age. Consultant shall endeavor to insure that its
employees are treated during employment without regard to their race, color, religion, sex,
national origin, disability, gender identification, sexual 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.
(h) Litigation, Venue and Waiver of Trial by Jury. In the event of any litigation
arising under this Agreement, the court shall award to the prevailing Party its costs and
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reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County,
Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of
Colorado, and each Party submits to the personal and subject matter jurisdiction of such
District Court. To the fullest extent permitted by law, the Parties hereby waive their right to
a trial by jury.
(i) 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 Exhibit A and submit the completed form to Client as part
of the signed Agreement.
(j) Counterparts. This Agreement may be executed in two (2) or more
counterparts and each such counterpart shall be deemed for all purposes to be an original
and all such counterparts shall together constitute but one and the same original.
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Agreement as of the day and year first above written.
Client:
CITY OF PUEBLO, COLORADO
A COLORADO MUNICIPAL CORPORATION
�/
•
By _24(-1
Mayor
Attest:
City Cle
[ SEAL ]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
cam' /.
irector of Finance
APPROVED AS TO FORM:
40..rj
City Attorney G/
7
Consultant
TATIANA BAILEY. Ph.D., an individual
d/b/a PEAK ANALYTICS CONSULTING
1,
1
4V(dielt, (-,-2/ii.6" '7
(Signature) / 7
Tatiana Bailey, Ph.D.
8
Schedule 1
Scope of Services
A. Performance Monitoring:
The City will monitor the performance of the Consultant according to the Principal Tasks set
forth herein. Substandard performance shall mean non-compliance with this Agreement. If
actions to correct such substandard performance are not taken by the Consultant within a
reasonable period of time after being so notified by the City, contract suspension or
termination procedures may be initiated, in the sole discretion of the City.
B. Principal Tasks
Phase 1 — Develop a Pueblo Monthly Economic Dashboard
In order to know the ongoing economic landscape of Pueblo, it is necessary to continually
monitor key economic metrics. This includes gross metropolitan product or GMP (akin to
GDP - but for a city), unemployment rates, local number and type of job postings (labor
demand) and number of unemployed (labor supply), "super sectors" in terms of
employment and contribution to GMP, past and projected population growth by age cohorts,
number of new jobs, average local wages and living wages, single and multi-family home
prices, building permits, housing affordability indices, commercial lease and vacancy rates
and educational attainment levels. For benchmarking purposes, many of these metrics are
juxtaposed to "comparable" American cities and to U.S. averages. All data is presented in
graph format and is trended over time so the leadership of City government, businesses
and residents can see if the region is making progress and to what extent the growth
initiatives are working. This is essential in terms of fine-tuning economic development
programs.
To assess the exact metrics that would be included in the Pueblo economic dashboard, Dr.
Tatiana Bailey would meet with various community leaders. Each community has its
specific needs and goals. Feedback from leaders will ensure that the dashboard is tailored
to the region.
9
Schedule 2
Payments To Consultant
Phase 1 Tasks Cost
Meet with city leaders and develop $90,000
Pueblo Monthly Economic
Dashboard
Update economic dashboard monthly, $55,000 each year
fine-tune it as necessary, and answer
questions as they arise
10
Schedule 3
Project Timeline & Deliverables
Phase 1 Tasks Timeline
Meet with city leaders 2021 - 2022
and develop Pueblo
Monthly Economic
Dashboard
Update economic April 1, 2022 to
dashboard monthly, fine- March 31, 2023
tune it as necessary, and
answer questions as they
arise
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Exhibit A
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 independen
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 pr'vilege of doing business with the City of Pueblo.
Signed 4/1e7,u. y 4/Iy , 20 .
/ r-,
Exhibit A
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.
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