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HomeMy WebLinkAbout09532RESOLUTION NO. qrm 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 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Professional Services Agreement dated as of January 1, 2002 between Pueblo between Pueblo, a Municipal Corporation and Kogovsek & Associates, Inc. relating to the performance of legislative consulting services for the City, a copy ofwhich 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. INTRODUCED: February 25 2002 By: Al Gurule CO PERSON APPROVED: PRESIDEN OF THE CITY COUNCIL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # J i DATE: FEBRUARY 25, 2002 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVID J. GALLI, DEPUTY 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 In December 1998, the City entered into an agreement with Kogovsek & Associates, Inc. for the performance of legislative consulting services. Under the initial agreement, the City was to pay Kogovsek & Associates, Inc. $3,000 per month plus reasonable and necessary expenses incurred. In May 2000, per direction by the City Council, the contract was modified by separate letter signed by the City Manager and Ray Kogovsek, President of Kogovsek & Associates, Inc. The modified agreement added legislative consulting duties relative to the Pueblo Chemical Depot chemical demilitarization project to the list of services to be provided and increased the City's compensation to $5,Q00 per month. Based on budget constraints for the year 2002, the City Manager has asked Kogovsek & Associates, Inc. to reduce their fee for services provided. Kogovsek & Associates, Inc. has agreed to reduce their fee to $45,000 per year, which includes all expenses incurred. This resolution approves a new professional services agreement between the City and Kogovsek & Associates, Inc. combining all aspects from the original agreement, the letter amending the agreement, and the reduction in fee as agreed to by Kogovsek and the City Manager. Under this new agreement, Kogovsek & Associates, Inc. will continue to perform all legislative consulting services that were previously provided, including services relating to the Pueblo Chemical Depot chemical demilitarization project. Kogovsek & Associates, Inc. will be paid $3,750 per month, which includes all expenses, and in no event more than $45,000 per year, RECOMMENDATION Approval FINANCIAL EUPACT In 2001, total payments to Kogovsek & Associates, Inc., including reimbursable expenses, totaled approximately $65,000. Under this new agreement, there will be a cost savings to the City of approximately $20,000. The $45,000 that will be paid to Kogovsek & Associates, Inc. under this agreement has already been budgeted in the 2002 budget in the City Council professional services account. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT entered into as of January 1, 2002 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 for one (1) year commencing January 1, 2002 and ending December 31, 2002 unless sooner terminated as herein provided. If not sooner terminated, this Agreement shall automatically be renewed for successive one year terms unless either party shall give thirty (30) days written notice to the other party prior to December 31, 2002 or December 31 of any subsequent year, stating that this Agreement shall not be renewed for the next calendar year. 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 paragraph 3, City will pay Kogovsek the sum of $3,750 per month which includes all Kogovsek's expenses, and in no event more than $45,000.00 per year. 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 by thirty (30) days prior written notice given to the other party, either request negotiation of the terms and conditions hereof, or terminate this Agreement. 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. Financial obligations imposed on the City hereunder are subject to funds being annually budgeted and appropriated for such purpose. Failure of the City to so appropriate and budget such funds for any fiscal year shall be deemed to be a termination of the Agreement effective January 1 of such fiscal year and each party shall be released and discharged from all future obligations under this Agreement. 10. The Professional Services Agreement dated December 24, 1998 is hereby terminated and superseded by this Agreement. Executed the day and year first above written. [SEAL] ATTEST: City k PUEBLO, A MUNICIPAL CORPORATION By President of the City Council [SEAL] ATTEST: Secretary KOGOVSEK & ASSOCIATES, INC. I: President -2-