Loading...
HomeMy WebLinkAbout09629ORDINANCE NO. 9629 AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND KOGOVSEK & ASSOCIATES, INC., A COLORADO CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Professional Services Agreement dated December 23, 2019, between the City of Pueblo, a Colorado municipal corporation and Kogovsek & Associates, Inc., a Colorado corporation, a copy of which is attached hereto (”Agreement”) having been approved as to form by the City Attorney, is hereby approved. The Mayor 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 2. The officers and staff of the City are authorized and directed to perform 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 December 9, 2019. Final adoption of Ordinance by City Council on December 23, 2019. President of City Council Action by the Mayor: ☒ Approved on December 2, 2019 . 6 □ 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 Deputy City Clerk City Clerk’s Office Item # R-12 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 9, 2019 TO: President Dennis E. Flores and Members of City Council VIA: Brenda Armijo, City Clerk FROM: Mayor Nicholas A. Gradisar SUBJECT: AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND KOGOVSEK & ASSOCIATES, INC., A COLORADO CORPORATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached is an Ordinance approving a professional services agreement between the City and Kogovsek & Associates, Inc., a Colorado corporation (“Consultant”) to advise and represent the City on federal legislative, administrative and related matters. PREVIOUS COUNCIL ACTION: City Council has approved lobbying agreements with the Consultant for many years. BACKGROUND Christine Arbogast of Kogovsek & Associates, Inc. has performed legislative consulting services for the City for a number of years. Recently, Ms. Arbogast has been especially effective in representing the interests of City residents in the ongoing Eilers Neighborhood Superfund cleanup project. The attached Professional Services Agreement contains the same terms and conditions as the current Agreement, except for a 50% reduction in fees. FINANCIAL IMPACT The proposed Agreement provides for payment of $1,000 per month professional fees and an annual reimbursement not to exceed a total of $1,000 for travel and lodging to and from Washington, D.C. The fees for such services have been reduced by 50% from the current Agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, Consultant will not be retained and the City will be without representation on federal legislative, administrative and related matters. RECOMMENDATION: City Staff recommends approval of this Ordinance. Attachments: Proposed Ordinance; proposed Professional Services Agreement. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into this 23rd day of December, 2019, by and between the City of Pueblo, a Colorado municipal corporation ("City") and Kogovsek & Associates, Inc., a Colorado corporation ("Consultant"). The City and Consultant may be individually referred to as "Party" or collectively referred to as "Parties." WITNESSETH: In consideration of the mutual covenants herein contained, City and Consultant agree as follows: 1. City engages Consultant and Consultant accepts such engagement to provide legislative consulting services to City upon the terms and conditions hereinafter set forth. 2. The term of this Agreement shall be from January 1, 2020 to December 31, 2020 unless sooner terminated as herein provided. This Agreement, and any amendments hereto, shall automatically be renewed for successive one-year periods unless, prior to the expiration of the initial term or any one-year extensions thereof, the Parties give Notice stating that an extension is not desired. In the event of non-renewal, the Parties agree that this Agreement shall be terminated. 3. Consultant shall perform the following services for City: oversight of congressional activities, general lobbying, including federal administrative actions which impact City; maintain a working relationship with the Colorado congressional delegation and appropriate representatives of federal administrative agencies to enhance City's visibility at the national level; arrange for City officials to appear before committees with jurisdiction over issues of concern to City, or to meet individually with decision-makers. 4. The Mayor may direct also Consultant 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 City's benefit or interest and steering proposals through the legislative process 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 Consultant performing the services described in paragraphs 3 and 4, City will pay Consultant the sum of $1,000 per month. City will pay Consultant's reasonable and necessary expenses for transportation and lodging in, to and from Washington, D.C. incurred by Consultant during any calendar year in the course of providing professional services under this Agreement in an annual amount not to exceed $1,000.00. 1 6. Consultant will provide City with periodic written reports of its activities, and more frequent communication when appropriate, and will meet with the Mayor or City Council upon request. 7. Under this Agreement, Consultant has a duty of loyalty to City. Consultant agrees to keep the interests of City paramount to all others and shall have undivided allegiance to City's interests when engaged in its lobbying activities and in using information provided by City. In the event any conflict of interest should arise, Consultant shall advise the Mayor of same and, at the Mayor's request, Consultant shall withdraw from representation of or other activities for third parties which present a conflict of interest. 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 Consultant and shall be binding upon and inure to the benefit of the Parties hereto and their respective successors. Executed at Pueblo, CO on the day and year first above written. [ SEAL ] CITY OF PUEBLO, a Colorado municipal corporation Attest: % ` By 74/aggfe<4244adry'' P�►� City Clerk Mayor KOGOVSEK &ASSOCIATES, INC. a Colorado corporation y: Christine Arbogast, esident 2