The URL can be used to link to this page

Home My WebLink About10398ORDINANCE NO. 10398 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND TATIANA BAILEY, PH.D. D/B/A PEAK ANALYTICS CONSULTING RELATING TO THE PUEBLO MONTHLY ECONOMIC DASHBOARD REPORTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 1 to the Agreement for Professional Services (“Amendment”) between the City of Pueblo, a Colorado municipal corporation and Tatiana Bailey, Ph.D. d/b/a Peak Analytics Consulting, dated February 27, 2023, 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 Amendment 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 Amendment to implement the policies and procedures described therein. SECTION 3. This Ordinance shall become effective immediately upon final action by the Mayor and City Council nunc pro tunc October 1, 2022. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 13, 2023. Final adoption of Ordinance by City Council on February 27, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 28, 2023 . □ 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 # R14 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 13, 2023 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 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND TATIANA BAILEY, PH.D. D/B/A PEAK ANALYTICS CONSULTING RELATING TO THE PUEBLO MONTHLY ECONOMIC DASHBOARD REPORTS SUMMARY: The attached Ordinance approves and authorizes the Mayor to sign an Amendment No. 1 to the consulting agreement with Tatiana Bailey, Ph.D. d/b/a Peak Analytics Consulting (“Dr. Bailey”) in connection with Pueblo monthly economic dashboard reports. PREVIOUS COUNCIL ACTION: On June 13, 2022, by Ordinance No. 10194, City Council approved a Consulting Agreement for Dr. Bailey to develop a Pueblo monthly economic dashboard and to provide monthly dashboard reports through March 31, 2023. BACKGROUND: The attached Amendment makes three (3) changes to the current Consulting Agreement: 1. The term of the contract is extended until December 31, 2023. 2. In addition to the monthly dashboard reports, Dr. Bailey is required to provide a monthly narrative analysis of each report and will receive additional compensation for her narrative analysis. 3. At Dr. Bailey’s request, the Consulting Agreement and the contract amendment is being assigned to Data-Driven Economic Strategies (“DDES”) a Colorado nonprofit corporation. FINANCIAL IMPLICATIONS: Under the attached Amendment, payments to DDES will be made to DDES as follows: Date Time Period Amount 03-15-23 2022 Q4 - October 1, 2022 to December 31, 2022 $ 17,500.00 04-15-23 2023 Q1 – January 1, 2023 to March 31, 2023 17,500.00 07-15-23 2023 Q2 – April 1, 2023 to June 30, 2023 17,500.00 10-15-23 2023 Q3 – July 1, 2023 to September 30, 2023 17,500.00 01-15-24 2023 Q4 – October 1, 2023 to December 31, 2023 17,500.00 Total $ 87,500.00 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’s engagement will terminate on March 31, 2023. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Amendment No. 1 to Professional Services Agreement between City and Peak Analytics AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment") is made and entered this 27th day of February, 2023, by and between the City of Pueblo, a Colorado municipal corporation (hereinafter referred to as "Client") and Tatiana Bailey, Ph.D., an individual, d/b/a Peak Analytics Consulting (hereinafter referred to as "Consultant") and the Center for Technology, Research and Commercialization d/b/a Data-Driven Strategies, a Colorado nonprofit corporation (hereinafter referred to as ("DDES"). Client, Consultant and DDES 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: A. The Agreement for Professional Services ("Agreement") between the Client and Consultant dated June 13, 2022 nunc pro tunc April 1, 2022, shall be and hereby is amended to read as follows: (1) Assignment. Consultant hereby assigns the Agreement to DDES. (2) Assumption. DDES hereby assumes and agrees to observe and perform the obligations of the Agreement. (3) Consent. Client hereby consents to the foregoing assignment and assumption of the Agreement and Client agrees to give DDES the same rights under the Agreement as previously enjoyed by Consultant. (4) Term. The term of this Amendment begins on October 1, 2022 and ends on December 31, 2023. (5) Scope of Services. During the Term of this Amendment, DDES shall provide services as follows: Update economic dashboard monthly, provide a narrative October 1, 2022 to report and answer questions from Client as they arise December 31, 2023 (6) Fees for Services and Payment. The aggregate of all payments made hereunder shall not exceed Eighty-Seven Thousand Five Hundred Dollars (U.S. $87,500.00). Client shall make payments to DDES according to the following schedule: Date Time Period Amount 03-15-23 2022 Q4 - October 1, 2022 to December 31, 2022 $ 17,500.00 04-15-23 2023 Q1 —January 1, 2023 to March 31, 2023 17,500.00 07-15-23 2023 Q2 —April 1, 2023 to June 30, 2023 17,500.00 10-15-23 2023 Q3— July 1, 2023 to September 30, 2023 17,500.00 01-15-24 2023 Q4—October 1,2023 to December 31, 2023 17,500.00 To _._ �.._._. $ 87,500.00 B. The Agreement for Professional Services between the Parties dated June 13, 2022 nunc pro tunc April 1, 2022 is incorporated herein by this reference, and is hereby ratified and shall remain in full force and effect, except as modified by this Amendment. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, COLORADO A COLORADO MUNICIPAL CORPORATION r u� t By / Mayor Attest: ------'_ 3 J City Clerk TATIANA BAILEY. Ph.D., an individual 7 d PEAK ANALYTICS CONSULTING ( ignature) / ''�� Tatiana Bailey, Ph.D. CENTER FOR TECHNOLOGY, RESEARCH AND COMMERCIALIZATION D/B/A DATA-DRIVEN ECONOMIC STRATEGIES A COLORADO NONPROFIT CORPORATION r ( ignature) / i dk--------) aGeZde;to hvke147 bi)615 (Title) 2