HomeMy WebLinkAbout10401ORDINANCE NO. 10401
AN EMERGENCY ORDINANCE APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE A CONSULTING
SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND GILBERT E.
ROMERO D/B/A CAPITOL SUCCESS GROUP FOR LOBBYING
SERVICES DURING THE 2023 LEGISLATIVE SESSION OF THE
COLORADO GENERAL ASSEMBLY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Consulting Services Agreement dated February 27, 2023 between the City of
Pueblo, a Colorado municipal corporation and Gilbert E. Romero d/b/a Capitol Success Group,
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 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 all acts consistent with this
Ordinance and the attached Agreement to implement the policies and procedures described
herein.
SECTION 3.
th
Savings Clause: The State of Colorado’s 74 General Assembly convened on January
9, 2023 and must adjourn 120 days later on May 8, 2023. Due to the limited duration of the
legislative session, the City must retain a lobbyist as soon as possible. The immediate
enactment of this Ordinance is necessary in order to preserve and protect the health, safety and
welfare of the residents of the City. Pursuant to Sec. 3-20 of the City Charter, 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 February 27, 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 # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 27, 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 EMERGENCY ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND GILBERT E. ROMERO D/B/A CAPITOL
SUCCESS GROUP FOR LOBBYING SERVICES DURING THE 2023
LEGISLATIVE SESSION OF THE COLORADO GENERAL ASSEMBLY
SUMMARY:
Attached is an Emergency Ordinance approving and authorizing the Mayor to sign a
Consulting Services Agreement with Gilbert E. Romero d/b/a Capitol Success Group
(“Contractor”) for lobbying services during the 2023 legislative session of the Colorado
state legislature.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The City of Pueblo requires the services of an experienced consultant to provide
lobbying services for the 2023 legislative session of the Colorado General Assembly.
Mr. Romero is capable and qualified to perform those services required by the City.
FINANCIAL IMPLICATIONS:
The City agrees to pay a fee of $12,000 to Contractor, in equal amounts of $4,000 per
month over three (3) months on March 1, 2023, April 1, 2023 and May 1, 2023
respectively. Necessary expenses incurred by the Contractor in providing lobbying
services shall also be paid by the City provided Contractor notifies the City in writing of
such expenses in advance and the City gives written preapproval of such expenses.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If City Council does not approve this Ordinance, Mr. Romero will not be engaged to
provide lobbying services.
RECOMMENDATION:
The Mayor and City Staff recommend approval of this Ordinance.
ATTACHMENTS:
1. Consulting Services Agreement between the City and Gilbert Romero
Consulting Services Letter of Agreement for the 2023 Legislative Session
This AGREEMENT is made and entered into this 27th day of February, 2023, by and between
Gilbert E. Romero, Capitol Success Group, (hereinafter referred to as "Contractor"), and the City
of Pueblo, (hereinafter referred to as "City of Pueblo" or"City").
WHEREAS, City of Pueblo requires the services of a Contractor to provide lobbying services for
the 2023 legislative session of the Colorado General Assembly; and
WHEREAS,the Contractor is capable and qualified to perform those services required by the City
of Pueblo which are set forth herein,and the parties desire to enter into this Agreement,whereunder
the Contractor shall provide such services to the City of Pueblo during 2023.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
the parties agree as follows:
I. OBLIGATIONS OF CONTRACTOR
The Contractor agrees to perform those duties for City of Pueblo including:
A. BILL MONITORING AND REPORTING
1. Compile and transmit written monitoring reports on all bills introduced,
which have impact or potential for impact upon the City of Pueblo's
municipal powers, responsibilities and authorities. Said reports will be
transmitted weekly or as otherwise required by the Mayor and Pueblo City
Council and shall include for each bill a brief summary, the anticipated
impact on City of Pueblo, the bill status and bill calendar, and the
Contractor's recommendation to support, oppose, or monitor.
2. Track budget requests and determine their impacts on the City of Pueblo
and its positions,policies, and goals.
3. Assist the City of Pueblo in developing positions and strategies on
prospective and current legislation, including drafting or amending
proposed legislation.
4. Identify key players in the Colorado legislative and executive branches.
5. Develop relationships between Contractor, said key players, and City of
Pueblo; keep said key players informed of the City of Pueblo's concerns
and positions.
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6. Keep Mayor and Pueblo City Council informed of current and prospective
legislation and activities affecting such legislation; develop position papers
and needed reports on such current and prospective legislation.
7. Attend Pueblo City Council meetings as requested by the City Council and
provide strategic political advice to City of Pueblo at such meetings.
8. Provide training to Pueblo City Council members on the topic of
governmental relations with local legislators.
9. Assist Pueblo City Council members in developing grassroots support.
10. Assist City of Pueblo in developing collaborative efforts and statewide
constituencies on City of Pueblo legislative issues and positions.
B. COMMUNICATIONS
Contractor shall be available to the Mayor and Pueblo City Council and its designated contact
person(s) by phone or e-mail and in person.
C. LOBBYING
Contractor will actively lobby in support of/or in opposition to such bills as the Mayor and Pueblo
City Council may designate through a process of prioritization of bills with the participation of
City of Pueblo and the Contractor. Lobbying includes acquiring legislative sponsors, actively
soliciting legislator's votes in support of the City's position on prioritized legislation, developing
written position/fact reports as necessary for legislation, and developing coalitions with other
interest groups and key legislators.
D. BILLS INITIATED BY CITY OF PUEBLO
Contractor will be the lead lobbyist for all bills initiated by City of Pueblo and will make all
contacts and lobbying efforts necessary and as requested by City of Pueblo with regard to said
bills.
E. MEETINGS
Contractor's team will work with the Mayor and the Pueblo City Council and staff to develop a
work schedule during legislative session and post session to keep the Mayor and the City Council
members advised with timely information and regularly scheduled virtual and in person meetings
as determined by the parties.
F. DRAFTING
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Contractor will work with City staff in the drafting of legislation and amendments, as required.
This may also include conferring and developing draft language with Legislative Legal Services
of the Colorado General Assembly.
G. GOOD STANDING
Contractor shall remain in good standing and be registered with the Secretary of State as a lobbyist.
The Contractor shall report any conflict, whether patent or latent, to the City Council members
through the Pueblo City Attorney, and the Pueblo City Council shall have the sole and final
authority to determine if a conflict exists and how it should be resolved.
II. FEES
For and in consideration of Contractor providing the services described above, the City of
Pueblo agrees to pay a fee of$12,000 to Contractor, in equal amounts of$4,000 per month
over three (3) months on March 1, 2023, April 1, 2023 and May 1, 2023. Necessary
expenses incurred by contractor in providing the services described above to the City of
Pueblo shall be paid provided Contractor notifies the City of Pueblo in writing of such
expenses in advance and the City of Pueblo gives written preapproval of such expenses.
III. TERMINATION
A. Unless sooner terminated as provided herein, this Agreement shall commence on
March 1, 2023, and shall automatically terminate May 30, 2023. Thereafter, this
Agreement may be renewed by the execution of a separate written agreement
signed by the parties hereto.
B. The City of Pueblo may terminate this Agreement, at any time and for any reason,
by giving thirty (30) days prior written notice to the Contractor. Unless sooner
terminated as provided herein, this Agreement shall terminate at the end of the
contract period set forth in paragraph III.A. above.
C. Contractor may terminate this Agreement, for cause,by giving sixty (60)days prior
written notice to the City of Pueblo. Unless sooner terminated as provided herein,
this Agreement shall terminate at the end of the contract period set forth in
paragraph III. A. above.
D. This Agreement shall be subject to the availability of appropriated funds within the
annual budget of the City. If the City does not appropriate funds during the term
hereof sufficient to pay the amounts due hereunder and the City has exhausted all
funds legally available for payments due under this Agreement, the City may, by
giving advance written notice, terminate this Agreement without further liability to
the Contractor. In any event, the City of Pueblo shall track expenditures for
professional services under the City's annual budget and notify the Contractor as
soon as an event of insufficient appropriation is discovered. Upon receiving such
notice,the Contractor shall be entitled to cease performance hereunder at such time
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as he is directed to do so by the City of Pueblo Attorney, and the Contractor shall
be fully compensated for all work performed hereunder prior to receiving that
direction.
IV. STATUS OF CONTRACTOR
The parties understand and agree that Contractor shall, at all times during the term of this
Agreement, be deemed an independent contractor and not an employee of the City of
Pueblo, and shall be responsible for, and obligated to pay, all withholding taxes, social
security, unemployment, worker's compensation, and/or other taxes and shall indemnify
and hold the City harmless from and against any and all claims for the same period.
Contractor or its employees are not entitled to worker's compensation benefits from City
of Pueblo.
V. WORK PRODUCT
Any and all work products which are the result of this Agreement will be the property of
City of Pueblo for its use.
VI. CONFIDENTIALITY
Contractor shall maintain the confidentiality of City of Pueblo proprietary information at
all times in accordance with applicable law.
VII. NON-ASSIGNMENT
This Agreement is personal in nature and none of the rights or duties accruing under the
terms of this Agreement may be delegated or assigned by Contractor without the prior
written consent of City of Pueblo.
VIII. SEVERABILITY
In the event that any one or more of the provisions of this Agreement shall be invalid,
illegal, or unenforceable in any respect for any reason, the validity, legality, or
enforceability of the remaining provisions of this Agreement shall not be impaired.
IX. OTHER
A. This Agreement constitutes the entire agreement between the parties and
supersedes and replaces all prior and contemporaneous agreements,
representations, and understandings between the parties. No variation or
modification of this Agreement, and no waiver of any of the Agreement's
provisions or conditions, shall be binding unless made in writing and signed by the
authorized representatives of Contractor and City of Pueblo. This Agreement shall
be governed by, and constructed according to, the laws of the State of Colorado.
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Any delegation or assignment of this Agreement by either party without the prior
written consent of the other party shall be void.
B. All notices to be given under this Agreement shall be made in writing and shall be
sufficient if delivered personally or mailed by First Class United States mail.
City of Pueblo, Colorado Pueblo City Attorney's Office
1 City Hall Place
Pueblo, CO 81003
and
Gilbert E. Romero
Capitol Success Group
1550 Larimer Street#639
Denver Colorado 80202
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first
written above.
ATTEST: CITY OF PUEBLO, COLORADO
By: - By:
DCity Clerk icholas A. ra , Mayor
CONTRACTOR
By: /11/1
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Gi, ert E. Romero
APPROVED AS TO FORM AND CONTENT:
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City Attorney
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