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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. 1 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 2 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 3 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. 4 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 _pp2-,2.-y.\---( Gi, ert E. Romero APPROVED AS TO FORM AND CONTENT: '1>Pea404:404A •4". imeger oat City Attorney 5