HomeMy WebLinkAbout2021 Ordinance No. 029
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BY AUTHORITY
ORDINANCE NO. 29 COUNCIL BILL NO. 26
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER SIERRA
AN ORDINANCE APPROVING AND AUTHORIZING AN
INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD AND THE ENGLEWOOD DOWNTOWN
DEVELOPMENT AUTHORITY
WHEREAS, the City Council of the City of Englewood approved the formation of
a Downtown Development Authority pursuant to section 31-25-801 et. seq., of the
Colorado Revised Statutes ("C.R.S.");
WHEREAS, the Englewood Downtown Development Authority ("EDDA") was
formed by the passage of Ordinance No. 25, Series 2020, and approved by the voters
in November 2020;
WHEREAS, the EDDA was formed and approved for the purpose of promoting
the cohesive improvement and redevelopment of the downtown area of the City of
Englewood;
WHEREAS, the EDDA Board reviewed and approved the Intergovernmental
Agreement ("IGA") at its first meeting on April 28, 2021;
WHEREAS, the passage of this Ordinance and approval of the IGA will provide a
mutual agreed framework outlining both the EDDA's duties to the City of Englewood
and the City's duties to the EDDA, as set forth in Article I and Article II of the IGA;
WHEREAS, the Parties may engage in additional negotiations for separate
agreements to modify the amount of sales taxes increments available for spending
within the EDDA boundaries and to establish repayment terms for the City's initial
funding of the EDDA;
WHEREAS, the Englewood City Council has authorized a one-time payment of
$150,000 in the City's 2021 budget, and the payment will be used to reimburse the
Community Development Department's Professional Services Agreement for Phase II
of the project in the amount of $49,000 with the remainder to fund the EDDA and
provide the services set forth in the IGA, in the amount of $101,000;
WHEREAS, the EDDA will procure and maintain insurance that will insure its
obligations and liabilities under the IGA, including but not limited to, general liability
coverage, workers compensation coverage, and property insurance. All policies shall
name the City of Englewood as an additional insured;
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WHEREAS, the initial term of the IGA shall be from January 1, 2021 through
December 31, 2021 and shall automatically renew subject to annual appropriations by
the City;
WHEREAS, either party may terminate the IGA by giving the other party 30 days
written notice or in the event that in the public interest requires such termination the
Englewood City Council or Board of Directors of the EDDA may immediately terminate
the Agreement;
WHEREAS, the Parties, their officers, attorneys, employees and agents are
relying on and do not intend to waive any monetary limitations, rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101
et seq., as amended; and
WHEREAS, consistent with Article X, § 20 of the Colorado Constitution, any
financial obligation of either Party not performed during the current fiscal year is subject
to annual appropriation, shall extend only to monies currently appropriated and shall not
constitute a mandatory charge, requirement, debt or liability beyond the current fiscal
year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. The attached “Intergovernmental Agreement Between the City of
Englewood and the Englewood Downtown Development Authority" attached hereto as
Exhibit A, is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest
said Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 6th day of July, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
9th day of July, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the
8th day of July, 2021.
Read by Title and passed on final reading on the 19th day of July, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 29, Series of
2021, on the 22nd day of July, 2021.
Published by title on the City’s official website beginning on the 21st day of July,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
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Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 29, Series of 2021.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
FOR DOWNTOWN DEVELOPMENT AUTHORITY
SUPPORT AND SERVICES
THIS AGREEMENT is made and entered into by and between the City of Englewood,
Colorado, a municipal corporation (the "City"), and the Englewood Downtown Development
Authority ("EDDA"), effective this ____ day of ___________, 2021 (each a "Party" and
collectively, the "Parties").
RECITALS
The City of Englewood formed the Downtown Matters planning initiative in January 2020
as a grant study initiative. The City of Englewood subsequently formed a Downtown Development
Authority as a body corporate pursuant to Colorado Revised Statutes section 31-25-801, et seq., in
July 2020, the funding of which was ratified in part by qualified electors at the November 2020
election.
The EDDA was formed by Ordinance No. 25, Series 2020, and approved by voters for the
purpose of promoting the cohesive improvement and redevelopment of the downtown area of the
City of Englewood. As consideration for the work to be performed by the EDDA, the City agrees
to provide assistance and services as set forth herein.
ARTICLE I
DUTIES OF THE EDDA
1. EDDA Services. The EDDA agrees to provide the following downtown development
services and programs on behalf of the City:
a. To prepare or have prepared the Englewood Downtown Plan, including a plan of
development as contemplated by C.R.S. § 31-25-807, and providing a long-term vision for
the downtown district for economic development, marketing, public space/placemaking,
mobility and land use/design goals and strategies.
b. To encourage and stimulate economic development in each of Englewood’s three
identified sub-areas – South Broadway, City Center and Medical District – by providing
information and services to existing and prospective businesses and developers.
c To establish policies and programs in accordance with EDDA goals and strategies
in five main topic areas: (1) Economy, Jobs and Housing; (2) Marketing and Programming;
(3) Public Space Enhancements and Placemaking; (4) Mobility, Parking and
Transportation; and (5) Land Use and Urban Design.
d. To implement both short- and long-term strategies to guide the EDDA moving
forward in accordance with the topics above such that Downtown Englewood realizes both
short- and long-term benefits of the EDDA's strategic mission.
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e. To promote downtown special events, COVID-19 pandemic restrictions permitting,
with implementation assistance from the City, including without limitation, partnering with
and leveraging local business promotions and their individual events as an opportunity to
attract patrons to the EDDA area and supporting municipal events in the downtown district.
f. To prepare digital and print marketing materials to assist in achieving economic
development and marketing in the Downtown district.
g. To conduct, prepare, or have prepared planning and technical surveys as may be
necessary for data and informational needs.
h. As necessary, to coordinate work and consult with the designated representatives of
the City in preparation of economic development, marketing, public space/placemaking,
mobility and land use/design activities.
i. To serve on project teams or as a stakeholder for several downtown projects, to
have a representative serve on the Development Review Team, and to participate in the
City's development code update.
j. To propose projects and prepare documents and presentations, as necessary, for
City evaluation and consideration.
k. To serve as a liaison to the Police Department on crime and safety matters
affecting the Downtown area.
l. To evaluate quarterly spot maintenance along South Broadway, Old Hampden and
Englewood Parkway, to support the local storefront economy, and enhance a sense of
safety and cleanliness for customers.
m. To prepare information for additional appropriations and Capital Improvement
Program project amendments for the current fiscal year on the same schedule as City
departments and to be available to present information during council meetings if necessary.
n. To coordinate with the City to ensure consistent and appropriate management of
independent contractors and, when appropriate, to use City Personnel Rules and processes
for management of employees.
o. To use the City’s Procurement Division for all procurement contracts and
purchasing transactions, and to adhere to all of the City’s purchasing rules and regulations.
However, where it states in the purchasing rules that contracts must be approved by City
Council, EDDA contracts will be approved by the EDDA Board. Where purchasing rules
dictate that the Procurement Manager will sign contracts, the EDDA Director will have
this signing authority.
p. To do all things necessary, proper, advisable or convenient for the accomplishment
of the above purposes and to do all other things incidental thereto or connected therewith.
2. Downtown Projects. The Parties agree to explore funding and partnerships related to
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downtown projects aligned with the Downtown Plan, including streetscape, mobility and
pedestrian safety improvements, and development and small business grants. When appropriate
for city-led downtown projects, the EDDA will have a representative on such a project team.
ARTICLE II
DUTIES OF THE CITY
1. Support Services. In conjunction with the services to be performed by the EDDA as set
forth above, the City agrees to provide the EDDA with the following support services:
a. The City’s Human Resources Department shall provide services and resources to
the EDDA that reflect those provided to City independent contractors.
b. The City shall provide the EDDA with copies of all policies and procedures
applicable to independent contractors.
c. The City shall provide the EDDA access to the services of its Risk Management
Division of the Human Resources Department as a resource for advice and assistance on
purchasing of insurance, claims, safety, and other risk management issues.
d. The City shall provide the EDDA with the resources of purchasing services, supplies,
and equipment through the City’s Procurement Division.
e. The City shall provide to the EDDA accounting services and monthly detailed
financial reports relating to EDDA expenses, income, and budgets.
f. The City shall provide to the EDDA access to the City Clerk's Office for services
ensuring compliance with the Open Meetings Law and the Open Records Act, as well as
for assistance with election activities.
g. The City shall provide to the EDDA access to the City's economic development
department to allow coordination of economic recovery assistance efforts.
h. The City shall provide the EDDA access to the services of the Building Inspection
staff as a resource for advice and assistance on electrical and building design and
compliance issues.
i. Subject to all professional and legal duties the City Attorney and his or her staff
owe to the City and its officers and employees, including loyalty, conflict of interest, and
confidentiality, the City will provide the EDDA access to its City Attorney’s Office as an
informal resource on legal issues. The City Attorney will provide this service as a matter
of information only, as part of his work for the City. This service shall not create the
relation of attorney and client between the City Attorney or his staff and the EDDA. The
EDDA acknowledges that it has authority under C.R.S. § 31-25-807(g), to retain and
fix the compensation of legal counsel and that the City Attorney is not such legal
counsel.
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j. The City shall provide the EDDA services of the Community Development
Department and other City staff as needed for implementation of the Englewood
Downtown Plan.
k. Safety in the EDDA area: The City shall work with the EDDA to collaborate
on solutions, staffing and best practices to keep Downtown a clean and safe environment
for all.
l. The City shall provide the EDDA information technology services, including access
to the EDDA’s website, email, engagement and video conferencing tools.
2. Request for Services. Requests for said services shall be made by the EDDA Director, an
EDDA Board designee, or the Chair of the EDDA Board.
ARTICLE III
SALES TAX TIF; NEGOTIATED BASE
1. Pursuant to C.R.S. § 31-25-807(3)(a) and any adopted plan of development contemplated
by C.R.S. § 31-25-807, the EDDA can accrue and spend sales tax funds collected within the EDDA
boundaries in excess of the sales tax collected within the EDDA boundaries in the base year. The
Parties acknowledge that, pursuant to C.R.S. § 31-25-307(3)(a)(I), the statutory formula to set the
base year for sales tax TIF is as follows: “…municipal sales taxes collected within the boundaries
of said development area in the twelve-month period ending on the last day of the month prior to
the effective date of approval of said plan…” (the "Statutory Base").
2. Recognizing the Statutory Base, the Parties may nonetheless desire to negotiate a different
calculation as a base amount for sales tax TIF calculations in order to avoid penalizing the City in
the event the COVID-19 pandemic of 2020 negatively impacted sales tax revenues, resulting in an
understated Statutory Base that would have been higher during a more typical 12-month period.
Any such agreement will be memorialized by separate written agreement and will be subject to
City Council and EDDA Board approval.
ARTICLE IV
CITY CONTRIBUTION AS A LOAN
1. The City has authorized One Hundred Fifty Thousand Dollars ($150,000.00) in its 2021
budget to provide the services described in this Agreement (the "City Contribution"). It is the
understanding of the Parties that the City Contribution shall constitute the total compensation
payable by the City for the services identified herein and provided by the EDDA.
2. At the option of the Parties, they may negotiate by separate agreement a mechanism by
which the City Contribution shall be considered a loan to the EDDA, repayable from sales tax TIF
the EDDA collects or from other sources. Any such agreement would be subject to City Council
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and EDDA Board approval.
ARTICLE V
INSURANCE REQUIREMENTS
1. The EDDA shall procure and maintain in full force and effect such insurance that will insure
its obligations and liabilities under this Agreement. Coverage will initially be limited to general
liability insurance for the EDDA Board through the Special District Association. When and if
necessary, the EDDA shall procure and maintain workers’ compensation; property insurance
necessary to protect real and physical assets owned by the EDDA including without limitation real
property, business equipment, streetscape improvements, automobile liability (including, as
appropriate, owned, non-owned and hired autos); and general liability.
2. The EDDA shall attach to this Agreement, prior to its final approval, a certificate showing
it has in effect the policies required by this Agreement. The certificate shall name the City as
additional insured and EDDA shall promptly notify the City’s Risk Manager if it learns of any
termination, cancellation, or modification of any insurance policy. Any variance proposed by the
EDDA to these insurance provisions must be approved in writing by the City’s Risk Manager and
will become incorporated as an addendum to this Agreement.
3. EDDA shall not cancel, materially change, or fail to renew insurance coverages. The
EDDA shall notify the City of Englewood Risk Manager, 1000 Englewood Parkway Englewood,
CO 80110, of any material reduction or exhaustion of aggregate limits.
ARTICLE IV
TERM OF AGREEMENT
1. Notwithstanding the date of execution, this Agreement shall be for a term beginning
January 1, 2021, and ending December 31, 2021, unless extended or modified by mutual agreement
between the Parties. The City reserves the right to review the performance of the EDDA and to
renegotiate at the end of the contract period if mutually agreeable between the City and the EDDA.
Subject to annual appropriations by the City, this Contract shall be automatically renewable for
each subsequent calendar year period. Either Party may elect not to renew this Contract by giving
the other Party written notice of that decision at least ninety (90) days prior to the expiration of the
current contract term.
2. Either Party may otherwise at any time terminate this Agreement by giving the other Party
thirty (30) days written notice. However, the City Council of the City or Board of Directors of the
EDDA shall have the authority to sooner or immediately terminate this Agreement upon a finding
that the public interest requires such termination.
3. If this Agreement is terminated by either Party or it expires, such termination or expiration
shall not prevent implementing the terms, conditions, and covenants of any agreement for
assistance entered into by an applicant and the EDDA prior to such termination or expiration, unless
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such agreement is contrary to law.
ARTICLE V
MISCELLANEOUS PROVISIONS
1. The Parties and their officers, attorneys, employees and agents are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq., as amended, or otherwise available to the Parties and their officers, attorneys,
or employees.
2. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of
either Party not performed during the current fiscal year is subject to annual appropriation, shall
extend only to monies currently appropriated and shall not constitute a mandatory charge,
requirement, debt or liability beyond the current fiscal year.
3. There are no intended third-party beneficiaries to this Agreement.
4. If any provision of this Agreement is found by a court of competent jurisdiction to be
unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year written above.
CITY OF ENGLEWOOD ENGLEWOOD DOWNTOWN
DEVELOPMENT AUTHORITY
By: _________________________________ By: _______________________________
MAYOR LINDA OLSON EDDA BOARD CHAIR
ATTEST ATTEST
________________________________ ___________________________________
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