HomeMy WebLinkAbout2021 Resolution No. 0401
RESOLUTION NO. 40
SERIES OF 2021
A RESOLUTION AUTHORIZING AN ECONOMIC PARTNERSHIP
AGREEMENT WITH THE GREATER ENGLEWOOD CHAMBER
OF COMMERCE
WHEREAS, Section 4-1-3-1 of the Englewood Municipal Code 2000, allows
contracts for professional or technical services to be authorized without receiving
sealed, competitive bids for reasons deemed in the best interests of the citizens of
the City of Englewood (“City”);
WHEREAS, the Alliance for Commerce In Englewood Committee (“ACE”)
was established by the Englewood City Council with the passage of Ordinance No.
5, Series 2001;
WHEREAS, ACE was focused on the creation of an environment in the City
in which existing businesses and new businesses could prosper;
WHEREAS, in 2020, downtown area Englewood voters approved the
formation of the Englewood Downtown Development Authority (EDDA), which is
designed to work with the City and its economic development partners in the
development of new businesses and support existing businesses;
WHEREAS, with the creation of the EDDA, and the City’s partnership with
the Greater Englewood Chamber of Commerce (“GECC”), the reasons for ACE no
longer existed;
WHEREAS, ACE was dissolved by Ordinance 42, Series 2021;
WHEREAS, GECC is dedicated to creating unlimited avenues and
opportunities to assist businesses in the City succeed through a variety of
programs, events and networking;
WHEREAS, GECC provides services formerly provided by ACE to the City;
WHEREAS, the City and GECC commit to working together to further the
business opportunities and growth in the City and wish to formalize their
relationship;
WHEREAS, in furtherance of enhancing economic vitality and supporting
entrepreneurs, the City desires to contract with GECC to perform small business
consultations, technical assistance, training, and workshops;
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WHEREAS, the City will provide $20,000 annually for a three-year period
to GECC for the program and business seminars, technical assistance, training,
and workshops in Englewood; and
WHEREAS, it is in the best interests of the citizens of the City to enter into
this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
That the City Council of the City of Englewood hereby approves the
Economic Partnership Agreement by and between GECC and the City, and hereby
authorizes the Mayor to execute such contract, a copy of which is attached as
Exhibit A.
ADOPTED AND APPROVED this 1st day of November, 2021.
Linda Olson, Mayor
ATTEST:
__________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby
certify the above is a true copy of Resolution No. 40, Series of 2021.
______________________________
Stephanie Carlile
DocuSign Envelope ID: 709391CD-EF67-4AA3-AEA6-224097FA7EBE
04A6462AAA834CB ...
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
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Economic Partnership Agreement
Between
Greater Englewood Chamber of Commerce
and the City of Englewood
This Economic Partnership Agreement (the “Agreement”) is made as of this _____ day of
____________, 20__, (the “Effective Date”) by and between The Greater Englewood Chamber of
Commerce (“GECC”), and the City of Englewood, Colorado, a municipal corporation organized under
the laws of the State of Colorado (“City”).
WHEREAS, in furtherance of enhancing economic vitality and supporting entrepreneurs, the
City desires to contract with GECC to perform small business consultations, technical assistance,
training, and workshops at Englewood Civic Center; and
WHEREAS, GECC is focused on energizing and promoting its members while constantly
engaging new businesses; and
WHEREAS, GECC is dedicated to creating unlimited avenues and opportunities to assist
businesses in the City succeed through a variety of programs, events and networking; and
WHEREAS, the services provided by GECC are integral to the City’s economic development
program; and
WHEREAS, the City and GECC commit to working together to further the business
opportunities and growth in the City; and
WHEREAS, the parties desire to enter into an agreement by describing the relationship between
GECC and the City regarding services that GECC will perform for the City; and
NOW, THEREFORE, in consideration of the covenants and promises contained herein, the
sufficiency of which is acknowledged by the parties, the parties agree as follows:
1. Responsibilities of GECC
a. GECC will provide a minimum of four workshops, seminars or events annually,
preferably a minimum of one per quarter, based on local priorities. Examples include:
i. Small Business Startup Workshops
ii. Industry/sector focused Workshops
EnVOF lewood g PROCUREMENT DIVISION
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
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iii. Walking or driving tour of local businesses where GECC and the City officials
can meet, show appreciation to, and discuss challenges and opportunities with
local business representatives
b. GECC will offer all Board Members of the Alliance for Commerce in Englewood
(“ACE”), which has been disbanded, a free one-year personal membership to allow for
the continuity of mission/services formerly provided by ACE for the City. This
membership will be eligible for Board Members who had served in the 2021 calendar
year.
c. GECC will appoint the City Manager, or designee, as an ex-officio member of its board.
d. The Executive Director of GECC will annually update the Englewood City Council and
the City Manager at an Englewood City Council meeting on the economic impacts of its
programs and general business climate in the City. The report shall include:
i. A summary of the specific steps taken to perform the tasks in this Agreement.
ii. A summary report of City businesses that received direct assistance from GECC
for business retention or expansion. This report will include the total number of
businesses that contacted GECC or that were contacted by GECC.
iii. A summary of outreach efforts made by GECC to other organizations, businesses
and people to support the work of this Agreement.
e. GECC will foster the growth, development and promotion of homegrown and small
businesses within the City.
f. GECC will provide advice and information to existing businesses that wish to remain or
expand in the City. GECC will coordinate with the City’s staff and appropriate agencies,
other governments, and non-profits to assist business location decisions.
g. GECC will share contact information with the City for any businesses starting, relocating
or leaving the City.
h. GECC will conduct an annual business satisfaction survey and provide a copy of the
results to the City.
i. GECC will continue participating in and partnering with the City’s economic
development partners group facilitated by the City’s Community Development
Department, which includes, but is not limited to: the City, GECC, Small Business
Development Center, the Englewood Downtown Development Authority (“EDDA”),
Arapahoe Community College, Metro Denver Economic Development Corporation,
South Metro Chamber, Denver South Economic Development Partnership,
Manufacturer’s Edge, Arapahoe/Douglas Works!, and Mi Casa Resource Center.
j. GECC will continue to coordinate with the City and EDDA to ensure that as the
community’s newest economic partner, EDDA continues to develop and implement its
mission and that shared objectives of the City, EDDA and GECC are communicated
regularly and at mutual quarterly updates at each organizations’ board of directors’
meetings, and with respect to the City, to the Englewood City Council.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
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2. Responsibilities of the City:
a. The City will waive any City permit fees for all GECC sponsored events, except for any
direct costs to the City, such as overtime charges incurred for police presence or use of
barricades. The waiver of permit fees is not intended to waive any other legal
requirements for events held in the City or on City property. GECC shall at its own
expense secure any and all licenses, permits or certificates that may be required by any
federal, state or local regulation for the performance of the services under this Agreement.
GECC shall also comply with the provisions of all applicable laws in performing the
services under this Agreement.
b. The City will recognize GECC’s contribution to jointly-sponsored events and programs
through promotion and signage. Coordination with the Englewood Parks, Recreation,
Library, and Golf Department and the City’s Communications Department is required.
c. The City will continue efforts to recruit new businesses to the City.
d. The City will develop and provide accurate and timely information to assist businesses
interested in locating, expanding or remaining in the City.
e. The City will provide advice, information and technical assistance to businesses
interested in relocating to the City. The City will coordinate with appropriate agencies,
governments and non-profits to assist in business location decisions.
f. The City will share contact information with GECC for businesses starting, relocating or
leaving the City.
g. The City representative on the GECC Board of Directors will provide a report to the
GECC Board regarding economic development activities undertaken and update GECC
on new or changing business-related programs, initiatives and grants under consideration
by the City. The obligations of this section do not require and will not include any
nonpublic information.
h. The City will continue to facilitate the shared work programs of the economic
development partners group.
i. The City will continue to coordinate with GECC and EDDA to ensure that shared
objectives of the City, EDDA and GECC are communicated regularly at mutual quarterly
updates at each organizations’ board of directors’ meetings, and with respect to the City,
to the Englewood City Council.
3. Terms and Conditions:
a. The City and GECC will work together to develop and provide accurate and timely
information to assist businesses interested in locating, expanding or remaining in the City.
b. The City and GECC will leverage their investments in economic development by cross-
promoting events and programs relevant to business support and growth.
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
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c. The City and GECC will jointly market and promote festivals and events, especially those
promoting economic and business development.
d. This agreement will be effective for three years with possible extensions based on mutual
agreement. The parties understand and acknowledge that each party is subject to Article
X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the
terms and requirements of TABOR by the execution of this Agreement. It is understood
and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt
or obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment obligations of the City are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of the City’s
current fiscal period ending upon the next succeeding December 31. Financial obligations
of the City payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of the City and applicable law. Upon the failure to appropriate
such funds, this Agreement shall be deemed terminated.
e. Upon receipt of an invoice from GECC, the City agrees to pay GECC based on the
schedule below:
Due Date: $10,000 on January 31 annually
$10,000 on July 31annually.
Total fee for services: $20,000 annually
Three-year period: 2022, 2023, and 2024.
f. This Agreement may be terminated by either party with a 30-day written notice, in which
case GECC will provide to the City a final billing for time and materials or other related
expenses within 30 days of the termination date of this Agreement.
g. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of
Workers without Authorization:
i. Employees, Consultants and Sub-consultants: GECC shall not knowingly employ
or contract with a Worker without Authorization to perform work under this
Agreement. GECC shall not contract with a sub-consultant that fails to certify to
GECC that the sub-consultant will not knowingly employ or contract with a
Worker without Authorization to perform work under this Agreement. [CRS 8-
17.5-102(2)(a)(I) & (II).]
ii. Verification: GECC will participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7),
respectively, in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this public contract for
services. GECC is prohibited from using the E-Verify program or the Department
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1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
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program procedures to undertake pre-employment screening of job applicants
while this contract is being performed.
iii. Duty to Terminate a Subcontract: If GECC obtains actual knowledge that a sub-
consultant performing work under this Agreement knowingly employs or
contracts with a Worker without Authorization, GECC shall;
1. notify the sub-consultant and the City within three days that GECC has
actual knowledge that the sub-consultant is employing or contracting with
a Worker without Authorization; and
2. terminate the subcontract with the sub-consultant if, within three days of
receiving notice required pursuant to this paragraph the sub-consultant
does not stop employing or contracting with the Worker without
Authorization; except that GECC shall not terminate the contract with the
sub-consultant if during such three days the sub-consultant provides
information to establish that the sub-consultant has not knowingly
employed or contracted with a Worker without Authorization.
iv. Duty to Comply with State Investigation: GECC shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course
of an investigation by that the Department is undertaking pursuant to C.R.S. 8-
17.5-102 (5)
v. Damages for Breach of Contract: The City may terminate this Agreement for a
breach of contract, in whole or in part, due to GECC’s breach of any section of
this paragraph or provisions required pursuant to CRS 8-17.5-102. GECC shall
be liable for actual and consequential damages to the City in addition to any other
legal or equitable remedy the City may be entitled to for a breach of this
Agreement under this Paragraph g.
1N WITNESS "--"-""'"'"...:-0 , the parties to this Agreement have caused itto be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed in
counterparts, each of which shall be deemed an original , but all of which together shall constitute one
and the same instrument.
CITY OF E GLEWOOD, COWRADO
By: ----------------
Name: ---------------
Title: ----------------
THE GREATER ENGLEWOOD CHAMBER
OF COMME/t /l ,#
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1000 Englewood Par1<way , Englewood , Colorado 80110-2373
(303) 762-2300 www.englewoodgov .org
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