HomeMy WebLinkAbout2022 Ordinance No. 063
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BY AUTHORITY
ORDINANCE NO. 63 COUNCIL BILL NO. 71
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER WARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
AURORA-SOUTH METRO SMALL BUSINESS DEVELOPMENT
CENTER TO PERFORM SMALL BUSINESS SEMINARS, ONE-ON-ONE
CONSULTING, AND WORKSHOPS IN THE CITY OF ENGLEWOOD.
WHEREAS, in the furtherance of enhancing economic vitality and supporting
entrepreneurs, the City of Englewood desires to contract with Aurora-South Small Business
Development Center (SBDC) to perform a variety of activities that will enhance training
opportunities for entrepreneurs and small business owners; and
WHEREAS, Englewood previously entered into a three-year sponsorship agreement
with the SBDC to provide technical assistance and advanced small business services at the local
level under Ordinance No. 44, Series of 2019, and the SBDC performed under the agreement to
the satisfaction of City staff; and
WHEREAS, the programs and services offered by the SBDC are interconnected with
Englewood’s economic development initiatives and continue to be integral to Englewood’s
economic development program; and
WHEREAS, the SBDC will conduct an annual Small Business Survey of Englewood
businesses (zip codes 80110 and 80113) to assess small business needs in order to meet those
needs through SBDC services or referring to needed resources; and
WHEREAS, the SBDC will provide training, business seminars, one-on-one consulting,
and workshops in Englewood, and/or remotely, as requested; and
WHEREAS, grant recipients for the City’s business initiation grant and business
acceleration grant must participate in the SBDC’s business planning workshops or training to be
eligible for funding assistance; and
WHEREAS, the City will host these events in municipal facilities at no cost to the Aurora-
South Small Business Development Center (SBDC), which is a non-cash contribution; and
WHEREAS, as a sponsor of the SBDC, the City of Englewood will provide an annual
contribution of $20,000 for a three-year sponsorship period to support the program and the SBDC
will provide training, business seminars, one-on-one consulting, conduct an annual survey to assess
small business needs, and offer workshops in Englewood and/or remotely, as requested.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9
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Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement (IGA) between the Aurora-South Metro Small Business Development
Center (SBDC) and the City of Englewood, as attached hereto as Exhibit A.
Section 2. The following general provisions and findings are applicable to the
interpretation and application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability,
either civil or criminal, which shall have been incurred under such provision, and each
provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining
any judgment, decree, or order which can or may be rendered, entered, or made in such
actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained. This Safety Clause is not intended to affect a Citizen right to challenge this
Ordinance through referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the
first publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to
attest to such execution by the Mayor where necessary. In the absence of the Mayor, the
Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The
execution of any documents by said officials shall be conclusive evidence of the approval
by the City of such documents in accordance with the terms thereof and this Ordinance.
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City staff is further authorized to take additional actions as may be necessary to
implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 7th day of November,
2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 10th day of November, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 9th day of November, 2022. for thirty (30) days.
Read by Title and passed on final reading on the 21st day of November, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 63, Series of
2022, on the 24th day of November, 2022.
Published by title on the City’s official website beginning on the 23rd day of
November, 2022 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Othoniel Sierra, 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. 63, Series of 2022.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made this ______ day of __________, 2022, by and between the
Aurora-South Metro Small Business Development Center (SBDC) and the City of
Englewood, Colorado, a municipal corporation.
WHEREAS, in furtherance of enhancing economic vitality and supporting
entrepreneurs, the City of Englewood, Colorado desires to contract with Aurora-South
Small Business Development Center to perform small business consultations, technical
assistance, training, and workshops at Englewood Civic Center and/or remotely, as
requested; and
WHEREAS, the services provided by the Aurora-South Small Business Development
Center are integral to Englewood's economic development program; and
WHEREAS, participants in the grant initiatives offered by the City of Englewood are
required to participate in the workshops, training, or consulting as offered by the Aurora-
South Small Business Development Center; and
WHEREAS, the parties desire to enter into an agreement by describing the
relationship between the Aurora-South Metro Small Business Development Center and
the City of Englewood regarding services that the Aurora-South Metro Small Business
Development Center 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. Aurora-South Metro Small Business Development Center will provide quarterly
events, workshops or seminars based on local priorities (examples include: Small
Business Startup Workshops, Small Business Resource and Lenders Expo, SBA
Lenders Training, Succession Planning, Small Business Saturday support,
industry/sector focused workshops such as the Annual Manufacturing Day event,
Englewood Creates event, or Starting Your Retail Food Establishment workshop).
2. Aurora-South Metro Small Business Development Center will provide free and
confidential, individualized, one-on-one Consulting/Technical Assistance (in-
person at Englewood Civic Center or virtually, based on demand, up to 8 hours
monthly). Consultants/Trainers will inform Englewood citizens of Englewood
access to capital/grant programs.
3. Aurora-South Metro Small Business Development Center will provide E xecutive
Director Leadership in the following ways: Director will attend meetings, sit on
committee/boards for economic development, and attend events and strategy
meetings on an as needed basis.
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4. Monthly “Touch Base” calls/meetings will be held with the Englewood Economic
Development Manager and the SBDC Executive Director for the following
reasons:
a. SBDC Executive Director will update on programs, activities and
confidential client needs;
b. SBDC Executive Director will provide connectivity to the Colorado SBDC
Network office, Office of Economic Development and International Trade,
and other statewide SBDC Centers to keep Englewood appraised of
programs statewide; and
c. Englewood Economic Development Manager will provide SBDC with
grant recipient information monthly and a list of new businesses in
Englewood quarterly.
5. Conduct an annual Small Business Survey of Englewood businesses (zip
codes 80110 and 80113) to assess small business needs to meet those needs
through SBDC services or refer to needed resources. Report findings annually.
6. The Executive Director of the Aurora-South Metro Small Business Development Center
will provide an annual update to the Englewood City Council regarding the goals and
economic impacts of the program in Englewood and findings from the annual survey.
7. Aurora-South Metro Small Business Development Center will provide Marketing and
Promotion, Press Announcements for new sponsorship, Website presence on both
the City of Englewood and Aurora-South Metro Small Business Website (links to each
other's website), a monthly e-newsletter presence with one Featured Story annually,
and Social Media Presence (stories, social media posts and events information).
8. Economic Development Manager and the Executive Director will sit on the
Arapahoe County Small Business Task Force and collaborate on issues that arise
on the calls.
9. The Aurora-South Metro SBDC will coordinate with the Englewood Chamber of
Commerce and the Englewood Downtown Development Authority to establish and
integrate marketing efforts and activities, where appropriate.
10. The City of Englewood will have a Summit Level Sponsorship, which is appropriate
for corporate, governmental (city and county level), educational and financial
institutions at an investment of $20,000 annually. Reassessment of sponsorship
amount will be discussed June 1 annually to determine if increased funding is
needed. Any agreed upon changes will be presented in writing and subject to
annual budget appropriations.
11. The City of Englewood agrees to a three (3) year commitment for the years 2023,
2024 and 2025 to sponsor the services provided to the City from the Aurora-South
Metro SBDC. A three (3) year commitment is required as SBA budgets and capacity
building plans cover this time frame.
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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.
12. Upon receipt of an invoice from the Aurora-South Metro Small Business Development
Center, the City of Englewood agrees to pay their sponsorship funding based on the
schedule below.
Due Date: $20,000 on January 15th annually
Total Annual Sponsorship Level: $20,000
Three-year sponsorship period: 2023, 2024 and 2025.
13. Termination. This Agreement may be terminated by either party with a 30-day written
notice, in which case the Aurora-South Metro Small Business Development Center 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.
DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9
IN WITNESS WHEREOF, the Aurora-South Metro Small Business Development Center
and the City of Englewood, Colorado have executed this Agreement as of the day, month and
year first above written.
CITY OF ENGLEWOOD
Othoniel Sierra, Mayor
ATTEST: By
Stephanie Carlile, City Clerk
AURORA-SOUTH METRO SMALL
BUSINESS DEVELOPMENT CENTER
y
Marcia McGilley
SBDC Executive Director
ATTEST:
By
Frankie Anderson
DocuSign Envelope ID: B4D28739-75CE-4DE1-BA43-AE96DEA0C2F9