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Home My WebLink About2023 Ordinance No. 008 1 BY AUTHORITY ORDINANCE NO. 08 COUNCIL BILL NO. 05 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF SUSTAINABILITY PROGRAM SERVICES. WHEREAS, in December, 2021, the City of Englewood began the process of developing a sustainability program. Led by a sustainability coordinator, this program oversees the implementation of nine goals and over 50 projects designed to implement sustainability programs and initiatives. The Englewood Sustainability Commission, appointed by Council, provides community member input on programs and initiatives; and WHEREAS, in one year, the City of Englewood implemented a comprehensive sustainability program including project tracking, events, policies and procedures, regional initiatives, and community member and staff engagement; and WHEREAS, the City of Sheridan expressed interest to the City of Englewood in sharing a sustainability program, building on programs and initiatives started in Englewood; and WHEREAS, the City of Englewood’s sustainability plan and program could be scaled to fit the needs of the City of Sheridan; and WHEREAS, the City of Englewood employs a part-time Sustainability Coordinator with the bandwidth and interest in providing similar services to the City of Sheridan; and WHEREAS, sharing sustainability program services would achieve economies of scale for both cities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement entitled Intergovernmental Agreement Between the City of Sheridan and the City of Englewood for The Provision of Sustainability Program Services a copy of which is marked as “Exhibit A” and attached hereto. Section 2. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F 2 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. 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. D. 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. E. 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. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced, read in full, and passed on first reading on the 23rd day of January, 2023. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 26th day of January, 2023. Published as a Bill for an Ordinance on the City’s official website beginning on the 25th day of January, 2023. for thirty (30) days. Read by Title and passed on final reading on the 6th day of February, 2023. Published by Title in the City’s official newspaper as Ordinance No. 08, Series of 2023, on the 9th day of February, 2023. Published by title on the City’s official website beginning on the 8th day of February, 2023 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F 3 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. 08, Series of 2023. Stephanie Carlile DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF SUSTAINABILITY PROGRAM SERVICES THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into by and between the City of Englewood, Colorado a municipal corporation (“the City of Englewood”) and the City of Sheridan, Colorado a municipal corporation (“the City of Sheridan”), effective this ___ day of _____, 2023 (each a “Party” and collectively, the “Parties”). RECITALS WHEREAS, the City of Englewood included sustainability goals in the 2020 version of its strategic plan, followed by the creation of the Englewood Sustainability Commission in late 2021 and the hiring of a Sustainability Coordinator in early 2022. The Sustainability Coordinator is responsible for implementing nine sustainability goals and over 45 sustainability projects in the City of Englewood’s strategic plan; and WHEREAS, in 2022, the City of Sheridan expressed an interest in developing a sustainability program and contacted the City of Englewood regarding sharing the services of the City of Englewood Sustainability Coordinator; and WHEREAS, Colorado Constitution Article XIV and Colorado Revised Statute 29-1-203 authorize governmental agencies to cooperate or contract with one another to provide any lawfully authorized function or service NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the Parties do hereby agree as follows: ARTICLE I DUTIES OF THE CITY OF SHERIDAN 1. Payment- The City of Sheridan agrees to pay the City of Englewood a fixed sum in an amount not to exceed $45,000. The City of Sheridan shall pay $15,000 for each year of this Agreement, based on the following schedule: Year First payment Second payment 2023 $7,500 by January 31, 2023 $7,500 by July 31, 2023 2024 $7,500 by January 31, 2024 $7,500 by July 31, 2024 2025 $7,500 by January 31, 2025 $7,500 by July 31, 2024 2. Set Off- In addition to any other rights the City of Sheridan has under this Agreement to indemnification or recoupment, the City of Englewood agrees that the City of Sheridan is entitled to set off any amounts it may owe the City of Englewood under this Agreement against such claims for indemnity or recoupment. DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F 3. Location and times- The City of Sheridan will determine the location of the work of the City of Englewood Sustainability Coordinator and times that would work for the City of Sheridan. 4. Communication- The City of Sheridan, represented by the City Manager, will communicate with the City of Englewood, represented by the Assistant City Manager, on a monthly basis to discuss any questions or concerns about the services being provided under this Agreement, as well as being available on an as needed basis for any issues that may arise. ARTICLE II DUTIES OF THE CITY OF ENGLEWOOD 1. Sustainability Coordinator Hours- The City of Englewood will provide eight hours per week of direct services provided by the City of Englewood Sustainability Coordinator to the City of Sheridan 2. Sustainability Support Services- The City of Englewood Sustainability Coordinator will at all times remain an employee of the City of Englewood and receive support from the City of Englewood in performing duties for the City of Sheridan, which may include but not limited to: • City Manager’s Office Intern support; • Graduate student support; • Administrative support from the City of Englewood Finance and Information Technology Departments; and • Guidance from the City of Englewood Assistant City Manager. 3. Communication- The City of Englewood, represented by the Assistant City Manager, will meet with the City of Sheridan, represented by the City Manager, to discuss any questions or challenges about the services being provided under this Agreement, as well as being available on an as needed basis for any issues that may arise. 4. Sustainability program management- All services provided by the City of Englewood will provide the City of Sheridan with support for the development of a sustainability program for the City of Sheridan and as requested by the City of Sheridan which includes, but not limited to: • Engagement of City of Sheridan staff members related to sustainability programs; • Engagement of the City of Sheridan community related to sustainability programs; • Development of a City of Sheridan sustainability plan; • Establishment of a City of Sheridan sustainability committee, board, or commission; and • Measuring and monitoring of sustainability projects and measures. ARTICLE III TERMS OF AGREEMENT DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F 1. Timeline- The City of Englewood shall begin providing sustainability services to the City of Sheridan upon direction to proceed from the City of Englewood (represented by the Assistant City Manager) and the City of Sheridan (represented by the City Manager). The initial term of this Agreement is for one year terminating on December 31, 2023 but unless otherwise terminated as provided herein the Agreement shall automatically renew for two more annual terms and the Agreement’s final termination to occur on or before December 31, 2025. 2. No Multi-Year Fiscal Obligation- Nothing in this Agreement shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, the City of Sheridan’s obligations under this Agreement are subject to annual appropriation by the City of Sheridan’s City Council. Any failure of a City Council annually to appropriate adequate monies to finance the City of Sheridan’s obligation under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to the City of Englewood of any failure to appropriate such adequate monies. 3. Termination- Either party may at any time terminate this Agreement by giving the other party thirty days of written notice. Should the City of Sheridan upon notice terminate the Agreement it shall compensate the City of Englewood for all work substantially completed on the day of termination. However, the City Councils of the Cities of Englewood and Sheridan shall have the authority to sooner or immediately terminate this Agreement upon finding that the public interest requires such a termination. ARTICLE IV 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. Section 24-10-101, et seq., as amended, or otherwise available for the parties and their officers, attorneys, or employees 2. There are no intended third-party beneficiaries to this Agreement. 3. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful and unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. IN WITNESS THEREOF, the Parties have executed this Intergovernmental Agreement as of the day and year written above. DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F CITY OF ENGLEWOOD CITY OF SHERIDAN By: _____________________________ By: ______________________________ MAYOR OTHONIEL SIERRA MAYOR TARA BEITER-FLUHR ATTEST ATTEST _________________________________ _________________________________ DocuSign Envelope ID: 1FD4086A-3804-441A-9910-640874F9C46F