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HomeMy WebLinkAbout10biii CB50 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Melissa Englund, Tim Dodd DEPARTMENT: City Manager's Office DATE: October 6, 2025 SUBJECT: CB 50 - IGA for a Green Business Program with the City of Sheridan DESCRIPTION: Intergovernmental Agreement (IGA) for a Green Business Program with the City of Sheridan RECOMMENDATION: Staff recommends that Council approve an ordinance authorizing an intergovernmental agreement (IGA) with the City of Sheridan to continue providing the green business program. PREVIOUS COUNCIL ACTION:  September 2, 2025: Study session on the Sustainable Business Partnership annual review  August 5, 2024: CB-29 Intergovernmental Agreement (IGA) with the City of Littleton for a Shared Green Business Program  May 20, 2024: CB-06 Second Reading of an Ordinance amending an Intergovernmental Agreement (IGA) between the Cities of Englewood and Sheridan for Sustainability Services  January 8, 2024: Budget supplemental approving funds to implement a Green Business Partnership alongside the City of Sheridan  February 6, 2023: CB 05- Approval of an ordinance authorizing an Intergovernmental Agreement with the City of Sheridan for sustainability services  October 17, 2022: Approval of the 2023 Annual Budget, including a full-time Sustainability Coordinator (contingent on receiving 1/5 of the funding for the position from the City of Sheridan) SUMMARY: In 2024, as part of the larger sustainability program, the Cities of Englewood and Sheridan began implementing a green business program to provide technical assistance programs to local businesses. This program connects to the State of Colorado's Green Business Network (CGBN), a voluntary network run by the Colorado Department of Public Health and Environment (CDPHE). In the spring of 2024, using funding from plastic bag fees, the City hired a part-time Green Business Coordinator ("Coordinator") to implement a green program in the City. Later that spring, Council approved an intergovernmental agreement (IGA) to share the Coordinator with the City of Sheridan, as part of an existing IGA for shared sustainability services. The City of Littleton joined the green business program in August of 2024. ANALYSIS: Page 449 of 1257 After a successful pilot year, the City of Sheridan is seeking to continue the partnership with the City of Englewood in the joined Sustainable Business Partnership program. Key differences in the updated IGA before council are:  Extends Sheridan’s participation through the end of 2028.  Clarifies that annual payment increases will not exceed 5% per year (rather than 5% total over the agreement).  Adjusts Sheridan’s payment amount to the City of Englewood.  Adds a clause under Article I addressing adjustments in cost share if a new Coordinator is hired at a higher or lower pay rate. Green Business Program The program is designed to support, encourage, and recognize organizations that focus on operational sustainability. It supports municipalities and other organizations in increasing the efficiency and sustainability of businesses through assessing opportunities for growth, recognizing successes, and providing connections to other businesses across the state. The CGBN focuses on a two-pronged approach:  Technical assistance; and  Recognition of organizations for best practices that lead to resource reduction. In the spring of 2024, utilizing funds from plastic bag program fees, the City launched a recruitment and hired a part-time Green Business Coordinator. Per a component of the Sustainability Services IGA with the City of Sheridan, a portion of their time is currently dedicated to assisting the City of Sheridan in developing a green business program. Responsibilities of the Coordinator include but are not limited to:  Maintenance of green building program standards;  Liaising with the State of Colorado's Green Business Network and ensuring best practices and state programs and initiatives are shared with local stakeholders;  Service as a subject matter expert for local businesses seeking advice and guidance on the establishment and development of sustainability related programs;  Partnering with local businesses on Green Business Network certification;  Liaising with local organizations that support business and economic development efforts including the City of Englewood Community Development Department; Greater Englewood Chamber of Commerce; and Englewood Downtown Development Authority;  Creation of annual reports on the impacts of the green business program; and  Promotion of the green business program. Responsibilities of the City of Sheridan  Payment- Sheridan agrees to pay Englewood a fixed sum of not to exceed $9,765 under the terms of the agreement. If approved by Sheridan, Englewood may request up to 5% annually in subsequent years to pay a portion of possible salary and benefits adjustments approved for Englewood employees.  Location and Time- Sheridan will determine the location of the work of the Englewood Green Business Coordinator, and times that would work best for Sheridan, so long as the requested hours do not negatively impact the ability of the Green Business Coordinator to perform adequate services for Englewood.  Direction- Sheridan shall identify a Sheridan employee to provide direction and oversight to the Green Business Coordinator, while performing duties for Sheridan. The Page 450 of 1257 Englewood Sustainability Program Manager shall serve as the supervisor for the Green Business Coordinator, but Sheridan shall provide direction specific to projects and initiatives performed for Sheridan as identified in Article II, Section 2 of this agreement; and  Sheridan, represented by their City Manager, will communicate with Englewood, represented by the Sustainability Program 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. Responsibilities of the City of Englewood  Green Business Coordinator- Englewood agrees to employ, per City policies and Human Resources structures and benefits, a Green Business Coordinator. Under the agreement, Englewood agrees that 10% of their time, or approximately 4 hours per week, will be dedicated to developing and implementing a green business program for Sheridan.  Program Management- The Englewood Green Business Coordinator will provide support and leadership to Sheridan in establishing and maintaining a green business program for Sheridan, based on the State of Colorado's Green Business program, best practices in the industry, and established goals of Sheridan. Coordinator will at all times perform duties for Sheridan designed to implement and manage a green business program which may include but are not specifically limited to (1) coordinating the implementation, management, tracking, and coordination of green-business related goals established by Sheridan; (2) seeking out technical assistance and grants; (3) keeping up to date on green business best practices and program offerings; (4) presenting, as requested by Sheridan, to groups and boards such as the Sheridan City Council, boards and commissions, and nonprofit and business-related organizations; (5); developing and tracking data towards performance metrics designed to measure the efficiency and effectiveness of the program; (6)establishing and supporting existing mechanisms, through the State of Colorado Green Business Network, to recognize and award organizations for exemplary practices; (7) serving as the point person for businesses located in Sheridan who seek to support organizations in Sheridan by increasing the sustainability of their operations through assessing opportunities for growth, recognizing success, and providing connections to like minded businesses; (8) assisting businesses with receiving technical assistance provided to businesses by the State of Colorado Green Business Network; and (9) partnering with Sheridan’s relevant economic staff, and other departments, to ensure green business program efforts align with other Sheridan’s efforts to engage with local businesses located in Sheridan. ·  Communication- Englewood, represented by the Englewood Sustainability Program Manager, will meet with Sheridan, presented by the Sheridan’s Community Development Director, to discuss any questions or challenges about the services being provided under the terms of this agreement, as well as being available on an as needed bases for any issues that may arise. COUNCIL ACTION REQUESTED: Staff requests that Council consider approval of an ordinance continuing the IGA with the City of Sheridan for purposes of a shared green business program. FINANCIAL IMPLICATIONS: The Sustainable Business Partnership program comes at no cost to the City of Englewood to implement. Due to the Green Business Program Coordinator position’s full salary and benefits Page 451 of 1257 being completely funded through plastic bag bee revenue – as well as cost and time-shared with the Cities of Sheridan and Littleton – no impact is seen to the city’s general fund. Additionally, there is no cost to being a regional partner to the Colorado Green Business Network. Via this IGA with Sheridan, Sheridan will pay the city $9,765 for the green business services annually, which includes their portion of both the total position’s salary and benefits. CONNECTION TO STRATEGIC PLAN: The SBP program connects to the following Strategic Plan priority areas, goals, and projects:  Priority Area: Economy – A city that retains and supports existing businesses while attracting and promoting new business ventures. o Goal Area: Business Climate – ensure a pro-business climate o Goal Area: Develop, implement and maintain programs designed to retain businesses in Englewood  Priority Area: Sustainability – A city that stewards its resources for the benefit of future generations o Goal Area: Water Protection o Goal Area: Built Environment and Infrastructure  Project: Reduce carbon emissions from city-owned residential and commercial buildings o Goal Area: Natural Environment o Goal Area: Waste and Recycling  Project: Implement public education and outreach around waste reduction o Goal Area: Sustainable Business and Green Workforce  Metric: Number of businesses enrolled in the green business program  Project: Host four sustainable business workshops  Project: Improve business interface to include testimonials and make more “user friendly”  Project: Develop resources for businesses with less than ten people on achieving specific sustainability-related goals o Goal Area: Climate Action  Project: Implement climate change mitigation and adaptation strategies and projects, especially in areas with the highest climate change vulnerability risk o Goal Area: Energy  Metric: Percentage reduction in energy use in city-owned, commercial, and residential buildings OUTREACH/COMMUNICATIONS: A key component of the green business program, for all engaged municipalities, is to provide information to and engage with the local business community. Partnering with communications and economic development divisions/departments in each city, the Green Business Coordinator actively meets with local businesses to provide them with information on green business ideas and programs well as technical assistance for state and other grant funding opportunities. The Coordinator is responsible, in conjunction with each city, for developing and tracking data towards metrics to assess the effectiveness and efficiency of green business programs providing support to local businesses. ATTACHMENTS: Page 452 of 1257 2025-9-15 IGA Green Business Page 453 of 1257 1 ORDINANCE COUNCIL BILL NO. 50 NO. __ INTRODUCED BY COUNCIL SERIES OF 2025 MEMBER PRANGE AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND SHERIDAN, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM COORDINATOR. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado and C.R.S. § 29-1-203 authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the City of Englewood and the City of Sheridan desire to collaborate in promoting environmental stewardship and economic vitality through a Green Business Program; and WHEREAS, the Cities previously entered into an Intergovernmental Agreement establishing a shared Green Business Program Coordinator position to administer the program across both jurisdictions; and WHEREAS, Englewood City Council finds that entering into this Agreement serves a public purpose and promotes efficiency in the provision of municipal services. 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 approves the Intergovernmental Agreement between the City of Englewood, Colorado and the City of Sheridan, Colorado for the provision of a shared Green Business Program Coordinator, a copy of which is on file with the City Clerk, in the form substantially the same as that attached hereto. Section 2. General Provisions 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. Page 454 of 1257 2 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 by reference or in full 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. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. 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. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has the authority to correct formatting and/or typographical errors. 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. Page 455 of 1257 3 Introduced and passed on first reading on the 15th day of September, 2025; and on second reading, in identical form to the first reading, on the __ day of ______, 2025. 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 an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Page 456 of 1257 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, COLORADO AND SHERIDAN, COLORADO FOR THE PROVISION OF A SHARED GREEN BUSINESS PROGRAM This Intergovernmental Agreement (“Agreement”) is made and entered into this ____ day of _______________, 2025, (the “Effective Date”) by and between the City of Sheridan, a Colorado home rule municipality of the State of Colorado (“Sheridan”), and the City of Englewood, a home rule municipality of the State of Colorado (“Englewood”) and collectively referred to as the (“the Cities”). RECITALS WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 28-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Cities have a partnership in shared programs through intergovernmental agreements, such as the shared Tri-Cities Homelessness Policy Committee; and WHEREAS, the City of Englewood, developed a sustainability program, which included: the development of a Sustainability Plan; hiring a Sustainability Coordinator; and launched several sustainability-related programs including a Green Business Program; and WHEREAS, the City of Englewood has a history of intergovernmental cooperation regarding the sustainability program with the City of Sheridan, entering into an agreement with the City of Sheridan in 2023; and WHEREAS, the City of Sheridan adopted a Sustainability Plan in 2024 with a goal area around Sustainable Business and the Green Workforce; and WHEREAS, the City of Sheridan has partnered with the City of Englewood since 2024 on this sustainability program and has seen positive impacts to its business community. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties hereby agree as follows: The recitals set forth above are incorporated into this Agreement and shall be deemed to be terms and provisions of this Agreement, to the same extent as if fully set forth in this section. Page 457 of 1257 Article I: Duties of the City of Sheridan 1. Payment – a. Sheridan agrees to pay Englewood a flxed sum for each year of this Agreement, based on the following Schedule of Payments: SCHEDULE Year First Payment Second Payment Cumulative Annual Max. 2025 $9,765 by October 31, 2025 2026 $4,882.50 by January 31, 2026 $4,882.50 by July 31, 2026 $10,253.25 2027 $4,882.50 by January 31, 2027 $4,882.50 by July 31, 2027 $10,765.91 2028 $4,882.50 by January 31, 2028 $4,882.50 by July 31, 2028 $11,304.21 b. Beginning in 2026 the amount paid to Englewood may be increased annually to refiect any increase in salary and beneflts for the Green Business Program Coordinator under Englewood’s classiflcation and compensation system. Any increase in payment shall not exceed 5% per year and shall require the written approval of both Cities. Any increase in payment shall further be subject to annual appropriation by each City Council, consistent with Article III, Section 3. c. Pay rates above are based on the classiflcation and compensation policies of the City of Englewood. Should the pay of the Green Business Program Coordinator change more than flve percent, either higher or lower than this pay schedule, the City of Englewood shall provide the City of Sheridan with data supporting the modiflcation, which the Cities shall mutually agree to in writing. 2. Set Off - In addition to any other rights Englewood has under this Agreement to indemniflcation or recoupment, Englewood agrees that Sheridan is entitled to set off any amounts it may owe Englewood under this Agreement against such claims for indemnity or recoupment. 3. Location and Times – Sheridan will determine the location and times of the work of the Englewood Green Business Coordinator. The Cities agree that the location and times of Sheridan shall not negatively impact the ability of the Green Business Coordinator to perform adequate services for Englewood. 4. Direction – The Englewood Sustainability Program Manager shall serve as the supervisor for the Green Business Coordinator, but Sheridan shall provide direction speciflc to projects and initiatives performed for Sheridan as identifled in Article II, Section 2 of this Agreement. Page 458 of 1257 5. Communication - Sheridan, represented by the City Manager or individual appointed by the City Manager, will communicate with Englewood, represented by the Sustainability Program 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 under this Agreement. Article II: Duties of the City of Englewood 1. Green Business Coordinator – a. Englewood agrees to employ, per Englewood policies and procedures a Green Business Coordinator. b. The Green Business Coordinator shall be provided with employment beneflts through Englewood. c. Under this Agreement, Englewood agrees that 10% of the Coordinator’s time, or approximately 4 hours per week, will be dedicated to developing and implementing a green business program exclusively for Sheridan. The Green Business Coordinator will at all times remain an employee of Englewood, under direct supervision of the Englewood Sustainability Program Manager. 2. Green Business Program Management- The Green Business Coordinator will provide support and leadership to Sheridan in establishing and maintaining a green business program for Sheridan, based on the State of Colorado’s Green Business Program, best practices in the industry, and established goals of Sheridan. The Green Business Coordinator will at all times perform duties for Sheridan designed to implement and manage a green business program which may include but are not speciflcally limited to: a. Coordinating the implementation, management, tracking, and coordination of green business-related goals established by Sheridan; b. Seeking technical assistance and grants from outside entities, such as the State of Colorado, to further enhance the ability of Sheridan to develop and implement a green business program; c. Keeping up-to-date on green business best practices, program offerings from the State of Colorado, and other governmental and non-governmental entities, especially by attending conferences and training opportunities; d. Presenting, as requested by Sheridan, to groups, boards, commissions, committees, chambers of commerce, urban renewal authorities, Sheridan City Council, groups of business leaders, and representatives on topics related to the green business program; Page 459 of 1257 e. As requested by Sheridan, develop and track data towards performance metrics designed to measure the efficiency and effectiveness of the green business program, as well as long-term green business outcomes; f. Through the State of Colorado Green Business Network, establish and support existing mechanisms to recognize and award organizations for exemplary practices that lead to resource reduction; g. Serve as the point person for businesses located in Sheridan who seek to support organizations in Sheridan to increase the sustainability of their operation through assessing opportunities for growth, recognizing success, and providing connections to like-minded businesses; h. Assisting businesses located in Sheridan with receiving technical assistance provided by the State of Colorado Green Business Network; and i. Partnering with relevant Sheridan economic development staff, and other Sheridan departments, to ensure green business program efforts align with other efforts to engage with local businesses located in Sheridan. Article III: Terms of Agreement 1. Timeline – The City of Sheridan began piloting a green business program collaboration with the City of Englewood in 2024. After approximately a year and a half of successful collaboration, the Cities of Sheridan and Englewood wish to formalize this program for future collaboration through December 31, 2028. 2. Term – a. The initial term of this Agreement is from the Effective Date until December 31, 2026. Unless otherwise terminated as provided herein, and subject to annual appropriation of funds by both City Councils, the Agreement shall automatically renew for two (2) successive additional one (1) year terms ending December 31, 2028. b. This Agreement may be extended upon mutual agreement of the Parties in writing. 3. No Multi-Year Fiscal Obligation- All flnancial obligations of the Cities under this Agreement are subject to the annual appropriations of funds by their own governing body. 4. Termination- This Agreement may be terminated by either Party at any time, with or without cause upon a Party providing no less than thirty (30) days of written notice to the other Party. Should Sheridan terminate the Agreement, it shall compensate Englewood for all services provided until the day of termination. The City Councils of the Cities shall have the authority to immediately terminate this Agreement upon flnding that the public interest requires such termination. Page 460 of 1257 Article IV: Notice Any notice, demand, or request required by or relating to this Agreement shall be given by personal delivery, by facsimile, or sent by registered or certifled mail, postage prepaid, to each Party at the addresses set forth herein. CITY OF ENGLEWOOD City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Attn: Tim Dodd Phone: (303)-762-2317 Email: tdodd@englewoodco.gov CITY OF SHERIDAN City of Sheridan 4101 S Federal Blvd Sheridan, CO 80110 Attn: Devin Granbery Phone: (303)-762-2200 Email: dgranbery@ci.sheridan.co.us Article V: Miscellaneous Provisions 1. Governmental Immunity - This Agreement is not intended and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Cities, their employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-10 I, C.R.S., et seq., as may be amended. 2. No Third-Party Beneflciaries - Nothing in this Agreement shall be deemed to create any third-party beneflciary or beneflciaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. 3. Amendments - No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by both Cities. 4. No Assignment. This Agreement may not be assigned by either Party. 5. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, Colorado. Page 461 of 1257 7. Complete Agreement. This Agreement embodies the entire agreement of the Cities. There are no promises, terms, conditions, or obligations other than those contained herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written between the parties. 8. Execution by Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. IN WITNESS THEREOF, the Cities have executed this Intergovernmental Agreement for the purposes of a shared green business program as of the day and year written above. CITY OF ENGLEWOOD By: ______________________________ Mayor Othoniel Sierra ATTEST: By: ______________________________ City Clerk Stephanie Carlisle APPROVED AS TO FORM: __________________________________ Tamara Niles, City Attorney CITY OF SHERIDAN By: ______________________________ Mayor Tara Beiter-Fluhr ATTEST: By: ______________________________ City Clerk Jenna DiRubbo APPROVED AS TO FORM: _________________________________ Betsy L. Stewart, City Attorney Page 462 of 1257