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HomeMy WebLinkAboutresolution.council.050-04RESOLUTION NO. 50 Series Of 2004 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A GRANT AGREEMENT BETWEEN THE CITY oF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATION, RELATING TO THE IMPLEMENTATION OF A DOWNTOWN CATALYST POSITION, APPOINTMENT OF AN EXECUTIVE AND ADVISORY COMMITTEE TO MONITOR AND OVERSEE SAME, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY 'OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Grant Agreement relating to financial assistance in the creation of a "Downtown Catalyst" position, said position-being an employee of the Aspen' Chamber Resort Association. The City shall grant to the Aspen Chamber Resort Association the sum of Fifty Thousand Dollars ($50,000.00) to perform the terms and conditions of this Grant Agreement. City Council is directed to appoint an Executix~e Committee and Advisory Board to provide additional guidance and oversight for the "Downtown Catalyst", as specified in said Grant Agreement, a copy of such document annexed hereto and made a part hereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: .Section One That the City Council of the City of Aspen hereby approves that Grant Agreement as referenced above, and does hereby authorize the City Manager of the City of Aspen to execute the Grant Agreement on behalf of the City of Aspen. Dated: Helen Ka I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ ~" //)/)qr-664 ,2004. / athryn S. Ko~, City/Cl~rk . TLO- saved: 5/21/2004-288-G:\john\word\resos\acra_dc_grant.doc GRANT AGREEMENT CITY OF ASPEN AND ACRA RE: DOWNTOWN CATALYST GRANT RECITALS WHEREAS, the City Council has determined that it is in the best interests of the City of Aspen to financially assist in the creation of a "Downtown Catalyst" position as more fully described in the Job Description appended hereto as Exh'ibit A; and WHEREAS, the Aspen Chamber Resort Association has determined that it is in the best interests of its member and other retail, restaurant, lodging, and other merchants in the City of Aspen to assist in the administration and implementation of the "Downtown Catalyst" position. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: - 1. Intent of the parties. The parties to this Agreement agree' that the following sets forth their intent in entering into this agreement and the principals set forth below shall help guide all future interpretations of this Agreement and the parties continuing relationship with respect to the expenditure of funds of the City of Aspen. a. The City shall grant to ACRA the sum of $50,000.00 to perform the terms and conditions of this Grant Agreement. b. ACRA shall emplo.y or engage an individual or entity to perform the duties and responsibilities of the "Downtown Catalyst" position as described in the Job Description appended hereto as Exhibit A, as may be amended from time to time as herein set forth. The Downtown Catalyst shall be an employee of ACRA. c. The City Council shall appoint an Executive Committee as herein Provided to provide guidance and oversight to the Downtown Catalyst. d. The Executive Committee shall appoint an Advisory Board as herein provided to provide input and guidance to the Executive Committee. e. ACRA shall be solely responsible for planning and implementation of this Grant Agreement and shall include the Downtown Catalyst Executive Committee in such planning. ACRA shall monitor the program and ensure conformance to its budget. 2. Downtown Catalyst Executive Committee. The Downtown Catalyst Executive Committee shal} be composed of the City Manager, a member of the Board of ACRA appointed by the ACRA Board, and a member of the City's Commercial Core and Lodging Commission (CCLC) appointed by the CCLC. The Executive Committee shall supervise the Downtown Catalyst. The Executive Committee shall assist ACRA in the selection of the person to fill the position of Downtown Catalyst. No person or entity shall be employed as the Downtown Catalyst without the unanimous consent of the Executive Committee. No person or entity employed as the Downtown Catalyst shall be terminated by ACRA without first consulting with the Executive Committee. o Downtown Catalyst Advisow Board. a. The Executive Committee shall appoint the members to the Downtown Catalyst Advisory Committee who shall serve at the pleasure of the Executive Committee. The members of the Advisory Committee shall be appointed as follows: i. Two members from the existing membership of the Commercial Core and Lodging Commission. ii. One member from the existing Board of ACRA. iii. The City Manager of the .City of Aspen. iv. The Executive Director of ACRA. v. A representative of the Aspen Skiing Company. vi. One representative each from the retail, the lodging, and the restaurant community. vii. A representative not directly associated with any of the previous organizations or. interests. b. The Advisory Committee shall meet regularly and develop such rules of procedure as they may deem necessary and appropriate. c. The City shall provide whatever administrative assistance that it deems reasonable and necessary to assist the Advisory Committee to perform their functions. 4'. Downtown Catalyst is Employee of ACRA. Notwithstanding anything herein to the contrary, the Downtown Catalyst shall be an employee of ACRA and ACRA shall have final decision making authority with regards to termination. 5. Term. The term of this Grant Agreement shall be from the date first stated herein and shall extend for one full calendar year thereafter. This Grant Agreement shall be renewable by mutual agreement of the parties. 6. Reporting and Budgeting. ACRA shall submit a detailed quarterly financial report to the City. 7. Accounting. The City shall pay to ACRA the Grant Funds in installments of $12,500.00 each on the following dates: May 8, 2004, July 8, 2004, September 8, 2004, and November 8, 2004. ACRA shall be responsible for paying its vendors, suppliers, subcontractors,'staff, and the like. ACRA Shall maintain the .receipts of'this Grant Agreement in a separate and interest-bearing bank account from its general funds. The City may inspect ACRA's records upon reasonable notice. ACRA shall account for and refund any funds not expended for the purposes set forth in this Grant' Agreement. 8. Equal Access. Any and all businesses within the City shall be permitted equal access and opportunity to participate in cooperative efforts initiated by the Downtown Catalyst by the use of the grant funds referenced in this Grant Agreement, whether or not the business is a member of the ACRA. That is, to the maximum extent possible, ACRA shall make a distinction between member service and other existing programs supported by membership dues, and new programs supported by the City by this Grant Agreement, and as to the latter, not discriminate based on membership in the organizations. 9. Termination. Either party may terminate this agreement upon 90 days written notice prior to the end of the term of the agreement, setting forth the reasons for the termination. Either party may terminate the agreement upon 30 days written notice for cause, setting forth the grounds for such cause. The effective termination date shall be 3'0 days after the date of such notice. In' the event of such termination, the City agrees to pay any Grant Funds owed through the effective date of termination on a prorated basis no later than the effective date of the termination. 10. Other Restrictions and Provisions. a. ACRA shall not use any of the grant fund for providing direct reservation services. election. ACRA shall not use fund proceeds to influence the outcome of any 11. Binding Effect. This Agreement shall be binding upon and inure tO the benefit of the parties hereto and their respective heirs, representatives, successors and assigns and to any person into or with which any party hereto may merge, consolidate, or reorganize. 12. Acknowledgments. The parties declare that they have read and understand the terms of this Grant Agreement, that they have had an opportunity to be represented by counsel with regard to the execution of this Agreement, and that they execute this Agreement voluntarily. 'and without being pressured., or influenced· by any statement or representation made by any person acting on behalf of any one else. 12. Indemnification. To the extent permitted by law, the parties agree to indemnify and hold harmless one another, its officers, employees, insurers, from and against all liability, claims and demands on account of injury, loss, or damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or damage is caused in whole or in part, or is claimed to be caused in whole or in part by, the act, omission, error, mistake, negligence, or other fault of the party. If any lawsuit challenges the City's authority to impose the visitor benefits tax, the City shall be primarily responsible for the defense of the suit. 14. No Warranties. Except as expressly set forth in this Grant Agreement, the parties have not made and make no other representations, warranties, statements, promises or agreements to each other. 15. Entire Agreement. The parties agree that this Grant Agreement represents the entire agreement and supersedes all prior agreements between and among them with regard to the subject matter set forth herein, and may not be amended nor may any condition contained herein be waived except by written instrument signed by all parties 16. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney at 130 S. Galena Street, Aspen CO 81611 and to ACRA at Aspen Chamber Resort Association, 425 Rio Grande Place, Aspen CO 81611. 17. Counterpart Signatures. This document may be executed in counterpart original copies, with the original signatures on separate pages to be collated together on one original form of the agreement. 18. Effective Date. above. This agreement shall be effective on the date first set forth Dated: Attest: Clerk CITY OF ASPEN, a municipal corporation By Steve Barwick, City Manager Dated: ~~ ~) ,2OO4. Attest: Secretary ASPEN ~~ CHAMBER RES RT ASSOCIATION By :Hana Pevny, President / CEO JPW- saved! 5/18/2004-1480-G:\john\Word\agr~acra.downtowncatalyst.doc Exhibit A Revised 3/2/04 DRAFT Aspen Downtown Catalyst Job Description per CCLC recommendation_~ Job Title: Aspen Downtown Catalyst Compensation: $65,000 - $75,000 DOQ; contract position Reports To: Aspen Downtown Catalyst Advisory Board OVERVIEW:The AsPen DOWntown 'catalyst will have three general areas of responsibility: COORDINATION RESPONSIBILITIES B.I.D. RESPONSIBILITIES IDEA-CREATI NG RESPONSI BI LITI ES Under Coordination Responsibilities, it is expected that the Catalyst will be responsible for these tasks: ' · Meet with all downtown retailers to identify priorities and represent them/advocate for them and their interests in meetings · WOrk with retailers to recommend to City Staff changes to the signage, lighting and merchandising in open space codes · Work with City staff on physical improvements to the downtown environment, including infrastructure improvements to improve "dwell time" downtown, including progress toward installing new tables and chairs, firepit, and outdoor kitchen · Work with select merchant/restaurant to up-light storefront to make it more inviting as a pilot project · Work with consultant to develop unique and permanent directories/kiosks/maps to increase way-finding in the downtown · Coordinate Store Hours Under the BID Responsibilities, it 'is expected that the Catalyst will be responsible for the following: · BID initiation efforts · Completion of and maintenance of a database of local business space and business information · Estimation of commercial value by businesses and building within the BID · Attend Public meetings to discuss BID formation · Development of a business plan · Attend public hearings for authorization by the City Finally, for Idea-Creatin.q Responsibilities, the Catalyst will be responsible for the following: · Work with retail community to generate ideas to benefit the retail sector of Aspen · Examine the BBC Report looking to generate ideas from the report · Participate in Super-Sized Special Events Group meetings The Aspen Downtown Catalyst will work with the City, ACRA and the Commercial 'Core and Lodqin_q Commission (CCLC) that' is a commission appointed by the Aspen City Council. The Catalyst will also work closely with the Downtown Catalyst Advisory Board, a group comprised of the following people an d representatives: CCLC Stan Clauson (Independent) Andy Modell (ACRA) Steve Barwick (City Manager) ACRA Staff member David Perry (Aspen Skiing Company) ACRA Staff member From this group, there will be an executive committee composed of one or two members of CCLC, ACRA, and the City Manager. This group will be responsible for the hiring and firing of the catalyst, prioritizing responsibilities, and ensuring day-to-day progress is being made. This is a highly visible position, that will be responsible for facilitating public property and infrastructure improvements, including working with other city departments to provide a clean, safe, and vibrant physical environment for business; organizing existing civic groups and businesses in problem-solving; developing an effective communications and education program; and programming special events in concert with ACRA and CCLC and other administrative activities. This position will serve as the primary communicator with the city for downtown businesses. This position requires a high-energy, super-organized "go-getter" with strong interpersonal skills, who can work both independently and as part of a team, and who demonstrates abilities in communications, partnering, team-building, project supervision, and rapport with community members. The Aspen Downtown Catalyst must be entrepreneurial, imaginative, and have the ability to leverage resources and talent to work with groups and individuals. Excellent verbal and written communication skills are essential. This is a one_year contract position which may be renewed at the discretion of I the executive committee. EXPECTED OUTCOMES The successful candidate will'be able to accomplish, as a minimum, the tasks outlined above within one year. QUALIFICATIONS: The successful candidate must possess the following qualifications: · Academic and/or professional backgrounds in one or more of the following areas: historic preservation; planning; economic development; business administration; retail recruitment; real estate, marketing and promotion, including events, non-profit administration and volunteer management. · Experience working with civic groups and businesses. · Effective communication (writing, oral, listening and presentation) skills and an ability to articulate projects and programs to a broad range of audiences. · Strong interpersonal skills. · Negotiating and networking skills. · Must be a team player, entrepreneurial, energetic, imaginative, well- organized and capable of functioning in an independent environment. · Valid state-of Colorado driver's license, or ability to attain. · Basic computer knowledge, primarily Microsoft Office. · Availability to attend periodic evening and weekend functions and meetings. · Self sufficient in an office setting with minimal administrative support. A distinguished candidate should also have the following attributes: · Prior Main Street Program experience a plus. · Bachelor's degree in business, marketing, urban planning, public administration or related field. · Knowledge of and experience working in Aspen. REPORTING Position will report to the Executive Committee of the Downtown Catalyst Advisory Board SALARY AN D BENEFITS $65,000 - $75,000 DOQ. This is a contract position with the City of Aspen with no City benefits.