Denver Legistar banner



File #: 20-1126    Version: 1
Type: Resolution Status: Adopted
File created: 10/8/2020 In control: Business, Arts, Workforce, Climate & Aviation Services Committee
On agenda: 12/14/2020 Final action: 12/14/2020
Title: A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and The Denver Center for the Performing Arts (DCPA) to provide additional rent relief in connection with DCPA's lease of the Garner Galleria Theatre. Amends an agreement with Denver Center for the Performing Arts (DCPA) by providing additional rent relief until resumption of sustained business activities in the leased premises or December 31, 2021, whichever first occurs, extending the lease, beginning on January 1, 2023 for an amount of time not to exceed the rent abatement period, allowing limited engagement activities during the rent abatement period without automatic resumption of rents contingent on approval of Arts & Venues, extending employee benefit protections and adding terms and conditions necessary to effect the foregoing and comply with City Code (FINAN-201843731-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-4-21. The Committee ap...
Indexes: John Mahoney
Attachments: 1. RR20 1126 AVD DCPA, 2. RR20 1126 AVD DCPA Executive Summary, 3. Garner Galleria Lease Presentation to BIZ_Dec 2, 4. 20-1126 Filed Resolution_Denver Center for Performing Arts (DCPA) 202057120-03, 5. 20-1126 Agreement_Denver Center Performing Arts (DCPA) 202057120-01, 6. 20-1126 Filed Resolution_Denver Center for Performing Arts (DCPA), 7. 20-1126 - signed

Contract Request Template (Contracts; IGAs; Leases)

 

Date Submitted: 10-08-20

 

Requesting Agency: Arts and Venues

                               Division:

 

Subject Matter Expert Name:

Name: Ginger White                                                                     

Email: Ginger.White@denvergov.org                                                                                                                            

 

Item Title & Description:

(Do not delete the following instructions)

These appear on the Council meeting agenda. Initially, the requesting agency will enter a 2-3 sentence description. Upon bill filling, the City Attorney’s Office should enter the title above the description (the title should be in bold font).

 

Both the title and description must be entered between the red “title” and “body” below.  Do not at any time delete the red “title” or “body” markers from this template.

title

A resolution approving a proposed Third Amendatory Agreement between the City and County of Denver and The Denver Center for the Performing Arts (DCPA) to provide additional rent relief in connection with DCPA’s lease of the Garner Galleria Theatre.

Amends an agreement with Denver Center for the Performing Arts (DCPA) by providing additional  rent relief until resumption of sustained business activities in the leased premises or December 31, 2021, whichever first occurs, extending the lease, beginning on January 1, 2023 for an amount of time not to exceed the rent abatement period, allowing limited engagement activities during the rent abatement period without automatic resumption of rents contingent on approval of Arts & Venues, extending employee benefit protections and adding terms and conditions necessary to effect the foregoing and comply with City Code (FINAN-201843731-00). The last regularly scheduled Council meeting within the 30-day review period is on 1-4-21. The Committee approved filing this item at its meeting on 12-2-20.

body

 

Affected Council District(s) or citywide?

 

Contract Control Number: FINAN-201843731-00

 

Vendor/Contractor Name (including any “DBA”): Denver Center for the Performing Arts                     

 

Type and Scope of services to be performed:

       In conformity with rent abatement previously approved by City Council, and in consideration of future adverse business impacts directly due to the COVID 19 pandemic, this amendment seeks to:

 

1.                     Extend the rent abatement period through resumption of sustained business activities in the leased premises or December 31, 2021, whichever first occurs;

2.                     Provide City an option to extend DCPA’s lease, for a period not to exceed the rent abatement period;

3.                     Add new language to provide for limited activity during the rent abatement period;

4.                     Add language to address force majeure and minimum wage obligations; and

5.                     Extend employee benefit protections.

Location (if applicable):

 

WBE/MBE/DBE goals that were applied, if applicable (construction, design, Airport concession contracts):

 

Are WBE/MBE/DBE goals met (if applicable)?

 

Is the contract new/a renewal/extension or amendment?

 

Was this contractor selected by competitive process or sole source?

                     

For New contracts

Term of initial contract:

 

Options for Renewal:

                     How many renewals (i.e. up to 2 renewals)?

                     Term of any renewals (i.e. 1 year each):

 

Cost of initial contract term:

 

Cost of any renewals:

 

Total contract value council is approving if all renewals exercised:

 

For Amendments/Renewals Extensions:

Is this a change to cost/pricing; length of term; terms unrelated to time or price (List all that apply)?

 

If length changing

What was the length of the term of the original contract?

 

What is the length of the extension/renewal?

 

What is the revised total term of the contract?

 

If cost changing

What was the original value of the entire contract prior to this proposed change?

 

What is the value of the proposed change?

 

What is the new/revised total value including change?

 

If terms changing

Describe the change and the reason for it (i.e. compliance with state law, different way of doing business etc.)