HomeMy WebLinkAbout2006 Ordinance No. 044•
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ORDINANCE NO. !I!/_
SERIES OF 2006
BY AUTHORITY
CONTRACT NO /f;I-J."a,/,
' 9 b I
COUNCIL BILL NO . 46
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRAHT FROM TH E
STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR
MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE.
WHEREAS, in I 900 :he Ci 1y of Engl ewood applied 10 lhc Colorado Dcpartmenl of
Local Affairs and wa , ..rued , En1erprise Zone siatus for a majority of ,he industrially
and commercially zoned property in the City of Englewood ; and
WHEREAS , 1he Stale Economi c Devel opmenl Commission has a competilive 1,'l'ant
program for markeling and administrative support of Enterprise Zones; and
WHEREAS , Ibis is lhe eleventh year in which the City of Englewood has app lied for
and received such fundin g: an d
WHEREAS , the Enlerprise Zone is used in the City to iniliate business reten1ion ,
rcvitaliz.ati on and growth strategies; and
WHEREAS , by encouraging bu sin ess es to lake advantage of Enterprise Zone lax
credils, an opportunity is created for businesses 10 strengthen operations lhrough
reinvestment of these dollars back in 1heir business; and
WHEREAS , the Colorad o State Economic Developmenl Commission requires that
the City provide m•tching fund s to meel Grant requirement s; and
WHEREAS , the Grant and related Agreement between the State of Colorado
Economic Developmen1 Commission and 1he Ci ty of Englewood pledge s $12 ,500 .00 in
local matching funds to meel thi s obligation; and
WHEREAS , this Grant and the matc hing funds will be used for a variety of Enlerprise
Zone marketing and administrative activities in lhe Cily of Englewood ;
NOW , THEREFORE , BE IT ORDAINED IJY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS :
~ The Agreement between the Slate of Colo rado, Economic Development
Commission , and the City of Englewood for a Grant of S 12,500 .00 to be used for
Enterprise Zone Marketing and Administrative a · · ·'''es, a copy of which is auached
hereto as Exhibit I, is hereby accepted .
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~ The Mayor and City Clerk arc authorized to sign and attest said
Agreemr.11 for and on behalfof the City of Englewood .
Introduced, read in full , and pa.<Sed on first reading on the 6"' day of November, 2006.
Published as a Bill for an Ordinance on the 10th day of November, ]006.
Read by title and passed on final reading on the 20th day of November, 2006 .
Published by title as Ordinance No .~ Series of 2006, on the 24th day of
November, 2006 .
I, Loucrishia A. Ellis , City Clerk of the City of Engl•wood, Colorado, hereby certify
th at the above and foregoing is a tru~ 'iYJ Y of the Ordinauce pas on finr l reading and
publi shed by title as Ordinance No . T:µ Series of 2006.
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EDC #ffl DPNtT .. NT OR AOINC Y N~
EDA
CONTRACT AOVT IMQ NUMIER
CONTRACT
THIS Contract , made th is __ day of ____ , ..1!!2.L, by and between the Stale of Colorado
for the use and benefit of the Colorado Office of Economic Development, Economic Development
Comm ission ("E .D.C."), 1625 Broadway#1710 , Denver , Colorado 80202 , here lnafierreferred to as the State ,
and City of Englewood 1000 Englewood Parkway, Englewood CO 60110, he reinafter referred to as the
Contractor .
WHEREAS, authority exists In the Law and Funds have been budgeted, appro~riated and otherwise
made available and a suffic ient unencumbered balance thereof remains available for payment In Fund No .
1fil!... Approp . Code---~ Org . Unit ___ , Contract Encumb . No . E7EDC699 : an•J
WH l:REAS, required approval , clearanca and coordination has baen accomp lished from and with
appropriate agenc ies ; and
WHEREAS, the State des ires lo promote economic development in Colorado by ass isting local
communities In expand ing their econom ic base ; and
WHEREAS, pursuanllo24-4 6-101 to 105, C.R.S . 1987 , the Colorado Economic Development Fund is
created, and Is to be adm inistered by the Col orado Office of Econom ic Development In the Office of the
Governor; and
WHEREAS , applicati ons for distribution s from the Colorado Econom ic Development Fund have been
received by the Economic Development Commiss ion ; and
WHEREAS , the Econom ic Development Comm iss ion has reviewed and recommended to the
Governor that the project described In this contract be financed with a grant ; and
WHEREAS, the Governor has reviewed the proposed expenditure of money from the Econom ic
Development Fund to finance the project described In th is contract; and
WHEREAS , Iha Contractor Is an eligible recipient of Colorsdo Economic Developme;1t funds ;
NOW THEREFORE It Is hereby agreed that:
1. Scope of Services . In consideration for the monies to be received from the State, the r;ontractor shall do,
perform , and carry out, In a satisfactory and proper manner, as det81111lned by the Statu, all work elements
as Indicated In the "Scope or Services", set forth In the Attached Exhibit A, hereinafter referred to as the
"Project". Work performed prior to the execution of this Contract shall not be co nsidered part of th is
Project.
2. ,fulsponslble Adm inistrator. The performenc ~ of the services required hereunder shall be under the direct
supervision of the employee or agent of Cor.lractor Identified In the attached Exhibit A., who Is hereby
designated as the admin istrator-In-charge of this Project . At any time the administrator-In-charge Is not
assigned to this Project , all work shall ba suspended until the Contractor a11lgn1 a mutually acceptable
replacement administrator-In-charge end the State receives notification of such replacdment assignment.
3. Time of Performance . This Contract shall become effective upon proper execution of this Contract . The
Project contemplated herein shell commence as soon as practicable ~tter the execution of th is Contract
and shall be undertaken and performed In the sequence set forth In the "Time of Performance" In the
attached Exhibit A. No Economic Development Commission Funds provided under this contract will be
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expended prior to the full execution of this contract. The Contractor agrees that time is of the essence in
the performance of Its obligaltons under this Contract, and that completion of the Project shall occur no
later than the termination date set forth In the "Time of Performance."
4. Compensation and Method of Payment . The State agrees to pay to the Contractor, In consideration for
the work and services to be performed , a total amount not to exceed TWELVE THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($12 5001. The method and time of payment shall be made in
accordance with Iha "Payment Schedule" set forth In Exhibit A.
5. Accounting , At all times from the effective date of this Contract until completion of this Project, the
Contra ctor shall maintain property segregated books of Slate funds, match ing funds , and other funds
associated with th is Project. Alt receipts and expenditures associated with said Project shalt be
do cumented In a detailed and specific manner, and shalt accord with the "Budget" set forth In Exhibit A.
Contractor may adj ust budgeted expenditure amounts up to ten percent (10%) within sa id Budget without
approval of lhe State . Adjustments of budget expenditure amounts In excess often percent (10%) must
be author ized by the State In an amendment to this Contract properly executed and approved pursuant 10
the Slate Fiscal Rules . In no event shall the State's total consideration exceed the amount shown in Para-
graph 4 above .
a. Unless otherwise provided In th is Contract, If Exhibit A provides for more than one payment by the
State, the initial payment set forth in Iha Payment Schedule shall be made as soon as practicable
after proper ex ecution of this Contract. The Contractor shall Initiate all subsequent payment requests
by submltiing documented proof of proper expenditure of State funds thus far rece ivo d to a contract
mon it or des ignated by the State .
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b. The Contractor shall request the final payment, which Is the amount withheld by the Slate until the
Project is complete , for the Project by submitting to the contract monitor a detailed cost accounting of •
all State funds received and expended towa rds completion of the Project. Upon determining to its
satisfaction that alt funds received by the Contractor have been properly spent towards
accomplishment of the Project, the State shall promptly make final payment to th e Contractor .
c. Within ninety (90) days of completion of the Project , the Cont ractor shalt subm it to the contract
monitor a detailed cost accounting of expenditures of the final payment received from the State . Any
State funds not expended In connect ion with the Project shall be remlited to the State at that time.
6. Audit. The State or its authorized representative shall have the right to inspect, examine , and aud it
Contractor's records , books and accounts, Including the right to hire an Independent Certified Public
Accountant of the State's choosing and at the State's expense to do so . Such discretionary audit may be
ca lled for at any time and for any reason from the effective date of this Contract until five (5) years after
the dale final payment for th is Project Is received by the Contractor, provided that the audit is performed at
a time convenient to the Contractor and during regular bus iness hours . Whether or not the State calls for
a discretionary audit as provided for in th is paragraph, If the Project is accomplished within a single fiscal
year of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other
reports required, submit a report and aud itor's statement of the Project account to the Economic
Development Commission . Such report shall be prepared in conjunction with Contracto(s regular yearly
audit, and must be submilted within six (6) mon th s after the close of the then current Contractor 's fiscal
ye ar.
7. E\;r.!O!l!!lll, The Contractor represents that he has, or will secure at his own expense, unless otherwise
statml In Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work and
serv ices required to be performed by U10 Con~actor under this Contract. All of the services required
hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the •
work shall be fully qualified and shall lie authorized under Stele and local law to perform such services .
8. Termination of Contract for Convenience of Either Pruh'., Either the State or the Contractor may terminate
th is Contract at any time the party determines that the purpose of the Contract would no longer be served
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by completion of th e Project. The party desiring lo terminate the Contract shall ,1ffect such termination by
giving written notice of termination to the other party and specifyin~ the effective date thereof, al least
thirty (30) days prior lherelo . In lhal event, all finished or unfinlshs1 e.ocuments and other materials shall ,
al the option of the State, become Its property . Contractor shall repay funds advanced and not expended
in accordance with the terms of this contract. Contractor shall not be re lieved of any obligations to repay
funds advanced as a loan, notwithstand ing any term ination of the contract for convenience .
9. Terminat ion of Contract for Cause: Repayment of Advanced Funds
a. If, through any cause , the Contractor shall fall to fulfill In a timely and proper manner Its ob :igalions
under th is Contract, or If the Contr actor shall violate any of the covenants , agreements , or
stipulations of this Contract, the St ate shell thereupon have the right to terminate this Contract for
cause by giving wrillen notice to Iha Contractor of such termination and specifying Iha effective
date thereof, at least five (5) days before Iha effective date of such termination . In that event, all
finished or unfinished documents , dela, studies, surveys , drawings , maps , models , photographs ,
media contracts and reports or other material prepared by the Contractor under th is Contract
shall, al the option of the Slate, become 11s property; and the Conlraclor shall be enlilled lo
receive jus t and equitable compensation for any satisfactory work completed on such documents
and other materials.
b. Notwllhslanding Iha above, the Contractor shall not be relieved of lia bltlly to Iha Stale for any
damages susta ined by the State by virtue of any breach of the Contract by the Contractor, and the
St ate may withhold any payment lo the Conlraclor for the purpose of seloff unlll such time as the
exact amoun t of damages due to the St ate from the Contractor Is determined .
c. If funds have been advanced lo the Contractor, Contractor shall repay such funds to the extent
they are not expended In accorda nce with the terms of th is contract at the lime of term ination .
10 . Changes . The Stale may, from lime lo time, require changes In the scope or servi ces of the Contract to
be performed hereu nd er . Ho weve r, this Con tract Is Intended as the complete integration of all
understandings between the parties al th is lime, and no prior or contemporaneous addition, deletion, or
other amendment hereto, Including any increase or decrease In the amount of mon ies to be paid lo the
Contractor , shall have any force or effect whatsoever unless embodied In a written contract amendment
Inco rporating such changes executed and approved pursuant lo the Slate's Fiscal Rules . Notwithstanding
th is provision , changes in the lime of performance may be agreed to by letter If so prov ided for in Exhibit
A, and contractor may make adjustments of less than 10 percent in budget li no items as provided for in
the "Accounting• section of this Contract.
11 . Conflict of Interest.
a. No employee of the Contractor shall perform or provide part-time services for compensation,
monetary or otherwise, to a consultant or consultant firm that has been reta ined by the Contractor
under the authority of th is Contract.
b. The Contractor agrees .. :al no person al any time exercising any function or respons ibility, In
connection with the elements of this project that are financed wilh Slate fund s, on behalf of the
Contractor shall have or acquire any personal financial or economic interes t, direct or indirect , which
will be materially affected by this Contract, except to the extent that he may receive compensation for
his performance pursuant to this Contract.
c. A personal financla: or economic Interest Inclu des , but Is nol tlmlled lo:
I. any business entity In which the person has a direct or In direct monetary Interest;
II . any real property In wh ich Iha person has a dire ct or In direct monetary Interest;
Ill. any source of Income , loans, or gifts received by or promised lo the person within twelve (12)
months prior to the execution dale of this Contract;
Iv . any bus iness entity In which the person Is a director, officer, general or llm lled partner, trustee ,
employee, or holds any position of management.
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(a) For purposes of !his subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law ,
mother-in-law, brrAh ar-in-law, sister-in-law, son-in-law , or daughter-In -law of the person by an
agent on his/her Jehalf, by a general , limited , or silent partner of the person, by any business
enlily controlled by said person, or by a trust in wh ich he/she has subslanllal interest. A
busi ne ss en lily Is controlled by a person If Iha! person , his/her agent, or a relative as defined
above possesses more than filly percent (50%) of !he ownership interest. Sa id person has a
subslar.tial economic Interest in a trust when the person or an above-defined relative has a
present or future interest worth more than One Thousand Dollars ($1,000.00).
d. In !he even! a conflict of lnleresl, as described In !his Paragraph 11, cannot be avoided wilho•JI
frustrating !he purposes of !his Contract, !he person Involved in such a conflict of Interest shall submit
lo !he Contractor and !he Stale a full disclosure slalemenl selling forth !he details of such conflict of
interest. In cases of extreme and unacceptable conOicls of inleresl , as determined by !he Stale, !he
Stale reserves !he right lo terminate !he Contract for cause, as provided In Paragraph 9 above.
Failure lo file a disclosure slalemenl required by this Paragraph 11 shall conslilule grounds for
termina tion of !his Contract for cause by the Slate .
12. Subcontracts . Coples of any and all subcontracts entered Into by the Contractor lo accomplish !his
Project will be submllled lo !he Econom ic Development Commission upon request by !he Slate . Any and
all contracts entered into by the Contractor shall comply with all applicable federal and Colorado stale laws
and shall be governed by !he laws of !he Stale of Colorado notwithstanding prov isions !herein lo !he
contrary,
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13 . Severabilily. To the extent Iha! !his Contract may be executed and performance of the obligat ions of the
parties may be accomplished within the intent of the Contract , !he terms of this Contract are severable,
and should any term or provision hereof be declared Invalid or become Inoperative for any reason, such •
invalidity or fa ilure shall not affect !he validity of any other term or provision hereof. The waiver of any
breach or a term hereof shall not be construed as waiver or any other term .
14. Binding on Successors . Except as herein otherwise provided, !his agreement shall inure lo the benefit or
and be binding upon !he parties , or any subcontractors hereto , and their respective successors and
assigns.
15. Assignment. Neither party, nor any subcontractors hereto, may assign Its rights or duties under this
Contract without the prior wrillen consent of !he other party .
16 . Limltallon lo Particular Funds . The parties hereto expressly recognize that !he Contractor is lo be paid,
reimbursed, or otherwise compensated with funds provided lo !he Slate for !he purpose of contracting for
!he services provided for here in, and therefore, the Contractor expressly understands and agrees that all
its rights, demands and claims lo compensation arising under this Contract are contingent upon receipt of
such funds by the Stale . In the even! !hat such funds or any part !hereof are not received by the Stale, !he
Slate may Immediately terminate this Contract.
17 . Minority Business Enterprise Participation . It is the policy of the Slate of Colorado !hat minority business
enterprises shall heve the maximum practicable opportun ity lo participate in the performance of its
construction grant contracts . The Contractor agrees to use Its bes! efforts lo carry out this policy to the
fullest extent practicable and consistent with !he efficient performance of !his Contract. As used in !his
Contract , the term "mlnorlly business enterprise• means a business , al least 5D percent (50%) of which Is
owned by minority group members or, in the case of publicly owned businesses , at least 51 percent (51 %)
of the stock of which Is owned by minority group members. For the purposes of !his definition, minority
group members are Negroes or Black An1ericans, Spanish-speaking Americans, Asian Americans,
American Indians , American Eskimos and American Aleuts . The Contractor may rely on wrlllen
representations by bidders, contractors , and subcontractors regarding their status as minority enterprises •
and need not conduct an Independent Investigation.
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16 . To!§!. The state ogency, as purchaser, ls exempt from all federal excise taxes under Chapter 32 of the
Internal Revenue Code [No . 84-730123K) and from all state and local govarnmenl use ta xes [C.R.S . 39-
26-114(a) and 203, as amended). Vendor is hereby notified that when malerlals are purchased for the
benefit of the State, such exemptions apply except that In certain political subdivisions (for example -City
of Denver) the vendor may be required to pay sales or use laxes even thought the ultimate product or
service Is provided to the State . These sales or use taxes will not be reimbursed by the state .
19 . Intellectual Property .
a. Contractor will Indemnify Stale for its reasonably Incurred legal expenses and will defend or settle, at
Contractor's option and expense, any legal proceeding brought against State, to the extent that It Is
based on a claim that products infringe a trade secret, trademark , mask work , copyright, or patent.
Contractor will pay all such expenses, together with damages and costs awarded by the court wh ich
finally determines the case, or are incurred in the settlement thereof, if State : (I) gives written notice
of the claim promptly to Contractor; (ii) gives Contractor control of the defense and settlement of the
claim; (iii) provides lo Contractor, at Contractors expense, all available Information and assistance;
and {Iv) has not compromised or settled such claim.
b. If products are found to Infringe, Contractor will : (i) obtain for Stale the right lo use such products ; (ii)
replace the products with non-infringing products or modify the producls so that they become non-
Infringing; or, If neither of these Alternatives is reasonably available, (iii) remove the Infringing
products and refund the price paid therefore .
c. Contractor has no obligation under this Paragraph 19 for any claim which results from: (i) use of
products in comblnalion with any non-Conlraclor provided equipment, software or data ; (ii)
Contractor's compliance with designs or specification of State; (ii i) modification of products other than
at Contractor's direction ; or (iv) use of an allegedly infringing version of products, if the alleged
infringement could be avoided by the use of a different version made available lo State .
20 . Order of Precedence . In the event of conflicts or inconsistencies between this contract and its exhibits or
altachmenls, such confllcls or inconsistencies shall be resolved by reference lo the documents in the
following order of priority : 1) Colorado Special Provisions , pages 6 to 7; 2) Contract, pages 1 lo 5; 3)
Exhibit A; 4) Any attachments to Exhib it A .
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SPECIAL PROVISIONS
Cfor use with Jnter-Goverornental contracts> • CONTROllER'S APPROVAL. CRS 24 •30-202 (1)
This contract shill not be deemed v11id untl1 II has been approved by the Controller or the State of Colorado or such 11slst1nt H he may de1lgn11e .
2. FUl'!OAVAILABILITY. CRS24•30·2'02(5.51
Flnanc111 obllgations of the State of Colon1do p1y1ble after the current flsc,I year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made 1v1ll1ble.
3. INDEMNIFICATION .
To the extent authorlz:ed l>y l1w, the Conttactor shall Ind emnify, H'lt, and hold htrmless the State, Its employees and 1gents, against any and all
claims, damages, ll1blllty 1nd court 1w1rds indudlng costs, expenses, ind attorney fees Incu rred H I result of any 1ct or omission by the Contractor,
or Its employees, agents, subcontractors, or ass ignees pursuant to the terms of this contract,
No term or cond ition of this contract shall be construed or Interpreted 1s I w1lver, upreu or lmplled, of 1ny of the lmmunlUu, rightJ, benenu,
protection, or or.her provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24 •10 · 101 et seq , or the Federal Tort Oalms Act, 28
u.s .c . 2671 et seq . 11 eppUcable, as now or herealter amended.
4. 1NDEPENOENTCONTRACTOR. 4 CCR 801•2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR ANO NOT AS AN E,_,PLOYEF NEITHER THE
CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALl BE OR SHALL BE DEEMED TO Bf AN AGENT OR EMPLOYEE Of THE STATE ,
CONTRACTOR SHAU PAY WHEN DUE All REQUIRED EMPLOYMENT TAXES AN'J INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY TI-IE
STATE PURSUANT TO THIS CONTRACT, CONTRACTOR ACKNOWLEDGES TH4T THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTlnfO TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUOi COVERAGE ANO THAT THE STATE DOES NOT
PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL H..:.VE NO AUTI-tORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE
TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTN HEREIN. CONTRACTOR SHALL PROVIDE ANO KEEP IN
FORCE WORKERS' COMPENSATION (ANO PROVIDE PROOF Of SUCH INSURANCE WHEN REQUEST£0 BY TI-IE STATE) ANO UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, ANO SHAU BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS
EMPLOYEES ANO AGENTS .
5. NON •OISCRIM INATION .
The contr1ctor agrees to comply wllh the letter and the splrll of all applicable state and federal laws ~spectlng discrimination and unfair employment
practices .
e. CHOICE Of LAW . • The laws of the Stitt or Color1do and rules ind regul1tlon1 Issued pursu1nt thereto shall be 1pplled In the Interpretation, CKKU!lon, and enforcement
or this contract. Any provision of this contuct, whethl!r or not Incorporated herein by rererence, wh ich provldH for 1rbltr1tlon by 1ny utr1•Judidal
body or person or which 11 otherwise In conmct with H id l1ws, rules, and regulations shill be! considered null and void. Nothing cont1lned In 1ny
provision lncorpor1ted herein by reference: wh ich purports to neglle: this or any other sped1I proviskln In whole or In part sh1U be valid or enforceable
or ,nall1ble: In 1ny 1ctlon It l1w whether by w1y of compl1lnt, defenH, or othe:rwlH:, Any provision rendered null and void by the oper1tlon of this
provl1lon w\11 not tnvaUdate the rem1lnder or this contract to the utent th1t the contr1ct Is cap1ble: or uecutlon.
At 111 tlme.s during lhe performance: of lhls contract, the Con1r1ctor shall strictly adhere to ell 1pplic1ble fede:r1t end State l1ws, rules, 1nd regul1Uons
thlt hevebeen orm1yhereafterbt!est1bll1h1d.
7. SOFTWARE PIRACY PROHIBITION Gofflnor'1 Edmive Qrde, 0 002 00
No State or other publlc funds 1>1y1ble under this Contr1ct shall be uJtd for 1he: acquisition, opet1t10n, or m1lnte:nance of computer 10rtw1re In
vloleUon of United Stites copyright lawt or 1ppllc1bte Hce:nsJng restrictions. The Contr1ctor hereby cert1nes th1t, for the term of !his Contr1ct 1nd eny
ext ens ions, the Contractor has ln pl1ce 1ppn,prl1te systems 1nd con1rol1 to prevent such improper use of public funds. If the State: determines that
1he Contractor Is In vlot1Uon of this P1t1gr1ph, the Stile m1y uerdse any remedy 1vall1ble 11 l1w or equity or und•r 1h11 Contract. lndudlng, without
llmltatlon, Im mediate termination of the Contract ind a,ny remedy cons111e:nt with Un ited Stales copyright laws or applluble tlcen11ng restrictions.
I . EMP\.OYEE FINANCW. INTEREST CRS 24-11-201 and CRS 24-50-507
The signatories aver that to their knowledge, no employee of the Stile of Colorado has any personal or beneficial Interest whatsoever In the 1ervke or
property de1eribed herein.
9. ILLEGAL.ALIENS -PUBLIC CONTRACTS FOR SERVICES. CRS8•17.~101 and24-70.5·101
The: Contr1ctor certifies thll the Contractor sh ell comply with the provisions of CR.S 8·17.5·101 et seq . The Contr1ctor shall not knowingly employ or
contract with 1n Illegal alien to perform work under this contract or enter Into I a,ntract with 1 1ubcontr1ctor that fills to certify to the Contractor that
the subcontrlClor lh1H not knowingly employ or contract with an me;al 1llen to perform work under this contr1ct. The Contr1ctor represents,
w1rr1nts, and 1grn1 that It (I) hH verined thll It does not em ploy any Illegal 11lens, through 1>1rtldp1tlon In the Blsic PIiot Emplrymenl V11r1nc1Uon
Program admlnlstered by the Soclal SIC\lftty Administration and Department of Homel1nd Security, 1n<1 (II) otherwlH wm comply with the
requlrefflfflts of CR.S 8·17.5•102(2)(b). The Contractor shall comply with 111 rusonable reqlMSts .nadc In the course of 1n lnwst191t10n und•r CRS 8·
17.5·1 02 by the Colorado Department or llbor and Emplovment. U th1 Contractor 1111110 comply with 1ny rwqulrtment of !his provl5'on or CRS 8 ·
17.5·101 111 seq., the Stitt may tennln1t1t thl1 contrlct ror breech and the Contractor 1h1H be U1ble tor 1ctu1I ind consequent11I d1m1gn to the
s1,1,.
A Contractor that optrllH II I IOle proprlelOr h1tre:by swears or lfflnnS Ufl:litr ptnllty of perjury th1: th• Contractor (I) ts a dtlzen of thlt United Sh-
or othcrwl1e l1wtully prHent In lh1t United S111n purs:u1nt to tflteral law, (II) shin compty with the provlllons of CA.S 24 ·76,5·101 et Hq, and
lhlll pf'Oducc one of the forms of ktlntlflcltlon requlrltd by CR!. 24·76,5-103 prior to tht efftctlve date of this Contract. Except where •••mPle:d
federal In and e-cept II p,ovtdtd In CRS 24 •76.S·IOl(l), a Contractor that re:ah-H ltderal or 11111 fund• under thl1 contract must confirm that an
lndlvldu1I n11ur1I perM!n etghlten years of 1g1 or older IS lawfully present In the United SlltH purw1nt to CRS 24•76.5•103(4) It such lndMdu1I
applies ror pubtk benenu provided under this contract,
Effe:<Uve Dlle of Special Provisions: August 7, 2006
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SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
City of Englewood
Le;al Na me of Contractlng En tity
Signature of Authonzed OHicer
Print Name & Ti de of Authorized Officer
CORPORATIONS :
(A corporate attesta tion Is requi red.)
STATE OF COLORADO :
BILL OWENS
GOVERNOR
By_......,=-=-=-===,--------Drreclor , Brran Vogl
Office of Economic Development
PRE -APPROVED FORM CONTRACT REVIEWER :
By _ _,E_.v-a""nTM"e.,,tc""a~lf _________ _
• Attest (Seal) By __________ _
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(Corporate Secretary°' Equ lva lenl, Of Town/City/Cou nty Cle rk) (Place corpofale seal here, If availa ble .)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract la not valid until
the State Controller, or such assistant as he may delegate, has signed It. The contractor Is not authorized to
begin performance until tho contract I• slgnerl and dated below. II performance begins prlor to the date
below, tho State of Colorado may not be obligated to pay for the goods and/or services provided,
ST ATE CONTROLLER :
Leslie M. Shenefelt
By ___ ~---------Betty Keena
Date ____________ _
Effective Date: Au gust I , 2005
Page _7_ of _7_ pages
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SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC# 699
EXHIBIT A
Colorado Econom ic Developmenl Commission
SCOPE OF SERVICES
1. Project Description and Requirements
The Project consists of providing the Contractor with matchin g funds for the promotion of
eco nom ic development in the Arapahoe County En terprise Zone area. These fund s shall be
used for the purposes of promotional activities that will market anrj advertise the advantages
of locating a bus iness in the contractor's enterpris e zone area, create a positive identi ty for the
enterprise zone area , encourage reten tion and expansion of existing businesses, promote
rede ve lopment , expand the region's tourism Industry, attract new businesses, and generally
enhance lhe econom ic growth of the enterprise zone area. Such activi ties shall include the
preparation , productio n, and/or distribut io n of market research , pr inted materials , direct mail
campaigns , print media advertis ing, trade show promotions , spec ial even ts , dire ct business
prosp ec t visitation, and other closely related activities . No more than 25 percent of these
funds may be used to pay for contraclor's adm inistra tive or staff costs.
Contractor may allocate funds to one or more subcontra ctors in vo lve d in promotion an d
economic development activities in the enterprise zone . Contractor shall be respons ible for
ensuring and docu menting the expenditure of the required local matc11i ng funds by Contractor
or by its subcontractors .
The contribution from the Econom ic Development Fund under th is Contract shall not exceed
the amount of local match ing funds expended on th is projec t or TWELVE THOUSAND FIVE
HUNDRED dollars ($12 500). whichever is less . All project costs in excess of this amount will
be the responsibility of the Contractor . Contractor shall match E.D.C. funds used on this
project wit h al least a dollar-for-dollar ca sh match from loca l sources. Lo cal expen ditures on
enterpr ise zone marketing projects incurred prior to the effective date of this project but
subsequent to June 1, 2006, ma y be counted toward the match ing funds requirement,
provided that such expenditures have not been used to mr at other state contractual matching
fund requirements .
The performance of the services req uired hereunder shall be under the direct supervisio n of
Darren Hollingsworth , an emp loyee or agent cl Contractor, who is hereby designated as the
adm inistrator-in-charge of th is Project.
2. Time of Pe~
The Proj ect shall co mmence upon execution of this Contract. The Contract will expire on
December 31 2007, exce pt that the Contract may be extended a max im um of 6 months
subject to the mutual agree ment of the State and the Contractor . A re quest for exte nsion by
the Contrac tor sha:! be subm itted to the Stale at least 30 days prior to the expiration of the
Contract with a full ju$t illcalion for the extension request.
EDC # -Exhibit A
3. Budget
REVENUE EXPENDITURES
E.D.C. Funds $12 ,500 Market Research , Publlcallons, Advertising ,
Trade Shows, Web Site Development ,
Seminars, and Direct Marketing fOf the
Arapahoe County Enterprise Zone Program
$18,750
Local Funds 12,500 Zone Administration 6,250
L-__ T_O_T_A_L_: ____ $_2_5c...,o_oo ___ T_O_T_A_L_: ______________ s2_s.ooo
4 . Payment Schedule
I. $5,000 Initial payment to be paid upon request by the contractor following the exe cution of
this contract.
11. 6,500 Interim payments to be paid upon request and the submission of proper
documentation of expenditures of E.D.C. and local funds and wo :k progress .
Ill. 1,000 Final payment to be made upon satisfactory completion of the Project. The
Contractor will submit a final financial and narrative report documenting the
expenditure of all E.D.C. funds for which payment has been requested and of
matching local funds .
$12,500 TOTAL
Requests for payment will be Initiated by the Contractor In accordance with the provis ions of Paragraph
6 of the ma in body of this contract.
5. Monitoring
Colorado Economic Development Commission staff will monitor this Project on an as-needed basis .
6 . Reporting Schedule
The Contractor will submit an Interim financial and narrative report properly documenting all
expenditures of E.D.C. funds al the time Interim payments are requested . The Contractor will submit a
final financial status report property documenting all expenditures of E.D.C. funds at the lime the final
payment Is requested, In accordance with the payment schedule .
EDC # -Exh ibit A
Page 2 of 2 Pagea
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
November 6, 2006 11 a i Economic Development Commission -
Enterprise Zone Marketing and Administr~tion
Grant -WC #699 --Initiated By: Staff Source :
Community Development Department Darren Hollings worth,
Economic Deve lopment Coor din ator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Community Development Goal : Initiate business retention , re vi talizati on, and growth strategies.
Community Development Goal: Leverage City resources through grant funding.
City Council has approved previous marketing and administration grant cont ra cts with the State of
Colorado -Economic Deve lopment Commission in support of the Arapahoe County Enterprise
Zone .
RECOMMENDED ACTION
Staff recommends that City Council adopt a Bill for Ordinance accepting $12 ,500 from the State of
Colorado -Economic De velopment Cvm miss ion (EDC). This grant will be used to fund marketing
and administration activities for the Arapahoe County Ent erprise Zone.
BACKGROUND, ANAL \'SIS, AND ALTERNATIVES IDENTIFIED
In 1990, the City applied to the State of Colorado and was granted Enterprise Zone status for a
majority of the industrially an d commercially zoned property in Englewood. Englewood administers
the Arapahoe County Enterprise Zone for the City 's of Sheridan, Littleton , and Englewood. Th e
Econom ic Developme nt Comm ission has a competitive grant program for Enterprise Zones, which
provides marketing and administrative support. This is the 11th consecutive year Englewood has
applied for and received funding to adm inist H and market the Arapahoe County Enterprise Zone .
The Enterprise Zone marketing grant is use.d to support business retention and commu nity
m~rketing activities. Marketing activities lunded wi th this grant encourage businesses to take
advantage of Enterpris~ Zone tax credits and high li ght the Engle woo d business community.
In 2005, 89 Engl ~woo d businesses claimed tax credits through the Enterprise Zone . The tax
benefits provided by th e Enterpris e Zone acted to enhance the growth of the loca l economy as
evidenced by the increasing level of Investment and increasing annual salaries for Englewood
workers.
Benefits to Englewood businesses locatecf In .the Arapahoe County Enterprise Zone total •
$850,055.30 In State of Colorado tax credits . This Includes tax credits In the following categories :
$615,905 .62 in Investment tax credl~ $28,915.00 In new business faclllty tax credl~ SlOJ,903 .64 in
job training tax credl~ $5,000 In health Insurance tax credl~ and $90,331 .00 for research and
development tax credit Englewood businesses reported total capital Investments of over $27.3
million during 2005.
FINANCIAL IMPACT
The Economic Development Commission requires that the City provide matching funds to meet
grant requirements . The attached contract between the Economic Development Commission and
the City of Englewood pledges $12,500 in local matching fund •; to meet this obligation. These
funds are included in the Community Development departmental budget. Grant and matching
funds will be used for a variety of Enterprise Zone marketing and administrative activities .
UST OF ATTACHMENTS
Bill for Ordinance
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