HomeMy WebLinkAbout2005 Ordinance No. 040•
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ORDINANCE NO . '±Q_
SERIES OF 2005
BY AU TJ-IORITY
CONTRACT. NO. 9.3.-~aa:r
COUNC IL BILL NO . 38
INTRODUCED BY COU CIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORJZING ACCEPTANCE OF A GRANT FROM THE
STATE OF COLORADO, ECONOMIC DEVELOPM ENT COMM ISSION FOR
MARKETING AJJD ADM INISTRATIVE SUPPORT IN THE ENTERPRISE ZONE.
WHEREAS, in 1990 the Ci ty of Fng lewood applied to the Co lorado Department
of Local Affairs and was granted, Enterprise Zone status for a majority of the
industriall y and commercially zo ne d property in the Ci ty of Englewood; and
WH EREAS, the State Economic Development Commi ss ion has a competi ti ve
gran t program fo r marketing and adm inistrative support of Enterprise Zone s; and
WHEREAS, this is the tenth year in whi ch the City of Englewood has applied for
and received such funding; and
WHEREAS, the Enterprise Zone is used in the Ci ty to ini ti ate business ret ention,
revitalization and growth stra tegics; and
WHEREAS, by encouraging busine sses to take advantage of Enterprise Zone tax
credits, an oppo rtunit y is created for bu sinesses to st reng th en operat ions through
reinve stment of the se dollars back in their business; and
WHEREAS, the Colorado State Economic Devel op ment Commission req uire s that
th e Cit y provide matching funds to mee t Grant req uiremen ts; and
WHEREAS, the Grant and related Agreement between the State of Co lorado
Eco nomic Development Commiss ion and the Cit y of Englewood pledges $ I 2,500 .00
in loca l matching fund s to mee t thi s ob ligatio n; and
WHEREAS , thi s Gran< an d the matching fund s will be used for a va riety of
Enterprise Zone marketin g and administrative activit ies in the City of Englewood ;
NOW, THEREFORE , BE IT ORDAi ED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD , COLO RADO . AS FOLLOWS :
~. The Agreeme nt between 1he Stale of Co loradu, Economic
Development Commiss ion, and the City of Englewoo d fo r a Gran t of $12,500.00 to
be used fo r Enterpris e Zone Mark eti ng and Administrative ac tivities . a copy of which
is att ached ht'rcto as Exhibit I, is here by accepted.
~. The Ma yo r and Ci ty Clerk arc authori zed to sign and attest said
Agreement fo r and on beh alf of th e City of Eng lewood .
Int ro duced , read in full, and pa ssed on fi rst reading on the 15th day of Augus t, 2005 .
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• Pub lis hed as a Bil l for an Ordinance on the 19th day of August, 2005.
Read by tit le nnd passed on final reading on the 6" day o f September, 2005 .
Published by title as Ordinance No . '±Q, Series of 2005, o
Sep temb er, 2005.
I, Loucri shia A Ellis, City Clerk of the City of Englewood, Co lorado, hereby
certify that the above and foregoing is a true copy _of the Ordi n passe d on final
reading and published by title as Ordinance No. 'jQ, Serie f
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EDC #2N.
CONTRACT
DEPAATMEIIT ORAGENCV HUM8ER
EDA
COHTAACT ROUTING NUMBEft
THIS Contract, made this_ day of----..lQQ.L, by and between the State of Colorado
for the use and benefit of the Colorado Office of Economic Development, Economic Development
Commission ("E.D.C."), 1625 Broadway #1710, Denver, Colorado B0202, hereinafter referred to as the
State, and City of Englewood 1000 Englewood Parkway, Englewood CO B0110 , hereinafter referred to
as the Contractor.
WHEREAS . authority exists In the Law and Funds have been budgeted . appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund No.
1§§._ Approp . Code---~ Org . Un it ___ • Contract Encumb . No. _E§fJlC§Z9_; and
WHEREAS. required approval , clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to promote economic development in Colorado by assisting local
communities In expanding their economic base ; and
WHEREAS. pursuant to 24-46-101 to 105. C .R.S. 19B7. the Colorado Economic Development Fund
is created, and is to be administered by the Colorado Office of Economic Development in the Office of the
Governor. and
WHEREAS, applications for distributions from the Colorad o Economic Development ; 1d have
been received by the Economic Development Commission ; and
WHEREAS , the Economic Development Comm is sion has reviewed and recommended to the
Governor that the project described in th is contract be financed with a grant; and
WHEREAS. the Governor has rev iewed the proposed expenditure of money from the Economic
Development Fund to finance the project described in th ,s contract: and
WHEREAS , the Contracto, : an eligible rec ir.ient or Colorado Economic Deve lop ment funds:
NOW THEREFORE it is hereby agreed that:
1. Scope of Serviet.s. In consideration for th e mon ies to be received from the Sta te. the
Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State,
all work elements as indicated in the 'Scope of 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 considered
part of this Project.
2. Responsible Adm inistrato r. The performance of the services required hereunder shell be
under the direct supervision of the employee or agent of Contractor identified ir .a attached E•hibit A., who
Is hereby designated as the administrator-in -charge of this Project . At any ti me the adm inis trator-In -charge
is not as si gned to th is Pro ject, all work shall be suspended until the Contractor ass igns a mutually
acceptable replacement administrator-i n-charge and the State receives notification of such replacement
assignment.
3. Time of Perfo rmance . This Contract shall become effective upon proper ex ecution of this
Contract. The Pro ject contemplated herein shall commence as soon as practicable after th e execution of
th is Contract and shall be und ertaken and performed In the sequence set forth in the 'Tim e of Performance•
In the attached Ex hi bit A . No Econom ic De velopment Commiss ion Funds provided under this contract will
be expended prior to the full execution or th is contract. The Contractor agrees that time is of the essence
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in the performance of its obligaiiun s under this Contract , and that completion of the Project shall occur no •
later than the termination date set fc,nh in the "Time of Performance."
4. Compensation and Method of Payment. The State agrees to pay to the Contractor, in
conslderaUon for the work and services to be performed, a total amo unt not to exceed TWELVE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS 1S12 500). The method and lime of payment shall
be made in accordance with the "Payment Schedule" so . fo rth in Exhibit A.
5. Acc ounting. At all limes lrom the effective date o ( this Con tract until complellon of this
Project, the Contractor shall maintain properly seg regated books of State fu nds, matching funds, and other
funds associated with this Project. All re ceipts and expenditures associated with said Project shell be
documented in a detailed and s~ecific manner, and shall accord with the "Budget" se t forth in Exh ibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the te . Adjustments of budget expend iture amounts in exces .; of te n percent ( 10%) must be
authorized by the -.,tale in an amendment to thi s Contract property executr.d and approved pursuant to the
State Fiscal Ru les. In no event shall the State's total cons ide ration exceed the amount shown in Paragraph
4 above .
a. Unless otherwise provided in th is Contract, if Exhibit A prov ides for more than one payment
by the State, the initial payment set forth in the 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 submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State.
b . The Contracts, ,,,all request the nnal payment, which is the amo unt withheld by the State
unill the Project is complete, for the Pro ject by submitting to the contract monitor a detailed
cost accounting of all State funds received and ex pended towards completion of the
Project. Upon determining to its satisfaction that all funds received by the Contractor have
been property spent towards accomplishment of the Project, the Stale shall promplly make
final payment to the Contractor.
c. Within ninety (90) days of completion of the Project , the Contractor shall submit to the
contract monitor a detailed co st acco unt in g of ex penditures of the final payment received
from the State . Any State funds not exp ended in co nn ection with the Project shall be
rem i~•1 to the Slate at that ti me .
6. Audit. The State or its authorized representative shall have the right to inspec t, examine,
and audit Contractor's records, books and accounts , including the ri ght to hi re an independent Certiried
Public Accountant of the State's choosing and at the State's expense to do so . Such di scretionary audit may
be called for at any lime and for any reason from the effective date of this Contract until five (5) years after
the date final payment for this Pro ject is rece ived by the Contractor, provided that the audit is performed at
a time convenient to the Contractor and dunng regular business 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 nscal
year of the Contractor, the Contractor shall, a t the conclusion of the Project, and in addition to any other
reports requ ired , submit a report and . · ·dilor's statement of the Pro ject account to the Economic
Development Commission . Such report sh ~.' be prepared In conjunction with Contractor's regular ye arly
audit, and must be subm itted within six (6) months after the close of the then current Contractor's fiscal yea r.
7. Personne l. The Contractor represents that he has , orwm secure at~. vn expense, unless
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otherwise stated in Exh ibit A , all personnel , as employees of the Contractor, necessary to perform the work
and services required to be performed by the Contractor under this Contract. All of the services required
hereu nder will be performed by the Contractor or under his supervision, and all personnel engaged in the •
work shall be fully qual ified and shall be auth orized under Slate and local law to perform such ser,, .es .
8. Term in ation or Contract for Convenien ce of Either Party . Eitherthe State or the Co,mactor
may te""inate this Contract at any time the pa1 ty determmes that the purpose of the Contract would no
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longer be served by complet ion or !he Project The party des iring lo lerminale lhe Coniracl shall effect such
termination by giv,ng wri tten notice of termination 10 !he olher party and s-i ecifylng !h e effective dale !hereof,
at leas! lhirty (3r) days prior lherelo. In Iha! eve n!, all finishe d or unfinlsr ,ed documents and other materials
shall , at !he option of !he Slal e, become lls prope rty. Contractor shall repay funds advanced and no!
expended in accordance wilh !he lerms of !his contract. Contractor shall not be relieved of any obllgalions
to repay funds advanced as a loan, nolW ilhsland in g any l erminalion of !he contract for conven ience.
9. Termination of Contract for Cause · Repayment of Advanced Funds
a. If, through any cause, !he Contractor shall fa il to fulfill in a limely and proper manner its
obllgalions under this Contract, or if the Contractor shall vi olate any of the covenants,
agreements , or stipulations of !his Contract, !he State shail lherelf pon have !he right to
terminate this Contra<"'. for cause by giving written nolice to !he Contractor of such
termination and speci.ying !he effective date !hereof, at •~ast five (5) days before !he
effeclive date of such termination . In thal event, all fin ished~. unfinished doc, •ments, data,
studies , surveys, drawings, maps , models, photographs, media contracts and reports or
olher material prepared by the Contractor under this Contract shall , at !he option of !he
State, become its property; and !he Contractor sh all be entitled to receive just and equitable
compensation for any salisfaclorywor1< completed on such documents and other materials .
b. Notw ithstanding !he above, !he Conlraclor shall no! be relieved of liabi li ty to the State for
any damages sustained by lhe State by vi rfl.Je of any breach or 'h e Contract by the
Contractor, and the Slate may withh ol d any payment to th e Contractor for the purpose of
setoff unlil such lime as !he exact amount of dama ges due to !he State from lhe Contractor
is determ in ed .
C. Ir funds have been advanced lo the Contractor, Contracto, shall repay such funds to !he
extent !hey are not expended in accordance wilh !he lerms of this contract at tile Ume of
termination.
10. Changes . The State may, from time 10 lime, require changes in the scope of services of
the Contract to b• performed hereunder. However, this Contract is Intended as !he complete integration of
all understandings between !he parties at !his ti me , and no prior or contemporaneous addition , deletion, or
olher amendment hereto, including any increase or decrease in the amount of monies to be paid to the
Contractor, shall have any rorce or effect whatsoever unless embodied in a written contract amendment
Incorporating such changes executed and appro·,ed pursuant to the State's Fiscal Rules . Notwithstanding
!h is provision, changes in the time of performan ce may be agreed I~ -Y letter if so provided for in Exhibit.A.,
an d contractor may make adjustments of less L~an 1 O percent in budget line item s as provided for in the
"Accounting" section of th is Contract
11 . Conflict of Interest.
a. No employee of the Contractor shall perform or provide part-lime serv ices for
compensation, monetary or otherwise , lo a consultant or consultant firm that has been
retained by !he Contractor under the aulhority of this Cont,act
b. Th e Contractor agrees thal no person al any lime ex ercising any function or responsibility,
in connection with the elements or lh is pro ject lhat are financed with Stale funds, on behalf
of the Contractor shall have or acquire any personal financ ial or econom ic interest, direct
or indirect, which will be materially affected by !his Contract, exc ept to !he extent lhat he
may receive comp ensation for his performance pursuant to this Contract.
C. A personal financial or economic interest includes, but is not limited to :
any business entity in wh ich !he person has a direct or indirect monetary interest;
ii. any real property in wh ich !he person has a direct or Indirect monetary lnleresl;
iii. any source of income, loans , or gifts received by or prom ised lo !he person wilhin
twelve (12) monlhs pr ior lo !he execution dale of !h is Contract;
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iv . any business entity in wh ich the person Is a director, officer, gene ral or llmltoc
partner, trustee, em ployee, or hold s any pos ition of management.
For purpor1s of this sub s1:11 .. 1i on, lnril rect inve stment or interest means any Investment or
in tere st owned by the spouse , perenl, brother, sister, son , daughter, father-in-law,
mother-in-law. brother-in-law, sister-i n-law , son-in-law, or daughter-in-law of th e person by
an agent on his/her behalf, by a gen eral , :l mited , or silen t partner of the person , by any
busi ness entity contrulled by sai d person , or by a trus t in which he/she has substantial
Interest. A business entity is controlled by a parson if th at person, his/her agent, or a
re lative as defined ab ove possesses more than fifty µercent (50%) of the ownership
Interest. Sa id person has a substantial econom ic 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 the event a conflict of interest, as described in th is Paragraph 1 I, cannot be avoided
without frustrating the purposes of th is Contract, the person involved in such a conflict of
Interest shall submit to the Contractor and the Stale a full disclosure statement setting forth
the details of such conflict of Interest. In cases o' extreme and unacceptable ct.,iftl,1S of
interest, as determined by the Sta le, the Stale reserves the right to terminate the Contract
for cause, as provided In Paragraph 9 above. Fa ilu re lo fil e a disclosure statement required
by this Paragraph 11 shalt constilu le grounds for termination of this Contract for cause by
the State.
12. Subcontracts . Coples of any and all subcontracts entered into by th e Contractor to
accomplish th is Project will be subm itted lo the Economic Development Comm ission upon request by the
Slate. Any end all contracts entered into by the Contractor sh all comply w ith alt applicable federal and
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Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions •
therein to the contrary.
13 . ~-To the extent that this Contract m ay be executed and performance of the
obligations of the parties may be accomp lished within the intent of th e Contract, the terms of th is Contract
are severable, and should any term or provision hereof be declared invalid or become In operative for any
reeson , such invalidity or failure shall not affect Iha validity of any other term or provision hereof. The waiver
of any breach of a term hereof shall not be construed as waiver of any other term.
14 . Bin din g on Successors . Except as herein otherwise provided , this agreement shall inure
to the benefit of and be binding upon the parties. or any subconlr?clors hereto , an d the ir resp ective
successors and ass igns .
15. ~-Neither party, nor any subcontractors hereto, may assign its rights or duties
under this Contract without the prior written consent of the other party.
16. ~Imitation to Particular Funds . The parties hereto expressly recognize that the Contractor
Is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of
contracting for the services provided for herein, and t!1erefore, the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under th is Contract are contingent
upon receipt of such funds by the Slate. In the event that such funds or any part thereof are not received
by the State. tho State may lmll'edlately term inate th is Contract.
17. Minority Bus iness En terprise Participat ion . It is th e pol icy of the State of Colorado that
minority business enterprises shall have th e maximum practicable opportunity to participate In the
performance of its constructi on grant contracts. The Contractor agrees to use its best efforts to carry out
this policy to the fullest extent practi cable and consistent with th e efficient performance of this r::ontract. As
used In this Contracl, the term "m inority bus iness enterprise• means a business . at least so percent (50%) •
of Y.hl•:h is owned by minority group members or. in th e cas e of pu blicly owned businesses, at least 51
percent (5 1%) of th e stock of wh ich is owned by minority group mem bers. For the purposes of thi s
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d&finitlon , minor ity group members are Negroes or Black Americans , Spanish-speaking AmRrica ns, Asian
Am ericans, American Ind ians , American Es ki mos and American AIE!uts. The Contractor may rely on written
represen tations by bi dders , co ntrac to rn . and subcontracto rs rega rding thei r status as mir1ority enterprises
and need not conduct an ind ependent inve sti gation .
18 . Taxes . The st ate age ncy, as pu rc hase r, is ox empt from all fe deral exci se ta xes under
Chapter 32 of the In ternal Revenu e Code [No. 84 -73 0 1231<] ,ind fro m all state and local gove rnment use
taxes [C .R.S . 39-26-114(a) and 203, as amended! Vendor is he reby notified that when materials are
purchased for the benefit of the State, such exemptions apply except that in ce rta in po litical subdivisions
(for example • City of Denver) the ven dor ma y be required to pay sales or use taxes even th ought the
ultimate product or se rv ice is provided to lhe State . These salus or use taxes will not be reimbu rsed by the
state .
19 . Intellectual Property.
A. Contractor will indemnify State for its reasoi:ab ly incu rred legal expenses and will defend or settle, at
Contracto~s option and expense, an y 1,,gal proceeding b·ougtit again st State, to the extent that it is based
on a claim th at products infringe a trad,, secret, trader,,arl,, mask work, copyright, or patent. Contractor will
pay all such expenses, together with damages and co sts swa rded by the court which finally determines the
case, or are incurred in the settlement thereof, if State : (i) sives written notice of the claim promptly to
Contractor. (II) gives Co ntractor control of the defense and settlement of th e claim ; (iii) provides to
Contractor, at Contractor's expense, all ava ilab le information a·1d assistance: and (iv) has not compromised
or settled such claim.
B. If products are found to infringe, Contractor will : (i ) obtain for State the ri ght to use such products; (ii)
replace the products with non-infringing products or modify the products so that they become non-i nfring ing ;
or, if neither of these Alternatives is rea,mnably 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 p,oducts
in combination wi th any non-Contractor provided equipment, software or data; (ii) Contracto~s compliance
with designs or specification of State: (i ii) modification of products othe r th an at Contracto~s direction ; or (Iv)
use of an allegedly infringing version of products, If the alleged in fringement could be avoided by the use
of a diffe rent version made available to State .
20. Order of Precedenc e. In the ev ent of confiicts 'J r incon siste ncie s between this contract and
its exhibits or att ac hments , such confl icls or inconsistenc ies shall be resolved by reference to the documents
in the fol lowing ore ,,, of priority : 1) Co lorado Special Prov is ions , pages 6 to 7: 2) Contract, pages 1 to 5;
3) Exh ib it A; 4) Any attachmer,t s to Exhibit A ..
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.___ ____ S_P_E_C_IAL_P_R_O_VI_SI_O_N_S ___ ___,I '
(for Use Only with [gter;;Governmc:ntal Contracts)
I. C ,~TROLLER'S APPROVAL. CRS 24-30..202 (I)
This contr.lct sh:tll not be deemed valid unlil it has been :1pprovcd by 1hc Controller of the State ofColontdo or such assistant Ill he may
design.re.
2. FUND AVAlL-,BILITY. CRS 24-30-202 (5,5)
Financial oblig111o ns of th e State of Colorado payable :iftc:r the current fiscal year are contingent upon funds for thal purpose being
appropriated, budgeted, and otherwise made available.
J, INDEMNmCATION.
To the extent :wlhoriud by l11w, the contrilctor shal l indemn ify, save, and hold hlfflUess the Swe against 11ny and illl claims., damages,
liability and cou rt awards including costs, cxpcn~cs. :ind attorney fees in curred as a result of any act or omission by the Contractor, or its
emploY=S, agents. subcontractors , or 11SSignccs pursuant to the tcnns of this contract.
No tmn or condition of this contnlC't shall be construed or interpreted ILi a waiver, express or implied, of MY of the invnuniries. rights,
bencfitJ, protection , or other provisions for th e parties, of the Colorado OovemmentaJ Immunity Act, CRS 24-1Q..101 d s«,, or the Fedenl
Ton Claims Act, 28 U.S.C. 26 "1 : et s~. 111 npplieable, 111 now or hereafter nmcndcd .
4, INDEPENDENT CONTRACTOR. 4 CCR 801-2
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T}(! CONTRACTOR SHAU. PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITKEJt TI:IE
CONTRACTOR NOR ANY AGENT OR EM PLOYEE OF TifE CONT1tACTOR SHALL BE OR SHAU. BE DEEMED TO BE AN AGENT OR EMPLDVEE Of THE
STATE. COHTIACTOR SHAl.1.PAY WHEN DUE ALL REQUIRED EMP'..OYMENTTAXES AND rNCOME TAX ANO l.DCIJ.HEAOTAX ON AflV MONIES
PAID av l1{E STATE PURSUANT TO nns CONTRACT. CoNTRACTORACKNOWUDGES TitA.TTHE CONTRACTOR AND ITS EMPLOYEES ARE NOT
DmTt£D TO UNtMPLOVMENT INSURANCE BEN EATS UNLESS THE CONTllACTOROR TI-ORD PARTY PROVIDES SUCH COVERAGE AND TJIATlHE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORll.A TION, EXPRESS OR IMPLIED,
TO IINDTilE STATE TO ANY AGREEMENTS, UABIUTV,OR UNDERSTANDING EXCEPT AS EXPRESSLY SETR)RT1fHEREIN. CoNTltACTORSHAU.
PM>vtDB AND KEEP IN FORCE WORKERS ' COMPENSATION (AN D PROVIDE PROOF OF SUCH INSURANCE WHEN REQ U,:..sTED BY nt.E STATE) AND
IJNEMPLOYMENTCOMPENSATIONINSURANCEtNTID:AMOUNTSREQUIREDBYU.W,ANOSHAU.BESOULVRESPONSIBJ.EFORTHEAcr.::OFTHE
CONTRACTOR, ITS EMPLOYEES ANO AGENTS . •
5. NON-DISCRIMINATION ,
The conrractor opea 10 comply wi1h the letter and the spirit oflll applicable swe and federal laws respecting discriffUn.arion and unfair
employmcnl pncticcs.
6. CHOICE OF LAW.
The laws of the State of Co lorado 31ld rules and regulations issued pumuant lhercto shall be applied in the in terpretation , execution, :ind
enforcement of 1hi1 c:ontr:ICt. Any provision of this contract, whclher or not incorporated "tf!in by refermce, which provides for
arbiD'lrion by 1111y extra-judicial body or person or which is otherwise in conflict with said lawa,, Aes. and replations shall be colmdered
null and vo id. Noth ing contained in any provision incorporated henin by refennce which purports to negate thi s or any other special
provisi on in whole or in part shaJI be valid or enforceable or :ivailable in nny action at law whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of Ibi s provision will not invalidate the remainder of lh is contract to
the extenl thll th e contrlet is capable or execution.
At all times du ri ng the pcrfonnance of1h is conlnlct, the Con1ractor shaJI suictly adhere to all applicable federal and stale laws. rules , :ind
rqul11ion11h11 have been or may hereafter be cs1ablished .
7. SOFTWARE PIRACY PROHIBITION. Guvernor's Enc:uttvc Order D 002 00
No Slafe or other public funds payable under th is Contract sha ll be used for the acquisi1ion, operation or maintenance of computer software
in violatio n of United Stales copyright laws or :ipplic:ible licensing restric1ions . The Con1rac10r hereby cenifies th11.1, for 1he term of th is
Contract and :iny ex1ensions, 1hc Concractor hllS in place :ippropriate systems and controls 10 prevent such improper use of public funds.
If the State dc1crmines 1ha1 the Contractor is in viol:11 ion of th is paragraph, !he State may exercise any remedy available 111 law or equity
or under this Contract, including, wi1huu1 limilation, immedin1e 1crmina1ion of the Contract :ind any remedy consistent wi th United St.lies
copyright laws or :ipplic:ible licensing restnctions .
I, EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50..507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interesl whatsoever in
the service or property described herein. •
Effective Date April I, 2004
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. L._t ____ S_P_E_C_IA_L_P_R_O_V_IS_IO_NS ____ _J
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR :
CITY OF ENGLEWOO D
Legal Name of Conlnlctlng Entlf\•
Douglas Garrett, Mayor
Prin t Name & 11tle of Aulhonzed Officer
CORPORATIONS :
STATE OF COLORADO:
BILL OWENS
GOVERNOR
By_""nC=::-.=::-T.":-:::--------Director, Bri an Vog t
Office of Economic Development
PRE-APPROVED FORM CONTRACT REVIEWER:
By _-;E=-v"'a-n""M.-et:-ca-sl..-f ---------
(Place corporile seal here , if ava il able.)
Loucrishia A. Ellis, City Clerk
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 require• that the State Controllar approve all state contracts. This contract Is not valid until
the State Controller, or such asalatant aa he may dolegato, h11 algnad ll The contractor Is not authorized
to begin performance unUI tho contract Is signed and dated below. If parformanca begins prior to the date
below, the State of Colorado may not be obligated to pay for tho goods and/or services provided.
STATE CONTROLLER:
L11II• M. Shenet,lt
By ___ -=...,.,.-,,--------Betty KHna
Date ____________ _
Effective Date: Jul y I, 2004
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• EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC #620
EXHIBIT A
Col orado Econom1c De velopm ent Co mm is sion
SCOPE OF SERVICES
1. Project Dtscri ptlon and Requirements
The Pro ject consists of providing the Contractor with matching funds for the promotion of economic
development In Iha Arapahoe County Enterprise Zone area . These funds shall be used for the
purposes of promotional activ ities that will market and advertise the advantages of locating a
bus iness In the contractors enterprise zone area , create a positive identity for the enterprise zone
area , encourage retention and expans ion of existing businesses, promote redevelopment , expand
the region's tourism Industry, attract new businesses, and generally enh ance the eco nomic growth of
the enterprise zone area . Such activ iti es shall include the preparation , production , and/or distribution
of market re search , printed materials, direct mail campaigns , print media advertising, trade sh ow
promotions, special events , direct bus iness prospect vi sitation , and other closely related activities .
No more than 25 percent of the se funds may be used to pay for contractors administrative or staff
costs .
Contractor may allocate funds to one or more sub co ntrac tors involved in promot ion and economic
development activities in the enterprise zon e. Contractor shall be responsible for ensuring and
documenting the expend iture of the required loca l match ing funds by Contractor or by its
subcontractors.
The contribution from the Economic Development Fund under this Contract shall no t exceed the
amount of local match ing funds expended on !his project or TWELVE THOUSAND FIVE HUNDRED
dollars /$12 500), whichever Is less . All project costs In excess of this amount will be the
responsibili ty of the Contractor. Contractor shall m atch E.D.C. funds used on this project with at least
a dollar-for-dollar cash match from local sources. Local expenditures on enterprise zone marketing
projects incurred prior to the effecllve date of th is project but subsequent to January 1, 2005 , may be
counted toward th e matching funds re qu irement , provided that such expenditures have not been
used to meet other state contractual matching fund requ irements.
The perfomnance of the services req uire d hereunder shall be under the direct supervision of Darren
Holl ingsworth , an em ployee or agent of Contractor, who is hereby designated as the admini----
strato r-in-charge of this Project.
2. Tlme of Performance
Toe Project shall commence upon execu tion of thi s Contra ct. The Cont ract will expire on June 30
2QQ§, except that the Contract may be ex tended a maximum of 12 mon ths subject to the mutual
agreement of the State and the Con1rac 1or . A request for exten sion by the Contractor shall be
submitted to the Sta te at lea s1 30 days prior to the ex piration of th e Contract w ith a full justification for
the extension request.
EDC # 620 -E,h1b1 t A
Pag e 1 of 2 Pages
3. Budget
~
E.D.C. Funds $12,500
Local Funds 12 ,500
TOTAL: $25 ,000
4 . Payment Schedule
EXPENDITURES
Market Research , Pub llcatlons, Advertising ,
Trade Shows, Web Site Development,
Seminars, and Direct Marketing for the
Arapahoe Co unty En terprise Zone Progra m
Zone Adm inistration
TOTAL :
$18 ,7 50
6,250
$25,000
$5,000 Initial payment to be paid upon request by the contractor following the execution of
this contract.
II. 6,500 Interim payments to be paid upon request and the submission or proper
documentation of expend itures of E.D.C. and local funds and work progress.
Ill . 1,000 Final payment to be made upon satisfactory completlon or the Project. The
Contractor wilt 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 prov isions of
Paragraph 6 of the main body or this contract .
5. Monitoring
Colorado Economic Development Commission staff will monitor this Project on an as-needed basis.
8 . Reporting Schedule
The Contractor will submit an interim financia l and narrative report properl:• documenting all
expenditures of E.D.C. funds at 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 time the
final payment Is requested , in accordance with the payment schedule .
EDC ~ 620 • Exhibit A
Page 2 of 2 Pages
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COUNCIL COMMUNICATION
Dat e: Agenda Item : Subj ect:
Augus t 1 ,, 2005 9 a i Eco nomi c De ve lopm ent Com missio n -
Ente rpri se Zo ne Marketing and Administration
Grant -EDC #620
In itia ted By: Staff Source:
Community D eve lopm ent D epartm ent Darr en Holli ngsworth ,
Economic Devel opment Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Community Development Goal: Initiate business retention, re vitali zati on, and growth strategi es.
Community Deve lopment Goal: l eve rage Ci ty res ources th rough grant funding.
City Council has approved previous marke tin g and adm in istra ti on grant contrac ts with th e Stale of
Colorado -Eco nomic D evelopm ent Com mission in support of th e A rapa hoe County Ente rprise
Zone .
RECOMMENDED ACTION
Staff recomm ends th at City Counc il adopt a Bi ll for an Ordinance accepting $12,500 from th e Stale
of Colorado -Eco nomic D eve lop ment Commission (EDC). This grant wi ll be us ed to fund
marketing and administra ti on activities for th e Arapahoe Coun ty Enterprise Z o ne. Addi ti onally, a
porti on of this fu ndi ng w ill be used to pay for th e ma intenan ce and upkeep of
ww\v.e ngl e\voo dsi tes .co m.
BACK GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1990, th e Ci ty applied l o th e State o f Colo rad o Jnd was gra nted Ent erpri se Zone stat us for a
maj ority o f th e industria ll y and commercia ll y zo ned prop erly in Eng lewood. Th e South Broadway
corrid or and Ci tyCe nler Englewood sit e rece ived En terpri se Z one des ignati on effec tive Jul y 1, 199 8.
Th e En terprise Zone was als n ex panded on N ov embe r 6, 200 1 l o incl ude th e Engl ewood medica l
campus includi ng Swe dish Medical Cen ter and oth er surroundin g busi nesse s. Th e tax benefi ts
durin g 20 04 to Englewood busin esses loca ted in th e Arapahoe Co unty Ent erpris e Zone to tal
$62 1,709.34 in ta x cr edits thro ugh the Stat e of Colorado.
The City of Englewood admin is ters th e Arapah oe County Ent erpris e Zo ne for th e City's of Sher id an,
Littl eton, and Englewood. The Economic Deve lopm ent Commissio n has a com petitive grant
program for Ente rpri se Zones, w hich provi des marketin g and ad ministrative support. This is th e
I 0th consecut ive yea r Engl ewood has appli ed for and received fu ndin g to adm inister and market
th e Arapahoe County Ent erp rise Zone .
The Enterprise Zo ne marketing grant is us ed to support business retention and co mmunity
marketing activities . Marketing ac tivi ti es funded with this grant encourage businesses to take
adva nt age of Enterpri se Zone tax credits and highlight th e Englewood business commu nity.
FINANCIAL IMPACT
The Economic Deve lopm ent Commission requir es that the City provide matching funds to mee t
gra nt requ iremen ts . The att ached contract betwe en the Economic Development Commission and
the City of Englewood pledges $12,500 in lo ca l matchi ng funds to meet this obligation . Th ese
fun ds are included in th e Community De ve lopment departmental budget. Grant and matching
funds will be used for a variety of Enterprise Zone marketing an d administrative activities.
LIST OF ATTACHMENTS
Bill for Ordinance
Economic Devel op men t Commission -Contrac t -EDC#620
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