HomeMy WebLinkAbout2003 Ordinance No. 051•
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ORDI NANCE . 0 . §/
SER IE OF ~00 3
BY AU TH OR IT Y
CONTRACT. NO. 8S-~oo3
COUNC IL BILL NO . 47
INTROD UCE D BY OUNC IL
MEMBER GRAZCLIS
AN ORDINANCE AUT HOR IZING ACCE PT ANCE OF A GRANT FR OM THE STATE OF
COLO RAD O. ECONO MI C DE VE LOP~IEN T OM~II SS ION FO R MA RKETI NG AND
ADMI NISTRAT IVE A TIVITIES IN THE ENTERPRJSE ZONE .
WHEREAS , in 199 0 th e Cit y of Eng lewood applied 10 the Colorado Depanmen 1 of Loc al
Affairs and was gr:mted , Enterp rise Zo ne status fo r a maj orit y of th e indu stri all y and
commerciall y zo ned prope rt y in the Cit y o f Eng lewood ; and
WHEREA S, the Sou th Broadway co rridor and the Cinderell a Cit y site (now Englewood
Ci tyC cntc r sit e) received En1 crprisc Zo ne statu s design ation effective Jul y I. 1998: and
WHEREAS , thi s is the eighth year in whic h th e Co mmunity De vel op me nt Dcpanmcnt of
the Cit y of Engle wood ha s applie d fo r Jnd received such fundin g; and
WHEREAS , the Ent erpri se Zo nl' is use d in th e City as a ve hi cle fo r bu sin ess expa nsion,
att ractio n and retention ; and
WHEREAS, by enco ura gi ng bu si nesses to tak e advantage o f Ent erpri se Zone tax credits ,
an opportunit y is created for bu sin esses to strengt hen ope ration s through reinve stment of the se
doll ars back in th eir business; and
WHEREAS , th e Co lorado Dcpanmcn1 of Loca l Affai rs requ ire s 1ha1 the Cit y pro vide
matc hin g fund s to meet Grant req uirement s: and
WHEREAS. the Co ntract betwe en the Co lorad o Dcpanmcnt o f Loca l Affa irs and the
City of Engle wood pledges 59,500.00 in loca l matc hing fu nd s 10 meet th is obli ga ti on ; and
\Vl-lERE 1\S. th is Gr:ml and th e ma tc hin g fun ds will be used fo r Enterpri se Zo ne
marke tin g .uu.J admi nis trat ion in thi: Cit y of Engle wo od ; and
WHEREAS. th ese fun ds :111.. .d rcady budgeted in tht: 2003 Co mmunit y Dc vcl opmclll
Departm ent budget.
NO W. THEREFORE, BE IT ORD AINED BY THE CITY COUNC IL OF THE CITY
OF ENG LEWOOD , COLORADO, AS FO LLOWS :
Scction I . Th e Contract betwee n the Co lorado Department of Loca l Affai rs. Eco nomi c
Dcvc lo pm clll Com missio n. and the Cit y of Eng lewood fo r a Grant of S9,500 .00 to be use d fo r
Ent erp ri se Zo ne tvtarkct in g and Ad mini stra tio n is hereb y acce pt ed. a copy o f which is attac hed
he reto as Exhi bit I
Sec tio n :!. The Ci1y Ma nager and City Clerk arc au thori ze d to sign and att cs 1 sai d
• Co ntr acl fo r and on behalf o f the Cily o f En glewood .
Section 3. The Diri:c1or o f Financi: and 1\dm in1 s1r;1ti Yc Sc rvict.:s is amhori zcd 10 tran sfr r
mat cl·:.,g fund s fr om th e Gl.!nera l Fund Unrc:scr\'cd Fund Balt1111.:c: 10 the City o r Eng lcwoud
Co mmum ty Devcl o pmc nl Bu dget.
2003 .
Introd uc ed. rea d in fu ll. and pa ssed on fir st reading on 1hl' 41h da y of Augw,t, 2003 .
?ubli shcd as a Bi ll for an Ordin anc e on the ·h d;1y of Au gust. 2003 .
RL"nd by tit ll" and passl"d on film \ re adi ng on th e I 8th da y ol' Augus1 2003 .
Pub li shl.'d by 1itlc as Ordi nance No . .5{__, Se ries of 2003. on the 22 nd da y o f August,
I. Louc ti shi a A. Elli s. Ci ty Cle rk fo r the Ci ty of Englewood , olorado, hereby cert ify th at
the above and foregoing is a true co py of th e Ordin ance passed on na reading an d pub lished by
titl e as Ordinan ce No . 5/_. Se ries of 2003 . _t,Z..Jf..,i).'."i:'.!~~~~aU
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cDi: #fil Ofl'AATMfNT C A AQfNC V NUM!lfll
EDA
CO NTRACT AOVTINO NU MBf/1
CONTRACT
THIS Contract, made lh1s _ day of ____ , 200 3 , by a 1 between the State of Colorado
for the use and benefit of the Colorado Office of Ecoriom1c De velopm ent. Economic Development
Commission ("E.D .C . "), 162 5 Broadway #171 0 , Denver, Colorado 00202 , hereinafter referred lo as the State ,
and City of Englewood 1000 Englewood Parkway Englewood CO 801 10 , hereinafter referred to as lhe
Contractor .
WHEREAS, authority exists in the Law and Funds have been budgeled , appropriated and otherwise
made availabl e and a suffici ent unencumbered balance thereof remains available for payment in Fund No.
~ Approp . Code ____ . Org . Unit ___ , Contract Encumbrance No. E4EDC551 · and
WHEREAS, requ ired approval. cl earance and coordination has been accomplished from and w it h
appropriate agencies: and
WHEREAS , lhe Slate desires lo promote economic development in Colorado by assisting local
commun ities in expanding their economic base: and
WHEREAS , pursuant to 24-46-101 lo 105, C .R.S . 1987 , lhe Colorado Economic Development Fund
is create d, and is 10 be administered by the Colorado Office or Economic Developmenl in lhe Office of the
Governor : and
WHEREAS . applications for distribu tions from the Colorado Econom ic De vel opment Fund ha ve been
received by the Economic Development Commission: and
WHEREAS , the Economic Development Commission has reviewed and recommended to the
Governor th at the pro1ect described in th is contract ba financed with a grant: and
WHEREAS , the Gove rnor has reviewed the proposed expenditure of money from the Economic
Development Fund to fina nce the project described in this contract: and
WHEREAS , the Co ntracto r is an eligib le recip ien t of Colorado Economic Development funds :
NOW THERE•ORE it is hereby agreed lhal:
1. Scope of Services . In c on si deration for the monies to be received from the State, the
Contractor shall do , perform, and carry out , in a sa tisfactory 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 po ior to the execution of this Contract shall not h0 ... :.., t:,idt.:-0 rt
pa r\ of this l'roject.
2. Responsible Administrator . The performance of the services required hereunder shall be
undf.r the direct supervision of the employee or agent of Conlractor identified in the attached Exhi bit A ., who
Is hereby designated as the admin istrator-in -charge of this Project. At any time the administrator-in-charge
is not assign ed to this Project . all w ork shall be suspended until the Contractor assigns a mutually acceptable
replacement adm inis trator -i n-charge and the State receives notification of such replacement ass ignment.
3. T ime of Performance. Th is Contract shall become effective upon proper execution of this
Contract. Th a Project contemplated herein shall commence as soon as practicabl e after the execution of this
Contract and shall be undert aken and perlormed in the sequence set forth in ths "Time of Performance" in
the attached Exh1b 1t A . No Econom ic Development Commission Funds provided under thi s contract w ill be
expended prior to the full execution of this contract. The Contra ctor agrees that ti me is of the essence in the
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performa,,ce of its obligations under this Co ntract . and th at completion of the Project shall occur no later than
the termination date set forth in the .. Time of Performa nce .~ •
4. Compensation and Method of Payment. The State agrees to pay to the Contractor. in
cons1deratior. for the work and services to be periormed . a total amount not to exceed NINE THOUSAND
FIVE HUNDRED AN D NO/100 DO LLAR S (S9 500). The method and lime of payment sh all be made ,n
accordance w ith the "Payment St:hedule" set forth 1n Exhibit A .
5. Accounting . Al all limes fro m the effective date of this Contract until comple1ion of this
Project. tho Contractor shall ma in tain properly segregated books of State fu nds , matching funds. and other
funds associated with th is Proiect. AU receip ts and exp~nditures associated with said Project shall t.,e
documented in a detailed and specific manner. and shall accord with the "Budget" set forth in Exhibi t A .
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State. Adjustments of budget expenditure amounts in excess of te n percent (10%) must be
authorized by the State in an amendment 10 this Contrac t prc.perly executed and approved pursuant to the
State F iscal Rules . In no event sha ll the Sta1e's total cons ideration exceed lhe amount shown in Paragraph
5 above.
a. Unless otherv,,1se provided 1n this Contract. if Exhi bit A provides for more than one pa yment
by the Slat 1, the initial payment set forth in the Payment Schedule shall be made as soon
as practicable after prope r execution of this Contract. The Contractor sha ll initiate all
subsequen t payment requests by submitting doc1.Jme nted proof of proper expenditure of
State funds thus far received to a contract monitor designated by the !:Hate .
b . The Contractor shall request the final payment. which is the amount withheld by the Slate
untrl the Project is complete . for the Project by submitting lo lhe contract monitor a detailed
cost accounting of rill State funds received and expended towards completion of the Project.
Upon determining to its satisfaction that all funds received by the Contractor have been
properly spent towa rds accomplishment of the Project. the State shall promptly make final
payment 10 the Contractor
c . W11h1n 01 nety (90 ) days of completion of the Proiect. the Contractor shall submit to the
contract monitor a detailed cost account ing of expenditures of the final payment received
from tt:e State . Any S1ate fun ds not expended 1n connection with the Project shall be
remitted to the State at that time .
6. Audit. The Sta te or its authorized representative shall have the righ t to inspect. examine. and
audit Contractor's records . books and accounts. including th e right to hire an in dependent Certified Public
Accountant of the St~te·s choosing and at the State's expense to do so . Such discretionary audit may be
called for at any time and for any reason from the effective date of this Contract un til five (5) years after the
date final payment fo r this Project is received by the Contractor, provided tha t the audit is performed at a time
convenient to the Contrac tor and during regul ar business hours . Whether or not the State calls for a
discretionary audi t as provided for in this paragraph, if the ProJect 1s accomplished within a single fiscal year
of the Con tractor, the Contractor shall. at the conclusion of the Project, and in addition to any other reports
required , submit a report and auditor's statement of the Project account to the Economic Deve lopment
Commission. Such report shall be prepared in coniunction with Contractor's regular yea rl y audit, and must
be submitted within si x (6) months after the close of the then current Contractor's fiscal year .
7 . Personnel. The Contractor represents that he has, or will secure at his own expense, unless
otherwise stated in Exhibit A. all personnel. as employees of the Contractor, necessary lo perform the work
and services reauired to be performed by the Contractor under this Contract. All of the services requi red
hereunder will be 1,erformed by the Contractor or under his supervision . and all personnel engaged in the \•1urk
shall be fully quaiified and shall ::,e authonzed under State and local law to perform such services .
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8 . Term1na11on of Contract fo r Conve n ience o f Either Party . Either the Slate or the Contractor
may terminate th is Cont ra ct at any lime the party determines that the purpose of the Conlract wo uld no longer
be served by complet ion of the Project. The party des inng to terminate the Contract shall effect such
termination by giving written nouce of termination to the o ther party and specifying the effecuve date thereof,
at least thirty (30) days p rior thereto . In that event, all fi nished or unfinished documents and other rr,aterials
shall, at the op,1on of the State , become its pro pe:-ty . Contractor shall repay funds advanced and not
expended in accordance with the terms of th is contract. Contractor shall not be relieved of any obligations
to repay funds advanced as a loan , notwithstand ing any termination of the contract for convenience.
9 . Termination of Contract for Cause· Repayment of Advanced Funds
a . If, through any cause. the Contractor shall fail lo fulfill in a timely and proper manner its
obligations under this Contract. or if the Contractor shall violate any of the covenants,
agreements, or stipulations of !his Contract, the State shall thereupon have the right to
terminate th is Contract for cause by giving written notice to the Contractor of such
lermlnation and specifying the effective date thereof, al least five (5) days before the effective
date of such termination. In that event, all finished or unfinished documents, data, studies.
surveys , drawings . maps, models, photogrJphs, media contracts and reports or other
material prepared by the Contractor under this Contract shall. at lhe option of the Slate,
become its property : and the Contractor shall be enlttled to receive just and equitable
compensauon for any satis factory work completed on such documents and o ther materials.
b . Notwithstanding the above, the Contractor shall not be relieved of liability 10 the Stale for any
damages sustained by the Slate by virtue of an _. breach of the Contract by the Contractor.
and the Stale may w ilhhold any payment lo the Conlraclor for the purpose of setoff until such
time as the exact amount of damages due to the State from the Conlractor is determined .
C. If funds have been advanced to the Contractor, Contractor shall repay such funds lo the
extent they are not expended in accordance with the terms of th is contract at the time of
termination .
10. Changes . The State may. from time to ti me, require changes in the scope of services of the
Conlract to be performed hereunder. However. this Contract is intended as the complete integration of all
understandings between the parties at this time , and no prior orcontem~oraneous addition . deletion. or other
amendment hereto, including any increase or decrease in the amount oi monies to be paid to the Contractor,
shall hav e any force o r effect whatsoever unless embodied in a written contract amendment incorporating
such ch anges executed and approved pursuant to the State's Fiscal Rules. Notwithstand ing this provision,
changes in the time of performance may be agreed to by letter if so provided fo r in Exhibit A, and contractor
may make adjustments of less tha n 1 0 percent in b•Jdget line items as provided for in !he "Accounting" section
of this Contract.
11 . Conflict of Interes t.
a . No employee of the Contractor shall perform or provide part•lime services for compensation,
monetary or otherwise. lo a consultant or consultant firm lhal has been retained by the
Contractor under the authority of !his Contract.
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c .
The Contractor agrees that no person at any time exercising any function or respons ibility,
in connection with the elements of this project that are financed wilh State funds, on behalf
of the Contractor shall have or acquire any personal financial or economic interest. direct or
indirect. which will be materially affected by this Contract, except lo the extent lhal he may
receive compensation for his performance pursuant to th is Con1ract.
A personal financial or economic interest includes. but is no! limited lo:
any business entity In which the person has a d irect or indirect monetary interest:
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iii .
iv .
any real property In wh ic h the pe rs on has a direct or ind irect monetary inlerest:
any source of income . loans , or gift s receiv ed by or promised hl the person withi n
twelve ( 12) months prior to the execution date of this Contract:
an y business entity In which the pers on Is a director . officer . general or li mited
partner . trus tee, employee . or holds any position of manage,11ent .
For purposes of th•s sub section. indirect inves tment or in terest means any investment or
interest owned by the spouse. parent . brother. sister , son , daughter, father -i n-law ,
mother-i n-law . brother-i n-law . sister-in-l aw . son -m-law . or do~gh ter-1n-law of the person by
an agent on his/her behalf, by a general. li mited , or silent partner of the person, by any
bus iness enti ty contro lled by sa id person , or t>y a tru st In wh ich he /she has substantial
interest . A bus iness entity is controlled by a person 1f that person , his /her agent , or a relative
as defined above possesses more than fifty percent (50 %) of the ownersh ip interest . Said
person has a substantial economic interest in a trust when the person or an above-defined
relative has a present or future interest worth more tha n One Thousand Doilars (S1 ,000 .00).
d. In the event a conflict of interest. as described in th is Paragraph 14 , cannot be avoidP.d
without frustrating the pu rposes of this Contract, the person involved in such a conflict of
interest shall subm it to the Car.tractor and th e State a 'ull disclos1Jre statement setting fortn
the details of such conflict of interest . In cases of extreme and unacceptable conflicts of
interest , as determined by the State. the State reserves th e right to terminate the Contra,~t
for cause, as provided in Paragraph 11 above. Fa ilure to file a disclosure statement requi red
by this Para sraph 14 shall cons titute grounds for terminat ion of this Contract for cause by the
Slale .
12 . Subcontracts . Cop ies of an y and all subcontracts entered into by the Contrc'ctw to
accomplish this Project will be submitted to the Econom ic De velopment Commission upon request by the
Slale. A y and all conlracls entered inlo by the Contractor shall comp ly with all applicable federal and
Colorado staid law s and shall be governed by the laws of th e State of Colorado notwithstanding provis ions
therein to the cont rary .
13 . Severability . To the extt:nt that this Contract may be executed and performance of the
obl ig ations of the parties ma y be accomplished within the intent of the Contract . the terms of this Co ntract are
severable . and should any term or provision hereof be declared ,n vctl id or become inoperat iv e for any reason,
such invalidity or failure s:,all not affect the validity of an y otner te rm or provision hereof. The waiver of any
breach of a term hereof shall not be construed as waiver of any other term .
14 . Rinding on Successors . Except as herein otherwise provided . lhis agreement shall inure to
the benefit of and be binding upon the parties , or any subcontractors hereto . and the ir respective successors
and ass igns .
15 . ~signment. Neither party , nor any subcontractors hereto . may assign its rights or duties
under this Contract without the prior wntten consenl of the othe r party .
16 . Limitat ion to Part icular Funds . The partie s hereto expres sly recogn iz e that the Contractor
is to be paid . re1mbursed . or ot herwise com pensated with funds provided to the St ~te for the purpose of
contracung for the services provided for herein . and therefo re . the Contractor expressl y understr-nds find
agrees that all its rights , demands ar1d claims to compensatto n ar ising under 1h1s Contract are conlin~1ent upon
receipt of such funds by the State . In the event that such funds or any part thereof are not received by the
State. the State may immediately terminate this Contract .
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17 . Minorily Bus iness Enterpr ise Participat io n. II is the pol icy of the State of Cr,1orado that •
minority business enterprises shall have the max imum practicable opportunity to participate In the
performance of 1ts construction grant co ntracts . The Co ntracto r agrees to use its best ?fforts to carry out this
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• policy to the fu llest extent practicable and co nsistent w it h the efficient performance of this Contract. As used
in lhis Contract. the term "minonty busi ness enterp rise " means a bu sines s, at le ast 50 perce nt (50%) of which
1s owned by minority gro up members or, 1n the case of publicly owned bus inesses , at leas t 51 percent {51 %)
of the stock of which 1s owned by minority group members. For the purposes of this definition. minority group
members are Negroes or Blac k Americans, Spanish-speaking Amencans, Asian Americans , America n
Indians, Amer,can Eskimos and American Aleuts . The Contractor may rely 1n w ritten representations by
bi dders , contractors, and subcontractors regarding their status as minority ente1 ~rises 2nd need not conduct
an independent in vestiga tion .
16. Software Piracy Prohib ition . No State or other public fund s payable under th1s Contract shall
be used fo r the ac7uis1tion. operation or maintenance of compu ter software in violation or United States
copyright laws or appl icable licensing restrictions . The Contractor hereby certifies that . for the term of this
Contract and any extensions. the Contractor has in place appropnate systems and controls to prevent such
improper use of p ublic fu nds. If the State determines that the Contractor is In violation of this paragraph, the
State may exercise an y remedy available at law or equity or 11n~er this Contract, includ ing . without limitation ,
immediate termi nation of the Contract and any remedy con r.is tent with United Siates copyright laws or
appl icable licensing restrictions .
19 . Taxes . The state agency , as purchaser, is exempt from all federal excise taxes under
Chapter 32 or lhe Internal Revenue Code !No. 84-730123K] and from all slate ana local govern men I use taxes
IC .R.S . 39-26-114(a) and 203. as amended]. Vendor is hereby notified th at when materials are purc'•ased
for th~ benefit of the State . such exemptions apply except that 1n certain political subdivisions (for example -
City of Denver ) the vendor may be required to pay sales or use taxes even thought the ultimate product or
service is provid ed to the Slate . These sales or use taxes will not be reimb ursed by the state .
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the extent 20 . Intellectual Properly .
owed A . Contractor will indemnify State for its reasonably incurred legal expenses and will defend or settle, at
by law Contractor's option and expense. any legal proceeding brought aga inst State , ta the extent that ii is based
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on a claim that products infringe a trade secret, trademark , mask work, copynght, or pa1ent. Contractor will
pay all such expenses . :ogether with damages and costs awarded by the court which finally determines the
case. or are incurred in lhe settlement thereof. 1f 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 to Contractor.
at Contractor's expens e. all available 1nfc,rmat 1on and assistance: and (iv ) has no1 compromis ed or settled
such claim .
B. If p,oducls are found 10 infringe . Contractor will : (i) obtain fo r Stale the right 10 use such products ; (ii)
replace the products with non-infringing products or modify the products •;o that lhey become non-infringing;
or . if neither of these Alternauves 1s reasonably available . (iii) remo ve Ill~ mfringing prod1..:cts and refund the
price pa id therefore .
C . Contractor has no obliga11on under this section 20 for any clai m which results from : (i) use of products in
combination with any non-Contractor provided equipmenl, software or data : (ii) C ontractor's compliance with
designs or spec1ficat1on of Slate; (iii) modification of products other than at Contractor's direction; or (iv) use
of an allegedly infring in g version of products, if th e alleged infringement could be avoided by the use of a
different version made available to State .
21 . Order of Precedence . In the event of conflicts or inconsistencies between this contract and
its exhibits or attachments. such conflicts or inconsistencies shall be resolved by reference to lhe documents
in the followirig order or priority: 1) Colorado Special Provisions, pages 6 la 7; 2) Contract, pages 1 ta 5; 3)
Exhibi t A; 4) Any allachmenls la Exhibit A ..
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SPECIAL PROVISIONS
(Fnr U'ie O nh· wlrh ln1 e r•CO \'ernm e n1 al Cnntracl!i)
1. CONTROLLER 'S APPROVAL. CRS 24-3 0-202 (1)
This contract shall not be deemed valid unIil it has ~een approved Uy the Controller of the State of Colorado or •
such assistant as he may des ignate.
2. FUND AVAILABILITY. CRS 24 -3 0-202 (5.5)
Financial obhga1 1ons of thF. State of Colo rado payable after the current fiscal year are conllngen 1 upon funds for
that purpose being appropriated. budgeted, and 01her.v1se mDde availab le .
3. INDEMNIFICATION .
To the extent allowed by law
Indemnity : The contractor shall 1ndemntfy , save . and hold harml£:-;s the State against any and all claims,
damages. liab ili ty and court awards including costs , expenses . and attorney fee!"> incurred as a result of any act
or om1ss1on by the Contractor, or its employees. agents . subcontractors , or assignees pursuant to the terms of
th is con1rac1.
No term or condillon of 1h1s contract shall be construed or interpreted as a waiver. express or implied. of any of
the immunities , rights. benefits . protection . or other provisions for the parties. of the Colorado Governmental
lm mun1 1y Act. CRS 24-10-101 et seq. or the Federal Tort Claims Act . 28 U.S.C . 2671 er seq. as applicable , as
now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2
THE CONTRACTOR SHALL PER FORM ITS DUTI ES HEREUNDER AS AN INDEPENDENT CO NTRACTOR ANO NOT AS AN EMPLOYEE
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOY':!: OF THE CONTRACTOR SHAL L BE OR SHALL BE DEEMED TO BE
AN AGENT OR EMPLOYEE OF TH E ST ,HE . CONTRACTOR SHALL PAY WH EN DU E ALL REQUIRED EMPLOYMENT TAXES ANO
INC OM E TAX AND LOCAL HEAD TAX ON ANY MONIES PAID B Y THESTATE PU RSU ANT TO THIS CONTRACT . C ONTRACTOR
ACKNOW LEDGES THAT THE CONTRACTOR AND ITS E MPLOYEES ARE NOT ENTITLED TO UNEMPLO YMENT INSURANCE
BENEFITS UNLE SS THE CONTR ACTOR OR THIRD PARTY PROVIDES SUCH CO VERAGE ANO THAT THE STATE DOES NOT PAV
FOR OR OTHERWI SE PROVIDE SUCH COVERAGE . CONTRACTOR SHALL HA VE NO AUTHORIZATION, E XPRESS OR IMPLIED. •
TO BIND TH E STATE TO ANY AGREEMENTS, LIAB ILITY , OR UNDERSTANDING EXC EP T AS EXPRESSL Y SET FORTH HEREIN.
C ON TR ACTOR SHALL PROVIDE ANO KEEP lN FORCEWORKERS' COMPENSAT ION(ANO PROVIDE PROOF OF SUCH INSURANCE
WHEN REQUESTED SY THE STATE) ANO UNEM PLO YMENT COMPENSATION l 'lilSURANCE IN THE AMOUNTS REQUIRED BY LAW,
ANO SHALL BE SOLEL Y RESPONSIBLE FOR THE ACTS OF THE CONTRACTOrl:, ITS EMPLOYEES AND AGENTS .
5. NON-DISCRIMINATION .
The contractor agrees to comply with the letter and th e sp1nt of au applicable state and federal laws respecting
discrim ination and u nfair emptoymenl practices .
6. CHOICE OF LAW.
The laws of the State of Colora do and rules and regulations issued pursuant thereto shall be applied in the
in terpretation . execution . anCI enforcement of this contract. Any prov1 s1on of this contract . whether or not
incorporated herein by referenc.e. which prov ides fo r arbitration by any ex1ra•1udic1al body or person or which 1s
otherwise 1n conflict w 1l h sa id laws , rules . and regulations shall be considered null and voi d. Nothing contained
in any provision incorporated h erein by reference which purports to negate this or any other special provi sion 1n
whole or in part snail be va lid or enforc eable or available in any action at law whether by way of complaint ,
defense . or othel'\\11se . Any provision rendered null and void by the operation of th is provision will not invalidate
the remainder of this contract to the exten t tha t the contract is capable of execution .
A l all times dunng the performance of this con tract. the Contractor shall strictly adhere to all applicable federal
and state laws . rules. and regulations that have been or may hereafter be established .
7. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18-201 & CRS 24-50 -507
The signatones aver that to the ir knowledge . no employee of the State of Colorado has any persona l or beneficial
interest whatsoever 1n the service or property described herein.
Rev11ed: 1211101
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. .__I ____ S_P_E_C_IA_L_P_R_O_V_IS_I_O_N_S ___ ___.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
CITY OF DIG L E WOOD
Legat Name ol Con1racr1 ng En1 11y
S4-60oo;s,
SOClal Secunty Number or FE IN
Signature of Au thonzed Officer
STATE OF COLORADO :
BILL OWENS
GO VERN OR
By _-:,,-,-~~----------
Director, F. Robe rt Lee
Office of Economic Development
PRE-APPROVED FORM CONTRACT REVIEWER:
By _______________ _
Pnnl Name & Title of Aulhoozed Officer Evan Melcalf
CORPORATIONS :
(A corpora te seal or attestation is reQuired .)
Attest (Seal) By~-----~--~~-(Coroorate Secre 1ary or Equ1va 1en1. 0t Town /C11y1Coumy Clerk}
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30 -2 02 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor i s not authorized
to begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER :
Arthur L. Barnhart
By _____________ _
Terri Bell
Date ____________ _
ReYIUd:12/1/01
Page _7_ of _7_ pages
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EXHIBIT A • SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC # 55 1
EXHIB IT A
Colo rado Econ omic Development Co mmission
SCOPE OF SERVICES
1. Pro ject Descri ption an d Req uirem ents
The Proi ect consists of provid ing the Contractor with matching funds for the promotion of econom1c
development 1n the Arapahoe County Enterprise Zone area. These funds shall be used for the
purposes of promol ional activities that will market and advertise the advantages of locating a bus iness
in the contractor's enterprise zone area, create a positive identity fo r the enterprise zone area.
encourage retention and expansion of existing bus inesses. promote redevelopment. expand the
region 's tourism industry. auract new businesses, and generally enhance the economic growth of the
enterprise zone area . Such activities shall inctude lhe preparation, production . and /or distribution of
market research , prinied materials, direct mail campaign s. print media advertismg, trade show
promotions . special events , direct business prospect v1sita tion, and other closely related activities . No
more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs.
Contractor may allocate fun ds to one or more subcontractors involved in promotion and economic
development activities in the enterprise zone . Contractor shall be respons ible for ensuring and
documenting the expenditure of the req uire d local matching funds by Contr actor or by its
subcontractors.
The contribution from the E conomic De velopment Fund under this Contract shall not exceed the
amounl of local malch1ng funds exp ended on lhis proj ecl or NINE THOUSAND FIVE HUNDRED
dollars (S9 500). whiche ver 1s less . All project costs 1n excess of th is amount w ill be the respons1b1lity
of the Contractor . Contractor shalt matc h E .D .C fun ds used on lh1s proiect with at least a dollar-for -
dollar cash match from local sources. Loc al expenditures on enterp n se zone m arketing projects
incurred prior to the effec tive date of this proJect but subsequent to September 4 . 2002 . may be
counted toward the matching funds requirement. provided that such e xpenditures have not been used
to meet other state co ntractu al matching fund requirements .
The performance of the services required hereunder sh all be under the d irect su pervis ion of Darren
Hollingswo rth . an employee or agent of Contractor. who 1s hereby designated as the adm1ni-
s1rator-1n -charge of this Project .
2. Time o f Performance
The Project shall commence upon e xecution of th is Contract. The Contract will e xp ire on June 30
2004 , e xcept that the Contract may be e xtended a maximum of 12 months subjecl to the mutual
agreement o f the Slate and the Contractor. A req uest for extension by the Co ntrac tor shall b e
submitte d to the State at le ast 30 day s prior to the exprration of the Contract •Nilh a full Just ific at ion for
the e x tension request
EDC # 55 I · Exh1b 1t A
Pa ge t o l 2 Pages
REVENUE
E.0 .C . Funds 59.500
Local Funds 9.500
TOTAL: 519.000
4 . Payment Schedule
EXPENDITURES
Market Research . Publications . Advertising,
Special Evenls. and Direcl Markeling for the
Arapahoe County Enlerprise Zone Program
Zone Adm inistrat ion
TOTAL :
$14 ,250
4,750
$19 .000
$3,000 In itial payment to be paid u~on request by lhe conlraclor followi ng lhe execution of
this contr act .
II. 5.500 lnlerim payments lo be paid upon requesl and lhe submiss io n of proper
documentation of expend itures of E.D.C. and local funds and work progress .
Ill. 1 .000 Final payment 10 be mad e upon satisfactory complet ion of the Projecl. The
Con1ractor will subm it a fi nal financial and narrat ive report documenting the
expenditure of all E.D .C . funds for which payment has been requested and of
matchi ng local funds .
59 .500 TOTAL
Request s 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 Econom1c De velop ment Commission staff will monilcr this Pro ject on an as-needed basis .
6 . Reporting Schedule
The Contra ctor will submit an interim financial and narrative report prope rly documenting all
expenditures of E.O.C . funds at the time interim payments are requested . The Contractor will su bm i' a
final financial status report properly documenting all expend itures of E.D.C. funds at the lime the fi nal
payment is requested , in accordance with the pa yme nt schedule .
EDC # 551 -Exhibit A
Page 2 of 2 Pages
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT:
Econ omic Deve lopment Commission -
Augus t 4, W03 11 a ii Ent erprise Zone Marketing and
Admini stration G rant -EDC #55 1
INITI ATED BY :
Communitv D eve looment D eoa rtment
I STAFF SOURCE :
Darren Ho llin£swo rth , Bus in ess D eve loom ent Soecial ist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Community Deve lopment Goal: Initiate business retention, re vita li za tion, and growth strategies.
Community Developm ent Go al: Leve rage Ci ty res ource s th roug h gran t funding.
City Council has approved p rev ious marketing and admi nistration grant contrac ts wi th th e State o f
Colo rado -Eco nom ic Development Commissio n lo support th e Arapa hoe County Ente rpri se Zone.
RECOMMENDED ACTION :
Sta ff recommends that City Counci l approve th e atta ched Bill for Ordinance accepti ng $9,500 fr o m th e
Stat e of Col orado -Econom ic Deve lopm ent Commission (EDC). Thi s gra nt w ill be used to fu nd mark etin g
and adm inistrat ion ac ti viti es for th e A rapahoe County Enterprise Zo ne. A port ion of this funding could be
used to pay for the p roposed en han ce ment to th e City's web site. Th e proposed ordi nance also auth orizes
a transfe r of matching fu nds from the Gene ral Fu nd Unreserved Fund Balan ce to the Community
D eve lo pm en t Bud ge t.
• BACKGROUND. ANALYSIS, AND ALTERNATIVES IDENTIFIED :
In 1990, th e City ap pli ed to the State of Colorado and was granted Ent erpris e Zone status fo r a majority of
th e industri all y and cor.,merciall y zo ned prope rty in Eng lewood. Th e So uth Broadway corrido r and
CityCenter Englewood site received En terpris e Zone des'gnation effec tive Jul y 1, 1998. Th e Enterprise
Zone was also expa nded o n November 6, 200 1 to in clude th e Eng lewood med ica l campus including
Swe dish Medical Center and oth er surrounding bus in esses. The tax benefi ts du rin g 2002 to f ngl ewood
businesses loca ted in th e Arapahoe Co,·n ty Ent erpri se Zone total $5 73,130.16 in tax cre dits •hrough the
State of Colorado.
Th e Econ o mic D evelonment Comm issio n has a competi ti ve grant progra m fo r En ter.:•ise Zones, ,:hid,
provides marketin g a11u Jdmi ni st rati ve support. Thi s is the 8th consecu tive year Eng lewood has applied fo r
an d rec ei · •cl this fund in g. The Ente rprise Zon e marketi ng gran t is used in Englewood as ar •n ~entive to
support business retention and co mmuni ty marketin g ac tivities. Marketing ac ti vities funded w ith thi s grant
encourage bu sin es se s to take adva nta ge of Ent erpri se Zo ne tax credits and high light the Englewood
business co mmunit y.
FIN ANCIAL IMPACT:
Th e Economic De velopment Commiss ion req ui res th at the Ci ty provide matching funds to mee t grant
requi rem en ts. The atta che d contract between the Economic Development Com missio n and th e City o f
Englewood ple dges $9,500 in loca l ma tch ing funds to meet this obligation. Th ese funds are included in th e
Co mmun ir ,, D evelopmen t departmental bud ge t. Gra nt and matching funds w ill be used fo r a va ri ety of
Enterprise Z o ne marketin g and adm inistrative ac tiv ities.
UST OF ATTACHME · TS:
Proposed Bill fo r O rdin ance
Eco nomic Deve lo pment Co mmissio n -Co ntra ct -EDC#551