HomeMy WebLinkAbout2004 Ordinance No. 051•
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ORD INANCE NO .
SER IES OF 2004
5 /
BY AUTI-IOR IT Y
:CONTRACT NO,
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COUN CIL BILL NO . 50
INTRODUCE D IJY COU CIL
MEMBER BRADSHAW
AN ORDINANCE AUT I-I OR IZING AC CEPTANCE OF A GRANT FROM Tl-I E
STATE OF COLO RADO , ECONOM IC DEVELO l'M ENT CO MMISSION FOR
MARKETING AND ADMINISTRAT IVE ACT IVITI ES IN THE ENTERPR ISE
ZONE .
WHEREAS , in 1990 th e City of Eng le woo d app lie d to th e Co lorado Departm ent
of Loca l Affai rs and was gran ted , Ent erp ri se Zone statu s fo r a majority of the
indu str ially an d co mm ercia ll y zoned property in the Ci ty of Englewood; and
WHEREAS, th e Slate Economic Deve lopme nt Co mmi ss ion has a compe titi ve
grant program fo r marketing and ad mi nis trat ive suppo rt of Ent erprise Zones ; and
WHEREAS, thi s is the ninth year in whi ch th e Com munit y Development
Department of the Cit y of Englewood has ap pli ed fo r and received such fu nding ; and
WHEREAS , the Enterprise Zo ne is use d in the Ci ty as a ve hicle for busine ss
ex pansio n, attraction and retentio n; and
WHEREAS, by enco uragi ng bu sin esses to take adva nt age of En terp ri se Zone tax
credi ts, an oppo rtunit y is crea ted fo r bu sin esses to stren gth en opera ti ons throu gh
reinvestm en t of th ese dollars back in their busine ss; and
WHEREAS, th e Co lo rado Department of Loca l Affa ir s requir es th at th e Ci ty
provide mat chin g fund s to meet Gra nt requirements ; and
WH EREAS, the Con tra ct be tween the Co lorado Dcparl!Penl of Local Affairs and
the Ci ty of Eng lewood pledges $9,500 .00 in loca l matching fund s 10 meet thi s
ob li ga ti on; and
WHEREAS, thi s Gra nt and the matching fund s wi ll be used for En terpri se. Zo ne
ma rk etin g and ad mini stra ti on in th e Ci ty of Englewood ;
NOW TH EREFORE, BE IT ORDA INE D BY THE CITY COUNC IL OF
HIE CITY OJ, ENGLEWOOD , CO LORADO , AS FOLLOWS:
..£!::1 t.ion I. The Co ntrac t be tween the Co lorado Department or Loca l Affairs ,
Eco nomic Devel op ment Co mmi ssion, and th e City or Englewood fo r a Gra nt of
$9 ,5 00.00 10 be used for En terpri se Zone Ma rketing an d Administrat ion, a cop y of
which is allac hr.d hr-rrto as Exhi bit 1, is hereby acce pted .
Se ction 2. The City Manager and City Clerk arc au th ori ze d to sign and attes t said
Co nt rac t fo r an -'. on behalf of th e Ci ty of Eng lewood .
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~. This Ordinance appropria tes the Gra nt monie s and the ma tching fu nds
alrea dy in th e City of Eng lewood, Co mmunit y De ve lopment Bud ge t for th e above
de sc rib ed project.
Introduc ed, read in fu ll , and passed on first reading on the 16th da y of August , 2004 .
Publi shed as a Bill fo r an Ord inance on th e 20 th day of August , 2004 .
Re ad by title and pa sse d on final readin g on the 7th day of Sept ember, 2004 .
Publish ed by title as Ordinance No. 5/, Series of 2004 , on the 10th day of
Septembe r, 2004.
I, Loucri shia A. Elli s, City Clerk of the City of Englewood , Colorado , hereby
ce rtify that th e abo ve and foregoing is a true copy of the Ordinance pa ssed on final
... ;,. ~· """;.,, ., '"'. o";-~ No .~ d
Loucrishia A. Elli s
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EDC #5 79 DEPAffTMEHT OR AC.ENCY NUMBER
EDA
CONTRACT ROUTING NU MII~
CONTRACT
THIS Contract, made this _ day of ____ , ~ 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, Denve r, Colorado 80202, hereinafterreferred to as the State ,
and City of Englewood 1000 Englewood Parkway Englewood, CO 801 10 , hereinafter referred to as the
Contractor.
WHEREAS . authority exists in the Law and Funds ha ve been budgeted, appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for p,iyment in Fund No .
1.§§._ Approp . Code ____ , Org . Unit ___ , Contract Encumb . No. E5EDC579 · an d
WHEREAS . required approval, clearance and coordination ha s been accomplished from and with
appropriate agencie s; and
WHEREAS , the State desires to promote eco nomic development in Colorado by ass isting lo cal
communities in expa nding their economic base : and
WHEREAS . pu rs uant to 24-46-101 to 105, C.R.S . 1987, the Colorado Economic Development Fund
is created, and is 10 be admin islered by Ihe Colorado Office of Ec onomic Development in the Office of the
Governor; and
WHEREAS . applicalions fo r distributio ns fromlhe Co!0 •ado Eco nom ic Development Fund have been
rece iv ed by the Eco nom ic De velopment Commission ; and
WHEREAS , the Economic Development Commission has re,iewed and recommended to lhe
Governor that the project described in th is contract be fin anced with a grant; and
WHEREAS , lhe Governor has reviewed th e proposed expenditure of money fro m the Economic
Developm ent Fund to finance the projec t desc ribe d in thi s contract: and
WHEREAS , the Contractor is an eligible rec ipi ent of Colorado Economic Development fun ds;
NOW THEREFORE ii is hereby agreed that:
1. Sc ace of Services . In cons iderat ion for the mon ies to be received fro m the St ate , the
Contracto r sha ll do. ;,erform, and carry out, in a sat isfac tory and proper manner . as determined by the State,
all work elements as ind ica te d in the "Scope of Se oiices ", seI fort h ,n the Atta ched Exhibit A, hereinafter
referred to as the ~Project". Work performed prio r to the executio n of this Contract shall not be co nsidered
part of this Project .
2. Resoonsible Ad ministraIor. The performance of the seoiices required hereunder shall be
und er the direc t supeoiis io n of the employee or agent of Co ntractor identified in lhe attached Exh ibi t A., who
is hereby desig naled as the adm inistra tor-i n-charge of this Project. At any lime the administrator-in-charge
is no t assigned to this Project, all wo rk shall be suspe nded until the Contract or assig ns a mut uall y acceptable
re placement administ rat or-in-charge and the State receives notificatio n of such rep lac l me nt assignmen t.
3. Time of Perfo rmance. This Cont ract shall be come effective upo n proper execut ion of this
Contract . The Pr oject conte mp la te d here in shall commence rJ~ soo n as practicable after the executio n of this
Contract an d sha ll be undertak en and performe d in the sequenc e se t forth in the "T im e of Performance" in
the attached Exhibit A. No Econo mic Deve lo pment Comm iss ion Funds provide d unde r this co ntrac t will be
expended pno r to the full executio n of th is cont ract. The Con tr acto r agrees that time is of the essence in the
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performance of its ribliga1 ions und er this Contract, and that completion of the Pro1ect shall occu r no later than
the terminatio n d;,te set rorth in the "Time of Performance."
4. Compensation and Method of Payment. The Stale agrees lo pay lo the Contractor, in
consideration for the work and services lo be perfonmed, a total amount not 10 ex ceed Nl.~E THO~ISAND
FIVE HUNDRED AND NO/100 DOLLARS 1S9 5001. The method and time of payment sha ll be mat!e in
accordance with the "Pay ment Sched• .e" set forth in Exhib it A.
5. Accounting. At all ti mes from lh e effective dale of this Cont ract until completion of thi s
Project, the Contractor sh all maintain property segregated books of State funds, matching funds, and other
funds associated with this Project. All rece ipts and expenditures associated with said Project shall be
documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the Slate . Adjustments of budget exp en diture amount s in excess of ten percent (10%) mu st be
authorized by the Slate in an amendment lo thi s Contract properly executed and approved pu rsua nt to the
State Fis cal Rules . In no event shall the State's total consideration exceed the amount show n in Paragra ph
4 above.
a. Unless othenvise provided in this Contract, if Exhi bit A provides for more than one payment
by the State, the init ial payment set forth in the Payment Schedule shall be made as soon
as practicable afte r proper execution of thi s Co ntract. The Con tractor shall initiate all
subsequent payment requests by subm1l1 ing documented proof of proper expenditure of
Slate funds thus far received !O a contract monitor designated by the State .
b. The Contractor sha ll request the final payment, which is the amo unt withheld by the Slate
until the Project is complete, for th e Project by submitting lo the contract monitor a detailed
cost accounting of all State funds received and expended towards compl etion of the Project.
Upon determining to its satisfaction that all fund s received by the Contractor have been
properly sp ent towards acc omplishment of the Project, the Slate shall promptly make final
payment to the Contractor.
c. With in n,nety (90) days of co mpletion of th e ~reject, the Co ntracto r shall submi t lo the
contract monito r a de1alled co st accoun ting of expenditures of the fina l paymen1 received
from the Slate . Any State 'unds not expended in connect ion with the Project shall be
re mitted to the Stale at that ti me .
6. Aud it. Th e State or its authonzed representa1 ive shall have the righ t to inspect, examine, and
aud it Contractor's reco rds. books cind ac cou nts. inc luding th e right to hire an independent Ce rtified Public
Accounta nt of the State 's choosi ng and at th e State's expense 10 do so . Such discretionary audit ma y be
called for at any time and for any reason from the effecti ve date of this Contract unM five (5) years after the
date final payment for this Pro1ect is received ~y the Conlrac:or, provided th at the audit is performed at a li me
conven ient to the Contractcr and aur ing regul ar busines s hours. Whether or not the State calls fo r a
discretionary audit as provi ded for in thi s paragraph , if th e Project is acco mplishe d withi n a sing le fi scal yea r
of the Contractor, the Contractor shall , at the conclus ion of the Project, and in addition lo any othe r reports
~quired, subm it a report and auditor 's statement of the Proiect accou nt to the Eco nomic Development
C1.,'l'l mission. Such rep ort shall be p, epa red 1n conjuncti on with Contrac:or's regular ye arly audit, and must
be submitted within six (6 ) mo nt hs after the c!ose of the then current Contractor's fisc al yea r.
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7. Per sonnel . The Contractor rep rese nts that he has, or will secu re at his own expense, unle ss •
otherwise stated in Exh1b1t A, all personn el. as emp lo yees of the Contracto r. necessary to perform the work
and services req uire d to be performed ~y the Contractor unaer this Con tract. All of the services requi red
hereunder will be performed by the Contrnctor or un der his superv ision , and all pe rsonn el engaged in the work
shall be futly ql 1alifie d anct shall be au thorize~ un der Sta te and local law to perform such serv ice s.
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a. Termination of Contract fo r Conven ie nce of Either Party . Either the State or the Contractor
may terminate th is Cont.act at any tim e the party determines that the purpose of the Contract would no longer
be served by completion of the Project. The party desiring to terminate the Contract shall effect such
termination by givi ng written notice of termination to the other party and spec ify ing the effective date thereof.
at least thirty (30) days prior thereto. In th at event, all finished or unfinished documents and other materials
shall , at the option of the State, become its property . Contractor shall re pay funds advanced and not
expended in accordance with the terms of this contract. Contrac:or shall not be relie ved of any obligations
to repay funds advanced as a loan , notwithstanding any term ination of the contract fo r conven ience.
9. Termination of Contract for Cause· Repayment of Advan ced Funds
a. If, through any cause, the Contractor ~•••ii fail to fulfill in a ilmely and proper manner its
obligations under th is Contract, or if L"• Gontractor shall violate any of the covenants ,
agreements , or stipulations of th is Co nncict, the State shall thereupon have the right 10
terminate this Contract for cause by gi'ling written notice lo the Co:itractor of such
termination and specifying the effsctive da•• thereof, at least five (5) days before the effective
date of such termination . In that event f!nished or unfinished documents, data , studies ,
surveys , drawings , maps, moor.13, ph ,graphs , media contracts and reports or other
material prepared by the Contrr cio r .,roar this Contract shall, at the option of the Slate ,
become its property: and the . oniraclor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
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Not11ithstanding the above, the Contractor shall not be relieved of liability to the SlatP. for any
damages sustained by the State by vi rtue of any breach of th e Contrac! by the Contractor,
and the Slate may withhold any payment to the Contractor for the '"'·oose of setoff until such
time as the exact amount of damages du e to the State l!"..:Ol .:'e c .. 1111/actor is determined .
If funds have been advanced to the Contractor, Contrac ··.; si1all r~pay such funds to the
extent they are not expended ln accordance with the len,1 s of tn is cont ract at the lime of
termination.
10 . Ch~. The State may, from tim e to time , re quire changes in the scope of services of the
Contract to be performed hereunder . However, this Contract is intended as the complete integration of all
understandings between the parties at this ti me . and no prior or co ntemp or:Jneous additi on . del eti on, or other
amendment hereto, inc luding any increase or decrease in th e amount of rn onies to be paid to the Contractor ,
sl,all have any force or effect whalsoe ,1 er unless embodied in a written contract amendment incorporating
such ~h anges executed and approved pursuant to the Sla te 's Fi scal F.ules . Notwi 1:1standing thi s provision ,
changes in the ti me of performance may be agreed to by letter if so prov ,derl Inc ;n Exhibit A, and contractor
may make adjustments of less than 10 percent in budget line items as prov ided for in th e "Accou nting" s ction
of this Contract.
11 . Conflict of Interest.
a. No employee of the Contracto r shall perform or pro vid e part-time se rvices for compensation,
monetary or otherwise , to a consultant or consultant firm that has been retained by the
Con tractor under the authority of this Contract.
b . The Contrnctor agrees that no person at any time exerci sing any fun ct io n or responsibil ity.
in connec tion with the elemen ts of this project that are fi nanced with Sta te fu nds , on behalf
of th e Contractor shall have or acquire any personal finan cial or economic inter ert. direct or
indirect. wh ich will be materially affected by th is Contract. except to the extent 'nat he ma y
receiv e compensation for his performance pursuant to this Contract.
c. A personal fi nanc ial or economic interes t includes , but is not li mited to:
any business enti ty in wh ich th e perso n has a direct or ind ire ct moneta ry inter est:
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any real property in wh ich th e person has a direct or indirect monetary interest:
any source of income, loans, or gifts received by or prom ised to the person with in
twelve (1 2) months prior to the execution date of this Contract;
any business entity in which the pers .. m is a director, officer, genera l or ti mited
partner , trustee, employee, or ho lds any position of management.
For purposes of this subsection , Indirect investment or interest means any investment o ·
interest owned by the spouse, parent , brother, sister, son , daughter, father-in-law ,
mother-in-l aw, brother-in-l aw, siste r-in-law, son-in-law, or daughter-i n-law of the person b •1
an agent on hi s/her behalf, by a genera l, li mited , or sile nt partner of the person, by ar, I
business entity controlled by said person , or by a trust ir. -•hich he/she has substanti ,,t
interest. A business entity is controlled by a person if th at P" oo n, his/her agent, or a rela liva
as defined above possesses more than fi fty percent (SO './,) ,,f thry ownership interest. Sci d
person has a substantial economic interest in a trust wh tr., the pemon or an above-defim::d
relative has a present or fut ure interest wo rth more than C ne Thou s md Dollars (S 1,000 .0'1).
d. 'n the event a co nflict of interest, as described in thi s ,:;;,,.agraph 11, cann ot be avo id !d
without frus trating the purposes of this Contract, the pe r!Jc . inv o1ved in such a confli:t of
interes t shall submit to the Contractor and the State a full a,ccl ,;ure statement setting re 1h
the de ta ils of such conflict of i11 ter•~st. In cases of extreme and unacceptable conflict~ of
interest, as determined by th e Stat~, the Stale res erves the right to terminate the Cont13Ct
for cause, as pro vided in Paragraph 9 above. Failure to file a disclosure statement requ ; ·ed
by th is Paragraph 11 shall constitute g,ounds fo r term ination of this Contract le. cause b} the
State.
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12. Subcontracts . Copies of any and all subcontracts ente red into by the Contract, r to •
accomp!ic;h tti is Project will be submitted to tho Economic Development Commission upon request b' the
State. Any and all contracts entered into by the Contractor shall comply with all applicable federal and
Color&.l'" state laws and shall be governed by lhe laws of the State of Colorado notwithstanding provi: ions
there in to the contrary.
13. Severability. To the exten t th<it this Contract ma) be executed and performance o the
ob li gations of the parties may be accompl ished within the intent of the Contract, th e terms of this Contrac are
!,everable. and should any term or provis ion hereof ht:. ~eclared invalid or become inoperativ e for any ,.ea :on .
such invalidity or failure shall not atfPr:t the vali dlty a( an y other 1erm or prov is:11 n hereof. The waiver c,f ~ny
breach of a term hereof shall not be construed as wa iver of any other term.
14. Binding on Succe3sors . Except as here in otherwise provided, this agreement shall inur ! to
the benefit of and be binding upon the pa rties , or any subcontractors hereto , ar,.1 their respective succes: ors
and assigns.
15. As signment. Neither party, nor any subcontr actors hereto. may assign its ri ghts or du ·ies
under this Con tract without the prior written consent of th e other party .
16. Umilalion to Particular Funds . The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed , or otherwise co mpensated with funds provi.~.?d to the State for the purpose of
contracting for the serv ices provided for t-,...,rein. and th erefore, the CC'l"ltra ctor expressly understands .:nd
agrees th at all its rights, demands and claims to ompensatlo n arising under this Contract are contingent ui:on
receipt of such funds by the State . In the event that such funds or any part thereof are not received by he
State, the State may immediately terminate this Contract.
17 . Minority Business Enterprise Participation. It is the po ;i cy of the Siate of Colorado tt· at
minority busines s enterprises sha ll have the maximum practic.: ble opportun ity to participate in t 1e
pe rform ance of its construction grant contracts . he Can trac:or ai;;re "?S to use its be st efforts to carry ou t U is
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• policy lo th e full est extent pract icable and cons istent with the efficient performance of this Contract. As used
in this Co nt ract , the term "miriorily business enterpr ise" means a business , at least 50 percent (50%)ofwhich
is owned by minority group members or , in the case of public ly owned businesses, at least 51 percent (51%)
of lhe slack of wh ich is owned by minority group members . For the purposes of !his definition, minor ity group
members are Negroes or Black Ame ricans , Span ish-speak ing Amer icans, Asian Amer icans , American
Indians , American Eskimos and American Aleuts . The Contractor may re ly on written rep resentations by
bidders , contractors, and subcontractors regarding the ir status as minority enterprises and need not conduct
an independent investigation.
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18. Taxes . The state agency, as purchaser, is exempt from all federal dxc ise taxes under
Chapter 32 of lhe Interna l Revenue Code [No . 84-7301231<] and from all stale and local government use laxes
[C R.S. 39-26 -114(a) and 203, as amended]. Vendor is hereby notified that when materials are purchased
for lhe benefit of the State, such exemptions apply except !hat in certa in political subdivisions (for example -
Cir1 'Denver) the vendor may be requ ired lo pay sales or use laxes even thought the ultimate product or
sec,i• , is pro vi ded to the State. These sales or use taxes wi ll not be re imbursed by the sta te.
19. Intellectual Property .
A. Contractor will indemnify State for its reason ably incurred legal expenses and will defend or settle, at
Contractor's opt ion and expen se, an y legal proceeding brought against Slate , to the extent that it is based
on a claim tha t products infringe a trade secret. trademark, mask work, copyright , or patent. Contractor will
pay all such expenses , togethe r with damages and costs awarded by the court which fi nally determin es the
case , or are incurred in the settl emHrll thereof, if Slate : (i) gives written notice of the claim promptly lo
Contractor ; (ii ) gives Contract c ccatrol of the defense and selllement of the claim ; (ii i) ~rov ides to Contractor,
at Contractor's expense, all available informat ion and ass ista r an d (iv) has not comp rom ised or sett led
such claim .
B. If products are fo und to infringe, Contractor will : (i) obtain for Slate lhe right to use such products; (ii)
replace the produc ts with non-i nfri ngin9 products or modify the products so that they become non-infringing;
or, if neither of these Alternatives is reasonably ava ilable, (iii) remove lhe infring ing products and refund the
price paid lhere io re .
C. Contractor has no ob ligation under this Paragrap h 19 fo r any cl aim wh ich results from : (i) use of products
in comb ination with any non-Con tractor provided equ ipment , software or data ; (ii) Contractor's compl iance
with designs or specification of Slate; (iii ) modification of produc ts other than at Contractor's direction ; or (iv)
use of an allegedly infringing vers ion of products , if the alleged infringement could be avoided by the use of
a different version made avai lable to State .
20 . Or der of Precedence . In the event of conflicts or incons istencies between th is contract and
its exh ibits or attachmen ts. such conflicts or inconsistencies shall be reso lv ed by reference to the documents
in the foll ow ing order of priority : 1) Colorad o Spec ial Prov isions , pages 6 lo 7; 2) Contract , pages 1 lo 5; J)
Exhib it A; 4) Any allac hments lo Exhibit A ..
21 . No Multiple-Fiscal Year Debi. The City doe s ,ol by !his Agree men I ir ,evocably pledge present
cash reserves for payments in future fisc al years, and th is f,greemenl is not Intend ed lo create a
mult ip le -fi scal year debt of the City .
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SPECIAL PROVISIONS
(For Use Onlv with lnter•GonrnmegtaJ Conlruts)
I. CONTROLLER'S APPROVAL. CRS 24-30-202 (I)
This co nrr:icr sh:111 not be deemed v11lid until it has been :ipproved by 1hc Co ntroller of the S1a1e of Colorado or such :issist illll ::is he may
dcsign:itc .
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financi::11 obl ig:uions of 1hc S1:uc of Colorado payable after the current fisQJ yc.1r arc contingent upon funds for 1ha1 purpose being
approprfa.ted . budgeted , :1nd otherwise made :iv111l:ible .
J. INDEMNIFlCATION.
To the c:uen r aurhorized by hiw, the contractor shall indemnify, save, and hold harmless the Stuc against ::UlY and all cl.ti mJ , dllmllgts,
liability and coun lwards including co sts. expenses , .ind :inomcy fees incurred as a result of :my :ic 1 or omission by the Contracto r, or iu
employees. agents, subco ntractors . or assignees pursuant to the tcnns of this conD":lct.
No 1cm, or co nditior. of thi s co ntr3ct shall be construed or interpreted ill a waiver, express or implied , of :my of 1he immunities, righ1s.
benefits. pro 1ection , or other provisions for 1he panies, of the Colorado Govemmenud Immun ity Act. CRS 24-10-10 I el seq. or the Feder.ii
Ton Claims Ac l, 28 U.S.C. 2671 et seq. as applicable, as now or herc:iftcr :unended. The Comrx1or. by execution of this contract
cont::uning 1his indemnificolion clause, docs nol waive 1he oper.i1ion oflny l::iw concerning the panics' ::ibility 10 inde mnify .
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2
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THE CONTRACTO R SJ!ALL PERFOR.\i ITS DUTIES HEREUNDER AS AN rNOEPENOENT CONTRACTOR AND NOT AS AN EMPLOYEE . l lEITI IER Tiffi
COSTRAL'TOR :,lORANY AGENT OR EMPLOYEE OF THE CONTRACTO R SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE
ST A TE. CONTRACTOR SHALL PAY WHEN CUE All R.EQUIRED B-1PLOY~IENT TAXESAND lNCOME r AX AND LOCAL HEAD T AXON ANY MONIES
PAID BY THE ST ATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACK..'o;OWLEOGES TilA TTHE CONTRACTOR ANO ITS EMPLOYEES ARE :-IOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEflTS UNLESS THE CONTRACTOR OR THIRD PARn' PROVlOES SUCH COVERAGE AND fflAT
nlE STATE OOES NOT PA y FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE ,',jQ ,,urnoRJZATION, EXPRESS OR
IMPL IED, TO BIND THE STATE TO ANY AGREL\lf.NTS, LIA BILITY , OR UNDE RSTANDING EXCEPT AS EXPRESSLY SE T FORTH HEREIN . •
CONTRACTOR SHALL PROVIDE AND KfEP IN FORCE WORXERS ' COM PENSATIO N (AND PROVIDE PROOF OF SUCH lNSlJRANCE WH£-,I
REQUESTED BY THE ST ATE) AND UNEMPLOYMENTCOMPENSA TION INSURANCE IN THE AM OUNTS REQUIRED BYLAW, AND SHALL BE SOLELY
RESPONSIBU: FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES ANO AGENTS.
5. NON-DISCRIMINATION.
The co nrr.ictor agrees 10 co mpl y wi 1h th e letter and the spirit of .111 app licable slate ::md feeler.ii laws rcspecringdiscrimin::i1ion and unfair
empl oyment pr.iclices.
6. CHOICE OF LAW.
The laws of the S1::i1e ofColor:ido lnd rules lnd regul::irions iss ued pursuan 11here10 shall be ::ip plicd in the inl efl)ret::u io n, execu 1ion, :ind
enforcement of 1his co ntract An y provisio n of this contract , whether or not incorpor.itcd hcre10 by reference. which provides for
arbitration by :my e;c.m:a-j udicial body or person or which is otherwise in co nOict with said laws, rules, ::md regulations shall be considered
null and vo,d . Nothing con1::iined in :my prov ision inc orporJ led herein by rciercnce which purpons to neg;::ite this or :m y ot her spe cial
prov isio n in whole or in pan shall be valid or enforce::ible or avail::ible in :my ::ict ion :it law whether by way of co mplaint. defense, or
01hcrwisc. An y provisiu n rendered null :ind void by 1he opcr.mo n of 1h1s provision will no1 inv::ilidate the remainder ofth1s contract to
the ex1en1 that the conrr::ict is c:1pa b\e of execution .
1$,I :1ll 11mes during the performance of this co ntract. the Co nrracto r shall smcily :Where to oll :1pplicable fcder.i l :ind state law s. rules , :ind
regul:uions th::11 have been or may hereafter be established.
7. SOf'TWARE PIRACY PROHIBITION. Governor's Exccudvc Order O 00? 02
No S1at e or other public funds p::i y::ible under this Con tract shall be used for the :1cq uis 11 io n, oper.nion or tl'l!lint enancc of computer software
in vi olation ofU n11cd St::ites copyright l::iws or ::ipplica ble licensi ng resmctions. The Co nt ractor hereb y cen 1f:es :na t. for 1he tenn of this
Contrac t ::md ::iny ex tensions. th e Conrractor has in pl::ice ::ippropri::ite sy stems :ind contr1Jls to preven1 su ch im prope r use of public funds .
If the Slate detenn ines that !he Contractor is in viol::it1on ofth 1s p::iragr.iph. the St::ue m::iy exercise lnY remed y ::iv::ii l:l ble :it 1::iw or equity
or under this Con tract, incl ud ing. wi thout li mi1::i1ion , immedi :ue 1ennin::i11on oflhe Contr:1c t 3tld::m y remed y consistent w11h United S1:ucs
cop yT1gh 1 laws or :1pplic::ible licens ing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS !4-18-201 & CRS :,.;o.;o,
The s1gn:i.t ories :i.ve r 1h::i110 their knowledge . no employee of th e Sr::ite of Colorado has :i.n y pcrson:i! or benefic ial 101eres1 Y:ha1soever in
the service or property dcscnbed herein .
Effccuv e D:i.1e Ap nl I. 200-'
Page 6 of 7 Pages
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SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
CITY OF ENGLEWOOD
Legat Name of Contracting Enti ty
84-6000583
Social Security Number Of FEI N
Signature of Aud'lorlzed Office r
STATE OF COLORADO :
BILL OWENS
GO VERNOR
By _-:::,----:-,~-,---------Dlrector, Bri an Vog t
Offlc of ~,omlc Oevelopment
!>RE -AP PROVED FORM CONTRACT REVIEWER :
Sy _______________ _
Print Na me & Title of Auttlonzea Officer Eva n Metcal f
CORPORATIONS :
=~::!:~ -or-.E""q~ui-va.,,,e-.n,,.., or=rown1-"'c1""1y"'1eou=n"'1y""c"'1e"'r1<,-) (Place COfl)Orate seal here , if availabl e.)
ALL CONTRACTS MUST BE ,t1PP ROVED BY THE STATE CONTROLLER
CRS 24-30-202 requ ires that the State Controller approve all state contracts. This contract i s not valid until
the State Controller, or such assi sta nt as he may delegate, has signed il The contractor is not authorized
to beg in perfonmance until the contract Is s lgnod and dated below. If perfonmance beg i ns prior to t he date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STA 'I; CONTROLLER:
L es lie M. Shanafel t
By ________ _
To rri Be ll
Ca ta. _____________ _
Effect ive Date: Jul y I, 2003
Page 7 of 7 Pages
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC # 579
EXHIBIT A
:alorado Economic Development Commission
SCOPE OF SERVICES
1. Project Description and Requirements
The Project consists of providing the Contractor with matching funds fo r t11e promotion of economic
development in the Arapahoe County Enterprise Zone area. These funds shall be used for the
purposes of promotional acfr:ities tha t will market and advertise lhe ao , 11t,1ges of locating a business
in the contractor's enterprise zone arr.a. create a positive identity for the r.nte rprise zone area,
encourage retention and expans ii;i n d ~xlsting businesses, promote redtNc:ayr"1ent, expand th::
region's tourism ind ustry, att;"act np•·, Jusinesses, and genera lly anhanc a tne economi c growth of the
enterprise zone area. Such activitie s shall include the pre parati on . productio n, and/or distribution of
market research, printed materials, diract mail campaigns, print medi a 3dve rt isi ng , trade show
promotions, speci1l events, di re ct bus h1 •J 'l S prospect vi sita1 io n, and other closely related activities. No
more than 25 per .:e nt of these funr1s rnay be used to pay for con trp<:to r's adm inistrative or staff costs.
Contractor may allocate funds to one or more S'Jbcontractors 11 ,.,,,!v ed in promotion and economic
development activi tie~ in the enterprise zone . Contractor shall be responsible for ensuring and
documenting the expe r diture of the required ·ocal matching funds by Contractor or by its
subcontractors .
The contribution liom the Economic □~velopment Fund un der this Contract shall not exceed lhe
amount of loca l matching funds expended on this project or NINE THOUSM!D FIVE HUNDRED
dollars (S9 500!. whichever is less . All project cos ts in excess of this amount will be the responsibility
of the Contractor. Contractor sh all match E.D.C. funds used on this project with at least a dollar-for-
dollar cash match from local sources. Local expenditu res on enterprise zone marketing projects
incurred prior to the effectiv e date of this project but subs equen t to June 1. 2004, may be co unted
towa rd the matching funds requ irement. provided that such expenditures have no t been used to meet
other state cont rac tua l matching fund requ iremen ts .
The performance of the ser,ices required he reunder shall be unde r the di rect superv ision of Darren
Hollingsworth, an employee or agent of Contractor. "Nho is hereby des ign ated as the ~dmin i-
strator-in-charge of this Pro iec t.
2. Time of Performance
Th e Project shall commence upon execution of this Contract. The Contr act will exp r~~ on June 30
2005, except that the Contract may be extended a maximu m of 12 months subject to the mut ual
agree ment of the State and the Contrac to r. A request for extension by the Contractor shall be
sub mitted to the State at leas t 30 days prio r to the expi ratio n of the Contract with a full justification fo r
th e ext ens io n request .
EDC ti 579 · Exh1b1 t A
Page 1 at 2 Pages
J . Budget
REVENUE
E.D.C . Funds $9,500
Local Funds 9,500
TOTAL: S19,000
4. Payment Schedule
EXPENDITURES
Market Research , Publications, Advertising,
Special Events, and Direct Marketing for the
Arapahoe County Enterprise Zone Program
Zone Admin istration
TOTAL:
$'14 ,250
4,750
$19,000
SJ,000 Initial payment lo be paid upon request by the contractor following the execution of
this contract.
ti . 5,500 Interim payments to be paid upon request and lhe submission of proper
documentation of expenditures of E.D.C. and local funds and work progress .
Ill. 1,000 Final payment lo be made upon satisfactory completion of the Project. loe
Contractor will submit a final fi nancial and narrative report documenting the
expenditure of all E.D.C. hinds for which payment has been ,9quested and of
matching local funds .
$9,500 TOTAL
Requests for payment will be initiated by the Contractor in accordance with the provisions of
Paragraph 6 of the main body of th is contract.
5. Monitoring
Colorado Econom ic De velopmen t Comm ission staff w1 11 monitor this Project on an as -n eeded basis .
6. Reporting Schedule
The Contractor will submit an interim financial and narrative report properly documenting all
expenditures of E.D .C . fun ds a1 •he ti me interim payments are requested . The Contractor w ill subm it a
final fi nancial status report pr-~pe<y docu ment ing all expenditures of E.D.C. funds al the time the final
payment is requested . in acc ordance with the payment schedule .
EDC ii 5 79 · Exh,b,t A
Page 2 of 2 Pages
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COUNCIL COMMUNICATION
Date: Agenda Item Sub ject:
August 16, 2004 9 a i Economic De ve lopm ent Commissio n -Ent erpri se
Zone Marke1in g and AdminiSlration -Granl EDC
#579
Initiated By : Staff Source:
Comm unity De ve lop ment Department Darren H ollingsworth,
Economic D eve lopment Coordina to r
CbUNCIL GOAL AND PREVIOUS COUNCIi. ACTION
Community Development Goal : Initiat e busin ess retenti on, rev it ali za ti on, and growth strategies .
Community Development Goal: Leve rage City reso urces throu gh grant funding.
City Council h as approved prev ious mark etin g and -1dminiS1ration gra nt contracts with th e State of
Colorado -Econ omic D evelopment Commissio n to supp0rt th e Arapahoe Counly Ent erprise Zone.
RECOMMENDED ACTION
Staff reco mmends that City Coun cil approve lhe ana ch ed Bill for Ordinance acce pting $9,500 fr om
1h e 51a1e of Co lo rad o -Economic D eve lop m ent Commissi on (EDC). Thi s gran t will be use d to
fu nd marketin g and administration acti vi ti es fo r the Arapah oe Cou nty Ente rpr ise Zo ne.
Addi ti o nall y, a p orti on of thi s funding wi ll be use d to pay fo r th e propose d enhan ce m ent to the
City's web sit e.
BACKGROUND, AN ALYSIS, ANO ALTERNATIVES IDENTIFIED
In 1990, 1h e Cily appli ed 10 th e Sta te of Colo rado and was granled Enterp rise Zone status for a
maj ority of th e indus tr ia ll y and commerciall y zoned property in Engl ew ood. Th e South Broadway
co rrid or and CityCe nler Englewood site rece ived Ent erpri se Zone des ignalion effective )lrl y 1, 1998.
The Ent erpri se Zo ne was also expa nd ed on Novemb er 6, 20 01 to includ e th e Ear,lewoo d medica l
campu s in ludln g Swe di sh Medica l Cent er and oth er sur ro unding bu sin es ses . Thr ~1x benefits
durin g 2003 to En glewood busin esses loca ted in th e Arapahoe Count y En terp ri s~ Loll ~"' total
S 1,254,749 in ta x credils through th e Stat e of Co lorado.
The Eco nomi c Deve loprne nt Commi ss ion ha s a co mp etiti ve grant pro gram for En ter pris e Zones,
w hi c h prov id es mark eting and administrative support. Th is is th e 9 th co nseculive yea r Engl ewood
has appli ed fo r and rece ive d thi s funding.
The Ent erprise Zone marketing grant is used in Engl ew ood as a11 in ce ntive to support business
ret ention and community marke ting act ivi ti es. Markd in g ac ti vities fund ed with this grant
encourage busin esse s !o take advan tage of Enterprise 7 ,.ne l a!< credi ts and hi ghlight th e Englewood
busines~ co mmunity.
FINANCIAL IMPACT
The Econ omic D evelopm ent Commiss io n requires that th e City provide match ing funds to meet
grant requirements. The attached contract between th e Economic Deve lopment Commission and
the City of Englewood pledges $9 ,5 00 in local matchin g fu nds to meet this obligation. These funds
are included in the Ccimmonity De velo pment d epartrPntal budget. Gra nt and matching funds will
be used for a va ri ety of Enterprise Zone marketing and · ,1tni ni strative activities.
UST OF ATTACHMENTS
Proposed Bill for Ordinance
Economic Development Commissi on -Contract -ED(l/579
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