HomeMy WebLinkAbout2002 Ordinance No. 047•
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ORDINAN CE NO . 'i!z
SERIES OF 2002
BY AUTHORJTY
Co,.,./-Allc>-f .!!' 101-.locJ.
10 b i
COUNC IL BILL NO . 46
INTRODUCED BY COUNCIL
MEMBER GARRETf
AN ORDINANCE AUTHORJZ ING ACCEPTANCE OF A $9,500.00 GRANT FROM
THE COLORADO DEPARTME NT OF LOCAL AFFAIRS (DOLA ) FOR
ENTERPPJSE ZON E MARKET! G AN D ADMINISTRATION.
WHEREAS , in 1990 the Ci ty of Englewood applied 10 th e Colorado Depanment of
Loca l Affairs and was gran ted, Enterprise Zone statu s for a majority of the indu stri all y
and commercially zoned propcny in the Ci ty of Engl ewood ; and
WHEREAS, the South Broadway corridor and the Cinderella City si te (now
Eng lewood Cit yC cnter si te ) recei ved Enterprise Zone desig natio n effecti ve Jul y I,
1998 ; and
WHEREAS , th e Dcpanment of Local Affa irs has a competitive gra nt program for
Enterpr ise Zones, which provides market ing and administrative su ppon ; and
WHEREAS, this is th e se venth yea r in which the Community Deve lopment
Dcpanm cnt of th e City of Englewood has applied for and received such funding ; and
WHEREAS, th e Ent erp ri se Zo ne is used in the City as a vehicle for business
retenti ~'l ; and
Wi-11.REAS , by encouraging bu sinesses to take advantage of Enterprise Zo ne tax
credits, i\Il oppo rtunity is created for busi ne sses to strengthen operations throu gh
rcinve stn ,cnt of the se dollars back in their bu sine ss; and
WH l:REAS ,
provide natch in ~
"olorado Depanmcnt of Loca l Affai rs requires that the City
s to meet gra nt requiremen ts; and
WH EREA S, the Contract bet wee n the Colora do Depanm ent of Local Affairs and
the City of Englewood pledges $9 ,500 .00 in loca l matchi ng funds to meet thi s
obligation; and
WH EREAS, thi s Grant and the matching funds will be used for Enterprise Zon e
marketing and admi nis tration in the Ci ty of Engl ewood ;
NOW, TH EREFORE , BE IT ORD AINE D BY TH E CITY COUNC IL OF THE CITY
OF ENG LEWOO D, COL ORADO , AS FOLLOWS :
~I. The Contract bet\\ ,en th e Colorado Dcpanmcnt of Local Affa irs,
Ec ono mic De velopme nt Comm ission and the City of Englewood for th e accep tance of
a $9 ,500 .00 Grant to be used for En terpri se Zone Marketing and Administration is
anachcd he reto as Exhibit I.
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~-The Con tra ct between the Colorado Departm en t of Local Affairs,
Economic De vc lop1 ,1cnt Co mmi ss ion for the acceptance of a $9,500 .00 Grant is
hereby accepted and approved by the Eng le wood City Counci l and th e Mayor is
authorized to execute and the City Clerk to attest and sea l the Contract for and on
behalf of the City of Englewood .
~-The City Man ager and the Finance and Administrative Services Director
arc authorized to tran sfer mat chi ng fund s from the General Fund Unreserved Fond
Balance t' the Community De ve lopment Budget of the Cit y of Englewood , Colorado.
Introduc ed, read in full, and passed on first re ading on the 7'' day of Oc tober, 2002.
Publi shed as a Bill for an Ordinance on the 11th'' day of Octo'ier, 2002 .
Read by title and pa ss ed on final reading on the 2 1" day of October, 2002.
Pub I ished by title as Ordinance No . £, Series of 2002, on the 25 '' day of
October, 2002 .
I, Loucri shia A. Ellis, Ci ty Clerk of the City of Englewood
certify that th e above and foregoing is a true cop y the Or n
reading and publi shed by titl e as Ordinanc e No .
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EDC#fil DEPARTMENT OR AGENCV NUMBER
EDA
CONTRACT ROUTIN G NUMBER
CONTRACT
THIS Conlracl, made this __ day or---~ 2002 , by and between the Stale of Colorado
for the use an d benefit or the Colorado Office or Econ omic Deve lopment , Economic Developmen t Commission
("E .D.C."), 1625 Broadway #1710, Denver, Colorado 80202, hereinafter referred to as the State, and City or
Englewood 1000 Englewood Parkway, Engle..vood, CD 80110 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.~
Approp . Code .11§_, Org . Unit 3160, Contract Encumb . No. E3EDC517 · and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS , th e State desires to promote economic development in Colorado by assisting local
communities in expan ding the ir eco nomic base : and
WHEREAS , pursuant to 24-46-101 to 105, C .R.S . 1987, th e Colorado Econcmic Development Fund
is created, and is to be adm inistered by the Colorado Office of Economic Development in the Office of the
Governo r. and
WHEREAS, applications for distributions from the Colorado Economic Development Fund have been
received by the Economic Development Commission; and
WHEREAS , the Economic Develop me nt Commission has reviewed and recommended to the Governor
that the project described In this contract be financed with a grant ; and
WHEREAS , the Governor has reviewed the proposed expenditure of money from the Economic
Development Fund to finance the project described in this contract : and
WHEREAS , the Contractor is an eligible recipient or Colorado Economic Development funds ;
NOW THEREFORE ii is hereby agreed that :
1. Scope of Services . In consideration for !he monies to be received from the State, the
Contractor shall do, perform, and carry out, In a satisfactory and proper manner. as determined by the State.
all work elements as in dicated in the "Scope or Services", set forth in the Attached Exhibit A. hereinafter
referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part
or this Project.
2. Responsible Administrator. The perlormance or !he services required hereunder shall be under
the di rect supervi sio n of the employee or agent or Contractor identified in the attached Exhibit A, who is hereby
designated as the ad mi nistrator-i n-charge or this Project. At any time the administrator-in-charge Is not
assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable
replacemer ·t administrator-in-charge and the State receives notification of such replacement assignment.
3. Time of Performance . Th is Contract shall become effective upon proper execution or this
Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed In the sequence set forth in the •nme or Performance" In the
attached Exhibit A. No Economic Development Commission Funds pro •ided under this contract will be
expended prior to th e full execution of this contract. The Contractor agrees that lime is of the essence in the
Pag e 1 or 7 Pag es
performance of its obligations under this Contract , and that completion of th e Project shall occur no laler than
the termination date set forth in the •nme of Performance .•
4. Compensati on and Method of Payment. The State agrees lo pay to the Contractor, In
consideration for the work and services to be performed , 3 total amount not lo exceed NINE THOUSAND FIVE
HUNDRED AND NO/100 DQ~~ Th e method and time of payment shall be made In accordance
with the "Payment Schedule " set forth In Exhibit A.
5. Accounting . At all ti mes from the effective date of this Cont rac t until completion of this Project ,
the Contractor shall mainta in properly segregated books of State funds, matching funds, and other funds
associated with this Project. All receipts and expenditures associated with said Project sha ll 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 State .
Adjustments of budget expenditure amounts in excess of ten perc ent (10%) must be authorized by the Stale
In an amendment lo this Contract properly executed and approved pursuant lo the Slate Fiscal Rules . In no
event shalt the Slate's total consideration exceed the amount shown in Paragraph 5 above.
a. Un les s otherwise prov ided in this Contract, if Exh ibit A provides for more than one payment
by the State, the initial payment set forth in the Payment Schedule shall be made as soon as
pra cticable after proper execution of this Contract. The Contractor shall Initiate all subsequent
payment requests by submitting documented proof of proper expenditure or State funds thus
far received 10 a conlract monitor designated by the State .
b. The Contractor shall request the final payment, which is the amount withheld by the State 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
determin ing to its satisfaction that all funds received by the Contractor have been properly
spert towards accomplishment of the Project, the Stale shall promptly make final payment
to the Contractor .
c. Within ninety (90) day s of compl etion of the Pro ject, th e Contractor shall submit to the
contract mon itor a detailed cost accounting of expenditures of the final payment received from
the Stale . Any Stale funds not expended in connection with the Project sl,all be remilled to
the Slate at thai tim e.
6. Aud it. The State or its authorized representative shall have the right to inspect, examine, and
audit Contractor's records, books and accounts , including the right 1-, hire an Independent Certi fie d Public
Accountant o• the State's choosing and al 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 until five (5) years after ',he dale
final payment for this Project Is received by the Contractor , provided that the audit is perfonned , a time
conven ient to the Contractor and during regular business hours . Whether or not the Slate ca , for a
discretionary audit as provided for in this paragraph , if the Project is accomplished within a single fis u year
of the Contractor , the Contractor sl1all, 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 Development
Commission. Such report shall be prepared In conjunction with Contractofs regular yearly audit, and must be
submitted within six (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 to perform the work
and services required to be performed by lhe Contractor unde• th is Contract. All of the services required
hereunder will be performed by the Contractor or under his supervision , and all personnel engaged in the work •
shall be fully qualified and shall be authorized under Stale and local law to perform such services.
Page 2 of 7 Pages
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8 . In dependent Contractor Relation ship.
THE CONTRACTOR SHALL PERFORM ITS DU':IES HEREUNDER AS AN INDEPENDENT CONTRACTOR
AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGlilil_OR EMPLOYEE OF THE
CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF 'fHE STATE.
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENTTAXES AND INCOME TAX AND
LOCAL HEAD TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT, CONTRACTOR
ACKNOWLEDGES THA TTHE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOY-
MENT INSURANCE BENEFITS UNLESl:: THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH
COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE .
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED. TO BIND THE STATE TO
ANY AGREEMENTS LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SETFORTH HEREIN .
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW
PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE INTHE AMOUNTS
REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
ITS EMPLOYEES AND AGENTS.
9. Terminat io n of Contract ror Convenienc e of Eith er Party . Either the St ate or th e Contractor ma y
terminate th is Contract at any lime the party determines that the purpose of th e Co ntract would no
longer be served by comple tion of the Project. The part y desiring lo terminate the Contract shall effect
such termin ation by giving written notice of term ination to the other party and specifyi ng the effective
date th ereof, at least th irty (30) days prior thereto. In lhat event, all fin ished or unfinished documents
and other materials shall, at the option or th e State, become its property. Contractor shall repay funds
advanced and not expe nd ed in accordance with the terms of th is contract. Contractor sha ll not be
relieved of any obligations to repay funds advanced as a loan , notwithstanding any term ination of the
contract for con venience .
10,
11 .
Termina!lon of Contract for Cau se · Repay ment or Ad va nced Funds
a. If, lhrough any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under thi s Contract, or if th e Contractor shall violate any of the cove nants ,
agreements , or stipula tions of th is Contract, th e State shall thereupon have the rig ht to
term inate th is Con trac t for cause by giving wri tt en notice to th e Contractor of such termination
and specifying the effe ct ive date :hereof, at leas t !ive (5) days before the effective date of such
terminatio n. In that even t, all fin ished or unfin1shed documents, data, studies, surveys ,
drawings, ma ps, models , photographs, media contracts and reports or other material prepared
by the Contracto r under this Contract shall , at th e option of the State, become its property :
and the Contractor shall be en titl ed to receive just and equitable compensation for any
satisfactory wo rk compl eted on such documents and other materials.
b . Notwith sla nding the above, the Contractor shall not be reli eved of liabi lity to the State for any
damages sustained by the State by virtue ol any breach of the Contract by the Contractor, and
the State may withhold any payment to the Contractor r, '.he purpose of setoff until such time
as th e exact amount of damages due to the State from 11 . • Contractor is determined .
c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the ex tent
they are not expended in accordance with the terms of th is contract at the time of te rm ination .
Changes . The State may, from time to time , require changes in the scope of services of lhe Contract
to be performed hereunder. However, this Contract is intended as th e complete integration of au
understandings betwe en th e parties at thi s tim e, and no prior or contemporaneou s ad dition, deletion ,
or other amendment hereto, including any increase or decrease in th e amount of mo nies to be paid to
the Contractor. shall have any force or ~ffect whatsoever unless embodied in a written contract
amendmen t incorporating such changes exCJc uted and approved pursuant to the Sta te's Fiscal Rutes .
Notwithstanding this provision , changes in the lime of perlormance may be agreed to by letter if so
provi ded for in Exhibf t A, an d contractor may m ak e adjustments of less tha n 10 percent in budget line
items as provided fo r in paragraph 5 r,1 this Contract.
Page 3 of 7 Pages
12. Repor!§. At least two (2) copies of all reports prepared as a result or the Project will be su bmitted to
the Ec onomic Oevr.lopment Commission w ithin two (2) weeks of completion of such reports.
13 . Connlcl or lnlerest.
14 .
15.
16.
a. No emp loyee of th e Con tractor shall perform or provide part.time services for compensation,
monetary or otherwise, to a consultant or consultant firm that has bee n retained by the
Conlraclor under lhe authority of this Contract.
b. The Contractor agrees that no person at any lime exercising any function or responsibility, In
connection with the elemen ts or this project that are financed with State funds , on bE1half of
the Contractor shall have or acquire an~, personal financial or economic in terest, direct or
Indirect, which will be materially affected by lhis Contract, except to the exlent that he may
re ceive compensation for his performance pursuant to th is Contract.
c . A personal financial or economic in terest incl 1Jdes, but ls not limited to :
any business enlity in which the pers on has a direct or indirect monetary interest:
ii. any real property in which the person ha'3 a direct or indirect monetary interest:
iii. any source of income, loans, or gifts received by or promised to the person within
twel ve (12) months prior lo the execulion date of this Contract;
iv, any business entity in which the person is a director, officer, general or limited partner,
trustee. employee, or holds any position of management.
For purposes of this subsection, indirect inves tment or interest means any investment or
Interest owned by the spouse, parent , brother, r,iste r, son, daughter, father•i n•law,
mother•in•law, brother•in•law, sister•in•law, son•in•law, or daughter•in-law of the person by an
agent on hi s/her behalf, by a general , limited, or silent partner of the person, by any business
entity contro:led by :,aid person , or by a trust in which he/s he has substantial interest. /\
bus iness entity is controlled by a person if that person, his/her agent, or a relative as definE"d
above poss esses more than fifty percent (50%) of the ownership interest. Said person has
a substantial economic interest In a trus t when the person or an above-defined relative has a
present or fulure intere st worth more than One Th ousand Dollars ($1,000 .00).
d. In the event a conmct of interest, as described in this Paragraph 13, cannol be avoided without
frustrating the purposes of this Contract, the person involved in such a conmct of interest shall
submit to the Contractor and lhe Slate a full disclosure statement selling forth the details of
such conflict of interest. In cases of extreme and unacceptable conflicts of Interest, as
determined by the State, the State reserves the right to terminate the Contract for cause, as
provided In Paragraph 10 ab0\'9. Fa ilure to file a disclosure statement required by this
Paragraph 13 shall con stitute grounds for terminalion of this Contract for cause by lhe Stale .
Compliance with Applicable Laws . At all tim es c1uring the performance of this Contract, the Contractor
shall slriclly adhere to all applicable federal and Slate laws lhat have been or may hereafler be es-
tablished .
Subcontracts . Copies of any and all subcontracts entered into by the Conlractor to accomplish this
Projert will be submitted to the Economic Development Comr,1iss ion upon request by the State. A, ,y
and all contracts enlered inlo by the Contractor shall comply with all applicable federal and Colorado
stale laws and s• ,all be governed by lhe laws of lhe State of Colorado nolwithslanding provisions
therein to th e cor trary.
Severability. To lhe extent that th is Contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of the Contract , the terms of this Contract are
severable, ai1 d should any term or provision hereof be decIared invalld or become Inoperative for any
reason , such invalidity or fa ilure shall not affect the validity of any other term or provision hereof. The
waiver of any breach of c:1 term hereof shall not be construed as waiver of any other term.
Page 4 of 7 Pa ges
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17 . Binding on Succe ssors. Except as here in otherw ise provided , this agreement shall inu re to the benefit
of and be binding upo n th e pa rt ies, or any subcontractors hereto , and their respective successors and
ass igns .
18 . Assignment. Neit her party , nor any subcontractors hereto, may assign Its right s or duties under this
Contract without the prior written consent of the other part}'.
19. Limitation to Parti cular Funds . The parties hereto express ly recogni ze that the Contractor is In be
paid, reim bursed , or otherwise compensa ted with funds provided to the Stale fo r the purpose of
co ntracl lng for the services provided for herein, and therefore , the Contractor expressly understands
and agrees that all Its rights , demands and claims lo compensation arising under this Contract are
contingent upon re ceip t of such funds by the State. In the event that such funds or any part thereof
are not received by the State, the Slate may immediately terminate th is Contract.
20. Minority Bus iness Enterprise Part icipation . It is the policy of the Slate of Colorado that minority
business enterp rises shall have the ma xi mum practicable opportunity to partic ipate in the performance
of its construction grant contracts . The Contractor agrees to use Its best efforts to carry out this poli C),'
to the fullest extent practicable and consistent with the efficient performance of th is Contract. As used
in this Contract, the term "minority business enterprise" mean s a business, at least 50 percent (50%)
of which is owned by minority group members or, in the case of pub licly owned businesses , at least
51 percent (51 %) of the stock of which is owned by minoity group members . For the purposes of this
definition, minority group members are Negroes or Black A~~ricans , Spanls:1-speaking Americans ,
As ian Americans , American Ind ians, American Eskimos and American Aleuts . The Contractor may
rely on written reprnsentatlons by bidders, contractors, and subcontractors regarding !heir status as
minority en terprises and need not conduct an independent investigation .
21. Part ies' Relationship . Except with respect to its fiduciary obligations to the State se t forth In Exhibit
A, the Contractor shall not be deemed an employee or agent of the State . No agent or employee of
Contractor shall be or sha ll be deemed to be an employee or agent of the State, other than for
purposes of compliance with the fiduciary obligations to the Stale in Exhib it A. Contractor will be
solely and entirety responsible for its acts and the acts of its agents, employees and subcontractors
during the performance of this contract .
Page 5 of 7 Pages
SPECIAL PROVISIONS
n•o r IJ'lt Qnlv wit h ln1er•Covernmtnc:1 I Co ntr:1cu)
1. CONTROLLER"S APVi,OVAL. CRS 24-30 -202 (1)
This con1ract shall not be aeemed ,,aUd until 1t has been app roved by !he Controller r,f the St31e of Colorado er such
assistan t as he m.iy des Ig~ate.
2. FUND AVAIi.ABiLITY . CRS 24-30-l02 (5 .5)
Financial oblig ations of the Slate of Colorado payable aftN th e curren t fi scal yrar are co ntingent upo n funds fo r th at
purpose being appropnatea. buageted . and otherwise rn ade available .
3. INDEMNIFICATION.
1 ro the extent allowed by law, tl1e
Indemnity . "ffi6 contracto r shall indemnify, save. an d hold harmless ll1e Slate aga inst any and all clai ms , damages ,
liability and court awards including costs , exrie nses, and anomey fees incurred as a result of any act or omlss1o n
by the Contractor, or its employees , agen ts , subcon 1ract ors , or ,issignees pursuant to the terms of this contrac t.
No term or co ndition of this co ntract sh all be co nstrued or interpreted as a waiver, exp ress or Implied, of any of the
immu nities. nghts. benefits , pro tection , or other provisions for !he panies. of the Colorado Governmental Immu nity
Act. CRS 24-10-1 01 er seq. or the Federal Tort Cla im s Act , 28 U.S.C. 2571 at seq, as app lic able , as now or
herea fter amended .
4. INDEPENDENT CO NTRACTOR. 4 CCR 801·2
THE C:'.)NTRAC70R S/-4A.LL ?ERFCRM ITS OUTIES HEREUNDER AS AN INOE P!:NOENT CO NTRAC7CR ANO NOT AS AN EMPLOY EE
NEITl-'ER TH E CONTRACiOR NOR ANY AGENT OR EM PLOYE E CF THE CONT?.AC70R SH,\LL 3E OR SHALL SE !lEEMED TO 3E M l
AGENT OR EMPLOY EE OF TME sn,re . C.:>NTRACTOR SHAL L PA Y 'NHEN CUE ALl. RE •:UIREU !:MPLOYM E;'IIT ';"AX ES AN O INCOME
TAX ANO I.C~L HE,\0 TAX ON ANY 1.-tONIES PA.IQ S'f rHESTAiE PURSUANT TO Tl-tlS c= raAC7. CONTRACTO R ACKNOWLEDGES
Tl1AT fl-IE CCN TRAC':"OR ~NO ITS EM PLOYEES ~R E NOT :!:MTI TlEU ';"Q UNEMPLO YMENT INSU RANC E 3ENEF ITS UNLESS THE
r:ON 1"RAC TC R OR Tl-!IRO ,::.~TY PRO VI DES SU CH CO Vf,lAGE ANO Tl-lATTHE S'i..\TE oc es NOT ?AY FO R OR OTHERWIS E ?R OV ICE
SUCH COVEfvlGE. CJNrR,\C':"OR SHALL HAVE NO AUTHORIZATION , e.:<PRESS OR tMP'..!EO, 70 cllNO THE ST ATE ro ,!,NY
AGREEMENTS , UABl l lf'Y , OR UNOER S7ANOIN0 E.:<CE?T AS S"<PRESSL Y Sc!' i=CRTH HE:l:E !N. C.:>NTRA~OR SHALL PROVI DE ANO
KEE? IN FORC::: WORKE~s · COMP!:NSr\flON (,\NQ PROVID E ?ROOF OF SUCH INSUR.,\NCE WH EN REQU ESTE D av rHESTATC.) ,\NQ
UNEMPLOYMEN T COMP!:NS .:.TION INSURANCE IN THE AMOUNTS RECUIREO SY LAW , ~NO Sl-+ALL SE SOLELY RESP ONSIBLE FOR
THE ,\C7S OF iHE CONTR,:.C':"OR , ITS !:MPLOYES.S ANO AGENT3.
5. NON-OISCRIMINATION.
The contrac:or Jgrees to co mp ly ·.v1th the letter and the spmt of all applicacl e sta te and federal law!:i respe c::ng
discnm1na tio n arid unfair emp loyme n1 ::i r:i c:1ces .
6. CHOICE OF I.AW.
The laws of the State of Colorado and 11Jles Jnd regulations issued ;,ursuan t thert·; .. 1 shall be acpti ed 1n the
interpretation . execution. and dnforcement of this contrac:. Any ;:irov1s1on of this contra ct , whe1her or not
inc ::iroorated here in ':ly reference, which provides for artlitrauon by any axtra '"j udic1al body or ;:i erscn or which is
otherwise 1n conflic t with sa id laws . 11Jles. and regul ations st• .~ll tie cons1derea null and void. Nothing co nta in ed in
an y provision incorporaied herein by reference wh fch purpo ns to negate this or any other special prov1s 1on in wh ole
or ,n part shall be val id or enforceaole or available in any action at law whell1er ~y way of co mola int. defe nse , or
otherwise . Any prov1s1on rend ered null and void tly the opera tio n of this provision will not invalidate the remainder
of this contract to the t?X ten t tha t rhe co ntract is capable of execu tion .
At au ti mes dunng the performance of this contract , the Con1rac:or shall stnc-J y adhere to all appl icable federal and
state law s. nJtes . anc regulauons u,a t have been or may hereafter tie astaclif,n ed .
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18 -201 & CRS 24-50-507
The s1gn ato nes Jver [hat to their knowledge . no empl oyee of the State cf Colorado has any personal or benefic:al
interest wha 1s0ev 1.?r 1n the :;erv1ce iJ r ;:,roperty descnbed he re in.
flllW IHCl:1:11/0 1
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SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR : STATE OF COLORADO :
BILL OWENS
GOVERNOR
CITY OF ENGLEWOOD
Legal Name of Contracting Entity
By _~~-~~-------Dlrector, F. Robert Le e
84-6000583
Soclal Security Number or FEIN
Office of Economic Development
PRE -APPROVEC: i'ORM CONTRACT REVIEWER :
Slg111ture of Authorized Officer
Prinl Name & Tille of AuthOrized Officer By -~E,-a-n_,M..,.e-tca~lr----------
CORPORATIONS :
(A corp«ate sea l or attestation is required .)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requ ires that the State Controller approve all state contracts. Th is contract Is not valid until
the State Controller, or such osslstant as he may delegate, has signed It. The contractor Is 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 _____________ _
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC# 517
EXHIBIT A
Colorado Eco nom ic Deve lopment Comm ission
SCOPE OF SERVICES
1. Project Description and Requirements
The Project consists or prov idi ng the Contractor wilh match ing funds for the promotion or economic
development in the Arapahoe County Enterprise Zone area. Th ese funds shall be used for the purposes
or promotional activities that will market and advertise the advantages or locating a business In the
contractor's enterprise zone area, create a positive Identity for the enterprise zone area, encourage
retention and expansion of existing businesses, promote redevelopment, expand the region 's tourism
Industry . attract new bus ine sses, and generally enhance the econom ic growth or the enterprise zone
area . Such activities sh all inclu de th e preparation , productio n, and/or distribution or market research,
printed materials , direct mail campaigns, pri nt media advertising, trade show promotions , special events,
direct business prospect visitatio n, and other close ly related activities . No more than 25 percent or
these funds may be used to pay for contractor's administrative or staff costs .
Contractor may allocate funds to one or more subcontractors Involved ln promotion and economfc
development activities in the enterprise zone . Contractor shall be responsible for ensuring and
documenting the expenditure or the required local matching funds by Contractor or by Its
subcontractors .
The con'ribution from the Economic Development Fund under this Contract shall not exceed the amount
of local matching funds expended on this project or NINE THOUSAND FIVE HUNDRED dollars {$9,500)
whichever is less . All project costs in excess of this amount will be th e: responsiollity of the Contract or.
Contractor shall match E.D .C. funds used on th is project with at least a dollar-for-dollar cash match from
loca l sources . Local expendit ures on enterprise zone marketing projects incurred prior to the effective
date or this project but subseq ·Jent to January 1, 2002 , may be counted toward the matching funds
requirement, pro vided that such expenditures ha ve not been used to meet other state contractual
match ing fund requireme nts .
The performa nce of the services required hereunder sha ll be under the direct supervision of Darren
Holli ngsworth, an employee or agent of Contractor, who is hereby des ig nated as the admini-
strator-in-charg e or th is Projec t.
2 . Time of Performance
The Pro ject shall commence upon execution of this Contract. The Contract will expire on June 30
~-excep t that the Contract ma y be extended a maximum or 12 months subject to the mutual
ag reement or the State and the Contractor. A request for extension by the Contractor shall be
submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for
the extension request.
EDC # 517 • Exhibit A
Page 1 or 2 Pages
3. Budget
flEVENUE
E.D .C. Funds $9 ,500
Local Funds 9,500
TOTAL: $19,000
4. Payment Schedule
EXPENDITURES
Markel Research, Publications, Advertising,
Special Events, and Direct Marketing for the
Arapahoe County Enterprise Zone Program
Zone Administration
TOTAL :
$14,250
4,750
$19,000
$3,000 Initial payment to be paid upon request by the contractor following the execution of this
contract.
II. 5,500 Interim payments lo be paid upon reque st and the submission of proper documentation
of expenditures or E.D.C. and local funds and work progress.
Ill. 1,000 Final payment to be made upon satisfactory completion of the Pro'ecl. The Contractor
will submi t a final financial and narrative report documenting the expenditure of all
E.D.C. funds for which payment ha s been requested and of matc ,,ing local funds .
$9 ,500 TOTAL
Requests for paym ent will be initiated by the Contractor in accordance with the prov isions of Paragraph
6 of the main body of this contract.
5. Monitoring
Colorado Ec onom ic Development Commiss ion staff will monitor this Project on an as-needed basis .
6. Reporting Schedule
The Contractor will submit an interim financial and narrati ve report properly docum enting all expenditures
of E.D .C. funds at the tim e interim payments are requested . The Contract or will submit a final financial
status report properly documenting all expenditures of E.D .C. funds at the time the final payment is
requested, in accordance with the payment schedule .
EDC # 517 . Exhibit A
Page 2 of 2 Pages
•
•
COUNCIL COMMUNICATION
DATE : AGENDA ITEM SUBJECT:
O ctober 7, 2002 10 a i Economic Deve lopment Commission -
En terp rise Zone Marketing and
Adm inis tration Gran t -EDC #517
INITI ATE D BY :
Communit Development Department
I STAFF SOURCE :
Darre n H oll ingsworth, Business Develo pment
Soecia li st
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION :
Community Development Goal : Initia te business retention, revitalization, and growth strategies.
Community Development Goal: Leverage City reso urces thro ugh grant funding.
City Council has ap proved pre vious marke ting and ad mi nis tration grant co ntrac ts wi th the State of
Col orado -Eco nomic Deve lo pme nt Commiss io n to suppo rt th e Arapa hoe Cou nty Enterprise Z o ne.
RECOMMENDED ACTION:
Sta ff reco mme nds that Ci ty Council approve th e att ac hed Bi ll fo r O rdi nance acce pt ing $9,500 fro m
the State of Colorado -Eco nomic D evelopm ent Commissio n (EDC). Th is grant will be use d to
i und marke ting and ad minis tration ac ti vit ies for th e Arapahoe County Ent erprise Zone.
BACKGROUND. ANA LYSIS. AND ALTERNATIVES IDENTIFIED :
In 1990, the City ap pl ied to th e Sta te of Co lo rado an d was granted Enterp rise Zone statu s fo r a
major ity of the industr ia ll y and commercia ll y zoned property in Eng lewood. Th e Sou th Broa dway
corridor and CityCenter Englewood si te rece ive d Ente rpri se Zo ne designation effecti ve Jul y 1, 1998.
Th e Enterprise Zone was also exp anded on November 6, 200 1 to include th e Englewood me di cal
ca mpus including Swe dish Medical Cen ter and o th er surroun din g busi ness es.
The Eco nomic Developm ent Commiss io n has a compe titive grant program fo r Enterprise Zones,
w hi ch provides marke tin g an d adm i nis trati ve support. This is th e seve nth co nsec utive year
En glewood has ap plie d fo r and rece ive d thi s fundin g.
The Ent erpri se Zone marke ting gra nt is use d in Englewood as an ince ntive to support busi ness
retention and community ma rke ting ac tiviti es. Marketing ac ti vi ties funded with thi s grant
enco urag e bus inesses 10 take adva ntage of Enterprise Zone tax credits and high li ght th e Englewood
bus iness comm unity.
FIN ANC IAL IMPACT:
The Economic Developm ent Comm is si o n req uires that the City prov id e matchin g funds to mee t
grant requi rements. The attached contrac t between th e Ec onom ic Developm ent Comm issio n an d
the Citv of Eng lewood pledges S9 ,500 in local matching fun ds to mee t this o bli gati on. Th ese funds
are included in the Community Developmen t depa rtmental bud ge t. Gram and ma tching funds will
be used for a variety oi En terprise Zone marke ting and ad minis trative ac tivities.
LIST OF ATTACHMENTS:
Proposed 8111 tor Ordinance
Economic D eve lo pm ent Commissi o n -Contrac t -EDC#S 17