HomeMy WebLinkAbout2001 Ordinance No. 050•
•
•
ORDINANCE NO. S()
SERIES OF 2001
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7,500 GRANT FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE
ZONE MARKETING AND ADMINlSTRATION.
WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of
Local Affairs and was granted, Enterprise Zone atatwi for a majority of the
induatriall1• and commercially zoned property in the City of Englewood; and
WHEREAS, the South Broadway corridor and the Cinderella City site received
Enterpriae Zone designation effective July l, 1998; and
WHEREAS, the Departme.nt of local A1fain baa a competitive grant proan,m for
Enterprise Zones, which provides marketing and administrative support; and
WHEREAS. this is t. ,, 6,. year in which the Community Development Department
of the City of Englewood baa applied for and received ou.ch funding; and
WHEREAS, the Enterpriae Zone is used in the City as a vehicle for business
retention; and
WHEREAS, by encouraging businessos to take advanta,1e of Enterpriae Zone tax
credita, an opportunity is created for businesses to strengthen operatio08 through
reinvestment of these dollars back in their buainesa: and
WHEREAS, the Colorado Department o' • ?Cal Aff'ain requires t t the City
provide matching funds to meet cranl. reqw.. cmenta; and
WHEREAS, the Contract between the Colorado Department of Local Af.tairs and
the City of Englewood pledges $7,500 in local matching funds to meet t · s obligation;
and
WHEREAS, this Grant and the matchin& iun.ds will be u,~
marketing and administration in the City of Englewood ;
-,.,terpr. ·t,one
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
&wlm.1, The Contract between the Colorado Department of Local Affaira,
Economic Development Commi ssion for the acceptance of a $7,500 Grant to be used
for Enterprise Zone Marketing and Administration and the City of Englewood is
attached hereto a• Exhibit 1 .
-1-
10bi
~-The Contract between the Colorado Department of Local Afl'aln.
Economic De, elopment Commisaion for the acceptance of a $7,600 Grant ia hereby
accepted and l\pproved by the Englewood City Council a.nd the Mayor is authori d to
execute and the City Clerk to atte■t and 11eal the Cont ract for and on behalf of t he City
of Englewood.
Scs:l,ilm..Ji. The City Manager and the Finance and Administrative Service• Director
ue authori2ed to transfer matching funda from the General Fund U nreaerved Fund
Balance to the Community Development Budget of the City of Englewood, Colorado.
Introduced, read in full, and pa88ed on first reading on the 20th day of August,
2001.
Published as n Bill for an Ordioaoce on the 24'" day of August, 2001.
R.!ad by title and passed on final reading on the 4th day of September, 2001 .
Publiabed by title u Ordinance No.-50 Seriee of 2001, on the 7th day of
September, 2001.
I. Loucriahia A. E llie. City Clerk of the City of Englewood. Colorado, hereby certify
that the bove and foregoing ia a true oop~_of the Ordinance pa on final reading
and published by title as Ordinance No .Q:l. Series of 2001.
-2-
..
•
•
•
EDC~
CONTRACT
~a.:N»ll!::t......-
l!DA
C0NIIIOCTIIIIU1INCI-
THIS Contract, made 1his __ day of ____ ~ -2QQj_, by and ~ lhe Stata of Colorado
for the uH and benalll or the ColOrado Office of Economic Development, Economic; Development Commlulon
("E.D.C ."), 1625 Broadway #1710, Denver, Colorado 80202, hereinaftef' rafen-ed ID u lhe Slate, and~
Engl-ood. 1000 Englewood Parj<way Englewood CO 80110 , hereinafter refamld to aa Iha Contractor.
WHEREAS, authority exists In the Law and Funcla have been budgeted. appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment In Fund No. J&
Approp. Code ..ll§.., Org. Unit D&, GBL ---~ Contract Encumb. No. E2EDC470 · and
WHEREAS , r ul red approval, dearance and coordination ha■ been accomplished from and with
appropriate agendas: and
WHEREAS, Iha Slate desires to promote economic development in Colorado by assisting local
communiUes in expanding their economic base: and
WHEREAS , pursuant to 2446-101 l,l 105, C .R.S. 1987, the Colorado Eccnomic Development Fund
Is craated , and is to be ad mini stered by 1he Colorado Office of Econorroc Development in the Office of the
Governor: and
WHEREAS, applications for distributions from the Colorado Economic Development Fund h ave been
n,ceived by the Economic Development Commission; and
• WHEREAS . the Economic Development Commission has reviewed and recommended to the Govemor
•
that the project described i n 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 proj ect described in th is contract: and
WHEREAS, the Contractor is an eligibl e recipient of Colorado Economic Development funds:
NOW THEREFORE ii is hereby agreed that
1. Scope of Services . In considerati on for the monies to be received from the Si.ta, the
Contractor shall do, perform, and carry out. in a satisfactory and proper manner, as determined by the State,
all wo rk elements as indicated in the -Scopa of Services·. set forth in the Attached Exhibit A , hereinafter
referred to as the "Project·. Work performed prior to the execution of th is Contract shall not be considered part
of this Project.
2 . Responsible Administrator. The perlonnance of the services required hereunder shall ba under
the direct supeNi sion of the employee or agent of Contractor Identified in the attached Exhibit A .. who is hereby
designated as the edministrato•-in-eha rge of this Pro ject. At an y time the administrator-in-charge Is not
assigned to this Prcject. all work shall be suspended until the Contractor assigns a mutually acceptable
replacement admi nistrator-in-eharge and the State rece iv es notification of such replacement assignment.
3. nme of Performance . Th i~-".:o ntract shall become effective upon proper execution of th is
Contract. The Project contemplated herein shall commence as soon as practicable after 1he execuUon of this
Contract end shall be undertaken and performed in the sequence sat forth in the "Time of :> rformance· in the
attached Exhi bit A.. No Economic Develop:n ant Commiss,on Funds provided under this contract will be
expended prior to the full execution of thi s contrac:. The Contractor agrees that Ume is of the easence In the
Paga 1 of 7 Pages
X
h
i
b
i
t
l
perfonnance of its obligations under this Contract, and that completion of the Project shall occur no later than •
the termination data set forth in tha "T'ome of Performance.•
4. Comcengtlon and MethQ(l of Payment. The Slate agrees to pay to the Contractor, in
consideration tor Iha worl< and services to ba performact, a total amount not to exceed SEVEN THOUSAND
E!YE HUNDRE D ANO NO/100 DOLLARS (57 5001 . The meltlod and time of payment shall be fflllde in
accordance with the "Payment Sc;nactule" set forth in Exhibit A.
5. Accounting. At all times from Iha effective date of th is Contract until completion of this Project,
the Contractor shall mai ntain propef1y segragated books of Slate funds, matching funds, and other fut <;s
associated with this Project. All receipts and expenditures auoclated with said Project shall be documen.
In a detailed and specific manner, aJ'ld shall accord with the "Budget" set forth In Exhibit A. Contraclor may
ac•ust budgeted expenditure amounts up to tan percent ( 10%) within said Budget without approval of the State.
Adjustments of budget expenditure amounts in excess of ten percent (10%} must be authonzed by the State
in an amendment to this Contract proper1y executed and approved pursuant to Iha Slate Fiscal Rules. In no
event shall the State's total consideration exceed the amount shown in Paragraph 5 above.
a. Unless otherwise provided in this Contract . if Exhibit A provides ror more th an one payment
by the Sta le, the initial payment sat forth in th e Payment Schedule shall be made as soon as
practicable alter proper execution of this Contract. The Contractor shall initiate all subsequent
paym nt reQuests by submitting documented proof of proper expenditure of Sta. fund,;; thus
far re c eived lo a contract mcnilor designated by lhe Stale .
b . The Contractor shall request Iha fi nal payment. which is Iha amount wi thheld b, , · . .,.1,1 .,. •til
the Project is complete, ror the Project by submitting to the contract moni tor a detail ed ;;.est
accounting of all State funds received and expended towards compleUon cf the Project. Upon
determining to lls satisfaction that a ll funds received by the Contractor have been properly
spent towartls ac co mpli shment of the P roject. the State shall promptly make fin al paymen1
to the Contractor.
c. Within ninety (90) days of completion of the Project. the Contractor shall submit ta the
contract monitor a detailed cost accou nting of expenditures of the final payment received from
the State. Any State funds not expended in connection with the Project shall be remitted ta
the State at that time .
6 . Audit The State or its authorized representative shall have the right to inspect. examine. and
audit Contractor's recortls, books and accounts. including the right to hire an independent Certified Public
Accountant of the State's choosing and at the State's expense to do so. Su ch ,. -etionary audit may ::.e
called fo r at any tim e and ror any reason from the effective data of th is Contract un ,va (Si years after the date
final payment ror this Project is received by the Contractor. iirovided that th e audit i perfonned at a time
convenient to the Contractor and during regular business hours . Whether or no1 he State calls for a
discretionary audit as provided ror In this paragraph, If the Proj ect is accomplished within a single fiscal year
of th e Con!ractor, the Contractor shall. at the concl usion or the P roject. and in addition to any other repcrts
reQuired. submit a report and auditor's statement of Ute Project account 10 the Econ omic Development
Commission . Such report shall be prepared in conj unction with Contractor's regula r yearly audit. and must :ie
submitted w ithi n sl~ (6) months art.er the close of the then current Contractor's fi scal year.
7. Personnel . The Canu-actor represents that he has. or w ill secure al his own expense. unless
otherwise stated In Exhibit A. all personnel , as employees of the Contractor. necessaf'/ to perform the wcrl<
•
and services req ,Jired to be perlormed by lhe Contractor u nder this Con1rac:. All or the services required •
hereunder will be performed by the Contractor or under h,s supervision. aJ'ld all personnel en;;aged in the worl<
shall be fully qualified and shall be authorized nder State and local law to perform such services.
Page 2 or 7 Pages
•
•
8. IDdlPI04tnl Contractor Reta)lonshlp .
THE CON]JW;"ros SHALL PERFORM ITS DUTIES HEREUNPCR AS AN INDEPENDENT CQNTitACTQR =cc:sim~.'t.. ::za.e:t1:t3~°!¾1Gctr£0:h.~l'o';,0M,EfAt~
CONTRACTOR SHALL PAY WHEN DUE ALL REQUiRl!Q l!MPLOYMl!NTTAXESANQ !NCQMI LY AND
LOCAL Hl!AQ TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT, CONTRACTOR
ACKNQWl..lpGESTHATTHI CONTRACTOR AND rrs EMPLOYEESARI! NOTENTQJ.ID TO UNIWPbAY·
NENT NIURANCE BENl!ATS UNLESS THE CONTRACTOR OR A IHIRQ PARJY PRQYIQES SUCH
COVQAGl!ANQTHATTHE STATE DOES NOT PAY FOR 98 OTHERWISE PRQVIDESUCH CQYiMoC,
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLil!Q. TO BJND THE STAT]! JO
ANY AGREEMENTS, LIAB ILITY OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH H E;U!fN.
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (ANO SHOW
PROOF OF SUCH INSURANCE! AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMCUNTS
REQUIRED BY LAW, AND SHALL BE SOLEL V RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,
m ENeLoveEs AND AGENTS.
9 . Termination of Contract ror Convenience of Either Pa rty . Either the State or the C;:ntrac-.=, may
terminate this Contract at any ti me the party determines that the purpose of the Conu-ac: ·.-c: _Jd no
longer be served by co mpletion of the Project. The party desiring to terminate the Contrac: sr:a:J effect
such termination by givi ng written noti ce of termination to the other party and specilyin; the ¼~ec:ive
date thereof, at least lhorty (JO) days prior thereto. In that event , all fin ished or unfinished dcc....-nents
and olher materials sh II . at the option of the State, become i ls property. Contractor shall re::a-1 'unds
advanced and not expended in accordance with the terms or this contracL Contrac:er sr:a! "l ot 1111
relieved of an y obligations to repay fu nds advanced as a loan , notwithstanding any termina ccr. cf the
conlrllct for co nvenience.
10 . Termination of Contract ror Cause; Repayment of Advanced Funds
a . If, through any cause. the Contractor shall ra il to fulfill In a timely and prcp er ma.-::er its
obligation s u nder this Contract, or if the Contractor shall violate any of the ~-. e:-,ants,
agreements . or stipulations of this Conll'ad, the State sha.11 thereupon have the -:;;nt 10
terminate this Contract for cause by giving written notice 10 Iha Contractor of suc."I te=--ialion
and specifying tne effective dale thereof, at least five (5) days barore Iha effective da te =f such
terminaUon . In tna1 event. all finished or unfinished documents. data, su.:c ies. s--'Vey s .
drawings , maps. models. photographs. media contracts and reports or other material ;:~cared
by the Contractor unaer this Contra.ct shall, at the option of the State, become its ::-::::arty:
.;nd Iha Contractor shall be entiUed to re~ve j ust and e uitable compensati c:: ':r any
satisfactory work completed on such documents and other materials.
b. Notwithstanding the above. the Contractor shall not be relieved of liability lo the Sta:a ~r any
damages sustained by the S tale by virtue of any breach of the Contract by the Contrac-~r. and
the State may w,thhold any payment to the Contractor for the purpose of setoff until s:..,;-, lime
as the exact amount of damages d ud to the Slate from the Contractor Is delerminac ..
c. lf runds have been advanced lo the Controctor. Contractor shall repay such fu n .:s to :r.a extent
they are not e•pended In accordance with the terms of this contract at the lime :f te=--.ation.
11. ~-The Slate may. from time lo ti me, requ!re changes in the scope of services cf the ~:,tract
to be performed hereunder. However. th is l..:ontract ;s intended as the complete lntegra::c:-of all
understandings between the parties al this time, and r,o prior or contemporaneous adciUcn. ::a.etion,
or c .1er amen dment hereto. in dudlng any increase or c'ecrease in lhe amount of moni es to :e ::aid lo
the Contractor, shall have any force or effect what~oever unless emoodled in a w:-:11en ::::ntract
amendment incorpo rating such cnanges e•ecuted a11d approved pursu2r>t to the State's Fisca. ::;uies .
Notwithstanding this prov,s ,on . changes in the ti me of perforrr:ance may be agreed tc by 'e::~-,f so
provided ror In Exhib it A . and co nt ra c:or may make ad justments cf less : .an 10 percer.: .n ::1.::;e1 line
items as provided fo r in paragraph 5 of !hos ContracL
12. ~-Al least two (2 ) copi es of all reports prer ,red as a r es ult or th e Project will !::e su !::~::ad to
the Economic Oevelopment Commission within two (2 ) wee<s of completion of such re~or.s .
Paga 3 of7 Pages
13. Conflict of 1n1eru1-
L
b.
No itmplOyee of 1he Contractor shall perlom, or provide pen.ume ■ervlcn ror compenaatian,
monetary or otherwise, to • coneuttant or consultant llnn tnat has t>eeri retained !:ly the
ContradOr U11der the authority or lhie Contract.
Th• Conlracior agn,ea that no person et any Hrna exercfsng any function or responsibility, In
connection wUh the elements of this project lhet are ftnanced witn Slate funds. on behalf of
Iha Conlnlctor shall have or acquire any personal ftnanclal or economic internt, diraet or
indlrect, which wiU be materially affected by this Contract. except to the extent that he may
receive compensation for his performance pursuant to lhla Contract.
c. A personal nnencial or economic Interest includes, but ia not tlmiled to:
d .
I. any business entity In whieh the person has a dlract or Indirect monetary intere.st
ii. any real property in whi ch the person has a direct or indirect monetary interest
iii. any source of income. loans , or girts received by or promised to the person ·Nithin
twelve ( 12) months prior to the executio n date or this Contract:
iv. any business entity In which the person is a director, officer, general or limited panner,
trustee , employee. or holds any position of management.
For purposes of this subsection. indirect Investment or intera,t means any investment or
interest owned by the spouse, parent, brother, sister, son , daughter, l aL'ler-ln-,aw,
mother-in-law, brother-I n-law. sister-In-law, son-In-law, or daughter-In-l aw or the person by an
agent on his/her behalf. by a general, limited , or silent partner of the ;,arson, by any business
entity controlled by said person . or by a trust in wh ich he/she has substantial lnteresL A
business entity is controlled by a person ii that person, hlslher agent, or a re lative as calined
above possesses more than fifty percent (50%) of the ownership i nterest. Said person has
a substantial economic; Interest In a trust when the parson or an ab o ve-defined relaIive has a
presenl or future interest worth more than One Thousand Dollars 51,000.00).
In the event a conflict of interest. as described in this Paragraph 13 , cannot be a voided wnhout
frustrating the purposes of th is Contract. the parson involved in such a conflict of i nterest shall
submit to the Contractor and the State a full disclosure statement setting fo nh the details cl
sueh conmct of interest. In cases of extreme and unacceptable conflicts of interest. as
detennined by the State, the State reserves the right to tenninate the Contract for cause. as
provided in Paragraph 10 above. Failure to file a disclosure statement required !:y this
Paragraph 13 shall constitute grounds for Iennination of this Contracl for cause by the State.
14. Compliance with Applicable Laws . Al a ll ti mes during the perfonnance of this Contrac:. the Conlractor
shall stricUy adhere to all applicable federal and Slate laws that have been or may hereafter ::e es-
tablished .
15. Subcontracls. Copies of any and all subcontracts entered into by the Conirac:tor to accompli sh this
Project will be submitted to the Economic Development Commission upon request by the State. Any
and all contracts entered into by the Contractor snail comply with all app l icable federal and Colorado
state laws and shall be governed by the laws of the State of Colorado nolWilhsianding previsions
therein to lhe contrary .
16. Severability. To the extent tha t th is Contract may be axecut.ed and performance of the obligati ons of
the parties may be accompli shed with in the intent of 111e Contract. the tenns of th is Con tra c : are
severable. and should any term or provision hereof be declared invalid or ~ecome incparative '.er any
reason , suc.'1 invalidity or failure shall noI affect the valloity of any other te rm er provision h e reof. The
waiver of any breach of a tenn hereof shall not be cons1rued as wawer of an y other :arm.
17. Binding on Successors . Except as herein otherwise provided . this ag reement shall inure to the :a n efit
of and tie binding upon the parti es , or any subcontrac:ors hereto. and th eir res~ecti ve succ8sscrs and
assigns .
18. Assignment. Neither party. nor an y subcontractors hereto. may assign its n ghIs or duties ur«:ec th is
Con tract wi thout the prior w ri tten con sent of the other party .
Pag e 4 of 7 Pagu
•
•
•
•
•
•
18. Umjt,dqn IP PwSlelW Fyndf. The,~ ~ ~ ~lze lhat the Connctar Ill to be
paid, reimblned, or oltlenwiN ~ wtttl t.indl ~ to the Stale far the ~ ot
cantradlng for the HIVlcn provided far '--In, arid lherefora, the Contractar exprealy l>ndal_.lda
and avr-lhal al Ila 11g11-. demands and clalma to compe11Nllon ai1alnQ under lhla Connet -
contingent upon receipt of such funda by the Stet& In the ~ that auch l'unda or MY pat thereof
.,. not received by the Slate, the Slate may immedlemly termlnale lhl ■ Contract.
20. Mjngrtty Mow Enppd11 PWUc;ipat!on. It I■ the policy of lhe Slate of Colorado lhel mln011ty
bualnes■ ente,prt■N llhall have the maximum pnidlcable oppo,tunlty to per1k:lpete In the perform.lCII
of Ila conatruc11on grant contnlets. Th• Contractor llgl'9N to use Ila bNt effcrta to carry out ttll■ pollc:y
to the tudest utent practicable end conslat8nt with the efflclent perlormance ot lhi■ Contracl A■ UNd
In !his Conlnlcl. the term "minority business enterprt■e• means• business, al last 50 percent (50%)
or which ia owned by minority group mambera °'• in the cue of publldy owned bualne ..... at INal
51 percent (51,.) of the stock cfwhlcn Is owned by minority group membtn. Forth• l)Ul'l)OHS of lhia
denniUon, minority group membera _. Negroes or Blade Amllr1cala, Spanl■h-spuklng Americana,
Asian Amerlcan1, American Indians, American Eskimos and Amerfcs, Aleut■. The Cc nf'laCIOr may
rely on written repntsenlalions by blddens, contracto,s, end subc:01 1trador.s regan:tlng their 1,1. u
minority enterpr1saa and need not conduct an independent lnvntlgalion.
21. Parties' R"'tlonshlp. Except with ntapect to Its fiduciary obligation■ to the Slate set 10t1h in Exhibit
A, the Contractor shall not be deemed en employee or agent of the State. No agent or employee of
Contractor shall be or shall be deemed lo be an employee or agent of lhe State, other than for
purposes of compllanee with the fiduciary obllgaUons to the State In Exhibit A. Contractor will be
solely and enllntly responsible for its ads and the aets of Its agents, emplcyees and subcontracto~
during the performance of this eonb11d.
Pave 5 of 7 Pages
SPECIAL PROVISIONS
CONTROi.LEA'S APPROVAL
I. This <Xlfltnlct shall not be deemed valid unlll 11 shell have tieen ■ppoyed by lhe ~ I Ille S-of~ or 9UCII ...ian aa he may
deaignate . This provision Is appllcallle to any connd imdvtr,g !he ~t of money by Iha Stale. • FUND AVAILABILITY
2. F;nancial obligations of th• $1111 cl Colorado payable after ine Cllffent llscal y-are contingent upon fllncls for that,,.._. "-'II apr.,._.pnated.
budgeted and otllerwise maoa available.
BOND REQUIREMENT
3. If this contrad Involves tho payment of man, than My l.houund CiOllara lDr "• construdlon. arectlon. ~-meifltenance , or impn:lvemant of any
building , roao. bridf.le, sladuct. !unMI, e,cavelJon or other publlc wcrl< for this State. tlle COl1t8Cl0r llllall . -enl8ring upon N ~anca a/ any
such "'<lfk mduded in this contract. duly HeaJte and d et.iYs to the Stata a/lldal who wil sign th• contract. a Q<Xld ard aufflc:ient t)QnCI or 011'._ • """"!'table
r "~r • o •~ •PIJ'Olllld by sail offldal in a penal sum not less than ...-..hall ol the 10111 amount payable by the termo ol tNs connct. Suc:I\ shall
~• Jfy ••"<-led by~ qualified cx,rporate surety. condieioned upon the laiWIJI peffannance of the canl'8r:t ancl in aclelltlon, shall provide U•l K Ille
conrraetor or h lS subcontractors fa il to duty pay for any labor. materials. team hire. sustef\ance. provl:slons. pn,vendOr 01 offi• suppfin. used or cnnsumed
by such contraclO( 01 nis subcontract0< in performance at the W0fl< conncted to De acne or rans to pay any penan wt,o aul)lllla rent11I machlne,y.
~s. or equipment In tne prcseaJUon of the wo~ lhe surety will pay the same In an arnoum nol exceeding the sum s.peoffec:, L, the oond. ~• er with
interes1 at uie rate of eight per cent per al"lnum. Uniess such bOnd is executed, delivered and filed, no Claim ln favor M ttMt comradOr ansinQ und« such
contrad sl>aa De audited, allowed or paid . A certified or cashier's clMlck ora bank rnc,nayoroer payeble IO the T,_,• of th e Staie of Color do may
be accepted in I~ of a bond. This p,ovlSOl"I is ln compUanca Wtth CRS 38-2&-106.
INDEMNIFICATION
4, To tn e extent authorized by law. the contractor shall lnclemnity, save and ~d harmless lhe State. Its~ ano aoenm . aga1nat any and ail
dairns. l l.f?'!ag es. Hac~it,' and court awards indudfng costs. expen ses, and attomey tees incurred as a result of any aa or omiutOn by the contractor,
or its emJ:lloyees , agerits. subCOnttadO<s, or asstgne-e:s pursuant to the terms of tn is contract.
DI SCRIMINATION ANO AFFIRMATIVE ACTION
5. The contractor agrees to comp1y with the letter and spirit of the Colorado Anddiscrimination Ad of 1957. as amend'ed , and cuier appllca~e law
respecting discrimination and u.nfalt employmentpractica tCRS 2~J.4-402), and as requited by Executive Order . Equa10pc:icrn.,n1ty and All'rmali"'e Action,
dated April 16, 1975. F-ursuiJnt therero. tl'ls foJtowin9 provi SJOns SllaJI be contained in all State conrn,ctS" or .sub-c:onrracis. •
Dunno tne performance of tn~ contract. the co ntra ~.or agr ,. a.s toltows:
(1) The eontrae'.or will no1 discrimina1e against any employee or appUcan1 for emp~ent becau.se of race. aeec:1 . co6ot. national origin. sex. marital
status. religion , ancestry, mental or physical handicap. or age. The ccntractor wil take affirmative action 10 insure cnat aootlcants are empleyed, and
th.al emplme.e.s are trealed durino amployment w,tl"lout regara ta lhe ■t>ove mentioned cnaracterisdc::s. Such acdon shall include , but not be lim ited to
tne following: emi:i10yment. upgrading, demo1km, or transf,n-. reauitment or reovitme:nlactvertisings: lay-cffsor terminations; rates cf pay or other forms
of comoel"L5atkm: and sele-ction ror 'tra ining, including apprenticeship. The contractor agrees to post in ccnspi~! places. available to employees and
applicmcs tor employmen 1. no1.1c1H to be prcvl(jed by the contracung officer setting forth provlSions or this ~un1natlcn dau.se.
(DI The ccntraCIOr wWI, in all soliatallons or oovertlsemeots for employees placed by or on behalf cl lhe conlrllctCr, state 1118 1 all qualllled applicants
w wl receive conslC!erallon ror e m ploymen t 'Nithout regara to race. creed. color. nadcn.aJ origin, sex, marital status, retig:ion, ance,t!"'/. m ental or physical
handicap, or age.
(cJ The contractor wm send ta ead'l laoor union or reprasentativfl: of workers witn wnich he has a collective bargaining :agreement or other connct
or u nc::ler.:standing, notice to be providec by the eontrac:ing officer. advising tt,e taoor vnion or wotkers' representatrve o! the COf'\ftctor's commitment
under lhe Executive OrC::,r , E,:iual Opportunity and Affirma tNe Acticn, dated April 16, 1975, and of the rule5 , regulatio.,s. and r elwant Orders of tne
Governor.
(d ) The conuactor and tabOr unions wil l rum~h au information and re;:>Ol"l3 reQUir-ec by Executive Creer, Equal Opportunity ana Affirrna~•Ac+Jon c,
Apnl 16. 1975. iJnd by th e ru les, regut anons and 0 rde1"$ of the Governor. or pursuant thereto. and 'MIi pemiit acc ess to his books, recotd.S, aM
ac count$ by the contracting agency and trie office ot the Governot 01 is des)Onee for pur poses or investigation to ascertain c;:cmpliance witn sucn
nJ;e.s . reculation.s and c rcers.
(e l A labor organ1za t}Q n will not e.xCIL:Ce any individual ouierwisa ,c;ua1,tiec '-om full m embership rights in suCh tatx:ir organization. or exp~ an'/ such
,naivc:.:al frcm m1mc91sh1p 1n sucn tabor organ1 za tlon or d !:s c:rini ui.ate ag~i..'l.S t any of its members in tt\e full enjoyment of work cc,conunlty , b&eause
ct race. creed , co~r. sex. nauonal oriQnn. or ancesuy.
(f) A laoo, crlj1a.nruuon. er the em;:i loyte:s or memoers thereof w dl nc1 a.io . t .>4'l. illClte . compel or coerce the cl01ng er any ae1 defined ln inis eonrract
to oe CL$C:-tmmatory Of obstruct er ;:,revenl any person from compJyil"IQ with die provisJOns cf tn is contract or any on:ier lSSUed lhereunder: or attemp ..
e111ier diredy or lnc!irec::!y . to commit any act definea ~ tnis c:ontrac: tO tle c.iscrfminatoty. -
Form 6-AC-02B
Rev,sed 1/93
315-,3-01•1022
Page _§_ of _7_ Pag es
111)' 111 Ille e¥9nl ol 111• c:orunclDl's nan-<0ffll)llance wtll1 Ille IICIIMlaa1miNl11011 csa.. ol 11111 contracl or wfttl any such IIJlea. '9QUllltloM, c, era ...
111it1 camract may be ctncalecl, -led ar ouapendecl In -or In per! -1118-may bed-lnellllible for~ s-camn,c::a In
--i,roceclWN, GUl'10riHd In EUCUMOl'da'. Equal OpponunftyllllllAll!rmatiWACllonol Apnl 18, 1971f. or by ....... ,eguladorlS or era .. C"8:ted In_...,. lhwewitl,, and sue/I -ul1Cliona •maybe lmpoMd-rer1l8dln •maybe lm,c,l<ed • pr0lridecl In E•e .. nlve Creer. ~::::·:=:=:~:~:,::·,==~==--::::= ~.J: .. rer,iulalions. or ard .. iaued putS\1110110 ElacudV• Ora«. Equal O~nd Alllrmelfv• ,\dlon ol April 111, 1975, 10 lhal llUCII provio,ono
==~=:a~~~~=~~~~:-:=i~~~~I~~
Ula connCIOI' -involved In, or Is t11r•-wtu,, lltlgatlon, wllll Ille SUl>0ar1lraCl0r or Yend0r u I reS1.dt ol such dlrectian by Ille c:nnc:1ng
_..:y, Ille conll'1iacl may requ•• u,e StatectCClaraclc 10 eni. in10 sucll litigation 10 protacl Ille ln-t of th8 State olCalarado.
COLOAAOO LA80R PREFERENCE
Ila. Provl1lcns ct CRS 8-17-101 & 102 tot i,roferenca ot C<llOladO labor are applicable 10 this conb'ad if public worb withlri 111• State are unc:enaken
hereundar and .,. financed in wncie or In pan t>y State funds.
b. When a oonsirvClion contrad for a pul)llc p,Ojeet 11 10 be awa,ded 10 a blddar, a reslaenl bidder shall be alk>w«I a preference agp,s1 a non-,esiaenl
~=~::•,:.:,C:~c~~':'.~:-J:i=g~~ ==~~i::~u:."°'.'~~':::.u:s=r=::i=~-= otherwise be ava~a01e or would 0111_,,,e be 111C011JlI1en1 will\ requirements cl Fad-law, lhis subsoction shall be 1u1pended. tlul only 10 tt-.e ex1en1
nec-ry 10 prevent den,., cl Ille moneys ar 10 et,mina<e !he lnconllisiency wilh Feder■! roquireme,,ts (CRS 8-1!H01 •nd ''lZI,
GENERAL
7. The laws of Ille Staie cl CCloradO and rulea an<S regutatlons issued pursuant 111•-shal be applied in lhe interi,,etatlcn, execution, and enfctumen1
~ =~~~-~~~lnlh~:~\'8.;,:i,w:;:.:.~:~.:;:.i;:~n~J~:"1c1~:' ~•.:;_.,.,!,~:' :rn!~'r.,"j;:;~v:X
inccrpcn111a nere,n Cly reterenca wnicn purpcrts 10 n-1• lhis or any other special prnvillon irl whole or in pan shall be valid Ot eruc,,ceable or available
in any action a1 1aw wnelhe< by wey of complaint. defense. or othetwise. Arff provision rende<ed ruJ and void by th e operation of ll'lls prov,slc11 WIii not
invalclate the temainder cl 1111s ccnlraCI 10 Ille ulMI 1h11 Ule conb'aCI Is capable of exea,tion.
8. Al all times during u,e performance of !his ccntracl. ll'le Ct)ntrac!or shall stricttv adhere to au ,applicable fecleral and stale lawa. rules 3nd re;-~at10ns
that have been o, may hereafter be establlshed.
9. P\nuan110 CRS 24-30-202.4 (as amended I, the slate conl/'clter mey wtthhold debts owed 10 state agencies undOf lhe vendor offsel intercac1 sys1em
for : (a) unoate cnlk:! suppcn dect or Child support arrurages: (b) unl)liid balance or tax, acx:ruea int•esl or ouier charges speeir~ in Mide 22. 7llle 39,
CRS; (c> unpaid IOans clue"' lhe student loen division of 11\e depa,tme,,t ct higher education; ltll OWed amounis required to be paid 10 u,e unemCtCYmeni
compensation funa : and (eJ omer unpaid debts ovving tc the stare or any agency thereof, the amount cf which is found to be owing as a result cf final t ~ determination or reduc.ed to Judgement aa certified by the o:::inttoUet .
. The•ignatones avenhattney are famdiarwilhCRS 18-8-301 , eL seq., (Bribery and Carrup1 lnnuences> and CRS 18-8-401, oL seq., (Abuse cf Public
rfice). and tnal no ·,ictaoon of sucn pr0V1S 1o ns is pres.enL
11. The sign.atones aver Uiat to tnetr lfflowfe-dge. no sta te employee has any ?@1'SOnat or beneficial lnterest whatsoever in uie service er ;::rcperty
desaibed here,n:
tN WITNESS WHER.EOF. the partie.s hereto have exeC1Jted this Contract on the day llrs1 abOve wmten.
Contrac:or:
CITY OF E:-:GLEWOOD
(Fua L egal Namel
Thgras J. Burns
Position (Tid•>--'Ma=.~.a==---------------
8~-6000<SJ
(If Corpora1lcn·1
Alles! (S031)
I.oucrishia A. Ellis, City CJ.erk
PRE-APPROVE~ FCRM CONTRACT REVIEWER .,---=-------E van ,\lc:tc:i lf
Fonn5..:.C42C
R~7197
STAn; C F COLORACO
BILL OWENS, GOVERNOR
By:-:==-====c:--------------For the EJ<Ecvm,e 01RECTOR, F. Roben Lee
OEPARTMENT
OF Colorado Office of Economic Develoome:it
APPROVALS
STATE CONTRCLLEFI
Arthur L . Barnhart
By _=-_.,... ______________ _
Tern Bell
lU-~1-1030 Pago J_ which is the last ct ..J_ P .iges
•
EXHIBIT A • SCOPE OF SERVICES AND PAYMENT SCHEDULE
•
•
•
eoc #470
ExH1111T A
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Qescdptton and Regyiremenq
The Project consists of providing the Contractor wi th matching funds fo r the promotion o f ~nomic
development in Iha Arapahoe County Enterprise Zone area. These funds shaU be used ':r :he purposes
of promotional activi t1~s that will market and advertise the advantages of locatlng a busi r.ea in Iha
con tractor's enterprise zone area, create a positive identity ror the enterprise z one area. !lnc::iurage
relentio n and expansion of existing businesses, promote redevelopment, expand the r9G:a l'a tourism
industry . aItract new bu sinesses, and generally enhance the economic growth of the an[M"jriH zone
area. SuCh activities shall inci<Jde the preparation, production, and/or distribution of man<E. research.
printed malerials. direct mail campaigns, print media adv ertising, trade show promotions. s::>eeial events,
direct business prospect visllatlon, and o ther cl osely relaled ac •I ti n s. No more than 2 !: :-eccent of
these funds may be used to pay for coniracIor's admlnisIrativ1J c: ~raff costs.
Contraclor may allocate fu n ds lo one or more subcontracl ors invc •·•ed in p romoti on anc =n omlc
development activities in the enlerprise zone. Contractor shall be :esponsible for ens<:nr,;-;ind
documenting the expenditu re of the required local matching funds by ConIrae1cr or by its
subcontractors.
The conlri buUon from the Economic Development Fund under th is Contract shall not ex~= :he amount
of local matching fu nds expended on th is project or SEVEN THOUSAND FIVE 1-!UNDR:; ::ollars
~-whichever is less. All project costs in excess of th is amount will be the respc:r.s=,iity of the
Contractor. Contracto r shall malch E .0 .C . funds used on th is project wilh at least a dcll ar-'or-dollar
cash ma tch fr om local sou rces . Local expenditures on enterprise zone marketi ng prc jec::;; ,ncurred prior
to the effective date of thi s project b ut sutsequent to Jan uary 1, 200 1, may be eounle<: ·=A-ard th e
matching fu nds requirement, provided th a t suCh expendilures have noI been used 10 rr.ee-: =mer state
contractual matciiing fund requirements .
The performance of the servic es required h ereunder sh all be under the direct s u pervis;cr :;! J2.ilrlw.
Holli ngsworth , an employee or agent o f Contractor, who is hereby design ated as the 2c :-ir.1-
strator-l n-charge of this Project
2 . Time of Performance
The Projec t shall commence upon executio n of th is Contrac t. The Contract w i!' expire er • :.m e 30.
agreemen I o f the State a nd the C ontractor. A request fer ext en sion by th e Contractc r s.--=-:e
s u b mitted to the S tate at leas t 30 days pncr to the e xpira tio n of the ConIract w ith a fu ll .~=aIlo n for
the extens ion rec;u esl.
EDC # 470 • Exhibit A
Page 1 of 2 PGQH
3,Mat
~121:wBfi
E .O .C . Funds $7,500 M ■r1<et Rewan:11, Publlcations, Adv■rtls l ng,
Sp■dal Events, and Direct Marketing for lhe
Arapahoe County Enterprise Zona Program
511,250
Local Funds 7 ,500 Zona Admlnistratlon 3 ,750
TOTAL S15,000 TOTAL $15,000
4 . Payment Schedule
I. Sb,500
II .
Ill. ,.ooo
S7,500
Initial payment to ba paid upon raqua:St by the contractor following the execution of this
contract; or
Interim payments lo be paid upor• request and lhe submiaslon of proper documentation
of expenditures of E.O.C . and loc:11 funds and work progress.
Final payment to be made upoa s,;i~sfactory c:ompleNon of the Project. The Contractor
will ~u bmlt a final fi nancial ancl narrative report doaJmenUng the expenditure of all
E .D.C. funds for wh ich payment h«s been requested and of matching local funds.
TOTAL
Requests for payment will be initiated by lhe Contractor In accordance with the provisions of Paragraph
6 of the main body of this contract.
5. Monitoring
Colorado Economic Development Comm ission staff will monitor this Project on an as-needed basis.
6. Repo,tlng Schedule
The Contractor will submit an interi m fin ancial and narrative report ~roper1y documenting all expendlturas
of E .D .C . funds at the time intori m payments are reQues ted. The Contractor will submll a final financial
status report properly documenti ng all expenditures of E.D.C. fund~ at lhe lim e lhe final payment ia
requested , in acc:ordance with Iha payment sctiedute.
eoc • 410 . Exhibit A
Page 2 of 2 PagN
•
•
•
•
•
•
EXECUTIVE CHAMBERS
I J 6 S<••• Cap lrol Ot..,,,.,, Colo<odo 8020l-1 7'JZ
.Pt\ol'W!!I f)OJ) 866-2,11
August 25, 2000
Jim Kenyon. Chairman
STATE OF COLORADO
Co lorado Economic Developmen1 Commission
162 5 Broadway, #1700
Denver, CO 80202
RE : 2000-200 1 Enterprise Zone Marketing Grants
Dear Jim :
[n accordance with CRS 24-46-1 0 . I have authority to review and approve
recommendations by 1,.e Colorado Econ omic Dev eiopmen1 Commission for expenditures
from the Economic Development Fund. I hav e reviewed the enterprise zone marketing and
administra1ion grant p rojects as specified on the attached list and hereby approve the
expenditure ofur 10 a total of SJ00,000 from the Co lorado Economic Development Fund
for these projects.
Go\'emcr
An::.chm ent
Colorado Economic Development Commission
2000-2001 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
#469 Adams County Economic Development, Inc.
#470 C ity of Englewood (Ara pahoe County EZ)
#471 Denver Urban Economic DevelopmP.. ,;rp.
#472 East Central Council of Local Governments
#473 El Paso County
#474 Greeley/Weld Economic Development Action Partnership, Inc.
#475 South Central Council of Governments
#476 Jefferson Economic Council, Inc.
#477 LarimerCounty
#478 Western Colorado Business Development Corp. (Mesa County EZ)
#479 Northeast Colorado Association of Local Governments
#480 Associated Governments of Northwest Colorado
#48 1 Pueblo County
#482 Reg ion 10 League for Economic Assistance & Planning
#483 Upper Arkansas Area COG (San Lu is/Upper Arkansas EZ)
#484 Southeast Colorr1do Enterprise Development , Inc.
#485 Region 9 Economic Development District of Southwest Colorado
#486 Enterpris~ ~o n e Trade Sh ow Marketi ng (East Central COG}
$10,500
7,500
10,500
22.000
7,500
10,500
22.000
7,500
7.500
22.000
22,000
22.000
10,500
22,000
22,000
22.000
22,000
30.000
$300,000
,.
•
•
•
couNqL COMMUNICATION
.., .,
DATE: AGENDA ITEM SUBJECT:
August 20, 2001 10 a i Colorado Department of Local
Affairs -Enterprise Zone Marketing
and Adm inistration Grant
IN ITI ATED BY : STAFF SOU RCE: I Community Development Department Darren Hollingsworth, Business Developm ent
Soe c ,a lis t
COUNCIL GOAL AND PREVIOUS COUNCIL ACTIO N:
Co mn,unity D evelo pm ent Goal: Initiate business retention, revitalization, and growth strategies.
Community D evelopment Go;a l: leverage City resources through grant funding.
City Council has approved previous marketing and administration gr an t contracts with iie State
Department of Local Affairs to su pport the Arapahoe County Enterprise Zone.
!l i:COMMEN DED ACUON:
·-
Staff recommends tha t City Coun cil approve the attached Bill for Ord inance accepting $7,500 from
the Colorado D ep artment oi Local Affairs (DOLA). These funds will be used for Enterprise Zone
mar ketir,~ and administration.
BACKGROUND. ANALYSI S. AND ALTE RN ATIVE S IDENTIFIED :
In 1990. the City applied to the Colorado Department of Local Affairs and was granted Enterprise
Zone status for a majority of the industrially -tnd commercially zoned property in Englewood. ~e
South Broadway corridor and C ityCenter Englewood site rece ived Enterprise Zone designation
effective July 1, 1998.
The Department of Local Affairs has a competitive gr~nt program for En terprise Zones, which
provides marketing and administrative support This is the shcth consecutive year Englewood has
applied fo r and rece ived this funding.
The Enterprise Zon is used in Englewood as a vehicle 10 support business retention and
commur.ity ma,kering ac!i vities. Marketing acti ities encourage businesses to take advantage of
Enterprise Zone tax credits and highl ight the En gle , ood business community .
EINANC!Ab IMPACT;
The Colorado Department o f Local Affairs requ ires that the City provide matching funds to meet •
grant requirements . The attached Contract between DOLA and Enelewood pledges $7,500 i n local
matching funds to meet this obligation. These funds are i nduded i n the Community Development
de partmental budget. Grant and matching funds will be use d for a v ari ety of Enterprise Zone
mari<etlng and adm i nistrative activities.
LISJ QE ATTACHMENTS:
Proposed Bill for Ordi nan ce
DOLA Contract
•
•