HomeMy WebLinkAbout2000 Ordinance No. 062ORDINANCE NO~
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 65
INTRODUCED BY COUNCIL
MEMBER GARRETI'
AN ORDI NANC E AUTH OR!ZING ACC EPTANCE OF A $7 ,500 GRANT FROM THE
COLORADO DEPARTMENT OF LO CAL AFFAIRS (DOLA ) FOR ENTERPRISE
ZONE MARKETI NG AND ADMI NISTRATIO N.
WHEREAS, in 1990 the City of Engl ewood a pplied to the Colorado Departme nt of
Local Affairs and wns grante d, Enterprise Zon e statu s fo r a majority of the
industrially and comme r cially zoned property in the City of Englewood; and
WHEREAS, the So uth Broadway corridor and the Cinderella City aite received
Enterprioe Zone des ignation effective July !, 1998; and
WHEREAS, the Department of local Affairs has a co mpetitive grant program for
Ent erpri se Zone s , whi ch pro vide s marke ting and adminis tr ative support; and
WHEREAS, thi s is th e 5th year in whi r.ii th~ Communi ty Development Department
of the City of En glewood has appli ed fo r and re ceived suc h funding ; and
WHEREAS , the Enter pris~Zon e is used in the City as a vehicle for business
rete ntion ; and 1 \
WHEREAS. by encoul a ging businesses to take advantage of Enterprise Zone tax
credits, an opportunity is crea ted for bu sines ses to strengthen operations throu&h
reinvestm ent of these doll ars bac k in their busineas; and
WHEREAS . the Colorado Department of Local Affairs requires that the City
provide matching fun d!I to meet gra nt requireme nts ; an d
WHEREAS, the Contract betwee n t he Colorado Department of Local Affairs and
the City of Englewood pledge s $7 .500 in loc al matc hing funds to meet this obligation ;
and
WHEREAS, this Grant a nd the matching fund s wi ll be use d for Enterprise Zone
mark eting anC: adminis tration in the Ci ty of Engl ewood;
NOW , THEREFOR E, BE IT ORDAI NE D BY THE CITY COU NCIL OF THE CITY OF
E NGLE WOOD . CO LO RA DO. AS F OLLO WS :
St.-:1li2n..l . Th e Contract betwe en the Co lorado Departm ent of Local Affairs,
C-:onmn ic Deve lopment Commissio n fo r th e acce pt.once of n $7,500 Grant to be use d
fo r Er.te rprise Zon e Marke ting and Administration and the City of Engl ewood is
attached here to as Ex hi bit 1.
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~-The Contract between the Colorado Department of Local Alraira,
Economic D,velopment Commission for the acceptance of a $7,500 Grant is hereby
accepted and &pproved by the Englewood City Council and the Mayor is authorized to
exec ute and the City Clerk to attest and seal the Contract for and on behalf of the City
of Englewood.
~-The City Manager and the Finance and Administrative Service• Director
are authorized to transfer matching funds from the Gen eral Fund Unreserved Fund
Balance to the Community Developm ent Budget of the City of Englewood, Colorado.
Introduced, read in full , a nd paased on fir st reading on the 7th day of August,
2000. .
Published as a Bill for an Ordinance on the 11th day of August, 2000 .
Read by title and passed on final reading on the 21st day of August, 2000.
Published by titl e as Ordinance No .~ft.-series of 2000, on the 25th day of
August, 2000 .
I, Lo ucrishia A. Elli s, City Clerk c.. the City ofEngiewood , Colorado, hereby certify
t;1at the above and foregoing itt a tru e copy g( the Ordinan ce sed on final reading
and published by title as Ordinance No .~eries of 20 .
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ECC 114....il.
NM
CONT'llll,CTlltOUTINGNUMIM
CONTRACT
THIS Contract, made this __ day of ____ , .lQQ!L by and betwHn the State of Colorado
tor the use and benefit of the Depanment of Local Allairs, Economic Development Commluion ("E .D.C,'),
1313 Sherman Street, Denver . Colorado 80203, hereinafterreferred to as the State, Ind City gf Engjewoog
3400 So . Elatl St Englewood . CO 80110 hereinafter referred lo as the Contractor.
WHEREAS , authority exists in the Law and Funds have been budgeted , appropriated and olherwi~e
made available and a suffic ient unencumbered balance thereof remains available for payment in Fund No .
jj§_, Approp . Code .11§_, Org. Unit .fil!8Q_, GBL ___ , Contract Encurr.b . No . E'21EOC437 : and
WHEREAS . required approval, clearance and coord ination has been accomplished from and with
appropr iate agencies: and
WHEREAS, the Slate desires to promote economic deve lopment in Colorado by assisttng local
communities in expanding their economic base; and
WHEREAS, pursuant to 24-46-101 to 105, C.R.$. 1987, the Colorado Economic Development Fund
is created, and is to be administered by lhu Department of Local Affairs: and
WHEREAS, applications for distributions from the Colorado Econr.mic Development Fund have been
received by the Economic Devel op ment C-:>mmission : and
WHEREAS, the Economic Development Commissicn has review ed and recommended to the
Governor that the project described In this contract be fio anced with a grant ; and
WHEREAS, the Governor has authorized expenditure of money from the Econom ic Development
Fund to finance the project described in th is contract; and
WHEREAS, the Contractor is an eligible recip ient of Colorado Economic Development funds;
NOW THEREFORE ii is hereby agreed that:
1. Arca Covered . The Contractor shall perform and accomplish all the necessary work and
services provided under this Contract , as described in the attached Exhibit A, which is incorporated herein
and made part of this Contract by reference, in connection with and respecting the following area or areas :
ArapahM County
2. Scope of Services. In consideration fo r the monies to be received from the State, the
Contractcr shall do. perform, and carry out, in a satisfac tory and proper manner , as determined by the State,
all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A, hereinafter
referred to as the "Projecr. Work performed prior to the execution of this Contract shall not be considered
p2n of this Project .
3. Responsible Administrator . The performance of the servicec.; required hereunder ,hall be
under the direct supervision of Art Scibelli , an employee or agent of Contrac.or, who is hereby designeto.d
as the administrator-in-charge or th is Project. At any tim e the administrator-in-charge is not assigned to this
Projec:. all work shall be suspended unt il the Contractor assigns a mutually acceptable replacement
administrator-in-charge an d the Stale receives notifica tion of such replacement assignment .
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4. nme gf performance . Th is Con tract shall become effective upon proper execution of th is
Contract. The Project contemplated here in shall commer,ce as soon as practicable a~er the execution of th is •
Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance• ir,
the attached Exhibit A. No Economic Development Commission Funds provided under this contract will be
expended p1·1or to the full execution of this contract . Th• Contractor agrees that Um• Is ~i the essence In the
performance of its obligations under this Contract, and that completion of the Project shall occur no later than
the termination date set forth in the "Time of Performance."
5. Compensation and Method of Payq;"!!!, The State agrees to pay to the Contractor, i"
consideration for the work and services to be performed . a total amount not to exceed SEVEN THOUSAl;Q
F!VE HUNDAEP AND NO /1 00 DOLLARS IS7 500}. The method and time of payment shall be mad4 In
accordance with the "Payment Schedule " set forth in Exhib it A.
6. Account ing . At all times from Iha effect ive date of th is Contract until completion of this
Project , the CMITT!ctor shall ma intain property segregated books of State funds, matching funds, and other
funds associated with this Project . All receipts and expenditures associated with said Project shall be
documented in a detailed and spec ific manner. and shall accord with the "Budge t" set forth in Exhibit A.
Contractor may adjust budgeted expendi ture amounts up to ten ,ercent (10%) within said Budget without
approval of the State . Adjus1ments of budget expend iture amo•Jnts in excess of ten percent (10%) must be
authorized by the Sta te in an amendment to this Contract prope rty executed and approved pursuant to the
State Fiscal Rules . In nr • enl sh all the State 's total cons iderat ion exceed the amount shown in Paragrap h
5 above .
a. Unless (.;,. ,i;;rNise prov ided in thi s Contract. if Exh ibit A provides for more than one payment
by the State , the initial payment set forth in thfl Payment Schedule shall be made as soon
as pract icable after proper execution of this Contract. The Contractor shall initiate all
subsequMI payment requests by submitting documented proof of proper expenditure of
State funds thus far received to a contract monitor designated by the State .
b. The Contractor shall request the final payment, wh ich is the amount withheld by the Slate
until the Project is complete , for the Project by submi tting to the contract monitor a deta iled
cost accounting of all Slate funds rece ived and expended towards completion of the Pro ject.
Upon determ ining to its sat isfac ti on tha t all fu11 ds rece ived by the Contrac tor have been
properly spen t towards accomp li shmenl of the Pro1ec 1. the State shall promptly make final
payment to the Contrac tor .
c. Within ninety (90 ) da ys of comp letion of th e Pro ject, th e Contractor shall subm it to th e
contrac t monitor a detai led cost accounting of expend itures of the final pa yment received
from the State . Any olate funds not expended in connec ti on with the Project shall be
remitted to the State •• ;hat time .
7. ~-The State or its authorized representative shall have the right to inspec t, examine , and
audit Contractor's records, books and accounls , includ ing the righ t to hire an independent Certified Pub lic
Accountant of the Sta1e 's choos ing and at the State's expense to do so . Such discretionary aul.Jit ;'i'ldY be
called for at any time and for an y reas cn from the effecl iv e date of thlS Conlract until five (5) years after the
date final payment tor this Pro1ect is received by the Contr~c tor , provided that the audit is performed ot a time
convenient to the Contractor and dur ing regular bus iness hours . Whether or not the Slate ca lls for a
discretionary audit as provi--,ed tor in th is paragraph , if the Pro ject is accomplished with in a 3i ngle fiscal year
of the Contractor, the Contrac!or sha ll , at the concll ,sion of the Project , and in add ition to any other reports
requ ired , submit a report and auditor's statemer,c of the Project account to the Econom ic Development
Commission in the Department of Local Affairs . Such report shall be prepared in conjunction with Contractor's
regular yearly audit , and must be submitte d within six (6) months after the close of the then current
Contractor's fiscal year .
Page 2 of 7 Pages
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e. ~-Toe Contractor represents tha t he has, or will secure at his own exper.oe, unless
otherw ise stated in Exhi bit A, all pers onnel , as employees of the Contrac tor, necessary to perform !h~ ,vt'fl<
and services required to be performed by the Contractor under this Contract. Such personnel ma)' rt~( ~o
employee■ of or have any contractual relationship with the State and no such personnel are eligible fu· "'
employee benefits , unemployment compensation or any olher benefits accorded to state employees •· •J
Contrac tor agrees to indemnify the state for any costs for whi ch the state may be found liable in tt,,,. •,
regards . Contractor shall pay when due all requ ired employme, .t taxes and income tax withholding. Al i :l
the services requ ired hereunder will be performed by the Contractor or under his supervision, and a11
personnel ••~aged in the work shall be fully qualified and shall be authorized under State and local law !o
perform st..~., serv ic es .
9. Workmen's Compensation Coverage . The Contractor ls responsible for providing Workmen's
Compensation Coverage and Unemployment Compensation Coverage for all of its employees lo the extent
requir3d by law , and for providing such covera~e for themselv es . and for providing such coverage or requiring
its subcontractors to provide such coverage for the subcontractor's employees . In no case is th e State
responsible for prov idin g Workm en 's Compensation Coverage for any employees or s1.:bcontractors of
Contractor pursuant to thi s Ag reement . and Co:itractor agrees to indemnity the State fo1 any costs for which
the State may be found liable In this regard.
10 . Termination of Contract for Convenience of Eithe r Party . Either the State or the Contractor may
term inate this Contract at any ti me the party determines that lhe purpose of the Contrac t would no longer be
served by completion of the Project. The party desiring to terminate the Contract shall effect such termination
by givi ng wri tten nollce of termination to the other party and specifying the effective dale thereof, at least thirty
(30) days prior thereto. In that event, all finished or unfinished documents and other materials shall, at the
opt ion of the Stale. become its property . Ccntrac:or shall repay funds ad vanced and not expended in
accordance with the terms of this contract. Contractor shall not be rel ieved of any obligalions to repay funds
advanc ed as a loan , notwith sta nd ing any termin ation of the contract for conveni ence .
11. Te rm inat ion 9f Contract f9r Cause · Reoayment gf Advanced Funds
a. If, through any cause, the Contractor shall fail to fulfill in a time ly and proper manner its
oblit:ations under this Contract, or if the Contrac tor shall viola1e any of the co venants , agreements , or
stipu lat ions or this Contract, the State shall thereupon have lhe right to 1err.1inate lhis Contrac t for cause by
giv ing written notice to th e Contrac tor or such termination and specifying the effective da te thereof, at least
five (5) days before the effec !ive dat e of such term ination . In that event, all finish ed or unfin ished documents,
data , studies , surveys, draw in gs , maps, models , photographs, media co ntracts and reports or other material
prepared by the Con tractor under th is Contract shall, at th e opt ion or lhe State , become its property: and the
Contractor shall be entitled to receive just and equitable compensation fo r an y satisfac tory work completed
on such docu ments and other ma1erials .
b. Notwithstanding the above, the Contrac tor shall nol be rel ieved of li ab il ity to lh e Slate for any
damages sustain ed by the Sta te by vinue or any breach of the Contract by the Contractor, and th e Slate may
withho ld any payment to the Con tractor for the purpose or setoft unl il such lime as the exact amount of
damages due to the State from the Contractor is determ ined.
c. If funds have been advanced to the Contractor , Contractor sha:I repay such funds to the
extent th ey are not expended in accordance with the terms of thi s contract at the lime of termin ation .
12 . Changes . The State may , from time to lime, reCju ire changes in th e scope of services of the Contract
to be performed hereunder . However , th is Contract is intended as th e complete integratio n of all
understand ings between the part ies at this time. and no pr ior or contemporaneous addition , deletion, or other
amendment hereto , includ ing any increase or cecrea se in the amount of monies lo be pa id to the Contractor ,
shall have an y force or effect whatsoever unless embodied in a written contract ame ndment incorporating
such change s executed and approved pursuant to the State 's Fiscal Rules . Notwithstand ing this provision,
changes in the lime of performance may be agreed to by letter if so prov ided for in Exhi bit A, and contractor
Page 3 of 7 Pages
may make ad)uslm enls of less than 1 O percent in budget line Items as provided for In section 8 of lhls •
Contract
13. Blggm. Al leasl two (2) copies of all reports prepared as a resull of lhe Project will be submitted
lo U,e Economic Development Comm iss ion in !he Department of Local Affairs within two (2) -ks of
complellon of such reports .
14. connict of interest.
a. No employee of lhe Contrac lor shall perform or provide part•lime services forcompenaatlon,
monetary or otherwise , 10 a consullan1 or consultant firm that has been reta ined by lhe
Contractor under lhe authority of this Conlracl.
b. The Conlraclor agrees thal no person al any lime exercising any function or responsibiity,
in connection with lhe elements of this project thal are financed with Stale funds, on behalf
of the Contractor shall have or acqu ire any personal financial or economic interest, dltect or
indirect, which will be materially affected by this Contract, except lo the extent that he may
receive compensation for his performance pursuant lo th is Contract
c. A personal financ ial or economic interest includes, bul is not limited lo:
any bus iness entity In wh ich the person has a direct or indirect monetary Interest
ii. any real property in wh ich lhe person has a direct or indirect monetary interest;
iii . any source of income, loans, or gifts received by or ;,romised to the person within
twelve (12) months prior lo the execution dale of this Contract:
iv . any business entity in wh ich the person is a director, officer, general or limited
partner, trustee , employee , or holds any position of management
For purposes of this subsection , indirect investment or interest means any investment or
inleresl owned by the spouse , paren t, brother, sister, son, daughter, father~n~aw .
mother-in-law, brother-in-law, sister-in-law , son-in-law , or daught'lr-in-law of the person by
an agent on his/her behalf, by a general, limited , or silent partner of lhe person , by any
business entity controlled by said person, or by a trusl in which he /she has substantial
inleresl. A bus iness entity is controlled by a person if lhal person , his/h~r agent , or a relative
as defined above possesses more than fifty percent (50%) of the ownership interest Said
person has a substantial economic intere~, ;n a trust when the person or an above.-defined
relative has a present or future interest worth more than One Thousand Dollars ($1 ,000.00).
d. In the event a conn lct of interest , as described in tt1is Paragraph 14, cannot be avoided
without frustrating the purposes of lh is Contract , the person involved in such a connict of
interest shall submit to the Contractor and the Slate a full disdosure slalement setting forth
the details of such connict of interest In cases of extreme and unacceptable confl icts of
interest, as determ ined by lhe Stale , the Stale reserves lhe right to term inate the Contract
for cause , as provided in Paragraph 11 above . Failure to file a disclosure statement requ ired
by this Paragraph 14 sha ll cons lilule grounds rorterminalion of lhis Conlrad for cause by lhe
Slate .
15. CompllancewithAopllcable Laws . At all limes during the performance of this Contract, the Contractor •
shall slrictty adhere lo all applicable federal and Slate laws thal have been or may hereafter be established .
Pagt 4 ol 7 Pages
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16 . Subcontra cl §. Cop les of any and all subcontracts entered into by the Contractor to accomplish this
Project will be subm illed lo lh• Departmen t of Loc al Affa irs upon executi on . Any and all contracfs entetod
into by the Contractor shall comply with all applicable federal and Colorado stale laws and shall be govomod
by the laws of the Slate of Colorado notwithstand ing provisions therein to the contrary .
17 . ~-To the extent that th is Contrac t may be executed and performance of tho obligations
of the parties may be accomplished with in the intent of the Contract. the terms of this Con tract are severat,le ,
and should any term or pro vi sion hereof be declared invalld or become inopera tiv e for any reason , such
inval idity or failure shall not affect the valid ity of any other term or prov ision hereof. The waiv er or any breath
of a term hereof shall not be construed as wa iver of an y other term .
18 . Bind ing on Successo rs. Excep t as here in otherwise provi ded , th is agreement shall Inure to the
benefit of and be binding upon lhe parties , or an y subcontractors hereto, and their respective successors 2nd
ass igns .
19. As signment . Neither pa rty, nor any subcontractors he reto , may ass ign its rights or duues under th is
Contrac t with out the pri or written consent of the other party .
20 . Lim itat ion to Particula r Funds . The part ies here to ex pressl y recogn ize that the (":Jn tractor is to be
pa id, re imbursed, or otherwise compensated wi th funds pro vi ced to the Slate for the purpose of contracting
f0f the services provided for here in. and ther efore , lhe Contractor expressly understands and agrees that all
its rights. demands and cl aims to compensa tion ari sing under th is Contract are cont ingent upon rece ipt of
such fu nds by the State. In the ev ent that such fu nds or any part thereof are not rece ived by the Slate , lhe
State ma y immed iat ely term ina te th is Con tract.
21 . Minor ity Bu §i ness Enterprise Part icipation . II is the policy of the Stale of Colo rado that minority
business enterprises shall have the max imum prac ti cable opportunity to participate in the performance of its
construction grant contrac ts. The Con tractor agrees to use its best efforts lo carry out th is poli cy to the fullest
extent prac tic.,b le and con sistent wi th lh e effic ient performance of this Contract. As used in th is Contract, the
term ·m in ority bus iness en tero ris e" means a bus iness , al least 50 percen t (50%) of which is owned by
minority group members or , in th e case of public ly owned businesses , at le3sl 51 percent (51 %) of the stock
of wh ich is owned by minority group members . For the purposes of th is de finiti on, mino ri ty group members
are Negroes or Black Americans , Span ish-speaking Americans , As ian Americans , American Indians ,
Amer ican Es kimos and Amer ic an Aleu ts. The Co ntract or ma y rely on written representatlons by bidders ,
contracto rs. and sub con tractors re gardin g th eir status as min ority en terp ri ses and need not conduct an
independen t investiga ti on .
22 . Parties ' Relationsh ip. Except with respe ct to its fi duciary obl iga ti ons to the State ~, r .::rth in Exh ibit
A, the Contra ctor shall not be deemed an employee or agent of the Slate . 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
comp lian ce wit h th e fi duc iar; obl iga ti ons lo the Slate in Exhibit A. Contractor will be solely and en tirely
respons ible for its acts and the acts of its agents , employees and subcontra ctors during the performance of
th is co ntrac t.
Page 5 of 7 Pages
SPECIAL PROVISIONS
CONTROLLfR'S APPROVAL -
t. This contract sna11 not be CINfflld valid until II Sf'\111 have bNt1 aoonMd by Chi ConWDlllr °' 11\1 SIi• ol COiorado ot 11Jd1 uststanl II ht may r!ISIOl'III,..,
TNs Pt'OY11ion Is agplicaale to any ccnnct ,nvotv1ng the e11ymen1 ol trlOMY by In• State.
FUNO AVAILABILITY
2. Finandlf obliQlb-11 ol tht Staie ol Colorado payable al'tet' tht OJrratll fiscal yur a ccnlingent upon funds tor lhat purpose btlnO aiwroptiated , budgeted
and othltWtH maell avtllil ~.
BONO R!QUIREMENT
J. 11 this eontrict involves u,e payment of more than nfty thousand dollars for tht construction , erection, repa ir. ma intenance , or lmprovtmenl ot any
building , l'OICI . bridge, vilClud. tunnel, ucavatlon or other pubUc WOik lor this State , tl'lt contractor shall. bttot'I entering uc,on lhe performance of any such
'NOrk indudld in inis a:,ntracl. duly tlltalll and deliver to Int State of.icial who will sign the contract. a good and sufficient bond Of other atc::tptable surety
to 01 aporoved by said official in I penal sum not less ltlan one-nalt or !tie total lff'IOUl\l payable t,y the tennt of tntS contract. Sud1 bond shall be duty
execulld by a cuaUfted COIPOrllt surely , conditioned uoon 11'11 faithful perlom,anc:e of tnt c:ontrac:t and in addition , shall prcviae tt\at if the contractor ot his
subconltact°'s tad to duly pay for any laoor . ma tenals. team 1'11re, sustenance . provisions , provendor °' olher suppUes used or consumed by such contractor
or his subcontrac tor in performance ol 11\e ·NOrk contracted lo be done or fails to pay any person who suppllH rental mach inery , toots, or IQuipment in the
proseCtJrion of the work the sul'llty ·Mi oay tne same 1n an amour • .ot erc.Ndirlg the sum si:,tdfftd In lhe bond, IOQtthtf witn interest at the rate of eiQht
per ce01 per annum . Unless sucn corn, 11 exeOJted . ae1iv1Hed and lhd. no daim in favor of the contraCICI' arising under such contract snau tie aud ited ,
allowed °' oa1d . A certifltd or casn,ets eheCK or a oank money order payaole to th e Treasurer of th e State of Colorado may be accepted In li eu ol a bond .
This proviwn is in compHance with CRS 38·26-106.
IN DEMNIFICATION
4. To the extent authorized by law, :he contractor shall Jndermily, save and hold harmless the State, its ernplOyees and a;ents, igainst any and au d a1ms,
damages. liability and court awards lndudino costs . expenses, and attomty fees incurT9d u a resutt of any act or omission by the contractor . or its
employees, agents. subcontradors. at ulignees pursuanl to the tlffllS of ttlis a>ntract.
DISCRIMINATION ANO AFFIRM.A TIVE ACTION
5. The contractor agrees to corTOI'/ ·Nith the letter and spirit of the Colorado Antldlsaimination Act of 1957, as amended. and oth er app licable •
respectl no di1aimination and unfu" employmlf'II p,1dea (CR:S 24,.34-i02), and as rtQwed by EJ;eo.,Uve Oraer . Equal Opportun ity and At.'irma ti ve Acti r
daled April 16. 1975. Pursu111t thMtO. the loJJOWlflg proviskms shall Oe contained in all Slate contntcts 01 sub<011rracts.
Ou nng the performance of !his contract . the conlJ'ilctor agrees as foHOVrs :
(a) The contrae'.orwitl not dlscrinunaLI aga ins l any employH or applicant for emplOyment beC3use of race. creed. color. na tio nal origin, sex , manta I status .
reliQiOn . ancesuy, mental or pnysic:al handicap, or age. The conlnletot will take afflnnali\le adlon to insure thlt applicants are emplOyed, and !hat employees
are treated during employmenl 'Mthcut reg:ud 10 the above mentioned cnaractefistic:,. Such ldfon shall lndudt, but not be limited !O the following :
employmenl upg301no, demotion. or lransftr. reauirnent or recN1men1 aaver1isin;s: lay«fl « tlfflinaions; ra• d pay or othlf forms of ccmpensation :
andse!edk>nfcrtralning,induding aopren tlcash1 p. Thec:.ontraetoragreestoPoStinconspicJousp&aca.avlitilbletoemployeesandapplicants!oremplOyment,
notices to be provided by the contracting officer setting forttl provisions cf lhls non-disaimination clause.
(b) The contractor will , in all solic:tations or advertiseme nts for emplOYff:s placed by°' on behalf cl lhe contractor, state that all quaMed appli cants 'Nin
receive cons1deradon for emplOyment without reoal"d lo race . creed . colOr . na tion al origin , sex . mantal status, religion , aneeslly , mental or phy sical
handicap , or age .
(Cl The co ntrac:or wi ll send to ex:, labor unren or representalfve of workers wilh whid"t ne has a a,llective barga ining aornment or oll'ler co ntract or
unde rstand ing, notice to be prow:seo by the contracting officer. ad\llsing lhe taoor union or workers' representau,... of lhe contractor's ccmm11men1 under
the ~xe eu uve Oraer. Equal O~potturury anll Afflrmattve Ac 110n. dJIIKI Apnl 16. 1975. and of ttte rules , regulations. and relevant Orders ol lh e Gov ernor .
(dl The con tr:ic:or and labor unions 'MIi f\Jmlsn an information and reports r&qu 1red by Executive ()(tier, Equal Opportun ity and Affirmative Action cl April
16, 1975, ana !:ly the rules , ~1a1JCOs and Oroers of the GovemOf . or oursuan t tt:ereto. and ·MIi permit access to his boOks , records. and ac c~u nt5 by
the contracting agency and :tie office of tne Governor or his designff lor purposes of investl ga licn to ascerta in compliance with sueh ru les . re~ulatlons
andoroers .
(e) A labor organization will net exe!uCe any 1nd1viaua: otherwise c:u alin ed from full me moersl'l 10 rignt5 In such labor organization , or exi:el any sud'
inaividual from membership in Sl.'C"I Labor on;ani:atJOn or discriminate agains1 any of its membltrs :n 'die full enjoyment of wane opportunity , because c.• • ..
aeea. colOr, sex . national oriQn. or ancesuy.
(I) A labor on;aniza tion. Of !he emoloyees or memoers !hereof will not aid. aott incte. compel or c:cerca ltle doiOQ of any act defined In th is contract to be ats-
aiminatOtY or oostruci er prevent any person from comotying with lhe Pt"OVISKltls of this eon nd rx any oroer issueel thereunder, 01 attempt either directly ot
indiredy, to comm11 any act ceftned in :t,i s connet to be discrirninalOl'y .
Form 6-~C.028
ReYiSIKI 1/93
395-53-01-1022
Page ...L. of _7_ Pages
•
~~~-;:1:,:::.=~==:=::~a:::.":n::.::.::~=.-ia,-=:-..:-=-=== ::c=~~~dl~~-:~:,::-~~~~m:~~'!:~~~==-~,:.~
and Afflrrnatrlt Adton ot Agni 16, 1975, or Dy n.del, f'IQUSltionl «ordN'I promuiglllc:I In acmdanc:a thetewlf'I , OI U oO\ll"MN prawidlG, tty lew .
• (11) TIHIConnC10<1MDindud1 "'•"'°"1ion1ol~l•l~(11)in....,IUl>-alnnctand...-.-rs-=onllr--by"'°',
=--~'s:;'0:~=:i·=~-~tr!:wWID rJ::~-:.~=~~~~=:=----== may dirlc1. u a means ol tnfarong sud'I provtsionl, induding lll'ldior'tl tar non-cornplianca; provided, l'lewl.,., 11'111 !n 1M ...r 11'11 CIQllftCIDr t,ecamn
invorted ln,crist1n11entdwtth,liUgalion ,wi tnlf'l1subeannc:10ror'l'lndcruat'IIUtolsucnthcto"lbylNconndlngaglflC"(.IMc:anndl:Wmeyl'IQunt
Iha Stace of Calonteo to enter into sucn UIIQIDOn to prot9d the intete1t al the Stlla of Cokndo.
CCLORAOO LABOR PRErERENCE
Sa. Provisions or CRS 8-17 .1 o t & 102 for Pl"'rtrlnce of COkndo labor n appuc::al:H ta lhil contraa if publ6c wo,_, wilhin the Stlla n t610trt1ken
~ and n tlnancecl in whOII or in part by Staie Mids.
b. When I construdon contract to, 1 pub lic project Is to be awar,jld to a bidder, a resident bidder Shall be allowed a pnr.tnca againltl n(ll'Wnkl,enl bidalf
lrtim a stuecr ~ COutlll"t lQUat to ine prefl(lnct ~ «required Dy the statacrforaq, c:ounir, in 'Mhid'I lhe norwnidlntblddlt ii a l'llidlnt. 1rltil atttrmintd
by u,, otftcar f'HQOtlsib6e fOI' awatelnQ lhe bid that comc,lianct With tl\11 subsection .08 may cauSI denial ol reotral tundl •Nfllcn would oflerMM be availaOII
or ·.-aukfolhetwlseot 1nconslSltnl 'N11h,-qwrtmentsolF~l~.d'llssubHcdonst1albeSI..ISOlnded.butontytolheexltl'\l"ICIIUIYID~dtnQlotth1
moneys or 10 t1im1nate the InconS1st1ncy wilh Fedtr31 rtQulrtments (CR S 8·19-101 ana 102).
GENERAL
7. The law, cf :r,, State of ColOra<lo anct nJlts and rtQUla~ons issued pu ~uant ttltreto ShaU be aopliea in ltle lnttri,retadon, UtaJlian. and enforcement
of lhis ccntrac::. AA)' prov1sson of ttus a:,nuaa wttelher« not inc::)rpcnted neretn by reference wtik:n prcvtdes tor arbltrallOn by any u1r11~ bca'/ or pltl'scn
ot •A"ruc:, is othe,w,.se ,n eenftlctWl th slid laws , rules, and rtQt.datians ShaU be c:onsiOartd null arid void . Nolhing a,nQ.ined in any provia,on lltc:.ctPOl'31tel herein
by~ wn,cn pur-..orts to negate tnIs or any olher so-oal provision in whole or in ~ sttaB be valid« enforceatH or available in any adon at tawwneltler
by way of comc:tlu'IL defense , 01 otntr'Wlse. Any provision rel'l(llfed null ana VOtc1 by the openition of tnis provision will nol invalidate tn, remainder of this
a:inna :a lhe utenl that tne con1rac:t is caoable ot exto.1tion .
S. Al au dmes ~ring the performance of th is contract, the Contrac:or shalt sDidy adhere to aa ~pfabll fec::eral and sQtl raws. r'\.des and t~ladons tnat
have been or may hereafter be establisntd.
9. Pursuant :o CRS 24 -30.202.4 (as amendeol. lhe sQte c:cntrolltrmay wilhhoki Oeb!J owed to slite agendas undarlhe venc:orotfsetlntercep t sys11m
tor: {a) unpaid cr.ucl support 0101 or a,110 suoDOtt arrnrages: (bl un* ~nee of tax . accn.ted lntarest, et oltler cnan;es speofted in Attide 22. i illa ~9. C~S ;
IC) unoaid !oans ::tut !O :Jlt stuotnl loan aivlsion of me deoar.ment of n!Qh« teluC31ion; {d) owea amounts ~red :o :i, :>aia to :he W1emoloyment
c::,moensation tun e; ~'CJ l•l oltler unoa10 deots owing to the stato or any agenc-1 tf"llfeo( the arnourtt ot wnra, is fauna to be owing as a resUII of fina1 aoenc-1
ceterrmnanon or ~ucea to Iuagement as certifieo by 1M contrcller .
•
10. Tot signaicnes avfi ltlat they are famll iarwilh CRS 18-3-301 . eL seq .• (Bribery and ~Pt Inllue nc:es) and CRS 1S~01 . eL seq., (Abuse of Public
fflet ), and thll no vM>tanon ot sucn provisions is present
11. Th • si;na1ories aver th at lo their kllowta4glt, na 1tat1 1nIployu ha any g1rsonaI ot bentlldal inI1rest whatsoever in the servic:e or ~roper.y
<1esc:ribt0 herein:
IN WITNESS 'N HE:=tE OF . th e ~arties here I0 have executed thi s Contrac: on ltle day 11~1 above writte n.
Contr.1cto r:
CITY OF E:-IGLEWOOD
Thomas J. Burns
?esidon (TiUe l __ !!a~y_o_r __________ _
SJ-6000j3l
(I f Corpora non :J
Alltst (Slli'.:l )
By _________________ _
Lou crisnia A. El lis , City Clerk
STAi2: OF COL O~OO
BILL OWE~S. GOVER.~OR
a, _______________ _
For rh e 8:EC:.JT:V ! D1R EC':'CR. Bob Brooks
OE?ARTM ENT
OF _____ ,.Lo"'c"',1-'.->.,.,_rI,..,,.,n,_ _____ _
APPRO V~LS
PRE ·AP~RO VED FO RM CONTRACT REVIEWE.~ Si ATE CONTROLLER
• Arthur Barnhart
By _________________ By _______________ _
Ev:in Mc tc:ilf Rose M:uie Au ten
FcmlU.C.OlC
Revil«IJ/97
)85.5.J-0 1°1 0.Z0 Page .L, whid"I is tne l,lsl ol _]_ Pages
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
•
ecc #437
EXHIBIT A
Colorado Econom ic Development Comm ission
SCOPE OF SERVICES
1. Prol,st Doscrlptlon and R1gulr1ment1
The Project consists of providing the Contractor with matching funds for the promotion of economic
development in the Arapahoe County Enterprise Zone area . These funds shall be used for the
purposes of promo tional activilles that will market and advertise the advantages of locating a business
in the contractor's enterprise zone area, create a pos itive identity for the enterprise zone area ,
encourage retention and expansion of existing bus inesses , promote redevelopment, expand the
region's tourism industry, attract new businesses , and generally enhance the economic growth of the
enterprise zone area . Such activities shall include the preparation . production , and/or distribution of
market research, printed materials, direct mail campaigns, print media advertis ing, trade show
promotions , special events, direct bus iness prospect visitation , and other closely related activities . No
more than 25 percent of these funds may be used to pay for contractofs administrative or staff costs .
Contractor may allocate funds to one or more subcontractors involved in promotion and economic
development activities in Ira enterprise zone . Contractor shall be responsible for ensuring and
documenting Iha expenditure of the required local matching funds by Contractor or by its
subcontractors .
The contribu ti on from the Economic Development Fund under this Contract shall no! exceed the
amount of local matching funds expended on this project or SEVEN THOUSAND FIVE HUNDRED
dollars ($7 500), whichever is less . All project costs in excess of this amount will be the respons ibility
of the Contractor . Contractor shall match E.D.C. funds used on this pro ject with at least a dollar-for-
dollar cash match from local sources. Local expenditures on enterprise zone marketing projects
incurred pri or to the effecllve date of this project but subsequent to July 1, 1999. may be counted
toward the matching funds requirement, provided that such ex;,enditures have not been used to meet
other state contractual matching fund requ irements .
2 . Timt of Performance
The Project shall commence upon execution of this Contract. The Contract will expire on June 30,
2001, exce pt that the Contrac t may be extendeo a max imum of 12 months subject to the mutual
agreement of the State and the Contractor . A reque st for extension by the Contractor shall be
submitted to the State at least 30 days prior to the expiration of the Contrac t with a full justificati on for
the extens io n request .
EOC # 437 · Exhibit A
Page 1 of 2 Pages
3. ~
~
E.D.C. Funds S7,500
EXPENQIIYBES
Market Research, PubllcaUons , Advel1!slng,
Special Events , and Direct Marketing for the
Arapahoe County Enterprise Zone Program
so
Local Funds 7,500 Zone Adm iaistraticn 3,750
TOTAL : $15,000 TOTAL: $15,000
4. Payment Schedule
S6 ,500 In itial payment lo be p•id upon request by the contractor following the execution o'
this contract.
1,000 Final paymen1 lo be made upon satisfactory completion of the Project. The
Contractor will subm it a final financ ial and narrative report documenting the
expend iture of all E.D.C. funds for which payment has been requested and ,,,
matching local funds .
$7 ,500 TOTAL
Requests ror payment will be in itialed by the Contractor in accordance with the prov isions of
Paragraph 6 of the main body of th is c...'ntract.
5. ~
The Department of Local Affairs will mon itor thi s Project on an as-need ,,d basis .
6. Reporting Schedule
The Contrac tor will subm it an interim fi nanc ial and narrative report prop erty documenting all
exp end itures of E.D.C. funds at th e time interim payments are reques ted. The Contractor will subm it a
fi nal fi nancial status rep ort prope rty documen ting all expenditures of E.D.C. funds at the time the final
payme r.t is requested , in acco rd ance with the payment schedule .
EDC # 437 -Exhib it A
Pege 2 of 2 Pages
•
EXECUTIVE CHAMBERS
IJ6S1.a1,C.1p i10I
Dtnvtr, Color~o 8020l•l 79l
Phon~ ()OJI 866-2471
September 30 , 1999
;im Kenyon, Chairman
STATE OF COLORADO
Colorado Economic De velo pment Commission
1625 Eroadway, #1700
Denver, CO 80202
RE: I 999-2000 Enterprise Zone Marketing Grants
Dear Jim :
In accordance with CRS 24-46-105, I have authority to r,•view and approve
recommendations by the Colorado Economic Development Commission for
expenditures from the Economic Development Fund. I have reviewed the enterprise
zone marketing and administration grant projects as specified on the attached list and
hereby approve the expenditure of up to a total of S300,000 from the Colo!'l'.:!o
Economic De ✓elopment Fund for these projects.
~~\ Bill Owens
Governor
Attachment
Colorado Economic Development Commission
1999-2000 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
#436 Adams County Economic Development, Inc .
#437 City of Englewood (Arapahoe Cou r;ty EZ)
#438 Denver Urban Economic Deve lopment Corp .
#439 Ec15t Ceritral Council of Local Governments
#440 El Paso County
#441 Greeley/Weld Economic Development Action Partnership, Inc .
#442 South Central Council of Government;
#443 Jefferson Economic Council, Inc .
# 4-14 Larimer County
ll 445 Western Colorado Business Development Corp . (Mesa County EZ)
#446 Northeast Colorado Association of Lo,:al Governments
#447 Associate,j Governments of Northwest Colorado
#448 Pueblo County
#449 Region 1 O League for Economic Assii;tance & Planning
#450 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ)
#451 Southeast Colorado Enterprise Development , Inc .
#452 Region 9 Economic Development Dis•,:rict of Southwest Colorado
#453 Enterprise Zone Trade Show Marketing (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
•
•
COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT:
Colorado Department of Local
Affairs -Enterprise Zone
August 7, 2000 10a i Marketing and Administration
Gran! .
INmATED BY : STAFF SOURCE :
Community Development Department Darren Hollingsworth, Business Development
Soecialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION :
Economic Development: Initiate business retention, revitalization , and growth strategies.
Community Development: Leverage City resources through grant funding .
City Council has approved previous marketin g and administration grant contracts with the State
Department of Local Affairs to support the Ara ry ahoe County Enterprise Zone .
RECOMMENDED ACTION:
Staff recommends t'1at City Council approve the attached Bill for Ordinance accepting $7,500
from the Colorado Department of Local Affairs (COLA). These funds will be used for Enterprise
Zone marketing and administration .
BACKGROUND. ANALYSIS, AND ALTERNATIVES 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 and commercially zoned property in
Englewood . The South Broadway co :ridor and CityCenter Englewood site received i:nterprise
Zone designation effective July 1, 1998 .
Th e Department ,,f Local Affairs has a com peti tive grant program for Enterprise Zones, which
pro vi des miirketing and administrative support. This is the fifth consecutive year Englewood
has applied ~or and received !his funding.
The Enterprise Zone is used in Englewood as a vehicle to support businoss retention and
community marketing activities. Marketing activ ities encouraga businesses to take advantage
of Enterprise Zone tax credits and highlight the Englewood business community .
FINANCIAL IMPACT;
The Colorado Department of Local Affairs requires that the City provide matching funds to meet
grant requirements. The attached Contract between COLA and Englewood pledges $7,500 In
local matching funds to mite1 this obligation . Tiles lurids are Included In the Community
Development'departmental budget. Grant and matching funds wtll be used for a variety of
Enterprise Zone marketing and administrative activities .
LIST OF ATTACHMEHTS:
Proposed BIii for Ordinance
COLA Contract