HomeMy WebLinkAbout1997 Ordinance No. 025• ORDINANCE Nom
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 25
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE ENTERPRISE ZONE MARKETING CONTRACT,
BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC
DEVELOPMENT COMMISSION ("E.D .C.") AND THE CITY OF ENGLEWOOD .
WHEREAS , the City of Englewood applied to the Colorado Department of Local
Affairs and was granted Enterprise Zone status for a majority of the industrially
zoned property and some retail property in 1990; and
WHEREAS , the Department of Local Affairs has a competitive grant-in program
for Enterprise Zone marketing and administrative support; and
WHEREAS, the City has applied for and received this grant for two years; and
WHEREAS , such Grant requires a 100% local match; and
WHEREAS , the 1996 Enterprise Zone Grant totaled $7 ,000 which helped offset the
cost of the Community Profiles; and
WHEREAS, the 1997 Enterprise Zone Grant also totals $7 ,000 of which $5,250 will go
towards Business Retention; oriented "Englewood" promotional ads in the Denver
Business Journal and other metro area publications ; with an addition $1 ,750 applied
to administrative/clerical related expenses associated with the Enterprise Zone
Administration;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The Intergovernmental Agreement between the Colorado Department of
Local Affairs , Economic Development Commission and the City of Englewood ,
attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City
Council.
Introduced, read in full , and passed on first reading on the 17th day of March, 1997 .
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Published as a Bill for an Ordinance on the 20th day of March, 1997.
Read by title and passed on final reading on the 7th day of April, 1997 .
Published by title as Ordinance No. ~eries of 1997, on the 10th day of April,
1997 .
I , Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy,.,gf.the Ordinance passed on final
reading and published by title as Ordinance No.~<t:;
Loucrishia A. Ellis
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EDC #321 DEPARTMENT OR AGCNCY NUMBER
NAA
CONTRACT ROIJT!NG NUMBER
CONTRACT
THIS Contract, made this __ day of __ 19 97. by and between the State of Colorado for the
use and benefit of the Department of Local Affairs . Economic Development Commission ("E.D .C ."), 1313
Sherman Street, Denver. Colorado 80203 . hereinafter referred to as the State. and City of Enalewood, 3400
So . Elati St.. Enaiewood, CO 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 .
156, Approp . Code 316, Org. Unit EBAO GBL . Contract Encumb. No. E7EJC321 ; and
WHEREAS. required approval. clearance and coordination has been accomplished from and with
appropriate agenc:es; and
WHEREAS , the State desires to promote economic development in Colorado by assisting local
communities in expanding their economic base: and
WHEREAS , pursuant to 24-46-101 to 105 . C.R.S. 1987 , the Colorado Economic Deve!opment Fund
is created, and is to be administered by the Department of Local Affairs; and
WHEREAS , applications for distributions from the Colorado Economic Deve!cpment Fund have been
received by the Economic Development Commission : and
WHEREAS , the Economic Development Commission has reviewed and recommended to the
Governor that th e project described in this contrac: be financed w1ch a gram: and
WHEREAS , the Governor has authorized expenditure of money from the Economic Development
Fund to finance the project described in this contract and
WHEREAS , the Contractor is an eligible recipient of Colorado Economic Development funds;
NOW THEREFORE it is hereby agreed that
1. Area 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 t his Contract by reference . in connection with and respecting the following area or areas :
Araoahoe Countv
2. Scooe of Services. In consideration for the 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 indicated in the "Scope of Services", set forth in the Attached Exhibit A, hereinafter
referred to as the "Project". Work performed prior to the execution of this Contract shail not be considered
part of this Project.
3. Resoonsible Administrator The performance of the services required hereunder shall be
under the direct supervision of Art Scibe ili an empioyee or agent of Contractor. who is hereby designated
as the administrator-in-charge of this Proiect . At any '.!me th e administrator-in-charge is not assigned to this
Project, all work shall be suspended until the Cor.!ractor assigns a mutually acceptable replacement
administrator-in-charge and the State rece !ves ~cu::::ation of such replacement assignment
Page 1 of 7 Pages
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A
4. Time of Performance Th is Contract shall beco me effective upon proper execution of this
Contract The Project contemplated herein shall commence as soon as practicab le after :r.e execution of this
Contract and shall be undertaken and performed in th e sequence ser forth in the "Time of Performance" in
the attached Exhibit A. No Economic Oevelopmenr Commission Funds provided under this contract will be
expended prior to the full execution of this contract The Contractor agrees that time is of the essence in the
performance of its obligations under this Contract. and that completion of the Project shail c c~:Jr no later than
the termination date set forth in the "Time of Performance ."
5. Comoensation and Method of Payment. The State agrees to pay to Lhe Contractor , in
consideration for the work and services to be performed. a total amount not to exceed Sc-i i:=N THOUSAND
ANO N0/100 DOLLARS ($7 000) The method and ti me of payment shall be made in ac:ordance with the
"Payment Schedule" set forth in Exh1b1t A.
6 . Accounting. At all times from the effective date of this Contracr until c:::mpletion of this
Project. the Contractor shall maintain properly segregated books of Stare funds. matching funds , and other
funds associated with this Project. All receipts and expenditures associared with sa1a Project shall be
documented in a detailed and specific manner, and shail accord with the "Budget" ser fcr!h in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (1 0%) within sa ia Budget without
approval of the State. Adjustments of budget exoenditure amounts in excess of ten percem ( 10%) must be
authorized by the State in an amendment to this Contract prop erly executed and approv~ oursuant to th e
State Fisca l Rules . In no event shall the Stare 's total consideration exceed the amount sr>c·.v r. in Paragraph
5 above.
a. Unless otherwise prov1aed in this Contract. 1f Ex h1 bit A provides for mere :r.an one payment
by the State , the 1nit1al payment set forth 1n the Payment Scheau ie shail :e :naoe as soon
as practicable after proper exec:Jt 1on of this Contract. The Contrac:cr snail initiate all
subsequent payment requests by submitting documented proof of prccer expenditure of
State funds thus far received to a contract monitor designated by the State .
b. The Contractor shall request the final payment, which is the amount witr.ne!d by the State
until the Project is complete, for the Project by submitting to the contrac: monitor a detailed
cost accounting of all State funds received and expended towards compieticn of the Project.
Upon determining to its satisfaction th at all funds received by the Conucc:or have been
properly spent towards accomplishment of the Project. th e State shail prcmprly make final
payment to the Contractor.
c. Within ninety (90) days of comple ti on of th e Project. th e Contrac:or sr>a 1l submit to the
contract monitor a detailed cost accounting of expenditures of th e finai .:ayment received
from the State. Any State funds not expended in connection with th e ?reject shall be
remitted to the State at that time.
7. Audit. The State or its authorized representative shall have the right to insce::. examine. and
audit Contractor's records, books and accounts. including th e right to hire an independe nt Certified Public
Accountant of the State 's choosing and at th e State 's exoense to do so . Suc h disc:-et icnar,1 audit may be
called for at any ti me and for any reason from the effec:iv e date of thi s Contrac~ until fiv e · 5·; y ears after th e
date final payment fo r this Project is rece iv ed by the Contractor . provided that the audit :s ce~:rmed at a tim e
convenient to the Contractor and during regul ar bus iness hours . Whether or not <he Sta te calls for a
discretionary audit as provided for in this paragrapn 1f th e Proiect is accomplishea with in a single fiscal year
of the Contractor, the Contractor shall . at the con c:usicn of the Project. arid in add ition ;a any o ther reports
required, submit a report and auditor's statement of the Project account to the E::onorn 1c Development
Commission in the Department of Local Affairs. Such report shall be prepared in conjunc:icn ·.v ith Contractor's
regular yearly audit, and must be submitted within six (6) months after the close of :t:e then current
Contractor's fiscal year.
Page 2 of 7 Pages
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8. Personnel. The Contractor represents that he has . or will sec:.Jre at his own expense. unless
I otherwise stated in Exhibit A , all personne!. as employees of the Contrac:or, necessary to perform the work
and ser1ices required to be performed by the Contractor under this Contract Suc:i personnel may not be
employees of or have any contractual rela1Jonsh1p with the State and no such perscnnel are eligible for any
employee benefits. unemployment comoensat1cn or any other benefits ac::orcea to state employees and
Contrac~or agrees to indemnify the stare fer any costs fo r 'Nhich the state mav be found liable 1n these
regaras. Contrac~or shall pay when aue arl recu1red emp lCf mem taxes ana 1nc::me tax withholding . All of
the services required hereunder :;ill :e ;::er'.crmea by th e Contrac:or or uncer ni s supervis ion and all
personnel engaged in the work sha11 be fully cu al1fied an d shall be autho riz ea uncer State and local law to
perform such services .
9. Workmen 's Comoensation Cove:ace . The Contractor is respons ible fer providing Workmen 's
Compensation Coverage and Unemployment Compensation Coverage for ail of its employees to the extent
required by law, and for providing such coverage for '.hemse lves. and for providing such coverage or requiring
its subcontractors to provide such coverage for the subcontractor's employees . In no case is the State
respons ible for providing Workmen 's Compensation Coverage for any emp loyees or subcontractors of
Contractor pursuant to this Agreement.
10 . Terminarron of Contract :er Ccnver-1enc2 :f =:th er 0 ::;rtv Ether the Stare ::r th e Contrac:or may
term in ate :hi s Contract at any ti me the ;:;a!ly c erermines that ~h e purpose of the Cor.u-ac: would no longer be
served by completion of the Pro ject. The par:y desmng to term inate th e Contrac: sha il effect such term ination
by giving written notice of t errrnnatron to the ottrer party and specifying the effec:ive aare thereof, at leas t thirty
(30) days prior thereto. In that event. ail fi nished or unfinished documents and other materials shall , at the
option of the State , become its property . CJntrac:or shall repay funds advanced and not expended in
accordance with the terms of this contrac: Contractor shall not be relieved of any cbiigations ta repay funds
advanced as a loan , notwithstanding any termination of the contract for convenience .
11 . Termination of Contract for Cause: Recavmen t of Adv anced F·Jnd s
a. If , through any cause. the CJntrac:or sha il faii to fulfill in a ti me !y and prop er manner its
obligations under this Contract. or 1f the CJntrac:cr shall vialat:e any of the c::v enants , agreements , or
stiou lations cf this Contrac:. the Stare sha il the reuc on have '.h e ri ght: to term inate :hi s Contract for cause by
giving written notice to the Contractor of suc:o term in at io n ana specifying the effec:;ve dare thereof, at least
five (5) days before the effective dare of suc.i term inat ion . In that event. all finisnec er unfinrsned documents ,
data, studies , sur1eys , drawings, maps. mode!s . photographs , media contracts anc ~eports or other material
prepared by the Contractor under this Contrac. shail. at the action of the State , bec::::me its property ; and the
Contractor shall be entitled to receive j ust and equitab le compensation for any satisfactory work completed
on such documents and other materials .
b. Notwithstanding the above . the Contrac:or sha ll not be re!ieved of :i ac 1lity to the State for any
damages sustained by the S tare by virtue of an y bre:ac:i of th e Contract by the Ccntrac:or. and the State may
withhold any payment to the Contrac:or fer :h e ;:::urpose of setoff until suc:i trme as the ex act amount of
damages due to the Stare from the Contrac:cr is determinea .
c. If funds have been aa vanc2a to the Co ntrac~or . Contrac:o r sna rl •eca y suc:i funds to the
extent they are not expended 1n accoraance with th e terms of this contract at the :ime of termination .
12 . Chanaes . The State may . from ti me :o ti me . require changes in the scooe of services of the Contract
to be performed hereunder. However. this Contract is intended as the comciete integration of all
understandings between the parties at this t1 rr.e . and no prior or contemporaneous accition , deletion , or other
amendment hereto , including an y increase er cec:-ease in th e amount of monies to t:e paid to the Contractor.
shall have any force or effect whatsoever unless embodied in a written contrac: amendment incorporating
such changes executed and aporoved pu rsuant to the State 's Fiscal Ru les . Notw ith stand ing this provision ,
changes in the ti me of performance may be :::g:-eea :o by letter if so prov id ed for :n =xh1 b1t A, and contractor
?age 3 oi 7 Pages
may make adjustments of less th an 10 percent in budget line items as provided for in section 6 of thi s
Contract.
13. Reports . At least two (2 l coo 1es of all reports prepared as a result of the Proiect will be submitted
to the Economic Deve lopment Comm1ss1on 1n me Department of Local Affai rs wl[h1n two (2) weeks of
completion of such reports .
14. Conflict of Interest.
a. No employee of the Contractor shall perform or provide part-time serv ices for compensation.
monetary or otherwise . to a consultant or consultant firm that has been retained by the
Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or respons ibili ty.
in connection with the elements of this project that are financed with Sta te funds . on behalf
of the Contractor shall have or acquire any person al financial or economic int erest. direct or
indirect, which will be materially affec:ed by thi s Contract, except to the extent that he may
receive compensation for his performance pursuant to this Contract.
c. A personal financial or economic interes t inc ludes . but is not li mited to:
i. any business entity in which the person has a direct or ind irect monetary interest:
ii. any real property in which the person has a di rec t or ind irec t monetary interest;
iii . any source of income . loans . or gifts rece ived by or prom ised to the person wi th in
twelve ( 12) months prior to the exec:.Jt1on date of th is Contract:
iv. any business entity 1n 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 inv estment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son , daughter, father-in-law,
mother-in-law , brother-in-law, sister-in-law , son-in-law , or daughter-in-law of the person by
an agent on his/her behalf, by a general , limited, or silent partner of the person , by any
business entity controlled by said person , or by a trust in which he/she has substantial
interest A business entity is controlled by a person if that person. his/her agent, or a re lative
as defined above possesses more than fifty percent (50%) of the ownership in terest Said
person has a substantial economic inte re st in a tru st 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 conflict of interest. as desc:ibed in this Paragraph 14 , cannot be avoided
without frustrating th e purposes of thi s Contract, th e person involved in such a conflict of
interest shall submit to the Contractor and th e State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unac::eptable confl icts of
interest. as determined by th e State . the State re serves th e right to terminate the Contract
for cause . as provided in Paragraph 11 above. Failure to file a disclosure statement required
by thi s Paragraph 14 shall constitute grounds :or termi nat io n of this Contract for cause by the
State .
15 . Comoliance with Ao oli cab le Laws . At all time s dunng :he perform ance of th is Contract. the Contractor
shall strictly adhere to all applicable f ederal and State laws th at hav e been or may hereafter be established .
Page 4 of 7 Pages
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16. Subcontracts . Copies of any and all subcontracts entered into by the Contractor to accomplish this
Project will be submitted to the Department of Local Affairs upon ex~:.irion . Any and all contracts entered
into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed
by the laws of the State of Colorado notwithstanding provisions therein to the contrary .
17 . Severability . To the extent that this Contract may be execut~ and performance of the obligations
of the parties may be accomplish~ within the intent of th e Contract. the terms of this Contract are severable .
and should any term or provision hereof be declared invalid or become inoperative for any reason . such
invalidity or failure shall not affect the validity of any other term or provis ion hereof. The waiver of an y breach
of a term hereof shall not be construed as waiver of any other term.
18. Binding on Successors . Except as herein otherwise proviced . this agreement shall inure to th e
benefit of and be binding upon the parties . or any subcontractors here!o . and the ir respective successors and
assigns .
19. Assianment. Neither party . nor any subcontractors hereto , may assign its rights or duties under thi s
Contract without the prior written ccinsent of the other party .
20. Limitation to Particular Funds . The parties hereto expressly recognize that the Contractor is to be
paid, reim oursed , or oth erwise compensated with funds provided to the State for the purpose of conrrac:1ng
fo r the servi ces provided for here:n. and th erefore . the Contrac:or express iy understands and agrees th at ail
its rights. demands and claims to compensation aris ing unde r this C::mract are contingent upon receipt si
such fu nds by th e State . In the event th at such fu nas or an y part there:::f are not received by th e State . the
State may im mediate ly term inate thi s Contract
21. Minority Business E!lterorise Participation . It is the policy of :h e State of Colorado that minority
business enterprises sh all have the maximum practicab le opportunity to participate in the performance of its
construc ti on grant contracts . The Contractor agrees to use its best effcrrs to carry out this policy to the fullest
extent practicable and consistent with the efficient performance of this Contract As used in this Contract, the
term "minority business enterprise" means a business , at least 50 percent (50%) of which is owned by
minority group members or, in the case of publicly owned businesses . at least 51 percent ( 51 % ) of the stcck
of which is owned by minor ity group members. For the purposes of this definition , minority group members
are Negroes or Black Americans, Spanish-speaking Americans . As ian Americans, American Indians .
American Eskimos and American Aleuts . The Contractor may re ly en written representations by bidders .
contractors. and subcontractors regarding their status as minority emerprises and need not conduct an
independent investigation .
22. Parties ' Relationshio . Except with respect to it s fiduciary obligations to the State set 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 shall be deemed to be an employee or agent of the State . other than for purposes of
comp li ance with the fiduciary obligations to the State in Exhibit A. Contractor will be sole ly and entire ly
responsible for its acts and the ac:s of its agents . emp loyees and subcontractors during the performance of
this contract.
Page 5 of 7 Pages
SPECIAL PROVISIONS
CO:\'.TROLLER'S . .\.PrROVAL
I. This corur..c:: sh:ill not be dc:med v:il iri until it shail l'Cve ::=i Jllllr1lVed by the Controller of the Swe ofColor.ido or such :issist:mt as he mav desi!?n:UC. TI1is pr1s1on
is ;ippii=1e tO any contr.1c: invoiving th e ;iaymcnt o{ mane:: by me State. · -
ff:\'.D .-\ \.A IL.\ll!L!TY
:. Fin;:nci;:: ooli;;ation) of tnc St:i:: ur' Color.:uo ::iY:::lk ::itc~ :he ~::rr::i: fh~I ~ ..::ir Jr<.: .. .mtmg::nt u111111 runu~ fur th:ll rurous~ hein!? :iopropri:11e:L buug::icc.
ma utilcn' 1sc m:d: :\':iil:mie.
no~o REQL'IRE.\-IE'.'IT
3. If this ;ontr.1c: involves the pavme:"l! of more :hm :lfty tnous;md doll:irs fo r the consmic:ion. :..--:::=:on. ~air. maintenance. or imorovcment of anv buildina
ro:id. bridg:.. viaducL r:unne!. e:cc:ivat1on or other puiliic wori> for this Swe. :he contr:ICUlr shaJI. before :mering upon the performance .of any such wori. inciuaed
in this comr..c-_ duiy execute and deiive~ to the Swc: affi~ wile will sign the contr.1C:. a good and suffic1cnt bond or other :u::::ptaille surety ro be ::pprovc:rl bv
said orlici;u in :i penal sum not less than one-ilalfoithe t0t:11 m10unt pav:lllle by the :=rms of this contr..c:. Sail bond shall be duly executed by :i qualified corpor.llC surer-.:
::onciitiom:d ll!lon tne ::iithful pe=Tormance of the co=: :nci in ;u:idition. sh:ill provide :h:u if the contr.1c-..or or his subconcr.ictors t:iil m duly pay !or any laDor. m=:ii~
t.:::m h~ 5USL..-ianc:.. provisions. provender or other sur:ipiics :J.EO or consumed by such contr.1ctor or his suocontr.!Cter in perrormanc: o{ the work con=::: ro ne :ion..:.
or r::.iis to p:iy ::nv pe~on who suopi ics rent.Ji machine:-::. :oois. or c:iuiomcnr in the prosec:.mon oi the won.: the sure:v will pa,· the same in :in amount not ::.'l:c::::iin!! =~~
sum spe::!ii:::i in the bond. tog emer with 1m=t :i.t the r:m: or ;:igm pc:' C..-:1t pc:' :mnum. Unic:ss such bond is c:xc::-.n.c:i.. .u;iiverea ~d tiled. ?10 claim ilii!vor oi tne :omr..::~or
:insiiu unac:-SUQ contr:ict shaJI be :iut.iited. Jilowcd or ;ia1d. A c~1iiec or =nie:'s chcd; or J b:mi.: monC\· oro e: :iavable to the Trc:isurer or' the Sl:ice o!CJio:-::::o ma,·
be :C:..-;i1c:d in iieu or' J bond. This provision is in camo1i:inc:: with CRS 30-2.6-I Ob. -· · .
l~DE:\1:\'IFIC.\ TION
~. To tn: :xt:nt auriionze:i bv 1'2\\'. :he :ontr::c:o r ;;:;:ii ;mi::nnif\'. s:ive md hold h:umiess :he 5tat:.. :lS ::npiovees mci J.ge:ilS. against ::ny ;inc: :ii ;:::1:ns.
d:irnag:s. :i :oiiic;.· :inti court Jwards inc:ut.iing ~:ms. ::.-:::::-.s:s. ma ltlomev :·::s incurr:d JS :. :-:sun JI ::ny u: or 0m1mon by the concr.ic:or.
DISCR!illI:\A TION AND . .\FFIR.\IA TIVE . .\CTION
5. Tne :::m:r:::::ar Jgre:s to comoiy with che ierre: :mi ;;iinr oi :he Co1ar:ida Antidisc:imin:11ion . .\c: JI !95i. JS :irnc:icied. md othe: aooii=ie l:i\\ :-es::::::::n!!
discimin:uian md l.lniair e:npioyment ;:ir.:::ic:s iC:tS :~~.:-.:.'.l:;. J!lci :.s ::ou1rcti by !:x:::::.mve Ora:~. ::::iu::i Oooortumc;.· Jna .l.ffirm:irive Ac::a:i . d:.:::: .:..c:i i ! 6.
1975 . P:rrsw:mr :herew. :i11:f oilowing pro\•1s1on.s .snail :::e ::;nramed :nail St:ire contrac:s or suii-contrac:::.
Dunn:; :n:: ::c::orm:.mc: or' :his com:::::. :h e ~omr:c:or ~:s JS :o ik1"'s :
1:il Th: ;:intr::c:or will 1101 discriminate :1 !!~i r.s; :n ,· ~:n nic""~= .1r ::rmii;;::n? 1·nr ·;:1:n 10 ,·:n ::'11 J.:::ius.: ui' r:ic :. ;::::u. ~01ur. ;i:.1:un J i o r:!!in. ;..::: A
m:::i~ ;:::tu:.. :t:ii!!ion.Jnc:stn·. mc:1:.::: ur on' >i c::: ::;::1uic:::. J r::::. Th~ ::imr:ic:;ir will 1:ikc ~11ir:n:;m·e .icuun ro insur: !l1:1l JOJ111c:ims .ltc ::noiove::. .::1c :::::: W -. . -.
:mn1 ll~'~! :r: ~r=:tc:u ciun:i~ ~:noioymc:~L w nnout :-:;;:::t; tu U1:: :.;ou\1.'. :111.:nlll111c:U :~ar::c::.::-1su:.:s . ~u~! Jr.;~11J11 sh:.iJI i11l;1ud.:. ~ut nul be i imu ed :o Ult: ~o li owing :
:mo1L1,.rr.:::L uogr:iaing, dc:nol ian. ur :r:nsre:. :::::-~a.r.::nt Jr :::::~itm::u JlJ\'emsing: !:iv-01 13 Jr t:=m:iuons: r:iu:s oi p:.iv or utncr terms of .:omo:ns:iuor.: 111~
;e::::::on ;or tr:immg. inc1uding :oprenuc:snio . Th: ::imr.:::or J.gr::s ta pos: in conspic:.:ous J1ac:s. :iva1i:ioie to :::no10ye::s ::nd :ippiic::nts :'or ::nc1oyr:i::nL
nouc:s :o oe ;irov it.ied by the ~ontr:::::mg orfic:: se:::::;; :·art:: :revisions or' thi s non-disc:-:min:mon :!:us:.
i b l 7he :omr:ictor will. in all ;oii c!::icions or :dvc:-.ise:nenlS :·or ::noioyees placed by or on beh:iif or' tile comr:ictor. st:ite that :ill qu:ilifi::d Jooii=,ts "vil
=:vc ::insici:::ition ior :mpiovm:n: without rc;;::n: :o ~c:. ::~::d. :oior. national ongin. ;ex. ;n:int.li staIUS. r:iigion. :inc:str:". mental or ;invsic:il h:indic:o.
or ;ig:.
(Cl The ::irnrac:or will send to :ach labor union or re:m:sc:nt.Jtive of workers with which he has J collective bargaining J.grc::nent or othc~ :ont:::c: :i
uno~c:nding. notic: ta be provided by rhe contr..:::i::g oriice:. Jdvismg the labor union or worke:!' ..::in:senutive or the contractor's commitment una:: tnc
fac:::.:uve Order. Equ:il Opportunic;.· :ind Atftrm::tivc . .:..c:.:on. d:itcr.J Apri i 16. l 975 . :ind oi th e ~i.:s. regulations • .md relevant Orders of th e Govcmor.
ldl The :omr:ictor :imJ labor uni ons will fu rnish all inrorm:ition :nd reports reuuiret.I b" :::.~e::.:tive Oracr. !:uu;il Opportunity Jnt.I Affirmative . .\cuon ,1r Apri i
1 u. ! 9'."5. Jnt.I b\' th e ;-ules. n:;;ul:it1ons Jnu Oruers Jl the Gu\'cmor. or r ursu:int Ulcrcto. :ind will ocrmir Jcc:ss to his books. re:;ords. :ind :c=:iunts Jy IC
;;om r..::::ng agenc:: :ind 1h e orti c:.: or :nt: Guvemor ur :1is des1;;nc= :or purpuses of inv~st1g:i1ion lO JSc::::in compii:ince wi111 sue~ rulc:s. reg?.u:iuons :na oru e~.
(e l . .\ !:lbor or;amution will not c:xclude ::nv indivitiu:ii ame:wise cu:iiiiied from fii memoe~hip righ ts in sucil labor organiz:uion. or expel ;my suc.1 individtci from
mcmo~nio in suc.'1 labor org:in=1on or ciiscimm:n: ::g:llnst ::ny or its mc:nb~ in the full cnj oymcnt of worx oppommiry, be:::iuse or race. =:!. :olar. sc::-. =ioro
origin. .:ir :mc:scr:·.
(f) A l:iilor organization. or the cmpioy= or mcooers th=i will not lid. lheL incite. compe l or co= the doing of my act defined in this contr..c:: :o be
disc::imin:uory or obstruct or prevent my person from como1ying with the provisions of this contr..c:: or :my order issued thereunder: or :memot eithc:-dire:::Jy
or mdir.:::-.:y . ro c:immit :iny Jct de:ined in this conn-..::: :o be ciiscnmin:uo11·.
Form •~AC -<J ZS
R.,,,-i 1."1::
J~;:; .. m.iu=
..
(~) In the: c:vent of the contractor's no11-1;0111plia11cc "ith the 111•11-Ji,.:rimination dausc:~f this contract or "'ith any such rules. regulations . 11r ortlc ". 1hi'
co ntract ma v he c ancelc:d. te rmi nated or 'uspc:mkJ 111 "h"k .. r 1n part and the i;ontrac1 o r mav he: dc:clarc.:J incli gihle fnr further Stale .:11mrac:' 11
accordance \Vith rroccdurcs. Juthorizctl in Fxcc:11 tl\« c 11.kr I ,,ual llpp11r1uni1y a nd .-\fl irmat ivc ... \cuon 111:\pril f(i.
0
1975. and the rules . rq:ula11"'" '"
11rders promulgatc:tl in accordance 1hc:rc" i1h . anJ ,11.:11 .. 1h..:r '"11,tr.•rh '"ma,· he impn•c d :111J remcdil:s ~s 111a~ lH: i11<•l.ctl "'IHI" iJcd in l'xecu1i'..: < lrd..:r.
1:4uaJ Opportunity and :\rlirntativc :h.:tiu11 1•1 ·\pral 1 1 •. 1.,-.;. lll ,,~ ruh.::-.. n.:~ul1.1t1011' 111 .11U\.'.rS pru111ul;!nlL"d au .u.:i.:,1rd :int.:c th~n.:with. ur ;i =' 11llt1.:l\\I..'
11r111·iJctl by law .
(hi Th e eontrac!Or will include: the rn1V i>i1111> 111p;11a;:i;1ph'1a1 th r .. u;;h thl rn c\·cr: 'uh-e untra.:t anti ,ub.:i111trawr purchase: order unless exempted hy ruk,.
n:~u l;uions . ur o rdc:rs is suetl pur.>uanl to Exc.:ull\"c: < Jrtlcr . l:4ual < Jpp11rtuni1y ;ind Aflirmative Action uf April 16. 197 5. >U that such provisions 11ilhc hi11tlin;:
upon each suhc:ontractor o r vc:ndor. The contractor "111 talc 'u.:h a.:tiun with rcspc:ct to any sub-controting or purchase order as the contracting a::c11C\· 11ia1
Jircct. as a means of enlorcing such provisions. 1ndutlin;; 'a11c1111n> liir non-.:ompliancc ; providc:d. howc:ver. that in the event thc11111ractor hccume' in\"11!1 c J
in. or is thrc:ucned with. I itigation with the suhcontractur 11r 'cndur ;is a result of such direction by 1he contracting agc:ncy. the contractor may rc4uc ,1 the
State of Colorado to enter into s uch litigation t11 protect the interest of the State o f Colorado.
COLOR.\00 LABOR PREFERE~CE
6a. Provisions ofCRS 8-17-101 & 102 li:JfTlrcti:rencc 11fl-.1l11rad11 la h11r arc applicable to this contract if public works within the: State an: un dcn;i.ken hcr.:unr.kr a1Ht .11c
financed in whole o r in part by State timds .
h. When a co nstruct io n contract ti1r a ruhlic rruicct i> tu he ~"arJcd ti• a hid1k r. a re si dent hiddcr shall be ;1 ll11wcd a prcil:rcncc al_!:ii nst a 11on -rcsidc111 hidd.:r tr .. 111
a swtc 11 r l(1rcign co umry equal to th e prcfc:rencc g1 ,·cn .. r rc411ircJ h\ the >iatc 1•r loreign cnumrv in wl1 ich thc non-resident hi dtlcr is a resident. I f it is Je1crn1111,·J "'
the 11flicc r respo nsible fo r awarding the hid that c11 mpliancc \\r th lh1' '11h~e..:t i1111 .06 rna\" <:a us.: tlcnial 11 f fcJ.:rafonds whic h -.ouid 11thcrwis.: he avail:ihk "r """i,I
ulhcrwisc be in..:unsis tcm with requirements <1ITctlcrJI ta". th" suh,cctt11n shall he suspended. hu111nly to lhc ex tent nccessun· 111 prev ent denial 11fthc 1111111C\, .. r :"
eliminate the: inconsi stency with Fc:deral requirements (CRS X-1 '•-1111 ;m J 102).
GE:'\ERAL
7. TI1e laws of the State of Colorado and rules and regulation> issued pursuant thereto shall be applied in the interpretation . execution. and enfon:emc:nt o f this ruracl. .-\11,·
provision of this contract whether or not incofll(lrated hc:rein by reference which provicis for arbitration by any extra-judicial bod y or person o r which is otherwise in cu 111 Ji.:t
with said laws , rules and regulations shall be considered nulland void . Nothing contained in any provision incorporated herein by re feren ce which purpons to 11c:gatc this
or any othc:r spec ial provision in whole: or in part shall be valid or enforceable or available in any act io n at la w whether by way of complainL defense:. or otherw ise . .-\n'
provision re ndered nu ll an d void by th e opera ti on of this pro,·ision will not im·alida te the remainder of this co ntract to the ex tent tha t the: contract is capable of cxc:rn1i1111
8. Al all times d uring the performance of thi s co ntract. the Co ntra..:tnr shall st rictl y adhere to all applicable federal and stale laws . rules . and re~ulat ions th;:1 li;t1 «
Il een o r may here:ifter be ~stab I ished .
lJ. The si!m:ito ries aver that thev ar e familiar wi th CRS I X-X-JO I. cl. ,c4 .. (13r ibery and Co rrurt lntl uc:n ccs) anti CRS 13-8~0 I . .:t. seq .. (Abus.: uf 1'11hlic l 111i.:c 1
and that no vi olati o n of s uc h provfs io ns is pn:scnl.
I 0. TI1c: sig natories aver tha t to th c:ir knowlcdg..:. 110 >ta ll: cmph•' cc: has am rcrs1111al ;1 r hc 11clic 1al i11tcrcst what,ucvcr in th e ~c:r\"icc ur pr11rcr1y dc,,;rihcd h«~c:11
IN WITNESS WHEREOF. th e parties here to have c:xccutcJ lh1> t .. 111ra.:l ••II the J ;I\ lir,;t abm c wnucn .
Arthur Scibe!li
Position (Ti tle ) Business-Community Coordinator
84-6000583
(If Corporation :)
A ll~Sl (Seal)
!'RE -AP PROVED FORM CONTRACT REV11:wrn
EVAN METCALF
..,_"°""<.'-''?c
ltn·--' l'fl
JJS.,.1J..a1.1ue
ST A TE OF CO LORADO
ROY ROMER, GOVERNOR
By~~~~~~~~~~~~~~~~~~~~~-
For th e EXECtJTI V E D IRECTOR, Larry Kallenberger
1·~.-]_,.,...u. ..... 1.~
DEPARTMENT
OF~~~~~~~L~o~c~a~l~A~tf;~a~ir~s~~~~~~~~~~-
APPROVALS
ST.\ TE CONTRO LLER
Cl.If-TORO Vt H.'\LL
ROSE .V1ARIE AUTEN
EXHIBIT A
SCOPE OF SERVICES ANO PAYMENT SCHEDULE
. EDC # 321
ExHIBIT A
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Description and Requirements
The Projec! consists of providing me Contracmr w11h matcning funds for the promotion of economic
development in th e Araoahoe County Emerpnse Zone area . These funds shall be us ed for the
purposes of promotional activities that w ill market and advertise the advantages of locating a business
in the contractor's enterprise zone area . create a positive identity for the enterprise zone area,
encourage retention and expans ion of existin g businesses, 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 di strib ution of
market research , printed materials, direct mail campaigns , print media advertis ing, trade show
promotions , special events . direct business prospect visitation , and other closely related activities . No
more th an 25 percent of these fu nds may not be used to pay for contractor's administrative or staff
costs .
Contractor may allocate fu nds to one or more subcontractors involved in promotion a na economic
development activities in the enterprise zone. Contractor shall be responsible for ensuring and
documenting the expenditure of the required local matching funds by Contractor or by its
subcontractors .
The contribution from the Economic Deve lopment Fund under this Contract shall not exceed the
amount of local matching funds expended on this project or SEVEN THOUSAND dollars 1$7 000).
whichever is less . All project costs in excess of this amount will be the responsibility of the Contractor.
Contractor shall match E.D .C . funds used on this project with at leas t a dollar-for-dollar cash match
from local sources. Local expenditures on eme:orise zone marketing projects incurred orior to the
effective date of this proiect but subsequent to Juiy 1. 1996, may be co unted toward the matching
funds requirement. provided that such exoendl(ures have not been used to meet other state
contractual matching fund requirements.
2. Time of Performance
The Project shall commence upon execution of thi s Contract. The Contract will expire on June 30 ,
1998 , except that the Contract may be extended a maximum of 12 months subject to the mutual
agreement of the State and the Contracto r . A requ est 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 j ustification for
the extens ion req uest
3. Budget
REVENUE
E.D .C . Funds $7,000
Local Funds 7 .000
TOTAL: $14 .000
EXP::NOITURES
Market Research , Publications , Advertising,
Spec:ai E·1 ents , and Direct Marketing for the
A raoarioe County Enterprise Zone Program
Zone Admi nistration
TOTAL .
EOC ;; 321 -Exhibit A
Pag e 1 of 2 Pages
$12,250
1,750
$14 ,000
· 4. Payment Schedule
I. $6 ,000
11.
Ill. 1,000
$7,000
Initial payment to be paid upon request by the contractor following the execution of
this contract.
Interim payments to be paid upon request and the submission of proper
documentation of expenditures of E.D .C. and local funds and work progress .
Final payment to be made upon satisfactory completion of the Project The
Contractor will submit a final financial and narrative report documenting the
expenditure of all E. D. C. funds for which payment has been requested and of
matching local funds .
TOTAL
Requests for payment will be initiated by the Contractor in accordance with the provisions of
Paragraph 6 of the main body of this contract
5. Monitoring
The Department of Local Affairs will monitor this Project on an as-needed basis .
6. Reporting Schedule
The Contractor will submit an intenm financial and narrative report properly documenung all
expenditures of E.D .C. funds at the time interim payments are requested . The Contractor will submit a
final financial status report properly documenting all expenditures of E.D.C funds at the ti me the fi na l
payment is requested. in accordance with the payment sc hedul e.
EDC # 321 -Exhibit A
Page 2 of 2 Pages
..
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STATE OF COLORl\00
EXECUTIVE CHAMBERS
t 3& Slate Ca p11ol
Denver. Colorado 80201 -1 l ~l
Phone ()OJ) 8&0-2 471
December I 6 , I 996
Odell Barry, Chairman
'Colorado Economic Development Commission
1625 Broadway, # 1700
Denver, CO 80202
RE: 1996-97 Enterprise Zone Marketing and Administration Grants
Dear Odell:
In accordance with CRS 24-46-105 , I have authority to review and approve
recommendations by the Colorado Economic Development Commission for
expenditures from the Economic Development Fund. I have reviewed the enterprise
zone marketing and administation grant projects as specified on the attached list and
hereby approve the expenditure of up to a total of $278,000 from the Colorado
Economic Development Fund for ~ese projects.
Attachment
Roy Romer
Governor
Economic Deve lopment Commiss ion
1996-97 Enterprise Zone Marke ti ng Grants
Detail of Funding Recommendat ions
# 320 Adams County Economic Deve lopmen t. Inc .
# 321 City of Englewood (Arapahoe Coun ty EZ)
# 322 Denver Urban Economic Deve lopmen t Co rp .
#323 East Central Council of Local Governments
# 324 El Paso County
#325 Greeley/Weld Economic Development Act ion Partnership , Inc.
# 326 Huerfano/Las Animas Council of Governments
# 327 Jefferson Economic Counc il, Inc.
#328 LarimerCounty
# 329 Mesa County EZ
# 330 Northeast Colorado Assoc iation of Lo ca i Gov e rn ments
# 331 Associated Governments of Northwest Co lorado
# 332 Pueblo County
#333 Region 10 League for Economic Assis t ance & Planning
#334 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ)
# 335 Southeast Colorado Enterprise Development, Inc .
# 336 Region 9 Economic Development District of Southwest Colorado
#337 Enterprise Zone Trade Show Marketing (East Central COG)
s 10 .000
7 .000
10 .000
20 ,00 0
7 ,00 0
10 ,000
20 .0 00
7,0 00
7 ,000
20 .000
20.000
20.000
10 .000
20 ,000
20 ,0 00
20,000
20 ,000
30 ,000
278 ,0 00
..
,.,
I
! , ..
• COUNCIL COMMUNICATION
DATE: March 17, 1997 AGENDAITEM SUBJECT : Enterprise Zone
10 a viii Marketing Contract
INITIATED BY: Department of Neighbor-STAFF SOURCE: Arthur Scibelli, Business
hood and Business Development Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
City Council has approved previous grant-in-aid applications/intergovernmental agreements
with the Department of Local Affairs on Enterprise Zone marketing and administrative support
funds.
RECOMMENDED ACTION:
Staff recommends City Council approve the 1997 contract/intergovernmental agreement with
the Colorado Department of Local Affairs so as to receive $7,000 in Enterprise Zone Market-
ing and Administrative Support funds .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
In 1990, the City of Englewood applied to the Colorado Department of Local Affairs , and was
granted, Enterprise Zone status for a majority of the industrially zoned property in Englewood .
Some retail property is also included in this zone . (See attached map).
The Department of Local Affairs has a competitive grant -in-aid program for Enterprise Zone
marketing and administrative support . This is the second year Neighborhood and Business
Development has applied for and received this grant. It requires a 100 % local match. The
1996 grant totaled $7 ,000 . Fiscal year 1997's successful grant also totals $7 ,000 . Matching
funds were anticipated and are available in the NBD 1997 Budget .
FINANCIAL IMPACT:
Last year's $7 ,000 grant helped offset the cost of the Community Profile, which features the
Enterprise Zone . This year 's funding will provide $5,250 for Business Retention oriented
1'\.
Pri nted on Rec yc :ed P a pe r .'~~)
"Englewood" promotional ads in the Denver Business Journal and other metro area publica-
tions. It will also provide $1, 7 50 for administrative/ clerical related expenses associated with
Enterprise Zone Administration.
LIST OF ATTACHMENTS:
Bill for Ordinance
DOLA Contract
h:\grou plbus\encmnela>uncil oo mmunnication-1997 iga.doc
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