HomeMy WebLinkAbout1998 Ordinance No. 040•
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ORDINANCE NO. lffl
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER WAGGONER
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-aid
program for Enterprise Zone marketing and administrative s upport; and
WHEREAS , the City has applied for and receive d this grant for three ye ars ; 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, Council passed Ordinance No . 25 , Series of 1997 which authorized the
acceptance of the 1997 Enterprise Zone Grant which also totaled $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; and
WHEREAS , the 1998 Enterprise Zone Grant also totals $7 ,000, of which $5 ,250
will go towards marketing of the Arapahoe County Enterprise Zone via newsletters,
maps and advertisements with an additional $1 ,750 applied toward
administrative/clerical related expenses;
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 15th day of June , 1998 .
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Published as a Bill for an Ordinance on the 19th day of June , 1998.
Read by title and passed on final reading on the 6 t h day of July , 1998.
Published by title as Ordinance No .~. Series of 1998, on the 10th day of July,
1998 .
I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true COP)'h'?f the Ordinance passed on final r e ading
and published by title as Ordinance No. _iU_, Series of 1998.
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EOC #357 CEPARTMENT OR AGCNCY NUMBER
NAA
CO~ ROUTlNG NUMBER
CONTRACT
THIS Contract, made this __ day of 19~ 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 C ity of Englewood. 3400
So. Elati St .. Ena lewood . CO 8011 O , hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise
made availab le and a sufficient unencumbered balance thereof remains available for payment in Fund No.
156, Approp. Code 316 , Org. Unit EBAO . GBL , Contract Encumb. No. E8EDC357 ; and
WHEREAS , required approval , clearance and coordination has been accomp lished from and with
appropriate agenc:es; and
WHEREAS , the State desires to promote econom ic development in Colorado by ass isting local
communit ies in expand ing their economic base; and
WHEREAS , pursuant to 24-46-10 1 to 105 , C.R.S . 1987, the Co lorado Econom ic Deve lopment Fund
is created , and is to be administered by the Departme nt of Local Affa irs; and
WHEREAS , app li cations for distributions fr om the Colorado Econom ic Development Fu nd have been
received by the E~onom i c Development Comm iss ion ; and
WHEREAS, the Economic Developme n t Commiss ion has reviewed and recommended to the
• Governor that the project described in th is contract be fi nanced with a grant; and
WHEREAS, the Governor has authorized expenditure of money from the Economic Development
Fund to finance the project descri bed in th is contract; and
WHEREAS , the Contractor is an eli gib le rec ipient of Colorado Economic Development funds;
NOW THEREFORE it is hereby agreed th at:
1. Area Covered. The Contractor shall perform and accomplish all the necessary work and
services prov ided under this Contract, as described in the attached Exhib it A, which is incorporated herein
and made part of this Contract by reference, in connection with and respecting the follow ing area or areas :
Araoahoe Coun t'v
2. Scace of Services . In cons ideration 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 shall 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 Scibelli , an employee or agent of Contractor, who is hereby designated
as the admin istrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this
Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement
• administrator-in-charge and the State receives notification of such replacement assignment.
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4. Time of Performance. This Contract shall became effective upon proper execution of this
Contract. The Project contemplated herein shall commence as soon as practicable after =:e execution of this
Contract and shall be undertaken and performed in the sequence set forth in the lime =f Performance· in •
the attached Exhibit A. No Economic Development Commission Funds provided under :r:is contract will be
expended prior to the full execution of this contract. rne Contractor agrees that ti me is ::::f :he essence in the
performance of its obligations under this Contract, and that completion of the Project sha ll :c::ur no later than
the termination date set forth in the lime of Performance .·
5. Comaensatian and Method of Pavment. rne State agrees to pay tc T.e Contractor, in
consideration for the work and ser.iices to be performed, a total amount not to exceed s= /EN THOUSAND
AND N0/100 DOLLARS ($7.000). The method and tim e of payment shall be made in a~orcance with the
•payment Schedule" set forth in Exhibit A.
6 . Accounting. At all times from the effec tiv e date of thi s Contract unr:i :;.:::mpletion of this
Project, the Contractor shall maintain properly segregatec books of State funcs, marc:-:1r; i.Jnds, and other
funds associated with this Projec t. All receipts and expenditures assoc iatec with sc:.: ?reject shall be
documented in a detailed and specific manner, and shail ac::ord with the "Sucget" se c :::::r:h in Exhibit A.
Contractor may acjust budgeted expenditure amounts up to ten percent (10%) within s2 :c Budge t ·.vithout
approval of the State. Adjustments of budget expenditure amounts in excess of ten pe::a:.~ (1 0%) must be
authorized by the State in an amendment to thi s Contract properly exec:..ited and apprc ·. :-: ;:icrsuant to th e
State Fiscal Rules . In no event shall the State's total c:::r.sideration ex ceed the arr:cunr s.-:wn :n ?arcgraph
5 above.
a . Unless otherwise provided in thi s Cantrac:, if Exh ibit A prov ides for mer: :-an or.e payment
by the State , the initial payment set forJ; :n the Payment Sc:iecu le sha :: :e mace as soon
as practicable after proper exec:..ition of thi s Contract. Tne Contrac:::;-sha il initia te all
subsequent payment requests by subm itjng documented proof of pre:::: ex;:::er.c iture of
State funds thus far received to a contrac: monitor designated by the S :.=:::.
b . The Contractor shall request the final ;:iay~ent, which is the amount .,._.;:.-:-:e!c by the State
until th e Projec t is complete, for the Prcjec: by submitting to th e c::nc-3 ·:: -:-cn itcr a cetailed
cost accounting of all State funds rec eivec and expended towarcs corr:: ::::n of the P:-oject.
Upon determining to its satisfa ct ion th a t all funds receivec by th e Cc.-:.--:c:cr have been
properly spent towards accomplishmer.t cf th e Project, the State sha il ;::-::-:-:pdy make final
payment to th e Contract or.
c. Within ninety (90) days of comp leti on of th e Project, the Contractor s.-a il s ubmit to the
contract monitor a detailed cost accounting of expenditures of the fina i ::ym ent received
from the State. Any State funds not ex;:::er.ded in connection w ith tr:: =~oje c! sh all be
remitted to the State at that time.
7 . Audit. The State or its authorized representative shall have the right to ins:e-:t. examine, and
audit Contractor's records, books and accounts, including the ri ght to hire an ind eper.d::.: Certified Public
Accountant of the State's choosing and at the State 's ex;:::ense to do so . Such discetic:-:=r; aud it may be
called for at any time and for any reason from the effective date of thi s Contract until five : 5 ) years after the
date final payment for this Project is received by the Contractor, provided th at th e audit is .::-,.:armed at a time
convenient to the Contractor and during regular business hours . Whether or not tt:e S ta te calls for a
discretionary audi t as provided for in this paragraph, if th e Project is accomplis h ed ·.vith ir. : s ir.g !e fiscal year
of the Contractor , the Contractor shall, at the conclus ion of the Project, and in adc iti on '.c :=ny other reports
required, submit a report and auditor's statement of the Project account to the Ecor.c:-7'.ic Development
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Commission in the Department of Local Affairs. Suc h report shall be prepared in conjuncticr 'Nith Contractor's •
regular yearly audit, and must be submitted with in six (6) months after the c!ose cf ~e then current
Contractor's fiscal year.
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8. Personnel. The Contrac!or represents that he has, or will sec:.1re at his own expense, unless
otherwise stated in Exhibit A. all personnel, as employees of the Contrac:cr, necessary to perform the work
and services required to be performed by the Contractor under this Conrrac:. Such personnel may not be
employees of or have any contractual relationship with the State and no suc:i personnel are eligible for any
employee benefits, unemployment compensation or any other benefits ac~orded to state employees and
Contractor agrees to indemnify the state for any costs for which the s:ate may be found liable in these
regards. Contractor shall pay when due all required employment taxes ar.c income tax withholding. All of
the services required hereunder will be performed by the Contrac:cr er under his supervision, and aJI
personnel engaged in the work shall be fully qualified and shall be autlicr.zed under State and local law to
perform such services.
9. Workmen's Comoensation Coveraae. Tne Contrac!or is res:ensible for providing Workmen's
Compensation Coverage and Unemployment Compensation Cove:age :er all of its employees to the extent
required by law, and for providing such coverage for themselves, anc for ;:rcvic ing such coverage or requiring
its subcontractors to provide such coverage for the subcontrac:cr's e:;-::ioyees. In no case is the State
responsible for providing Workmen's Compensation Coverage for ar::1 e~ployees or subcontrac:ors of
Contractor pursuant to this Agreement, and Contrac:or agrees to :nce:.-:r.::'j :r.e State for any costs fer wh ic:i
the State may be found liable in this regard.
10 . Termination of Contrac: for Con '1en ience of E;ther Partv . E '.T.e~ :.'"'.e State or the Contrac:cr may
terminate this Contract at any time the party determines that '.he ;:u r:cse :f :~e Contract would no longe: :e
ser1ed by completion of the Projec:. Tne party desiring to terminate T.e C.::-::-ac: shall effect such terminaticn
by giving written notice of termination to the other party and spedy ing ~he e:'":ec:ive cate thereof. at least :h ir.y
(30) days prior thereto. In that event, all fin ished or unfinished dcc:Jr.:e:-:s a:.c other materials shall , at :he
option of the State, become its property . Contractor shall re~ay ~r.cs ac'1ancec and net exf:encec in
accordance with the terms of this contract. Contractor shall not be .·e !i e,1 :.-::: cf 2ny obiigations to repay funds
advanced as a loan, notvvithstancing any terminat ion of the contract :er ::r:1en ience .
11 . Termination of Contract for Cause : Reoavrnent of Advar.cec! F=·.:r::s
a. If, through any cause, the Contractor shall fail :o fu if:ii .:-: a '.ime!y and proper manner its
obiigaticns under tl1is Contract. or if :he Contractor shall violate ar.:1 cf :he cover.ants. agreements. er
stipulations of this Contract, the State shall thereupon have the ;i gh t :o :e::-:-::r.a te th is Contract for cause by
giv ing written not ice to the Contractor of such termination and s;:ec ::'y i r.~ :.'"'.e eF.ective date thereof, at !eas t
five (5) days before the effective date of such term inat ion. In that e•1 ent. a ~i ~r.i st:ed or unfinished doc:.iments ,
data, studies, surveys, drawings, maps, mode!s, photographs, media ccr::-2c:s anc reports or other ;naterial
prepared by the Contractor under this Contrac: sha ll, at the opt ion of ~he S~!e , become its property; and the
Contractor shall be entitled to receive just and equ itable compens2t:cn :c; 2r.y satisfactor; work completed
on such documents and other materials.
b. Notvvithstanding the above, the Contractor shall not be re ::e·1ec! of liab ility to the State fer any
damages sustained by the State by virtue of any breach of the Contract'.::·: :t:e Contractor, and the State may
withhold any payment to the Contractor for the purpose of setoff un til ·s-.:c:: jrne as the exact amount of
damages due to the State from the Contrac:or is determined.
c. If funds have been advanced to the Contractor, Cor.trac::r shall repay such funds to the
extent they are not expended in accordance w ith the terms of th is contrac: 2: :he time of termination.
12. Chances. The State may, from time to time, require char.i;es in ~-= sc:pe of ser1ices of the Contract
to be performed hereunder. ·However, this Contract is inter.dee as tre complete integration of all
understandings betvveen the parties at this time, and no prior or cor.temf:c~::ecus addit ion, deletion, or other
amendment hereto, including any increase or decrease in the amount of .7.cr.:es :o be paid to the Contractor,
shall have any force or effect whatsoever unless embodied in a written :cntract amendment incorporating
such changes executed and approved pursuant to the State 's Fiscal Ru les . Notwithstanding this provision,
changes in the time of performance may be agreed to by letter if so prav :ced :or in Exhibit A, and contractor
Page 3 of 7 Pages
may make adjustments of less than 10 percent in budget line it ems as provided for in section 6 of this
Contract.
13. Reports. At least two (2) copies of all reports prepared as a result of the Project will be submitted
to the Economic Development Commission in the Department of Local Affairs within two (2) weeks of
completion of such reports .
14. Conflict of Interest.
a. No employee of the Contractor shall perior.n or provide part-time services for compensation,
monetary or otherwise, to a consultant or consultant firm that has been retained by the
Contractor under the authority of this C -:ntract
b. The Contractor agrees that no person at any time exercising any function or responsib ility ,
in connection with the elements of this project that are financed with State funds, on behalf
of the Contractor shall have or acquire any personal financial or economic interest. direct or
indirect, which will be materially affected by :his Contract, except to the extent :hat he may
receive compensation for his performance pursuant to this Contract.
c. A personal financial or econom ic interest inc!uces , but is not limited to :
i. any business entity in which the pe;son has a direct or indirect monetar; :nterest;
ii. any real property in whic:i the perscn has a direct or indirect monetary interest;
iii. any source of income, loans , or gifts received by or promised to the person with in
twe lv e (12) months prior to the exec:..ition date of this Contract;
iv. any business entity in which the person is a director, officer, general or limited
partn er, trustee, employee , or ho lds any pos ition of management.
For purposes of this subsection, indirect investr.:ent or interest means any in v estment or
interest owned by the spouse, pare nt, brother, s ister, son , daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law , son-!n-law, or daughter-in-law of the ~erson by
an agent on his/her behalf, by a genera l, li mited . 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, er a relative
as defined above possesses more than fifty percent (50%) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an above-defined
relative has a present or future interest worth more than One Thousand Dollars (S1 ,000 .00).
d . In the event a conflict of interest, as described in this Paragraph 14, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the Sta te a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reser1es the right to terminate the Contract
for cause, as provided in Paragraph 11 abo v e . Fa ilu re to file a disclosure statement required
by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the
State.
15. Comoliance with Aoolicable Laws. At all ti mes during the performance of this Contract, the Contractor
shall strictly adhere to all applicable federal and State laws that have been or may hereafter be established.
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16. SubcontraC:s. Copies of any and all subcontrac:S entered into by the Contrac!or to accomplish this
Project will be submitted to the Department of Local Affairs upon exec:.Jtion. Any and all c:::ntrac..s entered
into by the Contrac!or 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 . Severabilitv . To the extent that this Contract may be executed and performance cf :he obligations
of the parties may be accomplished within the intent of the Contract, the terms of this Contra<:: are severable,
and should any term or provision hereof be declared invalid or beccme inoperative for any reason, such
invalidity or failure shall not affect the validity of any other term or provision hereof. Tne waiver of any breach
of a term hereof shall not be construed as waiver of any other term.
18. Binding on Successors . Except as herein otherNise provided, this agreement shail inure :c the
benefit of and be binding upon the parties. or any subcontrac:ors hereto , and their respec!ive successcrs and
assigns .
19. Assianment. Neiti'ier party, nor any subcontrac:ors hereto, may assign its rights or C::..:t !es unce: :his
Contract without the prior written consent of the other party .
20 . Limitat ion ta Partic:..Jlar Funds . Tne parties hereto ex;::ress iy recognize that the Ccr.:.-ac:cr :s :c Je
paid, reimbursed , or other.vise compensated with Funes prcvicec :o the State for the pcr;Jcse of cont;ac::ng
for the services proviced for herein, and therefore, the Contrac:or exoress iy uncerst2r:cs ar.:: agrees :!"'.2r all
its rights, demands and c l2ims to compensation arising uncer this Contrac: are continge:.r .::on rece ::: of
such funds by the State. In the event th at suc:i funcs or any par: thereof are not received °:'.1 :he Sta:e . :h e
State may immediately terminate this Contrac:.
21. Minaritv Bus in ess Enterorise Partic :oa tion. It is the pc lic:; of the State of Co lcrac:. that rr.ir.:::-'.ty
business enterprises shall have the maximum prac:icabie opportunity to ;:artic:pate in th e pe:.'ormance .:: :ts
construction grant contracts . The Contractor agrees to use its best efforts to carry out this ;Jc i:c; to the :i..::!est
extent practicable and cons istent with the effic:ent performance of thi s Contract. As used in tr,;s Contrac:. :he
term Nminority bus in ess enterpri se~ means a bus iness , at least 50 percent (50%) of wr.:c.; is owr.e~ Jy
minority group members or, in the case of publicly owr.ed businesses , at :east 51 percent (5 '. ~S ) of th e s:.::::<:
of which is owned by minority group members . Fo r th e purposes of this definition. minority ;:-.:up me:.'.:e:s
are Negroes or Slack Americans , Spanish-speak in g Arr.er icans , Asian Americans. Arr.er.can lr.c :a::s.
American Eskimos and American Aleuts . Tne Contrac!or may rely on written represe nt a t:c:-:s by b ic:e:s ,
contractors, and subcontractors regard ing their status as minority enterprises and n eec .""'.ct condcc: an
independent investigation .
22. Parties' Relationsh io. Except with respect to its fiduc:ary obligat ions to the State se: :crth in E:~:::t:i t
A, the Contractor shall not be deemed an emp loyee or agent of the State . No agent er emplo y ee of
Contrac:or shall be or shall be deemed to be an employee or agent of the State, other than ~er purpcses of
compliance with the fiduciary obligations to the State in Exhibit A. Contrcctor will be so le:y and er.:reiy
responsible for its ac!s and the acts of its agents, employees and subcontrac!ors during th e ~erformar.ca of
this contract.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
~· This. c::ntrac: shall not be deemed valid .until it shall have been approved by the Controller of !tie State of Colorado or such assistant as he may desi.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILJTY
2. FinanCaJ ct:li~tions of the State of Colcrado payable after the current fiscal year are c:::ntingent upcn funds fer mat purpose being appropriated. budgeted
and other.vise made available.
BONO REQUIREMENT
3. If this c:::ntract involves the payment of more than fifty thcusand dollars for the construc:ion, erec:icn. repair, maintenance, or improvement of any
bu ilding, road. bndge. viaduct. tunnel, excavation or other public 'NOr1< for this State, the ccntrac-.cr shall, before entering upon the performance of any such
wor1< incuded in this contract. duly execute and deliver to the State official who will sign the c:::ntrac. a good and sufficient bond or other acceptable surety
to be apprcved by said official in a penal sum not less than one-half of the total amount payable by the '.erms of this contract Such bond shall be duly
exeC:.Jted by a qualified corporate surety, conditioned upon the faithful performance of the c::ntraC: and in addition . shall provide that if the contrac:or or his
subcontrac-.crs fall to duly pay for any labor. materials. team hire . sustenance. provisions. provender er other supplies used or consumed by suc.'i c:::ntrac::r
or his sut:c:::ntrac:or in performance of the work contrac:ed to be done or fails to pay any ;:erscn 'Nho succlies rental machinery, tools . er equipment in the
prosec..iticn of :he work the surety will pay the same in an amount not exceeding the sum speciied in the bend. '.ogether with interest at :he rate of eight
per cent ;:er annum . Unless suc.'i bond is exec..Jted. delivered and Ried , no claim in Faver of :tie c:::r.trac:cr arising under sue!"! contrac: shall :e audi ted .
allowed er ;:aid. A certified er cashier's check or a bank money order payable to the Treasurer of :t:e State of Co lorado may be ac::e;:ted in lieu of a oond.
This provision is in compliance with CRS 38-26-i 06.
INOE~NIF!CATION
4. To the extent authorized by law. the contrac:cr shall indemnify, save and hold harml ess ~e St;;te. its err.;::lc y ees and agents. aga ins: any and ail c:aims .
damages . !iat:ilit'/ and court awards including costs. expenses. and attorney fees incurred as a .·esuit of any ac: or omission by :r.e contrac::r. or its
employees. agents, subccntrac:ors. or ass ignees pursuant to :he terms of :h is contrac:.
ClSCRJMINATION AND AFFIRMATIVE ACTION
5. The c:::ntrac:or agrees to comply with the letter and sp irit of ttie Colorado Antidisc.'iminaticn Ac: cf 1957, as amended , and other applicab le law
respec:ing disc.'imination and unfair employment practice (CRS 24-34402), and as required by =.~ec:.:tive Creer, :::;ual Opportunity ar:d Affirmative Ac.
dated April ~6. 197S. Pursuant thereto, the following previsions shall be contained in all State ccntrac:s or sub-ccntracts.
During :tie ~erformance of this contract. the ccntrac:cr agrees as follows:
(a) The c::ntrac:orwill not disc.'iminate against an y ~m1=l cyee er applic.::nt :er emp loyment :ee<!..:se d race . creed . color. national origi n , sex. marital status .
religion. ancestry, mental or physical hanc icap , er age . The ccntrac!crwill take affim:ative aC::cn :o insure :hat app licants are employee . and ttlat employees
are treatec curing employment. without r egard '.o the above mentioned charac!eristics . Suc.'i ac::cn shall inc!ude. but not be lim i ted '.o the fc1lowing :
emp lc y r:-:er:t. upgrading, demotion, or transfer. reC"Uitrr.ent er rec-..J itrr.ent advertis ings : lay-0ifs er '.errr.inaccns: rates of pay or other :crr..s of comper:saticn :
and se!eC::cn for :raining, in duding apprenticesh ip . The c::ntrac:cr agrees to post in ccnsp ic:.icus }:laces . ava ilable tc employees and app li cants foremplcyrr.ent.
notices :a :e ;::rov ided by the contrac:ing officer setting forth provisions of this non...jisc.'imir:aticn :!ause.
(b) The ccntrac!cr will, in all solici tations or advertisements for employees placed by or en behai f of the ccntrac!or. state that all qualified app licants ·Nill
receive c.::nsiceration for employment without r egard to race, creed, color, national origin , sex , manta! status . religion, ancestr'/, mental or physical
handicap , er age.
(c) The contrac:or ·Nill send to eac!i labor union or representative of worl<ers with whic.'i he has a coilec:ive bargaining agreement or other contrac: or
understanding, notice to be provided by the contracting officer, advising the labor union or workers' re;::resentative of the contrac!or's ccmmitrr.ent under
the Exec..Jtive Order, Equal Opportunity and Affirmative Ac:ion, dated April 16, 1975, and of :r.e rules . regulations. and relevant Orders of the Governor.
(d) The c:::ntrac!or and labor unions will furnish all information and reports required by Executive Oreer. ::;ual Opportunity and Affim:ative Ac:icn of April
16, 1975, and by the rules, regulations and Orders of ttle Governor. or pursuant thereto . and will ;:ermit access to his books, rec::rds. and ac=cunts by
the contrac:ing agency and the office of the Governor or his designee for purposes of investigaticn '.o ascertain compliance with suc:i rules. regulations
and orders.
(e) A labor organization will not excl ude any individual otherwise qualified from full memt::ership rights in suc.'i labor organization, er expel any sue!"!
individual frcm membership in such labor organization or disc.'iminate against any of its memt::ers in :tie :t;ll enjoyment of wcrl< opporn.:nity, because cf race .
creed, c::lor, sex, national origin, or ancestry.
(f) A lat:: er organization, or the employees or members thereof will not aid , abet. incte. ccm1=el or ccerce :r.e doing of any act defined in this c:::ntraC: to t::e dis-
criminatory or obstn.Jct or prevent any person frcm complying with the provisions of th is contract or any order issued thereunder. or attempt either d irec:iy or
indirec!!y, to commit any act denned in this ccntract to be disc.'iminatcry.
Form 6-AC-029
Revised 1/93
395-53--01-1022
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{g) In the event of the ccntrae.or's non-compliance with the non-discimination clauses of this contract or with any such rules. regt.1la!lons. or orders . th is
o::ntra~may be canceled . :erminated or suspended in whole or in part and the contractor may be dedared ineligible for further State contracts in accordance
with procedures. authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, or by rules. regula!lons or orders promulgated
in accordance therewith . and sud'! other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Opportunity
3nd Affirmative Action of April 16, 1975. or by rules. regulations or orders promulgated in accordance therewith , or as otherwise provided by law.
(h) The C:intrac:orwill incude the provisions of paragraphs (a) through (h) in every sub<ontrad and subcontractor purc:iase order unless exempted by rules .
regulations . or orders issued pursuant to Executive Order, EquaJ Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon eac."1 subcontrac:cr or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency
may direct, as a means of enforcing such provisions. induding sanctions fer non-compfianca: provided, however, that in the event the contractcr bec::mes
involved in. or is threatened with, litigation, with the subcontrac:or or vendor as a result of such direction by the contrac:ing agency, the contractor may request
the State of Colorado to enter into sud'! litigation to protect the interest of the State of C:llorado.
COLORADO LABOR PREi=:RENC2
6a. Provisions of CRS 8-17-101 & 102 for preference of C:llorado labor are applicable to this contract if public works within the State are undertaKen
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be aJlcwed a preference against a non-resident bidder
from a state er foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident !fit is determined
by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be availatle
or would otheiwise be inc:::nsistent with requirements of FederaJ law. this su.bsedon shall be suspended. but only to the exteflt necessary to prevent denial of :."ie
moneys or to eliminate the inconsistenc; with Federal requi rements (CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shail be applied in the interpretation . execution . and enforcer.'.er.t
of this contract Any provision of this ccntract whether or not inc:::rporated herein by reference whid'I provides fer arbitration by any extra-judiC:al body er ;:ersc :i
orwhic:."1 is ottierwise in conflict with said laws, rules. and regulations shall be considered null and void . Nothing contained :n any provision incorporated here !n
by reference whic:.'1 purportS :o negate this or any ottier spec:al provision in whole or in part shall be valid or enfcrceable or available in any action at !aw wheT.er
by way of complaint. defense. or otherNise. Any prov ision rendered null and void by the operation of th is ;:irovision will not invalidate the remainder of ~i s
ccntract to the ex tent that :he contrac: is capable of execution .
8. At all ti mes c uring the ;ierformance of :ti is contract, the CcntraC::cr sha ll stric:J y adhere to all applicab le federal and state laws. rules and regu lations ~~"'
hav e been er may hereafter ::e estab li shed.
9. Pursuant to CRS 24-30-20 2.'1 (as amended), the state contro ll er may withhe ld debts owed to state ac;enC:es under :tie vendor offset intercep t sy s :e:.:
fer. (a) unpaid c.'i il d support debt er c:.'li ld support arrearages: (b ) unpaid balance of tax , accn.1ed interest. or c ttler c:.'iarges specified in Artic:e 22. Title 39, CRS ;
(c ) unpaid loans due to the student loan division of the departrr.ent of higher education : (d} owed '!mounts requ ired to be paid to the unemp loyme nt
compensation fund; and (e } other unpaid debts owing to the state or any agenc; thereof, the amount of wh ic:.'1 is fcund :o :::e owing as a result of fi nal agen i:;;
determination or reduced to j udgement as certified by the controller .
10. The signatories aver that '.he y are familiar with CRS 18-8-301 , et seq .. (Bribery and Corrupt Influences) and CRS 18-8-401 , et. seq., (Abuse of P1.,;c ii c
•
ffica), and that no v iclation of suc:.'1 provisions is present
11. The signatories aver that to the i r knowledge , no sta te employee has any personal or beneficia l interest whatsoever in the service or ;:irc pe:.-;
described here in :
IN WITNESS WHEREOF , the parties hereto have executed th is Contract on the day first above writte n .
Contrac:cr.
CIT':. OF E)l"GLP,VOOD
(Full Legal Name ) STATE OF COLCRADO
ROY ROMER, GOVER.'fOR
Thomas ,T, Bnrn~ By---------------------~
Pos ition (Title) _ _._~...;M-"-'ri=-v;;...:...0'""r._. ------
For the Exec:.mve 0 1RE·:7CR. ]f!r7Y Smith
84-6000583
DE?ARTMENT
OF ____________ ~L~o~c~al~A~ff:~a~i~rs,__ ______________ _
(If Corporation :)
Attest (Seal)
Loucrishia A. Ellis, Citv Clerk APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER • By
Evan Metcalf
Foon 6-AC-02C
Rev;sed 7/97
395-53-01-1030
STATE CONTROLLER
Clifford W. Hall
Rose Marie Auten
Page _]_ whic.'1 is the last of ....L.... Pages
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE •
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EDC # 357
ExHIBIT A
Colorado Economic Development Commission
SCOPE OF SERVICES
1. Project Description and Requirements
The Project consists of providing the Contractor with matching funds for the promotion of economic
development in the Araoahoe County Enterprise Zone area. Tnese funds shall be used for the
purposes of promotional activities that will 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 expansion of existing businesses, promote redevelopment, expand the
region's tourism industr;, attract new businesses, and generally enhance :he economic growth of :he
enterprise zone area. Such activities shall include the preparation, produc:ion, and/or distribution of
market research, printed materials , direct mail campaigns. print media ac·1ertising, trade show
promotions. special events, direct business prospect visitation, and other c!osely related ac:ivities. No
more than 25 percent of these funds may be used to pay for contrac:ors acministrative or staff costs .
Contractor may allocate funds to one or more subcontrac:ors inv olved :n .::remotion and econorr.ic
development activities in the enterprise zone . Contractor shall be respons ibl e for ensuring anc
documenting the expenditure of the required local matching funcs by Car.tractor or by its
subcontractors.
The contribution from the Economic Development Fund under :his Contract shall not exceed the
amount of local matching funds expended on this project or SEVEN THOUSAND dollars (57 .000\
whichever is less. All project costs in excess of this amount wiil be the responsibility of the Contrac:or.
Contractor shall match E.D.C. funds used on this project with at least a do ilar-for-dollar cash matc:i
from local sources. Local expenditures on enterprise zone marketing pro j ects incurred prior to the
effective date of this project but subsequent to July 1, 1997, may be counted toward the matching
funds requirement, provided that such expenditures have not been used to meet other state
contractual matching fund requirements .
2. Time of Performance
The Project shall commence upon execution of this Contract. Tne Contract will expire on June 30 ,
1999, except that the Contract may be extended a maximum of 12 months subject to the mutual
agreement of the State and the Contractor. A request far extension by the Contrac:or shall be
submitted to the State at least 30 days prior to the expiration of :he Contrac: with a full justification fer
the extension request.
EDC # 357 -Exhibit A
Page 1 of 2 Pages
3. Budget
REVENUE
E.D.C. Funds $7,000
Local Funds 7,000
TOTAL $14,000
4. Payment Schedule
EXPENOITIJRES
Market Research, Publications, Advertising,
Special Events, and Direct Marketing for the
Arapahoe County Enterprise Zone Program
Zone Administration
TOTAL:
$12,250
1,750
$14,000
I. $6,000 Initial payment to be paid upon request by the contractor following the execution of
this contract.
II. 1,000 Final payment to be made upon satisfactory completion of the Project. The
Cantrac!or 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.
$7,000 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 Contrac!or will submit an interim financial and narrative report properly documenting all
expenditures of E.D .C. funds at the time interim payments are requested. The Contractor will submit a
final financ ial status report properly documenting all expenditures of E.D.C. funds at the time the final
payment is requested, in accordance with the payment schedule.
EDC # 357 -Exhibit A
Page 2 of 2 Pages
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• COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT:
June 15, 1998
'
Colorado Department of Local
/0 a, I Affairs -Enterprise Zone
Marketing Grant
INITIATED BY: STAFF SOURCE:
Art Scibelli , Business Community Coordinator S. Darren Hollingsworth , Business Analyst
Neighborhood and Business Development
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Economic Development: Initiate business retention , revitalization, and growth strategies.
• RECOMMENDED ACTION:
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Staff recommends that City Council approve the attached Bill for Ordinance accepting $7 ,000
from the Colorado Department of Local Affairs (DOLA). These funds will 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 corridor and Cinderella City site receive Enterprise Zone
designation effective July 1, 1998.
The Department of Local Affairs has a competitive grant program for Enterprise Zone 's which
provides marketing and administrative support. This is the third year Neighborhood and
Business Development has applied for and received this funding .
The Enterprise Zone is used in Englewood as a veh icle for business retention. By encouraging
businesses to take advantage of Enterprise Zone tax credits , an opportunity is created for
businesses to strengthen operations through reinvestment of these dollars back in their
business .
FINANCIAL IMPACT:
The Colorado Department of Local Affairs requires that the City provide matching funds to
meet grant requirements. The Contract pledges $7,000 in local matching funds to cover this
obligation. These funds are included in the Neighborhood and Business Development 1998
Budget. Grant funding will be used for Enterprise Zone marketing and administration.
LIST OF ATTACHMENTS:
Proposed Bill for Ordinance
Marketing and Administration Proposal
DOLA Contract
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