HomeMy WebLinkAbout1999 Ordinance No. 032..
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ORDINANCE NO . 3A._
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO . 36
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7,500 GRANT FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) SUCH FUNDS WILL BE
USED FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION.
WHEREAS , 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 and commercially zoned property in the City of Englewood; and
WHEREAS , the South Broadway corridor and the Cinderella City site received
Enterprise Zone designation effective July 1, 1998; and
WHEREAS, the Department of local Affairs has a competitive grant program for
Enterprise Zones , which provides marketing and administrativ e support ; and
WHEREAS, this is the 4th year in which the Neighborhood and Business
Development Department of the City of Englewood has applied for and received such
funding; and
WHEREAS , the Enterprise Zone is used in the City as a vehicle for business
retention; and
WHEREAS , 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; and
WHEREAS , the Colorado Department of Local Affairs requires that the City
provide matching funds to meet grant requirements ; and
WHEREAS, the Contract between the Colorado Department of Local Affairs and
the City of Englewood pledges $7 ,500 in local matching funds to meet this obligation;
and
WHEREAS , this Grant and the matching funds will be used for Enterprise Zone
marketing and administration in the City of Englewood ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The Contract between the Col orado Department of Local Affairs,
Economic Development Commission for the acceptance of a $7 ,500 Grant to be used
for Enterprise Zone Marketing and Administration and the City of Englewood is
attached hereto as Exhibit 1.
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Section 2. The Contract between the Colorado Department of Local Affairs,
Economic Development Commission for the acceptance of a $7,500 Grant is hereby
accepted and approved by the Englewood City Council and the Mayor is authorized to
execute and the City Clerk to attest and seal the Contract for and on behalf of the City
of Englewood.
Section 3. The City Manager and the Financial Services Director are authorized to
transfer matching funds from the General Fund Unreserved Fund Balance to the
Neighborhood and Business Development Budget of the City of Englewood, Colorado .
Introduced , read in full, and passed on first reading on the 7th day of June, 1999.
Published as a Bill for an Ordinance on the 11th day of June, 1999.
Read by title and passed on final reading on the 21st day of June, 1999.
Published by title as Ordinance No. 3)...series of 1999, on the 25th day of June,
1999.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true cop~ ~f the Ordinance passed on final reading
and published by title as Ordinance No . ~Series of 1999.
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EDC #396
CONTRACT
DEPARTM ENT OR AGENCY NUM BE R
NAA
CONT RACT ROUTING NU MBER
E x
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THIS Contract, made this_ da y of 19..lliL_, by and between the State of Colorado for the T
use and benefit of the Department of Local Affairs, Economic Development Comm ission ("E.D.C ."), 1313
Sherman Street , Denver, Colorado 80203, here inafte r referred to as the State , and C itv of Englewood . 3400
So . Elat i St .. Enalewood . CO 80110 , hereinafter referred to as the Con tr actor.
WHEREAS, authorit y exi sts in the Law and Funds have been budgeted , appropriated and otherw ise
made available and a suffic ient unencumbered balance thereo f remains available for payment in Fund No .
156 , Approp. Code 902 , Org . Unit EBAO . GBL , Contract Encumb . No . E9EDC396 ; and
WHEREAS , required approva l, clearance and coordination has been accompl ishe d from and with
appropriate agencies ; and
WHEREAS, the .State desires to promote economic development in Colorado by assisting local
communit ies in ex pand ing their econom ic base ; and
WHEREAS , pursuan t to 24-46-101 to 105, C .R.S . 1987 , the Colorado Economic Development Fund
is created , and is to be administered by the Department of Local Affairs; and
. WHEREAS , applications for distribut ion s fr om the Colorado Economic Development Fund have been
rece iv ed by the Econom ic Developmen t Comm iss ion; and
WHEREAS , the Economic Development Commission has reviewed and recommended to the
Governor that the project described in this contract be financed with a grant ; and
WHEREAS , the Governor has author iz ed expend iture of money from the Economic Development
Fund to finance the project described in this contract; and
WHEREAS , the Contractor is an elig ibl e re cipient of Colorado Economic Deve lopment funds;
NOW THEREFORE it is hereb y agreed that:
1. Area Covered. The Contractor shall perform and accomplish all the necessary work and
services provided under this Contract , as desc ri bed in the attached Exhibit A, which is incorporated herein
and made part of this Contract by reference, in connecti on with and respecting the following area or areas:
Arapahoe County
2 . Scope 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 Serv ices", set forth in the Attached Exhibit A, hereinafter
referred to as the "Project". Work performed pr ior to the execution of this Contract shall not be considered
part of this Project.
3. Responsible 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 administrator-in-charge of this Project. At any time the administrator-i n-charge is not assigned to this
Project, all work shall be suspended until the Contractor ass igns a mutually acceptable replacement
administrator-in-charge and the State receives notification of such replacement ass ignment.
Page 1 of 7 Pages
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4. Time of Performance. This Contract shall become effective upon proper execution of this
Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in
the attached Exhibit A. No Economic Development 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 shall occur no later than
the termination date set forth in the "Time of Performance ."
5. Compensation and Method of Pavment. The State agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed SEVEN THOUSAND
FIVE HUNDRED AND N0/100 DOLLARS ($7.500). The method and time of payment shall be made in
accordance with the "Payment Schedule" set forth in Exhibit A.
6 . Accounting . At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly 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 specific manner, and shall accord with the "Budget" set forth in Exhibit A.
Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without
approval of the State . Adjustments of budget expenditure amounts in excess of ten percent (10%) must be
authorized by the State in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Paragraph
5 above.
a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment
by the State, the initial payment set forth in the Payment Schedule shall be made as soon
as practicable after proper execution of this Contract. The Contractor shall initiate all
subsequent 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, which is the amount withheld by the State
until the Project is complete, for the Project by submitting to the contract monitor a detailed
cost accounting of all State funds received and expended towards completion of the Project.
Upon determining to its satisfaction that all funds received by the Contractor have been
properly spent towards accomplishment of the Project, the State shall promptly make final
payment to the Contractor .
c . Within ninety (90) days of completion of the Project, the Contractor shall submit to the
contract monitor a detailed cost accounting of expenditures of the final payment received
from the State. Any State funds not expended in connection with the Project shall be _
remitted to the State at that time .
7. Audit. The State or its authorized representative shall have the right to inspect, examine, and
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audit Contractor's records, books and accounts, including the right to hire an independent Certified Public
Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be
called for at any time and for any reason from the effective date of this Contract until five (5) years after the
date final payment for this Project is received by the Contractor, provided that the audit is performed at a time
convenient to the Contractor and during regular business hours . Whether or not the State calls for a
discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year
of the Contractor, the Contractor shall , at the conclusion of the Project, and in addition to any other reports
required, submit a report and auditor's statement of the Project account to the Economic Development
Commission in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor's
regular yearly audit, and must be submitted within six (6) months after the close of the then current
Contractor's fiscal year. •
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8. Personnel. The Contractor represents that he has, or will secure at his own expense, unless
otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work
and services required to be performed by the Contractor under this Contract. Such personnel may not be
employees of or have any contractual relationsh ip with the State and no such personnel are eligible for any
employee benefits , unemployment compensat ion or any other benefits accorded to state employees and
Contractor agrees to indemnify the state for any costs for which the state may be found liable in these
regards . Contractor shall pay when due all required employment taxes and income tax withholding. All of
the services required hereunder will be performed by the Contractor or under his supervision, and all
perso n nel engaged in the work shall be fully qualified and shall be authorized under State and local law to
perform such serv ices.
9 . Workmen's Comoensation Coverage . The Contractor is responsible for providing Workmen's
Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent
required by law , and for provid ing such coverage fo r themselves , and for providing such coverage or requiring
its subcontractors to provide such coverage for the subcontractor's employees. In no case is the State
responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of
Contractor pursuant to this Agreement , and Contractor agrees to indemnify the State for any costs for which
the State may be found liable in th is regard .
1 o. Termination of Contrac t for Convenience of Either Party . Either the State or the Contractor may
terminate this Contract at any time the party determines that the purpose of the Contract would no longer be
served by completion of the Project. The party desiring to terminate the Contract shall effect such termination
by giving written notice of termination to the other party and specifying the effective date thereof, at least thirty
(30) days prior thereto . In that event , all finished or unfinished documents and other materials shall, at the
option of the State, become its property . Contractor shall repay funds advanced and not expended in
accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds
advanced as a loan, notwithstanding any termination of the contract for convenience .
11 . Termination of Contract for Cause ; Repayment of Advanced Funds
a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fi ve (5) days before the effective da te of such terminat ion . In that event, all finished or unfin ished documents ,
data, studies, surveys , drawings, maps , models , photographs, media contracts and reports or other material
prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials.
b. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may
withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of
damages due to the State from the Contractor is determined.
c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the
extent they are not expended in accordance with the terms of this contract at the time of termination.
12 . Changes . The State may, from time to time, require changes in the scope of services of the Contract
to be performed hereunder. However, this Contract is intended as the complete integration of all
understandings between the parties at this time, and no prior or contemporaneous addition, deletion, or other
amendment hereto, including any increase or decrease in the amount of monies to be paid to the Contractor,
shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating
such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision,
changes in the time of performance may be agreed to by letter if so provided for in Exhibit A, and contractor
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may make adjustments of less than 10 percent in budget line items 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 subm itted
to the Economic Development Comm ission 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 perform or provide part-time se rv 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 responsibility,
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, d ir ect or
indirect, which will be materially affected by this Contract, except to the extent that he may
receive compensation for his performance pursuant to this Contract.
c . A personal financial or economic interest includes, but is not limited to :
i. any business entity in which the person has a direct or indirect monetary interest;
ii. any real property in which the person has a direct or indirect monetary interest;
iii. any source of income, loans, or gifts received by or promised to the person within
twelve (12) months prior to the execution date of this Contract ;
iv. any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection , indirect investment or interest means any investment or
in terest 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 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 ($1,000.00).
d. In the event a conflict of interest, as described in this Paragraph 14, cannotbe avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State 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 reserves the right to terminate the Contract
for cause, as provided in Paragraph 11 above. Fa ilure to file a disclosure statement required
by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the
State.
15. Compliance with Applicable Laws . At all times 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. 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 execution . 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. Severabilitv. To the extent that this Contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable,
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 provision hereof. The waiver of any breach
of a term hereof shall not be construed as waiver of any other term.
18. Bindina on Successors . Except as herein otherwise provided, this agreement shall inure to the
benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and
assigns .
19. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party.
20 . Limitation to Particular Funds . The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting
for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all
its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of
~uch funds by the State. In the event that such funds or any part thereof are not received by the State, the
State may immediately terminate thi s Contract.
21 . Minority Business Enterorise Participat ion . It is the policy of the State of Colorado that minority
business enterprises shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts . The Contractor agrees to use its best efforts 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 stock
of which is owned by minority group members . For the purposes of this definition, minority group members
are Negroes or Black Americans , Spanish-speaking Americans, Asian Americans, American Indians,
American Esk imos and American Aleuts . The Contractor may re ly on written representations by bidders,
contractors , and subcontractors regarding their status as minority enterprises and need not conduct an
independent investigation.
22. Parties' Relationship. Except with respect to its 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
compliance with the fiduciary obligations to the State in Exhibit A. Contractor will be solely and entirely
responsible for its acts and the acts of its agents , employees and subcontractors during the performance of
this contract.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid .until it_ shall have been approved by the Controller of the State of Colorado or such assistant as he may design .
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted
and otherwise made ava ilable.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construct ion, erection, repair, maintenance , or improvement of any
building, road, bridge, viaduct , tunnel , excavation or other public work for this State, the contractor shall, before entering upon the performance of any such
work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or othe r acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount pa yable by the terms of this contract. Such bond shall be duly
executed by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his
subcontractors fail to duly pay for any labor , materials , team hire, sustenance, provisions , provender or other supplies used or consumed by such contractor
or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the
prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond , together with interest at the rate of eight
per cent per annum. Unless such bond is executed , d_elivered and filed, no claim in favor of the contractor arising under such contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond .
This provision is in compliance with CRS 38-26-106 .
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs , expenses, and attorney fees incurred as a result of an y act or omission by the contractor, or its
employees, agents, subcontractors , or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law
respecting discrimination and unfair employment practice (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. •
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race , creed, color , national origin, sex, marital status ,
religio n, ancestry, mental or physical handicap, or age . The contractor will take affirmative action to insure that applicants are emp loyed, and that employees
are t reated during employment, without regard to the above mentioned characteristics . Such action shall include , but not be limited to the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants fo r emp loyme nt ,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause .
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin , sex, marital status, religion, ancestry, mental or physical
handicap, or age .
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advis ing the labor union or workers' representative of the contractor's commitment under
the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor un ions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulation s and Orders of the Governor, or pursuant thereto, and will permit access to his books , records, and accounts by
the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations
and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity , because of race,
creed, color, sex , national origin, or ancestry .
(f) A labor organization , or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder, or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
Form 6-AC-028
Revised 1/93
395-53-01-1022
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(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules. regu la!ions. or orders. this
Gontract may be canceled. terminated or suspended in whole or in part and the contractor may be declared 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. regulations er orders promulgated
in accordance therewith. and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order . Equal Opportunity
and Affirmative Action of April 16, 1975. or by rules. regulations or orders promulgated in accordance therewith. or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each subcontractor or vend.or . 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 prov1s1ons, 1nclud1ng sanctions for non-compliance; provided, however, that in the event the contractor becomes
involved in, or is threatened with. litigation. with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request
the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are underta ken
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 allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which L'1e non-resident bidder is a resident. If it 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 available
or would otherwise be inconsistent with requirements of Federal law , L'lis subsection shall be suspended , but only to the exte nt necessary to prevent denial of the
moneys or to elim inate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation , execution, and enforcement
of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra -judicial body or person
or which is otherwise in conflict with said laws, rules . and regulations shall be considered null and void . Nothing contained in any provision incorporated herein
by reference which purports to negate this or an y other special provision in whole or in part shall be valid or enforceable or availab le in any action at law whether
bv way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not inv alidate the remainder of thi s
contract to the extent that the.contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all appl icab le fed era l and state laws , rules and regulations th at
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4 (a s amended ), th e state contro ll er may withhold debts owed to state agencies uncer the v endor offset intercept system
for: (a) unpaid child support debt or child support arrearages; (b) unpa id balance of tax, accruec interest. er other charges specified in Artic!e 22, Title 39, CRS ;
(c ) unpaid loans due to the student loan division of th e department of higher education; (d ) owed amounts required to be paid to the unemploym ent
ccmpensation fund; anc (e) other unpaid debts owing to the state er any agency thereof, the amount of which is founc to be owing as a result of final agency
determination or reduced to judgement as certified by the control ler .
10 . The signatories aver that they are familiar with CRS 18 -8-30~, et. seq., (Sribery and Corrupt Influences) and CRS 18-8-401. et. seq., (A buse of Pub iic
Office), and that no violation of such provisions is present.
11 . The signatories aver that to their knowledge, no state employee has an y personal or beneficial interest whatsoe ver in the service or property
• described here in:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written .
Contractor:
CITI' OF ENGLEWOOD
(l=ul! Legal Name)
ThOTIE.s J . Burns
Pos it ion (Title). __ _..Ma.....,y~o,.,...r _____________ _
84-6000583
Social Secumy Number or Federal 10 Number
(If Corporation:)
Attest (Seal)
By ----------------------~
PRE-APPROVED FORM CONTRACT REVIEWER
Evan Metcalf
Form 6-AC--02C
Revised 7/97
ST ATE OF COLORADO
BILL OWE:'-<S, GOVERNOR
B y ~--------------------~
For the E XECUTI VE DIRECTOR, Bob Brooks
DEPARTMENT
OF _~~~~~~L=o~c~a~l~A~f~fa~ir~s~~~~~~~~~
APPROVALS
ST A TE CONTROLLER
Arthur Barnhart
By --------------------~
Rose Marie Auten
395-53--01-1030 Page_]_ which is the last of _7 _ Pages
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EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE •
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EDC # 396
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 . These funds shall be used for the
purposes of promotional act iv ities that will market and ad verti se the advantages of locating a bus in ess
in the contractor's enterprise zone area, create a positive iden tity for the enterprise zone area,
encourage retention and expansion of exist ing businesses, promote redevelopment, expand the
region's tourism ind ustry , 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 advertising, trade show
promotions , spec ial events, direct business prospect visitation, and other closely related activities . No
more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs.
Contractor may al i ocate funds to one or more subcontractors involved in promotion and economic
development activities in the enterprise zone . Contractor shall be responsible for ensuring and
documenting the ex penditure of the required local matching funds by Contractor or by its
subcontractors .
The contribution from the Economic Development Fund under this Contract shall not exceed the
amount _of local matching funds expended on this project or SEVEN THOUSAND FIVE HUNDRED
do ll ars ($7 ,500), whichever is less. All project costs in excess of this amount will be the responsibility
of t he Contractor. Contractor shall match E.D .C . funds used on this project with at least a dollar-for-
dollar cash match from local sources. Local expenditures on enterprise zone marketing projects
incurred prior to the effective date of this project but subsequent to July 1, 1998 , may be counted
toward the matching funds requirement, provided that such expenditures have not been used to meet
othe r state contractual matching fund requirements.
2. Time of Performance
The Project shall commence upon execution of this Contract. The Contract will expire on June 30 ,
2000, 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 for extension by the Contractor shall be
submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for
the extension request.
EDC # 396 -Exhibit A
Page 1 of 2 Pages
3 . Budget
REVENUE EXPENDITURES
E.D.C . Funds $7,500 Market Research , Publications, Advertising,
and Direct Marketing for the Arapahoe
County Enterprise Zone Program
$11,250
Local Funds 7,500 Zone Administration 3,750
TOTAL: $15 ,000 TOTAL: $15,000
4 . Payment Schedule
I. $6,500
II. 1,000
$7,500
One or more payments to be pa id upon request and the submission of proper
documentation of expenditures of E.D .C. and local funds and work progress .
Fina l payment to be made upon sat isfactory completion of the Project. The
Contractor will submit a final financ ial 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 Pro j ect on an as-needed basis.
6 . Reporting Schedule
The Contractor w ill submit an interim financial and narrat ive report properly documenting all
expenditures of E.D.C . funds at the time interim pa y ments are requested. The Contractor will submit a
final financial status report properly documenting all expend itures of E.D.C. funds at the time the final
payment is requested, in accordance with the payment schedule.
EDC # 396 -Exhibit A
Page 2 of 2 Pages
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STATE OF COLORADO
EXECUTIVE CHAMBERS
1 36 State Capitol
Denver, Colorado 80203-1792
Phone (303) 866·2471
July24, 1998
Odell Barry, Chairman
Colorado Economic Development Commission
1625 Broadway, #1700
Denver, CO 80202
RE: 1998-99 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 administration grant projects as specified on the attached list and
hereb y approve the experiditure of up to a total of $300,000 from the Colorado
Economic Development Fund for these projects.
Roy Roi
Governor
Attachment
Roy Romer
Governor
#395
#396
#397
#398
#399
#400
#401
#402
#403
#404
#405
#406
#407
#408
#409
#410
#411
#412
Colorado Economic Development Commission
1998-99 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
Adams County Economic Development, Inc.
City of Englewood (Arapahoe County EZ)
Denver Urban EconomicOevelopment Corp.
East Central Council of Local Governments
El Paso County
Greeley/Weld Economic Development Action Partnership, Inc.
Huerfano/Las Animas Council of Governments
Jefferson Economic Council, Inc.
Larimer County
Western Colorado Business Development Center (Mesa County EZ)
Northeast Colorado Association of Local Governments
Associated Governments of Northwest Colorado
Pueblo County
Region 10 League for Economic Assistance & Planning
Upper Arkansas Area COG (San Luis/Upper Arkansas EZ)
Southeast Colorado Enterprise Development, Inc.
Region 9 Economic Development ~istrict of Southwest Colorado
Enterprise Zone Trade Show Marketing (East Central COG)
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$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
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Colorado Department of Local
Affairs -Enterprise Zone
June 7, 1999 10 a i Marketing Grant
Initiated By Staff Source
S. Darren Hollingsworth,
Neighborhood and Business Development Business Development Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Economic Development: Initiate business retention, revitalization, and growth strategies.
RECOMMENDED ACTION
Staff recommends that City Council approve the attached Bill for Ordinance accepting $7,500 from the
Colorado Department of Local Affairs (DOLA). These funds will used for Enterprise Zone marketing
and administration.
BACKGROUND, ANAL VSIS, 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 received Enterprise Zone designation effective July 1,
1998.
The Department of Local Affairs has a competitive grant program for Enterprise Zones, which provides
marketing and administrative support. This is the fourth year Neighborhood and Business
Development has applied for and received this funding.
The Enterprise Zone is used in Englewood as a vehicle 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 attached Contract between DOLA and Englewood pledges $7,500 in local matching
funds to meet this obligation. These funds are included in the Neighborhood and Business
Development 1999 Budget. Grant and matching funds will be used for Enterprise Zone marketing and
administration.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
Marketing and Administration Proposal
DOLA Contract
Background :
ARAPAHOE COUNTY ENTERPRISE ZONE
MARKETING AND ADMINISTRATION PROPOSAL
1999-2000
The Arapahoe County Enterprise Zone includes portions of the industrial and commercial
properties within three communities : Englewood, Sheridan, and Littleton. The Englewood and
Sheridan area of the zone was established in 1992, with Littleton added in 1992.
Marketing Activities : 1998-1999
A comprehensive marketing strategy has been developed for the Arapahoe County Enterprise
Zone . The objective of the strategy is to utilize a diverse range of publications and electronic
media.
Enterprise zone marketing funds from the 1998-1999 grant were used for the preparation of the
marketing pieces promoting the Arapahoe County Enterprise Zone.
The marketing pieces included :
• Arapahoe County Enterprise Zone Map
• City of Englewood, Business Development Newsletter (including Enterprise Zone expansion
information) and illustration
• South Metro Chamber of Commerce Enterprise Zone advertisement
• Greater Englewood Chamber of Commerce Directory Enterprise Zone advertisement
Marketing Efforts : 1999-2000
The implementation of the marketing strategy will continue in 1999 and 2000 . Distribution
vehicles include the following :
• Arapahoe County Enterprise Zone descriptive map
• Englewood Business Development newsletter
• Englewood Herald, Local Business supplemental feature
• Englewood business assistance brochure
• Internet
• Regular distribution of Arapahoe County Enterprise Zone information packet.
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• Colorado Real Estate Journal , Economic Development supplemental features
• Greater Englewood Chamber of Commerce Directory
• South Metro Denver Chamber of Commerce Directory
Administration Funding Request :
An administrative assistant with the Englewood Department of Neighborhood and Business
Development will be assigned the task of distributing enterprise zone certification forms , pledge
agreements , and literature during 1999 and 2000 . Maintenance of a data base for enterprise zone
inquiries , certifications and contributions reporting will also be a professional staff responsibility.
Marketing Funding Request:
• 75 % of $7 ,500 : $5 ,625
Enterprise Zone marketing materials
• 25 % of $7 ,500 : $1 ,875
Administrative and professional staff support for responding to enterprise zone inquiries
and maintenance of a database regarding state reporting requirements and report
submissions .
Total Arapahoe County Enterprise Zone 1999-2000 Marketing/Administration Request: $7,500