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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9142113Economic Health Office Grant Agreement THIS AGREEMENT is made and entered into as of the date of acceptance by the City, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City") and fTH_rE COMMUNITY FOUNDATION("Recipient RECITALS: A. In 2004, the Fort Collins Economic Vitality and Sustainability Group recommended that certain business cluster be investigated as economic development strategies. B. In 2006, City Council, through the Budgeting for Outcomes Process, funded the Industry Cluster Analysis and Targeting Study, which established goals and criteria, such as "grow and retain existing businesses," "high employment multiplier effects," and more. C. On March 21, 2006, the City Council adopted Resolution 2006-037, authorizing the City Manager to join efforts with Colorado State University ("CSU"), the Northern Colorado Economic Development Corporation, Fort Collins Area Chamber of Commerce, Poudre School District, Larimer County, and private enterprises, to develop a Clean Energy Cluster for Northern Colorado. D. The strong relationship between the City, Colorado State University ("CSU"), Front Range Community College, entrepreneurs, and local businesses provides an outstanding collaborative setting within which these entities can work together for the betterment of the community and region. E. Fort Collins has a highly educated workforce capable of providing an intelligent pool of highly capable researchers able to enhance existing technologies and develop new innovative strategies and products. F. It is in the best interests of the City of Fort Collins, Larimer County, and the State of Colorado to develop employment that is economically stable, and nationwide attention is being paid to the concept of local and regional industry clusters as a means of furthering the economic health of communities. G. The clustering of related industries calls for a high degree of collaboration among individuals, businesses, and public entities in the development, design, production, transfer, and information and marketing of a particular kind of product in a single geographic location, on the theory that such entities can better further their industry objectives through such close interaction and collaboration. H. On August 17, 2010, City Council adopted Resolution 2010-055 reaffirming and supporting 14 the five existing cluster initiatives, which consist of inter,,,-,u organizations from within the identified Target Industries, inc '�t� Clean Energy, 2) Water Innovation, 3) Bioscience, 4) Technology, and 5) Uniquely Fort Co tins. Wndod9uppliar # OV # Batch # Acct j_.t nIrL� I. The 2012 Economic Health Strategic Plan highlighted supporting the growth of the innovation economy by supporting the targeted industry clusters, and through the Budgeting for Outcomes process and the Keep Fort Collins Great Enhancement, the City Council has allocated $432,000 in the City's 2013-2014 budget for support of the Targeted Industry Clusters. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: ' 1. The Recipient shall use the funds provided under this Agreement in accordance with the Recipient's Proposal, which is attached as Exhibit A and incorporated herein by this reference (hereinafter referred to as the Project). Any funds received by the Recipient under this Agreement and not reasonably necessary to carry out the Project shall be returned to the City within thirty (30) days of completion of the Project. 2. Any modification of the implementation of the Project from that indicated in the Recipient's application must receive prior written approval of the City. 3. For implementation of the Project, the Recipient shall receive payments as set forth below THREE QUARTERLY'payments, in the total amount of no more than 30000 which shall be expended by the Recipient to complete the Project no later than December 31, 2014. Each QUARTERLY payment of 510,000 disbursed on or around April 1, July 1, and Oct 1, will be contingent on progress reports documenting milestones and fundraising goals, due 14 days prior to the disbursement date. 4. The Recipient shall provide the City with copies of all receipts by November 30, 2014, and a written evaluation of the project documenting accomplishments, results achieved, community impact, and monetary and other returns if applicable including jobs created. A report template will be available on September 1s' from the Economic Health Office. Additionally, successful Recipients may be required to participate in an annual EHO conference, EHO/Cluster marketing materials, and serve as a cluster ambassador. 5. The Recipient agrees to make all records pertaining to activities carried out under this Agreement available to the City for audit upon request for at least three (3) years following the fulfillment of this Agreement. 6. If any provision of this Agreement is not met in the manner and time specified herein by the Recipient, the Recipient shall be in breach and the City may terminate the Agreement. Upon such termination, the Recipient shall return to the City all funds paid in accordance with this Agreement within thirty (30) days following receipt of the written request from the City to do SO. 7. This Agreement is not assignable without prior written consent of the City, in its sole discretion. 8. If the Project involves a specific site, the Recipient hereby represents and warrants that they have the permission of the owner of the site upon which the Project will take place, and further represents and warrants that it is fully authorized to undertake the activities. 9. This Agreement shall terminate upon expiration of all performance periods, including but not limited to all requirements related to recordkeeping and auditing, as set forth herein. 10, At all times during the performance of this Agreement, the Recipient shall strictly adhere to all applicable federal, state and local laws, rules and regulations that have been or may hereafter be established. 11. The signatories maintain that to their knowledge, no City employee has a personal or beneficial interest whatsoever in the service or property described herein. While there may be City employees that work with the Recipient, no such employees are parties hereto or will receive payment through the receipt of the grant funds provided hereunder. 12. The Recipient shall indemnify, save and hold harmless the City, its officers, employees and agents against any and all claims, damages, liability and court awards, including costs, expenses and attorney fees incurred as a result of any act or omission by the Recipient , its employees, agents, subcontractors or•astignees pursuant to the terms of this Agreement. 13. Funds shall be payable to the Recipient in accordance with the following schedule: 3 payments of $10,000 EACH on or around Aoril 1. July 1. and October 1, payable upon acceptance of this agreement by the City. The City may suspend payment until any default under this Agreement has been cured, or, in the event of failure by the Recipient to cure any default or pay any amount due to the City that has become overdue and delinquent, within fifteen (15) days after written notice by the City, the City may terminate this Agreement and shall have no obligation to make any further payment hereunder. 14. The City of Fort Collins Economic Health Office is subject to the Colorado Open Records Act (C.R.S. 24-72-101 through 24-72-112). Thus, documents and other materials received by EHO and its employees may be subject to public disclosure unless they fall within an except to the Act. EHO will deny the right of inspection of records that under the Act are considered trade secrets, privileged information, and confidential commercial and financial data, any of which recipient must clearly indicate at the time it is provided to EHO. Upon receiving an official open records request, EHO will promptly notify the Recipient and as needed, seek legal guidance from the City Attorney. 15. If the Recipient is a corporation or other entity, the person signing this Agreement on behalf of the Recipient hereby affirms that he or she has authority to act on behalf of the Recipient and to bind the Recipient to the terms of this Agreement. 16. Additional terms and conditions specific to this Agreement may be attached as Exhibit B and incorporated herein by this reference. IN-� ITNE�lS�S, WHEREOF the parties hereto have executed this Agreement this ✓�ay of 20a�v. AGREED BY: Recipient By Title On Behalf of the Recipient ��[ C,ON MVVN;Xj Cjd a Ei a' O No(s) Address 4-1 L455 VVkVAiVv,IF6 Phone ��f� —a— �34�� THE CITY F COLLI LORADO: By Gerry Paul Directorof.PP7ch siJngandRisk Management DATE: `/?� ( ,4 ATTEST: City Clerk APPROVED AS TO FOR Assistant City Attorney SEAL