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HomeMy WebLinkAbout487505 SPOKESBUZZ FORT COLLINS - CONTRACT - AGREEMENT MISC - ECONOMIC HEALTH OFFICE GRANT AGREEMENT- . Order # Vendor/supplier # Economic Health Office Grant A4reemen V # Batch # THIS AGREEMENT is made and entered into as of the between the CITY OF FORT_ COLLINS, COLORADO, a municipal corporation ("City') SpokesBUZZ"(dba InnovationSwap) a Colorado nonprofit corporation ("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. i 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. i 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 the five existing cluster initiatives, which consist of interrelated groups of businesses and organizations from within the identified Target Industries, including: 1) Clean Energy, 2) Water Innovation, 3) Bioscience, 4) Technology, and 5) Uniquely Fort Collins. 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 on an ANNUAL basis, in the total amount of no more than 10 000 , which shall be expended by the Recipient to complete the Project no later than December 31, 2014. 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 1" 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 satisfied 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. Any assignment without the City's prior written consent shall be deemed null and void and of no effect. g. 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 assignees pursuant to the terms of this Agreement. 13. Funds shall be payable to the Recipient in accordance with the following scheduler 1 payment of $16,000 within ten (10) days after the effective date of this Agreement, 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 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 the City and its employees may be subject to public disclosure unless they fall within an exception to the Act. The City 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 so. indicate at the time it is provided to the City. Upon receiving an official open records request, the City will promptly notify the Recipient and, as needed, seek legal guidance from the City Attorney. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Recipient represents and agrees that: a. As of the date of this Agreement: 1. Recipient does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Recipient will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program') or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Recipient is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Recipient shall: 1. Notify such subcontractor and the City within three days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Recipient shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.. e. . Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Recipient violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Recipient shall be liable for actual and consequential damages to the City arising out of Recipient's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Recipient violates this provision of this Agreement and the City terminates the Agreement for such breach. 16. 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. 17. Additional terms and conditions specific to this Agreement may be attached as Exhibit B and incorporated herein by this reference. IN WITNESS WHE$EOF, the parties hereto have executed this Agreement this day of60 n On Behalf of the Address 27G 1 i AA hon__-. THE CITJOR INS, COLORADO: By ` Gerry Paut Director of Pugchasing and Risk Management DATE: [ J / x c 1 `/ ATTEST: City Clerk APPROVED AS TO FORM: By: A istant City Attorney