HomeMy WebLinkAboutCouncil Agenda Packet 09-25-17
AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 25, 2017 7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of August 28, 2017 and September 11, 2017 and Special Study Notes of August 28, 2017 and September 11, 2017
PROCLAMATIONS AND CEREMONIES Presentation of Police Department CALEA Award
CITIZENS’ RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY
SESSION AGENDA ROSTER. APPROVAL OF AGENDA DECISIONS, RESOLUTIONS AND MOTIONS
1. Resolution 34-2017 – concerning the proposed Redevelopment at the southeast corner of 44th Avenue and Jellison Street authorizing a Cooperation Agreement pertaining to the collection of Tax Increment Financing (TIF)
CITY COUNCIL AGENDA: September 25, 2017 Page -2-
DECISIONS, RESOLUTIONS AND MOTIONS con’t 2. Resolution 36-2017 – approving an Employee Screening Agreement with the Jefferson County Communications Center Authority
3. Reconsideration of the Mayoral Appointment of Kevin Hood to the vacant District IV seat of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021
CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
ADJOURN to Executive Session 1. Conference with the City Attorney and appropriate staff under Charter Section 5.7 (b)(1) and Section 24-6-402(4)(b), C.R.S., specifically for legal advice concerning
current litigation
ITEM NO: DATE: September 25, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 34-2017 - A RESOLUTION CONCERNING THE PROPOSED REDEVELOPMENT AT THE SOUTHEAST
CORNER OF 44TH AVENUE AND JELLISON STREET
AUTHORIZING A COOPERATION AGREEMENT PERTAINING TO THE COLLECTION OF TAX INCREMENT FINANCING (TIF) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________
City Manager ISSUE: Renewal Wheat Ridge (RWR), the Urban Renewal Authority for the City of Wheat Ridge, negotiated a Redevelopment Agreement with Sheard Family Trust for a commercially zoned redevelopment project at the southeast corner of 44th Avenue and Jellison Street. The owner has requested financial assistance in the amount of $767,383 for eligible improvements related to the project. Property and sales tax increment generated by the project will be used to fund this
request. A Cooperation Agreement between RWR and the City is required that details the intent of the proceeds and obligations of both parties as it relates to the collection of sales tax increment. PRIOR ACTION: At the September 18, 2017 study session, Council heard a presentation of the project. RWR adopted resolutions approving both the Cooperation and Redevelopment Agreements at their September 5, 2017, meeting.
Council Action Form – Swiss Flower Cooperation Agreement
September 25, 2017
Page 2 FINANCIAL IMPACT: If approved, the City will forego one and one-half cents of its local three-cent sales tax to the
project until the termination of the TIF term, when the reimbursement amount of $767,383 is paid in full. Because the proposed public investment for the Sheard activity is a bit lower than the other
public investment projects in Wheat Ridge, a lower return is expected. This lower return ($3.09
per every $1 of investment) is due to the unique nature of this project compared to the larger developments listed below. Project Terms Public Investment Estimated TIF Revenues ROI/$1 Dollar
Kipling Ridge 100% Property and Sales Tax/10 Years
$3.455M $13.8M $3.99
Corners at Wheat Ridge 100% Property
Tax/33%
Sales Tax/1% PIF/12-15 Years
$6.25M $25.0M $4.00
Sheard Project 100% Property Tax/50% Sales Tax
$767,383 $2.37M $3.09
BACKGROUND: The property is located at the southeast corner of 44th Avenue and Jellison Street on a site that
previously contained an abandoned residential unit. The Sheard Family purchased the property in 2016 with the concept of developing a new retail site for Swiss Flower and Gift Cottage. The owners have been working on site plans and building elevations for the past year. The property consists of two parcels, which were recently replatted to create the development site.
The proposed development would create 19,800 square feet of new retail and light industrial space. Construction is planned in three phases. Phase I includes a two-story retail/office building measuring 6,600 square feet that will house Swiss Flower and office space relating to the business. The project is currently under construction and the building’s footings have been
poured. The building should be completed sometime in early 2018. The estimated value of this
structure is $1.69 million, which equates to $225 per square foot of valuation. When complete, the retail business is anticipated to generate about $1.32 million per year, or $200 per square foot.
Council Action Form – Swiss Flower Cooperation Agreement
September 25, 2017
Page 3 The Phase II activity will include construction of 6,000 square feet of light industrial/makerspace
behind the new retail structure and is expected to be completed by 2022. The estimated market
value is $884,000. The new spaces will be leased to smaller businesses that may support the retail activities of Swiss Flower and Gift Cottage. Phase III will create an additional 7,200 square feet of makerspace with anticipated completion
in 2025, and a value of $1.03 million. As in Phase II, these spaces may be leased to artisans who
will create products for retail sale. When complete, the entire development will contain 19,800 square feet of new retail and makerspace that will be constructed between 2018 and 2025. The existing Swiss Flower building will remain in place and be used for the sale of larger retail items.
Cooperation Agreement
A Cooperation Agreement is required between RWR and the City of Wheat Ridge. The Cooperation Agreement details the intent of the proceeds and obligations of both parties as it relates to the collection of funds from the sales tax TIF referenced in the documents. In essence, the Cooperation Agreement provides the mechanism that allows the obligated activities
incremental sales tax to flow to the City and then be distributed into a special RWR account to
fund the activity. The Cooperation Agreement requires the City to continue to share 1½ cents of its three-cent sales tax with RWR until the reimbursement amount, $767,383, is paid to the developer.
RECOMMENDATIONS:
Staff recommends approval of the resolution because the project will provide the following benefits to the community.
• This type of assistance is one of the primary objectives for the creation of Urban Renewal
Authorities by the state.
• The project is consistent with many of the values, goals, and strategies stated in the Comprehensive Plan.
• The project builds on previous planning efforts and is consistent with the vision outlined
in several of the City’s adopted plans.
• The project will create new jobs, new companies, and increased sales tax production.
• The project supports City goals related to land use, economy, community design, and
sustainability.
• The project directly fulfills the plan’s action items that call for the City to entertain public private partnerships to achieve land assemblage and redevelopment. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2017, a resolution concerning the proposed redevelopment at the southeast corner of 44th Avenue and Jellison Street authorizing a Cooperation Agreement pertaining to the collection of Tax Increment Financing.” Or,
Council Action Form – Swiss Flower Cooperation Agreement
September 25, 2017
Page 4 “I move to postpone indefinitely Resolution No. 34-2017, a resolution concerning the proposed
redevelopment at the southeast corner of 44th Avenue and Jellison Street authorizing a
Cooperation Agreement pertaining to the collection of Tax Increment Financing for the following reason(s) ______________________________________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Executive Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2017
Exhibit 1 - Cooperation Agreement
Attachment 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 34
Series of 2017 TITLE: A RESOLUTION CONCERNING THE PROPOSED REDEVELOPMENT AT THE SOUTHEAST CORNER OF 44TH
AVENUE AND JELLISON STREET AUTHORIZING A COOPERATION AGREEMENT PERTAINING TO THE COLLECTION OF TAX INCREMENT FINANCING
WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article
XX of the Constitution of the state of Colorado; and
WHEREAS, the City Council of the City established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the RWR) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and
WHEREAS, the City Council has adopted the I70/Kipling Corridors Urban Renewal
Plan, as amended (the Plan) for the area described therein (the Urban Renewal Area); and
WHEREAS, The Sheard Family Trust (the Developer) has acquired title to, certain real property which is located at the southeast corner of 44th Avenue and Jellison Street (the Property), which is in the Urban Renewal Area; and
WHEREAS, the Developer has submitted a proposal to the City and the Authority
to redevelop the Property (the “Project”); and
WHEREAS, the City has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the redevelopment of the Project; and
WHEREAS, RWR has determined that the redevelopment of the Project in order
to remediate blight is consistent with and in furtherance of the purposes of RWR and the
Urban Renewal Plan; and
WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the urban renewal area will be through the use of property tax increment revenues and City sales tax increment revenues; and
WHEREAS, the Urban Renewal Plan adopted the utilization of property and
sales tax increment for the Property and authorizes RWR to pledge such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the urban renewal area pursuant to one or more Cooperation Agreements (as defined therein); and
WHEREAS, RWR and the Developer entered into a Redevelopment Agreement
that sets forth the rights and responsibilities of each party with respect to the financing and construction of the Project; and
2
WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions precedent, RWR will reimburse the Developer for eligible costs incurred in connection
with such eligible improvements in the maximum amount of $767,383 (the
“Reimbursement Amount ”) with the Reimbursement Amount to be payable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and
WHEREAS, in connection with the execution and delivery of the Redevelopment
Agreement and the repayment of the Reimbursement Amount in accordance therewith,
the City and RWR believe it is in the best interests of the City and RWR to enter into a Cooperation Agreement (the “Cooperation Agreement”) related to the Project; and
WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the proposed form of the Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that:
Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home rule charter (the “Charter”), and in accordance with the foregoing
recitals, that adopting this Resolution, redeveloping the Project and entering into the
Cooperation Agreement are in the best interests of the inhabitants of the City.
Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, as shown in Exhibit 1 in substantially the form on file with the City Clerk, is in all respects approved, authorized and confirmed. The Mayor is hereby authorized
and directed to execute and deliver the Cooperation Agreement, for and on behalf of the
City, in substantially the form and with substantially the same contents as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. The execution of the Cooperation Agreement by the Mayor shall be
conclusive evidence of the approval by the City Council of such document in
accordance with its terms.
Section 3. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document
authorized and approved by this Resolution. The Mayor, the City Manager, the City
Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the
redevelopment of the Project and implement and carry out the transactions and other
matters authorized by this Resolution.
Section 4. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers, employees or
3
agents of the City directed toward the redevelopment of the Project and the execution and delivery of the Cooperation Agreement are hereby ratified, approved and confirmed.
Section 5. Severability. If any section, subsection, paragraph, clause or
provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the
same are severable.
Section 6. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 8. Effectiveness. This Resolution shall take effect immediately.
DONE AND RESOLVED this 25th day of September, 2017.
Joyce Jay, Mayor
Attest:
Janelle Shaver, City Clerk
COOPERATION AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS COOPERATION AGREEMENT (this “Agreement”) dated as of September 25,
2017, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE (the “Authority”). WHEREAS, the City is a Colorado home rule municipality with all the powers and
authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the “Charter”); and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes
(“C.R.S.”) (the “Urban Renewal Law”); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental
entity; and WHEREAS, the City Council of the City (the “City Council”) has previously adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and
WHEREAS, the Sheard Family Trust, an Colorado Revocable Living Trust (the “Developer”) desires to construct three (3) office and retail buildings consisting of approximately 19,800 square feet of space on a parcel at the southeast corner of 44th Avenue and Jellison Street consisting of approximately 1.08 acres (the “Property”), which is in the Urban Renewal Area;
and
WHEREAS, the Developer has submitted a proposal to the City and the Authority to redevelop the Property (the “Project”); and WHEREAS, the Project is being undertaken to facilitate the elimination and prevention
of blighted areas and to promote redevelopment, conservation and rehabilitation of the Urban Renewal Area; and WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning
or undertaking of any urban renewal plans, projects, programs, works, operations, or activities of the Authority, to enter into agreements with the Authority respecting such actions to be taken by the City, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the Project and carrying out the Plan; and
Exhibit 1
2
WHEREAS, the Authority and the Developer expect to enter into a Redevelopment Agreement (the “Redevelopment Agreement”) that sets forth the rights and responsibilities of each party with respect to the financing and construction of the Project; and
WHEREAS, in order to finance certain eligible improvements for the Project, the
Redevelopment Agreement provides that, upon compliance with certain conditions precedent, the Authority will provide from reserves in the special account of the I70/Kipling Corridors Urban Renewal Plan and reimbursement of up to $767,383 in three separate development phases as set forth in a Redevelopment Agreement executed on September 5, 2017 (the “Payment”) with
such Payment to be payable from the Pledged Property Tax Increment Revenue and Pledged
Sales Tax Increment Revenues as the same are defined in the Redevelopment Agreement to be generated from the redevelopment of the Project; and
WHEREAS, in order to implement the provisions regarding the use of Pledged Sales Tax Increment Revenues generated from the Project, this Cooperation Agreement is necessary to
cause the City to deposit such Pledged Sales Tax Increment Revenues into the Special Fund of
the Authority to reimburse the Developer for Eligible Costs of the Project as defined in the Redevelopment Agreement; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Redevelopment Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the Authority agree as follows: l. COOPERATION. (a) The City shall continue to make available such employees of the City as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Urban Renewal Law, the Plan, or any
other lawfully authorized duty or activity of the Authority.
(b) The City agrees to assist the Authority by pursuing all lawful
procedures and remedies available to it to collect and transfer to the Authority on a timely
basis all Pledged Sales Tax Increment Revenues for deposit into the Project Account of the
Special Fund until the total amount of Pledged Revenues as defined in the Redevelopment
Agreement paid to Developer equals the Reimbursement Amount, or the expiration of the
twenty-five (25) year time frame for the Authority’s receipt of sales tax increment pursuant to
the Act expires, whichever first occurs.
(c) To the extent lawfully possible, the City will take no action that
would have the effect of reducing tax collections that constitute Pledged Sales Tax
Increment Tax Increment Revenues.
3
2. GENERAL PROVISIONS. (a) Separate Entities. Nothing in this Agreement shall be interpreted in any
manner as constituting the City or its officials, representatives, consultants, or employees as the
agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants, or employees as agents of the City. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations, or liabilities of the other.
(b) Third Parties. Neither the City nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto, provided, however, that the Lender is a third party beneficiary to the provisions hereof related to the collection and remittance to the Authority of the Pledged Revenues.
(c) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by both parties and incorporated as a written amendment to this Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the
Agreement.
(d) Entire Agreement. This Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties relating to
the subject matter of this Agreement and shall be independent of and have no effect upon any
other contracts. (e) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired.
(f) Assignment. Except for the pledge under the Loan Documents, this Agreement shall not be assigned, in whole or in part, by either party without the written consent of the other.
(g) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and
additional to any other remedies in law or in equity.
4
IN WITNESS WHEREOF, this Agreement is executed by the Parties as of September 25, 2017.
CITY OF WHEAT RIDGE, COLORADO
By:
Joyce Jay, Mayor
(SEAL) Attest:
_______________________ Janelle Shaver, City Clerk
APPROVED AS TO FORM
_______________________
Gerald Dahl, City Attorney WHEAT RIDGE URBAN RENEWAL AUTHORITY
_____________________________________ ATTEST: Tim Rogers, Chairperson
_____________________________ Steve Art, Executive Director
ITEM NO: DATE: September 25, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 36-2017 – A RESOLUTION
APPROVING AN EMPLOYEE SCREENING AGREEMENT
WITH THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE:
The Jefferson County Communications Center Authority (Jeffcom) anticipates being operational in the first quarter of 2018. To assist with the transition of 911 dispatching services to the new regional communications authority, Jeffcom has agreed to recruit, screen and pre-qualify candidates for call-taker and dispatcher positions for member agencies who wish to participate in
this program.
PRIOR ACTION: City Council approved an Inter-Governmental Agreement on March 21, 2016, establishing the Jefferson County Communications Authority.
FINANCIAL IMPACT: The services offered by the agreement are free to Jeffcom member agencies. By participating in this agreement staff anticipates a reduction in the work associated with recruitment and testing of candidates for the communications center. Initial estimates for the City to conduct recruiting and
testing for our Emergency Services Specialist positions is approximately $20,920 per process.
The department conducts two to three processes per year.
Council Action Form – Service Agreement with Jeffcom
September 25, 2017
Page 2 BACKGROUND: There are eight member agencies that agreed to regionalize emergency communication services
in Jefferson County (Arvada Police Department, Arvada Fire Protection District, Evergreen Fire Protection District, Golden Police Department, Lakewood Police Department, Jefferson County Sheriff’s Office, West Metro Fire Protection District and the Wheat Ridge Police Department).
To help with the transition of dispatching services to the new regional communications authority,
Jeffcom has agreed to recruit, screen and pre-qualify candidates for the new Emergency Communications Specialist (ECS) position. Jeffcom has already began the process of recruiting and testing candidates for call-taker and
dispatch positions. Candidates who meet the qualifications for the position will be tested using
current testing methodologies for these positions. Successful candidates will then take a polygraph examination, suitability and essential functions testing, as well as complete a background investigation. These steps are similar to the police department’s current processes. Having Jeffcom complete these steps will save staff time that would otherwise be committed to
these processes. Jeffcom will create a list of pre-qualified candidates for member agencies to
select from for any open positions in their respective agencies. Once a list of pre-qualified candidates is published, staff from the police department and Human Resources will review each candidate’s packet (application, testing materials, suitability,
polygraph and background). Staff will select qualified candidates for interviews with our
agency. The City can hire, accept, or reject any recommended candidate. Candidates not selected return to the pool of eligible Jeffcom candidates. Candidates who accept a job offer will become members of our agency until the cutover date, which is currently established as January 1, 2018.
At this time, the department has four vacancies in the communications center to fill. RECOMMENDATIONS: Staff recommends City Council approve the employee screening agreement with the Jefferson
County Communications Center Authority.
RECOMMENDED MOTION: “I move to approve Resolution No. 36-2017, a resolution approving an employee screening agreement with the Jefferson County Communications Center Authority.
Or, “I move to postpone indefinitely Resolution No. 36-2017, a resolution approving an employee screening agreement with the Jefferson County Communications Authority for the following
reason(s) _________________.”
Council Action Form – Service Agreement with Jeffcom
September 25, 2017
Page 3 REPORT PREPARED/REVIEWED BY: Daniel Brennan, Chief of Police
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2017
2. Jeffcom Service Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36
Series of 2017
TITLE: A RESOLUTION APPROVING AN EMPLOYEE SCREENING AGREEMENT WITH THE JEFFERSON COUNTY COMMUNICATIONS CENTER AUTHORITY
WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S., authorizes the City to enter into
agreements with other governmental entities to cooperate in the provision of any function, service, or facility each is authorized to provide; and
WHEREAS, the Jefferson County Communications Center Authority (“Jeffcom”) is a separate governmental entity created by an intergovernmental agreement, to which the
City is a party, for purposes of providing emergency services reporting, dispatching and
communication services to its member agencies; and
WHEREAS, to facilitate the eventual transition of dispatching services from the City’s own dispatch center to a centralized Jeffcom dispatch center, Jeffcom has offered to screen and pre-qualify applicants for City dispatcher positions until such time as Jeffcom
assumes sole responsibility for hiring dispatchers; and
WHEREAS, Jeffcom has proposed an Employee Screening Agreement setting forth the terms and conditions of the employee screening services, including the provision of such services at no cost to the City; and
WHEREAS, the Council finds that it is in the City’s best interest to take advantage
of this free employee screening service and that doing so would not compromise or
otherwise undermine the City’s final authority over its personnel decisions; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve intergovernmental agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Employee Screening Agreement between the City and the Jefferson
County Communications Center Authority is hereby approved. The Mayor and City Clerk are authorized to execute the same.
DONE AND RESOLVED this 25th day of September, 2017.
Joyce Jay, Mayor ATTEST:
Janelle Shaver, City Clerk Attachment 1
EMPLOYEE SCREENING AGREEMENT
THIS EMPLOYEE SCREENING AGREEMENT (this “Agreement”) is made and
entered into the most recent day and year set forth below by and between Jefferson
County Communications Center Authority (“Jeffcom”) and the City of Wheat Ridge, (the
“Member”). Jeffcom and Member are sometimes referred to herein individually as a
“Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Jeffcom is a separate governmental entity created pursuant to Section 29-1-203, C.R.S., by the Intergovernmental Agreement Establishing the Jefferson County Communications Center Authority (“Creation Agreement”); and
WHEREAS, the Member is a political subdivision of the State of Colorado organized and existing under the State of Colorado Constitution and the laws of the State of Colorado, and is a member of the Creation Agreement; and
WHEREAS, Jeffcom was established to provide emergency services reporting, dispatching, and communications, along with coordination and support services between its members, and between the members and public or private entities that have entered into an agreement for such services with Jeffcom; and
WHEREAS, pursuant to paragraph 3.4.1 of the Creation Agreement, Jeffcom is
constructing a consolidated communications and dispatching center on behalf of its
members at 433 S. Allison Way, Lakewood, Colorado 80226 (“Dispatch Center”);
WHEREAS, pursuant to paragraphs 3.4.4 and 3.4.6 of the Creation Agreement,
Jeffcom has the power to enter into, make and perform contracts of every kind and to
hire, manage and terminate employees; and
WHEREAS, pursuant to paragraph 6.4 of the Creation Agreement, the Member
will transfer certain employees to Jeffcom after July 1, 2017 at a date agreed to by the
Member and Jeffcom (the “Cutover Date”); and
WHEREAS, the Parties anticipate that the Member will have open positions for emergency dispatchers that need to be filled prior to the Cutover Date; and from the effective date of this Agreement through the Cutover Date (the “Screening Period”), the Parties desire to fill such open positions by having Jeffcom recommend candidates who meet the minimum qualifications attached hereto as Exhibit A and incorporated herein (the “Qualifications”) and using the recruiting, screening and interview process set forth on Exhibit B, attached hereto and incorporated herein (the “Screening Process”); and
Attachment 2
{00552502.DOCX / } 2
WHEREAS, this Agreement sets forth the terms and conditions upon which
Jeffcom will screen and recommend emergency dispatchers for hire by the Member
during the Screening Period.
AGREEMENT
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the Parties as follows:
1. Services.
(a) Jeffcom agrees to recruit, screen and interview candidates for open positions for emergency dispatchers using the Screening Process attached hereto as Exhibit B, and will create and maintain a list of qualified candidates (the “Recommended Dispatchers”) who meet the Qualifications listed in Exhibit A.
(b) Upon notification by a Member of an open position for an emergency dispatcher, Jeffcom will provide the list of Recommended Dispatchers to the Member.
(c) Member is under no obligation to hire from Jeffcom’s list of Recommended Dispatcher and may hire, accept, or reject any Recommended Dispatcher, or hire dispatchers not on the Recommended Dispatcher list.
(d) Any Recommended Dispatcher hired by the Member will be an
employee of Member and Member will be responsible for all wages, including any
overtime compensation, and benefits for and supervision of the Recommended
Dispatcher until the Cutover Date.
2. Term. The term of this Agreement shall commence upon execution by the
Parties and shall expire on the Cutover Date.
3. Early Termination by Member. Either Party may terminate this Agreement
at any time without cause by providing written notice of termination to the other Party.
Such notice shall be delivered at least three (3) days prior to the termination date
contained in said notice unless otherwise agreed in writing by the Parties.
4. Compensation. There shall be no charge for Jeffcom’s employee screening services to be performed pursuant to this Agreement.
5. Party Representatives. Each Party will designate, prior to commencement of work, its project representative (the “Party Representatives”) who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided pursuant to this Agreement. All requests for contract interpretations,
{00552502.DOCX / } 3
change orders, and other clarification or instruction shall be directed to the Party
Representatives.
6. Independent Contractor. The Services to be performed by Jeffcom are
those of an independent contractor and not of an employee of the Member. Neither
Party, nor its employees, if any, are entitled to workers’ compensation benefits from
the other Party for the performance of the Services specified in this Agreement.
7. Liability. Under no circumstances shall Jeffcom or the Member be liable to
the other Party for special, punitive, indirect or consequential damages arising out of or in connection with this Agreement (except as set forth in Section 9 herein). The Parties are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, defenses and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended (“CGIA”), or otherwise available to the Parties or their officers or employees.
8. Insurance. Each Party represents, warrants, and agrees that it has and shall maintain their own policies of State minimum workers’ compensation insurance coverage for its employees, and also maintain broad form general liability, property damage, and automotive liability insurance in the minimum amount of $350,000 for bodily injury,
death, or damage to property of any person and $990,000 for bodily injury, death, or
damage to property of more than one person, or the maximum amount that may be
recovered under the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended (the “CGIA”), whichever is higher. At the request of
either Party, the non-requesting Party shall provide the requesting Party with
documentation evidencing such coverages.
9. Illegal Aliens. Jeffcom certifies that Jeffcom shall comply with the
provisions of Section 8-17.5-101 et seq., C.R.S. Jeffcom shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into an agreement with a subcontractor that knowingly employs or contracts with an illegal alien. Jeffcom represents, warrants and agrees that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the E-Verify Program or the Department Program described in Section 8-17.5-101, C.R.S. Jeffcom shall not use either the E-Verify Program or the Department Program procedures to undertake pre-employment of job applicants while the public contract for services is being performed. If Jeffcom obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Jeffcom shall: (i) notify the subcontractor and the Member within three (3) days that Jeffcom has actual knowledge
that the subcontractor is employing or contracting with an illegal alien; and (ii) terminate
the subcontract with the subcontractor if within three (3) days of receiving such notice,
the subcontractor does not stop employing or contracting with the illegal alien, unless the
{00552502.DOCX / } 4
subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. Jeffcom shall comply with all reasonable
requests made in the course of an investigation by the Colorado Department of Labor and
Employment. If Jeffcom fails to comply with any requirement of Section 8-17.5-102(2),
C.R.S., the Member may terminate this Agreement for breach, and Jeffcom shall be liable
for actual and consequential damages to the Member. If Jeffcom participates in the
Department Program, Jeffcom shall provide the affirmation required under Section 8-
17.5-102(5)(c)(II), C.R.S., to the Member.
10. Warranties and Guarantees. Jeffcom provides no warranty or guarantee as to the suitability of any Recommended Dispatcher for employment with the Member or the performance of any Recommended Dispatcher once hired by Member. The inclusion of a Recommended Dispatcher on Jeffcom’s list means only that based on the information provided to and received and reviewed by Jeffcom, Jeffcom believes the Recommended Applicant meets the Qualifications.
11. Compliance with Laws. Jeffcom is obligated to familiarize itself and comply with all laws applicable to the performance of the services provided under this Agreement.
12. Acceptance Not Waiver. The Member’s approval or acceptance of any of
the services shall not be construed to operate as a waiver of any rights or benefits
provided to the Member under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either Party should fail or refuse to
perform according to the terms of this Agreement, such Party may be declared in default.
14. Remedies. In the event a Party declares a default by the other Party, such
defaulting Party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the Party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. If the non-defaulting Party commences legal or equitable actions against the defaulting Party, the defaulting Party shall be liable to the non-defaulting Party for the non-defaulting Party’s reasonable attorney fees and costs incurred because of the default.
15. Binding Effect. This writing constitutes the entire agreement between the Parties and shall be binding upon the Parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of the Parties.
16. Law; Venue. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. Venue for
{00552502.DOCX / } 5
any dispute between the Parties arising out of or relating to this Agreement shall be in the
State of Colorado District Court for Jefferson County.
17. Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision of this Agreement.
18. Annual Appropriation. Each Party’s obligations hereunder are subject to
the annual appropriation of funds necessary for the performance thereof, which
appropriations shall be made in the sole discretion of each Party’s Board of Directors.
19. Notices. All notices which are required or which may be given under this Agreement shall be effective when mailed via registered or certified mail, postage prepaid and sent to the following addresses:
To Jeffcom: Jefferson County Communications Center Authority Attn: Executive Director 433 S. Allison Way Lakewood, CO 80226
To Member: Wheat Ridge Police Department
Attn: Daniel Brennan, Chief of Police
7500 W. 29th Ave
Wheat Ridge, CO 80033
20. Counterparts, Electronic Signatures and Electronic Records. This
Agreement may be executed in two counterparts, each of which shall be an original, but
all of which, together, shall constitute one and the same instrument. The Parties consent
to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et
seq., C.R.S. The Agreement and any other documents requiring a signature may be signed electronically by either Party. The Parties agree not to deny the legal effect or enforceability of the Agreement, solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record or an electronic signature or that it is not in its original form or is not an original.
21. No Third Party Beneficiaries. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the
{00552502.DOCX / } 6
Parties to this Agreement, shall have any right, legal or equitable, to enforce any
provision of this Agreement.
JEFFERSON COUNTY COMMUNICATIONS CENTER
AUTHORITY
By:
Name:
Title:
Date:
MEMBER:
By:
Name:
Title:
Date:
EXHIBIT A
MINIMUM QUALIFICATIONS
High school diploma or GED
Must be at least 18 years old to apply
Demonstrated excellent oral and written communication skills
Testing scores:
• CritiCall minimum score: 80%, typing speed minimum 40 WPM
• National Dispatcher Selection Test (NDST) minimum score: 83%
• Prioritization/problem-solving exercise: pass/fail Background check: Successful background investigation by investigator to include:
• Interview with investigator
• Personal History Questionnaire
• Identity verification – appropriate government-issued identification which
verifies age and identity
• DMV history (including out of state, if applicable)
• Education verification – high school diploma and transcripts or GED certificate, and college transcripts and diploma, if applicable
• Credit check
• DD-214 from military service, if applicable
• Fingerprint check
• Applicable training, seminar, or certification(s) documentation
Ability to obtain and maintain CCIC/NCIC Certification: clear criminal records, or
within acceptable limits as defined by CJIS requirements
Successful completion of polygraph examination
Successful completion of drug screen (not positive for any prohibited substances)
Successful completion of hearing and vision screenings
Successful completion of psychological suitability examination
Positive professional references
Positive employment references and performance information
{00552502.DOCX / } 8
EXHIBIT B
SCREENING PROCESS
1. Job application through the Jeffcom Applicant Tracking System.
2. Applications and resumes reviewed by Jeffcom’s Ops Manager(s), Human
Resources Manager, and Executive Director as appropriate.
3. Written exercise: responses to job-specific questions to determine interest and
suitability, must be completed and submitted by candidate by set deadline.
Responses reviewed by Ops Manager(s), Human Resources Manager, and
Executive Director as appropriate.
4. Job Specific testing:
A. CritiCall and/or NDST
B. Prioritization/problem-solving exercise(s)
5. Personal History Questionnaire completed.
6. Oral Board Interview: team of management, Human Resources, and potentially current supervisors or managers from Member agencies.
7. Conditional Job Offer extended – job offer extended at this point conditional on
successful background check and on a Member agency having an opening that
needs to be filled. The conditional job offer allows Jeffcom to have certain
questions asked to gain vital information as part of selection process.
8. Background check process (not necessarily in this order):
A. Background investigation by investigator
• Interview with investigator
• Personal History Questionnaire
• Identity verification – appropriate government-issued identification which verifies age and identity
• DMV history (including out of state, if applicable)
• Education verification – high school diploma and transcripts or GED certificate, and college transcripts and diploma, if applicable
• Credit check
• DD-214 from military service, if applicable
• Applicable training, seminar, or certification(s) documentation
B. Criminal background checks (state, nationwide, FBI)
{00552502.DOCX / } 9
C. Employment verification including review of disciplinary actions, performance
reviews, and any other related performance information made available
D. Professional references (minimum of 3)
E. Fingerprint check
F. Drug test (hair follicle)
G. Hearing and vision screenings
H. Polygraph examination
I. Psychological screening for job suitability
9. Presuming candidate successfully passes all stages, the candidate will be placed on the eligibility list to be provided to Member agencies for selection.
• Member agencies may conduct interviews to choose from eligibility list, if desired. Jeffcom HR Manager can assist with scheduling if requested.
• All pre-employment documentation, assessment scores, background check documentation will be provided upon hire of candidate.
ITEM NO: DATE: September 25, 2017 REQUEST FOR CITY COUNCIL ACTION
TITLE: RECONSIDERATION OF THE MAYORAL APPOINTMENT OF KEVIN HOOD TO THE VACANT DISTRICT IV SEAT ON THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE, TERM TO EXPIRE NOVEMBER 30, 2021
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager
ISSUE: A vacancy exists on the Urban Renewal Authority in District IV. The vacancy was advertised in the Wheat Ridge Transcript, Channel 8, City website and through other printed and electronic media. Three citizens applied for the vacant District IV seat and after speaking with all of the
applicants, Mayor Jay appointed Kevin Hood to the seat. On September 11, 2017, City Council voted 3-2 to approve the Mayoral appointment of Kevin Hood. However, Section 25-24 of the Wheat Ridge Code of Laws requires that “each appointment to the authority shall be made by the mayor subject to approval by majority vote of the entire city council.” A majority vote of the entire
City Council is five votes; therefore, the original motion failed.
A motion for reconsideration of the Mayoral appointment was made and approved for the September 25, 2017 regular business meeting.
PRIOR ACTION:
City Council voted 3 to 2 to approve the Mayoral appointment on September 11, 2017. However, Mayoral appointments require approval by a majority of the entire City Council, which is five votes. A motion was made and approved to reconsider the Mayoral appointment of Kevin Hood to the Urban Renewal Authority at the September 25, 2017 regular business meeting.
Council Action Form – RWR Appointment
September 25, 2017
Page 2 FINANCIAL IMPACT: None
BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS:
Mayor Jay is recommending that Kevin Hood be appointed to the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge representing District IV, term to expire November 30, 2021.
RECOMMENDED MOTIONS:
“I move to ratify the Mayoral appointment of Kevin Hood to District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021.” Or
“I move to postpone indefinitely the Mayoral appointment of Kevin Hood to District IV of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2021 for the following reason(s) _____________________.”
REPORT PREPARED/REVIEWED BY: Robin Eaton Deputy City Clerk Patrick Goff, City Manager
ATTACHMENTS:
1. Kevin Hood, Application for Appointment
ATTACHMENT 1