HomeMy WebLinkAbout1-23-23 City Council Meeting Agenda PacketAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO January 23, 2023
7:00 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES NONE
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: January 23, 2023
PROCLAMATIONS AND CEREMONIES
Black History Month
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when
directed by the Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the
conclusion of the staff report for that specific agenda item.
c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record.
1.CONSENT AGENDA
a. Resolution No. 04-2023 - a resolution amending the Fiscal Year 2022 General Fund and Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $658,768 to fund building
division services and infrastructure projects
b. Resolution No. 05-2023 – a resolution amending the Fiscal Year 2023 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $91,162.30 for the purchase and payment of various 2022 vehicle
replacements and additions and the installation of lighting and auxiliary equipment
in a total amount not to exceed $415,068.30 c. Motion to approve the purchase and payment of 2023 vehicle replacements and the
installation of lighting and auxiliary and communications equipment in a total
amount not to exceed $518,994.15
d. Motion to award a custodial services contract and approve subsequent payments in
the not-to-exceed amount of $429,221.40 to S&B Confluence D/B/A Jani-King of Colorado and approve a contingency in the amount of $10,000 for unforeseen
custodial expenses
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 01-2023 - an ordinance approving the first amendment to the site
lease agreement with Verizon Wireless for use of the municipal building cellular tower 3. Council Bill No. 02-2023 - an ordinance approving the first amendment to the site
CITY COUNCIL AGENDA: January 23, 2023
lease agreement with T-Mobile West LLC, for use of the municipal building cellular tower
4. Council Bill No. 03-2023 - an ordinance approving the first amendment to the amended and restated site lease agreement with new Cingular Wireless PCS, LLC for use of the municipal building cellular tower
ORDINANCES ON FIRST READING
NONE
DECISIONS, RESOLUTIONS, AND MOTIONS
5. Motion to approve appointments to Boards and Commissions
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURN TO SPECIAL STUDY SESSION
PROCLAMATION
BLACK HISTORY MONTH
FEBRUARY 2023
WHEREAS, February’s Black History Month is an annual celebration of achievements
by Black Americans, recognition of their central role in U.S. history, and a time to reflect on the
continued struggle for racial justice and equality; and
WHEREAS, experts say understanding Black history and learning more about systemic
racism is essential for our country to grow as a nation; and
WHEREAS, Carter G. Woodson, known as the “Father of Black History,” developed
Black History Month. Woodson, whose parents were enslaved, was an author, historian and the
second Black American to earn a Ph.D. at Harvard University; and
WHEREAS, Woodson chose February to coincide with the birthdays of Frederick
Douglass, a famed abolitionist who escaped from slavery, and President Abraham Lincoln, who
formally abolished slavery; and
WHEREAS, with the resolution passed in 2020, Wheat Ridge City Council
confirmed that “racism and hate have no place in our City and there is much work to be
done to stop pervasive, long-standing, and devastating racial injustices in our
community”; and
WHEREAS, the Wheat Ridge Race and Equity Task Force which consists of
diverse and multiple perspectives began working in 2021 to review City policies,
services, ordinances and community systems and identify policies and practices that
contribute to discrimination; and
WHEREAS, the City of Wheat Ridge recognizes the importance of Black History
Month and our ongoing commitment to continuous improvement and self-reflection in
order to become a more inclusive and responsive community.
NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and
City Council formally designate the month of February 2023, as
BLACK HISTORY MONTH
IN WITNESS WHEREOF, on this 23rd day of January, 2023.
__________________________
Bud Starker, Mayor
Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: January 23, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 04-2023 - A RESOLUTION AMENDING
THE FISCAL YEAR 2022 GENERAL FUND AND RENEWAL WHEAT RIDGE BOND PROJECTS FUND TO REFLECT THE APPPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $658,768 TO FUND BUILDING DIVISION SERVICES AND INFRASTRUCTURE PROJECTS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Deputy City Manager City Manager
ISSUE: A supplemental appropriation in the amount of $658,768 is necessary to correct 2022 account balances in three specific areas: 1) Building Division - $300,000 for contractual services for permit review and building inspections; 2) Applewood Area Infrastructure Projects - $180,064 for design
contracts that were awarded in 2022 but not sufficiently budgeted; and 3) Wheat Ridge Ward
Station Projects - $178,704 for design and right-of-way consulting contracts that were awarded in
2022 but not sufficiently budgeted.
PRIOR ACTION: In 2018, Council approved a contract with Charles Abbott Associates (CAA) for building permit
review and inspection services.
On August 22, 2022, Council approved a contract with David Evans and Associates to design a concept plan of aesthetic improvements along the Youngfield Street Corridor; contract amendment
Council Action Form – 2022 Supplemental Appropriation January 23, 2023
Page 2
with Short Elliot Henderson, Inc. for professional services to complete construction plans for the Wheat Ridge Ward Station pedestrian bridge, plazas and trail improvements; and a contract amendment with HDR, Inc. for property acquisition services in the Wheat Ridge Ward Station
area.
FINANCIAL IMPACT: There is no financial impact to the City’s ending fund balance because the Building Division contractual services is offset by increased revenue and the infrastructure project expenditures are offset by a transfer from the Renewal Wheat Ridge bond proceeds.
BACKGROUND: Building Division Services Building Division Contractual Services (G/L 01-122-700-704) includes payment to Charles
Abbott Associates, Inc (CAA). The 2022 adopted budget included $1,958,287.00 for contractual
services, and this amount will be exceeded based on higher-than-expected permit-related activities. Revenues from building permit fees have trended upward and exceeded budget estimates for the last three years. In 2022, permit fee revenues were budgeted at $2,102,760 and actual revenues
were $2,674,621. Timing of permit submittals at Clear Creek Crossing has been particularly
unpredictable in the last two years, which is the greatest cause for underbudgeting in this area.
CAA has provided contractual building division services since 2018, and the payment structure is based on CAA receiving a portion of the City’s building permit revenues (exclusive of use tax). Those revenues include building permit fees, plan review fees and contractor license fees.
They are also paid a flat fee for expenses associated with reviewing, approving and inspecting
properties for business licenses. Their fee structure is tiered, such that as building division revenues go up, the percentage of revenues that are paid to CAA goes down. For each monthly billing cycle, the fee structure is as follows:
• First $60,000 – 68% of monthly revenues paid to CAA
• $60,001 – $100,000 – 60% of monthly revenues paid to CAA
• Over $100,001 – 55% of monthly revenues paid to CAA A supplemental appropriation of $300,000 will allow for payment of final 2022 invoices to
CAA.
Renewal Wheat Ridge Bond Fund Infrastructure Projects On August 22, 2022, Council awarded one contract and two contract amendments to projects in the I-70/Kipling Urban Renewal Plan Area and included in the Renewal Wheat Ridge Bonds Fund
(Fund 40). In all three cases, insufficient funds were budgeted to accommodate the value of the
contract and amendments.
1. David Evans and Associates (DEA) DEA previously completed a conceptual design plan of aesthetic improvements along the Youngfield Street corridor. On August 22, 2022, Council approved a new contract for the
next phase of the work; to finalize the design for the aesthetic improvements along with
bike and pedestrian improvements and prepare construction plans and specifications.
Council Action Form – 2022 Supplemental Appropriation January 23, 2023
Page 3
The 2022 professional services budget is $750,000. The contract award to DEA is for $863,264. In addition, a design contract was previously awarded to EST for the Youngfield bridge repair for $67,000, so the total budget necessary in 2022 is $930,064. The existing
budget must be increased by $180,064 so that the purchase order with DEA can be fully
encumbered and carried over into 2023.
2. Short Elliott Hendrickson, Inc. (SEH) SEH has been working on the design for the Bridge, Plazas, Trail projects for several years. On August 22, 2022, Council approved a contract amendment to add the necessary
environmental and additional design tasks due to the project needing to meet federal
requirements after receiving a Transportation Improvement Program (TIP) grant for $8.3 million. Although the grant is for construction related costs only, federal requirements must be followed for the entire project.
3. HDR, Inc
HDR has been working on the right-of-way (ROW) acquisition for the Bridge, Plazas, Trail
projects for several years. On August 22, 2022, Council approved a contract amendment to add the ROW acquisition tasks due to the project needing to meet federal requirements after receiving a Transportation Improvement Program (TIP) grant for $8.3 million.
Although the grant is for construction related costs only, federal requirements must be
followed for the entire project.
The 2022 professional services budget is $710,000 and includes both the SHE and HDR contracts. The contract amendment for SEH was $120,823 and the contract amendment for HDR was $58,312 for a total of $179,135. The total budget necessary in 2022 is $888,704.
The existing budget must be increased by $178,704 so that the purchase orders with SEH
and HDR can be fully encumbered and carried over into 2023.
RECOMMENDATIONS: Staff recommends approval of the 2022 budget supplemental so that the accounts can be properly reconciled.
RECOMMENDED MOTION: “I move to approve Resolution No. 04-2023, a resolution amending the fiscal year 2022 General Fund and Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $658,768 to fund Building Division services and
infrastructure projects.”
Or:
“I move to table indefinitely Resolution No. 04-2023, a resolution amending the fiscal year 2022 General Fund and Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $658,768 to fund Building Division services
and infrastructure projects for the following reason(s) _________________________________.”
Council Action Form – 2022 Supplemental Appropriation January 23, 2023
Page 4
REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Interim Community Development Director Allison Scheck, Deputy City Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 04-2023
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04
Series of 2023
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND AND RENEWAL WHEAT RIDGE BOND PROJECTS FUND TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $658,768 TO FUND BUILDING DIVISION SERVICES AND INFRASTRUCTURE PROJECTS WHEREAS, the council recognizes the importance and significance of Building Division services and improving infrastructure in Wheat Ridge; and
WHEREAS, necessary expenditures for Building Division services and
infrastructure projects were committed to in 2022; and
WHEREAS, insufficient appropriations in the 2022 General Fund and Renewal Wheat Ridge Bond Projects Fund exist to cover these expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $300,000 is hereby approved from the General Fund
undesignated reserves to account 01-122-700-704 and the 2022
revenues are amended accordingly. Section 2. A transfer of $180,064 is hereby approved from the Renewal Wheat Ridge Bond Projects Fund undesignated reserves to account 40-
101-700-750 and the 2022 revenues are amended accordingly.
Section 2. A transfer of $178,704 is hereby approved from the Renewal Wheat Ridge Bond Projects Fund undesignated reserves to account 40-103-700-750 and the 2022 revenues are amended accordingly. DONE AND RESOLVED this 23rd day of January 2023.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1b
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 05-2023 – A RESOLUTION AMENDING
THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $91,162.30 FOR THE PURCHASE AND PAYMENT OF VARIOUS 2022 VEHICLE REPLACEMENTS AND ADDITIONS AND THE
INSTALLATION OF LIGHTING AND AUXILIARY EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED
$415,068.30
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Director of Public Works City Manager ISSUE:
In 2022, twelve existing vehicles and four new vehicles were planned for purchase. Orders for
these vehicles were placed soon after Council approved the purchases in January 2022. To date, only six of the vehicles have been received. Two vehicles are in the process of being built for delivery later in 2023 or early 2024. Orders for the remaining eight vehicles were cancelled by the
manufacturers due to lack of supply and/or other factors affecting availability. Therefore, it is necessary to re-order these vehicles utilizing 2023 contracts with associated increases in costs.
This increased cost cannot be absorbed in the 2022 budget and will therefore require a budget
supplemental appropriation of $91,162.50. PRIOR ACTION:
City Council approved the purchase of 2022 vehicles at the January 24, 2022 City Council meeting.
Council Action Form – 2022 Vehicle Replacements January 23, 2023
Page 2
FINANCIAL IMPACT: The funds for the 2022 purchases were budgeted in the 2022 Public Works Department General
Fund Budget, account number 01-303-800-807, Fleet Replacement, and will be carried over, as
needed, to 2023. The combined total budget for the cost of the remaining vehicles, including the
cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscellaneous equipment is $415,086.30. Staff is requesting a supplemental budget appropriation in the amount of $91,162.30 from the General Fund to cover these increased costs.
Vehicle 2022 Cost 2023 Cost Net Increase
2022 Ford Escape AWD SUV $26,260.00 $33,056.15 $6,796.15
2022 Ford Escape AWD SUV $26,260.00 $32,201.15 $5,941.15
2023 Ford F-350 with dump bed $61,275.00 $73,765.00 $12,490.00
2023 Ford F-150 $28,204.00 $36,270.00 $8,066.00
2023 Ford F-150 $28,204.00 $36,270.00 $8,066.00
2023 Ford F-250 with plow $27,512.00 $53,335.00 $25,823.00
2023 Ford F-250 extended cab
with utility bed
$57,085.00 $69,075.00 $11,990.00
2023 Ford F-250 extended cab with utility bed $57,085.00 $69,075.00 $11,990.00
Sub-Total $311,885.00 $403,047.30 $91,162.30
Auxiliary Equipment Costs $12,039.00 $12,039.00 -
Total $323,924.00 $415,086.30 $91,162.30
BACKGROUND:
The city’s approved Vehicle and Replacement Policy is utilized to determine replacement
eligibility. This policy provides replacement guidelines that consider long-term effective service life and costs to aid staff in determining a replacement schedule and associated budget. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive
down-time of equipment, availability of parts or service, poor utilization, etc. The subject vehicles
are all in need of replacement. RECOMMENDATIONS: The vendor source and purchase price for these vehicles is through either State of Colorado,
Colorado Department of Transportation, or Sourcewell purchasing contracts. Utilizing these
contracts allows the city to attain the vehicles and equipment at the best price and in accordance
with bid/purchasing requirements. Staff is also recommending the purchase of two Ford Escape vehicles from Phil Long Ford at sticker price less any taxes, in lieu of ordering vehicles from the state bid in order to put them into service sooner. Details on the various vehicles is provided below:
1. Two (2) new model year 2022 all-wheel drive Ford Escape SUV’s will be purchased from
Phil Long Ford of Englewood, Colorado, to replace two (2) existing, high mileage 2001
Council Action Form – 2022 Vehicle Replacements January 23, 2023
Page 3
Honda sedans, units 25 and 200 in the Investigations Division of the Police Department. $33,056.15 & $32,201.15.
2. One (1) new model year 2023, large 4x4 Ford F-350 cab and chassis with dump bed will
be purchased from Sill-Terhar Motors, Inc. of Broomfield, Colorado to replace one (1) existing, high mileage Chevrolet 3500 cab and chassis with dump bed, unit 296, in the Operations Division of the Public Works Department. $73,765.
3. One (1) new model year 2023 mid-size, Ford F-150 pickup will be purchased from Sill-
Terhar Motors, Inc. of Broomfield, Colorado to replace two (1) existing, high mileage 2001 Dodge Dakota 4x4 pick up, unit 102, in the Construction Services Division of the Public Works Department. $36,270.
4. One (1) new model year 2023 mid-size, Ford F-150 pickup will be purchased from Sill-Terhar Motors, Inc. of Broomfield, Colorado to replace one (1) existing, high mileage 2001
Dodge Dakota 4x4 pick up, unit 306, in the Building Maintenance Division of the Public Works Department. $36,270.
5. One (1) new model year 2023, large, 4x4, Ford F-250 pickup will be purchased from Sill-
Terhar Motors, Inc. of Broomfield, Colorado, as a new addition in the Forestry/Open Space Division of the Parks and Recreation Department. $53,335. 6. Two (2) new model year 2023, large, 4x4, F-250 extended cab pick-ups with plows and
utility beds will be purchased from Sill-Terhar Motors, Inc. of Broomfield, Colorado, to
replace two (2) existing, high mileage pickups, units 310 and 313 in the Maintenance Division of the Parks and Recreation Department. $69,075/ea.
Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement vehicles along with the installation of lighting, markings,
communication, emergency and snow and ice control equipment. The estimated cost of auxiliary
equipment, markings, decals and miscellaneous items is $12,039. All of the existing vehicles being replaced will be disposed of by public auction.
RECOMMENDED MOTION: “I move to approve Resolution No. 05-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $91,162.30 for the purchase and payment of various 2022 vehicle replacements and additions and
the installation of lighting and auxiliary equipment in a total amount not to exceed $415,068.30.”
Or,
“I move to table indefinitely Resolution No. 05-2023, a resolution amending the Fiscal Year 2023
General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $91,162.30 for the purchase and payment of various 2022 vehicle replacements and additions
Council Action Form – 2022 Vehicle Replacements January 23, 2023
Page 4
and the installation of lighting and auxiliary equipment in a total amount not to exceed $415,068.30 for the following reason(s)_____________________________.”
REPORT PREPARED/REVIEWED BY:
Bill Tocco, Lead Fleet Mechanic Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS:
1. Vehicle Price Specifications
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND
BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $91,162.30 FOR THE PURCHASE AND PAYMENT OF VARIOUS 2022 VEHICLE REPLACEMENTS AND ADDITIONS AND THE INSTALLATION OF LIGHTING AND AUXILIARY EQUIPMENT IN A TOTAL AMOUNT NOT
TO EXCEED OF $415,068.30
WHEREAS, the City budgeted for replacement of a number of vehicles in 2022; and
WHEREAS, the prices were solicited and the vehicles were ordered only to have the orders cancelled by the manufacturer due to supply issues; and WHEREAS, the vehicles must be re-ordered at 2023 pricing utilizing various contracts; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A supplemental budget appropriation of $91,162.30 is hereby approved to be transferred from General Fund undesignated reserves to account 01-303-
800-807 and the 2023 revenues are amended accordingly. Section 2. The purchase of eight vehicles, along with associated outfitting
costs, in an amount not to exceed $415,068.30, is hereby approved.
DONE AND RESOLVED this 23rd day of January 2023.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ATTACHMENT 1
CITY OF WHEAT RIDGE Specifications for one (1) Public Works – ½ ton, Extended Cab, 4x4 Pickup (Replacement for Unit 102)
October 14, 2022
BASED ON 2023 STATE OF COLORADO PRICE AGREEMENT # 171217
Base vehicle as bid: 2023 Ford F-150 Extended Cab: $34,625.00
Standard Specifications
Body Code: F2 OEM Model #: X1E Trim Level: XL OEM Code: 100A
Exterior Color: White
Interior: Medium Dark Slate Fuel Type: Gas Factory Options
96W Spray in bedliner $595
423 Toolbox across bed- chest style $1050
Total Price of Vehicle Only with Selected Factory Options: $36,270.00
CITY OF WHEAT RIDGE Specifications for one (1) Public Works – ½ ton, Extended Cab, 4x4 Pickup (Replacement for Unit 306)
October 14, 2022
BASED ON 2023 STATE OF COLORADO PRICE AGREEMENT # 171217
Base vehicle as bid: 2023 Ford F-150 Extended Cab: $34,625.00
Standard Specifications
Body Code: F2 OEM Model #: X1E Trim Level: XL OEM Code: 100A
Exterior Color: White
Interior: Medium Dark Slate Fuel Type: Gas Factory Options
96W Spray in bedliner $595
423 Toolbox across bed- chest style $1050
Total Price of Vehicle Only with Selected Factory Options: $36,270.00
ITEM NO: 1c
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT
OF 2023 VEHICLE REPLACEMENTS AND THE INSTALLATION OF LIGHTING AND AUXILIARY AND COMMUNICATIONS EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $518,994.15
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Director of Public Works City Manager
ISSUE: Staff recommends the purchase of seven replacement vehicles for Fiscal Year 2023 under the State
of Colorado Price and CDOT Price Agreements as well as one purchase from a dealership. Staff also recommends approval to purchase, install and/or relocate auxiliary equipment required for the
operation of the replacement vehicles along with the installation of lighting, markings, and communication equipment at a total cost of $92,000. The total cost of the vehicles, including preparation for use, is not to exceed $518,994.15. PRIOR ACTION:
None.
FINANCIAL IMPACT: The funds for these purchases are budgeted in the 2023 Public Works Department General Fund Budget, Account Number 01-303-800-807, Fleet Replacement. The combined total budget for
2023 in this account is $935,000.
CAF – 2023 Vehicle Replacements January 23, 2023
Page 2
Vehicle Unit Cost Total Cost
Three (3) 2023 Ford Police Interceptor Utility Vehicles $44,451.00 $133,353.00
One (1) 2022 Ford Escape AWD SUV $34,401.15 $34,401.15
One (1) 2023 Ford F-150 with topper $39,740.00 $39,740.00
One (1) 2023 International Tandem Axle
Cab & Chassis
$147,794.00 $147,794.00
One (1) 2023 Ford F-350 with dump bed
& lift gate
$71,706.00 $71,706.00
Sub-Total $426,994.15
Auxiliary Equipment $92,000.00
Total $518,994.15
BACKGROUND:
The City vehicle and replacement policy, revised by the City Council in 2011, is utilized to
determine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive downtime of
equipment, parts or service no longer available, poor utilization, updated legal considerations, etc.
RECOMMENDATIONS: The vendor source and purchase price of the equipment is through the State of Colorado and
Colorado Department of Transportation purchasing contracts which allows the City to attain the equipment at the best price and in accordance with bid/purchasing requirements. Due to a lack of
available vehicles, staff has also researched and is recommending purchase of one vehicle from a
local dealership. Staff recommends the purchase of the following vehicles this year: 1. Three (3) new model year 2023, mid-size, all-wheel drive, Ford Police Patrol Utility
Interceptor will be purchased from Sill-TerHar Motors, Inc. of Broomfield, Colorado, to
replace three (3) existing, high mileage Police Patrol marked sedans, units 53, 57 and 87 in the Patrol division of the Police Department. 2. One (1) new model year 2022, Ford Escape AWD SUV will be purchased from Phil Long
Ford of Denver, Colorado, to replace one (1) existing, high mileage Police Detective sedan,
unit 45 in the Investigations division of the Police Department. 3. One (1) new model year 2023, Ford F-150 pickup truck with bed topper will be purchased from Sill-TerHar Motors, Inc. of Broomfield, Colorado, to replace one (1) existing, high mileage Community Services marked vehicle, unit 36 in the Community Services Division
of the Police Department.
4. One (1) new model year 2023 International HV5513 6x2 tandem axle cab and chassis will be purchased from McCandless Truck Center, LLC of Aurora, Colorado to be a new
addition to the fleet in the Operations Division of the Public Works Department.
CAF – 2023 Vehicle Replacements January 23, 2023
Page 3
5. One (1) new model year 2023, Ford F-350 with a dump bed and a hydraulic lift gate will be purchased from Ken Graff Ford, LLC of Greeley, Colorado, to replace one (1) existing,
high mileage pickup, unit 305 in the Parks Maintenance Division of the Parks and
Recreation Department.
All of the vehicles being replaced will be disposed of by public auction. The estimated cost of auxiliary equipment, markings, decals, and miscellaneous items for police
patrol vehicles is $75,000. The estimated cost of auxiliary equipment, decals, and miscellaneous
items for the remaining vehicles is $17,000. The estimated cost of auxiliary snow and ice removal equipment, lighting, hydraulics, and miscellaneous items to outfit the tandem cab and chassis truck is estimated to be $200,000.00 and will be a separate purchase approval brought before City
Council for consideration.
RECOMMENDED MOTION: “I move to approve the purchase and payment of 2023 vehicle replacements and the installation of lighting and auxiliary and communications equipment in a total amount not to exceed
$518,994.15.”
Or,
“I move to deny the approval of the purchase and payment of 2023 vehicle replacements the installation of lighting and auxiliary and communications equipment for the following reason(s): ______________________________”
REPORT PREPARED/REVIEWED BY:
Bill Tocco, Lead Fleet Mechanic Maria D’Andrea, Director of Public Works Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager ATTACHMENTS: 1. State of Colorado and CDOT Price Agreements 2. Vehicle Price Specifications
ATTACHMENT 1
ITEM NO: 1d
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CUSTODIAL SERVICES
CONTRACT AND APPROVE SUBSEQUENT PAYMENTS IN THE NOT-TO-EXCEED AMOUNT OF $429,221.40 TO S&B CONFLUENCE d/b/a JANI-KING OF COLORADO AND APPROVE A CONTINGENCY IN THE AMOUNT OF $10,000 FOR UNFORESEEN CUSTODIAL EXPENSES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Director of Public Works City Manager
ISSUE: The City’s various facilities require consistent custodial attention. Ensuring clean and hygienic
public and workspaces is fundamental to the safe operation of the city organization and community services. A request for proposals (RFP) was issued and staff is recommending the approval of a
contract to S&B Confluence d/b/a Jani-King of Colorado in the amount of $429,221.40 plus a contingency for unforeseen items of $10,000. This contract will cover the 2023 calendar year. PRIOR ACTION:
City Council approved the current contract for custodial services in April 2020.
FINANCIAL IMPACT: Funding for these contracts is budgeted in the General Fund and is currently appropriated in the
Central Services account of 01-610-700-704.
BACKGROUND: The city has over 142,000 square feet of facilities that require frequent and quality custodial service. Each facility has differing custodial needs because of the different uses of space within it.
Council Action Form – Custodial Services January 23, 2023
Page 2
The goal is to provide a high level of public and environmental health and safety. The specifics of each facility’s custodial needs have been identified and will be addressed through this contract. In
addition, pricing was sought for periodic carpet cleaning, and stripping and waxing of hard surface
floors.
An RFP was issued in June 2022. Seven proposals were received in response to the RFP. Proposals were then evaluated and scored by a committee of staff. The three firms that received the highest average score were then invited to an interview with the committee, Based on this two-step
process, staff is recommending that a contract be approved with S&B Confluence d/b/a Jani-King
of Colorado. RECOMMENDATION:
Staff recommends award of a contract to S&B Confluence d/b/a Jani-King of Colorado in an
amount not to exceed $420,000; and approve a contingency in the amount of $10,000 to provide for unforeseen custodial or cleaning needs should they arise. The contract allows for the option to renew it for up to four additional one-year periods.
RECOMMENDED MOTION:
“I move to award a custodial services contract and approve subsequent payments in the not-to-
exceed amount of $429,221.40 to S&B Confluence d/b/a Jani-King of Colorado and approve a contingency in the amount of $10,000 for unforeseen custodial expenses.” Or,
“I move to deny award of a custodial services contract and approve subsequent payments in the not-to-exceed amount of $429,221.40 to S&B Confluence d/b/a Jani-King of and approve a contingency in the amount of $10,000 for unforeseen custodial expenses, for the following
reason(s)_______________.”
REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Bid Tab Sheet 2. S&B Confluence Proposal 3. S&B Confluence Contract
RFP-22-Citywide Custodial Services BidTab
Vendor Bid 1 2 3 AVG Rank
KG Facility Solutions 443,857.54$ 90 75 76 80.33 2
Jani-King of Colorado 429,221.40$ 62 89 70 73.67 3
Mojos Cleaning Services 359,979.72$ 64 74 59 65.67 4
American Facility Svcs Grp 195,655.48$ 48 56 57 53.67 5
KleenTech 511,044.00$ 85 85 74 81.33 1
Xclusive Services 41,522.44$ 0 0 5 1.67 7
ZTL Partners 199,341.12$ 53 20 29 34.00 6
Interviews 1 2 3 4
Jani-King 76 87 80 82
KG Facility Solutions 64 69 74 68
KleenTech 69 75 78 65
ATTACHMENT 1
Cleaning Services Proposal:
Jani-King of Colorado LLC | 12835 E. Arapahoe Rd. Tower 2 – Suite 650 | Centennial, CO 80112 | (303) 294-0200
Devin Landrum | Account Executive | ae1@jkdenver.com | Cell: (303) 263-4115
ATTACHMENT 2
CUSTOMER NAME & ADDRESS Jani-King of Colorado
THE CITY OF WHEAT RIDGE S&B Confluence – CO, LLC
Various Addresses - See Attachment A d/b/a Jani-King of Colorado
Wheat Ridge, CO 12835 E. Arapahoe Rd. Tower 2 - #650
Centennial, CO 80112
FREQUENCY / DESCRIPTION CONTRACT AMOUNT INITIAL
General Janitorial Services in Various City of Wheat Ridge Buildings - see
Attachment A for locations and detailed pricing $35,768.45 per Month
Hot Water Carpet Extraction $0.25 per square foot
Machine Scrub of Hard Floors $0.25 per square foot
Strip and Wax of Hard Floors $0.45 per square foot
Start Date
In this Maintenance Agreement, we refer to S&B Confluence – CO, LLC d/b/a Jani-King of Colorado as "Jani-King", "we",
or "us". We refer to The City of Wheat Ridge as "you" “Client” or "Customer."
This Maintenance Agreement (“Agreement”) is made as of the Effective Date (the “Start Date”) by and between S&B
Confluence – CO, LLC d/b/a Jani-King of Colorado (“Jani-King”) and THE CITY OF WHEAT RIDGE (“Customer”).
The term of this Agreement is one (1) year from the date our services begin (the "Start Date"). This Agreement will
automatically renew on each anniversary date for an additional one (1) year period under the same terms and
conditions unless we receive written notice of your intention to cancel our services at least sixty (60) days before the
anniversary date.
Jani-King authorized franchise owner will furnish all labor, equipment, cleaning supplies and supervision necessary to
provide the cleaning services described in the attached Cleaning Schedule for the “Contract Amount” shown above.
Sales or Use Taxes are not included in the Contract Amount.
Consumables (trash can liners, paper towels, toilet paper, hand soap, etc) are not included in the Contract Amount.
We both agree to make the attached Terms and Conditions and Cleaning Schedule a part of this Agreement.
THE CITY OF WHEAT RIDGE S&B CONFLUENCE – CO, LLC dba
Jani-King of Colorado
Signature of Authorized Representative Signature of Authorized Representative
Print Name, Title Print Name
Date Date
Jani-King of Colorado
MAINTENANCE AGREEMENT
You have the right to terminate this Agreement for cause if performance is unsatisfactory. However, you agree that minor
deficiencies in performance are not cause for termination of this Agreement. Before termination for cause is effective, you
must give written notice stating in detail the nature of any defects in performance. Upon receipt of this notice, there is a 15-
day period to cure the defects to your reasonable satisfaction (the “Cure Period”). If you give written notice at least 5 business
days before the end of the Cure Period that the defects were not cured, this Agreement will terminate 30 days from the
original date of notice; otherwise, all defects shall be deemed cured. You further agree that a service charge equal to the
charge for one month of service shall be due if you terminate this Agreement before the end of the contract term for any
reason other than cause or not complying with the procedures outlined above.
Customer agrees to pay no later than the last day of each month (the "Due Date") for services and supplies rendered during the
month. Customer also agree to pay any sales or use tax due on services and supplies. If payment is not received by the due
date, a finance charge equal of 1.5% per month or the maximum legal interest rate allowed by law will accrue from the Due
Date.
If a credit card is a selected method of payment by Client/Customer a service charge/administration fee will be incurred by
Client/Customer. The service charge/administration fee will be in accordance with federal and state laws.
If Client/Customer requires Jani-King to use and operate a portal and/or software to process payments or for
communication purposes and a fee/cost is incurred by Jani-King for installation and use of the portal/software,
Client/Customer agrees that those fees/cost will be added to the monthly contract amount listed on the Maintenance
Agreement.
Credits for holidays were pre-determined and given as part of the contracted amount, and no other adjustments will be made
for those holidays.
We may require Customer to complete a credit application.
Jani-King may declare Customer in default of this Agreement and immediately suspend services if Jani-King fails to receive
payment for services or supplies by the Due Date.
Jani-King may terminate this Agreement with a 30-day written notice. If Jani-King terminate this Agreement, Jani-King will not
waive any other applicable provisions.
If legal action becomes necessary (including administrative or appellate proceedings), the prevailing party is entitled to recover
reasonable costs and attorneys’ fees. Customer also agree that jurisdiction and venue for any dispute shall be in governmental
division of the county where the Jani-King of Colorado regional office is located, and that Colorado law shall apply to the
resolution of any dispute.
Jani-King and all authorized representatives are independent contractors and are not and will not be an employee or agent of
yours during the term of this Agreement. Jani-King franchise owners, and their employees, are not within the protection or
coverage of your Workers Compensation Insurance. No withholding of Social Security, Federal or State Income Tax or other
deductions will be made from the sums paid to us because they are contract payments and not wages.
The people selected to perform our obligations will be authorized Jani-King franchise owners or subcontractors. We may
assign or sublet the whole or any part of our interest or obligations under this Agreement to one of our franchisees, affiliates,
or subsidiaries.
You agree that feedback about our performance is important in order for us to provide satisfactory service and agree to respond
to regular surveys and participate in periodic inspections.
Customer agrees not to employ or contract with any of our employees, Jani-King franchise owners, or employees of Jani-King
franchise owners during the term of this Agreement and within 180 days after termination of this Agreement.
You agree that the Contract Amount may periodically be adjusted up or down, based on changes in the Consumer Price Index,
but never more than once a year. The maximum change in any given year shall be six percent (6%).
Jani-King of Colorado
TERMS & CONDITIONS
If any part of this Agreement is declared invalid, the remaining portion shall remain in force and effect as if this Agreement
had been executed without the invalid portion.
You acknowledge that you have reviewed and have had the opportunity to discuss the terms of this Agreement and the
attached Cleaning Schedule with our representative, and agree that its terms reflect the entire agreement between us. Any
changes or modifications to this Agreement must be in writing and signed by both parties.
THE CITY OF WHEAT RIDGE Customer Initials: ______
Jani-King of Colorado
TERMS & CONDITIONS
Jani-King of Colorado Jani-King of Colorado
CLEANING SCHEDULE
Jani-King of Colorado Jani-King of Colorado
PERIODIC CLEANING SERVICES
Jani-King of Colorado Jani-King of Colorado
ATTACHMENT A
RFP-22-Citywide Custodial Services
Contract #22-0640
THIS AGREEMENT made this day of January, 2023, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and S&B Confluence d/b/a Jani-King of Colorado, 12835 E
Arapahoe Road, Tower 2, Suite 650, Centennial, CO 80112 hereinafter referred to as the “Contractor.”
WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows:
ARTICLE 1 – SERVICES
The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required
as per RFP-22-Citywide Custodial Services (Exhibit A), the Vendor’s response to the RFP (Exhibit B),
incorporated herein by reference.
Contractor will be responsible for agrees to follow the agreed upon schedule and will perform all services as per
the Statement of Work.
STATEMENT OF WORK
BASIC CLEANING SERVICES
Maintain Floors. All floors shall have a clean uniform appearance free from dirt, debris, dust, scuffmarks, heel
marks, stains, and other foreign matter. Baseboards, corners, kick plates, and wall/floor edges shall also be
clean. Chairs, trash receptacles, and moveable items shall be moved to maintain floors underneath these items.
All moved items shall be returned to their original and proper position.
• Tile floors. All floor tiles and grout on floor tiles shall be free of dirt, film, dust and debris, scum, mildew,
foreign residue, spots, smudges, fungus, rust, and mineral deposits, and free of foul odor.
• Resilient (vinyl) floors. Resilient floors shall be swept, dust mopped, damp mopped, wet mopped, dry
buffed, and spray buffed to ensure they have a uniform, glossy appearance at each scheduled cleaning.
• Safety floors (non-slip floors). Safety floors shall show no evidence of scuffmarks, stains, film, dirt streaks,
swirl marks (mop), detergent residue, mop strands, standing liquid, debris, dust, heel marks, any stains or
discolorations, and other foreign matter.
Remove Trash. All trash containers shall be emptied and returned to their initial location. Contractor shall use
provided plastic liners in all trash receptacles. The trash shall be deposited in the nearest outside trash collection
container and ensure that no spills of fluids or trash remain behind. Trash receptacles shall be left clean and free
of odors.
Outdoor Trash. All outdoor trash containers shall be emptied and returned to initial location. Contractor shall use
provided plastic liners in all trash receptacles. The trash shall be deposited in the nearest outside trash collection
dumpster and ensure that no spill of fluids or trash remain behind. Trash receptacles shall be left clean and free
of odors and exterior markings.
Recycling. All centralized recycling containers shall be emptied in the nearest outdoor recycling collection
dumpster. At sites where recycling collection dumpsters are not present, contractor shall notify the City when
centralized recycling containers are full.
ATTACHMENT 2
Clean Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices
and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots,
smudges, scale, mineral build-up, and other obvious soil.
Breakroom/Kitchen Sinks. Clean and disinfect all breakroom/kitchen sink surfaces, including the faucet,
handles, basin, and orifices and drain. Breakroom/kitchen sinks shall be free of streaks, stains, spots, smudges,
scale, food and mineral build-up, and other obvious soil.
Clean Interior Glass/Mirrors. Clean all interior glass, including glass in doors, partitions, walls, display cases,
and directory boards, and any glass with a lower edge of seven (7) feet from floor.
Clean Interior Windows and Entries. All interior glass windows shall be cleaned. After surfaces have been
cleaned, all traces of film, dirt, smudges, water, and other foreign matter shall be removed from frames, casings,
sills, and glass. Interior glass shall be cleaned as needed to maintain the above quality level.
Furnishings. All furnishings except desktops with personal belongings shall be cleaned as required to remove all
lint, dust, dirt and debris. Furniture frames shall be wiped clean as required to prevent a buildup of dust and
debris. This includes chair legs and wheelbases. Contractor shall remove all marks, dirt, smudges, scuffs, and
other foreign matter from all other furnishing items such as built-in cabinetry and work surfaces to provide or
maintain a clean, uniform appearance.
Vacuum Carpets. All carpeted areas shall be vacuumed and free of all visible dirt, debris, litter, and other foreign
matter. Any spots/stains shall be removed by carpet manufacturer’s approved methods when available and by
using approved stain remover when manufacturer’s details are unavailable, as soon as noticed. All tears, burns,
and raveling shall be brought to the attention of the Manager of Facility Operations or designated representative.
Area and throw rugs are included to receive this service.
Clean Floor Mats and Mat Wells. Clean all interior entrance floor mats. They shall be clean free of all litter soil
and grit. Clean floor mats shall be free of all visible lint, litter, soil, and other foreign matter. There shall be no
standing water. Soil and moisture underneath mats shall be removed, and mats returned to their normal location.
General Spot Cleaning. Perform spot cleaning on a continual basis. Spot cleaning includes removing or cleaning smudges, fingerprints, marks, streaks, and spills from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, push bars, kick plates, light switches, temperature controls, sinks, and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil. Walls. Walls shall have a uniform appearance, without streaks, detergent residue, or any evidence of soil, stains, and film. Tiled walls and grout on walls tiles shall be free of dirt, scum, mildew, and residue. Dusting. All dust gathering surfaces, to include but not limited to baseboard heaters, must be dusted or damp
wiped, cleaned to eliminate dust collection up to seven (7) feet above finished floor. Dust gathering surfaces
including, but are not limited to, chairs, tables, desks, bookcases, file cabinets, lampshades, couches, picture
frames, award cases, window blinds, drapes, windowsills, baseboard heaters, chair rails, countertops, fire
sprinkler heads, and ledges. High dusting of surfaces greater than seven (7) feet above finished floor shall be
completed as necessary, but no less than monthly, to eliminate dust collection.
RESTROOMS/LOCKER ROOMS CLEANING SERVICES.
In addition to basic cleaning service the following services apply to basic restrooms/locker room services. All
restrooms must be cleaned using the products provided by the City.
Clean and Disinfect. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, sanitary
napkin receptacles, showers, shower mats, plumbing fixtures, benches, partitions, baby changing stations,
lockers, dispensers, doors (including handles, kick plates, ventilation grates, metal guards), floors, walls, stalls,
stall doors, and wall areas adjacent to wall mounted lavatories, urinals, and toilets, and other such surfaces, using
the provided germicidal detergent. Receptacles shall be free of deposits, dirt, streaks, and odors.
Descale Sink, Toilet Bowls, and Urinals. Descaling is the crucial practice of removing various mineral deposits resulting from chemical reactions within the equipment causing buildup overtime. Descaling shall be performed monthly at a minimum and as often as needed to keep areas free of scale, soap films, and other deposits to
ensure proper draining. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains. Polishing. All brass plates, chrome faucets, and flushometers shall be polished and left with a uniformed glossy
appearance.
Sweep and Mop Floor. After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust and debris. Grout on wall and floor tiles shall be free of dirt, scum, mildew, and residue. While floors are wet, the use of “Wet Floor Signs” is required. Stock Supplies. Contractor shall ensure restrooms and locker rooms are stocked sufficiently so that supplies
including toilet paper, paper towels, and soap for the soap dispensers do not run out.
PERIODIC CLEANING SERVICES
Strip, Scrub, Seal, and Wax Floors. Strip, scrub, seal, and wax floors as necessary to maintain a uniform glossy
appearance. A non-skid wax is required. A uniform glossy appearance is free of scuffmarks, heel marks, wax
build-up, and other stains and discoloration. (Hardwood floors are not included in this contract) Once the initial
cleaning is performed, buildings that have any of these problems will be identified.
SCHEDULE OF PERIODIC CLEANING.
All periodic cleaning schedules shall be submitted to the Manager of Facility Operations or designated
representative within 10 days prior to the first day of the scheduled month of cleaning. Contractor shall notify the
Manager of Facility Operations or designated representative in writing if changes to the schedule occur. Manager
of Facility Operations approval is required. Periodic cleanings shall be accomplished semi-annually.
EMERGENCY OR SPECIAL EVENT CLEANING SERVICES.
Upon notification, the Contractor shall perform emergency cleaning required in any building, area, or room
covered under this contract. In the event emergency cleaning is required, the Contractor shall submit a
description of the problem with a cost estimate to Manager of Facility Operation designated representative if the
services fall outside of the standard contract responsibilities, who will submit the cost estimate to the Manager of
Facility Operations for approval. Contractor shall begin emergency cleaning, as determined by the Manager of
Facility Operations or designated representative, at a pre-determined time, which may be oral or written.
The Contractor shall be provided a special event calendar on a monthly basis. Contractor shall perform special
event cleaning as required to ensure that the building, area, or room is prepared to host the event and cleaned
following the event. Contractor shall provide a standard rate for special event cleaning based on the building,
area, or room in which the event is being held.
Day Porter. Contractor shall provide day porter service to accomplish basic cleaning services at City facilities.
This service may be accomplished with two (2) custodial technicians (CTs). One (1) CT shall service the Police
Department solely; one (1) CT shall be capable of traveling to the remaining occupied City facilities to perform
basic cleaning and respond to emergency requests.
ARTICLE 2 – TERM
The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy
of the agreement, to the extent that the Contractor has been authorized to proceed by the City.
At the end of each year, if the City deems the Contractor’s performance acceptable and the pricing remains the
same per Exhibit B, the agreement may continue with automatic renewals. The agreement may be automatically
renewed if:
• The work has not been completed per the agreed upon Statement of Work
• The City fails to contact your firm prior to the end of the current term regarding the desire to renew.
• All pricing remains the same.
• The scope of work or specifications are not changed or modified.
If at the end of each year the City desires to rebid, or the Contractor’s performance is not acceptable, the City
and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is
complete.
ARTICLE 3 – PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto, that the City will pay the Contractor for services
provided, and the Contractor will accept a not-to-exceed amount of four hundred twenty-nine thousand, two
hundred twenty-one dollars and forty cents, ($429,221.40) annually as full payment for such services.
The City agrees to allow for cost increases up to no more than 3% annually. Provided the City is satisfied with
the performance and the Contractor agrees to all terms and conditions put forth in this agreement, the renewals
will be automatic.
The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than
December 20, in order to be processed in the same calendar year.
A. Invoices by Task
Invoices will be submitted monthly by the Contractor for services performed and expenses incurred,
pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30)
days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment
by the Treasurer’s Office through proper accounting procedures.
B. Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which
limits the amount for which the City will be liable to the amount expressly appropriated by the City Council,
either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the
provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to
Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to
the provisions of said Ordinance and adopted Code Section.
ARTICLE 4 - SALES AND USE TAXES
Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and
Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt:
98-03515
ARTICLE 5 – INDEPENDENT CONTRACTOR
In performing the work under this agreement, the Contractor acts as an independent contractor and is solely
responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage
insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to
pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and will
not become employees, agents, or servants of the City because of the performance of any work by this
agreement. The Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to
pay any company or person—other than bona fide employees working solely for the Contractor—any
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the
award or making of this agreement. For breach or violation of this warranty the City will have the right to annul
this agreement without liability or in its discretion to deduct from the agreement price or consideration, or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 6 – INSURANCE
In accordance with Article 4 above, the Contractor will furnish a certificate of insurance upon notification of
award, and prior to performance. Work will not commence under this agreement until the Contractor has
submitted to the City and received approval thereof, a certificate of insurance showing compliance with the
following minimum types and coverages of insurance:
Type of Insurance Minimum Limits of Liability
Worker’s Compensation, Coverage A Statutory, including occupational disease coverage
for all employees at work site.
Employer Liability, Coverage B $500,000 per person
$500,000 per accident
$500,000 each disease
Commercial General Liability (including
Premises-Operations, Independent Contractor’s
Protective, Broad Form Property Damage, and
Contractual Liability)
• Bodily Injury
• Property Damage
$1 million per occurrence
$2 million aggregate
$1 million per occurrence
$2 million aggregate
An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the
Commercial General Liability policy is also required.
Comprehensive Automotive Liability
(owned, hired, and non-owned vehicles)
• Bodily Injury • Property Damage
$2 million per occurrence
$2 million per occurrence
The City of Wheat Ridge will be named as additional insured on all liability policies.
Insurance must include provisions preventing cancellation without 30 days prior notice by
certified mail to the City.
Submit a proposal ONLY if you are prepared to complete this requirement.
Nothing herein will be deemed or construed as a waiver of any of the protections to, which the agencies may be
entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended.
ARTICLE 7 – INDEMNIFICATION
The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees
harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including
reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes
or sustained by any person or persons to the extent caused by the negligent performance or failure of the
Contractor to provide services pursuant to the terms of this agreement.
ARTICLE 8 – EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because of age, race,
color, religion, sex, or national origin. The Contractor must adhere to acceptable affirmative action guidelines in
selecting employees and will ensure that employees are treated equally during employment, without regard to
age, race, color, religion, sex, or national origin. Such action includes —but is not limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, 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 for employment, notices provided
by the local public agency setting forth the provisions of this nondiscrimination clause.
The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this
agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing
provisions will not apply to contracts or subcontracts for standard commercial supplies or raw materials.
ARTICLE 9 – CHARTER, LAWS, AND ORDINANCES
The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable
Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated
under this agreement.
ARTICLE 10 – LAW AND VENUE
The laws of the State of Colorado will govern as to the interpretation, validity, and effect of this agreement. The
parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District
Court of Jefferson County, Colorado.
ARTICLE 11 – TERMINATION
The Contractor acknowledges that his failure to accomplish the work as described will be considered a material
breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions—
including, but not limited to re-procurement costs, insufficient or improper work.
The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen
(15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the
time of such termination will be deducted from the contract price before payment is made.
The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of
such termination the Contractor will be paid for all work and expenses incurred up until the time of such
termination.
All work accomplished by the Contractor prior to the date of such termination will be recorded, and tangible work
documents will be transferred to and become the sole property of the City, prior to payment for services
rendered.
ARTICLE 12 – NOTICES
Contact Information City Contractor
Name: Dan Beiers Devin Landrum
Office Phone: 303-205-7554 303-263-4115
Email Address: dbeiers@ci.wheatridge.co.us Ae1@jkdenver.com
Address: 7490 W 45th Ave. 12835 E. Arapahoe Rd. Tower 2, Ste. 650
City, State, Zip Code Wheat Ridge, CO 80033 Centennial, CO 80112
ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor
subcontracted except with the express written consent of the City. The subcontractors permitted by the City will
be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting
arrangements, as well as the delivery of services as set forth in this agreement. The contractor is responsible for
the performance of any subcontractor.
ARTICLE 14 – SEVERABILITY
To the extent that the agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect
the validity of any other term or provision hereof. The waiver of any breach of a term hereof will not be construed
as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS
This agreement is intended as the complete integration of all understanding between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto will have any force and effect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
hereto will have any force or effect unless embodied in writing and signed by an authorized representative of the
City and the contractor.
ARTICLE 16 – PROHIBITION ON EMPLOYING OR CONTRATING WITH WORKERS WITHOUT
AUTHORIZATION
Worker Without Authorization – Public Contracts for Services
CRS 8-17.5-101 and Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th
Congress, as amended:
The Contactor certifies that they will comply with the provisions of CRS 8-17.5-101et seq. The Contractor will
not knowingly employ or contract with a worker without authorization to perform work under this contract or enter
into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization. The
Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any workers without
authorization, through participation in the Basic Pilot Employment Verification Program administered by the
Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the
requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor will comply with all reasonable requests made in the
course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply
with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate this contract for breach
and the Contractor will be liable for actual and consequential damages to the City.
ARTICLE 17 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated
against on the grounds of race, color or national origin in consideration for an award. Consultants will insert this
provision in all sub-contracts for any work covered by this Agreement, so that it will be binding upon each sub-
consultant or sub-contractor providing labor or services.
ARTICLE 18 – OWNERSHIP OF CONTRACT PRODUCTS
All products produced from the awarded contract will be the sole property of the City.
ARTICLE 19 - COOPERATIVE PROCUREMENT
The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on
behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the
Cooperative Educational Purchasing Council (CPEC).
We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as
specified by the contract resulting from this solicitation request, at the contract prices established therein. Each
governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own
payments and issue its own exemption certificates as required. It is understood and agreed that the City of
Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental
entity and the successful vendor as a result of this solicitation. The City will not be liable for any costs or
damages incurred by any other entity.
ARTICLE 20 – INTERNAL TEAM REVIEW
Each party has reviewed the items contained within this contract and recommend executing this contract to
proceed with the agreed upon Statement of Work.
______________________________________ __________
Whitney Mugford-Smith, Procurement Manager Date Signed
______________________________________ __________
Daniel Beiers, Project Manager, Facilities Manager Date Signed
______________________________________ __________
Maria D’Andrea, Director of Public Works Date Signed
______________________________________ __________
Patrick Goff, City Manager Date Signed
ARTICLE 21 – AUTHORIZATION
Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights
granted herein, and to perform the duties and obligations described herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which will be
deemed an original on the day and year first written above.
ATTEST: OWNER
CITY OF WHEAT RIDGE
7500 W. 29TH AVENUE
STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033
303-234-5900
DATE
BUD STARKER, MAYOR
(Seal) CONTRACTOR
JANI-KING OF COLORADO
APPROVED AS TO FORM: Devin Landrum
12835 E. Arapahoe Rd. Tower 2- #650
Centennial, CO 80112
GERALD DAHL, CITY ATTORNEY
AUTHORIZED SIGNATURE
ATTEST TO CONTRACTOR:
PRINTED NAME
NAME
TITLE
TITLE
DATE
DATE
ITEM NO: 2
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 01-2023 - AN ORDINANCE APPROVING
THE FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (01/09/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/23/2023) RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ___________________________ Director of Parks & Recreation City Manager ISSUE: The City entered into lease agreements with three cellular companies for replacement of the
Municipal Building cellular tower. Those leases contemplate a start date of February 14, 2023.
Because of supply chain delays, the leases must be amended to allow additional time for this work. Approval of this ordinance will extend the commencement date deadline to June 1, 2023,
and also grants authority for minor changes to the lease as needed.
PRIOR ACTION:
City Council approved the site lease agreement with Verizon Wireless on June 27, 2022.
City Council approved this ordinance on first reading on January 9, 2023. A motion was made by
Councilmember Dozeman and seconded by Councilmember Stites and was approved by a vote
of 8 to 0.
FINANCIAL IMPACT:
Lease payments will not commence until the adjusted commencement date, which will be on or
before June 1, 2023.
CAF – First Amendment to the Site Lease Agreement with Verizon Wireless January 23, 2023
Page 2
BACKGROUND: Due to aging infrastructure and changes to technology over the years, Verizon Wireless, along
with two other cellular carriers, would like to demolish the existing cellular tower located at City
Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under
the condition that the City will not share in the cost of demolition and construction. RECOMMENDATION: Staff recommends the approval this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2023, an ordinance approving the First Amendment to the Site Lease Agreement with Verizon Wireless for use of the Municipal Building cellular tower
and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of
the Charter.” Or,
“I move to postpone indefinitely Council Bill No. 01-2023, an ordinance approving the First
Amendment to the Site Lease Agreement with Verizon Wireless for use of the Municipal
Building cellular tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director
Gerald Dahl, City Attorney
Patrick Goff, City Manager ATTACHMENTS:
1. Verizon Wireless First Amendment to the Site Lease Agreement
2. Council Bill No. 01-2023
FIRST AMENDMENT TO SITE LEASE AGREEMENT
This FIRST AMENDMENT TO SITE LEASE AGREEMENT (the “First Amendment”) is effective the date of
the last signature herein (the “Effective Date”) by and between City of Wheat Ridge (“Landlord”) and Cellco
Partnership d/b/a Verizon Wireless, a company authorized to do business in the State of Colorado (“Tenant”).
Landlord and Tenant agree to the following:
Site Lease Agreement Amended. Landlord and Tenant hereby amend the Site Lease Agreement previously
entered into between them on June 30, 2022 (the “Agreement”) for certain property at 7500 W. 29th Avenue,
Wheat Ridge, Colorado (the “Property”) as legally described on Exhibit A attached hereto, as follows:
• Paragraph 5b of the Agreement, final sentence, is amended to read as follows: “In the event the
Commencement Date, as defined herein, does not occur on or before June 1, 2023, this
Agreement shall terminate and be of no effect.”
Paragraph 21 of the Agreement (Miscellaneous), is amended by the addition of a new subparagraph (m), to
read as follows: “This Agreement may be amended to provide for minor adjustments in timeframes, dates,
and adjustments to exhibits, deemed appropriate by the City Manager or designee, without the requirement
of City Council approval by ordinance or otherwise.”
LANDLORD: City of Wheat Ridge, a Municipal
corporation of the State of Colorado
By:
Printed Name: Bud Starker
Title: Mayor
Date:
ATTEST: _____________________________
Stephen Kirkpatrick, City Clerk [seal]
APPROVED AS TO FORM
_____________________________________
Gerald Dahl, City Attorney
TENANT: Cellco Partnership
d/b/a Verizon Wireless
By:
Printed Name:
Title:
Date:
ATTACHMENT 1
Exhibit A
Legal Description
The Property is legally described as follows:
PARCEL 1
Lot 1, Block 3, BARTH’S SUBDIVISION excepting the North ½ of the East ½ of said Lot and the West 6 feet of said parcel
therefrom, County of Jefferson, State of Colorado.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of
Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County
Commissioners and Commissioner Joanne K. Paterson by Commissioners Deed dated September 23, 1976 and
recorded October O6, 1976 in Deed Book 2911, Page 920.
PARCEL 2
North ½ of Lot 1, Block 3, BARTH’S SUBDIVISION except the East 25 feet as described in book 722 at page 353, County of
Jefferson, State of Colorado.
AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of
Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County
Commissioners and Commissioner Robert Clement by Commissioners Deed dated March 13, 1979 and recorded April
20, 1979 in Instrument No. 79034601.
Tax Parcel No. 39-264-15-001
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 01
ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO SITE LEASE
AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL
BUILDING CELLULAR TOWER
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and
WHEREAS, the City Council has authority to approve leases for uses of City
property; and
WHEREAS, the Council has previously approved a lease with Verizon Wireless for use of the municipal building cellular tower, subject to terms and conditions of said lease; and
WHEREAS, upon recommendation of the Parks and Recreation Director, the lease must be amended to adjust the initiation of the Commencement Date and to provide a mechanism for minor amendments to the lease. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. First Amendment to Site Lease Agreement Approved. The First Amendment to Site Lease Agreement between the City of Wheat Ridge and Verizon Wireless attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk
are authorized and directed to execute the same, in form approved by the City Attorney.
Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th
day of January 2023, ordered published in full in a newspaper of general circulation in the
City of Wheat Ridge, and Public Hearing and consideration on final passage set for
January 23, 2023 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 23rd day of January 2023.
SIGNED by the Mayor on this _____ day of ____________, 2023.
ATTACHMENT 2
_________________________
Bud Starker, Mayor ATTEST:
_________________________
Stephen Kirkpatrick, City Clerk Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: January 12, 2023 Second Publication:
Jeffco Transcript Effective Date:
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
EXHIBIT A
FIRST AMENDMENT TO SITE LEASE AGREEMENT
ITEM NO: 3
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2023 - AN ORDINANCE APPROVING
THE FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH T-MOBILE WEST LLC, FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (01/09/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/23/2023) RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ _____________________________ Director of Parks & Recreation City Manager ISSUE: The City entered into lease agreements with three cellular companies for replacement of the
Municipal Building cellular tower. Those leases contemplate a start date of February 14, 2023.
Because of supply chain delays, the leases must be amended to allow additional time for this work. Approval of this ordinance will extend the commencement date deadline to June 1, 2023,
and also grants authority for minor changes to the lease as needed.
PRIOR ACTION:
The City Council approved the site lease agreement with T-Mobile West LLC on June 27, 2022.
City Council approved this ordinance on first reading on January 9, 2023. A motion was made by
Councilmember Weaver and seconded by Councilmember Hoppe and was approved by a vote of
8 to 0.
FINANCIAL IMPACT:
Lease payments will not commence until the adjusted commencement date, which will be on or
before June 1, 2023.
CAF – First Amendment to the Site Lease Agreement with T-Mobile West LLC January 23, 2023
Page 2
BACKGROUND: Due to aging infrastructure and changes to technology over the years, T-Mobile West LLC,
along with two other cellular carriers, would like to demolish the existing cellular tower located
at City Hall and construct a new monopole cellular tower. City Staff is in support of this
initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATION:
Staff recommends the approval this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2023, an ordinance approving the First Amendment to
the Site Lease Agreement with T-Mobile West LLC for use of the Municipal Building cell tower
and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or,
“I move to postpone indefinitely Council Bill No. 02-2023, an ordinance approving the First
Amendment to the Site Lease Agreement with T-Mobile West LLC for the use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY:
Karen A. O’Donnell, Parks & Recreation Director
Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS:
1. T-Mobile West LLC First Amendment to the Site Lease Agreement 2. Council Bill No. 02-2023
FIRST AMENDMENT TO SITE LEASE AGREEMENT
This FIRST AMENDMENT TO SITE LEASE AGREEMENT (the “First Amendment”) is effective the date of
the last signature herein (the “Effective Date”) by and between City of Wheat Ridge (“Landlord”) and T-
Mobile West LLC, a Delaware limited liability company authorized to do business in the State of Colorado
(“Tenant”).
Landlord and Tenant agree to the following:
Site Lease Agreement Amended. Landlord and Tenant hereby amend the Site Lease Agreement previously
entered into between them for certain property at 7500 W. 29th Avenue, Wheat Ridge, Colorado (the
“Agreement”) as follows:
• Paragraph 5b of the Agreement, final sentence, is amended to read as follows: “In the event the
Commencement Date, as defined herein, does not occur on or before June 1, 2023, this
Agreement shall terminate and be of no effect.”
Paragraph 21 of the Agreement (Miscellaneous), is amended by the addition of a new subparagraph (m), to
read as follows: “This Agreement may be amended to provide for minor adjustments in timeframes, dates,
and adjustments to exhibits, deemed appropriate by the City Manager or designee, without the requirement
of City Council approval by ordinance or otherwise.”
LANDLORD: City of Wheat Ridge, a Municipal
corporation of the State of Colorado
By:
Printed Name: Bud Starker
Title: Mayor
Date:
ATTEST: _____________________________
Stephen Kirkpatrick, City Clerk [seal]
APPROVED AS TO FORM
_____________________________________
Gerald Dahl, City Attorney
TENANT: T-Mobile West LLC, a Delaware limited
liability company
By:
Printed Name: ______
Title:
Date:
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER
COUNCIL BILL NO. 02
ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO SITE LEASE
AGREEMENT WITH T-MOBILE WEST LLC FOR USE OF THE MUNICIPAL
BUILDING CELLULAR TOWER
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution and governed by its elected City Council; and
WHEREAS, the City Council has authority to approve leases for uses of City
property; and
WHEREAS, the Council has previously approved a lease with T-Mobile West LLC for use of the municipal building cellular tower, subject to terms and conditions of said lease; and
WHEREAS, upon recommendation of the Parks and Recreation Director, the lease must be amended to adjust the initiation of the Commencement Date and to provide a mechanism for minor amendments to the lease. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. First Amendment to Site Lease Agreement Approved. The First Amendment to Site Lease Agreement between the City of Wheat Ridge and T-Mobile West LLC attached hereto as Exhibit A, is hereby approved, and the Mayor and City
Clerk are authorized and directed to execute the same, in form approved by the City
Attorney.
Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th
day of January 2023, ordered published in full in a newspaper of general circulation in the
City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 23, 2023 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 23rd day of January 2023.
ATTACHMENT 2
SIGNED by the Mayor on this _____ day of ____________, 2023.
_________________________
Bud Starker, Mayor ATTEST:
_________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form _________________________ Gerald E. Dahl, City Attorney
First Publication: January 12, 2023 Second Publication: Jeffco Transcript Effective Date:
Published: Jeffco Transcript and www.ci.wheatridge.co.us
EXHIBIT A
FIRST AMENDMENT TO SITE LEASE AGREEMENT
ITEM NO: 4
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2023 - AN ORDINANCE APPROVING
THE FIRST AMENDMENT TO THE AMENDED AND RESTATED SITE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER
PUBLIC HEARING ORDINANCES FOR 1ST READING (01/09/2023)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/23/2023) RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ _____________________________
Director of Parks & Recreation City Manager
ISSUE: The City entered into lease agreements with three cellular companies for replacement of the
Municipal Building cellular tower. Those leases contemplate a start date of February 14, 2023. Because of supply chain delays, the leases must be amended to allow additional time for this
work. Approval of this ordinance will extend the commencement date deadline to June 1, 2023,
and also grants authority for minor changes to the lease as needed.
PRIOR ACTION:
The City Council approved the site lease agreement with New Cingular Wireless PCS, LLC (also
known as AT&T) on June 27, 2022.
City Council approved this ordinance on first reading on January 9, 2023. A motion was made by Councilmember Hutchinson and seconded by Councilmember Stites and was approved by a vote of 8 to 0.
FINANCIAL IMPACT:
Lease payments will not commence until the adjusted commencement date, which will be on or
before June 1, 2023.
CAF – First Amendment to the Site Lease Agreement with New Cingular Wireless PCS, LLC January 23, 2023
Page 2
BACKGROUND: Due to aging infrastructure and changes to technology over the years, New Cingular Wireless,
along with two other cellular carriers, would like to demolish the existing cellular tower located
at City Hall and construct a new monopole cellular tower. City Staff is in support of this
initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATION:
Staff recommends the approval this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2023, an ordinance approving the First Amendment to
the Amended and Restated Site Lease Agreement with New Cingular Wireless PCS, LLC for the
use of the Municipal Building cell tower and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or,
“I move to postpone indefinitely Council Bill No. 03-2023, an ordinance approving the First
Amendment to the Amended and Restated Site Lease Agreement with New Cingular Wireless PCS, LLC for the use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY:
Karen A. O’Donnell, Parks & Recreation Director Gerald Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. New Cingular Wireless PCS, LLC First Amendment to the Amended and Restated Site Lease Agreement 2. Council Bill No. 03-2023
FIRST AMENDMENT TO THE AMENDED AND RESTATED SITE LEASE AGREEMENT
This FIRST AMENDMENT TO AMENDED AND RESTATED SITE LEASE AGREEMENT (the “First
Amendment”) is effective the date of the last signature herein (the “Effective Date”) by and between City of
Wheat Ridge (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company
authorized to do business in the State of Colorado (“Tenant”).
Landlord and Tenant agree to the following:
Site Lease Agreement Amended. Landlord and Tenant hereby amend the Site Lease Agreement previously
entered into between them for certain property at 7500 W. 29th Avenue, Wheat Ridge, Colorado (the
“Agreement”) as follows:
• Paragraph 5b of the Agreement, final sentence, is amended to read as follows: “In the event the
Commencement Date, as defined herein, does not occur on or before June 1, 2023, this
Agreement shall terminate and be of no effect, and as of that date the Prior Agreement shall
also terminate.”
Paragraph 21 of the Agreement (Miscellaneous), is amended by the addition of a new subparagraph (m), to
read as follows: “This Agreement may be amended to provide for minor adjustments in timeframes, dates,
and adjustments to exhibits, deemed appropriate by the City Manager or designee, without the requirement
of City Council approval by ordinance or otherwise.”
LANDLORD: City of Wheat Ridge, a Municipal
corporation of the State of Colorado
By:
Printed Name: Bud Starker
Title: Mayor
Date:
ATTEST: _____________________________
Stephen Kirkpatrick, City Clerk [seal]
APPROVED AS TO FORM
_____________________________________
Gerald Dahl, City Attorney
TENANT:
New Cingular Wireless PCS, LLC, a Delaware limited
liability company
By: AT&T Mobility Corporation, its Manager
By:
Printed Name:
Title:
Date:
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HUTCHINSON
COUNCIL BILL NO. 03
ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO AMENDED
AND RESTATED SITE LEASE AGREEMENT WITH NEW CINGULAR
WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING
CELLULAR TOWER
WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution and governed by its elected City Council; and
WHEREAS, the City Council has authority to approve leases for uses of City
property; and
WHEREAS, the Council has previously approved a lease with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower, subject to terms and
conditions of said lease; and
WHEREAS, upon recommendation of the Parks and Recreation Director, the lease must be amended to adjust the initiation of the Commencement Date and to provide a mechanism for minor amendments to the lease.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. First Amendment to Site Lease Agreement Approved. The First Amendment to Site Lease Agreement between the City of Wheat Ridge and New Cingular
Wireless PCS, LLC attached hereto as Exhibit A, is hereby approved, and the Mayor
and City Clerk are authorized and directed to execute the same, in form approved by the
City Attorney.
Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th
day of January 2023, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 23, 2023 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 23rd day of January 2023.
ATTACHMENT 2
SIGNED by the Mayor on this _____ day of ____________, 2023.
_________________________
Bud Starker, Mayor ATTEST:
_________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form _________________________ Gerald E. Dahl, City Attorney
First Publication: January 12, 2023 Second Publication: Jeffco Transcript Effective Date:
Published: Jeffco Transcript and www.ci.wheatridge.co.us
EXHIBIT A
FIRST AMENDMENT TO SITE LEASE AGREEMENT
ITEM NO: 5
DATE: January 23, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND
COMMISSIONS
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________
City Clerk City Manager
ISSUE: Due to recent resignations of members from both the Liquor License Authority Board, along with the Board of Adjustment, staff is requesting to move current Board members who were appointed out of district to the vacant seats these resignations have made. PRIOR ACTION: In 2019, Mr. Germano from the Liquor License Authority Board was appointed to a District II seat, when a vacancy occurred due to a resignation. He previously was appointed to a District I
open, out of district seat when no other qualified applicants could be found.
FINANCIAL IMPACT: None
BACKGROUND:
Per Sec. 2-53 (c.) of the City of Wheat Ridge Code of Laws, which reads in part; “Members of
boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission.”
Council Action Form – Board and Commission Appointments January 23, 2023
Page 2
Staff feels that by moving current members to the open District seats for which they live in, helps attain said equal representation and to fill the terms of the seat in which they might be appointed
to.
Any new vacancies that these changes may cause, will be duly advertised for future appointments by city council. RECOMMENDATIONS:
Staff liaisons recommend appointing the members to their home District seats with the following
motions. RECOMMENDED MOTIONS:
See Attachment 1 with Motions by district
“I move to appoint ______________________ to the Board/Commission, term to expire _______________________.”
REPORT PREPARED BY:
Robin Eaton, Deputy City Clerk
Lauren Mikulak, Planning Manager Steve Kirkpatrick, City Clerk ATTACHMENTS:
1. Motions for 2023 Board and Commission Appointments by District
ATTACHMENT 1
2023 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT
DISTRICT II I move to appoint:
Lenny Ortiz to the Liquor License Authority Board District II, term ending 3/2/25
DISTRICT III
I move to appoint: Michael Griffeth to the Board of Adjustment District III, term ending 3/2/24
Anthony Romano to the Liquor Authority Board District III, term ending 3/2/25 DISTRICT IV
I move to appoint: Jesse Pearlman to the Board of Adjustment District IV, term ending 3/2/24