HomeMy WebLinkAbout4-10-23 City Council Meeting Agenda PacketAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO April 10, 2023
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at
7500 West 29th Avenue, Municipal Building. City Council members and City staff members 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
March 6, 2023, Study Session Notes
March 13, 2023, City Council Meeting Minutes APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1. National Animal Control Week
2. National Crime Victims’ Rights Week
3. National Telecommunicators Week
4. Arbor Day/Earth Day
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. 11-2023 – a resolution approving an IGA agreement among the City of
Lakewood, the City of Wheat Ridge, and the West Metro Fire Protection District for the
use and maintenance of a shared radio communications system.
b. Resolution No. 12-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$18,584 to accept a grant from the Colorado Automobile Theft Prevention Authority
c. Resolution No. 13-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$84,382 for the purpose of accepting a grant from the Colorado Division of Criminal
Justice Fentanyl Accountability and Prevention Grant Program.
d. Resolution No. 14-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$66,296 for the purpose of awarding a contract in the amount of $162,295.31 and
approving subsequent payments to TerraCare Associates, LLC for right-of-way maintenance services. e. Resolution No. 15-2023 – a resolution amending the 2023 Fiscal Year Public Art Fund
budget to reflect the approval of a supplemental budget appropriation in the amount of $8,000 for the purpose of awarding a contract in the amount of $475,000 and approving subsequent payments to COR4 Studios for Wadsworth public art
f. Resolution No. 16-2023 – a resolution authorizing community financial support as a
match for a Transportation Alternatives Program Grant application for improvements to the Clear Creek Trail g. Resolution No. 17-2023 – a resolution approving a contract with the Colorado
Department of Transportation for maintenance of traffic signals
h. Motion approving an amendment to the temporary site lease agreement with T-Mobile West, LLC
i. Motion approving an amendment to the temporary site lease agreement with Verizon
Wireless
j. Resolution No. 18-2023 – a resolution approving IGA’s with Jefferson County concerning ballot box use at Wheat Ridge City Hall, Anderson Park, and Prospect Park
k. Resolution No. 19-2023 – a resolution amending the Fiscal year 2023 General Fund budget to reflect approval of a supplemental budget appropriation in the amount of $8,766 to fund the Safety Program
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
NONE
ORDINANCES ON FIRST READING
2. Council Bill No. 07-2023 – an ordinance approving the rezoning of property located at 7890 W. 38th Avenue from Residential-Two (R-2) to Mixed-Use-Neighborhood (MU-N).
DECISIONS, RESOLUTIONS, AND MOTIONS
3. Motion to award the 2023 bridge repair project on Youngfield Street over Clear Creek to TechCon Infrastructure, LLC of Denver, Colorado, and approve subsequent payments in the amount of $469,911, with a contingency amount of $46,991, for a total not to exceed the amount of $516,902
4. Resolution No. 20-2023 – a resolution in opposition to statewide land use and zoning
preemptions in Senate Bill 23-213 unless amended to address local concerns CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURN TO SPECIAL STUDY SESSION
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
Hybrid - Virtual Meeting
March 6, 2023
Mayor Starker called the Study Session to order at 6:32 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(eight) of Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff, guests and interested
citizens.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Judy Hutchinson, Korey Stites, Leah Dozeman,
and Rachel Hultin.
Amanda Weaver, Janeece Hoppe, and Valerie Nosler Beck excused themselves due to
illnesses.
Also present: City Clerk, Steve Kirkpatrick, City Treasurer, Chris Miller; City Manager
Patrick Goff; Deputy City Manager, Allison Scheck; Director of Community
Development, Lauran Mikulak; Assistant City Manager, Marianne Schilling; Senator
Jessie Danielson; from the Colorado Municipal League (CML), Heather Stauffer,
interested residents and guests.
Public’s Right to Speak
None tonight.
Note about Wheat Ridge Speaks:
Members of the public may visit the Wheat Ridge Speaks website and enter written
comments of up to 1,000 words on any Council agenda item. The deadline for the
public to submit comments is 12:00 Noon Mountain Time on the day of a Council
session so that Council members, other elected officials and City Staff have time to
review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appeared in Wheat Ridge Speaks for this session of Council.
1. 2023 Colorado Legislative Session Update
Issue
The Legislative Update is an opportunity for the City’s elected officials and staff to
discuss legislative priorities, current legislation and Wheat Ridge positions and priorities
for the 2023 session. Senator Jessie Danielson and Representative Monica Duran will
be in attendance, and Colorado Municipal League Legislative Advocacy Manager
Heather Stauffer will be available to review legislation and answer questions.
Staff Reports
Assistant City Manager Marianne Schilling presented an overview of tonight’s topics
and introduced the speakers and guests.
Senator Jessie Danielson spoke to Council about bills she is sponsoring, including a
measure to raise the age for legally purchasing a firearm to 21. She also discussed at
length a bill she is sponsoring to address the issue of Missing and Murdered Relatives
of Indigenous Peoples.
Councilmembers had questions and comments:
Mayor Starker asked the Senator about efforts to enable our ageing residents to live in
place for their remaining days.
Ms. Stauffer gave an overview of the bills traversing the legislative process this year
that impact municipal governments and their efforts to improve life in Colorado.
CM Hultin expressed her support for bills that encourage people to ride public transit
and reduce carbon emissions.
CM Dozeman asked about a bill to address the operation of ethics commissions. Ms.
Stauffer replied that Home Rule cities will not be restrained in their efforts to establish
local ethics commissions. She also asked about valuations and re-assessments for
property taxes. Ms. Stauffer reported that the proposed reductions in property values
would have some impact on municipalities’ revenues, albeit small.
CM Ohm asked about a bill that creates a Code Board for addressing the issues related
to urban-wildlands interfaces and building codes in those areas.
The Mayor asked about a bill that would address construction defects, and Ms. Stauffer
replied that they are reviewing the bill.
Chief Murtha addressed several bills now before the legislature. He commented
specifically on the proposed bill to address the plague of auto thefts in Colorado.
Representative Monica Duran was unable to attend due to pressing matters in her role
as House Majority Leader.
Senator Danielson thanked the Mayor and Council for making Wheat Ridge a wonderful
place to live.
CM universally thanked the elected officials for their hard work on this and gave special
thanks.
2. Proposed Urban Renewal Plan Area (SW corner of I-70 and Wadsworth)
Staff has received interest for development of a new light industrial building on the U.S.
Truck Driving School property located at 8150 W. 48th Avenue. The City occasionally
receives interest concerning redevelopment of this parcel and the area surrounding it.
The establishment of an urban renewal plan for this area would allow for the use of tax
increment financing (TIF) to finance the extraordinary costs associated with
redevelopment of this property including potential environmental cleanup and floodplain
improvements. Staff is seeking consensus from City Council to authorize Renewal
Wheat Ridge to begin the process of creating a new urban renewal area and plan for
this 33.3-acre site just south of I-70, north of Clear Creek, east of Carr Street and west
of Wadsworth Boulevard.
Staff Reports
Steve Art, Renewal Wheat Ridge Executive Director spoke on the background of the
item explaining that Colorado Revised Statutes of 1973, Section 31-25-101, allows for
the organization and establishment of urban renewal authorities at the local level. The
Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge (RWR) was
established by City Council in 1981 to accomplish the redevelopment and rehabilitation
of blighted areas in the City to provide a safer and more useful environment for their
users and inhabitants; to promote improved traffic patterns and eliminate traffic hazards.
Also addressed were
• Tax Increment Financing
• Forming a new urban renewal plan area
• Implications of forming a new urban renewal plan area
Councilmembers had questions and comments:
Councilmembers asked detailed questions about several topics, engaging in discussion
among themselves and with staff including Mr. Art and Ms. Mikulak who answered their
questions in detail.
• CM raised the question of flood plain restrictions, which staff addresses.
• If this moves forward, would there be consideration of improving the traffic
infrastructure in the area, especially the Carr St. underpass below I-70.
• CM universally thanked staff for their hard work on this taxing process.
Mayor Starker entertained a consensus to direct staff to authorize Renewal Wheat
Ridge to begin the process of creating a new urban renewal area and plan for the area
including and surrounding the U.S. Truck Driving School and return to Council with their
proposals for necessary Council action.
Consensus attained.
3. Staff Report(s)
Mr. Goff announced that Senators Hickenlooper and Bennett will release their funding
priorities this Friday. The City is proposing that a priority the Senators might include is
affordable housing. We are considering asking for funding in the range of $2 million to
help us implement our Affordable Housing Strategy.
The City is working on a grant for about $200,000 to support the Wheat Ridge Maker
Space, as an economic driver and new business incubator.
We are also looking into a grant to fund replacement of our incident command vehicle.
Ms. Scheck announced an ARPA funded effort in mental health education. WR High
School has hired a clinician with that ARPA funding
4. Elected Officials’ Report(s)
CM Ohm recently attended the county event for municipal officials. He also noted that
there is a company promoting electric trans vehicles.
CM Stites announced that the School Superintendent cancelled a meeting tonight.
Councilmembers Stites and Weaver will hold a District III meeting on Saturday, March 9
from 9-11 am at the Rec Center.
CM Hultin suggested we think about using funding for transportation projects to ensure
that charging and safe storage for e-bikes are included.
The Mayor will host Coffee with the Mayor at 9:00 this Saturday, March 11 at Vinnola’s.
ADJOURNMENT
The Study Session adjourned at 8:10 pm.
APPROVED BY CITY COUNCIL ON April 10, 2023.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 13, 2023
Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 6:32 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck
Also, present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Chief of Police,
Chris Murtha; Deputy City Manager, Allison Scheck; Interim Director of Comm. Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of Parks and Recreation, Karen O’Donnell, Jennifer Kemps, Special Events Director at
Ralston House; Cyn Chapman, Executive Director, of Sexual Assault Outreach; other
staff, guests and interested citizens.
APPROVAL OF MINUTES
The City Council Minutes of February 27, 2023 were approved as published
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
Recognition of WRHS student athletes
The Wheat Ridge High School Director of Athletics introduced five graduating seniors
who have accepted scholarships to participate in collegiate athletic teams at various
colleges from California to New England.
Child Abuse Prevention Month
The month of April has been designated nationally as Child Abuse Prevention Month.
We encourage all community members to join in renewing our commitment to learning
what we can do to promote the safety and well-being of children. Where effective child
abuse prevention programs, such as Ralston House, succeed because of partnerships
among families, social service agencies, schools, religious and civic organizations, law
enforcement agencies and the business community. Ms. Kemps accepted the
proclamation and reported on the critical work people do in our community who work
with children suffering from abuse and help to prevent child abuse.
Sexual Assault Awareness Month
During the National Sexual Assault Awareness Month of April, we recommit ourselves
not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to
raise awareness and expanding support for victims. Cyn Chapman came to accept the
proclamation and address the significance of this crime in too many peoples’ lives.
PUBLIC’S RIGHT TO SPEAK
Kathy Totness, 10100W. 33rd Ave. Came to say her signature was not counted on the ADU Ordinance even though she is and has been a registered voter for many years.
She wants her signature to be counted without the protestors having to file a lawsuit.
Katherine Grant, 3881 Estes St. Came to make the same comments as Ms. Totness. She believes also that a lawsuit to resolve the sufficiency of the petition should not be necessary. She requested that the City Council and the City Clerk resolve this issue without our citizens having to file a lawsuit in District Court.
Dorothy Archer, 3640 Marshall St. also complained that her signature was not counted
on the ADU referendum petition. She explained in detail why she opposes Ordinance 1744 because it changes the character of our City and neighborhoods. We should not have to file a lawsuit in the District Court. She also wants Council and the Clerk to resolve this issue without going to court, unrelated to the fact that she is a plaintiff in the
process. This Ord. 1744 changes the zoning, and our residents should have a say in
this decision.
Ihor Figlus, 9775 W. 38th came to say that the ADU petition is no longer the issue; it has devolved into an attack on our Constitutional Rights. As public officials all of you should resolve this issue without making your citizens go to District Court. Most lawsuits do not
go to court but are settled out of court. The clerk admitted he may have made mistakes,
and we presented a list of signatures that should have been counted as valid but never were.
Note about Wheat Ridge Speaks:
Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City
Staff have time to review the comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing
each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech)
No comments appeared in Wheat Ridge Speaks for this session.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 06-2023 – An Ordinance amending Section 26-803.g of the
Wheat Ridge Code of Laws to adopt the flood hazard delineation maps for Clear
Creek, dated September 2, 2022, as a local flood hazard area.
CM Dozeman introduced Council Bill 06-2023
Issue
The Colorado Water Conservation Board has designated the updated Flood Hazard
Delineation Map for Clear Creek as a state floodplain map. The City needs to adopt the updated Flood Hazard Delineation Map as a Local Flood Hazard Area so that the best available flood maps can be used to regulate the floodplains along Clear Creek.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1756.
Staff Presentation
Mark Westberg, Projects Supervisor gave a detailed presentation which included
• Existing Floodplain Maps: There are three flood hazard areas in Wheat Ridge: one associated with Clear Creek, one associated with Lena Gulch, and one
associated with the Ashland Drainage which is tributary to Sloan’s Lake.
• Floodplain Map Updates: Periodically, floodplain maps are updated to reflect changes to the watershed to better define high flood risk areas. This includes physical changes (such as changes in the stream channel, land use, and
development), changes in hydrology or flows, and/or improved technology or calculation methods.
• Clear Creek Map Updates: Mile High Flood District (MHFD), along with the Cities of Wheat Ridge and Golden and Jefferson and Adams Counties, has been
working for several years to update the floodplain maps for Clear Creek
• Proposed Code Amendment & Next Steps: Following suit, this ordinance adopts the updated map as a Local Flood Hazard Area for the City so that the best available flood maps can be used to regulate the floodplains along Clear Creek.
• Public Outreach: Where A notice was sent to all property owners within the current Clear Creek floodplain, and a neighborhood meeting was held on February 15, 2023, to educate the residents of adoption of the updated FHAD as a LFHA.
Afterwards he stood by to answer any questions.
Public Comment
No citizens appeared in chambers to address this issue There were none who wanted to speak through the Zoom format.
Council Questions and comments
CM asked for clarification of who will be notified of these changes and how. Mr. Westbrook gave a detailed answer. CM Nosler Beck asked staff to copy CM on letters to residents in their respective districts.
Motion by CM Dozeman to approve Council Bill No. 06-2023 - an ordinance amending
Section 26-803.g of the Wheat Ridge Code of Laws to adopt the flood hazard
delineation maps for Clear Creek, dated September 2, 2022, as a local flood hazard area, on second reading, and that it takes effect 15 days final publication, seconded by CM Nosler Beck, motion carried 8-0.
2. Council Bill No. 04-2023 – An Ordinance amending Section 26-115.e of the
Wheat Ridge Code of Laws concerning requests for interpretation by the Board
of Adjustment.
CM Ohm introduced Council Bill 04-2023
Issue
The proposed ordinance establishes a deadline by which an applicant may appeal an
administrative code interpretation to the Board of Adjustment. No such deadline
currently exists in the code, and the lack of a deadline is inconsistent with best practice and inconsistent with other code provisions which clearly establish a timeframe for appeal.
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1757.
Staff Presentation
Lauren Mikulak, Community Development Director presented to council where the Zoning and Development Code (Chapter 26 of the Wheat Ridge Code of Laws) is interpreted and applied on a daily basis by Community Development staff. From time to
time, individuals request a formal code interpretation which is provided in the form of a written letter by the Community Development Director. Individuals who disagree with a Director’s determination can appeal such determination to the Board of Adjustment (BOA).
In the zoning code, Section 26-115.E (variances/waivers/temporary
permits/interpretations) empowers the BOA to hear and decide upon requests for
interpretation of the zoning code. This code section does not establish a deadline by which an individual must appeal to the BOA. The attached ordinance proposes that an appeal must be submitted within 30 days of the Director’s determination.
Ms. Mikulak gave extensive examples of appeal deadlines and then stood by to answer
any questions.
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format.
Council Questions and comments
Having discussed this item previously in Study Session, CM had no questions or comments.
Motion by CM Ohm to approve Council Bill No. 04-2023 - an ordinance amending Section 26-115.E of the Wheat Ridge Code of Laws concerning requests for
interpretation by the Board of Adjustment, and that it take effect immediately upon
adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of the Charter, seconded by CM Stites, motion carried 8-0
3. Council Bill No. 05-2023 – An Ordinance amending Sections 22-58 and 22-67 of
the Wheat Ridge Code of Laws to establish an exemption from the City’s Sales
and Use Tax for certain retail delivery fees enacted by the State of Colorado.
CM Hutchinson introduced Council Bill 05-2023
Issue
Colorado Senate Bill 21-260 created a clean fleet enterprise to impose a clean fleet
retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle. The fee is $0.27 per delivery. Delivery fees are currently subject to City sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance exempts the CFRDF from taxation
Mayor Starker opened the public hearing.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1758.
Staff Presentation
Allison Scheck, Deputy City Manager reviewed the background on this item where council discussed this subject in Study Session on February 6, 2023 and approved the
ordinance on first reading on February 27, 2023.
Ms. Scheck also reported on the following items:
• Financial Impact: The City does not currently require taxpayers to separately report delivery fee revenues. Therefore, staff have estimated that based on an
analysis of the annual taxable revenues of seven well-known delivery-based
taxpayers, taxation of the $0.27 CFRDF would generate incremental annual sales tax revenue of $500 per year.
• Background: Effective July 1, 2022, Senate Bill 21-260 created within the
Colorado Department of Public Health and Environment a clean fleet enterprise for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets.
• Recommendation for the Colorado Municipal League: That home-rule municipalities exempt the fee from sales tax given the absence of clear direction about taxability of the fee from the State. CML also believes that the fee could potentially trigger a TABOR challenge
Public Comment
No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format.
Council Questions and comments
Having recently studied this issue in Study Session, CM had no questions or comments.
Motion by CM Hutchinson to approve Council Bill No. 05-2023 - an ordinance
amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for certain retail delivery fees enacted by the state of Colorado, on second reading, and that it takes effect 15 days final publication, seconded by CM Ohm, motion carried 5 votes Aye and 3 votes Nay (CM Hultin, Nosler Beck and Weaver).
CM Hultin spoke about why she opposes this ordinance because it is not green, adds to air pollution and we should have the right to collect this fee.
ORDINANCES ON FIRST READING
There were none tonight.
DECISIONS, RESOLUTIONS AND MOTIONS
4. Resolution 09-2023 – A Resolution amending the Fiscal Year 2023 Capital
Improvement Program Fund budget to reflect the approval of a supplemental
budget appropriation in the amount of $615,210 and to award a contract and
approve subsequent payments to Ayers Associates, Inc. for professional services
for the 38th West Study.
CM Stites introduced Resolution 09-2023.
Issue
City Council's 2021-2022 Strategic Plan includes "Re-examine and Advance Sidewalks
on 38th Avenue." To that end, a consultant selection process has been completed to
perform a master planning study for 38th Avenue from Kipling Street to Youngfield
Street. Staff is recommending that the selected consultant, Ayers Associates, Inc, be
awarded a contract in the amount of $615,210.
Staff Presentation
Lauren Mikulak presented the staff report where on June 6, 2022, the scope of work for
the 38th West Study was discussed with Council at study session. Consensus was
received to proceed with selecting and hiring a consultant to conduct a planning effort to
combine public input with technical analysis to develop a recommended alternative(s)
He proceeded to give a detailed report on the:
• Financial impact: This project was not included in the adopted 2023 budget, so a
supplemental budget appropriation is required. The final negotiated fee with
Ayers is $615,210.
• Background: The project segment (“38th West”) is 1.75 miles in length and is
designated as a minor arterial on the City's Street Master Plan. Sidewalks on
38th West have been added or improved at a few scattered locations over the
many years by private development projects along the corridor and a few small
City funded projects; however, for most of the corridor true multimodal facilities
for those that walk, and roll are inadequate or completely lacking.
Public Comment
No one came forward to speak.
Council Questions and comments
CM Weaver explained why she is personally and, as a representative of District III, she
strongly supports this motion.
CM Hultin also expressed her support for this motion, having worked on this issue for
some time. This motion will greatly improve public safety and comfort along 38th.
Avenue.
MPT Stites echoed the comments of the previous CM. As students change schools
from Kellerstrand to Prospect Valley, this will also help families whose children will be
attending Prospect Valley.
Motion by Stites to approve Resolution No. 09-2023, a resolution amending the Fiscal
Year 2023 Capital Improvement Program Fund budget to reflect the approval of a
supplemental budget appropriation in the amount of $615,210 and to award a contract
and approve subsequent payments to Ayers Associates, Inc. for professional services
for the 38th West Study, seconded by CM Dozeman, motion carried 8-0.
5. Resolution No. 08-2023 – a Resolution authorizing the Mayor to execute an
agreement with Jefferson County Open Space to accept a Trails Partnership
Grant in the amount of $410,000 for designing and building a trail around Tabor
Lake.
CM Nosler Beck introduced Resolution 08-2023.
Issue
The City of Wheat Ridge was awarded $410,000 in funding through the Jeffco Open
Space Trails Partnership Program for an engineered design and construction of an
accessible, safe, and stable trail around Tabor Lake that connects to the Clear Creek
Trail and Van Gordon St. To receive the funding, the City must accept the grant award
by directing the Mayor to sign the attached Grant Agreement.
Staff Presentation
Ms. O’Donnell presented the staff report where, among other items, City Council passed
Resolution No. 34-2022 on August 22, 2022, supporting the application to this grant
program. Letters of support for this project were submitted by the Parks and Recreation
Commission, Sustainable Wheat Ridge, the Sustainable Fruitdale neighborhood, Bike
Jeffco, the Wheat Ridge Active Transportation Advisory Team, Mountain Phoenix
Community School, and the Colorado School of Mines student team.
She stated the project, including design and construction, is estimated to cost
approximately $902,520, with the grant award reimbursing $410,000 (45.4% of the
project cost). The City is responsible for the remainder of the project cost ($492,250)
which includes in-kind project expenses and support (valued at $20,800) and the 17%
project contingency ($156,344). Funding for this project is in the 2023 approved Open
Space (Fund 32) budget.
She finished that the Clear Creek Trail system is heavily used and highly valued by
Wheat Ridge residents as a regional trail within the Jefferson County trails plan.
Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident
Engagement Program affirms this. The 2021 resident survey showed that 2/3 of
respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk
Program’s focus neighborhoods to date have told the City that bicycle and pedestrian
access and safety to and around the Clear Creek Trail is a top tier issue. The
preliminary plan for this trail was created in conjunction with the 44th Ave Sub-Area
Plan and update to the Open Space Management Plan.
Public Comment
No one came forward to speak.
Council Questions and comments
CM had no questions or comments having
Motion by CM Nosler Beck to approve Resolution No. 08-2023, a resolution authorizing
the mayor to execute an agreement with Jefferson County Open Space to accept a
trails partnership grant in the amount of $410,000 for the Tabor Lake trail project,
seconded by CM Hutchinson, motion carried 8-0.
6. Resolution No. 10-2023 – a Resolution approving an amendment to an
agreement with the Wheat Ridge Water District regarding Phase II of the
Wadsworth Boulevard Improvement project.
CM Weaver introduced Resolution 10-2023.
Issue
The City worked cooperatively with the Wheat Ridge Water District (District) to replace
their water mains and other facilities during Phase I of the Wadsworth Widening
Improvement Project. Including their work in the City’s project greatly simplifies the
construction coordination and reduces their costs. An Intergovernmental Agreement
between the City and the District to construct these improvements was approved by the
City Council in February, 2021. The District wishes to replace and upgrade their water
facilities in Phase II as well. Therefore, an amendment to the current agreement
between the City and the District to construct these improvements has been developed.
The City will be reimbursed by the District for their portion of the work.
Staff Presentation
Director of Public Works, Maria D’Andrea presented the staff report where, among other
items, an Intergovernmental Agreement (IGA) with the Wheat Ridge Water District was
approved by the City Council on February 22, 2021, via Resolution No. 09-2021
Including the reconstruction of the District’s facilities in the overall Wadsworth
Improvement project has several advantages for CDOT, the City, and the District:
• Traffic impacts of replacing the aging District facilities are lessened by including
their work in the overall project due to having only one construction project.
• Construction coordination will be much easier with the City’s general contractor
supervising all work.
• The District does not have to pay for separate construction traffic control and to
remove or repair the existing pavement.
• The District avoids the cost of performing night work, since most utility work on
Wadsworth is limited to the overnight hours.
Public Comment
No one came forward to speak.
Council Questions and comments
There were none.
Motion by CM Weaver to approve Resolution No. 10-2023, a resolution approving an
amendment to an agreement with the Wheat Ridge Water District regarding Phase II of
the Wadsworth Boulevard Improvement project, seconded by CM Stites, motion carried
8-0.
7. Motion to approve appointments to Boards and Commissions
By tradition, Board & Commission appointments are introduced by each District’s senior
member and seconded by the junior member.
CM Hoppe introduced the item
Issue
At the February 27, 2023 regular business meeting, Council appointed 21 volunteers to
boards and commission seats. Two At-Large Alternate vacancies remained to be filled
on the Board of Adjustment. Applicants who were not appointed on February 27th were
asked about their interest in serving in these roles and nine applicants indicated that
they are indeed willing to fill these vacancies.
Staff Presentation
City Clerk Kirkpatrick stood by to answer questions.
Public Comment
No one came forward to speak.
Motion by CM Hoppe, seconded by CM Stites, to appoint Alister Humber to the position
of At-large Alternate to the Board of Adjustment, term ending March 2, 2025. Motion
carried 8-0
Motion by CM Hoppe, seconded by CM Dozeman, to appoint Andrew Sulac to the
position of At-large Alternate Member to the Board of Adjustment, term ending March 2,
2026. Motion carried 8-0
8. Motion to approve installation of traffic calming devices on Cody Street between
38th Avenue and 41st Avenue in accordance with the Neighborhood Traffic
Management Program.
CM Hultin introduced the Motion.
Issue
Residents on Cody Street petitioned the City to address traffic issues on the street
segment from 38th Avenue to 41st Avenue. In accordance with the City’s Neighborhood
Traffic Management Program (NTMP), the City met with the residents at a
neighborhood meeting and subsequently devised a plan to install speed humps to
mitigate the traffic issues. The residents then secured a petition with the necessary
number of property-owner signatures supporting the installation of speed humps in
accordance with the NTMP policy and are hereby seeking approval for implementation.
Staff Presentation
Civil Engineer, Jordan Jefferies presented the staff report where the city’s
Neighborhood Traffic Management Program (NTMP) was approved to systematically
address traffic issues on residential streets. The goal of the program is to foster safety
and livability in neighborhoods by reducing the negative impact of vehicular traffic and
speeding on residential streets. The policies intent is to clearly identify a problem, if one
exists, and ensure full support from the affected residents in devising a plan through
consensus to a solution.
On June 23, 2022, Cody Street residents filed a request to participate in the NTMP
program. Upon receipt of the request, the City collected traffic data to determine speed,
volume, and vehicle classification for the traffic on the segment. Traffic data was
collected in July of 2022, and an 85th-percentile speed of 28.0 mph was observed on
Cody Street, which has a speed limit of 25 mph. Thus, the segment is eligible for speed
mitigation since the 85th-percentile speed is above the speed limit. A meeting was
conducted with the residents on August 24, 2022, to listen to resident concerns, present
the traffic data and analysis, and to explore available solutions.
Public Comment
Martha Denise Martin, 4050 Cody St. came to support the resolution and thank her
neighbors. At 4025 Cody St. there is a family with small children, and there is another
move-in at 4040 Cody St. Please, consider moving the traffic calming device further
north to serve these new families.
Mr. Steve Nguyen made comments in response to this request.
Dorothy Archer, 3640 Marshall St. came to say that she opposes more density in East
Wheat Ridge. The side streets have become more crowded with traffic, especially while
Wadsworth is under construction.
Carlo Ritschl, called to say that he lives at 4025 Cody St, called to say the current
location of the traffic calming device
John Stueve, 4035 Cody St called to say he appreciates the City’s help and the
Council’s support for installing this device as planned.
Council Questions and comments
There were none because Council had previously reviewed this action in Study
Session.
MPT Stites commented on the hiatus under this program and asked for details on what
will happen when the program resumes. Mr. Steve Nguyen gave a detailed answer.
CM Hutchinson asked when the program might resume. Mr. Nguyen gave a detailed
answer. She also asked about the process not only for those who have already applied
but also others who may apply.
Motion by CM Hultin to approve installation of traffic calming devices on Cody Street
between 38th Avenue and 41st Avenue in accordance with the Neighborhood Traffic
Management Program, seconded by CM Hoppe, motion carried 8-0.
CM Hultin thanked those who came this evening or called to comment.
CITY MANAGER’S MATTERS
Mr. Goff reported that the residents’ poll on future plans and the residents’ biennial
surveys are both out. He described the steps taken by staff and our survey contractor
to ensure a representative, random and fair process that stands scientific scrutiny.
CITY ATTORNEY’S MATTERS
Nothing tonight
ELECTED OFFICIALS’ MATTERS
CM Hutchinson attended the ribbon cuttings for ARC and Habitat for Humanities and
was glad to see so many people there. ARC accepts newspaper donations from those
who have newsprint to donate, which they use to wrap fragile items for safekeeping.
CM Hutchinson expressed her agreement with speakers who came earlier and asked
whether the Council can discuss the petition declared insufficient twice, once by City
Clerk Kirkpatrick and once by Judge Basso (who Council approved hiring to hear the
petitioners’ protest) rather than appealing those decisions to the District Court in
Golden. Mr. Dahl explained why Council does not have a legal process to intervene.
CM Nosler Beck before tonight’s Council meeting attended a session at which the
Superintendent of Jeffco Schools came the WR High School to hear comments from our
residents. The CM reported that the Jeffco Schools want to work with local
communities on school closure plans going forward. The discussion focused on
renovations at WRHS and the future of the school. CM Nosler Beck indicated a strong
need for us all to remain engaged with these school issues, especially plans for closing
schools.
CM Hultin lives nearby King of Wings and noticed the strong public response to the
opening of the new business; there was a line down the block of customers waiting for
their wings. The governor is proposing state funding to support e-bikes and electric
vehicles. She strongly supports this effort as e-bikes become more widely used and an
even more viable strategy to reduce vehicular traffic and greenhouse gases.
CM Hoppe rebutted the comment that Council acted on ADU without public input. She
listed the several ways the City engaged our residents in the process. Council worked
hard on this issue for a number of years before action was contemplated, let alone
taken.
CM Dozeman welcomed Habitat to Humanity to Wheat Ridge. She also attended the
Compass Homes groundbreaking, which will include affordable homes.
CM Weaver thanked all who came to the District III meeting last Saturday.
CM Hoppe thanked the WRHS Athletic Director for coming tonight with several student
athletes whose achievements have earned them athletic scholarships to colleges.
MPT Stites also attended the ARC ribbon cutting and was very impressed with the
facility and the staff. The District III meeting was well attended and there were good
discussions. He appreciated Superintendent Dorland’s participation in the meeting
earlier this evening. He echoed the comments about how we all need to stay involved
in this process. If you can find it in WR, buy it in WR, especially on St. Patrick’s Day.
Mayor Starker noted the frequent new business ribbon cuttings and all of the new
businesses coming to WR. He was very gratified to see Habitat come to WR. Thanks
to those who attended Coffee with the Mayor. He thanked all the residents who came to
speak tonight. He received a letter from a grandmother who thanked Ms. Judy Sigg, a
staffer at Prospect Valley Elementary School, for saving her grandson Jack from
choking using the Heimlich Maneuver – Twice!
ADJOURNMENT
The meeting adjourned at 7:57 pm.
APPROVED BY CITY COUNCIL ON April 10, 2023.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e.,
they contain a record of what was done at the meeting, not what was said by the
members.
PROCLAMATION
TO DESIGNATE THE WEEK OF APRIL 9-15, 2023, AS
ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK WHEREAS, Animal Care and Control personnel provide essential community functions by enforcing Animal Control laws, protecting the public from diseases such as rabies, and educating the public on the proper care of community pets; and
WHEREAS, Animal Care and Control personnel risk life and limb by going out into the public to protect the welfare of helpless animals and pets that are rescued from injury, disease, abuse, and starvation; and
WHEREAS, Animal Care and Control officers conduct humane investigations and protect animals from abusers and people from dangerous animals; and
WHEREAS, the accomplishments of the Animal Care and Control officers, achieved through compassion and collaboration, defend and are the voice of justice for the voiceless victims they often defend in a court of law; and WHEREAS, the City of Wheat Ridge is hereby dedicated to showing our appreciation to the Animal Care and Control officers, such as the City’s Community Services Officers, who endorse the bond between animals and humans advocating for responsible ownership by setting standards of professionalism in public safety and animal welfare. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby
proclaim the week of April 9-15, 2023, as ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK And reaffirm the City’s commitment to supporting the men and women tasked with enforcing regulations, bylaws, and ordinances regarding animal control.
IN WITNESS THEREOF, on this 10th day of April 2023. ____________________________ Starker, Mayor
____________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION TO DESIGNATE THE WEEK OF APRIL 23-29, 2023, AS
NATIONAL CRIME VICTIMS' RIGHTS WEEK
WHEREAS, the victims' rights movement has resulted in the passage of laws at the
local, state, and federal levels that established essential rights for victims; and WHEREAS, the rights of crime victims are best protected when all participants in the criminal justice process, not only victims, are appropriately educated about victims' rights; and WHEREAS, supporting victims of crime is crucial to the U.S. justice system because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self-defined goals; and WHEREAS, the accomplishments of the victims' rights movement, achieved through compassion and collaboration, and built on the courageous advocacy of individual victims and
their families across the country, inspire in us hope for future progress and greater healing; and WHEREAS, the City of Wheat Ridge is hereby dedicated to strengthening victims and
survivors in the aftermath of crime, building resilience in our communities and our victim service providers, and bringing hope and healing to all victims and survivors. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of April 23-29, 2023, as CRIME VICTIMS’ RIGHTS WEEK And reaffirm the City’s commitment to creating a victim service and criminal justice response that assists all victims of crime, and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. IN WITNESS THEREOF, on this 10th day of April 2023.
____________________________ Bud Starker, Mayor ____________________________
Steve Kirkpatrick, City Clerk
PROCLAMATION 2023 NATIONAL TELECOMMUNICATORS WEEK
To recognize National Public Safety Telecommunicators Week 2023 and to honor the service of the 118 men and women who respond to emergency calls, dispatch emergency professionals and equipment, and render life-saving assistance to the citizens of Wheat Ridge. WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property;
and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Jeffcom 911 emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Telecommunicators are the single vital link for our police
officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Telecommunicators of Jeffcom 911 have contributed substantially to the apprehension of criminals, suppression of fires and treatment of
patients; and WHEREAS, each Telecommunicator has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW THEREFORE, BE IT RESOLVED that I, Mayor Bud Starker, and the Wheat Ridge City Council formally declare April 9-15, 2023, as National Public Safety Telecommunicators Week in Wheat Ridge, Colorado, and in honor of the men and women whose diligence and professionalism keep our city and citizens safe. DONE AND RESOLVED, on this 10th day of April 2023. _____________________________ Bud Starker, Mayor
_______________________ Steve Kirkpatrick, City Clerk
PROCLAMATION
EARTH DAY CELEBRATION – APRIL 22, 2023
NATIONAL ARBOR DAY CELEBRATION – APRIL 28, 2023
WHEREAS, all people, regardless of race, gender, income, or geography, have a
right to a healthy, sustainable environment with economic growth and opportunity; and WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the Earth's beauty and resources; and
WHEREAS, this year marks the 53rd anniversary of the Earth Day movement; let it be known that the City of Wheat Ridge, Colorado, encourages all businesses, institutions, and individuals to celebrate the Earth and commit to caring for the planet and its resources; and
WHEREAS, trees provided one of the first business opportunities in Wheat Ridge in the 1860's; and WHEREAS, trees continue to be an important part of the quality of life to
community members and visitors, enhancing property values and community spirit; and
WHEREAS, residents, businesses, green industry, elected officials and staff continue to work together to maintain and provide a healthy tree canopy throughout the City of Wheat Ridge as part of a comprehensive community forest program; and
WHEREAS, the City of Wheat Ridge has been awarded “Tree City U.S.A.” by the National Arbor Day Foundation for 43 years. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of
Wheat Ridge, do hereby declare Saturday, April 22, 2023, as CITY OF WHEAT RIDGE EARTH DAY CELEBRATION Encouraging people in Wheat Ridge to combat climate change and environmental
degradation, support green economy initiatives, and to inspire others to undertake similar actions; and I also declare Friday, April 28, 2023, as CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION
Encouraging community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. __________________________ Bud Starker, Mayor
________________________ Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 11-2023 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT AMONG THE CITY
OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE:
This Agreement sets forth rights and responsibilities regarding ownership and utilization of the
radio system jointly owned and shared by the City of Lakewood (Lakewood), City of Wheat Ridge (Wheat Ridge), and the West Metro Fire Protection District (WMFPD). The agreement also addresses radio system maintenance, as well as individual agency equipment maintenance services and costs, provided by Lakewood’s Radio Communications Division.
PRIOR ACTION: In 2005, Wheat Ridge and the WMFPD, through an Intergovernmental Agreement (IGA), shared a radio site located on Mount Morrison. At that time, Lakewood and the WMFPD also had an IGA for sharing the Lakewood radio site located on Green Mountain. The IGA between Wheat Ridge
and the WMFPD also allowed Wheat Ridge accessibility to the Green Mountain site, as well as
radio maintenance service provided, at an agreed upon cost for Wheat Ridge, by Lakewood radio technicians.
Council Action Form – IGA for Use and Maintenance of Shared Radio Communications System April 10, 2023
Page 2
In May 2010, a Letter of Agreement was signed by the Lakewood Police Chief, the Wheat Ridge Police Chief and the WMFPD Fire Chief to move to the P25 radio infrastructure at both the Mount
Morrison and Green Mountain sites, and to permit Lakewood the use of the Mount Morrison radio
site. This Letter of Agreement is to remain in effect until an updated Intergovernmental Agreement addressing use, ownership, and maintenance of the system among the three agencies is generated. In March 2017, an IGA was established defining the agreement between the three agencies to
define terms of the use and maintenance of the shared radio system. After five years, the agencies
have re-defined the terms of this agreement in the attached IGA. Attorneys representing each agency have reviewed the proposed IGA. FINANCIAL IMPACT:
Costs for radio system and agency equipment maintenance and the Mount Morrison site lease are
identical to the current radio system IGA between Wheat Ridge and the WMFPD and will not have any additional financial impact to Wheat Ridge. BACKGROUND:
Lakewood, Wheat Ridge and the WMFPD all utilize P25 radio communications systems supplied
by the Harris Corporation, and share the infrastructure equipment, software, frequencies, and maintenance costs to support the system. The three entities have leveraged their authorized grant funding and related communications purchases to provide a reliable, sustainable communications system to enhance public safety, homeland security, and communications interoperability among
the parties. All parties shall be ensured of long-term security as to this agreement.
Lakewood has a Radio Communications Division to provide communications services to its Police Department and the City of Lakewood’s non-public safety entities. The WMFPD and Wheat Ridge have a need for communications technical assistance parallel to Lakewood. Lakewood is willing
to provide the technical services of its Radio Communications Division. The WMFPD and Wheat
Ridge agree to pay their share of the costs associated with the services to be provided by the Radio Communications Division and the annual Mount Morrison radio site lease split evenly between the two entities.
RECOMMENDATIONS:
Staff recommends approving the IGA between the City of Lakewood, the City of Wheat Ridge, and the West Metro Fire Protection District for the use and maintenance of a shared radio communications system.
RECOMMENDED MOTION:
“I move to approve Resolution No. 11-2023, a resolution approving an agreement between the City of Lakewood, the City of Wheat Ridge and the West Metro Fire Protection District for the use and maintenance of a shared radio communications system.
Or,
Council Action Form – IGA for Use and Maintenance of Shared Radio Communications System April 10, 2023
Page 3
“I move to postpone indefinitely Resolution No. 11-2023, a resolution approving an agreement between the City of Lakewood, the City of Wheat Ridge and the West Metro Fire Protection
District for the use and maintenance of a shared radio communications system for the following
reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief
Chris Murtha, Chief of Police
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 11-2023
2. Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11 Series of 2023
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND
MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge, Lakewood, and the West Metro Fire Protection District, are authorized to enter into
cooperative agreements with other governmental entities to provide any function,
service, or facility; and WHEREAS, each of the parties is engaged in emergency response and other public safety functions that rely on radio communications systems; and
WHEREAS, public safety and first responder radio communications systems consist of electronic network switching equipment, microwave equipment, fixed hardware components, terminal equipment, mobile and portable radios, tower facilities, and computer software, among other things; and
WHEREAS, currently, Lakewood shares and has joint and equal ownership with Wheat Ridge and West Metro Fire, a P25 radio communications system with facilities maintained by Lakewood, located in and around each entity’s respective jurisdictions; and
WHEREAS, said jurisdictions wish to enter into an intergovernmental agreement to set forth the rights and responsibilities of each party concerning the shared P25 radio system; and
WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
The Intergovernmental Agreement by and among the City of Lakewood, the City of Wheat Ridge, and the West Metro Fire Protection District regarding the use and maintenance of a shared radio communications system, attached to this resolution and incorporated herein by reference, is hereby approved. The Mayor
and City Clerk are authorized to execute the same. ATTACHMENT 1
DONE AND RESOLVED this 10th day of April 2023.
_____________________ Bud Starker, Mayor
ATTEST:
_____________________________ Steve Kirkpatrick, City Clerk
ATTACHMENT 2
ITEM NO: 1b
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 12-2023 – A RESOLUTION AMENDING
THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,584 TO ACCEPT A GRANT FROM THE COLORADO AUTOMOBILE THEFT PREVENTION 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 Department of Public Safety, Colorado Automobile Theft Prevention Authority (CATPA) , is providing a grant to the City to assist in preventing thefts of catalytic converters. In 2023,
CATPA awarded the Wheat Ridge Police Department $18,584 to be used to mark and register catalytic converters. PRIOR ACTION:
None
FINANCIAL IMPACT: These grant funds have not been appropriated in the 2023 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the
following purposes:
1. Identification number etching kits - $12,890 2. 24 hours of officer overtime - $2,694
Council Action Form – 2023 CATPA Catalytic converter grant April 10, 2023
Page 2
3. Mechanic personnel and facilities (Seyfer Automotive/Specialties) - $3,000
No matching funds are required for this grant.
BACKGROUND: The City of Wheat Ridge has experienced a significant increase in the theft of catalytic converters since 2020. One way to significantly deter/solve these thefts is by etching registered
unique identification numbers into catalytic converts. The police department conducted a similar
project in 2021 that was very successful. To safely and efficiently etch ID numbers into catalytic converters, the City has teamed with Seyfer Automotive/Specialties. Using their tools and mechanics will maximize the safety and the
number of vehicles that can be marked. The facility use has been donated, but the mechanics will
be compensated for their time. It will take 24 mechanic hours over a two-day period to mark approximately 600 vehicles. The compensation for the mechanics is $3,000. To register each owner/vehicle with the state and to organize the event will require 24 hours of
officer time over the two days. Compensation for the officer hours will be $2,694.
The supplies to mark vehicles will cost $12,890. The stickers are part of a kit that can be registered through the state so that if stolen, law enforcement could determine the exact vehicle the catalytic converter was taken from.
RECOMMENDATIONS: Staff recommends that Council accept the Department of Public Safety, Colorado Automobile Theft Prevention Authority funds to host two catalytic marking events.
RECOMMENDED MOTION:
“I move to approve Resolution No. 12-2023, a resolution amending the 2023 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,584 to accept a grant from the Colorado Automobile Theft Prevention Authority.”
Or,
“I move to table indefinitely Resolution No. 12-2023, a resolution amending the 2023 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,584 to accept a grant from the Colorado Automobile Theft Prevention Authority
for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY: Jon Pickett, Commander Christopher Murtha, Chief of Police
Patrick Goff, City Manager
Council Action Form – 2023 CATPA Catalytic converter grant April 10, 2023
Page 3
ATTACHMENTS: 1. Resolution No. 12-2023
2. Grant Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2023
TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,584 TO ACCEPT A GRANT FROM THE COLORADO
AUTOMOBILE THEFT PREVENTION 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 provide law enforcement services; and
WHEREAS, the Department of Public Safety, Colorado Automobile Theft Prevention Authority (CATPA), is providing a grant to assist in preventing thefts of catalytic converters; and
WHEREAS, in 2023, CATPA, awarded the Wheat Ridge Police Department (WRPD) $18,584 to be used to mark and register catalytic converters; and
WHEREAS, the WRPD has proposed, and CATPA has approved, the use of such funds to purchase and install etching identification stickers to catalytic converters; and
WHEREAS, the Council therefore wishes to accept the 2023 CATPA funds for the aforementioned catalytic converter anti-theft program, as set forth herein; 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 City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The City of Wheat Ridge hereby accepts the 2023 Department of Public Safety, Colorado Automobile Theft Prevention Authority in the amount of $18,584.
Section 2. A transfer of $18,584 is hereby approved from the General Fund
undesignated reserves to account 01-202-700-755 and the 2023
revenues are amended accordingly DONE AND RESOLVED this 10th day of April 2023.
ATTACHMENT 1
Bud Starker, Mayor
ATTEST:
___________________________ Steve Kirkpatrick, City Clerk
ATTACHMENT 2
ITEM NO: 1c
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 13-2023 - A RESOLUTION AMENDING
THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $84,382 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE COLORADO DIVISION OF CRIMINAL JUSTICE – FENTANYL ACCOUNTABILITY AND PREVENTION GRANT PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Chief of Police City Manager ISSUE: The Colorado Division of Justice (DOJ) awards police departments grant funds to be used for law enforcement purposes. In 2023, the DOJ, as part of the Fentanyl Accountability and Prevention Grant Program, awarded the Wheat Ridge Police Department $84,382 to be used for
supplies, technology, and travel for the purpose of investigating deaths and injury caused by illegal synthetic opiate poisoning and disrupting synthetic opiate supplies. PRIOR ACTION: None
FINANCIAL IMPACT: These grant funds have not been appropriated in the 2023 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the following purposes:
Council Action Form – 2023 DOJ Fentanyl Accountability and Prevention Grant April 10, 2023
Page 2
Year 1 - FY23 March 1, 2023, to June 30, 2023 - $56,252.00 for supplies, operating and travel
Year 2 - FY24 July 1, 2023, to June 30, 2024 - $28,130.00 for supplies and operating If any of these projects must go over budget for successful completion, civil forfeiture funds from Fund 17 may be used.
BACKGROUND: This project will be used for thoroughly investigating, enforcing, and prosecuting synthetic opiate distribution networks and investigating deaths caused by illegal synthetic opiate poisoning. This includes multijurisdictional and multistate investigations and enforcement
operations to reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado.
This grant will allow funding for the purchase of technology, equipment, and training to enhance intelligence through evidence acquisition from digital devices, information-sharing capabilities, and interagency collaboration among federal, state, and local law enforcement partners regarding synthetic opiate distribution networks and overdose investigations. Further it will provide
technology for case presentation for information sharing. Finally, it will provide funding for
directed enforcement of opiate distribution networks and training opportunities. The funding from this project will allow the Wheat Ridge Police Department to purchase state-of-the-art forensic access and analysis tools, which extract encrypted or inaccessible data from
digital devices and parse this information for analysis. Likewise, these tools will assist in
analyzing the large amounts of data extracted from digital devices. Finally, digital forensics training provides education and training on timelines and data that cannot be extracted with a forensic tool. This training in how this data is understood and will ensure accurate interpretation and presentation of this data for case preparation.
The funding from this project will expand the capabilities of the digital lab at the Wheat Ridge Police Department and ensure they are a resource for interagency collaboration. The funding will also provide technology and training for case presentation, expertise, and data sharing across jurisdictions. Finally, this project will be used for thoroughly investigating, enforcing, and
prosecuting synthetic opiate distribution networks and investigating deaths caused by illegal
synthetic opiate poisoning. RECOMMENDATIONS: Staff recommends City Council accept the Colorado DOJ Fentanyl Accountability and
Prevention Grant funds to purchase the above listed equipment, technology, and training.
RECOMMENDED MOTION: “I move to approve Resolution No. 13-2023, a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$84,382 for the purpose of accepting a grant from the Colorado DOJ - Fentanyl Accountability
and Prevention Grant Program.”
Council Action Form – 2023 DOJ Fentanyl Accountability and Prevention Grant April 10, 2023
Page 3
Or,
“I move to table indefinitely Resolution No. 13-2023, a resolution amending the 2023 Fiscal
Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $84,382 for the purpose of accepting a grant from the Colorado DOJ - Fentanyl Accountability and Prevention Grant Program for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Scott Bellomy, Investigations Commander Jim Lorentz, Division Chief Christopher Murtha, Chief of Police Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 13-2023 2. Grant Award Letter
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2023
TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $84,382.00 FOR THE PURPOSE OF
ACCEPTING A GRANT FROM THE COLORADO DIVISION OF CRIMINAL JUSTICE – FENTANYL ACCOUNTABILITY AND PREVENTION GRANT PROGRAM 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 provide law enforcement services; and
WHEREAS, the Colorado Division of Criminal Justice (DOJ) awards local police departments Fentanyl Accountability and Prevention grant funds to be used for law enforcement purposes; and
WHEREAS, in 2023, the DOJ, as part of the Fentanyl Accountability and
Prevention grant program, has awarded the Wheat Ridge Police Department (WRPD) $84,382 in funds to be used to investigate deaths and injury caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate supplies; and
WHEREAS, the WRPD has proposed, and the DOJ has approved, the use of
such funds to purchase supplies, technology, and training; and
WHEREAS, the Council therefore wishes to accept the 2023 DOJ funds for the aforementioned fentanyl accountability and prevention purposes, as set forth herein; 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 City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. The City of Wheat Ridge hereby accepts the 2023 Colorado Division of Criminal Justice grant funding in the amount of $84,382
to purchase the outlined supplies, technology, and training.
Section 2. A transfer of $84,382 is hereby approved from the General Fund undesignated reserves to account 01-212-700-750 and the 2023 revenues are amended accordingly.
DONE AND RESOLVED this 10th day of April 2023.
ATTACHMENT 1
Bud Starker, Mayor
ATTEST:
___________________________ Steve Kirkpatrick, City Clerk
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Page 1 of 12 Version 08.10.2021 (DCJ 04/22)
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
2023-FD-23-16
Grantee
City of Wheat Ridge
Federal Unique Entity Identifier (UEI)
Grant Issuance Date (Start Date)
The later of March 1, 2023 or the date the State Controller or
an authorized delegate signs this Grant Letter
Grant Expiration Date (End Date)
June 30, 2024
Grant Amount
Total for Fiscal Years 2023-2024: $84,382
Grant Authority (State Authority)
The Division of Criminal Justice is authorized to disburse
these funds by Colorado Revised Statute 24-33.503 and 507.
C.R.S. 24-33.5-533. Synthetic Opiate Poisoning
Investigation And Distribution Interdiction Grant Program
Grant Description
This project will be used for thoroughly investigating, enforcing, and prosecuting synthetic opiate distribution networks and
investigating deaths caused by illegal synthetic opiate poisoning. This includes multijurisdictional and multistate investigations
and enforcement operations of the West Metro Drug Task Force and Wheat Ridge Police Department, to reduce the supply of
illegal synthetic opiates and precursor chemicals in Colorado. This grant will allow funding for the purchase of technology,
equipment, and training to enhance intelligence through evidence acquisition from digital devices, information-sharing
capabilities, and interagency collaboration among federal, state, and local law enforcement partners. Further, it will provide
funding for directed enforcement of opiate distribution networks. Finally, it will provide technology for case presentation for
information sharing.
Grant Purpose
To provide grants to law enforcement agencies for the purpose of investigating deaths and serious injuries caused by illegal
synthetic opiate poisoning and for disrupting synthetic opiate supplies.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A1, Sample Option Letter.
2. Exhibit A2, Sample Grant Funding Change Letter
3. Exhibit B, Grant Requirements.
4. Exhibit C, Special Conditions.
5. Exhibit D, Statement of Work.
6. Exhibit E, Budget.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C, Special Conditions.
2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit B, Grant Requirements.
4. Exhibit D, Statement of Work.
5. Exhibit E, Budget.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
______________________________________________
By: Division of Criminal Justice
Joe Thome, Director, or
Debbie Oldenettel, Deputy Director
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:_____________________
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
02/27/2023 | 3:43:01 PM PST
02/27/2023 | 4:43:42 PM MST
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Page 3 of 12 Version 08.10.2021 (DCJ 04/22)
TABLE OF CONTENTS
1. GRANT ...................................................................................................................................... 3
2. TERM ........................................................................................................................................ 3
3. DEFINITIONS .......................................................................................................................... 4
4. STATEMENT OF WORK ........................................................................................................ 6
5. PAYMENTS TO GRANTEE .................................................................................................... 6
6. REPORTING - NOTIFICATION ............................................................................................. 7
7. GRANTEE RECORDS ............................................................................................................. 7
8. CONFIDENTIAL INFORMATION-STATE RECORDS ........................................................ 8
9. CONFLICTS OF INTEREST.................................................................................................... 9
10. INSURANCE ............................................................................................................................ 9
11. REMEDIES ............................................................................................................................... 9
12. DISPUTE RESOLUTION ....................................................................................................... 10
13. NOTICES AND REPRESENTATIVES ................................................................................. 10
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 10
15. GOVERNMENTAL IMMUNITY .......................................................................................... 10
16. GENERAL PROVISIONS ...................................................................................................... 10
EXHIBIT A1, SAMPLE OPTION LETTER ........................................................................................ 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER ..................................................................... 1
EXHIBIT B, GRANT REQUIREMENTS ............................................................................................ 1
EXHIBIT C, SPECIAL CONDITIONS ................................................................................................ 1
EXHIBIT D, STATEMENT OF WORK .............................................................................................. 1
EXHIBIT E, BUDGET .......................................................................................................................... 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter in accordance with §16.D.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State or other funds used for this
Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant
Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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in part by providing written notice to Grantee that includes, to the extent practicable, the
public interest justification for the termination. If the State terminates this Grant Award Letter
in the public interest, the State shall pay Grantee an amount equal to the total reimbursement
payable under this Grant Award Letter that corresponds to the Work satisfactorily completed,
as determined by the State, less payments previously made. This subsection shall not apply
to a termination of this Grant Award Letter by the State for breach by Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit E, Budget.
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
C. “CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
F. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
M. “Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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O. “PCI” means payment card information including any data related to credit card holders’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
P. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
Q. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
R. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
S. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose
such information; or (v) was independently developed without reliance on any State
Confidential Information.
T. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
U. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
V. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
W. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
X. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the
Work. This establishes a grant relationship. The beneficiary, not the purchaser, receives
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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benefit from the work. There may be multiple tiers of subgrantees that do not include
procurement transactions.
Y. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Budget. The State shall have no liability to compensate or reimburse
Grantee for the delivery of any goods or the performance of any services that are not specifically
set forth in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date.
B. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to and receives approval from the State of the change, the change
does not modify the total maximum amount of this Grant Award Letter or the maximum
amount for any state fiscal year, and the change does not modify any requirements of the
Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and
necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to
the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
C. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The
State will withhold allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.C, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part
180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring based on the State’s risk analysis of Grantee. The State shall have the right, in
its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a
subcontract or subgrant then Grantee shall contain provisions permitting both Grantee and
the State to perform all monitoring of that subcontractor or subgrantee.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
in this Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines. If
Grantee or any of its Subgrantees or Subcontractors will or may receive the following types
of data, Grantee or its Subgrantees or Subcontractors shall provide for the security of such
data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the
most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable. Grantee shall
immediately forward any request or demand for State Records to the State’s principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantees or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non-disclosure requirements, use
of appropriate technology, security practices, computer access security, data access security,
data storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and
shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
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12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise disputes concerning the performance of this Grant
that cannot be resolved by the designated Party representatives shall be referred in writing to a
senior departmental management staff member designated by the State and a senior manager or
official designated by Grantee for resolution.
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
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D. Modification
The State may modify the terms and conditions of this Grant by issuance a formal amendment
to this Agreement, properly executed and approved in accordance with applicable Colorado
State law and State Fiscal Rules. Modifications permitted under this Agreement, other than
Agreement amendments, shall conform to the policies issued by the Colorado State
Controller.
i. The State may, at the State’s discretion, issue an updated Exhibit D, Statement of
Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit A1,
Sample Option Letter to reflect changes during the fiscal year. The provisions of the
Option Letter shall become part of and be incorporated into this Grant.
ii. Grantee may terminate the grant if the Grantee cannot adhere to the approved Exhibit
D, Statement of Work and Exhibit E, Budget as updated from time to time.
iii. The State may, at the State’s discretion, use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit A1, Sample Option Letter or Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised,
the provisions of the Option Letter or Grant Funding Change Letter shall become part
of and be incorporated into the grant agreement.
iv. The State may increase or decrease the quantity of goods/services described Exhibit D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit A1, Sample Option Letter.
v. The State may add or delete the goods/services described Exhibit D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit A1, Sample Option Letter.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Page 12 of 12 Version 08.10.2021 (DCJ 04/22)
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit A1 Page 1 of 1
EXHIBIT A1, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Contract
Current Agreement Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
OPTION EFFECTIVE DATE:
F. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Option Effective Date:_____________________
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit A2 Page 1 of 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grant Funding Change Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount
Initial Term
Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Contract Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Contract Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:_____________________
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit B Page 1 of 2
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. DUE DATE:
I. PROJECT START:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
II. PROJECT DURATION AND END:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier. Failure to do
B. REPORT/AUDIT TYPE:
I. If your entity expended $750,000 or more in Federal funds (from all sources including pass-
through subawards) in your organization’s fiscal year (12-month turnaround reporting
period), your organization is required to arrange for a single organization-wide audit
conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.)
II. [NOT APPLICABLE TO SUBGRANTEES AS DEFINED IN §3.DD.
“SUBGRANTEE”] If your entity expends less than $750,000 in Federal funds (from all
sources including pass-through subawards) in your organization’s fiscal year (12-month
turnaround reporting period), your organization is required to arrange for either an audit or
financial review as follows:
1. Grantees that have revenue greater than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit.
2. Grantees that have revenue less than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. REPORT/AUDIT COSTS:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by
the Department of Public Safety in the event that the audit report or financial review:
I. does not meet the applicable federal audit or DCJ standards;
II. is not submitted in a timely manner; or,
III. does not provide an audit response plan with corresponding corrections made sufficient to
satisfy any audit findings.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit B Page 2 of 2
D. FAILURE TO COMPLY:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may
withhold award funds, or may impose other related requirements, if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants
Financial Guide, or other outstanding issues that arise in connection with audits, investigations,
or reviews of DOJ awards.
2. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to, reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such
records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required
source documentation for all costs incurred. These principles must be applied for all costs
incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website. However,
such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately
responsible for compliance with applicable state and federal laws, rules and regulations. In the
event of conflicts or inconsistencies between the Guide and any applicable state and federal laws,
rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and
federal laws, rules and regulations.
4. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for all purchases
under the grant. All contracts for professional services, of any amount, and equipment purchases
over five thousand dollars (per item, with a useful life of at least one year) must receive prior
approval by the DCJ. Grantee shall submit Form 16 – Professional Services/Consultant
Certification and/or Form 13 – Equipment Procurement Certification Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
5. AWARD CHANGE REQUESTS
A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right
to make and authorize modifications, adjustments, and/or revisions to the Contract for the purpose
of making changes in budget categories, extensions of grant award dates, changes in goals and
objectives, and other modifications as described in the body of the Contract.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit C Page 1 of 1
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the State concerning special requirements of
law, program requirements, and other administrative requirements. These requirements apply to this
Agreement and must be passed on to subgrant award recipients.
The Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant Program, referred to in
this Section as the "grant program":
The intent of the grant program is to provide grant funding to law enforcement agencies for the
purpose of investigating deaths and serious injuries caused by illegal synthetic opiate poisoning and
for disrupting synthetic opiate supplies.
Funds must be utilized for the following:
Investigating deaths and serious injuries caused by illegal synthetic opiate poisoning;
Investigating, enforcing, and prosecuting synthetic opiate importation and high-level distribution
networks, including multijurisdictional and multistate investigations and enforcement operations, to
reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado;
Technology, equipment, and training to enhance intelligence, information-sharing capabilities, and
interagency collaboration among federal, state, and local law enforcement partners regarding
synthetic opiate importation and high-level distribution networks;
Analyzing emergent trends in markets, including the use of the postal service, private courier,
commercial cargo, and the internet, for the import and distribution of illegal synthetic opiates
through a systematic and standardized approach, including the use of novel, high-frequency, and
real-time systems to enhance market surveillance.
Law enforcement agencies that are awarded grants under the grant program may be subject to an
audit by the state auditor to ensure that the grant money is used for the purposes articulated in this
section.
Agencies who are awarded a grant under the Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant Program are required to submit quarterly reports outlining
expenditures of grant funds and to report on the status of Goals and Outcomes set forth by the
grantee in the grant application. Funds shall be withheld if quarterly reports are not submitted in a
timely and complete manner.
Additional Program Specific Conditions applicable to this Agreement.
1. Grantee and all Subgrantees or Subgrants shall comply with Colorado law including, SB20-200 (CO
Secure Savings Program). https://treasury.colorado.gov/colorado-secure-savings-program
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit D Page 1 of 1
EXHIBIT D, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit E Page 1 of 1
EXHIBIT E, BUDGET
The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein.
Unspent funds from Fiscal Year 2023, shall automatically be applied to Fiscal Year 2024 contingent on
funding availability as described in the body of this Agreement. If funding becomes unavailable DCJ
shall notify the grantee per the terms of this Agreement.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit D Page 1 of 2
EXHIBIT D, STATEMENT OF WORK
Project Summary
This project will be used for thoroughly investigating, enforcing, and prosecuting synthetic opiate distribution
networks and investigating deaths caused by illegal synthetic opiate poisoning. This includes multijurisdictional
and multistate investigations and enforcement operations of the West Metro Drug Task Force and Wheat Ridge
Police Department, to reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado. This
grant will allow funding for the purchase of technology, equipment, and training to enhance intelligence through
evidence acquisition from digital devices, information-sharing capabilities, and interagency collaboration among
federal, state, and local law enforcement partners. Further, it will provide funding for directed enforcement of
opiate distribution networks. Finally, it will provide technology for case presentation for information sharing.
Project Description
The objective will be to thoroughly investigate, enforce, and prosecute synthetic opiate distribution networks
and investigate deaths caused by illegal synthetic opiate poisoning. Since the passing of Colorado’s new
fentanyl law this year, Wheat Ridge Police Department and West Metro Drug Task Force formulated a response
plan and trained line level patrol officers in responding to fentanyl possession and overdose investigations. This
training included information from attending the Colorado Fentanyl Summit in June of 2022. This plan includes
Wheat Ridge Police Department’s digital forensic examiner, who operates out of her own in-house digital lab.
Digital evidence is everywhere and has become a critical resource for law enforcement professionals to solve
crimes. Having the technology and tools for mobile data extraction will drastically improve the time it takes to
conduct these investigations. Examples of this technology are GrayKey, Cellebrite Premium, Magnet Axiom,
CellHawk, and a TriRead card reader.
Continued training is also a key component. The International Association of Computer Investigative Specialists
(IACIS) provides digital forensics training and provides Mobile Device Forensics training which goes beyond
push button forensics and provides education and training on timelines, data that cannot be extracted with a
forensic tool, and SQLite databases analysis. With grant funds, the Examiner can attend classes and seek
certification as a Mobile Device Examiner at the IACIS.
In addition to forensic intelligence, it is also critical to have proactive, directed interdictions efforts to identify
and enforce opiate distribution networks. This is how law enforcement can identify people involved in these
networks and locate digital devices as evidence for analysis. The Wheat Ridge Police Department along with the
West Metro Drug Task Force is dedicated to investigating, enforcing, and prosecuting synthetic opiate
importation and high-level distribution networks and deaths caused by illegal synthetic opiate poisoning.
Goals & Outcomes
GOAL 1
Goal 1: To promote a higher level of cooperation and collaboration among the agencies
located within a judicial district as well as with other agencies statewide. To
promote more direct involvement with non-participating law enforcement
organizations at all levels of government.
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Exhibit D Page 2 of 2
Outcome 1.1
Outcome: This goal will provide the jurisdiction and state with a more direct and detailed
investigation that records data concerning the most recent trends in opioid abuse.
This data will be analyzed and used to further combat the opioid epidemic. It will
also provide a victim assistance program that is paramount in the battle against
opioid abuse and overdoses.
Measurement: The WRPD will conduct monthly statistical reports to evaluate the effectiveness of
the project. The WRPD will also collaborate with the coroner’s office to report
statistics to the ODMAP database. This proposal will go in effect immediately upon
approval of the grant and will be evaluated monthly and quarterly throughout the
24-month project implementation. Criminal investigation success will be measured
by group statistical collection for monthly comparison and quarterly assessment.
These reviews will include statistics on the number of felony drug
arrests/convictions, quantity, and value of the types of illegal narcotics confiscated,
and the confiscations of funds/property used by offenders in the
manufacturing/distributing of illegal narcotics. This data will be used to analyze the
current trends of opioid use and distribution. This information will help determine
how investigations will be conducted in a continued effort to combat and minimize
the opioid epidemic.
Timeframe: March 1, 2023 - June 30, 2024
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Budget Categories
Personnel
Supplies & Operating
Travel
Equipment
Consultants/Contracts (Professional Services)
Indirect
$0 $0 $0
$3,072 $0 $3,072
$84,382
$0 $0 $0
$0 $0 $0
EXHIBIT E - BUDGET
BUDGET SUMMARY
TOTAL BUDGET
Year 1 FY23
3/1/2023 -
6/30/2023
Year 2 FY24
7/1/2023 -
6/30/2024
Total Award
Budget
$0 $0 $0
$53,180 $28,130 $81,310
Year 1 FY23 Year 2 FY24 Grand Total
$56,252 $28,130
Exhibit E - Budget Page 1 of 5 Part A
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations DCJ Grant #: 2023-FD-23-16
Position Title and Name Base Salary
Base Salary to
be Paid by
Grant Funds
% To Be Paid
By Grant
Funds Fringe
Fringe to be
Paid by Grant
Funds
% To Be
Paid By
Grant
Funds
Total Base
Salary + Fringe
Total Base
Salary +
Fringe to be
Paid by Grant
Funds
OT -
Base
Salary
OT - Base
Salary to
be Paid by
Grant
Funds
OT -
Fringe
OT -Fringe to
be Paid by
Grant Funds
Total to be
Paid by Grant
Funds
(including
overtime)
N/A $0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Budget Narrative and Justification:
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Position Title and Name Base Salary
Base Salary to
be Paid by
Grant Funds
% To Be Paid
By Grant
Funds Fringe
Fringe to be
Paid by Grant
Funds
% To Be
Paid By
Grant
Funds
Total Base
Salary + Fringe
Total Base
Salary +
Fringe to be
Paid by Grant
Funds
OT -
Base
Salary
OT - Base
Salary to
be Paid by
Grant
Funds
OT -
Fringe
OT -Fringe to
be Paid by
Grant Funds
Total to be
Paid by Grant
Funds
(including
overtime)
N/A $0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Budget Narrative and Justification:
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Personnel: Budget & Budget Narrative Details
Year 1 March 1, 2023 - June 30, 2023
Personnel: Budget & Budget Narrative Details
Year 2 July 1, 2023 - June 30, 2024
TOTAL PERSONNEL YEAR 1
PERSONNEL Year 1 FY23
TOTAL PERSONNEL YEAR 2
PERSONNEL Year 2 FY24
PERSONNEL GRAND TOTAL
Exhbit E - Budget Pages 2 of 5 Part B
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations
DCJ Grant #: 2023-FD-23-16
Budget Item
Amount to be
Paid by Grant
Funds Budget Narrative and Justification
Cellebrite Premium $10,990 Cellebrite Certified Premium Operator Cellebrite premium as a core package is
$10,990.00. Annual fee after 1st year $9,900.
Premium as a service core package $10,900 1 UFED4PC Endpoint (1 Premium Adaptor, will enable 1 UFED4PC license with
Premium capabilities); 35 unlocks, unlimited extractions (physical, full file system,
AFU, BFU)
GrayKey Essentials License $10,995 12-month subscription; unlimited known passcode and BFU extractions for iOS and
Android devices
Adobe Premier Suite $80 Video and film editing for case preparation ($20.00 per month)
Magnet Axiom license $5,800 Extension and upgrade to cloud (normally $4,000 per year without upgrade) Magnet
Axiom would be a license upgrade and extension to cloud analysis. Our current
license ends 07/31/2023. The cost is normally $4000.00 per year for WRPD. The
upgrade is $1,800.00. This is a year long license.
TriRead Card Reader $695 Identifies payment card data; reads emv chips, NFC, and credit card strips. Used for
investigating networks often tied to MVT, guns, forgery/fraud
IACIS Certification $2,495 36 hour course over five days; includes laptop (certified mobile device examiner -
mobile device forensics course)
CellHawk Unlimited $2,995 Annual subscription
Fisherbrand Polystyrene Antistatic Weighing Dishes $388 ($193.40 for case of 500) - requesting 2 cases
MobileDetect Fentanyl Test Kits $420 ($34.90 each) - requesting 12 kits
Pill Counting Trays $75 ($24.95 each) - requesting 3
Non-Personnel: Budget & Budget Narrative Details
Year 1 FY23 March 1, 2023 - June 30, 2023
SUPPLIES & OPERATING
Exhbit E - Budget Page 3 of 5 Part C
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations
DCJ Grant #: 2023-FD-23-16
MobileDetect Drug Field Kit $960 ($160.00 each)- Requesting 6
Rechargeable digital scale $240 ($23.99 each)- Requesting 10
Canon Binoculars w/ Case $3,747 ($1,249.00 each)—Requesting 3 15x50 Image Stabilization All Weather
Nikon Coolpix P950 Camera $2,400 ($799.99 each)—Requesting 3
$53,180
IACIS training hotel accommodations $1,887 Check-in April 23, check-out May 6. Training runs April 24-May 5
Per diem $449 One day before training and one day after ($51.75); Five days of training ($69.00)
Air travel and bag check $618 Round-trip flight and one bag check each way
Airport transportation $118 Shuttle service to/from hotel
$3,072
N/A
$0
N/A
$0
N/A
$0
$56,252Total Non-Personnel - Year 1 FY23
Consultants/Contracts Total
Equipment Total
Indirect Total
INDIRECT (ADMINISTRATIVE ONLY)
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
TRAVEL
Non-Personnel: Budget & Budget Narrative Details
Year 2 FY24 July 1, 2023 - June 30, 2024
EQUIPMENT
Travel Total
Supplies & Operating Total
Exhbit E - Budget Page 4 of 5 Part C
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Grantee: City of Wheat Ridge
Project: Digital Forensic Opioid Investigations
DCJ Grant #: 2023-FD-23-16
Budget Item Amount to be
Paid by Grant
Funds
Budget Narrative and Justification
Cellebrite Premium $9,900 Annual fee
GrayKey Essentials $10,995 Annual fee
Adobe Premier Suite $240 Subscription ($20.00 per month)
Magnet Axiom License $4,000 Annual fee
CellHawk Unlimited $2,995 Annual subscription
$28,130
N/A
$0
N/A
$0
N/A
$0
N/A
$0
$28,130
$84,382
Travel Total
EQUIPMENT
TRAVEL
Total Non-Personnel - Year 2
GRAND TOTAL NON PERSONNEL
Equipment Total
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
CONSULTANTS/CONTRACTS
Consultants/Contracts Total
INDIRECT
Indirect Total
Supplies & Operating Total
SUPPLIES & OPERATING
Exhbit E - Budget Page 5 of 5 Part C
DocuSign Envelope ID: 4D0064BA-DD05-4B84-B8CB-D72E86E37724
Certificate Of Completion
Envelope Id: 4D0064BADD054B84B8CBD72E86E37724 Status: Completed
Subject: DCJ Fentanyl Grant #2023-FD-23-16; City of Wheat Ridge
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Certificate Pages: 5 Initials: 0 OAJJA Grants
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ITEM NO: 1d
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2023 – A RESOLUTION AMENDING
THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $66,296 FOR THE PURPOSE OF AWARDING A CONTRACT IN THE AMOUNT OF $162,295.31 AND APPROVING SUBSEQUENT PAYMENTS TO TERRACARE ASSOCIATES, LLC FOR RIGHT OF WAY MAINTENANCE SERVICES
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________ _____________________________ Director of Parks & Recreation City Manager ISSUE: This request is for approval of the annual right-of-way (ROW) maintenance service contract. The City currently contracts annually for mowing, weed prevention and mitigation, and trash pickup in various right-of-way areas. Terracare was selected by the review team at the conclusion of a
formal bid process for a contract in the not-to-exceed amount of $162,295.31. Only $96,000 was included in the 2023 budget; therefore, a supplemental budget appropriation in the amount of $66,296 is required. PRIOR ACTION:
City Council has approved a ROW maintenance contract since 2005. FINANCIAL IMPACT: Funding for this contract is budgeted in General Fund account 01-603-700-704 (Contract Services) in the amount of $96,000. Like many industries, the bids came in much higher than in
years past, which is why the budgeted amount differs so significantly from the actual contract
Council Action Form – ROW Maintenance Services April 10, 2023
Page 2
award. A supplemental budget appropriation in the amount of $66,296 from General Fund undesignated reserves is necessary to award this contract.
The funds shall provide for all general contractor costs as identified in the bid package. Itemized costs for each service have been provided by the contractor. Other services, if needed, will be paid based on the square foot calculation per service:
1) Increased calls outside the original scope in the base bid.
2) Services at locations as needed not included in the base bid. BACKGROUND: The City’s most recent ROW maintenance contract has expired. In preparation of the expiration
of this contract, a committee of Parks, Forestry and Open Space Division staff members drafted
an updated scope of work and published a Request for Proposals to solicit bids from interested service providers. Bid proposals were reviewed and scored by the committee. Review categories were evaluated on
a weighted system, based on perceived value directly associated with important qualities as
determined by the committee. These final scores can be found on attachment 2. The City’s maintenance of sidewalks and right-of-way program has been in effect since 2005. This is a multi-year program contract, typically awarded for one year with the option to renew
for four additional one-year periods. Although the previous contract was signed in 2021, with an
extension in 2022, the City needed to go through the formal solicitation process again in 2023 because four (4) right-of-way areas were added after the contract was signed in 2021:
• 44th Avenue medians from Tabor Street to Ward Road
• Robb Street & 52nd Avenue, pond
• I-70 South Frontage Road, Kipling Street to Carr Street
• I-70 and Kipling landscapes
Paying for these services out-of-contract, on a time and materials basis, was far more expensive than what would be included in a typical ROW contract.
The total service area for this contract is around 34 acres. The scope of work includes year-round
services, as and where needed. We are anticipating 5 cycles of chemical weed control, 7 cycles for mowing and trimming services, and 12 cycles each for trash and debris removal and for sidewalk/median cleaning.
RECOMMENDATIONS:
As the lowest competitive bidder, and based upon the contractor’s demonstrated capabilities, experience and performance, staff recommends approval of the award to Terracare Associates, LLC in amount of $162,295.31 for one year, with the option to renew the contract for four additional one-year periods.
Council Action Form – ROW Maintenance Services April 10, 2023
Page 3
RECOMMENDED MOTION: “I move to approve Resolution No. 14-2023, a resolution amending the 2023 Fiscal Year budget
to reflect the approval of a supplemental budget appropriation in the amount of $66,296 for the
purpose to awarding a contract in the amount of $162,295.31 and approving subsequent payments to Terracare Associates LLC for right-of-way maintenance services.” Or,
“I move to table indefinitely Resolution No. 14-2023, a resolution amending the 2023 Fiscal Year budget to reflect the approval of a supplemental budget appropriation in the amount of $66,296 for the purpose to awarding a contract in the amount of $162,295.31 and approving subsequent payments to Terracare Associates, LLC for right-of-way maintenance services for the
following reason(s)______________________________________________________.” REPORT PREPARED/REVIEWED BY: Benny Paiz, Manager of Parks, Forestry and Open Space Karen O’Donnell, Director of Parks and Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 14-2023 2. Bid Tabulation
3. Terracare Bid Package
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 14 Series of 2023 TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $66,296 FOR THE PURPOSE OF AWARDING A CONTRACT IN THE AMOUNT OF $162,295.31 AND APPROVING SUBSEQUENT PAYMENTS TO TERRACARE ASSOCIATES, LLC FOR RIGHT OF WAY MAINTENANCE
SERVICES
WHEREAS, the City’s maintenance of sidewalks and right-of-way program has been in effect since 2005; and
WHEREAS, a new bid solicitation was required in 2023, with Terracare Associates, LLC selected as the successful bidder; and
WHEREAS, the bid amount exceeds the amount budgeted for this service in the 2023 general fund; 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 City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Budget Amended
A transfer of $66,296 is hereby approved from General Fund undesignated reserves to account 01-603-700-704.
Section 2. Contract Approved
A contract with Terracare Associates, LLC is approved to perform right-of-way
maintenance services. DONE AND RESOLVED this 10th day of April 2023.
________________________________ Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
Vendors Amount Eval 1 Eval 2 Eval 3
Hired Gun Weed & Pest Control 923,949.74$ 66 70 65
Iron Cross Servicces 633,450.67$ 72 64 44
Mountain High Lawn and Landscpae 327,550.00$ 52 52 8
Quandary Consultants 22,000.00$ 49 40 28
TerraCare Associates, 162,295.31$ 88 81 84
RFQ-23-0102 ROW Maintenance Svcs BidTab
ATTACHMENT 2
Prepared for:
Whitney Mugford-
Smith -
Procurement
Manager
Proposal Issued:
February 23, 2023
Proposal Valid to:
April 23, 2023
RFP-23-ROW
Maintenance
Services
City of Wheat
Ridge
A Monarch Landscape Company
ATTACHMENT 3
Table of
Contents
01
02
Cover Letter
Proposer Information and Addendum
Acknowledgment
Certification Statement for Workers Without
Authorization
Non-Discrimination Assurance Form
Non-Collusion Affidavit
Vendor Qualifications Form
Firm Capabilities and References
Scope of Submission
Effective Project Approach, Timeline, and
Safety
Implementation, Installation, or Plan
Effectiveness
Pricing
A Monarch Landscape Company
03
04
05
06
09
16
18
26
34
__________________
Antonio DeLuna-Martinez
Sr. Project Manager
7272 South Eagle Street
Centennial, CO. 80112
Cell: 303-210-6685
Antonio.DeLuna@myterracare.net
Cover Letter
February 23, 2023
Attn: Whitney Mugford-Smith -
Procurement Manager
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Dear Evaluation/Selection Committee,
On behalf of Terracare Associates, LLC (TCA), we thank you, RFP-23-ROW Maintenance
Services. TCA is the premier municipal landscape and public works service provider in the
Western United States. Headquartered in Centennial, Colorado, we relish the opportunity to bring
our expertise to another front range community.
The intent of this proposal is to address your needs as we understand them and demonstrate our
ongoing commitment to the City of Wheat Ridge and its patrons. At the same time, we have
sought to ensure that we are providing the best overall value for services to the City of Wheat
Ridge. With this in mind, our Landscape and Public Works division is poised to bring a the same
high level of service and attention to the unique needs of the City of Wheat Ridge that we bring to
more than twenty five (25) other clients in the Western United States.
TCA will provide the City of Wheat Ridge a partner who will exceed your established standards of
performance, communicate effectively and address problem resolution efficiently. We believe
these actions are integral to the successful outcome of the agreement.
Terracare Associates certifies that we have thoroughly examined and are familiar with the contract
documents. Thank you once again for this opportunity, and we look forward to developing a
partnership with the the City of Wheat Ridge.
Thank you again for this opportunity to participate in this process. We are willing to provide the
City of Wheat Ridge whatever additional information is necessary to more clearly explain the items
contained herein.
We look forward to hearing from you soon.
1 A Monarch Landscape Company
Proposer Information and Addendum
Acknowledgment
RFP-23-ROW Maintenance
PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT
DUNS
Federal ID number
STATE ZIPCODE
CELL
REQUIRED—MUST BE IN INK or Digital
FEIN / SSN (Required)
COMPANY NAME
ADDRESS
CITY
PHONE
AUTHORIZED SIGNATURE
PRINTED NAME
TITLE EMAIL
PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA
ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial
as applicable.
#1 #2 #3 #4
DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE
Signature acknowledges that proposer:
1)Has read the RFP documents thoroughly prior to submitting a proposal,
2)Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions,
3)Is capable of performing quality work to achieve the City objectives, and
4)Is submitting without collusion with any other individual or firm.
Bidder must complete and SUBMIT thisform with your bid/proposal or will be considered
Non-Responsive and/or Non-Responsible
and therefore disqualified from bidding.
26-4506454
Terracare Associates, LLC
7272 S. Eagle St.
Centennial CO 80112
303-419-2311720-587-2570
Justin Stewart
Regional Vice President Justin.Stewart@myterracare.net
831264770
2 A Monarch Landscape Company
N/A
Certification Statement for Workers Without
Authorization
A Monarch Landscape Company
3
Non-Discrimination Assurance Form
4
5 A Monarch Landscape Company
The following information is considered the minimum required to evaluate the qualifications of vendors intending
to provide services for the City of Wheat Ridge. Any additional information the vendor feels is pertinent, or which
clarifies items below, is welcome and may be attached.
The City will contact previous clients and references as a part of the evaluation process; thus, letters of
reference may shorten the evaluation period, if they are attached to this form.
1.Name of firm:
Zip: Phone:
Address:
State:
Principal in Charge:
Email:
Type of business organization:
Sole Proprietorship Corporation
Limited Partnership Partnership
State in which incorporated: Joint Venture
Name, position, and address of contact person regarding the information on this form:
Number of years your firm has done business under current name:
Previous firm names and / or partnerships (or firms you have had any interest in), and number of years of
each name:
2.Attach a list of all major accounts for the past two (2) years. For each account indicate the following:
•Original contract bid amount
•Owner (address, telephone number, and contact name)
CITY OF WHEAT RIDGE, CO
VENDOR QUALIFICATION FORM
RFP-23-ROW Maintenance
Terracare Associates, LLC
7272 S. Eagle St.
CO
Vendor Qualifications Form
720-587-257080112
Justin Stewart
Justin.stewart@monarchlandscape.com
X
CO
Justin Stewart, Regional Vice President, 7272 S. Eagle St.
15
ACC Landscape Maintenance - 20 years
6 A Monarch Landscape Company
Vendor Qualifications Form
•Account services provided
•Litigation or claims related to each project—state nature of claim(s), the parties, the dollar value, the
status and outcome—including the value of any judgment(s) or settlement(s)
•Name, address, and phone number(s) of reference(s)
3.List major equipment, facilities, number and type of employees available for City contract work.
Specify type of work normally done by your forces, and type of work you normally subcontract.
4.Have you ever terminated or abandoned any work prior to completion, or had work completed by
No Yes
others?
If yes, describe the situation:
5.Has your firm—or any firm you have had any interest in—ever been debarred or prohibited from
Yes
contract work with any government or private institution?
No
If yes, describe the situation:
City Staff will evaluate all qualification forms. The evaluation will include the following:
•Verification of statements and information provided
•Ability to perform work of similar nature
•Financial stability and capability
•Any pattern of controversy, poor management, delayed claims, late completion, inferior service or
equipment, or other undesirable characteristics
This qualification process is not intended to restrict competition. The intent is to protect the City’s legitimate
interests by ensuring that vendors are competent, capable of quality work, and financially able to complete the
work awarded.
Bidder must complete and SUBMIT this form with bid/
proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
See equipment page 25. Facilities located at 7272 S. Eagle St. Centennial, CO, 80111, 15603 E Fremont
Dr, Centennial, CO 80112, 3701 Northwest Pkwy, Broomfield, CO 80023, 15155 Washington St.
Thornton, CO 80023. This division of TCA works exclusively on ROW contracts.
X
X
N/A
N/A
7 A Monarch Landscape Company
Vendor Qualifications Form
Northwest Parkway:
•Original Amount: Roadside Maintenance - $661,890 / yr Snow - $219,000 / yr
•Contact: Brenda Shuler, (303) 533-1213, 370 Northwest Parkway, Broomfield, CO 80023
•Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal
•Ligation Status: None
E-470 Public Highway Authority:
•Original Amount: Roadside Maintenance: $656,000 / yr, Snow 2,300,000 / yr
•Contact: Derek Slack, 303-537-3710, 22470 E. Stephen D. Hogan Parkway, Suite 100, Aurora, CO 80018
•Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal
•Ligation Status: None
City of Wheat Ridge:
•Original Amount: $53,920 / yr
•Contact: Thomas Ellison, tellison@ci.wheatridge.co.us, 7500 W. 29th Ave., Wheat Ridge, CO 80033
•Services Provided: ROW Maintenance, Chemical Weed Control
•Ligation Status: None
Jefferson County:
•Original Amount: $62,371/ yr
•Contact: Domingo Lora, 303-271-521, 100 Jefferson County Parkway, Golden, CO 80419
•Services Provided: ROW Maintenance, Chemical Weed Control
•Ligation Status: None
City of Centennial:
•Original Amount: $3,736,000 / yr
•Contact: Craig Faessler, 720-570-6154, 13133 E. Arapahoe Rd. Centennial, CO 80112
•Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal and Public Infrastructure
•Ligation Status: None
City of Lone Tree:
•Original Amount: Roadside Maintenance: $511,920, Snow: $168,112.00
•Contact: Steven Fletcher, 303-386-2198, 9220 Kimmer Dr., Suite 100, Lone Tree, Colorado 80124
•Services Provided: ROW Maintenance, Chemical Weed Control, Snow Removal and Public Infrastructure
•Ligation Status: None
City of Lakewood:
•Original Amount: $66,593
•Contact: Rick Kobs, 720-963-5258, 480 S. Allison Parkway, Lakewood, CO 80226
•Services Provided: ROW Maintenance, Chemical Weed Control
•Ligation Status: None
8 A Monarch Landscape Company
9
Firm Capabilities and References for
Similar Work Completed by Proposed
Team
A.Company Information
Terracare Associates, LLC, established in 1985 and located in 7272 S. Eagle St., Centennial, CO 80112, is a
recognized leader in outdoor maintenance that proudly serves the Western United States. Our certified and
experienced staff improves landscapes, parks, roadways and infrastructure for beautiful, safe and sustainable
outdoor environments. Terracare Associates, LLC is a part of a larger organization, Monarch Landscape.
Monarch is a collection of top local and regional landscape companies, which includes over 30 branches,
over 2000 employees, and has grown to become a $275 million / year company.
Terracare has a Dedicated Municipal Division of almost 300 employees, who work solely on special district
and municipal projects. We operate with a high degree of professionalism, which allows us to continually
deliver the timely completion of critical landscape and infrastructure projects and meet the highest standards
of our special district and municipal clients.
We have been serving public works needs for more than 20 years. Our clients have ranged from cities like
Lone Tree, Centennial and Lakewood, to highways like E-470, I-25 HOT Lanes and Northwest Parkway. All of
these governmental entities have trusted TCA with their public works operations including streetscapes and
Right-Of-Way Maintenance. We provide services to more than 145,000 citizens and up to 1,600 miles of
roadways annually, allowing those citizens to move around as safely as possible.
TCA offers multiple service lines, with more than two thousand employees serving hundreds of diverse
clients. We are committed to staying customer-focused. We are licensed, bonded and fully insured to give you
peace of mind. Each day, TCA team members strive to exceed industry standards with the right equipment
and professional staff. With proven customer confidence in our work, we build lasting relationships within the
communities we serve.
The number of staff to be employed with this scope of services will vary with seasonality between a two man
crew to a three man crew with a spray technician.
A Monarch Landscape Company
10
Firm Capabilities and References
B. References
City of Lakewood, Colorado
Rick Kobs
720-963-5258
rickob@lakewood.org
Contract Amount: $72,637 / yr
In one of the largest public-private partnerships of its kind, Terracare Associates
has operated as the public works department for the City of Centennial in
Colorado since 2008. This includes providing the public infrastructure,
landscape maintenance and snow removal to the City's 110,000 residents.
Jefferson County
Domingo Lora
303-271-5219
dlora@co.jefferson.co.us
Contract Amount: $160,316 / yr
Terracare Associates’ partnership with the Jefferson County began in 2017.
TCA provides mowing and trimming grass and native turf in or directly adjacent
to public Rights-Of-Way (ROW). This includes set up/tear down traffic control
devices, blowing and cleaning mow/trim clippings from curb lines, pick up and
disposal trash/litter, protecting irrigation systems and auxiliary equipment,
conducting pre-mow inspections, and mechanical mowing and trimming.
Mile High Flood District
Joe Williams
303-455-6277
jwilliams@mhfd.org
Contract Amount: $151,523 / yr
MHFD was established by the Colorado legislature in 1969 to assist local
governments in the Denver metropolitan area with multi-jurisdictional drainage
and flood control challenges. MHFD covers an area of 1,608 square miles that
includes Denver, parts of the six surrounding counties, and 35 incorporated
cities and towns. MHFD focuses its resources on over 1,600 miles of major
streams and serves a population of approximately 2.8 million.
A Monarch Landscape Company
11
Firm Capabilities and References
C. Supplemental References
A Monarch Landscape Company
City of Centennial, Colorado
Michael Nelson, Public Works Services Project Manager
Address: 7272 S Eagle St,Centennial, CO 80112
Phone: 303.325.8011
Email: Michael.nelson@jacobs.comMi
Contract Date: 2008 - Ongoing
Contract Amount: $5,800,000 / yr
Contract Type: Firm Fixed Price
In one of the largest public-private partnerships of its kind, Terracare Associates
has operated as the public works department for the City of Centennial in
Colorado since 2008. This includes providing the public infrastructure, landscape
maintenance and snow removal to the City's 110,000 residents.
City of Longmont, Colorado
Ben Gratton
Address: 350 Kimbark St., Longmont, CO 80501
Phone: 303-651-8745
Email: ben.gratton@longmontco.gov
Contract Date: 2013 - Ongoing
Contract Amount: $230,000 / yr
Contract Type: Firm Fixed Price
Terracare's relationship with the City of Longmont dates back to 2013. During
that time we have taken care of 21 sites throughout the City of Longmont which
includes a total over 170 acres.
Arapahoe County Parks and Recreation District
Delos Scarle
Address: 16799 E Lake Ave, Centennial, CO 80016
Phone: 303-269-8400
Email: DelosSea@APRD.org
Contract Date: 2017 - Ongoing
Contract Amount: $390,000 / yr
Contract Type: Firm Fixed Price
Arapahoe County Parks and Recreation District includes 14 parks with
approximately 14 miles of trails and over 300 acres of natural areas. In addition
to that it also consists of a recreation center and a skate park. The county is also
actively developing additional park locations, trails and refurbishing other parks.
F. Business Classifications
Terracare does not qualify as an MBE, WBE, DVBE.
Firm Capabilities and References
D.. Experience overseeing and coordinating multiple
concurrent projects
We have been serving public works needs for more than 20 years. Our clients have ranged from cities like
Lone Tree, Centennial and Lakewood, to highways like E-470, I-25 HOT Lanes and Northwest Parkway. All of
these governmental entities have trusted TCA with their public works operations including streetscapes and
Right-Of-Way Maintenance. We provide services to more than 145,000 citizens and up to 1,600 miles of
roadways annually, allowing those citizens to move around as safely as possible.
TCA offers multiple service lines, with more than two thousand employees serving hundreds of diverse
clients. We are committed to staying customer-focused. We are licensed, bonded and fully insured to give you
peace of mind. Each day, TCA team members strive to exceed industry standards with the right equipment
and professional staff. With proven customer confidence in our work, we build lasting relationships within the
communities we serve.
E.Familiarity with the project area
For the past years, Terracare has been the City of Wheat Ridge selected provider for those services included
in RFP-23-ROW Maintenance Services. In addition, Terracare provides ROW and Landscape Maintenance to
100s of clients in the Denver Metropolitan and Front Range Areas.
G. Insurance Requirements
Terracare agrees to provide and maintain insurance per the RFP requirements, if awarded.
H. Past Relationships
Terracare does not have any relationships that could be construed or perceived as personal or organizational
conflicts of interest.
I. Financial Stability
Terracare Associates, LLC is a part of a larger organization,
Monarch Landscape. Monarch is a collection of top local and
regional landscape companies, which includes over 30
branches, over 2000 employees, and has grown to become a
$275 million / year company. We have not filed for bankruptcy
or reorganization under bankruptcy laws.12 A Monarch Landscape Company
A Monarch Landscape Company 13
Firm Capabilities and References
I. Financial Stability
A Monarch Landscape Company 14
Firm Capabilities and References
I.Financial Stability
A Monarch Landscape Company 15
Firm Capabilities and References
J.Sustainable Stability
As an organization, our passion is to be stewards of our local environment while protecting the health, safety
and welfare of our communities, clients and staff. This dedication has allowed TCA to lead the outdoor
industry in developing sustainable environments for more than 30 years, with a responsibility to ensure our
future generations have a landscape they can enjoy. Here are some examples of how we can help you be
more sustainable:
Providing You With Safer More Efficient Plant Health Care - Our team of professionals will bring out the best
in your landscape using a strict Integrated Pest Management (IPM) schedule that focuses on properly feeding
your landscape while monitoring the plant material and using pesticides only as a last resort to control an
insect, fungus or weed problem. Our unique approach reduces the need to apply weed control projects and
fertilizer only as needed to maintain the highest standard of plant health.
Staying on top of emerging trends and embracing new technologies enables TCA to offer solutions that are
innovative and unique. We utilize industry leading ideas and technology to help us provide you with a different
way of managing your landscape. Some examples of new ways to look at your landscape include converting
turfgrass or shrub bed areas to usable, interactive edible and native landscapes as well as creating new
sources of water for your thriving landscape through water harvesting or upgrading sprinkler heads with newer
water saving technologies.
Identify the maximum number of days from receipt of a call to perform that equipment will be in place and
weed control services commence.
The maximum number of days would be 14 days.
16
Meet Your
Management Team
We’ve assembled a team of seasoned landscape and public work professionals to care
for you and your landscape. We believe their collective experience, client-first focus, and
success in solving challenges similar to yours make them an excellent fit for the job.
Here’s a quick introduction:
A Monarch Landscape Company
•Planning
•Scheduling•Quality control•Serve as point-of-contact for high level site and project issues to expeditiously
and proactively identify, address, and resolve clients needs.
Phone: 303-210-6685
Email: Antonio.DeLuna@myterracare.net
Antonio DeLuna | Sr. Project Manager
Antonio has over 20 years’ experience in the landscape maintenance industry. For the past seventeen years, he has worked as a project manager in the Public Works
division at Terracare Associates. He is not only knowledgeable about the services
that his public works team offers, but is also willing to share his knowledge with clients, as well be a mentor to staff members. He uses his extensive experience
within the right-of-way maintenance field to communicate both internally and externally on projects to ensure success. Projects Mr. DeLuna has worked on in the
last two years include: Urban Drainage and Flood Control District, E-470 Corridor,
City of Lone Tree, City of Centennial, City of Wheat Ridge, RTD Projects, Denver Water, Jefferson County Road & Bridge, East Cherry Creek Water District Projects,
Town of Parker, Town of Foxfield.
Primary Responsibilities:
RELATED EXPERIENCE:
•Urban Drainage and Flood Control
District•E-470 Corridor
•City of Lone Tree•City of Centennial•City of Wheat Ridge
•Town of Foxfield
•RTD Projects•Denver Water
•Jefferson County Road & Bridge
•East Cherry Creek Water DistrictProjects
•Town of Parker
Bill Winfield| Branch Manager
Bill Winfield has a long record of successful outdoor construction and maintenance project dating back to 1999. He was the project manager lead on public private
partnership contract and continues to execute the partnership with the City of Centennial and CH2MHill, the largest of its kind in the country. In addition to the 23 infrastructure contracts and projects, Winfield supervises multi-million dollar
operations of the public works department for; City of Centennial and Lone Tree in Colorado.
Primary Responsibilities:
•Ensure RTD's KPIs are being met and exceeded.•Manage client interaction and expectations surrounding long term planning and
high-level value-added services.•Coordinates with the Terracare team to send monthly/quarterly reports of landscapeactivities, proposals and other feedback.
RELATED EXPERIENCE:
•City of Centennial
•City of Lone Tree•City of Lafayette, CA•Town of Foxfield
•City of Superior•Northwest Parkway•E-470 Public Authority
Scope of Submission
17
Your Account Team
A Monarch Landscape Company
Max Loya | Assistant Project Manager
Mr. Loya has over 20 years’ experience in the landscape maintenance industry. For the past ten years, he has worked as an assistant project manager in the Public Works division
at Terracare Associates. Knowledgeable and capable, he uses his experience with right-of-way maintenance to ensure high quality on all projects. These projects include: Urban
Drainage and Flood Control District, E-470 Corridor, City of Lone Tree, City of Centennial,
City of Wheat Ridge, RTD Projects, Denver Water, Jefferson County Road & Bridge, East Cherry Creek Water District Projects, Town of Parker, Town of Foxfield
Primary Responsibilities:
•Day to day on-site supervision•Serve as point-of-contact for RTD and project issues to expeditiously and
proactively identify, address, and resolve client needs.•Conduct walkthroughs with client and other company representatives.
List of Applicators
Christopher Lynch - 20+ years licensed experience
Donald Wessels - 20+ years licensed experience
Clifford Wessels - 20+ years licensed experience
Ryan Wessels - 5+ years licensed experience
David Wessels - 5+ years licensed experience
Joey Perez - 2+ years licensed experience
Scope of Submission
Terracare Associates has provided all the licensed services within this scope of work for over 35
years.
A Monarch Landscape Company 18
B.Schedule Management
When you choose us as your landscape maintenance provider, not only do you receive the attention of our well-
trained crews and professional technicians, you are assigned an Project Supervisor whose job is solely to care
for your property. Our Project Supervisor is the eyes and ears of your property; he is trained to provide reliable
and responsive communication making sure you’re absolutely happy. Whether you need customized month-end
reporting or a weekly site walk-through, TCA is eager to provide you with a unique experience. TCA and the City
will agree initially on a maintenance schedule, that will be adjusted and communicated on a daily / weekly basis.
Terracare Associates equips our Foremen and Project Supervisors with smart phones to communicate with the
City. Our Project Supervisor will also have a tablet computer to communicate with the city by email and/or text.
We utilize many different site inspection reports to perform our quality control checks. We will perform site
inspections monthly or, if, needed on a more routine basis. We will correct any items of concern before they
become issues.
Effective Project Approach, Timeline, and
Safety
A. Current Workload
Terracare Associates currently employees in excess of 150 full time staff in Colorado. Our intent is to staff this
project from this group of existing employees. TCA currently provides this scope to the City of Wheat Ridge
utilizing a management and delivery staff with over 25 years of right of way (ROW) maintenance and weed and
pest control experience. We have made servicing Wheat Ridge a priority amidst the extraordinary circumstances
and will continue to make Wheat Ridge a priority. These circumstances have impacted both laborer and
equipment availability. TCA is adding every tool available to ensure that we can service the city throughout the
duration of this contract. Every employer in today's market in battling with these extra ordinary circumstances,
however few have the ability such as TCA to reach back into other areas of our company to provide resources
and partnerships to accomplish this task.
We will continue to prioritize Wheat Ridge and balance our book of work to ensure we have both human and
other resources available for this scope of services. TCA continues to take bold steps such as partnering with
other enterprises, utilization of H2B program, and reducing our book of existing work in order to meet the city's
needs. We have already established many of the same partnerships and applications for additional workers from
these resources for the coming season.
Within the landscape industry in Colorado it is customary that mowing operators / gardeners are seasonal
employed, however TCA runs a robust winter snow and ice maintenance operation which allows us to offer year
round employment for the majority of our staff. Less than 20 % of our proposed laborers will end up being purely
seasonal employees hired for mowing operations .
The one thing that we know for certain is that during the
course of a season plans and schedules must be adjusted
to meet the constant demands and changes of a municipal
environment. It is the goal of TCA to partner with the city to
meet those constant changes and continue to
communicate in a way that best suits both the City and
TCA.
A Monarch Landscape Company 19
Effective Project Approach, Timeline, and
Safety
C.Foreseeable Problems
Weather is the main factor that will cause problems in any weed care program.
D.How the objectives identified will be achieved
Terracare is the current service provider of the services in this scope of work and has a comprehensive
understanding of the scope as well as the specific nuances of each area serviced in the scope.
The Right Experience- With some of the most experienced professionals in the field, TCA has the right
experience to meet most landscape needs. Many of our career technicians have been certified by nationally
recognized programs and have been industry leaders for many years.
The Right Equipment – Terracare Associates knows the importance of using the right tool for the right job. With a
background in maintaining some of the largest landscape projects in the United States, TCA has the inventory of
the right equipment to get the job done right.
TCA intends on subcontracting the chemical weed control portion of this contract. Due to the increased state and
federal sensitivity regarding chemical weed control, we have strategically partnered with a company whose main
focus is in this area. We feel that the city and community at large will be best served by partnering for this
expertise while bringing TCA's experience and the overall management of right of way maintenance.
E. Technical Requirements
The standard chemicals that will be used in the course of this contract include: A successful kill rate will be
achieved by first identifying which weeds are being targeted for elimination. Once we have out list of unwanted
weeds, we will formulate a tank mixture of mix-compatible products in order to affect every weed on site. Not
every product kills every weed, so tank mixes are needed. Now that we have our weeds identified and targeted,
we will use the label to determine the mix-rate of each chemical. In order to achieve a high kill rate on the first
spray, we will use the highest mix-rate available per each product for that time of the year. Now that we have out
mix-rates, we will choose the correct application method for the area- boom, hose and nozzle, or back-pack
spraying. During our application we will then make sure all boarders of the area being treated and traced with a
back-pack sprayer, and then the larger open area will be treated by a larger piece of equipment of choice. In
doing this, we not only ensure the weeds along the edges are sprayed well, but we also ensure no over spray
from the larger piece of equipment.
Herbicide Names
The standard chemicals that will be used in the course of
this contract include:
• Roundup
• Induce
A Monarch Landscape Company 20
Effective Project Approach, Timeline, and
Safety
Drift Control Methods
Trace boarders and edges of area with small equipment such as a back-pack sprayer. Pay attention to the
forecast, inversions, and wind speed and direction for that time and day.
Procedures for Posting
•Notifying people on the Sensitivity Registry
•Placement of state approved pesticide flag w/ Company Name, Pesticide, and date applied to all entry
points to the area, as well as dispersed though out the property to give warning for every direction before
any work is done
•Record keeping through filling out a chemical use sheet
•Removal of flags upon pesticides drying
•Turn in chemical sheet for files
F. Customer Service Philosophy
Terracare Associates will conduct routine daily, weekly and
monthly quality checks on each of the parks associated with
this contract. Those checks will be conducted by the project
team, upper management and sales. The various landscape
areas will be rotated by different team members so each
area is viewed by a different set of eyes each month. Below
is an explanation of our quality assurance program.
Quality Assurance Program – Our Crew Supervisor,
Foremen and upper management will conduct quality control
audits. We will then generate any necessary work orders for
repair and complete the necessary corrections.
Service Complaints – Since TCA is the service provider for
many large municipal contracts, we have put in place
procedures to handle both work orders and client comments.
As stated above, any comment or issue that comes into our
office via email, text, phone or fax will be made into a work
order and given a number for processing. The work order will
then be reviewed by our Crew Supervisor, and he will
distribute the work order to the appropriate field personnel to
complete the repair.
Service / Issue Management and Reporting Cycle
Service / Issue Report
ProjectSuprvsr.
Work
Order
Creation
Field
Work
Work Order Update
Close the Loop
A Monarch Landscape Company 21
Effective Project Approach, Timeline, and
Safety
G.Quality Control Methodology
Weekly Reporting
In addition to their site visits, your Account Team will also conduct a Landscape Quality Audits each week.
These audits evaluate the condition of our maintenance including weed pressure, plant healthcare and any other potential quality issues.
Our plan is to walk the sites with your FM Team monthly, visit the sites & provide these audits weekly.
We will track our performance month over month to ensure we are continuing to improve on our service delivery to you and will provide those metrics during our Quarterly Business Reviews.
Terracare Associates will conduct routine daily, weekly and monthly quality checks on each of
the sites associated with this contract. Those checks will be conducted by Antonio DeLuna - Sr.
Project Manager, Max Loya - Assistant Project Manager, and input from field staff.
Quality Assurance Program
Our Crew Supervisor, Foremen and upper management will conduct quality control audits. We
will then generate any necessary work orders for repair and complete the necessary corrections.
A Monarch Landscape Company 22
Effective Project Approach, Timeline, and
Safety
Courtyard Area Renovation
Completed Items:
•Demo/Grading of existing
planters
•Plant Installation
•Mulch Installation
Remaining Items:
•1 Year Post Construction
Maintenance (Ends
1/12/23)
Entry Landscape Installation
Completed Items:
•Removal of 8 diseased sycamore
trees
•Installation of 8 coast live oaks
•Installation of grasses
Remaining Items:
•Installation of ornamental shrubs
& mulch
•Post Construction Maintenance
of 1 year
Project Timeline Update Sample
Examp
l
e
Communication is key when it pertains to ongoing projects of any size. From planting annual color, to irrigation
repairs to larger capital improvement renovations, Terracare will communicate our progress with you every step of
the way.
Each week our Landscape Quality Audits (LQA’s) will detail that week’s project progress, project update photos
and schedules for the upcoming week to provide a weekly glimpse at how the project is progressing.
In addition to our LQA’s, we will hold weekly status or pull-plan meetings with all project stakeholders to provide
updates, discuss any RFI’s, provide insight into the project from our team’s perspectives and identify the need to
escalate any issues we find in the field to you.
A Monarch Landscape Company 23
Effective Project Approach, Timeline, and Safety
H. Cost Control Methodology
Our team visited each of these sites
to identify possible ways to maintain
the grounds more efficiently than the
current operation. Once we found
ways to eliminate wasted motion and
overproduction, we created these
Motion Activity Plans or, MAPs as we
like to call them.
These MAPs serve as a playbook for
our teams to follow each service visit
and have our seasonal tasks mapped
out for our crews in the form of
monthly calendars. This helps us
ensure we are always providing best
in class quality, no seasonal tasks
are missed and your grounds are always looking pristine.
Our MAPs Technology is proven to save time and money on your property by guiding our crews
through the site in the most smart and effective manner possible – ensuring that every park and facility
is getting touched every week. Additionally, MAPs allows us to do the following to help us
better serve you:
•Sharpen our pencils. We can precisely estimate
the labor needed to accomplish your landscape
goals. If budget constraints require us trim
specifications, we can do so quickly, enabling
Monarch / Terracare to still be your best choice
even in challenging economic environments
•Optimize our property routes, equipment and
decrease physical exertion on our crew
members
•Reduces wasted time and increases the
percentage of value-added maintenance time in
order to reduce cost
•Less time on site allows for an increase in
likelihood of an injury occurring.
•Communicate where we’ve been and where we’re
going on your property
•Give detailed instructions to our Operations Team
to ensure what we communicate to you is
implemented in the field
•OIS ensures that each property is maintained with
the correct equipment, trained crews and through
the most efficient property route
•Creates crew member functions broken out into
weekly, bi-weekly, seasonal & yearly
•Continual improvement of landscape maintenance
that delivers less down-time for the space
•Doing the work that matters most to our customers
to match our service with their investment
Examp
l
e
A Monarch Landscape Company 24
Effective Project Approach, Timeline, and
Safety
I.Billing Procedures
All work performed will be done so via Work Order in a Computerized Maintenance
Management System (CMMS), either provided by the City or native to TCA. Our internal CMMS
system for assigning, tracking and evaluating work flows through IFS Applications 10 ERP. Use
of a CMMS, weather the City provided system or our own, allows for accurate tracking of work
flow while providing consistent task quality. Work Orders and Work Requests are the front line
of a strong QA/QC program.
Our team lead will be focused on maintenance of the Work Order System, planning work
activities, communication with City staff and Inspection of the work completed. Our plan is to
walk the sites with your Team monthly; visit the sites weekly and provide these audits for each
site on a monthly basis. Additionally, Regional Managers will periodically perform unscheduled
inspections to evaluate work. We will track our performance month over month to ensure we
are continuing to improve on our service delivery to you. Key Performance Indicators that drive
long-term value for our clients and teams are captured and analyzed using our Enterprise ERP
System, IFS. Below are some of the various KPI’s that we are currently tracking for our clients.
A Monarch Landscape Company 25
Effective Project Approach, Timeline, and
Safety
J.Equipment List Unit #
5006 ROW Equipment List
Description Type
89026
2008 FORD F 250 EXTENDED CAB
STANDARD BED YES GASOLINE
PLOW
89133 2012 FORD F 450 EXTENDED CAB
DUMP BED YES DIESEL PLOW
89156 2009 Navistar International 7500
89259
89294
89451
2015 FORD F 250 EXTENDED CAB
STANDARD BED 4X4 W/PLOW
GASOLINE
2015 FORD F 250 EXTENDED CAB
STANDARD BED 4X4 W/PLOW
GASOLINE
2016 FORD F 250 EXTENDED CAB
STANDARD BED YES GASOLINE
PLOW
82388 2000 SUPERIOR 18UTILITY SUPERIOR
18' TRAILER
85289 2005 SUPERIOR 2PT3 SUPERIOR 18'
MAINTENANCE TRAILER
87108 2007 SUPERIOR 2PT3 SUPERIOR 18'
EQUIP TRAILR
83281 1997 SUPERIOR 14DUMP SUPERIOR
14' TRAILER EQUIPMENT
82937 6400 JOHN DEERE 6400 TRACTOR
W/LOADER
82579 1999 JOHN DEERE 4600 JOHN DEERE
4600 TRACTOR W/LOAD
82405 2000 JOHN DEERE 4600 JOHN DEERE
4600 TRACTOR MFWD
82699 2000 JOHN DEERE 6410 JOHN DEERE
6410 TRACTOR W/LOAD
82890 2001 SUPERIOR 16UTILITY SUPERIOR
16' MAINT TRAILE AD
82892 2001 SUPERIOR 14UTILITY SUPERIOR
14' DUMP TRAILER AD
84959 2004 SUPERIOR 34FLAT SUPERIOR
34' MAINT TRAILR
84960 2004 SUPERIOR 16DUMP SUPERIOR
16' DUMP TRAILER GVW
110-VEHICLES
110-VEHICLES
100-VEHICLES - LARGE
110-VEHICLES
110-VEHICLES
110-VEHICLES
200-TRAILERS
200-TRAILERS
200-TRAILERS
200-TRAILERS
300-LARGE EQUIPMENT
300-LARGE EQUIPMENT
300-LARGE EQUIPMENT
300-LARGE EQUIPMENT
200-TRAILERS
200-TRAILERS
200-TRAILERS
200-TRAILERS
A Monarch Landscape Company 26
Implementation, Installation, or Plan
Effectiveness
A.Value-added Services
Reports
The sample reports provided in this section can be tailored to report the exact data that the City of Wheat
Ridge is interested in capturing. Generally, we capture labor hours, materials, costs consumed and
equipment utilized on all of our projects. We conduct quality control checks weekly, bi-weekly and monthly,
depending on the size and scope of the project.
Training
We compensate our field personnel at the top of the industry and give them some of the most competitive
benefits packages in the industry. We train them, not only on the technical aspects of their respective jobs,
but on providing our clients with nothing short of service excellence. Our supervisors train our foremen in
our weekly training meetings as to what is expected from them when it comes to interacting with our clients
and satisfying their needs. From the first day they are hired, they are instructed on how to interact with
customers and take care of issues that may arise. Our focus is always on safe, quality workmanship.
•Ensure our teams have the skills, tools, and processes to meet our customers’ landscape quality and
customer service expectations, and
•Provide our team members with opportunities to grow their skills and build fulfilling careers with us
The program is comprehensive. We proactively train our teams when they first start and throughout the
year. Employee Engagement Managers, a dedicated position in every market we serve, are 100% focused
on maintaining our local talent pool and offering training workshops at our Branches. We have three
training areas of focus. Those areas include:
1. Onboarding and Basic Landscape Training: Before a new team member sets foot on City property, we
make sure they have the skills needed to do the job right, and the background on The City to ensure a
smooth transition. All new crew members spend a full week on training before work officially starts.
This includes introductions to the local team and leadership, training on the basics of landscaping,
shadowing a team in the field, and a walk-through of their role and responsibilities throughout The
City.
2. Ongoing Training on Operational Improvements: As an organization, we work with a mindset of
continuous improvement. Whether we’re innovating, introducing new technology, or sharing a best
practice, our mandatory ongoing trainings bring all of our crew members up to speed.
3. NEXT Level Training for Career Advancement: Retaining crew members in today’s competitive labor
market means providing opportunities other companies aren’t. Our NEXT Level program empowers
our team members to take control of their
development, career path, and compensation. We
offer a training track for crew members to complete
at their own pace. As each level of training is
complete, crew members can pursue opportunities to
27
Implementation, Installation, or Plan
Effectiveness
move to the next level in their career at Terracare. From entry-level to Crew Leader, this training program
is designed to improve crew members’ skills and performance so they can provide more value to
customers and be compensated accordingly. Before service starts, our entire project team—from the
Senior Branch Manager, to onsite managers, specialists to the crew—will be at the different sites engaged
in preparing for a productive official first day. We will spend the time required to evaluate the current status
of your landscape, develop operations plans, and train our teams, so that when we start work, we are
confident our plan will help your landscape thrive.
Our training programs work to maximize both leverage and flexibility. Cross-training our staff to be
proficient in all areas of service helps us to provide the most effective service possible. Our senior staff
communicates a sense of urgency throughout our organization on every project. That sense is critical in
maximizing the amount of work completed with the number of resources available.
Terracare Associates NEXT LEVEL
Recruiting – We developed and are currently testing alternative recruiting sources and an
interview process that identifies those in it for a job from those who want a career here. We’re opening
doors to candidates who may not have landscape experience, but have the softer skills,
physical aptitude, and interest in learning our business.
Onboarding and Training – We’ve formulated a 5-day, immersive training program that starts with
orientation and an introduction to our business and team, then provides basic skills training on quality,
safety, customer care, and equipment. This program is geared toward making new team members feel
welcome, supported, and prepared to do the work, and as a result, reduce new hire turnover.
Long-Term Training and Development – Appropriately named, NEXT Level, this new program will
empower Crew members to take control of their development, career path, and compensation. We’ll offer
a training track for Crew members to complete at their own pace. As each level of training is complete,
Crew members can pursue opportunities to move to the next level in their career at Terracare. From entry-
level to Crew Leader, this training program is designed to improve Crew members’ skills and performance
so they can provide more value to clients and be compensated accordingly. Recruiting
We developed and are
currently testing
alternative recruiting
sources and an interview
process that identifies
those in it for a job from
those who want a career
here. We’re opening
doors to candidates who
may not have landscape
experience, but have the
softer skills, physical
aptitude, and interest in
learning our business.
A Monarch Landscape Company 28
Implementation, Installation, or Plan
Effectiveness
ONBOARDING AND TRAINING ^
We’ve formulated a 5-day, immersive training
program that starts with orientation and an
introduction to our business and team, then provides
basic skills training on quality, safety, customer care,
and equipment. This program is geared toward
making new team members feel welcome,
supported, and prepared to do the work, and as a
result, reduce new hire turnover.
LONG-TERM TRAINING AND
DEVELOPMENT >
Appropriately named, NEXT Level, this new
program will empower Crew members to take
control of their development, career path, and compensation. We’ll offer a training track for
Crew members to complete at their own pace.
As each level of training is complete, Crew
members can pursue opportunities to move to
the next level in their career at Monarch. From
entry-level to Crew Leader, this training
program is designed to improve Crew
members’ skills and performance so they can
provide more value to clients and be
compensated accordingly.
A Monarch Landscape Company 29
Implementation, Installation, or Plan
Effectiveness
Retention Program and Philosophy
We believe whole-heartedly, that being the best place to work as a landscape professional is the most
important mission a company like ours can have. Our team members are our business. The quality our
customers receive is dependent on the knowledge, experience, and service our landscape professionals
provide. From our executives to crews, managers to support teams, attracting and retaining the industry’s
top talent is how we provide the best service to our customers.
We listen to our team members, whether it’s adapting our operations based on feedback we have gleaned
from our annual employee survey or adopting a new best practice a team member shared that improves
how we operate. At Terracare, everyone has a voice, and we encourage our teams to communicate often.
We also reward excellence. In any position, if our teams are producing quality work, achieving goals,
meeting client expectations, or demonstrating continuous improvement, we take notice and make sure
great work is recognized and rewarded.
We encourage and support career growth. Beginners and tenured professionals alike all have an
opportunity to grow with us. Crew members can participate in our training program to learn new skills that
directly correspond to opportunities to advance. All Terracare team members have access to our college
reimbursement program and suite of external and internal training programs.
We compensate our field personnel appropriately and give them some of the most competitive benefits
packages in the industry. We are also committed to professional development, training and employee
engagement. In a recent employee survey, 96% said, “I am proud to work for TCA every day.”
•Training – Education is an integral part of reaching safety and quality service goals. We believe it is
our responsibility to continually educate and train our employees. Every new field employee attends
training, and many jobs require Industry certifi cations to operate
•Recognition and employee engagement – We know that our team members are our best asset. We
will actively work on strategies to empower our team members. We encourage team members to
nominate colleagues for L.I.V.E. awards to those who are doing an excellent job
•Progressive Discipline - TCA utilizes a progressive discipline approach to dealing with job related
behavior that does not meet expected and communicated performance standards. This approach is
intended to assist the employee to understand that a performance problem or opportunity for
improvement exist. The steps in progressive discipline include
1. Verbal Caution
2. Written Warning
3. Suspension
4. Dismissal
A Monarch Landscape Company 30
Implementation, Installation, or Plan
Effectiveness
Public Outreach
Terracare Associates - TCA is leading and involved in many community volunteer projects throughout the
year. Annually in April, TCA hosts company-wide service days in conjunction with the National
Association of Landscape Professionals’ (formerly PLANET) Day of Service and Earth Day. Our company
community goal is focused on green education, outdoor beautification projects and a variety of events and
sponsorships that directly support local companies, municipalities and counties and that we service. Our
volunteer projects have benefited many communities across the states we operate in.
A few highlights of our community investment program include:
•Learning Gardens
•O’hara Park Middle School, California
•Adams Middle School, California
•Excelsior Middle School, California
•Freedom High school, California
•Liberty High School, California
•Montclair Elementary, Colorado
•Columbine Memorial in Colorado – Annual landscape maintenance
•Riverside Cemetery, Colorado
•Solheim Cup, Colorado
•Celebrate Centennial Under the Stars, Colorado
•Hagemann Farm, California
•Earth Day Celebration with the City of Centennial and Project Cure
•Texas Tree Foundation, Texas
Most recently, team members volunteered time, expertise and equipment to design, build and maintain
edible teaching gardens at local schools. This includes five middle school gardens in the San Francisco
Bay Area. In addition to the gardens, children and teachers are shown the value and importance of plants
as a nutritional food supply for their families and the future of our Earth.
A Monarch Landscape Company 31
Implementation, Installation, or Plan
Effectiveness
Safety
“Safety is for our family”. These are more than just words. It is practiced 24/7, 365 days a year. Our
number one responsibility is to keep customers and our team members safe and healthy. Terracare's
Municipal Team has a Total Recordable Incident Rate (TRIR) of 3.4. By comparison the national OSHA
average for the landscape industry is 4.4. Our safety practices include:
•Employee participation in safety training before working in the field.
•Participation of safe practices always encouraged through safety reward program.
•Weekly meetings for crews and managers to pro-actively mitigating unnecessary risk and job site
hazards.
•The wearing of safety vests uniform with logo, gloves, safety glasses and name badges by personnel
at all times.
•Biweekly and/or monthly safety audits.
•Implement traffic control measures at all times.
•Utilize organic rather than synthetics materials, when possible.
•Reporting and mitigating hazardous issues on an ongoing basis.
Starting the Day off Right:
Every morning, Terracare employees perform the Stretch and Flex. They are to clock in and engage in
the day’s safety training along with discussions about job sites, routing, and equipment needs. The
morning processes are accompanied by our management team to ensure that not only that our
employees are at work, but also to ensure that they are capable to work. Everything from attitude to
personal protective equipment is checked during the Stretch and Flex.
Weekly Safety Tailgate and Call:
Every week Terracare field staff are engaged in
a safety tailgate meeting with topics provided
our corporate safety officer. These are designed
to encourage behaviors and activities to ensure
every member of the Terracare family returns
home safe and sound.
Additionally, all corporate and field management
staff participate in a weekly safety call in which
these topics are discussed in greater detail from
a management stand point. In addition, any
incidents which may have occurred during the
previous week are discussed in great detail
along with action plans for preventing same or
similar incidents from occurring in the future.
Those action plans then become topics for the
weekly safety tailgate.
A Monarch Landscape Company 32
Implementation, Installation, or Plan
Effectiveness
B.Plan of Approach
Terracare is the current service provider of the services in this scope of work and has a comprehensive
understanding of the scope as well as the specific nuances of each area serviced in the scope.
The Right Experience- With some of the most experienced professionals in the field, TCA has the right
experience to meet most landscape needs. Many of our career technicians have been certified by
nationally recognized programs and have been industry leaders for many years.
The Right Equipment – Terracare Associates knows the importance of using the right tool for the right job.
With a background in maintaining some of the largest landscape projects in the United States, TCA has
the inventory of the right equipment to get the job done right.
TCA intends on subcontracting the chemical weed control portion of this contract. Due to the increased
state and federal sensitivity regarding chemical weed control, we have strategically partnered with a
company whose main focus is in this area. We feel that the city and community at large will be best served
by partnering for this expertise while bringing TCA's experience and the overall management of right of
way maintenance.
List of Applicators
Christopher Lynch - 20+ years licensed experience
Donald Wessels - 20+ years licensed experience
Clifford Wessels - 20+ years licensed experience
Ryan Wessels - 5+ years licensed experience
David Wessels - 5+ years licensed experience
Joey Perez - 2+ years licensed experience
A Monarch Landscape Company 33
Implementation, Installation, or Plan
Effectiveness
A Monarch Landscape Company 34
Pricing
ATTACHMENT A
RFP-23-ROW Maintenance
PRICE SCHEDULE
SUBMIT ON THIS PAGE, OR ATTACH YOUR DETAILED PRICE OR REVENUE SCHEDULE
NAME OF FIRM:
ADDRESS:
CHECK-LIST:
The following information and forms must be included with your submittal, in this order:
Proposer Information Sheet
Acknowledgment of Addendum (if any)
Non-discrimination Form
Contractor’s Qualification Form
Please be certain to address the following in your proposal:
Qualifications
Experience
Current Workload
Project Approach
Fee Schedule
Please review the sample agreement, but do not include a copy with your proposal submittal.
Terracare Associates
7272 South Eagle Street Centennial, CO. 80112
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measurements CITY OF WHEAT RIDGE ROW AREAS 2023 Sidewalk, Chemical Trash &
clean all sidewalks edge to edge Service all areas every cycle unless otherwise noted Approx.Approx.Approx.Mowing median curb & gutter weed debrisApprox.area sq. ft.area sq. ft area sq. ft per cleaning control removal perROW Area /Address Specific Location Work Needed size ft mow/trim sidewalk of median cycle $per cycle $per cycle $cycle $26th Ave.Kendall St. to Wadsworth Sidewalk weed remove/herbicide and cleannorth side of street Trash/debris pick up,4,051 x 5 20,255 $56.71 $194.45 $52.66Sidewalk Curb & Gutter clean
30th Ave.west of 30th to Wadsworth hill north of Trash/debris pick up vegetation mowing 220 x 20 4,400 $12.32 $11.44
medical offices
Sidewalk under I-70 Sidewalk weed remove/herbicide and clean32nd Ave. north and south sides Trash/debris pick up,246 x 6 x 2 2,952 $12.38 $42.45 $11.50sidewalk north side of 32nd west to Cabelas Drive Sidewalk Curb & Gutter clean 245 x 6 1,470
Sidewalk weed remove/herbicide and clean
Sidewalk from Union St. to Swadley St. north side Trash/debris pick up ,herbicide 818 x 6 4,908 $13.74 $47.12 $12.76
Sidewalk Curb & Gutter cleanLandscape from Union St. to Swadley St. north side Trash/debris pick up vegetation mowing varies 8,252 $23.11 $21.46
Sidewalk from Kipling St. to Miller St. north side Sidewalk weed remove/herbicide and clean 1,149 x 8 9,192 $25.74 $88.24 $23.90Trash/debris pick up
Sidewalk Curb & Gutter clean
Sidewalk Kipling St. to Independence St. north side Sidewalk weed remove/herbicide and clean 1,070 x 10 10,700 $29.96 $102.72 $27.82
Trash/debris pick up
Sidewalk Curb & Gutter clean
Native area Kipling St. to Independence St. south side Trash/debris pick up vegetation mowing 1,070 lineal 6,420 $17.98 $16.69Edge of asphalt to approximately ditchHolland St. to Garland St. north side Trash/debris pick up vegetation mowing 302 x 21 6,342 $17.76 $16.49
Dudley St. to Lutheran Parkway north side Trash/debris pick up vegetation mowing 417 x 5 2,085 $5.84 $5.42
8205 w. 32nd Ave. west side to 7671 w. 32nd Ave. east side Trash/debris pick up vegetation mowing varies 14,020 $39.26 $36.45
edge of asphalt to private fence
Dudley to Wadsworth Blvd. sidewalk south side Sidewalk weed remove/herbicide and clean 3,472 x 8 27,776 $77.77 $266.65 $72.22Trash/debris pick up
Dudley to Wadsworth BLVD. Vegetation asphalt to sidewalk Trash/debris pick up vegetation mowing 3,472 x 8 27,776 $77.77 $72.22
Wadsworth Blvd. to Vance St. south side sidewalk Sidewalk weed remove/herbicide and clean 321 x 5 1,605 $4.49 $15.41 $4.17
Trash/debris pick up
Sidewalk Curb & Gutter clean
Wadsworth Blvd. to Vance St. south side grass/ veg area Trash/debris pick up vegetation mowing 321 lineal 4,317 $12.09 $11.22
back of sidewalk to private fence variesTeller St. to Pierce St. north and south side Sidewalk weed remove/herbicide and clean 1,285 x 6 x 2 15,420 $43.18 $148.03 $40.09Trash/debris pick upSidewalk Curb & Gutter clean
Teller St. to Saulsbury St. South side Trash/debris pick up vegetation mowing 304 x 5 1,520 $4.26 $3.95from back of sidewalk to private fence
Water meter station front between 3180 w and 3165 w. 32nd Ave.Trash/debris pick up vegetation mowing 412 x 10 4,120 $115.36 $10.71
back of sidewalk to bottom of swale or to private fence
west to Kendall St. south sideChase St. to Sheridan Blvd. south side Sidewalk weed remove/herbicide and clean 838 x 6 5,028 $14.08 $48.27 $13.07Trash/debris pick upSidewalk Curb & Gutter cleanAmes St. to alley east north side Sidewalk weed remove/herbicide and clean 148 x 14 2,072 $58.02 $19.89 $5.39Trash/debris pick up
Sidewalk Curb & Gutter clean
32nd Ave. Garrison St. east to 9100 w32nd Ave. Trash/debris pick up vegetation mowing 286 x 14 7,007 $21.74 $20.18
south side 54 x 14 756
area to fence or back of utility poles
33rd Ave.Ames St. west to alley north side Trash/debris pick up vegetation mowing 117 x 15 1,755 $4.91 $4.56
Benton St. west to alley north side Trash/debris pick up vegetation mowing 134 x 15 2,010 $5.63 $5.23
34th Ave. Yarrow St. to Allison St. north side of street curb to fence mow/ trim Trash/debris pick up vegetation mowing 315 x 2 630 $1.76 $1.64
cut all vegetation on south side of chain link.
All vegetation on south side of chain link fence cut and remove
Pricing
A Monarch Landscape Company 35
35th Ave.Kendall St and 35th Ave. south side of street Trash/debris pick up vegetation mowing 175 x 10 1,750 $4.90 $4.55east along undeveloped corner property by ditch south of road edge
36th Ave. and Pierce St.Front on Pierce St. and on 36th Ave. back of asphalt Trash/debris pick up vegetation mowing 109 x 12 1,308 $3.66 $3.40to private fence
38th Ave.Harlan St. to Kipling St. sidewalk Sidewalk weed remove/herbicide and clean 13,270 x 7 92,890 $260.09 $891.74 $241.51
north and south side Trash/debris pick up
Sidewalk curb and cutter clean
38th Ave. West East of Vivian St. west to Walmart alley North Side Sidewalk weed remove/herbicide and clean 325 x 6 1,950 $5.46 $18.72
Trash/debris pick up $15.21
Sidewalk clean Ditch Area*
East of Vivian St. west to Walmart alley North Side Trash/debris pick up vegetation mowing 325 x 12 3,900 $10.92
39th Ave.Harlan St. to cul-de-sac south side edge of asphalt Trash/debris pick up vegetation mowing 376 x 12 5,640 $15.79 $14.66
to private wire fence.
40th Ave. and Robb St.
40th Ave. south side private fences to corner of 40th Trash/debris pick up vegetation mowing 487 x 8 3,848and Robb St. approximately 8 foot to south. Width varies $14.83 $13.77
Robb St. east side corner at 40th Ave. south Trash/debris pick up vegetation mowing 145 x 10 1,450
150 ft. to private yard approximately 10 foot
41St. Ave. to 39th Ave. alley 41St. Ave to 39th Ave. alley west side of alley to private fences Trash/debris pick up vegetation mowing 425 x 10 4,250 $11.90 $11.05
first alley west of Wadsworth west of commercial parking areas
trim/mow all natural area be careful not to disturb private plantings in this area
44th Ave.West edge of 14795 w. 44th Ave. to Eldridge Trash/debris pick up vegetation mowing varies 41,000 $114.80 $106.60
North side edge of asphalt north utility polesWest edge of 14795 w. 44th Ave. to Eldridge North sidewalk weed removal/herbicide and clean 1,503 x 4 6,012 $16.83 $57.72 South trash/debris pick up vegetation mowing 1,503 X 8 12,024 $33.67 $46.89Sidewalk Curb & Gutter cleanSection from I-70 to Eldridge St. south side Trash/debris pick up vegetation mowing 3,376 x 30 101,280 $283.58 $263.33edge of asphalt to 5 foot south of utility poles
Section under I-70 sidewalk north and south sides Sidewalk weed removal/herbicide and clean 418 x 10 x 2 8,360 $23.41 $80.26 $21.74
Trash/debris pick up
Sidewalk Curb & Gutter clean
Sidewalk Youngfield St. to Harlan St. north side Sidewalk weed removal/herbicide and clean 17,104 x 10 171,040 $478.91 $1,641.98 $444.70Sidewalk Curb & Gutter cleanYoungfield St. to Eaton St. South side Sidewalk weed removal/herbicide and clean 17,446 x 10 174,460 $488.49 $1,674.82 $45.60Sidewalk Curb & Gutter clean
Xenon St. to Youngfield St. south side Trash/debris pick up vegetation mowing 115 x 10 1,150 $3.22 $2.99back of sidewalk 10 foot to south to utility poles
Dover St. to Clear Creek north side Trash/debris pick up vegetation mowing 903 x 23 20,769 $58.15 $539.99
back of sidewalk to private fence
Dover St. to Clear Creek south side Trash/debris pick up vegetation mowing 658 x 23 15,134 $42.38 $39.35 back of sidewalk to private fence
48th Ave.Marshall St. to Otis St.north side back of curb to CDOT fence includes sight Trash/debris pick up vegetation mowing varies 6,423
triangle at Otis St.$31.28 $29.05
south side back of curb to private fence Trash/debris pick up vegetation mowing varies 4,750
50th Ave.
Target connector drive to Miller St. south side Trash/debris pick up vegetation mowing 2,576 $7.21 $6.70
back of curb to private fence or 6 foot into
grass area around curve to end of grass area
50th Ave. and Robb St.mow/trim 50 ft past asphalt edge into property on 50th and on Robb St. Trash/debris pick up vegetation mowing varies 36,587
Pond area every cycle April-October $1,560.00 $828.07
do not mow on north of north fence RTD property
mow/ trim entire property May, June, August, October Trash/debris pick up vegetation mowing 281,900
Pricing
A Monarch Landscape Company 36
Harlan St.44th Ave. to I-70 west side sidewalk Trash/debris pick up vegetation mowing 2,082 x 6 12,492 $34.98 $32.48
Kendall St. along ditch Along ditch north side to 35th Ave. City ROW includes Trash/debris pick up vegetation mowing 473 x 15 7,095 $19.87 $18.45`
Kendall St by ditch around from Kendall and 35th Ave. west on south side Trash/debris pick up vegetation mowing 118 x15 1,770 $4.96 $4.60corner on 35th Ave.of street back approximately 15 ft to south from edge of asphalt
Marshall St. / 48th Ave South side of 48th Ave. edge of asphalt to CDOT fence Trash/debris pick up vegetation mowing 903 x 25 22,575 $63.21 $58.70Harlan St. to 49th Ave. including hill
West side of Marshall St. sidewalk storage building commercial area Trash/debris pick up vegetation mowing 386 x 10 3,860 $10.81 $10.04sidewalk north including bridge over clear creek
Routt St.Area east of cul-de-sac back of concrete to Trash/debris pick up vegetation mowing 117 x 44 5,148 $14.41 $13.38
private fences oln north and south in trail area
Simms St and 35th Ave.Area south of intersection back of asphalt to Trash/debris pick up vegetation mowing 52 x 128 6,656 $18.64 $17.31private fences
I-70 south frontage road Dead end at Lee St. to Carr St.
edge of asphalt to private fence or landscape Trash/debris pick up vegetation mowing varies 23,851 $66.78 $62.01
Carr St. to Garrison St. north side Trash/debris pick up vegetation mowing varies 165,743 $580.00 $85.00
back of asphalt north to CDOT fence or retaining wall Garrison St. to Kipling St. north side back of asphalt north to CDOT fence or retaining wall Trash/debris pick up vegetation mowing varies 49,813 $535.00 $85.00CDOT fence
Lee St. to Swadley St. north side edge of asphalt to Trash/debris pick up vegetation mowing varies 34,998 $97.99 $90.99CDOT or private fence
Miller St. to Swadley St. south side edge of asphalt to Trash/debris pick up vegetation mowing varies 84,766 $237.34 $90.00
bottom of swale or to private fence
I -70 north frontage road Garrison St. to Independence St. south side Trash/debris pick up vegetation mowing 970 x 6 5,820 $16.30 $15.13edge of asphalt to CDOT fence behind guard railingGarrison St. west to end of sidewalk south side Sidewalk weed remove/herbicide and clean 355 x 4 1,420 $3.98 $3.98 $13.63 $3.69Trash/debris pick upSidewalk Curb & Gutter clean
Lee St to Tabor St. north side Trash/debris pick up vegetation mowing varies 25,184 $70.52 $65.48
Lee St. to Swadley St. edge of asphalt 4 foot to south
into native area Swadley St to Tabor St.
back of asphalt 10 foot
into native area. Includes sight triangle at Tabor St. and south frontage road.
I-70 and Kipling landscape Trash/debris pick up vegetation mowing
Trash/debris pick up
South west corner All irrigated turf south to Taco bell property border schedule twice a month April-October 6,709 $577.75 $38.52
planted area/tree area/rock area 698
Sidewalk weed remove/herbicide and clean 1,135 $88.53 $88.53 $21.79 schedule twice a month April-October
North west corner All irrigated turf to private chain link fence stop at gas station property Trash/debris pick up vegetation mowing 1,988 $155.06 $15.47sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 987 $76.99 $76.99Trash/debris pick up
schedule twice a month April-October
North east corner All irrigated turf to private chain link fence Trash/debris pick up vegetation mowing 1,876 $146.33 $13.92
sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 800 $62.40 $62.40
Trash/debris pick up schedule twice a month April-October
South east corner All irrigated turf to private chain link fence Trash/debris pick up vegetation mowing 5,125 $399.75 $32.14sidewalk adjacent to turf Sidewalk weed remove/herbicide and clean 1,056 $82.37 $82.37Trash/debris pick up
schedule twice a month April-October
Kipling St.sidewalk and small area behind walk west to private fences Sidewalk weed remove/herbicide and clean 955 x 6 5,730 $16.04 $55.01 $18.26
South to 29th Ave. Mowing trimming, cut weeds. Sidewalk Curb & Gutter clean varies 1,292 $3.62
Pricing
A Monarch Landscape Company 37
west side of Kipling area backs up to private landscapes caution in spraying
Ridge Road Miller St. to Nelson St. north side Trash/debris pick up vegetation mowing 625 x 10 6,250 $17.50 $16.25
edge of asphalt to subdivision landscape east of
Nelson St. 10 foot to north
Miller St. to Robb St. south side Trash/debris pick up vegetation mowing varies 50,310 $140.87 $130.81
edge of asphalt to utility poles
Ridge road south side Tabor to east property line of 5040 Tabor Trash/debris pick up and 465 x 21 9,765 $27.34 $25.39
edge of asphalt to RTD fence string trim all weeds in rock asphalt to RTD fence
44th Ave. Median Tabor St to.past Van Gordon St. Trash/debris pick up vegetation mowing varies 29 $8.11 $7.53
median weed remove/herbicide and clean
Ward Road median On Ward Road 44th Ave. north to I-70 west bound Trash/debris pick up, herbicide varies 8,120 $22.74 $77.95
off ramp
Kipling median on Kipling I-70 north to 50th Ave.Trash/debris pick up, herbicide varies 1,647 $4.61 $15.81 $4.28
50th Ave median Median Kipling west to Miller St landscape medians Trash/debris pick up varies 21,223 $59.42 $203.74 $55.18
Jellison St. cul-de sac Drainage area located on Kipling St. from ditch on north to Trash/debris pick, up vegetation mowing 18,797 $52.63 $48.87
drainage on Kipling private fence from Kipling St. On west to private fence on east
Youngfield east side of street 44th Ave. to and including 4150 Youngfield Trash/debris pick, up vegetation mowing varies 15,625 $43.75 $40.63
road shoulder to utility poles
In front of 4150 Youngfield Trailhead and across Clear Creek bridge east side Sidewalk weed remove/herbicide and clean varies 2,610 $7.31 $25.06 $6.79
includes sidewalk /walking areasidewalk from 44th Ave. east side of street to 42nd Ave.Sidewalk weed remove/herbicide and clean 14,080 $39.42 $135.17 $36.6132nd Ave. to I-70 east bound off ramp west side Trash/debris pick, up vegetation mowing varies 1,450 $4.06 $3.77
back of curb to CDOT fence
38th Ave. south to I-70 on WB ramp curb to CDOT fence Trash/debris pick, up vegetation mowing 1 x 635 635 $30.76 $28.56
Youngfield and I-70 East bound off ramp north and south to 32nd Ave. areas Trash/debris pick, up vegetation mowing 10,349
Per cycle square foot totals
Per cycle cost totals $5,919.48 $2,091.99 $6,175.13 $4,377.43
Yearly contract total $ $162,295.31
Based on the expected quantities
Pricing
A Monarch Landscape Company 38
provided in this RFP on pg. 3
ITEM NO: 1e
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 15-2023 – A RESOLUTION AMENDING
THE 2023 FISCAL YEAR PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,000 FOR THE PURPOSE OF AWARDING A CONTRACT IN THE AMOUNT OF $475,000 AND APPROVING SUBSEQUENT PAYMENTS TO COR4 STUDIOS FOR WADSWORTH PUBLIC ART
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
__________________________________ _____________________________ Director of Parks and Recreation City Manager
ISSUE: Utilizing the process defined in the Public Art Management Plan, Council approved the selection of Cor4 Studios (formerly JCAS Studios) for the public art associated with the Improve Wadsworth Project in November 2022. This resolution will award a contract to Cor4 Studios and
appropriate an additional $8,000 from the Public Art Fund required to fund the $475,000
contract. PRIOR ACTION: The Cultural Commission recommended purchase of the art pieces on November 9, 2022. City
Council approved the selection of Cor4 Studios on November 14, 2022.
FINANCIAL IMPACT: The cost for this acquisition is $475,000. The funds for this purchase are appropriated in the 2023 Public Art Fund in the amount off $467,000. A budget supplemental in the amount of
Council Action Form – Wadsworth Public Art Contract Award April 10, 2023
Page 2
$8,000 is required to fund the entire art selection. This was communicated with Council at the time that the artist was selected in November of 2022.
BACKGROUND: City staff drafted this contract in collaboration with attorney Jerry Dahl, Cor4 Studios, and the City’s public art consultant, ThereSquared. Mayor Starker reviewed the contract and provided comments that resulted in additional edits.
RECOMMENDATIONS: City staff recommends the approval of the resolution and associated contract with Cor4 Studios. RECOMMENDED MOTION:
“I move to approve resolution No. 15-2023, a resolution amending the 2023 Fiscal Year
Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $8,000 for the purpose of awarding a contract in the amount of $475,000 and approving subsequent payments to Cor4 Studios for Wadsworth public art.”
Or,
“I move to table indefinitely Resolution No. 15-2023, a resolution amending the 2023 Fiscal Year Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $8,000 for the purpose of awarding a contract in the
amount of $475,000 and approving subsequent payments to Cor4 Studios for Wadsworth
public art for the following reasons __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 15-2023 2. Cor4 Studios Draft Contract
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 15 Series of 2023 TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,000 FOR THE PURPOSE OF AWARDING A CONTRACT IN THE AMOUNT OF $475,000 AND APPROVING SUBSEQUENT PAYMENTS TO COR4 STUDIOS FOR WADSWORTH PUBLIC ART
WHEREAS, Cor4 Studios (formerly JCAS Studios) was recommended by the
Wheat Ridge Cultural Commission and formally selected by City Council in November 2022 for the public art associated with the Improve Wadsworth Project; and
WHEREAS, the accepted proposal amount exceeds the amount budgeted for this project in the 2023 Public Art Fund; 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 City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Budget Amended A transfer of $8,000 is hereby approved from fund balance of the Public Art Fund to account 12-601-800-812.
Section 2. Contract Approved
A contract with Cor4 Studios is approved to create and install the public art associated with the Improve Wadsworth Project. DONE AND RESOLVED this 10th day of April 2023.
________________________________ Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
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CITY OF WHEAT RIDGE ART INSTALLATION SERVICES AGREEMENT
THIS AGREEMENT made this _____ day of ___________ 2023, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Cor4 Studios , located at 1413 Cape Cod Cir, Fort Collins, CO 80525, hereinafter referred to as the “Artist”.
WITNESSETH, that the City of Wheat Ridge and the Artist agree as follows:
ARTICLE 1 – SERVICES
The Artist shall serve as the City’s contractor and provide as a minimum all of the services and products required for an ART INSTALLATION, as per the attached scope of work. The Artist will design, fabricate, install and document the following WORK:
Title: Cosecha created by Cor4 Studios consisting of Ana Maria Botero, Jodie Roth Cooper, Collin
Parson, and Stephen Shachtman, collectively herein the “Artist,” or as the context requires, the “Artists.”
Dimensions and medium: Precise dimensions will be approved upon Final Design and Engineering
submission. Medium is CorTen steel and other metals TBD.
The permanent location for the work shall be: sculptural installations in various locations on
Wadsworth Blvd., approved by the Owner prior to installation
The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Work.
Anticipated requirements for site preparation to be determined in Artist Installation Plan:
a.Electrical stub-outs by Owner per engineered lighting requirements
b.Owner assistance with permitting and lane closures and traffic control for installation
c.Owner assistance with coordination with other trades, contractors, etc.
d.Install concrete footers per engineer specifications to be installed by owner. This includes all footersfor the center median pieces and the north end sculpture in the hair-pin turn, including earth work.
1.1 Execution of the Work
a.The Artist shall complete the fabrication and installation of the Work in substantialconformity with the design as recommended by the art selection committee and approvedby the City.
b.Prior to the implementation of any changes in the Work, the Artist shall present to the Cityin writing for further review and approval a thorough description of such proposed changes.A significant change is any change affecting the scope, intent, design, color, size, material,or location of the work not permitted by, or not in substantial conformity with, the approveddesign. Significant changes shall also include those affecting the installation, scheduling,site preparation, or maintenance of the Work or the concept of the Work as represented inthe approved design. Following receipt of the required description of the proposedchange(s), the Parks and Recreation Director shall determine which changes shall beconsidered “significant,” and retains the right to approve or disapprove changes suggestedby the Artist. The Artist may implement change only with prior written agreement from theCity.
ATTACHMENT 2
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c. The City shall have the right to review the progress of the Work at reasonable times, and with advance notice, during the fabrication thereof.
d. The Artist shall complete the Work and installation thereof by December 31, 2024
(the “Installation Date”), in accordance to Section 1.2 Delivery and Installation below.
e. The Artist shall provide to the City a written plan of installation of the Work on site. This written plan shall be provided thirty (30) working days prior to the date of initial installation referenced in section 1.2(d). The written plan shall include the following information: Specifications for installation; and specifications for site preparation, including materials needed to site preparation or any physical alteration of the site as contemplated by the Artist.
f. In the event that the Work and the installation are not completed by the 31st day following the Installation Date and unless delayed by force majeure under Article 14, the Artist shall incur a penalty of fifteen percent (15%) of the balance still remaining due the Artist upon installation under this contract. For each 31-day period that passes thereafter, without completion and installation of the Work, the Artist shall incur an additional penalty of fifty percent (50%) of the remaining balance due.
g. The Artist may request an extension of time from the City up to thirty (30) days before the originally agreed-upon Installation Date. If an extension is granted, a new Installation Date shall be agreed upon in writing and the above penalty shall apply if the new completion and Installation Dates are not met.
h. The City recognizes that the COVID-19 pandemic may result in shutdowns or supply chain issues that may impact the Artist’s timeline. Such events are events of force majeure under Article 14. The Artist shall keep the City apprised of these impacts as they occur, so the schedule can be adjusted, as needed.
1.2 Delivery and Installation
a. The Artist shall notify the City in writing when the fabrication of the Work is completed, and the Artist is ready to deliver the Work and install it at the Site.
b. The Artist shall deliver and install the completed Work at the Site.
c. The Artist shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the Work, unless through prior arrangement the City agrees to assume responsibility for one or more of the costs required for site preparation.
1.3 Post-Installation
a. Within forty-five (45) days after installation of the Work, the Artist shall furnish the City with the following photographs of the Work as installed:
(i) Six (6) to twelve (12) photos submitted in a digital format.
b. The Artist shall also furnish the City with a full written narrative description of the Work.
c. The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work.
d. The Artist shall provide and install an identification plaque for the Work. The written contents of the plaque shall include the following information:
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e. The plaque shall be of such medium and design as to be appropriate to the Work itself and
the permanent location of the Work.
f. The plaque or an additional plaque should also contain the narrative presented to the Art
Selection Committee entitled “Cosecha”.
1.4 Final Acceptance
a. The Artist shall advise the City in writing when all services required including those described in Section 1.3 (Post Installation) have been completed.
b. The City, or an authorized representative, shall notify the Artist in writing of its final acceptance of the Work.
c. Final acceptance shall be determined solely by the City and shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Agreement.
d. Title of ownership of the Work shall pass to the City upon final acceptance.
1.5 Ownership of Documents and Models
Upon final acceptance, all studies, drawings, designs, maquettes and models prepared and submitted under this Agreement shall be returned to the Artist and shall belong to the Artist except as may be determined under Article 13 a., (Termination) below.
ARTICLE 2 – TERM
The work to be performed under this Agreement shall commence upon execution by both Parties and shall commence upon execution and terminate upon Final Acceptance, as described in Article 3.
ARTICLE 3 - PAYMENT AND FEE SCHEDULE
The City shall pay the Artist a fixed fee of $475,000. which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final nonrefundable payment for all services and materials provided prior to the due date thereof.
a. Ten (10) percent ($ 47,500.) upon execution of Agreement.
b. Forty (40) percent ($ 190,000.) upon Final Design/Engineering Approval.
c. Thirty (30) percent ($ 142,500.) upon Mid-Point Fabrication.
(Title of Work) (Year)
(Artist’s Name) (Artist’s City and State of residence) _______________________________________
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d. Five (5) percent ($ 23,750.) upon completion of Sculptures.
e. Five (5) percent ($ 23,750.) upon completion of Installation/Site Prep.
f. Ten (10) percent ($ 47,500.) upon Final Acceptance.
In order to receive all except the initial payment which will be made automatically after all parties have signed this contract, the Artist shall submit a written billing or invoice to the City when each of the last four stages outlined above has been reached. The invoice shall be signed by the Artist, contain photographs
documenting that the required portion of the Work has been completed and include a signed payment request form. The City shall have sole responsibility for determining when the Work has reached a given stage of completion. The parties agree that no interest or other costs shall accrue on the fixed fee at any time during the operation of this contact.
ARTICLE 4 – INDEPENDENT CONTRACTOR
A. In performing the work under this Agreement, the Artist acts as an independent contractor and is
solely responsible for necessary and adequate worker’s compensation insurance, person injury and property damage insurance. The Artist, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Artist are not and shall not become employees, agents or servants of the City because of the performance of any work by this Agreement.
B. The Artist warrants that he has not employed or retained any company or person, other than a
bonafide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Artist, 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 5 – INSURANCE
A. Minimum Insurance Coverages. The Artist shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverages as follows:
Type of Insurance Minimum Limits of Liability
Standard Workers' Compensation & Statutory in conformance Employers' Liability Including Occupations with the compensation laws of the State of Disease Coverage for any of Artist’s Colorado employees
Comprehensive General Liability $250,000 each person; Insurance $1,000,000 each occurrence
Comprehensive Automobile $250,000 each person
Errors and Omissions (to be provided by Artists’ subcontractor): $1,000,000 each occurrence
B. The Artist shall effect the insurance policies in a company or companies and in a form satisfactory
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to the City. Before commencing any performance under this Agreement, Artist shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance and certifying that the policies stipulated above are in full force and effect.
C. All policies and/or Certificates of Insurance shall include each individual entity as an additional insured.
D. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the City may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S.,
as amended.
ARTICLE 6 – INDEMNIFICATION
The Artist agrees to indemnify and to hold the City and its agents 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 as a result of the negligent performance or failure of the Artist to provide services pursuant to the
terms of this Agreement.
ARTICLE 7 – WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants that:
a. the Work, as fabricated and installed, will be free of defects in material and workmanship,
including any defects of “inherent vice” or qualities which cause or accelerate deterioration of the Work; and
b. reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City according to Section 1.3 (Post-Installation).
The warranties described in this Article 7 shall survive for a period of three (3) years after the final
acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty, which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work).
ARTICLE 8 – REPRODUCTION RIGHTS
8.1 General
The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. sec. 101 et seg., and all other rights in and to the Work except ownership and possession, except as such rights are limited by this Section 8.1. In view of the intention that the work in its final destination shall be unique, the Artist shall not make any additional exact duplicate reproductions of the final Work, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an
irrevocable license to make photographic or graphic reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity and catalogs or other similar publications, provided that these rights are exercised in a tasteful and professional manner, and the Artist is duly credited as per section 8.2 (Notice) below.
8.2 Notice
All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the
following form: “Copyright, (Artist’s name), date of publication.”
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8.3 Credit to City
The Artist shall use his/her best efforts to give a credit reading substantially as “an original work owned and commissioned by the City of Wheat Ridge” in a public showing under the Artist’s control of reproductions of the Work.
ARTICLE 9. ARTIST’S RIGHTS WITH RESPECT TO THE COMPLETED WORK
9.1 Maintenance
The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, it has contractually agreed to assure regular maintenance according to the instructions supplied by the Artist under Section 1.3(c) (Post-Installation) and shall reasonably protect and maintain the Work against the ravages of time, vandalism and the elements.
9.2 Repairs and Restoration
a. The City shall consult with the Artist as to all reasonably necessary repairs and restoration,
which the City shall then make. The costs associated with said repairs and restoration (other than for warranty repairs) shall be borne by the City. The City shall consult with the Artist as to recommendations with regard to all repairs and restoration made during the Artist’s lifetime. Following the demise of the Artist, the City will first determine if the Artist assigned a director of conservation through the process of a legal will, and secondly, (failing such provision), secure a bona-fide expert in conservation relative to the scale and
media of the artwork in question. To the extent practicable and in accordance with recognized principles of professional conservation, the Artist, or his/her representative shall be given the opportunity to accomplish such repairs and restoration and shall be paid a reasonable fee for any such services.
b. At any point after delivery and installation of the Work, the Artist may inspect the Work and shall notify the City in writing as to the necessity of any repairs. After consultation with the
Artist, the City shall make the final determination of whether, and to what extent repairs are needed.
9.3 Alteration of Work
a. The City agrees that it will not consent to intentional alteration, modification, change, destruction of or damage to the Work by the City without consulting the Artist. Artist will receive $50.00 per hour for time spent in such consultation, after receipt by the City of an
itemized statement of time entry.. This stipulation includes outright removal or change in location resulting from public or private opinion regarding the Work. The City has bound itself to seek consultation from the Artist. “Alteration” of the Work includes, but is not limited to, a change in the interrelationship or relative locations of parts of the Work.
b. In the event of any alteration or damage, whether intentional, accidental the control of the Artist shall have, in addition to any remedies he/she may have had in law or equity under
this contract, the right to disclaim authorship of the Work, and upon written request of the Artist to the City, the City shall remove the identification plaque at its own expense. The Artist may take such other action as he/she may choose in order to disavow the Work.
9.4 Alteration of the Site
a. As per the stipulations in Section 9.2(a) (Alteration of the Work), the City shall notify the Artist of any proposed significant alteration of the site by the City that would affect the intended character and appearance of the Work. The City shall consult with the Artist in the planning and execution of any such alteration.
b. The City and Artist agree to mediate any disagreement between the Artist and the City
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concerning future site development plans, with a professional mediator acceptable to both parties. The City agrees to use its best efforts to accommodate the interest of both the Artist and the City. If said disagreement cannot be resolved to the satisfaction of the Artist in mediation or otherwise, he/she may remove the identification plaque referred to in Section 1.3 (Post-Installation) and upon his/her written request the City may no longer represent the Work as that of the Artist. In the event such disagreement arises, and the
written request as provided for above is submitted and honored, the Artist shall not be entitled to any Resale Royalty as may otherwise be due according to Section 9.6 (Resale
Royalty) below.
9.5 Permanent Record
The City shall maintain on permanent file a record of this agreement and of the location and disposition of the Work.
9.6 Artist’s Address
The Artist shall notify the City of changes in his/her address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of Article 9 that require the express approval of the Artist. The City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist’s rights.
9.7 Resale Royalty
As is traditional in the arts industry, the City agrees that if in the future, the Work is sold during the lifetime of the Artist, the City shall within thirty (30) days of that sale pay the Artist a sum equal to fifteen percent (15%) of the appreciated value of the Work. For the purposes of this agreement, appreciated value shall mean the actual sale price received by the City for the Work, less the original cost to the City for Artist to create the Work, which the Parties agree is $475,000 as stated in this Agreement. Nothing in this Agreement shall be construed to impose any obligation on the City as to the method of sale or disposal.
Upon sale of the sculpture by the City, the City shall incur no further obligations hereunder and Artist shall have no further rights .For the purposes of this paragraph “lifetime of the Artist” shall mean and refer to the lifetimes of all of the Artists, and the expiration of the lifetime of the Artist shall mean the expiration of the life of the last to die of all of the Artists.
9.8 Surviving Covenants
The covenants and obligations set forth in this Article 9 shall be binding upon the parties, their heirs,
legatees, executors, administrators, assigns, transferee and all their successors in interest, except as provided in Section 9.6, and the City’s covenants do attach and run with the Work and shall be binding to and until twenty years after the death of the Artist. The City shall give any subsequent owner of the Work notice in writing of the covenants herein and shall cause each such owner to be bound thereby. For the purposes of the paragraph, “death of the Artist” shall mean and refer to the date of death of the last to die of all of the Artists.
9.9 Additional Rights and Remedies
Nothing contained in this Article 9 shall be construed as a limitation on such other rights and remedies available to the Artist under the law which may now or in the future be applicable.
ARTICLE 10 – EQUAL EMPLOYMENT OPPORTUNITY
A. The Artist shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Artist shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
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compensation, and selection for training, including apprenticeship, The Artist 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.
B. The Artist 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 shall not apply to contracts or subcontracts for standard commercial
supplies or raw materials.
ARTICLE 11 – CHARTER, LAWS AND ORDINANCES
A. The Artist 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 12 – LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that exclusive venue and jurisdiction for disputes regarding performance of this contract
is with the District Court of Jefferson County, Colorado.
ARTICLE 13 – TERMINATION
The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination, provided that attempts to reconcile the reason for
termination have been undertaken but failed. The notice shall specify whether the termination is for convenience or cause.
a. If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting part of its intent to terminate specifying the grounds
for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then, this Agreement shall terminate. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, all finished and
unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City’s
option become its property, provided that no right to fabricate or execute the Work shall pass to the City, and the City shall compensate the Artist pursuant to Article 2 (Compensation and Payment Schedule) for all services performed by the Artist prior to termination. Notwithstanding the previous sentence, the Artist shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may reasonably withhold payments to the Artist until
such time as the exact amount of such damages due the City from the Artist is determined.
b. If such termination is for the convenience of the City, the Artist shall have the right to an equitable adjustment in the fee (without allowance for anticipated profit or unperformed services), in which event the City shall have the right at its discretion to possession and
transfer of title to the sketches, designs and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of
termination, provided that no right to fabricate or execute the Work shall pass to the City.
c. If such termination is for the convenience of the Artist, the Artist shall remit to the City a
sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to termination.
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d. All work accomplished by the Artist prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the
City prior to payment for services rendered.
ARTICLE 14 - FORCE MAJEURE
Neither party will be liable or responsible for any delay or failure in performance if such delay or failure is caused in whole or in part Force Majeure. Force Majeure means delays resulting from causes beyond the
reasonable control of the either party, including without limitation, acts of God, any delay caused by any action or inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental or quasi-governmental agency or entity having regulatory jurisdiction over any portion of the Work, or by delays caused by any action, inaction, condition or other decision by any utility company, or by fire, casualty, flood, adverse weather conditions such as, by way of illustration and no limitation, wind, snow storms which prevent outdoor work from being accomplished, severe rain storms or below freezing
temperatures of abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes, lockouts or other labor or industrial disturbance civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, inability to secure materials or labor due to regional or national shortages (including labor and
materials shortages caused by national weather or other national events), or other natural or civil disaster delays caused by any dispute resolution process, or any delays by injunctions or lawsuits concerning the
Work.
ARTICLE 15 – NOTICES
Notice or communication given pursuant to this Agreement shall be made in writing to:
For the Wheat Ridge Parks & Rec: Karen A. O’Donnell 4005 Kipling Street Wheat Ridge, CO 80033
Phone: (303) 231-1308
Copy to City of Wheat Ridge Bud Starker 7500 West 29th Avenue Wheat Ridge, CO 80033 (303) 234-5900
For the Artist: Cor4 Studios
1413 Cape Cod Cir Fort Collins, CO 80525 Phone: (585) 313-1437
ARTICLE 16 – ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Artist arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be
subject to the requirements of this Agreement, and the Artist is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Artist shall be responsible for the performance of any sub-contractor.
ARTICLE 17 – 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, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
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ARTICLE 18 – INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Artist.
ARTICLE 19 – 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, or caused to be executed by their duly authorized officials, this Agreement in two (2) originals, each of which shall be deemed an original on the date first written above.
OWNER: CITY OF WHEAT RIDGE
______________________________
Bud Starker, Mayor
Date:____________________________
ATTEST:
_____________________________________
Steve Kirkpatrick, City Clerk
SEAL
APPROVED AS TO FORM:
__________________________________
Gerald Dahl, City Attorney
ARTIST: Cor4 Studios
________________________________
Stephen Shachtman, Primary
Date:____________________________
ITEM NO: 1f
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 16-2023 – A RESOLUTION
AUTHORIZING COMMUNITY FINANCIAL SUPPORT AS A MATCH FOR A TRANSPORTATION ALTERNATIVES PROGRAM GRANT APPLICATION FOR IMPROVEMENTS TO THE CLEAR CREEK TRAIL PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO ____________________________
Parks and Recreation Director City Manager ISSUE: The Transportation Alternatives Program (TAP) provides funding through CDOT for local transportation alternatives to driving at 80% of the project cost. The Parks and Recreation
Department proposes to apply to this program for concrete replacement throughout segments of the Clear Creek Trail to improve the Trail to the 10-foot wide standard, add crusher fines shoulders where feasible, and add a Creekside Park/Marshall St. connection.
PRIOR ACTION: None
FINANCIAL IMPACT: The TAP minimum for construction projects is $500,000. The current proposal is estimated to cost approximately $764,600. If TAP funding is awarded at the requested 80% of the project cost, the City would be responsible for the remaining estimated $153,000 (20%). The department would likely seek additional grant funding, such as the Jeffco Open Space Trails Partnership
Program, to assist or cover the City’s 20% portion of the project cost.
If supplemental grant funding is not secured, we would likely budget this expense in the Open Space Budget (Fund 32).
Council Action Form – Transportation Alternatives Program Grant Application, 2023 April 10, 2023
Page 2
BACKGROUND: Jefferson County recommends a minimum 10-foot wide concrete trail as the standard for
regional multi-use trails. The Peaks to Plains Trail collaborative, which the Clear Creek Trail is a
part of, has the same trail width as its standard for the trail corridor and also recommends including at least 2 feet of crusher fines shoulders on both sides of the trail to provide a softer service for runners and reduce bike/ped conflicts.
Currently, the Clear Creek Trail east of Wadsworth in Wheat Ridge is 8-foot wide. This project
would make the Clear Creek Trail section from the Wadsworth Trail connection to Creekside
Park the trail-standard 10-foot wide concrete (with crusher fines shoulders where feasible). There are also two 300 foot to 350 foot asphalt sections (which is damaged more easily than concrete), a problematic bridge abutment impacting the trail under an overpass, and a proposed trail connection that would all be addressed by this proposed project. See Attachment B for images
and maps of the proposed improvement areas.
As the TAP is only available every three years and covers 80% of project costs, it is logical to apply for a larger transportation alternative project while the TAP is available. The City can determine in which budget year(s) to budget for the 20% city match and complete the project from 2024-2026.
RECOMMENDATIONS:
Parks and Recreation Department staff recommend passing this resolution of support to make the City eligible to apply to CDOT for funding for 80% of this project cost to bring significantly more of the Clear Creek Trail up to the regional trail standards.
Should this resolution not be passed, there is not a near future funding opportunity to potentially
make these trail improvements. It is likely (but not guaranteed) that this grant program will be available again in 2026. RECOMMENDED MOTION:
“I move to approve Resolution No. 16-2023, a resolution authorizing community financial
support as a match for a Transportation Alternatives Program grant application for improvements to the Clear Creek Trail.” Or,
“I move to postpone indefinitely Resolution No. 16-2023, a resolution authorizing community financial support as a match for a Transportation Alternatives Program grant application for improvements to the Clear Creek Trail for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager
Council Action Form – Transportation Alternatives Program Grant Application, 2023 April 10, 2023
Page 3
ATTACHMENTS: 1. Resolution 16-2023
2. Attachment B: Maps, Plans, and Photographs
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2023
TITLE: A RESOLUTION AUTHORIZING COMMUNITY FINANCIAL SUPPORT AS A MATCH FOR A TRANSPORTATION ALTERNATIVES PROGRAM GRANT APPLICATION FOR IMPROVEMENTS TO THE CLEAR CREEK TRAIL
WHEREAS, the City of Wheat Ridge wishes to support an application to the 2023 Transportation Alternatives Program through the Colorado Department of Transportation; and
WHEREAS, the City of Wheat Ridge has received information through resident
engagement and resident committees that improvements and connections to the Clear
Creek Trail system and Wheat Ridge Greenbelt are desired; and
WHEREAS, the City of Wheat Ridge wishes to authorize community financial support in the amount of 20% of the final project cost; and
WHEREAS, the Transportation Alternatives Program requires the support of City
Council in order for the City to submit an application.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The City supports this grant application and will provide the necessary 20% financial match if awarded the grant.
DONE AND RESOLVED this 10th day of April 2023
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
1.Asphalt Upgrade and Widening Near I-70 Overpass:
8’ asphalt removal and replacement with 10’ wide concrete (6” depth) and 2’ crusher fines on
each side plus reseeding
L-R: West transition point, (hard to see with dirt from bridge construction), middle, and east transition
point of 8’ asphalt section (from 8’ concrete trail)
ATTACHMENT 2
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
2. Asphalt Upgrade and Widening Near Prospect Park:
8’ asphalt removal and replacement with 10’ wide concrete (6” depth) and 2’ crusher fines on
each side plus reseeding
(add pictures)
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
3. Marshall St. to Peaks to Plains Trail and Creekside Park Connection
L-R: View of proposed connection from Marshall, view from P2P trail, example similar connection nearby
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
4. Replacement and Widening to 10’ from former asphalt section to 10’ Marshall St. trail connection
L-R: View looking east of transition to 8’-wide concrete, mid-section of 8’-wide concrete and underpass,
view of 10’-wide Marshall St. trail connection
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
5. Otis St. TH Connection to former Asphalt section, underneath two I-70 overpasses
852 square yards
L-R: View east from upgraded Otis St. connection and P2P, potential added short trail connection,
underpass with bridge abutment encroaching on 8’-wide trail, making it ~6.5’ and impacting use and
maintenance
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
6. Otis St. Connection (replaced and improved in 2022) to Wadsworth Trail Connection (scheduled to
open in 2023 or 2024 with street project)
L-R: In-progress Wadsworth Trail connection to P2P, west-view of Wads/P2P connection and new 10’-
wide concrete, east view of 8’-wide concrete and blind curve east of Wads
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
7. Marshall St. west connection to proposed Marshall St. east connection and Creekside Park
L-R: Looking east approaching Marshall St. west connection, Marshall St. underpass, east
towards/through Creekside Park
Attachment B: Maps, Plans, and Photographs
City of Wheat Ridge Peaks to Plains Trail Proposal
Example Plans from similar 2022 project that we would look to replicate throughout the proposed
reconstructed sections. This plan was completed along the P2P between Prospect Park and the bridge
between Tabor Lake and West Lake:
(get plans from project coordinator and contractor)
ITEM NO: 1g
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 17-2023 – A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE: Three traffic signals at the I-70/32nd Avenue interchange are owned by the Colorado Department
of Transportation (CDOT). CDOT and the city have previously entered into 5-year agreements for the city to operate and maintain these signals. The current agreement expires on June 30, 2023. The city will be compensated annually by CDOT for the maintenance activities. PRIOR ACTION:
The City Council approved the previous 5-year contract on October 8, 2018. Previous contracts were also approved in 2013 and 2008. FINANCIAL IMPACT: The City will receive $10,080 per year to maintain three traffic signals for a total contract amount
of $50,400. This is the same amount as the previous agreement. Staff feels this amount adequately covers the resource expenditure by the city in terms of staff time and materials. BACKGROUND: The three traffic signals are located at:
• West-bound I-70 on/off ramps at Clear Creek Drive
• East-bound I-70 off ramp at Youngfield Street
Council Action Form – CDOT Traffic Signal Maintenance Agreement April 10, 2023
Page 2
• East-bound I-70 on ramp at Youngfield Street
The primary benefit to the city from this agreement is that the city can manage and modify the signal timing to achieve coordination with other city-owned signals. This also allows the city to ensure local traffic is afforded appropriate green time and not prioritize only I-70 traffic. For CDOT, the benefit is that they can focus their staff resources on signal operations and maintenance
along major corridors and at higher volume locations.
The City Attorney has reviewed and approved the proposed contract with CDOT. RECOMMENDATIONS:
Staff recommends approving this contract.
RECOMMENDED MOTION: “I move to approve Resolution No. 17-2023, a resolution approving a contract with the Colorado Department of Transportation for maintenance of traffic signals.”
Or, “I move to postpone indefinitely Resolution No. 17-2023, a resolution approving a contract with the Colorado Department of Transportation for maintenance of traffic signals, for the following
reason(s) ____________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 17-2023 2. City of Wheat Ridge/CDOT Contract
CITY OF WHEAT RIDGE, COLORADO Resolution No. 17 Series 2023
TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS
WHEREAS, The City Council wishes to cooperate with the Colorado Department
of Transportation concerning maintenance of traffic signals in the City; and WHEREAS, the city will operate and maintain the subject traffic signals in order to provide improved signal timing coordination with city signals; and
WHEREAS, the city has negotiated a contract with the Colorado Department of Transportation for the city to maintain three traffic signals at the I-70 and 32nd Avenue on- and off-ramps.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE
OF THREE TRAFFIC SIGNALS AT THE I-70 and 32ND AVENUE ON- AND OFF-RAMPS IS HEREBY APPROVED AND THE MAYOR AND CITY CLERK ARE AUTHORIZED AND DIRECTED TO EXECUTE THE SAME.
DONE AND RESOLVED by the City Council this 10th day of April 2023.
By:
_____________________________ Bud Starker, Mayor ATTEST:
_________________________ Steve Kirkpatrick, City Clerk
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(State $Traffic Mtce) Rev 10/03 CITY OF WHEAT RIDGE Region: 1 (CM)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF WHEAT RIDGE (hereinafter called the “Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”).
RECITALS:
1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Totalcontract Amount: $50,400.00.2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies.3.Section 43-2-102 and 103, C.R.S., require the State to maintain State highways (including where suchhighways extend through a city or an incorporated town), and Section 43-2-135(1)(i), C.R.S., as amended,requires the State to install, operate, maintain and control, at State expense, all traffic control devices on theState highway system within cities and incorporated towns.4.The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highwaymaintenance services on State highways that are the responsibility of the State under applicable law, and for theState to pay the Local Agency a reasonable negotiated fixed rate for such services.5.The parties also intend that the Local Agency shall remain responsible to perform any services and duties onState highways that are the responsibility of the Local Agency under applicable law, at its own cost.6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103,43-2-104, and 43-2-144, C.R.S., as amended, and if applicable, in an ordinance or resolution duly passed andadopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance oftraffic control devices on the State highway system as hereinafter set forth.7.The Local Agency has adequate facilities to perform the desired maintenance services on State highways withinits jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1.Special Provisions contained in section 22 of this contract2.This contract3.Exhibit A (Scope of Work)4.Exhibit C (Option Letter)5.Exhibit D (Encumbrance Letter)
6.Exhibit E (PII Certification)
7.Exhibit B (Local Agency Resolution)
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2023, whichever is later. The term of this contract terminates on June 30th, 2028. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor.
Section 4. Project Funding and Payment Provisions
A.The Local Agency has estimated the total cost of the work and is prepared to accept the State funding for thework, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorizedrepresentatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and
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to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B. B.Subject to the terms of this contract, for the satisfactory performance of the maintenance services on the
Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable inmonthly installments, upon receipt of the Local Agency's Statements, as provided herein.
C.The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devicesunder this agreement at the rates described in Exhibit A.
D.The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amountof $10,800.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-yeartotal of $50,400.00. The negotiated rate per location shall remain fixed for the full five-year term of the contract,unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to
the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract isamended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days.E.The Statements submitted by the Local Agency for which payment is requested shall contain an adequatedescription of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that
performance, and on which specific sections of the highways such services were performed, in accord withstandard Local Agency billing standards.
F.If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by theLocal Agency does not adequately document the payment requested, after notice thereof from the State, the Statemay deduct and retain a proportionate amount from the monthly payment, based on the above rate, for thatsegment or portion.
Section 5: State & Local Agency Commitments:
A.The Local Agency shall perform the maintenance services for the certain State highway system locations
described herein. Such services and locations are detailed in Exhibit A.B.The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations,all as listed on Exhibit A, in a manner that is consistent with current public safety standards on State highwayswithin its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic
Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" andwhich are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shallprovide all personnel, equipment, and other services necessary to satisfactorily perform such operation andmaintenance.C.The Parties shall have the option to add or delete, at any time during the term of this agreement and subject to§17 of this agreement, one or more specific traffic control devices to the list shown in Exhibit A and therefore
amend the maintenance services to be performed by the Local Agency under this agreement. The State may amend Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C.D.The Local Agency may propose, in writing, other potential specific traffic control devices tobe operated and maintained by the Local Agency during the term of this agreement, based on the same rates thathad been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operationand maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and ifthe State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to theLocal Agency in a form substantially equivalent to Exhibit C, add such devices to this contract.E.The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performanceof such services shall comply with the same standards that are currently used by the State for the State's
performance of such services, for similar type highways with similar use, in that year, as determined by the State.The State's Regional Transportation Director, or his representative, shall determine the then current applicablemaintenance standards for the maintenance services. Any standards/directions provided by the State'srepresentative to the Local Agency concerning the maintenance services shall be in writing. The Local Agencyshall contact the State Region office and obtain those standards before the Local Agency performs such services.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and, if applicable, FHWA to inspect the project and to inspect, review and audit the project
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records.
Section 7. Termination Provisions
This contract may be terminated as follows:
A.This contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and onlyupon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later
than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay theLocal Agency only for that portion of the highway maintenance services actually and satisfactorily performed up
to the effective date of that termination, and the Local Agency shall be responsible to provide such services up tothat date, and the parties shall have no other obligations or liabilities resulting from that termination.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:B.Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.C.Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, orstipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure thedefault or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other materialprepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies deliveredand accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withholdpayment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.D.Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for thepurposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent uponavailability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 1, . Said Region
Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day
activities for the work shall be exchanged between representatives of the State’s Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below.
Either party may from time to time designate in writing new or substitute representatives.
If to State If to the Local Agency CDOT Region: 1 Christopher Vokurka City of Wheat Ridge Maria D' Andrea
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Project Manager 2829 West Howard Place
Denver, CO 80204 303-512-4058christopher.vokurka@state.co.us
Director of Public Works 11220 W. 45th Avenue WHEAT
RIDGE, CO 80033 303-205-7601mdandrea@ci.wheatridge.co.us
Section 10. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed by the parties and approved pursuant to the State Fiscal
Rules.
Section 16. Survival of contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of
this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A.Amendment
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Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject
to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this contract is
amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and
implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment
to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date.
B.Option Lettera. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates) originally established in the contract. The State may exercise the option by written notice to the LocalAgency in a form substantially equivalent to Exhibit C.b.As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease themaximum amount payable under this contract based upon the unit prices (rates) originally established in the
contract and the schedule of services required, as set by the terms of this contract. The State may exercise theoption by providing a fully executed option to the Local Agency, in a form substantially equivalent to ExhibitC, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall notbe deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will gointo effect on the first day of the first month following the option letter execution date.C.State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateralexecution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fullyexecuted encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/servicesshall continue at the same rate and under the same terms as established in the contract.
Section 18. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract,
which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
Section 19. Does not supersede other agreements
This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform.
Section 20. Subcontrators
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State, which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns.
Section 21. Statewide Contract Management System
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If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective
Date or at any time thereafter, this § 21. Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-
601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a Statewide contract management system.
Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State fiscal rules, policies and guidance. Evaluation and
review of the Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract management system. Areas of
evaluation and review shall include, but shall not be limited to, quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the Statewide contract management system at
intervals established herein and a final evaluation, review and rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance evaluation and review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation and review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final evaluation, review and rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause.
Section 22. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to the Local Agency
A.STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract
shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and
limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D.INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of
the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are
not entitled to unemployment insurance or workers compensation benefits through the State and theState shall not pay for or otherwise provide such coverage for Contractor or any of its agents oremployees. Contractor shall pay when due all applicable employment taxes and income taxes andlocal head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in forceworkers' compensation and unemployment compensation insurance in the amounts required by law, (ii)
provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of
its employees and agents.
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E.COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafterestablished, including, without limitation, laws applicable to discrimination and unfair employment practices.
F.CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflictswith said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G.PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires theState to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury,
or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothingin this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of anyinsurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H.SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, ormaintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor hasand shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
State determines that Contractor is in violation of this provision, the State may exercise any remedy available atlaw or in equity or under this Contract, including, without limitation, immediate termination of this Contract and
any remedy consistent with federal copyright laws or applicable licensing restrictions.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interestwhatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’sservices and Contractor shall not employ any person having such known interests.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
OLA #: 331003004 Routing #: 23-HA1-XC-00066
Document Builder Generated Rev. 12/09/2016 Page 8 of 8
Section 23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the LocalAgency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY CITY OF WHEAT RIDGE
Name:_______________________________________ (print name)
Title: _______________________________________ (print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
Jared S. Polis Department of Transportation
By___________________________________________
Keith Stefanik, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________ (print name)
Title: _______________________________________ (print title)
____________________________________________ *Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW Philip J. Weiser, Attorney General
By___________________________________________ Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
Exhibit A
SCOPE OF WORK
Traffic Maintenance
List of Traffic Control Locations:
1. I-70 at Clear Creek Drive, (Westbound on/off ramps)
2. I-70 at Youngfield Street (Eastbound off-ramp)
3. I-70 at Youngfield Street (Eastbound on-ramp)
Number of signals – 3 signals.
Scope of Work:
• The City shall maintain the traffic signals and associated pavement markings within the footprint
of the intersection, including stop bars and crosswalks, at the intersection locations listed above.
• Any reconstruction, modification, or improvement initiated by the City or performed as a result of
a City project shall be included in the maintenance provided by the City.
• Any reconstruction, modification, or improvement initiated by the State or performed as a result
of a State project shall be paid for separately by the State.
• The City shall perform inspections of each location, in all directions, and submit documentation
to CDOT annually by October 10 for each year of this contract. Inspection shall include, but not
be limited to:
o Each signal lens operating and visible
o Signal timing is operating as programmed
o Controller and cabinet are clean and in good repair
o Communication to signal is connected and operating
o Vehicle detection is operating properly
o All luminaires attached to signal structure are operating
o Visual inspection of signal caissons, bolts, bolt tightening, steel, welds, and attachment
hardware
o Backup power testing
o Signal conflict monitor testing.
• Any defects in the items listed above found at these intersections shall be remedied within 24
hours. Defects and remediation shall be documented and kept on file at the City and copied to
CDOT. Any defects not remedied will incur a price reduction in the following month’s
compensation in the amount of $280.00 per intersection.
• Remediation of structural defects requiring foundation, pole, or mast-arm replacement of CDOT-
standard structures shall be the responsibility of CDOT. Replacement of non-CDOT-standard
foundations, poles, or mast-arms installed after July 1, 2018 shall be the responsibility of the City.
• The City shall seek reimbursement from at-fault parties for major repairs or replacement of any
components as a result of damage by third parties. In the event that the City cannot obtain
reimbursement, CDOT shall reimburse the City through amendment to this agreement.
Exhibit A
Rate/Cost Schedule:
$280.00 Rate per signal per month
X 3 Signals
$840.00 Total monthly cost to maintain signals
$840.00 Total monthly payment to local agency
X 12 Months
$10,080 Total Annual Not to Exceed Amount
$10,080 Total Annual Not to Exceed Amount
X 5 years of the contract
$50,400 Total Contract Not to Exceed Amount
Exhibit B – page 1 of 1
EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
(if applicable)
Exhibit C – Page 1 of 1
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for CDOT use only)
Date: State Fiscal Year: Option Letter No. Routing #
Vendor name:1) SUBJECT:Change in the amount of goods within current term.
2) REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit A.
The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year. The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to $amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be modified to $amount of the new five-year maximum.
The total contract value to include all previous amendments, option letters, etc. is $insert accumulated/total encumbrance amount.
3) EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later.
APPROVALS:
State of Colorado: JARED S. POLIS, GOVERNOR
By: _____________________________________________ Date: __________________ Keith Stefanik, P.E., Chief Engineer, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Local Agency is not authorized to begin performance until such time. If Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder.
State Controller Robert Jaros, CPA, MBA, JD
By: __________________________________
Date: ________________________________ Form date: August 16, 2013
EXHIBIT C - SAMPLE OPTION LETTER
Exhibit D – Page 1 of 1
ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing #:
Orig. IGA: PO:
1)Encumber fiscal year funding in the contract.
2)PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routingnumber Orig Routing # between the State of Colorado, Department of Transportation, andContractor's Name, covering the term July 1, Year through June 30, Year, the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year .
The amount to be encumbered by this Encumbrance Letter is $amount of change. The Totalcontract (encumbrance) amount, including all previous amendments, option letters, etc. is
$Insert New $ Amt.
3)EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the StateController.
STATE OF COLORADO Jared S. Polis, GOVERNORDepartment of Transportation
By:
Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director
Date: _____________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation
Date: _____________________
EXHIBIT D – SAMPLE ENCUMBRANCE LETTER
Exhibit E- Page 1 of 1
EXHIBIT E
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of Local Agency) (the “Local Agency”), hereby certify under the penalty of perjury that the Local Agency has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, orassisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant ororder.
I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
ITEM NO: 1h
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION APPROVING AN AMENDMENT TO THE
TEMPORARY SITE LEASE AGREEMENT WITH T-MOBILE WEST LLC PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________ _____________________________ Director of Parks & Recreation City Manager ISSUE:
In June of 2022, City Council approved a lease agreement and a temporary site lease agreement
with T-Mobile West, LLC. In January of 2023, staff returned to Council to update the commencement date on the lease agreement due to supply chain issues. The same date also needs to be adjusted in the temporary site lease agreement. We are requesting a motion to make that simple date adjustment.
PRIOR ACTION:
City Council approved the lease agreement with T-Mobile West LLC in June of 2022. Council approved the temporary site lease agreement by motion on June 13, 2022 and Council approved the first amendment to the lease agreement in January 2023.
FINANCIAL IMPACT:
No financial impact. Staff wants to make sure the details in both agreements are accurate and
align with one another.
BACKGROUND: Due to aging infrastructure and changes to technology over the years, T-Mobile West LLC, along with two other cellular carriers, approached the City with a desire to demolish the existing
Council Action Form – Amendment to Temporary Site Lease Agreement, T-Mobile West LLC April 10, 2023
Page 2
cellular tower located at City Hall and construct a new monopole cellular tower. This project is well underway.
The temporary site agreement is associated with the cell-on-wheels equipment used by each
carrier while the demolition and construction occur. The specific amendment to the temporary site agreement for which we are seeking approval is a date change from February 14, 2023 to June 1, 2023 in Section 2 of the Agreement (Term; Termination). This change simply states that the temporary site lease agreement expires when the new cellular tower is constructed and
accepted by the owner or June 1, 2023, whichever comes first. This adjustment aligns with the
amendment to the lease document approved by Council in January.
RECOMMENDATION: Staff recommends approval this amendment.
RECOMMENDED MOTION:
“I move to approve an amendment to the temporary site lease agreement with T-Mobile West LLC.” Or,
“I move to not approve an amendment to the temporary site lease agreement with T-Mobile West LLC 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. Revised Temporary Site Agreement, T-Mobile West LLC
WHEAT RIDGE COLORADO
TEMPORARY LITE SITE LICENSE
This License Agreement (this “License”) is entered into this ____ day of ______________,
2022, by and between T-Mobile West LLC, (“Licensee”) and the City of Wheat Ridge,
Colorado, a Colorado municipal corporation (“City”).
1.LICENSE DESCRIPTION.
Subject to the terms, covenants, conditions and provisions of this License, the City grants
a temporary revocable license to the Licensee for use of a portion of the parking lot at the City’s
Municipal Center 7500 W. 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (the
“Premises”), more specifically described and depicted on Exhibit A, attached hereto and
incorporated herein by reference.
2.TERM; TERMINATION
The term of this Agreement shall commence upon the mutual execution of this License,
and terminating on the sooner to occur of completion of the replacement tower on the Premises or
June 1, 2023 (the “Initial Term”) unless terminated sooner or extended by written agreement of
the parties. Licensee acknowledges that Section 15.9 of the Wheat Ridge Home Rule Charter
applies to this license and grants the City Council the right to terminate this temporary license at
any time. At the end of the Initial Term, the term of the Agreement shall automatically renew for
successive one-month terms until completion of construction of the replacement tower at the
Premises.
3.USE OF PREMISES.
The Premises may be used by the Licensee solely for the purpose of operating a temporary
commercial mobile radio service (CMRS) facility and for no other purpose. The Licensee shall
keep the Premises in good and clean condition. The Licensee agrees that the Premises shall be
used and occupied in a careful, safe and proper manner and that the Licensee will pay for any
damage to the Premises caused by misuse of the same by the Licensee, its agents or employees.
All conduit, wiring, etc. shall be protected from interference by vehicle traffic. The City shall, at
all times, have the right, by its officers or agents, to enter the Premises to inspect and examine the
same.
4.LICENSE PAYMENT.
Rent for the Premises shall be a single payment of $0.
5.INSURANCE.
The Licensee is responsible to purchase, maintain and pay the premiums on insurance on
any personal property within the Premises that belongs to the Licensee.
6.INDEMNIFICATION.
The Licensee agrees to indemnify and hold harmless the City and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability,
ATTACHMENT 1
damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or
damage, including, without limitation, claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out
of or are in any manner connected with this License if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, negligence, or other fault of the Licensee or any of its
officers, employees, representatives, or agents.
7.NOTICE.
Any notice under this License shall be in writing and shall be deemed sufficient when
directly presented or sent pre-paid, first class United States Mail, addressed as follows:
City: Patrick Goff, City Manager
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Licensee: T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Property Management/DNO3471A
8.ENFORCEMENT; SEVERABILITY.
If any provision of this License is found by a court of competent jurisdiction to be unlawful
or unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect. Jurisdiction and venue for all claims for enforcement of any dispute under this License shall
be proper and exclusive in the District Court for Jefferson County, Colorado.
9.MODIFICATION.
This License may only be modified upon written agreement of the parties.
10.ASSIGNMENT.
Neither this License nor any of the rights or obligations of the parties hereto, shall be
assigned by either party without the written consent of the other.
11.GOVERNMENTAL IMMUNITY.
The City, its officers and its employees, are relying on, and do not waive or intend to waive
by any provision of this License, the monetary limitations or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.,
as amended, or otherwise available to the City and its officers or employees.
[SIGNATURE PAGE FOLLOWS]
CITY:
CITY OF WHEAT RIDGE
By: _______________________________
Bud Starker, Mayor
Date:_______________________________
ATTEST:
Stephen Kirkpatrick, City Clerk
LICENSEE:
T-Mobile USA, Inc.
By: ________________________________
Name: ______________________________
Title: _______________________________
Date:_______________________________
EXHIBIT A
Description of Premises
[attached]
ITEM NO: 1i
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION APPROVING AN AMENDMENT TO THE
TEMPORARY SITE LEASE AGREEMENT WITH VERIZON WIRELESS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________ _____________________________ Director of Parks & Recreation City Manager ISSUE:
In June of 2022, City Council approved a lease agreement and a temporary site lease agreement
with Verizon Wireless. In January of 2023, staff returned to Council to update the commencement date on the lease agreement due to supply chain issues. The same date also needs to be adjusted in the temporary site lease agreement. We are requesting a motion to make that simple date adjustment.
PRIOR ACTION:
City Council approved the lease agreement with Verizon Wireless in June of 2022. Council approved the temporary site lease agreement by motion on June 13, 2022 and Council approved the first amendment to the lease agreement in January 2023.
FINANCIAL IMPACT:
No financial impact. Staff wants to make sure the details in both agreements are accurate and
align with one another.
BACKGROUND: Due to aging infrastructure and changes to technology over the years, Verizon Wireless, along with two other cellular carriers, approached the City with a desire to demolish the existing
Council Action Form – Amendment to Temporary Site Lease Agreement with Verizon Wireless April 10, 2023
Page 2
cellular tower located at City Hall and construct a new monopole cellular tower. This project is well underway.
The temporary site agreement is associated with the cell-on-wheels equipment used by each
carrier while the demolition and construction occur. The specific amendment to the temporary site agreement for which we are seeking approval is a date change from February 14, 2023, to June 1, 2023, in Section 2 of the Agreement (Term; Termination). This change simply states that the temporary site lease agreement expires when the new cellular tower is constructed and
accepted by the owner or June 1, 2023, whichever comes first. This adjustment aligns with the
amendment to the lease document approved by Council in January.
RECOMMENDATION: Staff recommends the approval this amendment.
RECOMMENDED MOTION:
“I move to approve an amendment to the temporary site lease agreement with Verizon Wireless.” Or,
“I move to not approve an amendment to the temporary site lease agreement with Verizon Wireless 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. Revised Temporary Site Agreement, Verizon Wireless
WHEAT RIDGE COLORADO TEMPORARY LITE SITE LICENSE
This License Agreement (this “License”) is entered into this ____ day of ______________, 2022, by and between Cellco Partnership d/b/a Verizon Wireless, (“Licensee”) and the City of Wheat Ridge, Colorado, a Colorado municipal corporation (“City”).
1. LICENSE DESCRIPTION.
Subject to the terms, covenants, conditions and provisions of this License, the City grantsa temporary revocable license to the Licensee for use of a portion of the parking lot at the City’s Municipal Center 7500 W. 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado (the “Premises”), more specifically described and depicted on Exhibit A, attached hereto and
incorporated herein by reference.
2.TERM; TERMINATION
The term of this Agreement shall commence upon the mutual execution of this License andterminating on the sooner to occur of completion of the replacement tower on the Premises or June
1, 2023 (the “Initial Term” unless terminated sooner or extended by written agreement of the
parties. Licensee acknowledges that Section 15.9 of the Wheat Ridge Home Rule Charter applies to this license and grants the City Council the right to terminate this temporary license at any time. At the end of the Initial Term, the term of the Agreement shall automatically renew for successive one-month terms until completion of construction of the replacement tower at the Premises.
3.USE OF PREMISES.
The Premises may be used by the Licensee solely for the purpose of operating a temporarycommercial mobile radio service (CMRS) facility and for no other purpose. The Licensee shall keep the Premises in good and clean condition. The Licensee agrees that the Premises shall be
used and occupied in a careful, safe and proper manner and that the Licensee will pay for any
damage to the Premises caused by misuse of the same by the Licensee, its agents or employees. All conduit, wiring, etc. shall be protected from interference by vehicle traffic. The City shall, at all times, have the right, by its officers or agents, to enter the Premises to inspect and examine the same.
4. LICENSE PAYMENT.
Rent for the Premises shall be a single payment of $0.
5.INSURANCE.
The Licensee is responsible to purchase, maintain and pay the premiums on insurance on
any personal property within the Premises that belongs to the Licensee.
6.INDEMNIFICATION.
Except arising from the negligence or willful misconduct of the City, he Licensee agrees to
indemnify and hold harmless the City and its officers, insurers, volunteers, representative, agents,
employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and
ATTACHMENT 1
demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property
loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this License if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, negligence, or other fault of the Licensee or any of its officers, employees, representatives, or agents.
7.NOTICE.
Any notice under this License shall be in writing and shall be deemed sufficient whendirectly presented or sent pre-paid, first class United States Mail, addressed as follows:
City: Patrick Goff, City Manager City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Licensee: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road
Bedminster NJ 07921
Attn: Network Real Estate
8.ENFORCEMENT; SEVERABILITY.
If any provision of this License is found by a court of competent jurisdiction to be unlawfulor unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect. Jurisdiction and venue for all claims for enforcement of any dispute under this License shall
be proper and exclusive in the District Court for Jefferson County, Colorado.
9.MODIFICATION.
This License may only be modified upon written agreement of the parties.
10.ASSIGNMENT.
Neither this License nor any of the rights or obligations of the parties hereto, shall be
assigned by either party without the written consent of the other.
11.GOVERNMENTAL IMMUNITY.
The City, its officers and its employees, are relying on, and do not waive or intend to waiveby any provision of this License, the monetary limitations or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.,
as amended, or otherwise available to the City and its officers or employees.
[SIGNATURE PAGE FOLLOWS]
CITY:
CITY OF WHEAT RIDGE
By: _______________________________
Bud Starker, Mayor
Date: ______________________________
ATTEST:
Stephen Kirkpatrick, City Clerk
LICENSEE:
Cellco Partnership d/b/a Verizon Wireless
By: ________________________________
Name: ______________________________
Title: _______________________________
Date: _______________________________
EXHIBIT A
Description of Premises
(See Attached – 3 pages)
ITEM NO: 1j
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 18-2023 – A RESOLUTION APPROVING
INTERGOVERNMENTAL AGREEMENTS WITH JEFFERSON COUNTY CONCERNING BALLOT BOX USE AT WHEAT RIDGE CITY HALL, ANDERSON PARK, AND PROSPECT PARK
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
City Clerk City Manager ISSUE: The City of Wheat Ridge has three Jefferson County ballot box locations on City property: Wheat Ridge City Hall, Anderson Park and Prospect Park. These locations provide convenient
locations for residents to drop off completed ballots. The City has Intergovernmental Agreements (IGAs) in place with Jefferson County for each location. This request for approval includes a new IGA for the City Hall location and amendments to the existing IGAs for Anderson Park and Prospect Park.
PRIOR ACTION:
City Council has routinely approved IGAs by resolution for this purpose. Council last approved IGAs for the addition of the Anderson Park and Prospect Park ballot boxes in 2020. FINANCIAL IMPACT:
There is no financial impact to the City.
Council Action Form – Ballot Box IGAs April 10, 2023
Page 2
BACKGROUND: Wheat Ridge City Hall has long been a location for both in person voting and ballot drop off and
the ballot box in the median of the drive approaching City Hall was installed years ago. In 2020,
the Clerk’s Office worked collaboratively with Jefferson County to install ballot boxes at Anderson Park and Prospect Park.
The County is installing new video surveillance equipment at all three locations which requires addendums to the Prospect and Anderson Park existing IGAs. Through this process it came to
light that the County did not have an IGA in place for the City Hall location, therefore that
particular IGA is new.
RECOMMENDATIONS: Staff recommends the approval of this resolution.
RECOMMENDED MOTION:
“I move to approve Resolution No. 18-2023 - a resolution approving Intergovernmental Agreements with Jefferson County concerning ballot box use at Wheat Ridge City Hall, Parks, Forestry and Open Space Building and Prospect Park.”
Or,
“I move to postpone indefinitely Resolution No. 18-2023 - a resolution approving Intergovernmental Agreements with Jefferson County for the following reason(s)________________.”
REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Steve Kirkpatrick, City Clerk Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 18-2023 2. Use Agreement – Wheat Ridge City Hall 3. First Amendment to Use Agreement – Parks, Forestry and Open Space Building
4. First Amendment to Use Agreement – Prospect Park
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2023
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING INTERGOVERNMENTAL AGREEMENTS WITH JEFFERSON COUNTY CONCERNING BALLOT BOX USE AT WHEAT RIDGE CITY HALL, ANDERSON PARK AND PROSPECT PARK
WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and
WHEREAS, to better serve its citizens, Jefferson County places secure mail
ballot drop boxes at three locations on City property; and
WHEREAS, these intergovernmental agreements are designed to serve the citizens of Jefferson County during elections by providing convenient locations for voters to drop off their completed mail ballots; and
WHEREAS, the City of Wheat Ridge wishes to enter into intergovernmental
agreements with the County of Jefferson, State of Colorado to accomplish these goals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The Intergovernmental Agreements between the City and the County
of Jefferson, State of Colorado hereto attached as Exhibit A, are hereby approved.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 10th day of April, 2023
___________________________ Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
EXHIBIT A INTERGOVERNMENTAL AGREEMENT USE AGREEMENT
[ATTACHED]
BALLOT BOX USE AGREEMENT
THIS BALLOT BOX USE AGREEMENT (this "Agreement"), dated for reference
purposes only this _____ day of April, 2023, is made and entered into by and between City of Wheat Ridge, Colorado, a home rule municipality (the "Owner") and the County of Jefferson, State of Colorado, a body politic and corporate (the "County," and together with the Owner, the “Parties”).
RECITALS
A. The Owner owns certain real property located at 7500 W. 29th Avenue, Wheat
Ridge, Colorado 80033 (the “Wheat Ridge City Hall”).
B. The County desires to use a portion of land located at the entrance of the Wheat
Ridge City Hall, as more particularly described on Exhibit A attached hereto and incorporated
herein by reference (the "Site"), for the purpose of operating a secure mail ballot drop box (the
“Ballot Box”) thereon.
C. The Owner is willing to permit the County to install and use the Ballot Box at the
Site under the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
hereinafter, the Parties agree as follows:
I. Agreement. The Owner agrees to permit the County use of the Site according to
the terms and conditions set forth herein.
II.Term and Termination.
A.Term. This Agreement shall commence on the date that the Agreement is
fully executed by both Parties and remain in effect until terminated by the Parties in accordance
with the terms of this Agreement.
B.Termination Without Default. Either Party may terminate this
Agreement at any time for any reason by providing the other Party with a minimum of thirty
(30) days’ notice of its intent to terminate pursuant to Section XI below, except that the Ownermust provide a minimum of one hundred twenty (120) days’ notice to the County in order to
terminate this Agreement without an Event of Default prior to: (i) the first Tuesday after the
first Monday in November of every year; (ii) the last Tuesday in June of every even-numbered
year; and (iii) the first Tuesday in March in a Presidential election year.
C.Termination for Default. In addition to the foregoing, either Party mayterminate this Agreement upon an uncured Event of Default by the other Party as described
ATTACHMENT 2
herein. An uncured Event of Default shall occur if either Party fails to materially perform or observe a term of this Agreement, and such failure continues for more than seven (7) days
after written notice from the other Party, except that such seven (7) day cure period shall be
extended as is reasonably necessary to permit the Party in default to complete cure, so long as
such Party continuously and diligently pursues and completes cure.
III. Consideration. No rent or other consideration will be due or payable by the
County under this Agreement.
IV. Use of Ballot Box.
A. The Ballot Box shall remain the property of the County, and the County
shall bear all costs associated with the maintenance of the Ballot Box.
B. For any coordinated election or other election in which the County Clerk
and Recorder is serving as the election official, the Ballot Box shall be available for use by the
County as a twenty-four hour, seven-day-a-week drop-off location for the purpose of allowing
electors to deposit their completed mail ballots. For the period beginning thirty (30) days before such an election and ending thirty (30) days after such an election, the County shall have access to
the Ballot Box twenty-four (24) hours a day, seven (7) days a week for the purpose of opening,
inspecting and collecting from the Ballot Box or performing its other duties and responsibilities in
connection with such election.
C. With the prior consent of the Owner, the County may install identifying
markers such as signs or flags on or near the Site to direct electors to the Ballot Box.
D. The Ballot Box shall be covered and locked during the period beginning
three (3) days after each election and ending thirty-five (35) days prior to the next election.
E. The County shall have access to the Site a minimum of thirty-five (35) days before each election in order to inspect and prepare the Ballot Box for the election.
F. The Owner shall have no obligation to ensure that the Ballot Box is used in
compliance with applicable election laws. The County shall be solely responsible for responding to any questions or challenges regarding the use of the Ballot Box.
G. For any coordinated election or other election in which the County Clerk and Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area surrounding the
Site, including, without limitation, laws addressing electioneering, election interference and voter
intimidation.
V. Installation of VR System.
A. The Owner authorizes the County to install a video surveillance system (the “VR
System”) at an agreed-upon location near the Site for the purpose of recording activity at the
Ballot Box and the surrounding Site.
B. The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
C. The County (or its designated vendor) shall be responsible for installing the VR
System. The Owner shall provide the County (or its designated vendor) with such access to the Site as is reasonably necessary for performing the installation.
D. The Owner shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
E. If necessary, the Owner shall permit the County (or its designated vendor) to drill
a hole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed to by both Parties.
VI. Video Surveillance. For any coordinated election or other election in which the County Clerk and Recorder is serving as the election official, the Parties agree to collaborate
as described below to operate the VR System:
A. The VR System shall continuously record activity at the Ballot Box and the surrounding Site during the time period beginning at least thirty (30) days prior to, and
continuing through at least three (3) days after, such election (the “Voting Period”);
B. The Owner shall provide the County with continuous access to the VR System’s hardware systems at all points during the Voting Period;
C. The Owner shall provide, and pay for, the electrical power required to operate the VR System;
D. The VR System shall remain the property of the County, and the County shall be responsible for maintaining the VR System at its own expense. The Owner shall provide the County with reasonable access to Clement Park to perform any maintenance, upon request.
E. The Owner may access the VR System’s video feed from the Owner’s secure network, if desired. To access the video feed, the Owner must provide the County a public IP
address.
F. The Owner shall provide adequate lighting to the Ballot Box and surrounding Site during the Voting Period;
G. The County will monitor the video feed during the Voting Period; and
H. If the video feed is disrupted or otherwise compromised, the County will attempt to correct the disruption and restore the feed. If the County believes the source of the disruption
to be within the Owner’s control, upon notification from the County, the Owner shall take all
reasonable efforts to promptly resolve the disruption and restore the video feed.
VII. Damage to Site or Ballot Box. In the event the Owner becomes aware that the
Ballot Box and/or Site is damaged, the Owner agrees to promptly notify the County and
reasonably collaborate with the County to determine the cause of the damage. In such event,
the County may, at its option, either (i) restore the Ballot Box and/or Site to a suitable condition, or (ii) terminate this Agreement by written notice to the Owner.
VIII. Permits and Approvals. Each Party shall be solely responsible for obtaining any
licenses, permits or approvals that are required by law to complete their respective obligations set
forth herein.
IX. Assignment. This Agreement and the rights granted herein are voidable by the
Owner if assigned without the prior written consent of the Owner. Such consent shall not be
unreasonably withheld provided the assignee meets all the obligations of the County under this
Agreement. Notwithstanding the foregoing, the County may, in its discretion, approve the use of the Ballot Box and/or VR System by the Owner or another election official as a ballot drop-off
location on a case-by-case basis, without the prior consent of the Owner. The use of the Ballot Box
and/or VR System by another election official shall be subject to all applicable terms of this
Agreement and any conditions imposed by the County. X. Surrender of Site. Upon the termination of this Agreement, the County shall, at its sole expense, remove the Ballot Box from the Site and surrender the Site to the Owner in as good condition as received, reasonable wear and tear excepted, free from debris and broom clean. The
County shall not remove anything from the Site which constitutes an integral part of the real estate. Any personal property not removed by the County within a reasonable time period after the termination of this Agreement shall be deemed abandoned and the Owner may, without notice to the County, dispose of the same. XI. Notices. A. Key Notices” under this Agreement are any notices regarding an Event of Default, a dispute between the Parties, or termination of the Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined
in subsection (B) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the Parties will follow up any electronic transmission with a hard copy
of the communication by the means described in subsection (A)(ii) or (A)(iii) above. All other communications or notices between the Parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the Parties at the following addresses:
To the County: Jefferson County Clerk and Recorder’s Office
Elections Division
Attn: Director of Elections
3500 Illinois Street, Suite 1100
Golden, Colorado 80401
Phone: (303) 271-8111
logistics@jeffco.us with a copy to: Jefferson County Attorney
100 Jefferson County Parkway, Suite 5500
Golden, Colorado 80419
Phone: (303) 271-8900
Email: CAOContracts@jeffco.us
To the Owner:
Office of the City Clerk
Stephen Kirkpatrick, City Clerk 7500 W 29th Ave, 1st floor Wheat Ridge, CO 80033 Phone: 303-235-2823
Email: skirkpatrick@ci.wheatridge.co.us
All Key Notices to the County shall include a reference to the Agreement identifying the Owner’s name and the date of the Agreement.
B. Electronic Transmissions. The Parties agree that: (i) any notice or communication transmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have
the same binding and legal effect as an original document; and (iii) at the request of either Party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the Party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby
forever waive such defense. For purposes of this Agreement, the term “electronic transmission” means email. XII. Miscellaneous Provisions. A. Non-Appropriation. To the extent that this Agreement purports to create a financial obligation of either Party payable in a fiscal year subsequent to the fiscal year of execution of this
Agreement, such obligation is contingent upon such Party appropriating and budgeting funds for
that purpose. The County’s fiscal year is currently the calendar year.
B. Survival Clause. Notwithstanding anything to the contrary, the Parties understand
and agree that all terms and conditions of this Agreement that may require continued performance
or continue beyond the termination date of this Agreement shall survive such termination date and be enforceable as provided herein in the event of a failure to perform or comply by a Party to this
Agreement.
C. Authorization. The Parties hereby stipulate and represent that all procedures necessary to authorize the execution of this Agreement have been performed and that the persons
signing for each of the Parties have been authorized to do so.
D. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties regarding the subject matter contained herein, and supersedes
all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both Parties.
E. Severability. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
F. Successors and Assigns. This Agreement shall be binding on and inure to the
benefit of the respective successors and permitted assignees of the Parties.
G. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado without regard to any conflict of laws doctrine. The Parties agree that any
dispute, action or proceeding arising out of this Agreement shall be subject to the venue and
jurisdiction of the County or District Court of Jefferson County, Colorado.
H. Waiver. No term or condition of this Agreement shall be deemed to have been
waived by either Party unless the waiver is in writing and signed by both Parties or their duly
authorized representatives.
I. Execution by Counterparts; Electronic Signatures. This Agreement may be
executed in two or more counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument. The Parties approve the use of electronic signatures
for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121.
The Parties hereto have signed this Agreement as of the date indicated below.
THE CITY OF WHEAT RIDGE:
By: ______________________________________________ Bud Starker, Mayor
Date: ____________________________
LEGAL COUNSEL - OPTIONAL
By: ______________________________________________
Name/Title: _______________________________________ Date: ____________________________
THE COUNTY:
COUNTY OF JEFFERSON STATE OF COLORADO
By: _______________________________________________ Amanda M. Gonzalez, Jefferson County Clerk & Recorder
Date: ___________________________
APPROVED AS TO FORM:
______________________________________________ Jean Biondi Assistant County Attorney
Exhibit A
TM 18-0953 1
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (this “First Amendment”), dated
for reference purposes only this ____ day of April, 2023, is made and entered into by and between the City of Wheat Ridge, Colorado, a home rule municipality (the “City”) and the County of Jefferson, State of Colorado, a body politic and corporate (the “County,” and together with the City, the “Parties”).
RECITALS
A. The Parties entered into an agreement dated February 10, 2020 (the “Use Agreement”), pursuant to which the City authorized the County to install and operate a secure mail ballot drop box on a portion of real property located at the Parks, Forestry & Open Space Building, 9110 W 44th Avenue, Wheat Ridge CO 80033 (the “Parks Building”).
B. The County now wishes to install new video surveillance equipment at the Parks Building.
C. The Parties agree to amend the Use Agreement to authorize the installation of the new video surveillance equipment, to update the Parties’ video surveillance expectations, and to
make such other changes to the Use Agreement as are set forth herein.
D. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Use Agreement.
AGREEMENT
In consideration of the covenants and conditions set forth herein, and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. The City authorizes the County to install a new video surveillance system (the “VR System”) at an agreed upon location at the Parks Building.
2. The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
3. The County (or its designated vendor) shall be responsible for installing the VR System. The City shall provide the County (or its designated vendor) with such access to the Parks Building as is reasonably necessary for performing the installation.
4. The City shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
5. If necessary, the City shall permit the County (or its designated vendor) to drill a hole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed
to by both Parties.
6. Section II(B) of the Use Agreement (“Termination - Without Default”) is hereby deleted in its entirety and replaced with the following:
ATTACHMENT 3
TM 18-0953 2
C. Termination - Without Default. Either Party may terminate this Agreement at any time for any reason by providing the other Party with a minimum of thirty (30) days’ notice
of its intent to terminate pursuant to Section XII below, except that the City must provide
a minimum of one hundred twenty (120) days’ notice to the County in order to terminate this Agreement without an uncured “Event of Default” (as defined below) prior to (1) the first Tuesday after the first Monday in November of every year; (2) the last Tuesday in June of every even-numbered year; and (c) the first Tuesday in March in a Presidential
election year.
7. A new Section V(E) shall be added to the Use Agreement as follows:
E. For any coordinated election or other election in which the County Clerk and
Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area
surrounding the Site, including, without limitation, laws addressing electioneering, election interference and voter intimidation.
8. Section VI of the Use Agreement (“Video Surveillance”) is hereby deleted in its
entirety and replaced with the following:
VI. VIDEO SURVEILLANCE. For any election in which the County Clerk and Recorder is serving as the coordinated election official, the Parties agree to collaborate as described below to operate a video surveillance system (the “VR System”) to record activity at the Ballot Box and the surrounding Site:
A. The VR System shall continuously record activity at the Ballot Box and the
surrounding Site during the time period beginning at least thirty (30) days prior to, and continuing through at least three (3) days after, such election (the “Voting Period”);
B. The City shall provide the County with continuous access to the VR System’s
hardware systems at all points during the Voting Period;
C. The City shall provide, and pay for, the electrical power required to operate the VR System;
D. The VR System shall remain the property of the County, and the County shall be responsible for maintaining the VR System at its own expense. The City shall
provide the County with reasonable access to the Parks Building to perform any
maintenance, upon request.
E. The City may access the VR System’s video feed from the City’s secure network, if desired. To access the video feed, the City must provide the County a public IP address.
F. The City shall provide adequate lighting to the Ballot Box and surrounding Site
during the Voting Period;
G. The County will monitor the video feed during the Voting Period; and
H. If the video feed is disrupted or otherwise compromised, the County will attempt to correct the disruption and restore the feed. If the County believes the source of
TM 18-0953 3
the disruption to be within the City’s control, upon notification from the County, the City shall take all reasonable efforts to promptly resolve the disruption and
restore the video feed.
9. Section XII(A) of the Use Agreement shall be amended to update the County’s Key
Notice recipient from Cody Swanson to “Director of Elections.”
10. A new Section XIII(J) is added to the Use Agreement, which reads as follows:
J. Use of Ballot Box and VR System By Other Election Officials. The County may,
in its discretion, approve the use of the Ballot Box and/or VR System by the City or another
election official as a ballot drop-off location on a case-by-case basis, without the prior
consent of the City. The use of the Ballot Box and/or VR System by another election
official shall be subject to all applicable terms of this Agreement and any conditions
imposed by the County.
11. The Use Agreement, as modified herein, shall remain in full force and effect. In
the event of any conflict between the Use Agreement and this First Amendment, the terms and
conditions of this First Amendment shall control.
[Signature page follows]
TM 18-0953 4
The Parties hereto have caused this First Amendment to be executed.
THE COUNTY: COUNTY OF JEFFERSON STATE OF COLORADO
By: ___________________________________ Amanda M. Gonzalez, Clerk and Recorder Date: ___________________________
APPROVED AS TO FORM:
_______________________ Jean R. Biondi Assistant County Attorney
THE CITY: CITY OF WHEAT RIDGE
By: ____________________________ Bud Starker, Mayor Date: __________________________
TM 18-0953 1
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (this “First Amendment”), dated
for reference purposes only this ____ day of April, 2023, is made and entered into by and between the City of Wheat Ridge, Colorado, a home rule municipality (the “City”) and the County of Jefferson, State of Colorado, a body politic and corporate (the “County,” and together with the City, the “Parties”).
RECITALS
A. The Parties entered into an agreement dated September 28, 2020 (the “Use Agreement”), pursuant to which the City authorized the County to install and operate a secure mail ballot drop box on a portion of real property located at 44th Ave & Robb Street, Wheat Ridge, CO 80033 (“Prospect Park”).
B.The County now wishes to install new video surveillance equipment at ProspectPark.
C.The Parties agree to amend the Use Agreement to authorize the installation of thenew video surveillance equipment, to update the Parties’ video surveillance expectations, and to
make such other changes to the Use Agreement as are set forth herein.
D.Capitalized terms not otherwise defined herein shall have the meaning set forth inthe Use Agreement.
AGREEMENT
In consideration of the covenants and conditions set forth herein, and for other good and
valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1.The City authorizes the County to install a new video surveillance system (the “VRSystem”) at an agreed upon location at Prospect Park.
2.The County shall be responsible for paying for the VR System and all cables and
equipment necessary to complete the installation.
3.The County (or its designated vendor) shall be responsible for installing the VRSystem. The City shall provide the County (or its designated vendor) with such access to Prospect Park as is reasonably necessary for performing the installation.
4.The City shall provide a secure location to store the VR System hardware. Such
location shall have access to a standard power outlet, which will be used to supply power to the
VR System hardware.
5.If necessary, the City shall permit the County (or its designated vendor) to drill ahole in exterior wall of the building that the VR System is installed on to run a cable from the VR System to the VR System hardware. The hole shall be drilled at a location and in a manner agreed
to by both Parties.
6.Section II(B) of the Use Agreement (“Termination - Without Default”) is herebydeleted in its entirety and replaced with the following:
ATTACHMENT 4
TM 18-0953 2
C. Termination - Without Default. Either Party may terminate this Agreement at any time for any reason by providing the other Party with a minimum of thirty (30) days’ notice
of its intent to terminate pursuant to Section XI below, except that the City must provide a
minimum of one hundred twenty (120) days’ notice to the County in order to terminate this Agreement without an uncured “Event of Default” (as defined below) prior to (1) the first Tuesday after the first Monday in November of every year; (2) the last Tuesday in June of every even-numbered year; and (c) the first Tuesday in March in a Presidential election
year.
7. A new Section V(F) shall be added to the Use Agreement as follows:
F. For any coordinated election or other election in which the County Clerk and
Recorder is serving as the election official, the County shall have the authority to enforce
applicable state, federal and local election laws at the Site and the immediate area
surrounding the Site, including, without limitation, laws addressing electioneering, election interference and voter intimidation.
8. Section VI of the Use Agreement (“Video Surveillance”) is hereby deleted in its
entirety and replaced with the following:
VI. VIDEO SURVEILLANCE. For any election in which the County Clerk and Recorder is serving as the coordinated election official, the Parties agree to collaborate as described below to operate a video surveillance system (the “VR System”) to record activity at the Ballot Box and the surrounding Site:
A. The VR System shall continuously record activity at the Ballot Box and the
surrounding Site during the time period beginning at least thirty (30) days prior to, and continuing through at least three (3) days after, such election (the “Voting Period”);
B. The City shall provide the County with continuous access to the VR System’s
hardware systems at all points during the Voting Period;
C. The City shall provide, and pay for, the electrical power required to operate the VR System;
D. The VR System shall remain the property of the County, and the County shall be responsible for maintaining the VR System at its own expense. The City shall
provide the County with reasonable access to Prospect Park to perform any
maintenance, upon request.
E. The City may access the VR System’s video feed from the City’s secure network, if desired. To access the video feed, the City must provide the County a public IP address.
F. The City shall provide adequate lighting to the Ballot Box and surrounding Site
during the Voting Period;
G. The County will monitor the video feed during the Voting Period; and
H. If the video feed is disrupted or otherwise compromised, the County will attempt to correct the disruption and restore the feed. If the County believes the source of
TM 18-0953 3
the disruption to be within the City’s control, upon notification from the County, the City shall take all reasonable efforts to promptly resolve the disruption and
restore the video feed.
9. Section XI(A) of the Use Agreement shall be amended to update the County’s Key
Notice recipient from Cody Swanson to “Director of Elections.”
10. A new Section XII(J) is added to the Use Agreement, which reads as follows:
J. Use of Ballot Box and VR System By Other Election Officials. The County may,
in its discretion, approve the use of the Ballot Box and/or VR System by the City or another
election official as a ballot drop-off location on a case-by-case basis, without the prior
consent of the City. The use of the Ballot Box and/or VR System by another election
official shall be subject to all applicable terms of this Agreement and any conditions
imposed by the County.
11. The Use Agreement, as modified herein, shall remain in full force and effect. In
the event of any conflict between the Use Agreement and this First Amendment, the terms and
conditions of this First Amendment shall control.
[Signature page follows]
TM 18-0953 4
The Parties hereto have caused this First Amendment to be executed.
THE COUNTY: COUNTY OF JEFFERSON STATE OF COLORADO
By: ___________________________________ Amanda M. Gonzalez, Clerk and Recorder Date: ___________________________
APPROVED AS TO FORM:
_______________________ Jean R. Biondi Assistant County Attorney
THE CITY: CITY OF WHEATRIDGE
By: ____________________________ Bud Starker, Mayor Date: __________________________
ITEM NO: 1k
DATE: April 10, 2023
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 19-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,766 TO FUND THE SAFETY PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The City recently received an unexpected dividend refund from the City’s workers’ compensation insurance provider, Pinnacol Assurance in the amount of $8,766. In 2023, the City hired its first Risk Management Coordinator, and that employee is increasing the Safety Committee programming
and providing a much more robust overall risk management program. To fund some new activities,
staff would like to offset expenses with the Pinnacol Assurance dividend and put those funds to good use through increased risk management programming. PRIOR ACTION:
None FINANCIAL IMPACT: There is no financial impact as the dividend check in the amount of $8,766 offsets the increase in expenditures.
Council Action Form – Safety Program Budget Supplemental April 10, 2023
Page 2
BACKGROUND: The City switched workers’ compensation insurers from CIRSA to Pinnacol Assurance in 2020 in
an effort to improve service for injured workers and save on premium costs. For the last two years,
the City has received a dividend check, which is never guaranteed nor budgeted, in the amount of $8,766. City Council approved a new position, the Risk Management Coordinator, in the 2023 budget. This
position is focused on reducing the City’s exposure through developing and implementing good risk
management practices, managing claims and recouping damages. No incremental program budget was assigned to the new position at the time the budget was developed. Appropriating the amount of the unexpected dividend check to the safety program will allow for the development of a safety fair and increased employee training.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION:
“I move to approve Resolution No. 19-2023, a resolution amending the Fiscal Year 2023 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $8,766 to fund the safety program.” Or,
“I move to postpone indefinitely Resolution No. 19-2023, a resolution amending the Fiscal Year 2023 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $8,766 for the following reason(s) _____________________.”
REPORT PREPARED AND REVIEWED BY:
Kelly McLaughlin, Risk Management Coordinator Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 19-2023
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 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 $8,766 FOR THE SAFETY PROGRAM
WHEREAS, employee safety and responsible risk mitigation strategies are important to the City; and
WHEREAS, Colorado employers are required to carry workers’ compensation
insurance if they have one or more employees; and WHEREAS, Pinnacol Assurance became the City’s workers’ compensation provider in 2020; and
WHEREAS, the City received an unbudgeted dividend refund in the amount of $8,766 and wishes to use those funds to increase safety program activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows: A transfer of $8,766 is hereby approved from the General Fund undesignated reserves to account 01-112-700-729
DONE AND RESOLVED this 10th day of April 2023
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 2
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 07-2023 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 7890 W. 38TH AVENUE FROM RESIDENTIAL-TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-01)
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/10/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/08/23) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_ ____________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 7890 W. 38th Avenue. The zone change will
result in a zoning that allows for neighborhood serving uses and provides a transitional buffer between the existing residential uses and commercial uses.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on April 6, 2023. The staff
report and a copy of the draft Planning Commission minutes will be provided with the second
reading materials.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-23-01. If the
rezoning is approved, the City may benefit from various fees collected depending on how the
property is repurposed in the future, such as building permit fees or sales tax.
Council Action Form – Proposed Rezoning at 7890 W. 38th Avenue April 10, 2023
Page 2
BACKGROUND:
The property is located on the southeast corner of W. 38th Avenue and Allison Street. The
property is zoned Residential-Two (R-2) and is situated as a transitional site between a commercial district and residential neighborhood. Adjacent properties to the west are also zoned R-2 and include single-unit and duplex homes in a well-established neighborhood. On all other sides of the subject property are higher intensity uses. The site is wrapped to the south and east
by a Planned Commercial Development (PCD) which includes a 4-story office building.
Additional commercial uses are located further east, and across 38th Avenue to the north are medical office buildings and the Wilmore Center. According to the Jefferson County Assessor, the site is 22,428 square feet (0.515 acres) in size. The site currently contains a vacant 1,748-square foot single-unit dwelling, constructed in 1957.
Current Zoning The current zone district, R-2, is a legacy zone district dating back to 1972 and was established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character.
The R-2 zoning makes sense for the property’s original use as a residence, but the site has been
vacant for some time and has garnered little residential interest.
Proposed Zoning The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a
range of neighborhood-serving commercial and retail uses.
The applicant intends to rezone the property to allow for neighborhood serving uses and to provide a transitional buffer between the existing residential and commercial uses that surround it. The applicant has stated they believe the zone change would enable them to bring an
invaluable and much needed service to the community, quality childcare, and that the ability to
utilize the property and existing structure would allow them to improve the site and increase curb appeal. The proposed use of the site as a childcare center is not allowed in R-2 but the MU-N district would provide more flexibility for lower-intensity neighborhood serving businesses to exist.
The current R-2 zoning is a remnant of the past and reflective of Wheat Ridge’s residential neighborhoods. The R-2 zoning dates back to the City’s original 1972 zoning map. The MU-N and R-2 districts are quite different in terms of development standards and permitted uses but the design standards for any new development in MU-N are strict and include architectural
standards, open space requirements, setbacks, and parking requirements. The R-2 district allows
for single-unit or duplex dwellings. By contrast, MU-N zoning allows residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial
(MU-C) in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the
commercial core. The boundary for the rezoning was coterminous with the boundaries of the
Council Action Form – Proposed Rezoning at 7890 W. 38th Avenue April 10, 2023
Page 3
urban renewal areas at the time. This property was not included in the legislative rezoning as it is located just outside of the Wadsworth Corridor. Many properties along W. 38th Avenue east of
Wadsworth Boulevard have been rezoned to MU-N and act as transitional buffers for the
adjacent residential uses to the north and south. These MU-N properties can serve as a transition zone as properties gradually get smaller in size, and this property has the ability to serve the same transitional purpose. MU-N zoning is appropriate for this segment and particularly on this property given its size and its location and can act as a transition between the commercial uses
immediately to the east, as well as the uses on Wadsworth Boulevard, and the neighborhood to
the west. A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading.
RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application.
As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading)
public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City
Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2023, an ordinance approving the rezoning of property located at 7890 W. 38th Avenue from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-
N) on first reading, order it published, public hearing set for Monday, May 8, 2023, at 6:30 p.m.
as a virtual meeting and in City Council Chambers and that it takes effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY:
Alayna Olivas-Loera, Planner I
Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 07-2023
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 07
ORDINANCE NO. _________ Series of 2023 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7890 W. 38TH AVENUE FROM RESIDENTIAL-
TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-01) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and
WHEREAS, Ivonne Reynosa has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 7890 W. 38th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates a portion along W. 38th Avenue, including the subject site, as a transition between low intensity residential uses and higher intensity commercial uses and a priority for the conversion of underutilized properties to serve as a mix of residential and small scale commercial developments;
and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 6, 2023, and voted to recommend approval of the rezoning to Mixed Use-Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Ivonne Reynosa for approval of a zone change
ordinance from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N), located at 7890 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land:
LOT 1, ANTHANASOPOULOS CONSOLIDATION
COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 10th day of April 2023, ordered it published with Public Hearing and consideration on final passage set for Monday, May 8, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2023. SIGNED by the Mayor on this _______ day of _______________, 2023.
______________________________________ Bud Starker, Mayor ATTEST:
_______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form
_______________________________________ Gerald Dahl, City Attorney
1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date:
ITEM NO: 3
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD THE 2023 BRIDGE REPAIR PROJECT
ON YOUNGFIELD STREET OVER CLEAR CREEK TO
TECHCON INFRASTRUCTURE, LLC OF DENVER,
COLORADO, AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $469,911, WITH A CONTINGENCY AMOUNT OF $46,991, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $516,902 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 2023 Bridge Repair Project will perform critical maintenance to the Youngfield Bridge over Clear Creek. This work will not modify the structure or add any features such as sidewalks. Four
bids were received for this work in response to an Invitation to Bid. Staff recommends awarding a contract to the lowest responsive bidder, TechCon Infrastructure, LLC. of Denver, Colorado in the amount of $469,91 plus a staff-managed contingency of $46,991 for a total not-to-exceed amount of $516,902. PRIOR ACTION: None
Council Action – 2023 Bridge Repair Project April 10 , 2023
Page 2
FINANCIAL IMPACT: $700,000 was budgeted for construction of this project in the 2023 Bridge Maintenance Projects budget line item 40-101-800-805 from the Urban Renewal Authority (URA) bond funds. Because
the Youngfield Bridge is within the URA boundary, the 2023 Bridge Maintenance project is being
funded from Fund 40 instead of Fund 30 (CIP). The city contracted with EST, Inc. to prepare the necessary plans and specifications. This work cost $67,000 and was also funded from Fund 40. EST prepared an Engineer’s Estimate, prior to
bidding, of $566,850.88. An Invitation to Bid for this project was issued on December 21, 2022.
Five bids were received in response and opened on February 3, 2023. The bid from TechCon Infrastructure, LLC of Denver, Colorado represents the lowest responsive and responsible bid. The low bidder’s price was $469,911 or $96,939.88 less than the Engineer’s
Estimate.
Bidder Bid Amount
TechCon Infrastructure, LLC $469,911.00 Hallmark, Inc. $486,998.00
Myers & Sons Construction, LP $556,077.00
Abco Contracting, Inc. $612,159.00 Lobato Construction, LLC $838,000.00
Engineer’s Estimate $566,850.88
Amount under Engineer’s Estimate $96,939.88
A 10% staff-managed contingency of $46,991 is recommended to account for unknown
circumstances that might be encountered on the project. This 10% contingency will only be utilized, if necessary, to account for items not already in the plans. Construction Budget $700,000.00
Contract Amount $469,911.00 10% Contingency $46,991.00
Total not-to-exceed Costs $516,902.00
Available Remaining Budget $183,098.00
Additional work will be required to mitigate some scour issues around one of the bridge piers, in the creek bed, as well as make the existing handrail safer by adding wire mesh to the fence. This work will be bid and contracted for separately. BACKGROUND: The city owns and maintains 11 bridges. These are inspected every three years by the Colorado Department of Transporation (CDOT) which provides a report showing deficiencies and maintenance needs. This bridge was last rated in 2021 and showed the need to address deterioration
Council Action – 2023 Bridge Repair Project April 10 , 2023
Page 3
of the bridge joints and one of the pier caps as well as address scour mitigation around one of the bridge piers. This project will add expansion devices to the existing bridge to increase durability. Currently, there are no expansion devices, so the asphalt at the beginning and end of the bridge is
cracking, allowing water to seep through to the abutment. In order to prevent this, approach slabs
with sleeper slabs are being constructed to accommodate expansion devices. The contractor will supply all labor, equipment, and materials necessary to complete the work in accordance with the project plans and specifications. TechCon Infrastructure has successfully
performed similar work for other local municipalities. The company’s references and experience
were evaluated by Public Works staff and were found to be favorable. Project Schedule The contract terms stipulate eighty (80) working days to complete the work. Assuming that a
Notice to Proceed is issued around May 1, 2023 the project would be completed by approximately
August 25, 2023. RECOMMENDATION: Staff recommends that City Council approve, by motion, a contract with TechCon Infrastructure,
LLC. in the amount of $469,911 for the 2023 Bridge Repair Project, with allowance for a 10%
staff-managed contingency in the amount of $46,911. RECOMMENDED MOTION: “I move to award the 2023 Bridge Repair Project and approve subsequent payments to TechCon
Infrastructure, LLC in the amount of $469,911, with a contingency amount of $46,911 for a total
not to exceed amount of $516,902.”
Or,
“I move to deny award of the 2023 Bridge Repair Project to TechCon Inc of Denver, Colorado for
the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Russell P. Higgins, Civil Engineer II Whitney Mugford-Smith, Procurement Manager
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager ATTACHMENT: 1. Contract with TechCon
ITB-22-Bridge Repair: Youngfield Street over Clear Creek
Contract #0646
THIS AGREEMENT made this day of April 2023 by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the “City” or “Owner” and TechCon Infrastructure, LLC, 275 E. 64th Ave. Ste. 100,
Denver, CO 80221 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 of the professional services and
construction work regarding the Bridge Repair work at Youngfield St. over Clear Creek required as per the
agreed upon Statement of Work (Exhibit A) incorporated herein by reference.
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.
Completion is expected with eighty (80) working days of notice to proceed, per the Statement of Work.
The City may, upon mutual written agreement by the parties, extend the time of completion of services to be
performed by the Consultant, if needed.
The agreement may be automatically renewed only 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 sixty-nine thousand, nine
hundred eleven dollars, ($469,911.00) as full payment for such services.
Pricing will remain firm for each renewal period.
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)
ATTACHMENT 1
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.
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 be 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: Russ Higgins Ed Callejo
Office Phone: 303-205-7626 303-600-3727
Email Address: rhiggins@ci.wheatridge.co.us ecallejo@trusttci.com
Address: 11220 W 45th Ave. 275 E. 64th Ave. Ste. 100
City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80221
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 18 - 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 19 – OWNERSHIP OF CONTRACT PRODUCTS
All products produced from the awarded contract will be the sole property of the City.
ARTICLE 20 - 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 21 – 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
______________________________________ __________
Maria D’Andrea, Director of Public Works Date Signed
______________________________________ __________
Patrick Goff, City Manager Date Signed
ARTICLE 22 – 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 shall 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
APPROVED AS TO FORM: NAME
ADDRESS
CITY, STATE, ZIPCODE
GERALD DAHL, CITY ATTORNEY
AUTHORIZED SIGNATURE
ATTEST TO CONTRACTOR:
PRINTED NAME
NAME
TITLE
TITLE
DATE
DATE
Your signature here
ITEM NO: 4
DATE: April 10, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 20-2023 – A RESOLUTION IN
OPPOSITION TO STATEWIDE LAND USE AND ZONING PREEMPTIONS IN SENATE BILL 23-213 UNLESS AMENDED TO ADDRESS LOCAL CONCERNS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ City Manager ISSUE: The State of Colorado has committed both in statute and in state constitution to the local control
of land use planning and zoning because local governments are closest to the land and to the
people that occupy it. Senate Bill 23-213 would place statewide mandates on local land use matters and substitute the judgement of legislators and state regulators who lack the understanding needed to make the right decisions for Wheat Ridge. SB 23-213 will undermine long-range planning efforts and will severely limit the City’s ability to maintain reasonable
zoning regulations to ensure a high quality of life and sound economic environment for our
current and future residents, workers, and business owners.
Wheat Ridge supports efforts to address housing affordability and has already implemented many of the concepts advanced in the bill including accessory dwelling units, transit-oriented development, and increased densities on commercial corridors. In addition, the City adopted an
Affordable Housing Strategy and Action Plan on January 9, 2023 as a guiding document to
address housing affordability in Wheat Ridge. As recommended in this Plan, the City has created a housing fund with a dedicated revenue source to preserve affordable housing units in Wheat Ridge.
Council Action Form – City of Wheat Ridge Opposition to SB 23-213 April 10, 2023
Page 2
SB 23-213 needs significant revisions so there are safeguards to ensure that increases in housing supply adequately address the issue of affordability. Wheat Ridge is committed to working with
the Governor’s office, the legislature, the counties, and other communities to formulate solutions
that address the issue in a comprehensive, reasonable and fair manner. We oppose SB 23-213 until it is amended to address these concerns.
PRIOR ACTION: None
FINANCIAL IMPACT:
None
BACKGROUND: SB 23-213 includes several subjects but primarily focuses on a central theme: municipal zoning laws caused the housing crisis by not permitting unfettered residential construction and by trying
to protect communities and resources. The bill attempts to draw a line from local zoning laws
affecting individual parcels of land in dozens of municipalities to “regional imbalances” that “affect equity, pollution, infrastructure costs, and quality of life.” The bill does not question the state’s involvement in actual statewide problems, but asserts that state regulation of hyper-local matters, imposed through over a dozen regulatory actions with insufficient process, will improve
these imbalances and presumes that there will not be significant unintended consequences. There
are no provisions in SB 23-213 that will require or guarantee the development of affordable housing units in Colorado. RECOMMENDATIONS:
It is the position of the City of Wheat Ridge that municipalities are best suited to determine
appropriate zoning laws for their communities and that collaboration and cooperation – not top-down statewide mandates and giveaways to special interests – are the solution to Colorado’s affordable housing problem. Staff recommends approval of this resolution opposing SB 23-213 unless amended.
RECOMMENDED MOTION: “I move to approve Resolution No. 20-2023, a resolution in opposition to statewide land use and zoning preemptions in Senate Bill 23-213 unless amended to address local concerns.”
Or,
“I move to postpone indefinitely Resolution No. 20-2023, a resolution in opposition to statewide land use and zoning preemptions in Senate Bill 23-213 unless amended to address local concerns, for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Patrick Goff, City Manager
Council Action Form – City of Wheat Ridge Opposition to SB 23-213 April 10, 2023
Page 3
ATTACHMENTS: 1. Resolution 20-2023
2. Statement of Principles on Land Use and Housing Affordability
3. CML Analysis of SB23-213, Land Use
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2023 TITLE: A RESOLUTION IN OPPOSITION TO STATEWIDE LAND USE AND ZONING PREEMPTIONS IN SENATE BILL 23-213 UNLESS AMENDED TO ADDRESS LOCAL CONCERNS
WHEREAS, for a century, the State of Colorado has committed both in statute and in the state constitution to the local control of land use planning and zoning because local
governments are closest to the land and to the people that occupy it; and
WHEREAS, Senate Bill 23-213 would place statewide mandates on hyper local land use matters and substitute the judgment of legislators and state regulators who lack the
understanding needed to make the right decisions for our community; and
WHEREAS, Senate Bill 23-213 will undermine long-range planning efforts and will severely limit our ability to maintain reasonable zoning regulations to ensure a high quality of life and sound economic environment for our current and future residents, workers, and business owners; and
WHEREAS, Senate Bill 23-213 silences the voices of our residents by taking away the right to be heard at public hearings on zoning matters or to use their constitutional rights of initiative or referendum to address zoning and land use matters; and
WHEREAS, the City of Wheat Ridge was awarded a grant from the Department of Local Affairs in 2021 to complete an Affordable Housing Strategy and Action Plan (“Action Plan”); and
WHEREAS, the Wheat Ridge City Council adopted this Action Plan on January 9, 2023
as a guiding document to address housing affordability in Wheat Ridge; and
WHEREAS, the Action Plan recommends several local solutions to address housing affordability in Wheat Ridge, none of which include statewide mandates which violate the local
control on land use planning and zoning.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
1. It is the position of the City of Wheat Ridge that municipalities are best suited to determine
appropriate zoning laws for their communities and that collaboration and cooperation – not top-down statewide mandates and giveaways to special interests – are the solution to Colorado’s affordable housing problem.
2. The City of Wheat Ridge opposes Senate Bill 23-213, unless amended, and strongly urges its legislators to vote NO on this unprecedented and irresponsible preemption.
DONE AND RESOLVED this ____ day of April 2023.
Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
●LOCAL GOVERNMENT’S ROLE — Local governments are uniquely positioned to help address the housing
crisis because of their understanding of their communities’ needs and their understanding of planning, land use,
infrastructure, and community development. Many local governments already have robust programs in place to
promote safe, healthy, equitable, and affordable living.1
●STATE GOVERNMENT’S ROLE — State government impacts local efforts to promote safe, healthy,
equitable, and affordable living through its role in administering water rights,2 supporting integrated transportation
systems,3 protecting public health and the environment,4 establishing building codes5 and the use of state lands.
●NO ONE-SIZE-FITS-ALL APPROACH — There is no top-down, one-size-fits-all solution that is going
to solve the housing crisis in Colorado. While commonalities may exist amongst some local jurisdictions or
within certain regions, Colorado communities are quite diverse and have unique challenges and opportunities.
Land use and housing development are incredibly complex processes that require local planning, oversight, and
implementation; but these processes are also impacted by state government policies and distribution of resources.
A top-down approach can’t balance the needs of each Colorado jurisdiction and does not consider how local
government can provide thoughtful, community-based decision making.
●INCREASING HOUSING SUPPLY (QUANTITY) DOESN’T GUARANTEE AFFORDABILITY, EQUITY
OR EFFICIENCY — Merely increasing the amount of housing does not guarantee affordability will be achieved.
Nor does it protect against displacement of residents or promote smart, efficient growth practices. In fact, simply
increasing quantity without considerations could actually lead to more inefficient urban sprawl, displacement
of under-represented communities, and higher cost of living for those displaced into remote areas of the state.
Deed restrictions and other regulatory mechanisms to promote affordability should be considered in any
proposed solutions, as well as policies that promote smart, efficient growth while taking into account equity and
displacement risks.
1 See the 2018 Local Government Handbook at https://leg.colorado.gov/sites/default/files/2018_local_government_handbook_with_cover_0.pdf
2 See Colorado Division of Water Resources, Department of Natural Resources at https://dwr.colorado.gov/services/water-administration
3 See Colorado Department of Transportation at https://www.codot.gov/about/mission-vision and https://www.codot.gov/about/transportation-facts
4 See Colorado Department of Public Health and Environment at https://cdphe.colorado.gov/strategic-plan
5 See Colorado Energy Office, Building Energy Codes at https://cdphe.colorado.gov/strategic-plan and Colorado Wildland-Urban Interface at https://csfs.colostate.edu/wildfire-mitigation/colorados-wildland-urban-interface/
Statement of Principles
on Land Use & Housing Affordability
ATTACHMENT 2
● INCREASING DENSITY DOESN’T GUARANTEE AFFORDABILITY, EQUITY OR EFFICIENCY —
Increasing density may be an appropriate planning strategy in some urbanized neighborhoods – especially those
with access to transit and workplaces; but density may not be possible or appropriate everywhere, especially in
rural or suburban communities that lack adequate infrastructure, transit, government services and employment
centers. Further, density does not necessarily lead to affordability; rather, density in costly areas could increase
property values and rents. Any considerations of density must be context sensitive.
● MANDATORY USE BY RIGHT CONFLICTS WITH COLORADO’S TRADITION OF LOCAL CONTROL
— State preemption of land use authority by mandatory “uses by right” will hinder local governments’ ability to
incentivize affordability and private investment in community development. Simply put: “use by right” preemption
removes all local government “carrots,” leaving local governments with only “sticks” to require affordability and
additional private investment. When carrots are removed, private sector investors and developers will focus
efforts in areas that don’t have affordability or investment requirements (the “sticks”). In addition, mandatory
“use by right” should not be a means to by-pass state and local requirements that protect health, safety,
and sustainability (e.g., DNR -Water, CDPHE, CDOT, building codes, setbacks, and bio-hazards/environmental
protections). Finally, allowing lot splits, upzoning, and other development as “use by right” doesn’t guarantee
affordability and it doesn’t increase capacity to meet the increased demand from expanded density.
● LEVERAGE AND EXPAND EXISTING AND NEW STRATEGIES — Many public and private sector
strategies exist to address affordable housing. Recently, Colorado voters approved Prop. 123, which is just
beginning implementation; while HB21-1271’s innovative affordable housing strategies are just gaining traction6 and
the Middle Income Housing Authority is just opening for business. In addition, there are many existing programs
designed to increase affordable home ownership, such as first-time homebuyer savings accounts,7 down payment
or closing cost assistance programs,8 and more.9 Other programs help reduce cost of development, such as low
interest loans, tax credits, trusts, funds, grants, and bonds.10 Many of these proven resources are underutilized
(and should be promoted) or overburdened (and should be given more support). State programs for promoting
regional cooperation and providing technical support for local governments need to be prioritized to enable local
governments to best meet the current challenge.
● PLANNING IS KEY — Local governments have a statutory duty to make and adopt master/comprehensive
plans for the development of the jurisdiction. While not currently required, local government master plans can
include a variety of elements that encourage a jurisdiction to address important factors impacting housing, growth,
natural resources, and the environment.11 It may be worth exploring opportunities to enhance the effectiveness
of local plans to promote affordability, smart and efficient growth practices, water and other resource allocation/
conservation, and environmental protections. The state should support such efforts by providing technical and
financial assistance to increase local government planning capacity and promotion of best practices.
6 See Innovative Affordable Housing Strategies, Colorado Department of Local Affairs at https://cdola.colorado.gov/1271
7 See Colorado Association of REALTORS, First-Time Homebuyer Savings Accounts at https://www.coloradorealtors.com/wp-content/uploads/2017/01/First-Time-Homebuyer-QA.docx.pdf
8 See Colorado Housing and Finance Authority (CHFA) Down Payment Assistance Grant and Second Mortgage Loan at https://www.chfainfo.com/homeownership
9 See HUD’s State Directory of Homeownership Assistance programs at https://www.hud.gov/states/colorado/homeownership/buyingprgms
10 See https://developers-guide.chfainfo.com/funding-sources-inventory
11 See Colorado Department of Local Affairs, Master Plan Primer at https://drive.google.com/file/d/0B-vz6H4k4SESZ1ZJTXg0cXNIRlk/view?,authuser=0&re sourcekey=0-MDnVzpcstC1ttWotN5pRYA and https://law.justia.com/codes/colorado/2020/title-30/article-28/section-30-28-106/ and https://law.justia.com/codes/colorado/2016/title-31/powers-and-functions-of-cities-and-towns/article-23/part-2/section-31-23-206
● WATER AND SANITATION ARE AN ABSOLUTE NECESSITY — Diminishing water availability is a limiting
factor in future development. Access to public water and sanitation is a challenge in many communities, while
reliability of ground water (wells) is uncertain due to diminishing ground water sources. Water and sanitation tap
fees have increased dramatically in recent years as water and sanitation providers struggle to keep up with growth,
comply with increasingly stringent State and Federal water quality standards, maintain existing infrastructure,
recoup expenses for acquiring water rights, and build out new infrastructure. Arbitrary upzoning and lot splits
do not magically create more capacity or access to water and sanitation services. Instead, they will put greater
demands on existing systems. Careful, context-specific planning needs to occur around the topic of water and
sanitation services.
● UNFUNDED MANDATES CREATE UNWANTED FAILURE — Local governments oppose unfunded
mandates or restrictions on cost recovery that require local governments and their taxpayers to bear the direct
and indirect costs of development.
● EVERYONE CAN PROMOTE MORE RESPONSIBLE GROWTH MANAGEMENT PRACTICES — Local
governments in Colorado acknowledge the need to improve growth management and are already responding to
the problem. Discouraging urban sprawl, encouraging efficient use and conservation of natural resources, and
investing in public infrastructure and transit can help promote affordable, safe, and healthy living, while addressing
serious long-term environmental risks.
Page 1
CML Analysis of SB23-213, Land Use
F INTRODUCTION
Senate Bill 23-213 includes several subjects but primarily focuses on a central theme: municipal zoning laws caused the
housing crisis by not permitting unfettered residential construction and by trying to protect communities and resources.
The bill attempts to draw a line from local zoning laws affecting individual parcels of land in dozens of municipalities to
“regional imbalances” that “affect equity, pollution, infrastructure costs, and quality of life.” The bill does not question the
state’s involvement in actual statewide problems, but asserts that state regulation of hyper-local matters, imposed through
over a dozen regulatory actions with insufficient process, will improve these imbalances and presumes that there will not
be significant unintended consequences. This analysis is not a complete list of problems in the bill but represents the most
significant elements.
F CML ANALYSIS:
LAND USE BILL WOULD DO LITTLE TO MAKE HOUSING AFFORDABLE
Section 2 of SB23-213 creates a new article 33 in title 29 that imposes top-down standards on some local governments to
remove local zoning authority. Despite being titled as requirements for affordable housing, Section 2 doesn’t require affordability
at all and is premised on speculation that developers will build more housing, either passing savings along to Coloradans or
causing a market-based decline in housing costs. Section 2 begins with overbroad and complex definitions and continues to
address assessments and planning before imposing mandates and preempting authority to zone land for particular uses.
An uneven strategy
The bill largely applies only to municipalities, and then only to some municipalities and in differing degrees. Municipalities
are classified into four basic groups that do not cover all municipalities. The bill’s requirements apply to each category, and
then subsets of categories, to differing degrees in each part. Identifying where a municipality is classified is a complicated
process requiring reference. Whether the bill addresses actual problems in the municipalities included in each category or
causes more problems in those municipalities will be difficult to determine. See the last page of this analysis for a list of
affected municipalities, reported by Colorado Public Radio.
ATTACHMENT 3
Page 2
The bill grants broad regulatory authority to DOLA
The bill contemplates dozens of regulatory actions, primarily by DOLA. The bill appropriates $15 million dollars to DOLA;
however, it is not clear how that funding will be expended and whether funding for the various regulatory actions is included.
First, the Director of DOLA is tasked with issuing multiple methodologies, guidance, “menus” of strategies, statewide
strategic growth objectives, model codes, rules, and minimum standards based on the recommendation of a “multi-agency
committee” of executive appointees. Although the bill does not outline a public comment process, DOLA will undergo a
rulemaking process that may include a public comment period. The committee’s recommendation only involves a limited
public process involving public comment, consultation with local governments and experts, and only two hearings, despite
having statewide impact and addressing extremely local issues (29-33-108(2)). The bill does not specify which local
governments and “local experts” will be consulted, and it is seemingly up to the committee members to choose those experts
without any guidelines. There are no requirements to ensure inclusivity, such as meetings during varying hours, meetings in
different geographic locations, or outreach to educate and explain proposed recommendations.
Geographic Classification of Municipalities
` Tier 1 Urban
Municipality (T1UM)
Tier 2 Urban
Municipality (T2UM)
Rural Resort
Job Center (RRJC)
Non-urbanized
Municipality (NUM)
In an MPO with a population
of at least 1 million
10% of territory in urbanized
area with population over
75,000; and
A population of at least 1,000; or
In an MPO with a population under 1 million; and
A population of at least
25,000
Within an MPO
A population between 5,000-25,000; and
In a county with a population
of at least 250,000
Not within an MPO
A population of at least
1,000
1,200 jobs and a jobs-to-population ratio of at least 64-hundredths; and A transit stop serviced by a transit agency serving two municipalities with at least 20 trips per day
Not within the definition of
an urban municipality or a
rural resort job center; and
A population of at least 5,000
Page 3
Second, the Director of DOLA is granted authority to modify statutory minimum standards relating to accessory dwelling
units (ADUs), middle housing, housing in transit-oriented areas, and housing in key corridors. Only token consideration of
process is provided.
Third, DOLA is tasked with a substantial amount of new oversight and enforcement responsibility with the receipt, review,
and approval of various reports, codes, and draft and final plans.
In addition to DOLA, the Office of Climate Preparedness is directed to develop a natural and agricultural land priorities
report that MPOs should apply to achieve connectivity of open space and natural lands and preservation of agricultural
land and open space. Counties and municipalities must include natural and agricultural priorities in their master plans in
accordance with the state’s mandate.
Ambiguous mandates for housing needs assessment & planning
The bill asserts that “assessing and planning for housing needs” is a matter of mixed state and local concern. DOLA will issue
methodologies for developing state, regional, and local “housing needs assessments” and then create the assessments every
5 years, beginning December 31, 2024. DOLA will allocate shares of statewide housing needs to regions defined by DOLA and
local governments. DOLA will also use local housing needs assessments to mandate “net residential zoning capacities” for key
corridors in tier 1 urban municipalities and rural resort job centers (see below for a more detailed analysis).
T1UM, T2UM, and RRJC municipalities must use DOLA’s local and regional assessments to inform any required “housing
needs plans.” DOLA will create guidance for these plans, but the bill includes procedural and extensive, but ambiguous,
substantive mandates for their development and adoption, including requirements to describe compliance with the bill’s
mandates and a “greenfield development analysis.” The greenfield development analysis relies on undefined “statewide
strategic growth objectives” also developed by DOLA. The bill’s limited direct connection to affordability and displacement
includes requirements to include a varying number of strategies regarding those issues from state-created “menus” (also
developed by DOLA), although RRJC are not required to address displacement. None of the items in the menus provide
additional authority to municipalities beyond existing law and given the bill’s other restrictions, may inhibit existing authority
to plan communities and ensure affordability.
Housing needs plans, a greenfield development analysis, and a concept of natural and agricultural land priorities consistent
with state requirements must be included in master plans for T1UM, T2UM, and RRJC.
Counties and municipalities that DOLA groups into rural resort regions are required to participate in “regional housing
needs planning process” resulting in a report and commitments that DOLA must review and approve. The bill suggests that
this process will encourage participants to address needs through individual or regional strategies, including strategies from
“menus” and locations where reduced parking requirements can reduce housing needs. The process will map locations where
Article 33’s minimum standards for middle housing, transit-oriented areas, and key corridors could meet needs, but later the
bill actually indicates that this map would dictate where middle housing standards apply in RRJCs.
Burdensome reporting standards
T1UM, T2UM, and RRJC must collect, track, maintain, and report to DOLA an overwhelming amount of data beginning
December 31, 2026. These municipalities must report both the number of permits for new housing and the number of housing
construction starts each categorized by structure type, time frames to complete residential permit reviews by housing type,
workforce assigned to development review by position time, implementation status of strategies identified in a housing needs
plan mandated by the law, zoning information specifying zone districts, allowed uses and densities and “other data,” and
regional efforts to address housing needs.
Page 4
“Use by right” would supersede local control
In removing the legislative discretion of municipal governing bodies in making zoning decisions, the bill removes a traditional
elements of zoning authority to consider — in their best legislative judgment — consistency with plans, compatibility
or harmony of surrounding land uses and development, and strategies for mitigating project impacts. Each of the zoning
preemptions also includes a concept of a “use by right,” meaning the development approval relies only on “objective
standards” that lack any discretionary component. Objective standards prohibit any personal or subjective judgment by a
public body or official and must be “uniformly verifiable or ascertainable by reference to an external or uniform benchmark
or criterion” that is known before filing of the proposal. Not only does this inhibit local officials from exercising traditional
authority, but it also potentially prevents municipalities making critical changes to land use laws to protect their communities
that might apply to a pending project.
Zoning preemption No. 1:
Accessory dwelling units — T1UM, T2UM, RRJC, NUM
The bill declares “an increased supply of housing through accessory dwelling units” to be a matter of mixed state and local
concern but reflects inadequate study of how ADUs are treated in all subject jurisdictions or what the supply would look
like if the bill is enacted. Under the bill, an ADU is an internal, attached, or detached “dwelling unit” providing complete
independent living facilities for at least one person that is located on the same lot as a primary residence with provisions for
living, sleeping, eating, cooking, and sanitation.
By December 31, 2024, a T1UM, T2UM, and RRJC must change their local laws concerning ADUs to meet the bill’s minimum
standards (as may be modified by DOLA) or adopt DOLA’s model ADU code. The municipalities must report their compliance
by that date, subject to DOLA review and approval. Failure to adopt meet the minimum requirements by June 30, 2025, or
DOLA’s rejection of the jurisdiction’s report, means the model code goes into effective immediately; no provision is made
for who makes this determination or whether it can be disputed. If the model code is adopted, it must be implemented using
“objective procedures” and the municipality cannot have any “local law” that would contravene it. The bill does not account
for potential citizen referendum and expressly seeks to preempt local zoning ordinances enacted pursuant to Article XX,
Section 6 of the Colorado Constitution.
Developed by June 30, 2024, DOLA’s model ADU code will allow ADUs as a “use by right” anywhere a municipality allows
single-unit detached dwelling units as of January 1, 2023. The code will provide “objective standards” for approval of the units,
so that officials cannot evaluate local conditions to determine if the ADU will cause an unfair burden or be incompatible. The
model code cannot require new off-street parking in any subject jurisdiction, even if the ADU is in an area without adequate
parking or transit. The model code is not subject to the same minimum standards that apply to municipalities that do not
adopt the model code.
The bill establishes minimum standards that attempt to preempt local law if the model code is not voluntarily adopted. DOLA
can update minimum standards through rulemaking under an ambiguous “public hearing and comment process.”
ADUs are not required to be permitted on the same lot or parcel as middle housing.
Other exemptions apply for parking spaces required by the Americans with Disabilities Act, short-term rental rules, and
historic districts.
Page 5
Zoning preemption No. 2:
“Middle housing” — T1UM and RRJC
The bill declares “an increased supply of housing through middle housing” to be a matter of mixed state and local concern
but reflects inadequate study of how “middle housing” is treated in all subject jurisdictions or what the supply would look
like if the bill is enacted. Under the bill, “middle housing” is either a single structure with 2-6 separate dwelling units (duplex
through sixplex), a townhome, or cottage cluster. A townhome is a dwelling unit in a row of 2 or more attached dwelling units
on individual lots with common walls. A cottage cluster is a grouping of at least 4 detached units with a common courtyard,
with each unit being smaller than 901 square feet.
By December 31, 2024, a T1UM, and by December 31, 2026, a RRJC, must change their local laws concerning middle
housing to meet the bill’s minimum standards (as may be modified by DOLA) or adopt DOLA’s model middle housing
code. The municipalities must report their compliance by that date, subject to DOLA review and approval. Failure to
adopt the minimum requirements by June 30, 2025, for a T1UM, or by June 30, 2027, for a RRJC, or DOLA’s rejection of
the jurisdiction’s report, means the model code goes into effect immediately; no provision is made for who makes this
determination or whether it can be disputed. If the model code is adopted, it must be implemented using “objective
procedures” and the municipality cannot have any “local law” that would contravene it. The bill does not account for
potential citizen referendum and expressly seeks to preempt local zoning ordinances enacted pursuant to Article XX, Section
6 of the Colorado Constitution.
Developed by June 30, 2024, DOLA’s model middle housing code will allow middle housing as a “use by right” anywhere the
municipality allows single-unit detached dwelling units as of January 1, 2023. The code will provide “objective standards” for
approval of the units, so that officials cannot evaluate local conditions to determine if the housing will cause an unfair burden
or be incompatible. The model code cannot require new off-street parking in any subject jurisdiction, even if the housing is
in an area without adequate parking or transit. The model code is not subject to the same minimum standards that apply to
municipalities that do not adopt the model code.
The bill establishes minimum standards that attempt to preempt local law if the model code is not voluntarily adopted.
Minimum Standards for ADUs
ADUs of the greater of
800 square feet or 50% of
the primary residence must
be allowed as a “use by right”
anywhere the municipality
allows single-unit, detached
dwelling units as of January
1, 2023.
Only “objective standards
and objective procedures
can apply,” meaning that
officials cannot evaluate local
conditions to determine if
the ADU will cause an unfair
burden or be incompatible.
Municipalities must allow
additions to, or conversions
of, existing single detached
dwelling units and must
apply the same design
standards that apply to single
detached dwelling units.
Municipalities cannot have
local laws that treat ADUs
more restrictively, “create
unreasonable costs or delays”
or make ADUs “infeasible,”
require that primary resi-
dences be owner-occupied,
require new off-street park-
ing (in T1UM and T2UM), or
require side or rear setbacks
of more than 5 feet unless
needed for health or safety
standards.
Page 6
DOLA can update minimum standards through rulemaking under an ambiguous “public hearing and comment process.”
Middle housing is not required to be permitted on the same lot or parcel as an ADU. Other exemptions apply for parking
spaces required by the Americans with Disabilities Act, short-term rental rules, and historic districts. Middle housing
requirements will not affect an inclusionary zoning ordinance unless it renders the “development of middle housing
financially infeasible.” The bill does not define “financially infeasible” and does not explain how a developer must prove that
the ordinance makes said development financially infeasible. This could make inclusionary zoning ordinances moot.
Zoning preemption No. 3:
Housing in “transit-oriented areas” — T1UM with fixed rail
The bill declares “an increased supply of housing in transit-oriented areas” to be a matter of mixed state and local concern
but reflects no study of how any of the subject jurisdictions treat the topic or what the supply would look like if the bill is
enacted. Under the bill, a “transit-oriented area” is a one-half mile boundary from some part of a fixed-rail transit station,
including parcels that have at least 25% of their area within the boundary. Unincorporated parcels are not included.
Minimum Standards for Middle Housing
Middle housing of at least 125% of
the building area of a single-unit
detached dwelling must be allowed as
a “use by right” anywhere the T1UM
allows single-unit detached dwell-
ing units as of January 1, 2023, or
wherever designated in the RRJC’s
regional housing needs plan (even if
the RRJC did not approve it).
Only “objective standards and
objective procedures can apply,”
meaning that officials cannot evaluate
local conditions to determine if the
middle housing type will cause an
unfair burden or be incompatible.
Municipalities must allow additions
to or conversions of existing single
detached dwelling units and must
apply the same design standards that
apply to single detached dwelling
units.
Municipalities must allow
properties to be subdivided using
objective standards and procedures.
Municipalities cannot have local
laws that treat middle housing more
restrictively, “create unreasonable
costs or delays” or make middle
housing “infeasible,” apply minimum
setbacks, lot widths, lot depths, lot
size standards, or maximum height
standards that are more restrictive
than single-unit detached dwellings
on the same property, require new
off-street parking, or impose foot-
print restrictions differently than
single-unit detached dwellings.
Page 7
The focus of this part of the bill is on multifamily housing (one or more buildings on one lot with separate living units for 3
or more households) and mixed-income multifamily housing (at least 10% of units are set aside for households earning no
more than 80% AMI). Although municipalities with inclusionary zoning ordinances can establish their own threshold and set
asides, the bill interferes by setting density standards and inconsistently restricts local inclusionary zoning ordinances based
on the financial effect on developers.
By December 31, 2024, a T1UM with a transit-oriented area must change their local laws concerning housing in transit-
oriented areas to meet the bill’s minimum standards (as may be modified by DOLA) or adopt DOLA’s transit-oriented area
model code. The municipalities must report their compliance by that date, subject to DOLA review and approval. Failure to
adopt meet the minimum requirements by June 30, 2025, or DOLA’s rejection of the jurisdiction’s report, means the model
code goes into effective immediately; no provision is made for who makes this determination or whether it can be disputed. If
the model code is adopted, it must be implemented using “objective procedures” and the municipality cannot have any “local
law” that would contravene it. The bill does not account for potential citizen referendum and expressly seeks to preempt local
zoning ordinances enacted pursuant to Article XX, Section 6 of the Colorado Constitution.
Developed by June 30, 2024, DOLA’s transit-oriented area model code will prohibit new-off street parking in transit-oriented
areas for multifamily or mixed-income multifamily development, allow minimum density as a “use by right” for multifamily
residential (at least 40 units per acre net density) and mixed-income multifamily (at least 60 units per acre net density).
Affordable units must be a similar size. This prevents T1UM jurisdictions from influencing multifamily development
according to local standards.
The bill establishes minimum standards that attempt to preempt local law if the model code is not voluntarily adopted.
Minimum Standards for Transit-Oriented Areas
A T1UM must legislatively create a zoning district for the transit-oriented area to allow multifamily housing as a “use by right” with a minimum gross density of 40 units per acre for all eligible parcels. Districts can extend outside the transit-oriented area to meet gross density requirements based on development constraints or other planning for transit-compatible uses.
Municipalities cannot have local laws that apply to “create unreasonable costs or delays” or make multifamily in a transit-oriented area or the residential density limits “infeasible” or require new off-street parking.
DOLA can update minimum standards through rulemaking under an ambiguous “public hearing and comment process.”
Other exemptions apply for parking spaces required by the Americans with Disabilities Act, short-term rental rules, and
historic districts. Transit-oriented area requirements will not affect an inclusionary zoning ordinance unless it renders the
“development of multifamily housing financially infeasible.”
Zoning preemption No. 4:
Housing in “key corridors” — T1UM and RRJC
The bill declares “an increased housing supply in key corridors” to be a matter of mixed state and local concern but reflects
no study of how any of the subject jurisdictions treat the topic or what the supply would look like if the bill is enacted. Under
the bill, a “key corridor” is an extraordinarily broad concept that is not limited to transit corridors and could undermine
the zoning and land use plans of an entire municipality. Key corridors include “frequent transit service areas” as mapped by
Page 8
DOLA (including in some cases anything within one-quarter mile of a bus route with certain service levels). Key corridors
also include any parcel in zone districts that permit commercial uses that are supposedly compatible with residential uses and
public or institutional uses. Key corridors also include anything zoned for a mix of uses other than industrial. The definitions
used in this part are likely inconsistent with many local zoning codes and could capture very large parts of a community.
The bill suggests some option for the municipality that does not adopt a model code to designate their own key corridors. The
bill extent of this discretion is not clear, and all minimum standards described for key corridors apply.
The focus of this part of the bill also focuses on multifamily housing (one or more buildings on one lot with separate living
units for 3 or more households) and mixed-income multifamily housing (at least 10% of units are set aside for households
earning no more than 80% AMI). Although municipalities with inclusionary zoning ordinances can establish their own
threshold and set asides, the bill interferes by setting density standards, set asides, and AMI requirements, and inconsistently
restricts local inclusionary zoning ordinances based on the financial effect on developers.
By December 31, 2026, T1UM and RRJC must change their local laws concerning housing in key corridors to meet the
minimum standards that DOLA must develop or adopt DOLA’s key corridor model code. The municipalities must report
their compliance by that date, subject to DOLA review and approval. Failure to adopt and meet the minimum requirements
by June 30, 2027, or DOLA’s rejection of the jurisdiction’s report, means the model code goes into effective immediately; no
provision is made for who makes this determination or whether it can be disputed. If the model code is adopted, it must be
implemented using “objective procedures” and the municipality cannot have any “local law” that would contravene it. The bill
does not account for potential citizen referendum and expressly seeks to preempt local zoning ordinances enacted pursuant
to Article XX, Section 6 of the Colorado Constitution.
Developed by June 30, 2024, DOLA’s key corridor model code will set minimum residential density limits for multifamily
housing as a “use by right,” an allowable minimum residential density limit for mixed-income multifamily housing at least
50% greater than the multifamily minimum density as a “use by right,” requirements for set asides for low- and moderate-
income households.
By June 30, 2025, DOLA will establish key corridor minimum standards that attempt to preempt local law if the model code
is not voluntarily adopted. The minimum standards appear to be targeted to take over municipal land use planning in broad
swaths of territory and must include: guidance to encourage regional strategies for key corridors, a “net residential zoning
capacity” for each municipality based on that municipality’s local housing needs assessment, and “any additional standards”
that DOLA “deems necessary,” like a minimum residential density limit and minimum district size.
Minimum Standards for Key Corridors
A T1UM must legislatively create a zon-ing district within key corridors to allow multifamily housing as a “use by right” that satisfies DOLA’s mandated net residential zoning capacity and require-ments that DOLA may impose.
A RRJC must allow multifamily hous-ing as a “use by right” wherever a key corridor is designated in the RRJC’s regional housing needs plan (even if the RRJC did not approve it).
Municipalities can allow different den-sity within the key corridor if minimum standards are satisfied.
Municipalities cannot have local laws
that apply to “create unreasonable costs
or delays” or make multifamily in a key
corridor “infeasible.”
For key corridors only, the bill prohibits
new off-street parking in key corridors for any use.
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Other exemptions apply for parking spaces required by the Americans with Disabilities Act, short-term rental rules,
and historic districts. Key corridor requirements will not affect an inclusionary zoning ordinance unless it renders the
“development of multifamily housing financially infeasible.”
What’s exempt from SB23-213?
Each part of the proposed article 33 of title 29 includes varying degrees of exemptions. Except for ADU requirements, a
common exemption is for “standard exempt parcels,” or those that are outside an urbanized area, not served by domestic
water or sewer treatment, have an agricultural zoning designation as of January 1, 2023, are noted as a “high risk, high very
high, or very high risk” for wildfire by the state forest service (which does not appear to include much land covered by the
bill), or in a floodway or 100-year floodplain identified by FEMA. The bill does not account for other local conditions.
For transit-oriented areas, standards also do not apply in park and open space or on properties subject to conservation
easements. For key corridors, standards also do not apply on a site that is on or adjacent to a site used or permitted for
industrial use or designated for heavy industrial use in a master plan adopted before 2023.
“Unreasonable costs or delays” and feasibility
Each of the zoning preemptions includes a dangerous concept that preempts any local land use law that “individually or
cumulatively create unreasonable costs or delays” or that would make the permitting, siting, or construction of the housing
type “infeasible.” This language recklessly exposes municipalities to significant liability, could undermine local efforts to
create affordable housing, and risks forcing the public to bear burdens that should be borne by developers. It is unclear
whether safety standards, impact fees, fees for water or municipal services, or other important local standards could fall prey
to this type of language. Several provisions in the middle housing, transit-oriented areas, and key corridor parts also suggest
that financial burdens on developers imposed by local inclusionary zoning ordinances will invalidate those local laws.
Interference
Each of the zoning preemptions includes another dangerous concept that would preempt a municipality from amending,
developing, or even interpreting a local law “in a manner that would interfere with the intent” of the part. Broad and careless
language could have significant unintended consequences and expose municipalities to significant risk.
Parking burdens
Each zoning preemption prohibits a municipality from requiring new off-street parking as part of a housing development
approval. The “key corridor” provision appears to prohibit parking requirements for any development approval in a key
corridor, not just housing. The bill does not limit these restrictions to any guarantee of public transit availability. The bill
does not identify where cars will go or how municipalities are to address the burdens on public streets, public safety, and
quality of life. Each zoning mandate permits parking standards required by the Americans with Disabilities Act.
Water, wastewater, and stormwater burdens
Each zoning preemption allows a municipality to apply to DOLA for an unclear “extension of applicable requirements”
based on deficient water, sewer, or stormwater “services.” The bill does not seem to account for any other burden on public
infrastructure or services. To obtain the extension, the municipality must have a plan to remedy the deficiency on a specific
timeline and must show that it cannot serve other, less efficient housing types than those provided in the mandate. The
provisions do not account for pre-existing service obligations to those other housing types or rights of their owners. These
provisions also do not consider long-term planning and suggest that municipalities must fund development to accommodate
the state mandate.
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Manufactured & modular housing
Section 3 requires the division of housing to create a report by June 30, 2024, on “opportunities and barriers” in current state
law concerning manufactured homes, modular homes, and tiny homes.
Sections 4 and 6 remove financial assurance requirements for manufacturers of factory-built structures (not necessarily
limited to residential structures). Under current law, those assurances are payable to the division if the manufacturer fails to
deliver a structure or refund a down payment or ceases doing business.
Section 5 adds “final construction plan reviews” to the scope of quality assurance representatives approved by the Division of
Housing relating to factory-built structures. The impact of this addition is not clear.
Section 11 amends current law to mandate that municipalities address manufactured and modular housing in the same manner
as site-built homes. Municipalities must use “objective standards” and an administrative review process equivalent to site-built
homes, unless a subjective review process is used for site-built homes. More restrictive standards than are applied to site-built
homes are prohibited, including zoning and subdivision laws and “other regulation affecting development” such as requiring
permanent foundations, minimum floor space, home size or sectional requirements, “improvement location standards,” and
side yard or setback standards. Despite allowing for equivalency with site-built homes, the bill removes existing language
that ensures authority to enact consistent zoning, developmental, use, aesthetic, or historical standards that are applicable to
existing and new housing. The categorization of municipalities in Section 2 does not apply to these amendments.
Preemption of planned unit development zoning
Section 7 amends the Planned United Development Act at CRS 24-67-105(5.5) to provide that PUDs with residential uses
cannot restrict ADUs, middle housing, housing in transit-oriented areas, or housing in key corridors in a manner prohibited
by the proposed article 33 of title 29. It is not clear whether this applies only to PUDs in jurisdictions covered by proposed
article 33 or more broadly.
Preemption of residential occupancy limits
Section 8 creates CRS 29-20-110 that would preempt counties and municipalities from placing residential occupancy limits
on “dwellings” that differentiate between occupants based on family relationship (other than short term rental restrictions).
Here, a “dwelling” is defined as any improved property used or intended to be used as a residence, but in Section 2 a different
definition of “dwelling” is used. (a single unit providing complete independent living facility
No commitment to use state-controlled property for affordable housing
Section 10 permits statutory municipalities to sell municipal property held for a government purpose (other than park
property) without an election if the purpose is to develop affordable housing. The categorization of municipalities in Section
2 does not apply to these amendments. The state makes no commitment to the use of state-controlled property for affordable
housing in the bill.
A narrowing of municipal zoning authority
In addition to Section 2’s broad preemptions and mandates, Section 13 bluntly narrows the traditional zoning authority of
municipalities by prohibiting T1UM and T2UM from imposing minimum square footage requirements for residential units
unless “necessary for health and safety” in the municipality. The bill would not allow those municipalities to address issues
relating to their communities’ welfare.
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Undefined process for creating master plans
Sections 9 and 12 amend Titles 30 and 31 regarding county and municipal master plans. The categorization of municipalities
in Section 2 does not apply to these amendments. Counties and municipalities must ensure an undefined “inclusive process”
by consulting with housing authorities, nongovernmental organizations, and local governments in the creation of the master
plan. Master planning already involves heavy public engagement.
Counties and municipalities must include, for plans after June 30, 2024, water items including the location and extent of
water supply, a water supply element and conservation policies, and priorities for natural and agricultural land in accordance
with the state’s natural and agricultural land priorities report. Counties over 250,000 in population must include a “greenfield
development analysis.”
Section 12 also addresses the inclusion of housing needs plans, a greenfield development analysis, and a concept of natural
and agricultural land priorities following the state’s natural and agricultural land priorities report.
DOLA must receive draft and final plans and is required to review plans for compliance.
New reporting requirements for water loss accounting
Section 14 requires covered entities (including municipal and special district water providers) to provide and validate water
loss audit reports to the Colorado Water Conservation Board. The board will adopt standards for validation of reports,
technical qualifications, and methods by January 1, 2025. Some funding is provided for assistance in validation and for
technical training and assistance to guide water loss programs.
Invalidation of HOA housing decisions
Section 15 would invalidate common interest community limitations on ADUs, middle housing, housing in transit-oriented
areas, and housing in key corridors.
Transportation planning and grants. Section 16 requires the transportation commission to include “statewide strategic
growth objectives relating to regionally significant transportation projects” in the ten-year plans for existing and future
transportation systems created under CRS 43-1-106(15)(d). It is not clear whether those objectives are the same created by
DOLA under Section 2.
Section 17 requires the department of transportation to ensure that grant prioritization criteria are “consistent with state
strategic growth objectives” by December 31, 2024. It is not clear whether those objectives are the same created by DOLA
under Section 2.
Section 18 requires regional transportation plans and the statewide transportation plan under CRS 43-1-1103, beginning
December 31, 2024, to address and ensure consistency with state strategic growth objectives. At least for the regional plans,
the objectives are those determined by DOLA under the proposed CRS 29-33-107.
Section 19 requires that projects funded from the multimodal transportation options under CRS 44-4-1103 be “consistent with
state strategic growth objectives.” It is not clear whether those objectives are the same created by DOLA under Section 2.
Inadequate funding
Section 20 appropriates $15 million for DOLA to provide technical assistance under the proposed CRS 29-33-111(3). The
extensive amount of code revision, reporting, plan development, and compliance with various mandates required by the bill
in covered municipalities has an unknown cost that would certainly exceed this funding. The funding will not address impacts
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to infrastructure, public services, and quality of life in municipalities or litigation costs arising from the bill. The funding does
not address the major overhaul of DOLA’s mission and authority.
Safety clause prevents voters from weighing in
Section 21 includes a safety clause, preventing voters from exercising the right of referendum. Local zoning ordinances on the
same issues covered by the bill are subject to the reserved constitutional power of referendum.
⊲ SUPPLEMENTAL INFORMATION
Communities by tier level
Tier-level table published by Colorado Public Radio, https://bit.ly/3FVlYio.