Miscellaneous.
Denver Revised Municipal Code § 20-84
in effectSec. 20-84. - Miscellaneous.
(a) Covered workers; intent. The intent of this division is to ensure the payment of a contract minimum wage to an expanded number of workers providing services to the city, or on city property pursuant to a covered contract, or pursuant to a negotiated contractual requirement. Unless specifically negotiated, it is not the city's intent to impose wage requirements for city contracts, or work pursuant to an otherwise covered contract (excepting catering services), that involves only the purchase of goods and non-professional services considered to be ancillary to the purchase of goods. For the purposes of this division, and except as described below, unless a city contract contains a negotiated contractual requirement specifying otherwise, a broker, entity or person that only supplies goods and/or transportation services incident to delivering goods to city property (including the use of common carriers) is considered a supplier and is not performing covered work pursuant to this division. Notwithstanding the foregoing, the provision of catering services is not the mere provision of goods pursuant to this division and may qualify as a covered service. It is also not the intent of this division to reduce any differing wage requirements established by federal or state law or that arise from or in connection with federal or state funding utilized or disbursed by the city, and such greater wage requirements and restrictions shall be controlling in the event of a conflict between a federal or state wage requirement and the requirements of this division. To the extent a federal or state law or agreement involving state or federal funding prevents or restricts application of this division for a particular contract, the terms of this division shall be limited to the extent it may be applied and enforced consistent with such restrictions. For purposes of clarity, the term city contract shall apply to use and lease agreements, services contracts, and other forms of agreement not excluded by the terms of this division.
(b) Covered contracts. Except as described in section 20-84(f), this division shall not apply to contracts executed by the city on or before the effective date of this ordinance, contracts for which procurement was initiated prior to the effective date of this ordinance, but which were executed after the effective date of this ordinance, and any renewals of the foregoing contracts, unless such contracts contain a negotiated contractual requirement or explicitly require a contractor to comply with future changes in law.
(c) Application of division to prevailing wage and Denver minimum wage. Nothing in this division shall be deemed to lessen any obligations of contractors to comply with the Denver Revised Municipal Code concerning payment of prevailing wage and/or the Denver minimum wage to covered workers. Should a prevailing wage or Denver minimum wage requirement for covered work be greater than the contract minimum wage requirement, the greater wage rate shall be paid. If the contract minimum wage requires payment of a higher wage rate than an applicable prevailing wage or Denver minimum wage requirement for covered work, the contract minimum wage shall be paid to any covered worker for all covered work.
(d) Responsibility of contractor. For a particular covered contract a contractor may engage subcontractors, individuals and other entities: to fulfill some or all of contractor's contractual obligations to the city; to perform covered services on city property pursuant to a covered contract; or in connection with an otherwise covered contract. Contractor shall be solely responsible for ensuring payment of the contract minimum wage to any and all agents and/or others performing covered services on contractor's behalf or on city property pursuant to a covered contract for purposes of compliance with this division. Contractor shall also be solely responsible for ensuring payment of the contract minimum wage if required to do so by a negotiated contractual requirement for purposes of compliance with this division. Contractors may seek indemnification or recovery from third parties for penalties a contractor incurs for failure to comply with the requirements of this division. However, any such rights shall in no way excuse a contractor from taking whatever steps are necessary to ensure compliance with this division by all persons providing services or engaging in covered work pursuant to a covered contract, nor serve as a basis for contractor to avoid payment of any monetary penalties or occurrence of other consequences for violations of this division.
(e) Definitions. For purposes of this division the following definitions shall apply:
"Catering services" shall mean services involving any of the following: preparation, packaging and delivery of meals for in-flight service to flight passengers; food inspection; cleaning of dishes, utensils or glassware; or cleaning or operation of facilities used for the preparation, packaging, or storage of meals;
"City" shall mean the City and County of Denver;
"City contract" shall mean a written contract between the city and a third party;
"City property" shall mean any city owned or leased buildings and any city-owned land;
"Complaint" shall mean a third-party complaint submitted pursuant to Section 20-82(e);
"Concession services" shall mean services involving any of the following: the commercial provision of consumer goods or services to the public, including, but not limited to: food and beverage services; cashier services; wait services; retail sales; retail customer services; lounge operation; kiosk operation; or concession cleaning services;
"Contractor" shall mean the entity or person that enters into a covered contract with the city;
"Covered contract" shall mean any city contract with a maximum contract amount in excess of fifty thousand dollars ($50,000.00) by which: (1) a covered worker provides covered services to the city; (2) which authorizes any covered services to occur on city property for more than thirty (30) consecutive days in a calendar year; or (3) which contains a negotiated contractual requirement;
"Covered work" shall mean covered services performed pursuant to a covered contract for which the contract minimum wage is required to be paid pursuant to this division;
"Covered worker" shall mean a person performing covered work, and as further described in section 20-84(d), includes persons employed by contractors, subcontractors, individuals and other entities fulfilling all or part of a contractor's contractual obligations to the city pursuant to a covered contract, which perform covered services on city property pursuant to a covered contract, and persons performing covered services in connection with a negotiated contractual requirement;
"Employ, employed, or employed by" means to suffer or permit to work;
"Employee" shall include, but not be limited to full-time employees, part-time employees, temporary workers, independent contractors and any other person employed by contractor or another person or entity to perform covered work;
"Goods" shall mean all things (including specially manufactured goods) which are movable during the term of a covered contract that are for sale other than the money in which the price is to be paid, investment securities, and things in action;
"Hospitality services" shall mean services involving any of the following: hotel cleaning or housekeeping; laundry; hotel desk clerk; or hotel porter;
"Intergovernmental agreement" shall mean any contract between the city and another governmental or quasi-governmental entity;
"Maintenance services" shall mean services involving any of the following conducted on city property: custodial; janitorial; window washing; aircraft cabin cleaning; solid waste removal; repairs; weed control; pest control; or recycling;
"Miscellaneous services" shall mean services involving any of the following: providing customer services as a ticketing agent, bag drop attendant or skycap; parking lot operation services; transporting or driving passengers via shuttle, wheelchair or cart; working as a cab starter; providing towing services; handling passenger baggage; or rental car-related activities, including, but not limited to, work performed by attendants, technicians, detailers/cleaners, and dispatchers;
"Negotiated contractual requirement" shall mean a mutually-negotiated term in a city contract that specifically requires a contractor to impose the terms of this division on persons or entities performing covered services not for the city or which otherwise would not constitute covered work pursuant to this division;
"Procurement" shall mean a competitive selection process by which the city identifies a vendor for provision of services to the city;
"Qualified small business contractor" shall mean a contractor that is a bona fide small business enterprise or non-profit entity that employs twenty-five (25) or fewer total full-time equivalents at any point during the term of a covered contract, including all of its divisions, subsidiaries, joint ventures, parent companies, and subsidiaries of parent companies and only applies to contractors for covered contracts with a maximum contract amount less than five hundred thousand dollars ($500,000.00);
"Ramp and cargo services" shall mean services involving any of the following: guiding aircraft in and out of the airport; coordinating aircraft loading and unloading positions; positioning and operating passenger, baggage, and cargo loading and unloading devices; handling baggage and cargo; screening cargo; aircraft maintenance; fueling and towing aircraft; cleaning ramp areas; or servicing aircraft equipment, mechanics and lavatories;
"Security services" shall mean services involving any of the following: general city property security; security of personal property located on city property, including, but not limited to, passenger aircraft; terminal security; or parking security;
"Supplier" shall mean a broker, entity or person not providing catering services that only supplies goods and/or transportation services incident to delivering those goods to city property (including the use of common carriers); and
"Tips" shall mean a verifiable sum presented directly and customarily by customers as a gift or gratuity in recognition of some service performed for customers by the person receiving the tip;
"Use and lease agreement" shall mean a lease of real property by an air carrier that authorizes commercial activity on city property;
"Wage-commitment agreement" shall mean a mutually-negotiated contract between the city and a third party non-profit entity ("counterparty") whereby counterparty agrees to pay all persons employed directly by counterparty at least the then-current contract minimum wage within six (6) months of the respective deadlines specified in 20-82(c) for any and all types of work. To preserve an exemption from the terms of this division, counterparty shall further require in all of counterparty's contractual agreements and relationships with other persons or entities entered into subsequent to the effective date of this ordinance, that any person who provides covered services to counterparty or in connection with a contract with counterparty, be paid a wage equal to or greater than the then-current contract minimum wage for all covered work as defined in this division.
(f) The city shall not extend the term of or amend a city contract that is not subject to the terms of this division due solely to the timing of contract formation as described in section 20-84(b), if city code, executive order or city charter requires council approval of such extension or amendment unless such extension or amendment requires compliance by contractor with the terms of this division during any extended term or subsequent to amendment or city council makes an express finding that such city contract should be extended or amended without a requirement that the contractor subsequently comply with the terms of this division. In addition to the foregoing, when a use and lease agreement is not subject to the terms of this division: (1) solely due to the timing of contract formation as described in section 20-84(b); and (2) contains a right allowing the city to extend the then-current term of the use and lease agreement at the city's discretion; then the city shall not exercise a discretionary option to extend the current term of such use and lease agreement unless contractor agrees to amend the use and lease agreement in a manner so that it is subject to this division during any and all extended term(s).
(g) The city may suspend or debar a contractor from participation in city contracting for a period as may be determined by the city, in its sole discretion, based upon grounds of violating this division, and pursuant to such suspension and debarment procedures as may be established by the city and as set forth in Denver Revised Municipal Code section 20-77. In that event, the city shall regard as nonresponsive any bid, proposal or competitive selection process proposal received during such time period that includes the contractor.
(h) The provisions of this division are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this division, or the application thereof to any contractor, person, entity or circumstance is preempted or otherwise prohibited by federal or state law or is held to be invalid, it shall not affect the validity of the remainder of this division, or the validity of its application to other persons or circumstances.
(Ord. No. 163-19, § 3, 3-11-19; Ord. No. 625-22, § 2, 6-20-22)
Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH20FI_ARTIVCOPUCO_DIV3.75MIWAPRWOASCO_S20-84MIFetched: 10/27/2026