HomeMy WebLinkAbout1990-03-05 (Regular) Meeting Agenda•
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March 5, 1990
Regular City Council Meeting
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
1. Call to Order
Regular Session
March 5, 1910
The regular Meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 p.M.
2. Invocation
The invocation was given by Father Welch, St. George's Episcopal Church.
3 . Pledge of Alla,iance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. loll Call
Present:
Absent:
A quoru. was present .
Also present:
S. "tnutes
(a) COUitll
MIIIITU Of M ••~
Ayes :
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Council Metlbers Hathaway, Koltay, Wiggins, Bullock ,
Van Dyke
Council Metlbers Clayton, Habenicht
City Manager Fraser
City Attorney DeWitt
City Clerk Crow
Director Fonda, Utilities
, -IT WAS Slc.r:D, TO APNOVE TH
RIIUAitv 20, lttO.
oltay , Hath •a_y , Wigg i ns, Bu lloc ,
tt r C un l.
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Englewood City Council Minutes
March 5, 1ggo -Page 2
(b) Council Member's Choice
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(i) Council Member Koltay presented a Resolution opposing Hou se
Bill 90-100B relating to restrictions on operations of Housing Authorities .
He explained that in his opinion the Bill has been proposed as a response to
the problems the City of Denver is experiencing with its Housing Authority,
and he stated that Englewood's Housing Authority has not had the same type of
problems. Even though the Bill could be beneficial to some Housing Author i-
ties, the Englewood Housing Authority is asking for Council's support to op -
pose the Bill. The Resolution was assigned a number and read by title:
RESOLUTION NO . 26 , SERIES OF 1990
A RESOLUTION OPPOSING HOUSE BILL 90 -1008 RELATING TO RESTRICTIONS ON OPERA -
TIONS OF HOUSING AUTHORITIES .
COUNCIL ...U ICOLTAY IIOVtD, Aim IT MAS S£CC11)£1), TO APPUVE RESOLUTION NO.
26, SEIIES OF lttO.
Ayes : Council Metlbers Koltay , Hathaway,
Van Dyke
Wiggins, Bullo ck,
Nays : None
Absent : Council Metlbers Clayton, Habenicht
Motion carried .
(11) Council Me.ber Koltay presented infor.atton concerning a Quit
Clal• Deed ~~ the City of Englewood to C. J . Glynn and Nancy Glynn for prop ·
erty adjacent to Fox Street and Mansfield Avenue . Mr . Koltay explained that
the City previously had quit clatMd in error this piece along with other
property to another Individual. The .. tter has beco.e a dispute between the
two neighbors. Since a Quit Clat• Deed does not carry any warranty or guaran ·
tee, it is the City Attorney 's opinion that the Quit Clai• Deed to the Glynn s
should re.ove the City fro. the dispute and would assure the Glynns the City
has no Interes t In the property other than the right -of-way In the City Ditch
which runs under the property In question .
The Clerk wa s asked to read Council Bill . 11, entitled:
COUNCIL BILL NO . 11, INTRODUCED BY COUNCIL ME R KO TAY
A BILl FOR AN OROJ AUTHORIZI ISS E Of A QUll CLAIM DEED TO A PO Tl
0 TH REAl PROPERTY N AR TH INTER CTION Of FOX STREET AND SFIELO AYE
COUNCIL ..-B ICOLTAY IIMD, _, IT
COUNCIL IILL II), ll, SEII(S Of lttO.
ttty Attorn y DeWit respond to qu st
discuss tt furth r w th toun 1
~. TO APPIOVE ON FIRST READJ
bou this proc dur , o
pr or to th
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Englewood City Council Minutes
March 5, 1990 -Page 3
Vote results:
Ayes:
N1ys:
Absent :
Motion carried.
Council Me.bers Kolt1y, H1th1way, Wiggins, Bullock ,
V1n Dyke
None
Council Me.bers Clayton, H1benicht
7. Pre-scheduled Vtsttors
(1) E-t A. Mossun, 1430 E. B1tes, presented 1 suggested ch1nge to
Section 137:6 of the Ch1rter which would 11levhte future possibility of
hiving 1 b11lot question s1•1llr to the one put to the electorate 1t the
J1nu1ry 30, 1990, specl1l election. Mr. Moss•1n st1ted th1t b1llots s hould be
cle1r, concise 1nd logtc1l; th1t the vote should reflect the wishes of t he
elector1te; and that b1llot questions should not be redund1nt. He felt Qu es -
tion No. 1 (EPBA Senior Patrol Pay C1tegory) wu unclear 1nd redund1nt since
two of the options were ldentlc1l In essence . He presented an 1nalysls of the
possibility of how the vote •ight not h1ve reflected the true wishe s of the
elector1te . Mayor Y1n Dyke expl1inld to Mr . Moss.an that Counc i l w1 s 1w1re of
the situation, but 1t the tiM there were no 11tern1tive cho i ce s u the
Charter Is very specific about the b1llot wording for 1~1sse referendu. Is-
sues . She assured Mr . Moss.an th1t this Section of the Ch1rter will be r e-
viewed, alolli with several other sections , for possible IMndllents to t he Charter.
8 . lon-sdleduled Vhttcws
There were no non -scheduled vis itors.
9 . c-.ttcattons and Proc1-ttons
(a) CCIUIICJL ..... NAl'IWMY IIMD, -IT MAS KCCIIKD, TO accm Wlnt
HllfT LID uu.AITID 'S HSI_TI_ FICIIt TME ~~--z•r• COIIIISSI ••
Ayes:
N1ys :
Abs nt :
tton carried.
1 o. Consen t Atenct•
Council ftetlbers Kolhy, H1tha way, Wiggins, Bu11oc ,
Y1n Dyke
Non
Council rs Clayton, H1benfch
Ther re no f t•s to be cons td red und r Consent Ag nd1 .
11. ,_.1 tc Near t nt
public artng w s sc uled .
12 . ONt ohlt. font and font
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Englewood City Council Minutes
March 5, Jggo -Page 4
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(a) Director Fonda presented a rec011111endation from the Bi -City Super -
visory Co..ittee to adopt a bill for an ordinance approving the agreement for
technical usistance at the Lowry Landfill Cleanup Site with GeoTrans, Inc.,
and an agree.ent to share those technical services with the City of Lakewood .
Mr. Fonda explained that Englewood, as a Potentially Responsible Party (PRP),
requires technical assistance to take part in the Remedial Investigation/
Feasibility Study at the Lowry Landfill Cleanup Site. The agreement with Geo-
Trans, Inc., would provide the assistance needed, and the agreement with Lake-
wood would set forth ground rules for sharing the technical assistance. Mr.
Fonda conft~ the cost of 542,028 would be shared by the Bi-City Wastewater
Treat.ant and City of Lakewood on a 50/50 basts . There are sufficient monies tn the Sewer Fund to cover this expenditure.
The City Clerk was asked to read Council Bill No. 8, entitled:
COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR CONSULTING SERVICES BETWEEN
GEOTRANS, INC., AND THE CITIES OF LAKEWOOD, LITTLETON, ENGLEWOOD AND AN AGREE -
MENT FOR THE COMMON DEFENSE AND SHARING OF TECHNICAL SERVICES BETWEEN THE CIT -
IES OF LAKEWOOD, LITTLETON AND ENGLEWOOD RELATING TO THE LOWRY LANDFILL SUPER -FUND SITE.
CCUICIL .... MTHAIMY IMID. -IT MAS KC.O, TO APPIOVE 01 FIRST IEAD-r• CO.:Il IILL •• I, SOlES Of lttO.
Ayes: COUftCtl Mellbers Kolt1,y, Hathaway, lltggtns, Bullock, Van Dyke
Na,ys: None
Counc 1 MeiOers Clayton, Habenicht Absent:
Motion carried.
(b) City Attorney Itt presented a btll for an ordlnanc nd l ng t
Englewood .unictpal Code by i~ fng a ftne of S1 ,000 for violations of s1n -
tary s r pretreat.enl rt9ula tons. Ht expla ned thts ~nt to the Cod
h required by th Envfr tal Protect on Agetlcy . He further explained tha t
tach day a vfohtton occur considered a eparate off nse. He confl d
that Cou 11 8111 10 r 1 c Council 8t11 • 7, p v ously con d by Coun fl.
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c oc
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Englewood City Council Minutes
March 5, 1990 -Page 5
Nays: None
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Absent: Council Members Clayton, Habenicht
Motion carried.
(c) City Manager Fraser presented a recommendation from the Department
of Safety Services for purchase of a Aerial Ladder Truck. Mr. Fraser ex -
plained that if approved he would be sending a letter to Simon Ladder Towers,
Inc., confir.ing the City's order of the truck currently under construction.
Mr. Fraser stated that appropriate financing would be arranged prior to the
delivery, with delivery expected late in 1990.
COUNCIL ..U.O HATHMMY NOYED, _, IT WAS SECCIIID£0, TO APPROVE THE PURCHASE OF
A Fill£ AOIAL APPAIATUS FIOII 5111011 lADD£1 TMIS, IIIC.
~es: Council Me.bers Koltay, Hathaway, Wiggins, Bullock,
Van Dyke
Nays: None
Absent: Council Me.bers Clayton, Habenicht
Motion carried.
13 . Ctty Rana .. r's Report
Mr . Fraser dtd not have any .atters to bring before Council.
14 . Ctty Attorney's Report
(a) Mr. DeVItt provided an update on the Colorado Court of Appeals
Decision in the Araps Old Gun Shop Eattn' and Ortnktn' case, whtch upheld the
suspension ordered by the Englewood Liquor Licensing Authority .
(b) Mr . DeVItt provided an update on Fire and Pollee Pension Associa -
tion 1tttgatlon, stating the Association has agreed to turn over to the City
approxi .. tely S59,000 as stipulated In the agree.ent.
(c) Mr. DeVItt infor.ed Council that the Colorado Sup,... Court has
declined to hear the Ctty's Certtorart Revtew of the leydon case; therefore,
the case will be referred bac to the trial court . It ts anttctpated that
certain other evid nee will bt considered. Mr . O.VI t estt .. ted It wtll take
a f -onths, but stated tt Is difficult to gh a dtftnitt tt fr con ·
cernint thts tt r .
(d) A R olut on cor tint t 1990 alary or th City Attorn y w s
assigned a n r and read by title :
R SOLUTI MO . 27, S Rl S Of 1990
A R SOlUTION ESTA8 ISHI
Y AR 1990 .
Y a. TH CITY ATT
lt • Ha " y,
Y fC. TH CA
SOUITI.
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Englewood City Council Minutes
March 5, }ggo -Page 5
Nays: None
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Absent:
Motion carried. Council Members Clayton, Habenicht
15. AdJour ... nt
COUNCIL RENIER HATHAMAY MOVED TO ADJOURN. The meeting adjourned at 8:25 p.m.
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Agendi Origlniting
I tet11 De ut~~ent
SA FINANCE
6Bi CMGR
7A CMGR
9A CMGR
12A UTILI TP
128 CATT
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CITY COUNCIL A&ENDA STATUS REPORT
FOR THE IWlCH 51 1990 CITY COUNCIL NEETIII&
Oeser! tion Action liken
COUNCIL MINUTES 2/20/90 APPROVED 5-0 (CLAYTON/
HABENICHT ABSENT)
KOLTAY: (1) RESO.I26 OPPOSING APPRO VED 5-0 HB90 -1008 RE HOUSING AUTHORITIES
(2) CBI11 IWTRO BY KOLTAY APPROVED 5-0 APPROVING QUIT CLAI M DEED TO
GLYNNS FOR 100 ' FRONTAGE AT
MANSFIELD AND FOX
ENMET MOSSNAN, 1430 E. BATES NONE PROPOSED CHARTER CHANGE §137 :6
RE BALLOT WORDING ON I .. ASSE MTTERS
BAUMGARTNER 'S RESIGNATION FRON APPROVED 5·0 P l Z COMM EFFECTIVE I DIATELY
APPRO¥ D 5·0
AP D 5·0
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Follow -u
COPIES TO BE DISTRIBUTED
LEGISLATORS TO BE ADVISED
TO BE PUBLISHED 3/8/90; 2ND
READING 3/19/90
MTTER TO BE CONSIDERED
COUNCIL TO APPOINT NEV
fOBER ASAP ; CJGt TO SEND
LETTER WITH REGRETS
TO 8 PU8 I D 3/8; 2
R AOI 3/19/90
TO 8 PUB I D 3/B: 2
REAOJ 3/19/90 •
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12C SAF SERV MOTION TO APPROVE PURCHASE OF AERIAL APPROVED S-0 SAF SERV TO PROCEED WITH LAOO£R TRUCK FOR FIRE DIVISION PURCHASE; CMGR TO CONFIRM
ORDER IN WRITING
14A CATTY UPDATE ON COlO. CT. OF APPEALS NONE DECISION -ARAPS OLD GUN SHOP
148 CATTY UPDATE ON FIR£ l POliCE PENSION NON£ ASSOCIATION LITIGATION
14C CATTY RECCIM£0 TIOII RE LIT I GA Tl ON • NONE WILL BE TAKING IT BACK TO LEYOON COURT CAS£; SUPREME TRIAL COURT. COURT 0£CLIN£0 TO H£AR CERTIORARI
REVIEW
140 CATTY R£SOIZ7 ESTAILISHIIIC CORRECT APPIOVED 5-0 SALARY TO 1£ RETROACTIVE TO SALARY FOR CATTY FOR 1990 1·1·90
AOJOUIIIED I:ZS P ....
PRESOO: MTIWMY, ICOUAY, aU" IllS, IUlLOCit, VM DYlE
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
1. Call to order.
2. Invocation.
MARCH 5, 1990
7:30 P.M.
Father Welch fro• St. Georq•'• Epi•copal Church will provide the invocation.
3. Pledqe of alleqiance.
4. Roll Call. S p-1.-~
5. Minute•.
t( (a) Minute• ot the reqular City Council Meetinq of
1.,.( February 20, 1990. #ttrtlt~to<4!1(1
6. General Di•cu••ion.
(a)
(b)
7 . Pr·
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(a)
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Mayor•• Choice.
Council lleaber'•
(/)
\aled Y1ei o
1nu •·)
Choice.
(
(Pl your pre•enta
(Ple
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City council Agenda
March 5, 1990
Page 2
10.
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12.
Communication• and Proclaaationa.
(a) Letter from Linda Bau.gartnar indicating her desire
to reaign froa the Planning and Zoning Commission.
/.ht tn ,r ((l,tl tr-
Conaent Agenda. *
Public Hearing.
Ordinancea, Reaolutiona, and Motiona.
(a)
(b)
(c)
Recoaaendation froa the Bi-City Superviaory Commit-{
tee to adopt a bill for an ordinance approving the ~t
agre ... nt for technical aaaiatance at the Lowry 1
Landfill Cleanup Site with GeoTrana, Inc. and an
agreeaent to ahara thoae technical aervicea with
the City of Lakewood. Englewood, aa a Potentially
Reaponaible Party (PRP), require• technical aaaia-
tance to take part in the R .. edial Inveatigation;
reaaibility Study at the Lowry Landfill Cleanup
Site. The agre ... nt with GeoTrana, Inc. would pro-
vide the aaaiatance needed, and the agreeaent with
Lakewood would aet forth ground rulea for aharing
the technical aaaiatance. STAFF SOURCE: STU
FONDA, DIRECTOJt OF BI-CITY WASTEWATER TREATMENT
PLANT. fi/tdf!dN <I!Id
A bill for an ordinance aaending the Englewood Mu-
nicipal Code by iapoaing a fine of Sl,OOO for
violation• of aanitary aewer pretreataent regula-
tiona. Thia change ia required by the Environaen-
tal Protection Agency. All publicly operated
waatevater treataent planta auat iapoae a penalty
of no .ore than tl,OOO per day for each day th t an
induatrial uaer 1• ln violation of pr treataent
Protr .. r quir ta. STAPP IOURC I RIC De I'M',
CITY A'M'ORH EY , ( I rr
ndat1on
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City Council Aqenda
March 5, 1990
Paqe 3
13.
14.
City Manaqer'• Report.
City Attorney'• Report.
Update on the Colorado Court of Appeal• Deci•ion in
the Arape Old Cun Shop C•••.
Update on the Fire and Police Pen•ion A8•ociation litiqation.
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Reca.aendation reqardinq litiqation in the Leydon ·-i~~o (dJ ";':t;::-~"'tt~'t-fr< ~~'-'fr ·h.f/-7
IJ.P/' 15. Adj..._.. (iL<tH.,..,,..y-) J': z s-1' . ., -y-.)
RWF:lah
• Minute• Tranaaitted to Council the week of Feb. 21:
-Econa.ic Devel~t coalition Meetinq, 02/21/90
-Planninq and loninq Ca.aiaaion Meetinq, 02/21/90
-Public Library Board ... tinq, 02/13/90
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1. Call to Order
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ENILEIIOOO C JTY COUNt ll
ENILEIIOOO, ARAPAHOE CCUfTY, COLORADO
letular Session
February 20, 19to
The regular -.eting of the Englewood City Council wa s called to order by Ma yor Van Dyke at 7:40 P·•·
2. Invocation
The invocation was given by Council Member Koltay .
3. Pled .. of Alletiance
The Pledge of Allegiance was led by Mayor Van Dyke .
4. loll Call
Present:
Absent :
Council Metlbers Hathaway, Kolta y, Wiggins, Bull oc , Clayton, Habenicht, Van Dyke
None
A quoru. was present .
Also present: City Manager fraser
City Attorn.y DeWitt
City Clerk Crow
Assistant Ctty Attorney Grt
Director W1990f11r , Public Wor s
s. letnutes
(1) COUIICIL IIOeO KOLTAY M0¥0, MD IT 1M$ SEC , TO APP10V Tit(
MIIIJTU Of Til( UIUUI nr• Of FOIUMY 5, lttO.
Ay s: Counctl rs Kol ay, Hath1w y , Ins, Sull o ,
Cl1yton, Haben ic ht , V1n Oy N y : Non Mot on Clrrted .
6 . lenera1 Dtseuaston
(1) yor ' Cho ce
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Englewood City Council Minutes
February 20, 1990 -Page 2
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( i) Mayor Van Dyke announced that future study sessions which
precede the Council meeting will be held in the Community Room and will com -
mence at 6:00 p.m. Hopefully, this will provide a better opportunity for in-
terested citizens to attend and become better informed about various city is-
sues. She also announced that the fon.at for the agenda has been changed to
provide various council members the opportunity to present their concerns ear -
lier in the evening rather than at the close of the meeting.
(ii) Mayor Van Dyke proposed, on an annual basis, selecting an
individual to be recognized as an outstanding citizen of Englewood ; she sug -
gested Beverly Si.an as a candidate for the first honor, commenting that Mrs .
Si.an is an individual who has contributed a great deal to the community .
Mayor Van Dyke further proposed that Ms . Si.an be recognized at the town meet-
ing tentatively scheduled for May . Council Me.ber Hathaway suggested that it
might be possible to coordinate this event with the Charter anniversary and /or date of Incorporation.
(b) Council Me.ber's Choice
(i) Council Me.ber Koltay spoke concerning expenditures in Coun -
cil's budget, specifically Me.bership and Dues for 1990, which total
$36 ,831.86 and include the following organizations : National league of Cit-
Ies, Colorado Municipal league, Denver Regional Council of Governments, South
Metro Cha.ber of Ca..erce, Greater Englewood Cha.ber of Co..erce . Mr . Koltay
su ggested that Council should debate the Issue specifically or to single out
those which should be pa i d at the present ti .. , postponing the others for fur -ther discussion .
CCUI:JL ..,_. UUAY NOVED, _, IT MAS SlCOIDO, TO APNO¥t PAYMOIT AT THIS
TINE OF NOIIOSHJP _, IIU[S TO T1E FOLLCIII. _.IZATICIIS:
-.TIGMAL LEAIUE Of CITIES -Sl,IJI
DOIVO I£11C*AL CCIUIICJL Of -DIIDU (FIUT HALF) -SJ,IOO.
ol tay uplained he wu not inc: hid 119 the Greater Englewood Challbtr of
ret at this tt .. , pendt119 c:hr f cation of variou s H•s llltlfch Council
r Clayton wfll br no back to Council for their consfd ration .
peas I bit to lo119 to Net on 1 Cotorldo n c: pal l T h
Urtd ,
ult s:
A
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Englewood City Council Minutes
February 20, 1990 -Page 3
Motion carried.
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(ii) Council Me.ber Hathaway presented a Resolution pertaining to
a letter of Agree~~ent fr011 the Malley Center Trust Fund for purchase of St.
louis Church property. Ms. Hathaway advised Council that the Malley Center
Trust Fund had .. t recently concerning the Church's acceptance of an offer of
$70,000 to purchase the south 75 x 125 feet of the St. louis School Play -
ground. She explained the purchase of this property is the first step in the
expansion of the Malley Center COIIplex. She advised the MOney, i.e., $70,000
plus $12,000 for related costs and i11prove~~ents, is available in the Malley
Center Trust Fund. There will be no additional City expenditure. She re-
quested that Counctl approve this expenditure fr011 the Malley Center Trust
Fund. The Resolution was assigned a nu.ber and read by title:
RESOLUTION NO. 20, SERIES OF 1990
A RESOLUTION ACCEPTING A LETTER OF AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ST. LOUIS CHURCH REGARDING THE CITY'S PURCHASE OF THE SOUTH 75 X 125 FEET OF THE ST. LOUIS SCHOOL PLAYGROUND, I .E., PARKING LOT.
COUIICIL .._. IIATIWMY NOVED, _, IT MAS SfCOII)(D, TO A"ROVE RESOLUTION NO. 20, 501($ Of lttO.
Ayes:
Nays:
Motion carried.
Council Me.bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None
Council Me.ber Hathaway urged everyone to attend Mrs . "-lley 's IOOth birthday celebration on March 2.
(I It) Council Mellber Wiggins asked for a status report on the
lease purchase for the fire truck. Mr . fraser advised that staff wa s checking
Into financing alternatives which IUy lUke better sense than those proposed by
the IUnufacturer. Mr . fraser wtll lUke a rec-..dattOfl Ofl thts utter at the
next regular Council Meeting (March 5, 1990). It Is estiiUttd the truck will be ready for delivery late August /early Stpt..O.r.
(h) Counctt
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Englewood City Council Minutes
February 20, 1990 -Page 4
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northeast quarter of the City. One solution, brought to her attention, was to
explore the possibility of relocating the Jefferson Fire Station near the
Swedish complex east of Broadway and north of 285 and working out some type of public/private ownership.
Council Member Hathaway stated she would support a resolution or motion to
direct staff to find a way to keep the Federal Fire Station open until April .
At which time they would be armed with the findings of the Fire Services
Delivery Committee and additional statistics to assist Council in making their
final decision. Ms. Hathaway noted that she understood the Greater Englewood
Chamber of Ca..erce, Governmental Affairs Ca..tttee, had drafted a letter
stating they would like to see the Federal Fire Statton closed.
City Manager Fraser stated in order to keep the Federal Fire Station and both
of the rescue units open a daily work force of 21 Is needed. The current
dally manning level is 18. Two to three additional personnel would be
required. If Council chose to authorize overtime, the cost would be between
Sl2 -Sl4,000 a day, assuming there are just three positions to make up .
Discussion ensued regarding manning levels .
Council Member Koltay questioned if they would be able to provide the same
level of service, without the transport function, If men were moved from rescue and placed on trucks .
City Manager Fraser stated that, minus the transport function, 18 would be
capable of maintaining all four stations ; If the para.edtc veh1cles wer e not
runn i ng , pumper trucks would carry first response equipment .
Disc ussion ensued .
CCUCJL MEMEI HAIDIICHT MOVED, AM) IT MAS Slc.ED, TO AUTIIDIIZE AM) DII£CT
THE STAFF TO PIOVID£ A LntL OF fll( SOIVICE DniWOY TO IICUID( lUPIM ALL
FOUl FlU STATIOIS OPOI MOlll) THE CLOCIC, AM) TO l([P 10TH lfSCU(S OPOI AM) OPEIA TIM 1lllCil8f THE M111TM OF API I L.
CCUCIL MOIIEI HATHAIMY !lOVED, AM) IT MAS S£CCIMIED, TO MDI) THE fiOTIOII TO
INCLUDE "IESCUE 21 WILL IE OPEIATIOMAL 1001 Of THE Tl , I(SCU( 23 WILL IE AS WE CAN KEEP IT STAFFED . •
Counct 1
Coun
d
rs Hath ay nd Ha ntch r it rattd th r cone rns.
was oppos d to lh original motion, but
to ch ng • policy
Cou 1 r H th '1 stated that by uttf119 d th ot h r r cu v hlel h could Justt y th ov rt os s to r con ft'*'t ,
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Englewood City Council Minutes
February 20, 1990 -Page 5
Vote results on the amendment:
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Ayes: Council Members Hathaway, Wiggins, Bullock, Clayton
Nays: Council Members Koltay, Habenicht, Van Dyke
The a .. ndment carried.
Mayor Van Dyke questioned the cost i~lications of the ~tion.
City Manager Fraser stated he would have to review the changes with staff
prior to advising Council of the cost. He suggested they delete the
designated rescue nu~rs assigned in the a..~nt as he did not know the
current nu.ber configuration of the newly acquired vehicle.
COC.:IL _,.£1 HATHAIIAY IIOVm, MD IT WAS SECCII»£0, TO DELETE THE REFERENCE TO THE RESCUE IIIJT ._W IN THE PllEYIOUS NIEIIIEIIT.
Ayes: Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke
Nays: None
~nd.tnt carried.
City Manager Fraser advised that given these para..ters, the cost per day for
overti .. would be fro. S300 to Sl ,OOO depending on staffing.
Discussion .nsued regarding cost esti .. tes .
Council "--bar Clayton urged defeat of the original ~tion as he felt the ~tton was based on fear, ignorance and inaccurate perceptions Instead of reality and fact .
Council ..._r Habenicht responded to Mr . Clayton 's co..nts, disagreeing w t
his asses~ts and stating she was atte.pttng to k .. p the service level the
s for everyone unt 11 r.ca..endat tons are lllde by the Fire Service Delivery COMitt ...
Council r Koltay stated h uld vo lng against the ~t on . was
opposed to shuffling r, truck n ra, etc . Mr . Koltay not t at h
Ct y Man r had stated could giv ood fire response fro. ev ry s a ton I
rt cu s ren 't nntd . He noted It wa s Council that voted to n scu s an d
by r scindlng that dtci on all the probl ld be solved .
Vot results on th ortg nal ~tlon a ndtd :
Ay s :
N ys :
on c1rrl
Co uncil
Hatha 11. Wiggin s, &ulloc , Ka nlcht
oltay, Cl1yton, Va Oy I . •
Englewood City Council Minutes
February 20, 1990 -Page 6
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governmental i11111unity as a connunity . The Resolution was assigned a nu mber and read by title :
RESOLUTION NO. 21, SERIES OF 1990
A RESOLUTION OPPOSING HOUSE BILL 90 -119B .
COUNCIL MEMBER CLAYTON MOVED, MD IT VAS SECOfi)EO, TO APPROVE RESOLUTION NO. 21, SERIES OF 1990.
Ayes:
Nays :
Council MeMbers Koltay, Hathaway , Wiggins , Bullo ck,
Clayton, Habenicht, Van Dyke
None Motion carried .
(vi) A Resolution opposing House Bill 90 -1245 was con s id ered.
Council Me.ber Clayton stated this Bill would prohibit the Ci ty of Engl ewood
fra. providing support and assistance to its Credit Union . Mr . Clayton st ated
the Credit Uniou Is of benefit to the Ci ty 's e.ployees, and he wa s of the
op i nion Council should oppo se th is propo sed state leg isl at i on. The Resolution was assigned a nu.ber and read by t i tl e:
RESOLUTION NO . 22 , SERIES OF 1990
A RESOLUTION OPPOSING HOUSE BILL 90 -1245 PROHIBITING AID IN ANY FORM TO CREDIT UNIONS BY PUBLIC ENTITIES .
COUNCIL 110110 CLAYTON MOVED, All» IT MAS KC411U, TO AHIOVE lESOLUTION MO . 22, SEliES Of litO.
Ayes :
Nay s:
Coun cil Mellbe rs Kol tay, HathiWay, Wiggins, Bullock, Clay t on, Haben ic ht , Van Dyke
No n Mo tion ca r ried.
(vti) A Resolution opposing House 8111 90 -1123 . Council r
Habenicht explained the 8111 concerned non..ol'tt -hours actlv ty of public
ploye s. The Resolution was assigned a n r and read by tttl :
RESOLUTION NO . 13 . SERIES OF 1990
A R SO UT ION OPPO I HOU Bill 90 ·1123 C
COUNCI L 110110 MATIWMY *MD,
23, SERIE S OF lttO.
Ay s :
Nays :
ton carrftd.
COufl 1
ClaytOfl,
7. ,.. chM\Il M Vhttors
c t
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Englewood City Council Minutes
February 20, 1990 -Page 7
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boards and commissions. Council Member Hathaway assisted Ms . Van Dyke in th e presentations as follows:
Board of Ad~ustment and Appeals
Linda ohn
Election Co..ission
ll0111ar Warren
Fire~n 's Pension Board
Willis "Shorty * Resley
Parks and Recreation Co..is si on
Au s t i n G0111e s
Planning and Zon i ng COMm issi on
L1 oyd Coven s
Co nn i e Da vie t
e s
Gary eo-an
recei ved by her husband Ron Schildt
Certff cate
ca.iss on
Mayor Van Dy
r cefv logo 1
nt w 11 be iltd to th n ly ppotnt d bond nJ
re unable to attend and recefv th personally .
announcld that all rs of boards and ca..lssfons will soon
1 p ns as as 11 to n of Co neil 's appr ciatlon .
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Englewood City Council Minutes
February 20, 1990 -Page 8
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Council MeMber Bullock complimented Mr. Gri.m on his fine record as Assistant
City Attorney. Mr. Bullock read the Proclamation in its entirety .
COIItCIL liiEJIIER IULLOCIC liiOVm AND REQUESTm JOINT SPONSORSHIP BY ALL MEMBERS OF
COIItCIL TO APPROVE A PROCLAMTION HONORINS CHAILES C. &RIM.
Ayes: Council Me.Oers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays: None
Motion carried.
(c) E-.ett A. Mossman, 1430 E. Bates, did not appear as scheduled .
8. Non-scheduled VIsitors
(a) Kenneth Waechter , 3127 West Tufts, inquired about the fire truck
and was informed that the vehicle is being built to Englewood 's specifications.
Hr. Waechter infonled Council that he did not feel adequate notice was given
to residents and businesses of Centennial Acres for either of the two recently
held town .. etings. He asked that Council reconsider its policies and to in-clude notice to !ll citizens prior to future Meetings.
Mr. Waechter brought to council's attention statistics which indicate that
Englewood's per capita costs for the salary of the City Manager far exceed
those of other cities in the •tropolitan area, specifically citing Arvada,
Thornton, littleton, and Aurora . This was further discussed.
9. '-'nlcatlons and Proc1-ttons
(a) COWI:JL ....U ULTAY IIOVED, Alit IT MAS Sf:CCII)£0, TO DECLAl£ THE
IIEEI OF IIUCH 5 11MJa1 t, 1110, AS •EJREMDOO PUiliC SCHOOLS WEEI. • ~es: Council ..._rs Koltay, Hathaway, Wiggins, Bulloc ,
Clayton, Habenicht, Van Dyke Nays : None
Motion carried.
(b) COUIICIL ..,_. 111111 IIOVED, Alit IT MAS Sf:CCII)£0, TO IECOINIZ£ TH
FIFTH -IVOSAIY OF THE £MDOO llCUATION COtTO IY PROCLAUm• MaCH 12, litO, AS • lWCID llCUATION COITO MY, •
~ s: Council rs Koltay , Hathaway, Wiggins, Bulloc , Clayton, Habenicht, Van Oy N~,ys :
tion earrltd.
(c) Th I
th tlf19 • s
10. Con t
(I)
ndl 1 t ved forw rd
P19ts 7 and a. nd acted upon pr vlou 1 n
ng Auth r ty
t '"' 0
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Englewood City Council Minutes
February 20, 1990 -Page 9
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(b) Minutes of the Planning and Zoning C011111tssion meeting of February
6, 1990.
(c) Minutes of the Urban Renewal Authority meeting of February 7 , 1990 .
(d) Minutes of the liquor licensing Authority ~~eetings of January 17
and February 7, 1990.
(e) Council 8111 No. 6 for an ordinance on final reading approving the
Highway Safety Contract with the Colorado Depart.ant of Highways .
COUNCIL ....at HATIWIAY IIWED, Nil IT MAS SECa.£0, TO ACCEPT CONSENT AGENDA
ITERS t (a) TlllCMH (d).
Ayes: Counctl Metlbers Koltay, Hathaway , Wiggins , Bullo ck,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried .
COUNCIL MERIEl HATIWIAY ROVED, Nil IT MAS SECONDED, TO APPROVE CONSENT AGENOA
ITER 9 (e) AS FOLLOWS:
(e) ORDINANCE NO . 8, SERIES OF 1990, INTRODUCED BY COU NCIL MEMB ER KOL -
TAY (COUNCIL BILL NO. 6), ENTITLED:
AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOO AND THE DE-
PARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, STAT E OF COLORADO.
Ayes : Counctl Metlbers Kolta y, Hathaway , Wiggins, Bullock,
Clayton , Haben ic ht , Van Dyke
Nays : None
Motion carried .
11. Publ tc Near tnt
No public hearing wa s sched uled .
12 . Ord t nances, leso 1 ut 1 ons and Rot tons
(a) City Atto rney DeWitt prov ided lnforutton concerning the bill for
an ordinance aaendlng the E119lewood Municipal Code by ltip0Sift9 a fin of
Sl,OOO for violations of sanitary r pretr at nt uhtlons . He ex -
plained that the Clean Water Act r qijlres that t City s 19 tre nt plan
-.tntaln a peralt, furth r that on of th r tr nts of th pe,.. Is that
the City has a sufficient ftne to fore violators nto co.pllanc • reCOI ·
.. nded that th Sl,OOO fine apply to violations of th pr ·treat nt r ula -
tlons as previously adopted by th City Council . S lflc rdlng or th or -
dinance was qu stloned and discussed . Mr . Itt Sli99 t th b\11 for n
ordinance could be ... nded after It wa s lntrodu •
Th Clerk ~•s asktd to read Council 8111
COUNCIL Bill . 7, JNTROOUC 0 BY C
ltd :
oc
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Englewood City Council Minutes
February 20, 1990 -Page 10
A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 6, ENGLEWOOD
MUNICIPAL CODE 1985, BY IMPOSING A FINE OF $1,000 FOR VIOLATIONS OF SANITAR Y SEWER PRETREATMENT REGULATIONS.
COUNCIL MEMBER BULLOCK ROVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 7, SERIES OF 1tto.
COUNCIL ~ER HAIEIUCHT NDYED, All» IT liAS SECONDED, TO AMEIID COUNCIL Bill NO.
7 TO IIIUCATE A CHAME Ill SECTION 1, IIITH 12-2-1 J TO READ AS FOLLOWS:
12-2-1 .J: CRIIUIIAL PEIW.TY AND FIIIES. MY PERSON WHO VIOLATES
THE PIOYISIOIIS OF THIS CHAPTER SHAll IE SUBJECT TO A
FIIIE OF IIOT NOR£ THAll ONE THOUSAfl) DOllARS ($1,000.00)
PER DAY FOR EACH DAY THAT A USER IS Ill VIOLATION OF
THIS CHAPTER. Ill ADDITION TO SUCH Fill£, THE JUDGE MAY
INPOSE A JAil SENTENCE 011 MY ADULT OFFENDER EIGHTEEN
(11) YWS OF ME OR OLDER FOR A PERIOD OF TIME NOT
EXCEEDI. ONE IUIMlED EIIHTY (110) DAYS.
Vote re s ults on the a.end.ent to Council Bill No . 7:
Ayes : Council Metlbers Koltly, Hathaway , Wigg i ns, Bullock,
Clayton, Habenicht, Van Dyke Nays : None
Mot i on carried.
Further di scu s sion ensued concerning the a.ount of the fine and s peci f ic word -
i ng . Ci ty Attorney Dewitt suggested tabling the -.tter wh i ch would give him th e opportunity to redraft the ordinance .
COUNCIL IIOIIER M.LOCl IIOVtD, All) IT MAS SEC.U, TO TAIL£ MEJilA ITDI 12(a)
Aye s: Counc il .....,.rs Koltly , HathiWay , Wigg i ns, Bull oc k,
Clayton, Habenicht , Van Dyke Nay s: None
Mo tion urried . Mr . DeW i tt reque s ted t i• at the ne xt study session to suffi -ciently re vi ew th is wi t h Council .
(b) A Resolution terainating City -pa id he al t h ins ur ance for Me.otrs of
Englewood City Council wu considered . Mayor Va n Dyke explained that th ts
R solution was betng pr sented as a result of the Special Election held on
January 30, 1990 at which Englewood ctttuns voted to teralnate City -pa d
health Insurance for Council ..-rs . The Resolution was assigned a numb r and read by title :
RESOLUTION NO. 24 . SERIES OF 1990
A RESOLUTION TERMINATING CITY -PAID HEALTH INSUAANCE FOR ME ERS OF ENGLE CITY COUNC ll .
MYOI YM DYU 110¥0, MD IT 1M$ Sl~, TO AlfliOVt lfsot.UTIOII 110 . 24 , SOi l S OF 1110 .
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Englewood City Council Minutes
February 20, 1990 -Page 11
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Mayor Van Dyke stated the citizenry , as indicated by the results of the Spe -
cial Election, had made their wishes known .
Vote results :
Ayes :
Nays:
Motion carried .
Council Members Koltay , Hathaway , Wiggin s, Bul l ock,
Clayton , Habenicht , Van Dyke
None
(c) A Resolution establishing salar i e s f or th e Ci t y Manager , Ci ty At -
torney, and Municipal Judge for the calendar year 1990 wa s co nsi dered. Ma yor
Van Dyke explained that Council i s charged by Chart e r t o se t these salaries .
She further explained that the salary proposed for th e Ci ty Manager includes a
2 .51 increase, as does the salary proposed for the Ci ty Attorney; t he s al ary
proposed for the Municipal Judge i nc lude s a 101 I ncreas e . Th e Resolution was
ass ign ed a n u~r and r ea d by t itl e :
RESOLUTION NO . 25 , SE RI ES OF 1990
A RESOLUT ION EST AB LISHING ANNUA L SALARIES FOR THE CITY MANAGER, CITY ATTORNEY ,
AND MU NICIP AL JUDGE FOR THE CALENDAR YEAR 1990 .
COUNCIL NOlO IUU.OCl MOYm, All) IT MAS stCCIIID£0, TO APNOYE ltESOLUTIOII 110 .
25, SERIES OF ltiO .
Council ~r Clayton st ated he would oppose this resolution as he felt th
City Ma nager was deserving of a larger increase in light of his perfonaance.
Council r Wiggins stated he too would oppose the resolution, h ver, for
a different reason . He stated he was in favor of th increases proposed for
th City At t orney and th Municip al Judge . ver, h felt the constituents
h ~epresents does not feel Mr . Fraser warrants n ncreas at this ti since
h did r cehe a 51 Increase last July .
Vot r sults :
~es :
Nay :
t on carrt
Council
Counc 1
r . oltay d c1 1n
V n Oy
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Englewood City Council Minutes
February 20, 1990 -Page 12
Ayes:
Nays :
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton , Habenicht, Van Dyke
None
13 . City Manager's Report
Hr . Fraser did not have any Matters to br i ng before Council .
14 . City Attorney's Report
(a) City Attorney DeWitt requested a motion to accept the Warranty Deed
fr011 the Englewood Downtown Developtnent Authority (for property conwnonly re -
ferred to as the Sachter property) con veying to the City the EDDA parking lot located in the 3400 block of South lincoln.
COUNCIL NEMER HATIWIAY MOVED, AND IT WAS SECCIIDED, TO ACCEPT THE WARRANTY
DEED FIOIIJ THE ENILEVOOD DCIWNTM DEYELOPMDIT AUTHORITY FOR THE mDA PARKING LOT.
Ayes :
Nays :
Motion carried.
Council He.Oers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke
None
(b) Hr . DeWitt Invited Council to stop by his office on Friday,
February 23, to extend their best wishes to Beverly Brizee who is moving to Texas.
* * * * *
Before adjourning, Mayor Van Dyke wished to conclude Cen ral Discussion -Agenda lte. 6 as follows :
posed
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Englewood Ctty Counctl Mtnutes
February 20, 1110 -Page 13
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authorize overtime. As an effort to Make the Centennial area people comfort -
able and to help Council beco.e MOre COMfortable he felt this procedure should
be readopted, to be adMinistered by the City Manager and the Director of Safe-ty Services.
COUNCIL RINIEI ICOI.TAY DED, THAT COUNCIL ALLCIM THE CITY MANIER TO REINSTATE
THIS PUCTICE liB IECESSAIY -IEPOIT TO COUNCIL 1110 IT IS IIECESSAitY TO TMI TimE STEPS.
The .. tter was discussed, but dted for lack of a second.
15. Adj~
COUNCIL R1N1E1 VIIIIIS DED TO ADJOURN. The Meeting adjourned at 9:35 p.m.
~x!ikL y er
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RESOWl'IOO oo. z&
SflUES CF 1990
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A RES<LUTIOO CPPOS~ RXJSE BILL 90-1008, RELAT~ ro RES'nUCTIOOS CN
CPERAl'IOOS CE' RXJS~ AU'l'tDUTIES.
WHERFAS, Howle Bill 9G-1008, references current eoonanic conditions as
the basis for the leqislation; and
~. theM conditions may change, thus possibly invalidating the
purpcse of the legislation; and
WHERFAS, the Bill provides for a City Council to "reconstitute"
l!Bitlership oo a housing authority without defining "reconstitute", nor
limiting the I'Uiber of times a housing authority board may be "reconstituted"
by a City Ccunc:il ; and
WHERFAS, the propcsed repcrting rec;u.iren.nts placed ~n housing
authorities, are costly and may require ~tional staffing in the Division of
Housing in the State Oepertnwnt of Local Affairs; and
~. the Bill mandata a City Council to adept proc:ed.1res by "*Uch a
housing authority may be dissolwd, wen though thee is no local econcnic
danger or ~Y ~ire to dissolw the housing authority; and
~, the ten. of CXI'!IIIissieners are being propcsed to ~ fraa
fiw year ~ppQintments to ~Y tft'lll u ~fined by the local City Ccunc:il, thus
politicizing the ~intrwnt prt~Cfts;
~. 'l'IIEICEPQ(t, IE IT RESCI..V!D ft THE Cl'lY <nN:lL ~ THE CITY ~
~. ~. 'nOO':
~this 5th ~ o f !·:arch, 1 99 0 .
Att iUUn Van Dyke ,
P.ulc:l a H. . a ty em
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MDIORAIIDUM
TO: Mayor Van Dyke
~tembers of City Council
PROM: Roger Koltay
DA'l'B: ~tarch 2, 1990
RB: Fox and Mansfield Property.
Enclosed is a draft of an Ordinance to grant a Quit Claim
Deed to C.J. I Nancy Glynn. If you recall by Ordinance 27 Series
of 1988, the City deeded the subject property to Gary and Janice Johnsen.
The problem seems to be that there is a title dispute
between the Johnsen's and the Glynn's over the subject property,
that has essentially arisen since the City gave the original
deed. At the present time the City is not sure who properly owns
the subject property, and by granting this Deed the City would remain neutral.
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BY AtJllDU'IY
CJmiNAta oo.
SERIES OF 199_0_ aXJt~IL BILL 00.11
mmaxx:ID BY ax.JOCIL
ME}!BER KOLTAY
A BILL Fa!.
AN ClilliNAOCE AlmDUZIK; ISSUAOCE CF A OOIT ClAIM DmD 'ro A PCRI'ICN OF 'lHE
REAL PIO'ERTY NEAR 'lHE ~CN OF FOX S'mEET AND MMSFIELD AVEKJE.
WIDEAS, the City makes no claim on subject property; and
WIDEAS, by Ordinance 2~, series of 1988 the City Quit Claim said
real property ; and
~, other parties make claim to said real property and to avoid
litigation;
tOri, ~, BE IT CIUliUNID BY 'lHE CI'IY <n.H:IL CF 'lHE CI'IY CF
EHiLEHXD, ~. 'lli.\T:
Section l. !he exchange for the !1\.111 of $10.00, the Mayor and City
Clerk are authodzed to sign and attest a Quit Claim Deed for the real
property dncribed as:
A strip of land 25 feet in width adjacent to the
~terly line of Lot 7, Lull Heights, and .
extended fran the North line of West ~\ansfield
Awnue to a line parallel with and 100 feet North
of North line of West Mansfield Avenue, Lull Heights,
City of Dlglewood, Arapahoe County, Colorado .
,..., Introcb::ed, nad in full, and passed on firat reading on tr.e 5rtf-of ut~ :cJ./, 1990. -
1990. Publlahed a B 11 for ~ Ordinance on the day o f /2111 1
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t . c. ......... ~
I _ .. ":' ...
I --·-
fxH 113/T
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lleeonled at ................................ o'cloek. ........... M., ·············-·····························································
a-ptioa No ......................................... . ......................................................................... Beconler.
Tms DEED, Made tbla daJ of • 111
M~ CITY OF ENGLEWOOD, COLORADO
a municipal corporation
of tbe Co1UltJ of Arapahoe and atate of
Colorado, of tbe firat part, ud
w~se'iekalqw.n~i s and NANCY GLYNN, Joint tenants.
555 We st Mansfield Avenue of tbeEngl e wood CoaatJ of Arapahoe and atate of
Colorado, of tbe aecond part,
WITNESSETH, That. tbe aald party .of the tint part, for and In coD81deration of tbe aum of
On e Dollar and other good and valuabl e conside ration ~~&a
to the said part y of the first part In hand paid bJ tbe aald parti e s of the aecond part, tbe ,_lpt whereof
Ia herebJ confeued and aclmowledced, has nmlaed, released, sold, conve:yed ud QUIT CLAIMED, ud b)'
theoe presents do e s remlae, rei-, ..U, convey ud QUIT CLAIM unto tbe said parti e s of tbe -d part,
party
hein, au~n and uaipa, forever, all the rlcht. title, interest, claim and dlllllalld whleh the aald
of the tint part has In and to tbe followl~~& delcriMd lot or parcel of land aituate, lJinc ud
Minr in tbe CoWitJ of Arapahoe ud Stete of Colorado, to wit :
A str i p of land 25 f ee t in width adjace nt to the Wes t e rly
line of Lot 7, Lull He ight s , and e xte nded from the North
line of We st Mansfie ld Ave nue to a line parall e l wi th and
10~ f eet North of North l i n e of We st Mansfie ld Ave ., Lull
He l.gh ts .
He s P rv i n g to the City of Engl e wood, Colorado Gran t or the
City Ditch _r i g ~t-of-~ay with ~ull e ase me nt right s to ;e pa i r
a nd main t a l.n, 1.nclud 1.ng the r1.ght to r e stric t all
c on struc tion on to p of the e a seme nt.
al110 kno wn aM Mlrtoel and nu m be r
TO HA VB AND TO HOLD tile-......_ wllll all aad ....... tile..,....__. ......... u...-.t.o
.......,. or Ia UJWIM u..nu• ..,......, _.all &he....._, riPt. &We, Ia..,. _. dllia w......._, of U..
..W part y of tile first pu1, ...._ Ia law or ..UtJ, .. tile ea1)' ,..._ -....,It ... ......, of tile ..W
.-rtie s of u..--' pu1, Min_......_, __
IH WITNESS WH E RE OF, The..W ..... y of tllefint ..... lla S ..._ .. ee&th i r .._.
_. -.1 the -, aad ,_.. flnt alleft wrti*IL CITY OF E NGLEWOOD
II
ST AT & OP CO LOUDO,
C..&r of Ar p ho
.. ,_ ........
By (SE AL)
Su s an Van Oyk , Mayor
At teat: -!BE ALl
}-........... _ ...
(BULl
Pa r cia H. Crow, City Cl r k
.(8 A L)
..,.,
n yo , and P r c H. crow, C y Cl rk, . ..
4 00 So u h
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EXCERPT FROM MARCH 5, 1990 CITY COUNCIL MEETING
AGENDA ITEM 6Bii -QUIT CLAIM DEED TO C. J. AND NANCY GLYNN FOR PROPERTY
LOCATED NEAR INTERSECTION OF FOX AND MANSFIELD
KOLTAY: THE SECOND ITEM, YOUR HONOR, IS AN ITEM I HANDED OUT REGARDING A
QUIT CLAIM DEED. I'M ASKING ON BEHALF OF C. J. AND NANCY GLYNN
THAT THE CITY OF ENGLEWOOD ISSUE THEM A QUIT CLAIM DEED FOR THEIR
PROPERTY. THE PROPERTY IS LOCATED ADJACENT TO FOX AND MANSFIELD .
THIS PARTICULAR PIECE OF PROPERTY AND, HAS HAD NUMEROUS OWNERS. IN
THE PAST TWO YEARS, THE TWO ADJOINING PARCELS HAVE NEW OWNERS, AND
THE CITY VIRTUALLY QUIT CLAIMED SOME PROPERTY THAT WE HAD.
(CHUCKLE) AT THE TIME IT APPEARS IN OUR RECORDS AND THOSE OF THE
COUNTY THAT ALL OF THE PROPERTY WHICH IS 225 FRONTAGE FEET WAS QUIT
CLAIMED TO ONE OWNER. MR . GLYNN BROUGHT THIS TO THE ATTENTION OF
MYSELF, RICK DEWITT OUR CITY ATTORNEY, AND HE HAS ASKED THAT WE
CORRECT OUR DEEDING BY GIVING HIM THE 100 FEET OF PROPERTY IN FRONT
OF HIS HOUSE. WHILE THE CITY BELIEVES THAT NEITHER ONE OF THE
INDIVIDUALS HAS DEMONSTRATED CLEARLY THAT THEY ARE THE OWNER, AND
WHILE THE CITY STILL FEELS THAT BOTH OF THE PROPERTY OWNERS NEED TO
SETTLE THIS ISSUE BETWEEN THEMSELVES, WE FEEL THAT BY ISSUING A
SECOND QUIT CLAIM DEED THAT THE TWO, THAT THIS WILL ENABLE BOTH
PROPERTY OWNERS TO WORK WITH THEIR TITLE COMPANY AND POSSIBLY GET
THIS SETTLED. THIS ISSUE HAS BEEN AT QUESTION SINCE 1955 .
VAN DYKE : MR. KDLTAY, THIS INVOLVES PROPERTY THAT ORIGINALLY WAS CITY
PROPERTY? CAN YOU BE SPECIFIC ABOUT THE NATURE OF THE PROPERTY
PRIOR TO BEING TURNED OVER TO THOSE RESIDENTS?
KOLTAY: BASICALLY, IT WAS PRETTY MUCH RIGHT -OF-WAY OF THE CITY DITCH. IN
THAT AREA, THE CITY DITCH IS UNDERNEATH THE GROUND. WHERE THIS
CAME TO LIGHT IS THAT IN 1955 THERE WAS A PAYING DISTRICT FOR THESE
PIECES OF PROPERTY AND THERE WAS AN OUTSTANDING ASSESSMENT LEFT
THAT WAS NEVER PAID. IN APPROXIMATELY TWO YEARS, ONE OF THE
INDIVIDUALS CAME FORWARD FROM A NEIGHBORING PARCEL, PAID THE ENTIR
ASSESSMENT AND THE CITY DEEDED THE INTEREST THAT WE HAD TO THE
NEIGHBOR . SUBSEQUENT TO THAT, THE NEW OWNER HAS COME IN AND ASKED
"WHY DID YOU GIVE MY PROPERTY TO MY NEIGHBOR?• I'VE WORKED LONG
AND DILIGENTLY WITH MR. DEWITT, WE BELIEVE THAT THERE IS NO EASY
ANSWER, WE KNOW IT IS NOT, NO LONGER THE CITY'S PROPERTY, WE KNOW
IT BELONGS TO ONE OF THEM AND WE JUST FEEL THIS IS AN EQUITABLE
SOLUTION TO GIVE BOTH OF THESE TWO INDIVIDUALS TH PROPERTY . ANO LET THEM SORT IT OUT.
VAN DY E: WELL IN THAT CAS£, (SEVERAL CHUCKLES) MR. KOLTAY
SPONSOR THIS ORDI E, OR THE COUNCIL BILL? LD YOU ll E TO
OLTAY :
CLE :
Ol fAY :
YES, YOUR HONOR, I WOULD ASK THAT TH CLERIC REAO COUNCI 81 l 11.
COUNCIL BILL NO. Jl, INTRODUCED BY COUNCIL M£ R kOlTAY . A BIL
FOR AN OROI E AUTHORIZI ISSUANCE OF A QUIT CLAIM 0 EO TO A
PORTION OF TH R Al PROP RTY AR TH INTER CTION 0 FOX STR T
AND ~SFIELO AVENU
YOOR • I 0 v c Jl 81 l . ll .
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HATHAWAY: SECOND.
VAN DYKE : SECONDED BY RITA HATHAWAY. ANY QUESTIONS OR DISCUSSION? TIM.
BULLOCK:
DEWITT:
BULLOCK :
DEWITT :
BU LLOCK :
DEWITT :
BULLOC K:
YEAH, I'M OBVIOUSLY NOT VERY UP ON THE SUBJECT, IT JUST HAVING HIT
ME TONIGHT . BUT IT WOULD SEEM TO ME THAT THE CITY CAN PASS ONLY
THAT TITLE THAT THE CITY HAS, AND THAT THIS MATTER IS BEST RESOLVED
IN A QUIET TITLE ACTION AND I'M, AH, A BIT AT A LOSS TO UNDERSTAND
HOW IN THE WORLD, OR WHY, WHAT WE'RE PROPOSING TO DO MIGHT SERVE TO
HELP QUIET THE TITLE. MAYBE THE CITY ATTORNEY CAN SHED SOME LIGHT ON THAT.
WELL, AN INTERESTING CONCEPT HERE IS THE CONCEPT OF QUIT CLAIM
DEED. A QUIT CLAIM DEED WAS USED IN THE ORIGINAL SITUATION TO
TRANSFER WHATEVER INTEREST THE CITY HAD. THERE 'S NO GUARANTEE THAT
THE CITY HAD ANY INTEREST IN THE PROPERTY. AND THAT 'S SOMETHING
THAT WE PRESUME THAT WE HAD AND THE PAPER WORK SEEMS TO SUPPORT
THAT, BUT THERE MAY HAVE ALSO BEEN OTHER INFORMATION THAT THE CITY
DID NOT HAVE AT THE TIME THAT MIGHT SUPPORT ANOTHER CLAIM AS WELL .
SO ~HAPPENS IS , IS BY GRANTING THE QUIT CLAIM DEED, THE CITY IS
NOT GUARANTYING ANY TITLE TO THE PROPERTY. IT IS ONLY SAYING THA T
WHATEVER INTEREST THAT WE HAVE, WE 'RE GOING TO CONVEY IT AGAIN .
AND A QUIT CLAIM DEED IS A COMMON WAY TO , AH, NOT NECES SARILY
TRANSFER TITLE BUT TO AT LEAST BE COOPERATIVE IN TIT LE DISPUTES .
SO YOU 'RE SAYING WE 'RE USING A QUIT CLAIM AS A MECHANISM TO SHOW
INTENT SHOULD THE ISSUE ARRISE IN COURT ?
I DON 'T THINK WE 'RE EVEN SHOWING INTENT . WHAT WE 'RE SAYING IS IS
THAT WE DO NOT CLAIM ANY INTEREST Ill THE PROPERTY OTHER THAN OUR ,
FOR OUR RIGHT ·Of ·WAY Ill THE CITY DITCH .
THEN, WHO, WHO WI LL THE DEED BE QUIT CLAIMED TO ?
IT WOULD BE QUIT CLAIMED Ill THIS PAaTJCULAa CASE TO AOJOIIIING
PROPERTY OWNER S C. J . GLYNN AND NANCY GLYNN .
OKAY , THEil IS TH ERE ANOTHER PROPER TY OWNER THA T IS DISPUT ING THI S PAR TICULAR PROPER TY7
D ITT : TH£R MA Y BE A PARTY BY TH Of SON A SO S A CLAIM
TO TH PROPERTY, W 'VE Al REAO T FERREO A QUIT ClAI M 0££0 TO .
LOC : 'R TRANSF A QUIT CLAI M 0££0 TO lOTH Of TH P£~0
D ITT : YES .
LOC : Tl .
0 ITT : IT 'S NOT A TH£R I A IIG
LOC : THAT . I TN or n Tl
ITT :
• l
...
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BULLOCK: BUT I , I , IT'S INTERESTING .
KOLTAY: MR. BULLOCK ....
DEWITT: WHAT IT IS IS A WAY FOR US TO STAY OUT OF A DISPUTE THAT WE CAN 'T
RESOLVE ANYWAY. WE CANNOT RESOLVE WHO OWNS THE PROPERTY.
BULLOCK: BUT WE'RE .... I GUESS WE'RE QUIT CLAIMING THE SAME PIECE OF
PROPERTY TO TWO DIFFERENT PEOPLE.
HATHAWAY: WELL, NOT REALLY.
KOLTAY: NOT ACTUALLY. ON PAGE 3 IS THE ACTUAL MAP OF THE TWO PARCELS.
VAN DYKE: DO YOU HAVE, YOU HAVE THE MAP?
BULLOCK: I DID SEE THAT .
KOLTAY: WHAT IT, WHAT BASICALLY HAPPENED IS ON THE FIRST QUIT CLAIM DEED
THAT WAS DONE A COUPLE OF YEARS AGO, THE ENTIRE 225 FEET OF
FRONTAGE WAS QUIT CLAIMED TO ONE PERSON . WHEN THE NEIGHBOR BROUGH T
THIS FORWARD HE SHOWS IN THE ACTUAL PLOT LAYOUT THAT 100 FEET OF
THAT WAS IN FRONT OF HIS PROPERTY . AND THAT IS THE 100 FEET THAT
WE 'RE ASKING FOR IN THIS ORDINANCE TO GIVE HIM .
BULLOCK : YOUR HONOR, I 'LL VOTE FOR THIS, BUT IT STRIKES ME, I MEAN , RICK,
I 'M JUST A BABY ATTORNEY RIGHT NOW , BUT IT STRIKES ME THAT THE WA Y
TO HANDLE THIS MIGHT BE SOMEWHAT IN THE FORM OF AN IMPLEADER ACTIO
PERHAPS, IF SUCH AN ACTION EXISTS IN PROPERTY, TO JUST BASICALLY
LEAVE IT IN THE HANDS OF THE COURTS · SAY WE WASH OUR HANDS OF IT AND YOU DECIDE IT .
DEWITT:
llOC I 0 R TO 00 XP Rll • 1'0 U TO Ol 0 IT ITH 00 UT
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VAN DYKE: I THINK THERE Will BE AN OPPORTUNITY SINCE THIS IS THE FIRST
READING OF AN ORDINANCE, THERE'll BE TWO WEEKS PERIOD TO RESEARCH
THIS IN MORE DEPTH. SO ANY FURTHER DISCUSSION? OKAY, PLEASE VOTE .
CLERK: All VOTES HAVE BEEN CAST, YOUR HONOR. LET THE RECORD SHOW FIVE AYES.
VAN DYKE: THE MOTION CARRIED.
•••
....
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u
til
It
A SuQg&~ d C ang To
Chat t r -Sec.
•
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e Ho _ Pule
137 .b
he Board'» po~1 1on d:ffers rom the pos1t1on~ of ott
, •nd htl' 1 1n Jff(7l, ti' n It C1t, \'ounc1l should choosl'
he Cit,.·s and hP Bo41rd's r•com•n datlo.,s. 1 ct>r:>S&P1
11 0
o~ he pla1n 1ff should subm1 ted Iii o
a.ason1ng : t.J • h
h Board's r• ummll'nda 101
ha o e nla1n 1 ·
I• to r ate .choos• h
a e ldiL'n 1c•l•
t OIJ l d b
.ili'ld 1 16
1 r r p o n• i 1 1 1 'I'
It u hor 1
o ma>• d• lSIOns. PI
Coun 11.
s do no wa er down
n 1 err 1
o·.1 o h•
would h
0 1 0
lo
for
ulr• cl a r
tt• propos1 10n
r
I • •
February 26 , 1 990
Mayor Susan V nOvle
Ci t.y of Eng ! e ~•ood
340~ Sou h El~t1 Stt t
EnQlel•ood, CO 80 1 10
De r M vor VanDvl<e :
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Plea~e ccept my e~tqn t 1 on As • me~b r of lhe PJ
nd ZonlnQ co.nmtSSlon , ef I.'C l Vt! 1 ed1•tely .
Ch•~q rn Joe •ton of my ~usb•nd •
t o l ea • En9le od 1n uly of hts
t •nt-tJ Ju l y tor s1qn <rn hoptts
b tween now nd lh n) I felt 1
Thas wi l l qi\• c a y ovnctl he
~ sttto~ •htltt 1t 1s st all •n w.•
~Ql w od h•s b n h~• t ~
~ • ars. Wtt o no w•n
• 1 t-1 s , • f •I w t • • no r "'c 1 •.
h ,,
t C"
:. f • , ,., , •
• e on 1:1 •
"d l n n
nr an d l
tn
9 (a)
n t nq
us
now. t
an
•
DATE
March 5, 199 0
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
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COUN CIL COMMUNICATION
AGENDA ITEH
12 (a)
SUBJECT Agreemen t for Techn·cal
Assistance at e Lowrf
landfill Cleanup Si e .
Bi-Ci ty Super isory Committee
Stewar t Fonda, Direc tor of Bi-City ~WTP
The action propose is to appro e, by ordinance, an Agree~ent for Technical
Assistance at the Lory landf 11 Cleanup Site with GeoTrans Inc., Boulder, Colorado
and an agreement to s are ose tee nical services with t .e City of La ewoo .
PR~VIOUS CO UNCIL ACTI ON
-T e C1 yen er d lr. o a~ nistra I e Order on Co . sen P.espons1~ e Par y (? ?) a t t lo•ry landf 11 Swper ~ d !9 ... 9.
o1 ed t
1 s dt
Coal! c~ o perfor
at e lo ry La dfill on
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T ~e attached agreeme ts were de eloped and are present ed for approva l . GeoTrans has
t een e al uated by staff and counsel and is fully qualif"ed to provide tec hnical
assistance at t e Lowry site. If another technical firm is ob tained, our costs will
be higher , since there will be no cost sharing for the work pro ided.
Th is proposed Lakewood agree ent establishes the "gro nd rules" for sharing t he
technic al services of GeoTrans. It also provides f or rei mbu rsement of a portion of
service costs to Lakewood for work GeoTrans has al ready performed that will
specific ally benefit the Bi-City WWTP . Work performed solely for the benefit of Lakewoo d is not included.
BACKGROUN D
T e City, through its role in the Bi-City plant, has participated with Littleton,
othe r municipalities, and certain private sector interests in negotiations with EPA
over the extent of our liability in cleaning up the hazardous waste proble~s at the Lo~ry Landfill. The need for technical assistance for the Lowry Landfill cleanup
was recognized early in the cleanup negotiation process. Severa l firms were
considered to provide this assistance; however, ~any of t~e qualified fir ms ere
already performing work associated with Lowry and the possibility of conflict of
interes t pre ented retaining the~. One fir was identified, but finally not
utilized because labor charges were deemed too high.
T e use of GeoTrans is another of our ongoing efforts to get the expertise we need
at e least poss1ble costs. Sharing this resource with La e~ood enabl s us o
be efit fro~ the capable research and assistance of GeoTrans at a substantially lo~er cost than ~e could obtain otherwise.
FINAHCJA!,
T e inithl cost of tl;e GeoTrans agree .ent is $4 2,028. This aMount pays for wcr
already cor.d cted by GeoTrans which benefits the Bf-City Wastewater Trea ~e P an .
•ddi tonal e penses of t e GeoTrans agree ent will not exceed an addit ional S2CO,OCO
and ~111 be shared SO/SO betwe n the Bi-City Wastewater Treat nt Plant and e City
of La ewood. Eng ewood and littleton will share in t~e Bi·C1ty's cost on a S0
1
50
ra lo. T us, Englewood's cost will be S21,014 (l/2 of the Initia l S4 2,028) 1 d up
o an additional SSO,O OO for the re ain ng work. The sewer fund of Engle ood Is
Sw ficfent funds to co.er 1ts share.
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---------~--------
AGREEMENT
FOR
TECHNICAL ASSISTANCE
AT THE
LOWRY LANDFILL SOPEREOSD SITE
COLO RAJ)()
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TABLE OF CONTENTS
Recitals ...................................... 1
l. Scope of Services .............................. . 2
1.1 Basic Services ....................... .
1 .2 Extra Services ....................... .
l. 3 Exclusive Services ................... .
l. 4 Reques t for Services ................. .
2
3
3
3
2. Task Orders and ?riorities ..................... . 3
2. l Task Orders .......................... .
2.2 riorities ........................... . 3
3
3. Te~ of Agreer.ent; Suspension of Task;
IrrJ:Iediate Termination .....•.................. 3
4.
3. l Ter.n of Agreen:ent ..............•......
3.2 Te~ination by Cities ................ .
3.3 Te~ination by Consultant ............ .
3.4 Te~ination by Co pletion ............ .
3.5 ~nFerfo~ed Services ................. .
Co~~ensation and !errs of Pa~ent .............. .
3
3
.;
4
4 D
4
4. l General Terrs ........................ .
4.2 Consultant's F as n Ccs s .......... .
4. 3 Ho •rly Faa Basis ••.••....•.••...•••..•
.; . .; Tot 1 Contract ?ayr.ent ............... .
4. 5 Estir.o: tes .•..••.......................
4.6 Excl dad Direct Pa~ont Ita~ ........ .
4.7 Invoice , Progres R ports,
nd P yr.en s Proced res ........... .
4.8 P y::-ent by Cities ....•................
4.9 Audit Exa~ination .................... .
4
4
5
5
5
5
6
6
6
5. c t s' Responsibil ty •..•.......•••.•.•.....•.• 7
Si • Access ...••......•.••..........••
tntor-ro: ti n ............................ .
Ci ea• R view •....•••....•••..•....•.
7
7
6. of Services, epreaent tions,
n •• n cov•n nta by Consult n .•..... 7
7
7 I •
.... '.' .............. .
rda ot Coo •
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6.3 Cc~pliance with Standards and
Laws by Consultant ................ .
6 .4 Permits for Task Orders .............. .
6.5 Field Work and Safety Plans ......... .
6. 6 Hazardous Substances ................. .
6 .7 Reports o~ En~ironillental
Contarn1nat1on ..................... .
6.8 Assurances From Vendors and
· Subcontractors .................... .
7. Non-Cornpl iance ....•.............................
7
a
a
a
a
9
9
7.1 Son-Compliance Remedy ................ .
7. 2 Notification ..••......................
8.
Contract Documents ........................•.....
9
9
9
9
10
10
10
10
)
0
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11
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12
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n
9.
8.1 Ownership ot Docurnents ............... .
8.2 Return ot Contract Docu~Gnts
to Cities ..•...•...................
Confidential Intorr. tion ..•....•................
10.
9.1 Ccntidenti lity ot All contr ct
Docurnents ••••....•.•..•............
9.2 Use or Disclosure Li !ted ••.•....•....
9.3 Technic l Articles ....•..••.•..•....•.
9.4 ~•rmitted t.:ses ..........•.•...........
Ins ranee . .................................... .
10.1 I~• r nee Cover ~e ...............•....
10.2 I:"'sur nee Co. pli nee ....•.............
10.3 Cities Na e Insured ..••.•.......•....
10.4 Spec1 1 an Ad ition lIn r nee .....•
11. Inde n !ica lon •.•.•••.•.•••••••.••.••.•......••
12. In ~·n~en Con r cor ....•.•.••••...•....•...••
13. •
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15.
16.
17.
18.
19.
20.
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Delegation a~d ~o~-Assign=ent .................. .
14. 1 Delegation and Consultant's Special
Expertise ...•.•....................
!~on-Assignrr.ent ....................... . 14.2
Force ~aj eure ...................•.•.............
Changes .......•.•.....•......................
Entirety ........•.•.•..••.....................
Time is of the Essence .•.•......................
Miscellaneo s ~attars ....•......................
19.1
19.2
19.3
19.4
19.5
19.6
19.7
19.8
19.9
Agree~ent to Perf om !\ecessary Acts ...
Altendr.ents ..•..•.•....................
Successors and Assigns .......•........
Validity of Agree~ent .......•.........
!'lotices .•..••......•..........•.......
Coverninq Laws ...............•........
Disput Resolution .....•..............
Prep ration of Agree~ent n TasK
Orders ••.••••.•...................•
Counterparts •......•..•.............•.
Anti-Discri . ination ...•.•••.....•...............
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13
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14
15
15
15
15
15
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15
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16
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THIS AGaEEMENT is entered into this
-------------• 1990, a:.~ong the "Cities",
d a y c:
City of Lake~ood,
a municipal corporation of the State o f
Colorado
445 South Allison Park~ay
Lake~ood, Colorado 80226;
City of Littleton,
City of Engle~ood,
municipal corporations of the State of
Colorado,
acting through the
Littleton;Engle~ood Bi-Ci y ~aste~ater Tre atne~t Plant,
a joint venture bet~een the Cities of
Littleton and Engle~ood, Colorado,
29 0 0 So th Platte River Drive
Engle~ood, Colorado 80110
and "Consulta n t",
GeoTrans, Inc., Virginia corpor~ticn,
33 00 ~itchell Lane
Su te 2SO
!o lde r, Colorado 80301
Becitoll
A. The C ties and Consu tant des ire to en t er into th a gree ~ent !or the p rpose o f governin1 their overall rel tions. ip
tor ••~Jice s previded by Cons~l an rela t ed to t~e Lo•rt Land!i 1
S perf n Site ("Sl e"):
n e per !~e Ci •• re u re ~ro!ession l tec!':nic l ••~Iicea i h res ec to he ite:
c.
Auq at 2, 1911 ("
profess on l
lnto an gree• n
l':.e prov a.on
en ere 1n o
~ rch 10, ltU:
ra A. en -
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-· ':"!;e Cities and certain ot!"ler pote:-:tial.y :-es;::~:-:s:::~e ~arties ( "?R?s") have entered into an Ad::::inistrati·:e Orear
en co;sent ~ith the Cnited States Environ~ental ?rctect~on Agency
( "E?.l'.,") and the State of Colorado captioned In the Matter f
Landf' Shallo·., G und-..a e and Subsu ace r .;cru;ds c:nj
studyfiesl Proceeding Under Sections 1~(bJ and~ Cdl (3£i of t~e ~onorehensive Environmental Resoonse. Korr .... ensati;n and Liabil~ty ~cf oL 1980. as aiTended by the SUpert'rd Ar::ndnjftf and Reah-
orization Act of 1986. 42 u.s.c. §§9_04 (b)_ 9 __ 2_el (3), which
requires the Cities and certain other PRPs to conduct a Remedial
Investigation/Feasibility Study !or the Lowry Landfill Shallc·.,
Groundwater and Subsurface Liquids and Deep Ground.,.ater Operable Cnit ("Ground .... ater OU"):
F. Lake· .. ·ood has l:::een using Consultant's services to
provide technical expertise in anticipation of litigation with
E?A, the State o! Colorado and other PRPs and for Lake~o.·ood' s
participation in the Ground.,..ater OU at the Site;
G. Littletonj:Enqle1o1ood seeks to ret.:sin Consul tant in
anticipation ot litigation and for participation in the Ground-·,;ater OU;
H. The Cities require Consultant's services to provide
technical expertise in anticipation ot litigati on , in t rtherance
of the rendition ot legal services, and tor the Cities participa-
tion in the Groundwater ou at the Site:
I. The Cities also seek to ::~ini ize the exper:se ot
tri l prep ration, 1 tigation nd respons ccst allocation by s~ rinq the Consultant's technic 1 expertise;
J. The Cities ha •e entered into an Aqreerent t o r Ce~
-on Defense nd Sh r nq ot Technlc 1 Services, ~h ch incorpor es this Technic 1 Ass1st nee Agree nt.
~ow THEREFORE, in cons er tion ot . • pre 1ses, provi-
n ~ 1 i r.en • ~a~e n his Agree ~•n t, ~ ~art. • • tollo':.s:
I .
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1. 2 Extr3 Seryices The Consul ta;,t shall ;;rc·;i:!e
services in addition to these described in Attac h:-ent I -.:po;,
receiot of a properly executed Task Order fro::t tl":e Cities o r a City.-
1. 3 E:xcl usi ve Services The Consultant shall
provide services exclusively for the benefit of either Lake ~ood
or LittletonjE:nglewood upon receipt ot a written Task Order fro::~
a City and a certified statement that a copy ot the Task Order
and any a~endments thereto have been provided to tl":e other City.
1. 4 ReaJJest for services Consultant shall be
available to the Cities on an as requested basis and Consultant
expressly acknowledges that the Cities, at their discretion, ~ay
or may not issue any Task Orders tor, or request any, ~ork under this Aqreel!lent.
2. Task Orders and Prioritie:~
2. 1 Ta:~Js Order:~ All Services ..,ill l:e tor pro-
jects in connection with the Site. Services sh 11 be perfo~ed
pursuant to Task Orders signed on behalf of each City nd Con-
sultant in the fo~ ot Attach~ent II which, pon exec tion by the
parties, sh 11 auto~atically becol':le a p rt of this Agreer.ent.
Each Task Orde r is dee~ed to create a separ te gree~ent , or ~sy a~end and modify previous Tasl<: Order and, as a~ended, shall be deer.~ed to create separate agreement, and each nd every Task
Order shall l:e governed by this Agreer.:ent. ~eferencas to t.his
"Aqreer.:ent" sh 11 include the Task Orders nless he cor e>.t expressly requires othe rwise.
2. 2 Prioritiu In 11 instance pcsuble, .. e
Task Orders and his Aqreer-ent shall be given full ettec:t b , i1'
conflict exists, the provisions of this Agree ant sh 11 c~~
rol, unless the l' sk Order express y prcv ides o her. se. T .. e
provisions of later exec ad T sk Crder sh 11 control these c •
n e rlier Task Order unless the context requires o .er~lse.
l.l
•nee on the •
un il n e n.
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_,._ _______ -----
tive oon receipt by Co n sultant of the ~:otice o f Ten ina t:.:::-~
unless ·othe r ..1 ise stated sent by certif ied ::-.ail to Consultant's
Colorado office at the address above . Such ~o tice of Teninat io:1
shall specify the extent to which performance of the wo rk unde r
th i s Agreement or any Task Order shall be terminated and t h e effective date of such termination .
3 . 3 Iernination by Consultant The Consultant
may terminate this Agreement for any reason with 30 days prior
written notice to the Cities . In the event of a mater i al breach
of this Agreeme nt by the Cities, the Con sultant may terminate
this Agreement if the Co nsu ltant gives the Cities written not ice
by certified mail of t he material breach and the Cities have
failed to cure t he specified material breach within seven (7) days of rece ipt of the written notice.
3. 4 Iernination by CoC~pletion This Agreement
shall expire upon completion of t he Groundwater ou RI/FS which is
anticipated to occur during calendar year 1992 .
3. 5 Unperton:ed Seryices Notice of ternination
or suspension of Services under a specific Task Order by the
Ci ies shall not suspend or terminate or be grounds to suspend or
terminate any unperforned Services, pro, ises, or covenants to be
kept and performed under any other Task Orders and this Aqree~ent
unless the Cities also give express notice that the Consultant's
performance with respect to one or rore specific Task Orders or
this Aqree~ent, or both, is suspende:1 or tar.~~inated, or bo h.
This provision shall not be deer-ad a release or waiver of Cons 1-
t nt 's li&bllities (inc u~ing liabil ty for damages ) or relin-
quish ant of Cities ' rights nd re::edies for any cts or o. is-
s ons of Consultant, its !filiated persons and firrs, or any o!
heir o t'fice rs, e:-plo)•ees, c;ents, ·enders , subcontractors, n
consult nts nder T sk Order an this Agree~ent.
4. CO¥ptnsotion and Iar:s ot PA>Teot
0
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1990. Work perforned after Septe~~er 30, 1990, and after
September 30 of each succeeding year of this Agreer.-.ent ~oo·ill be
charged at rates to be mutually agreed upon by all parties.
The Consultant shall provide to the Cities proposed new hourly
rates and direct project costs on or before September 30 of each
year o! this Agreement. The Cities shall have 15 days or until
October 15 o! each year o! this Agreeinent to approve or dis-
approve the proposed new rates and costs. If the proposed rates
and costs are approved by the Cities, Notice shall be given to
Consultant and they will be effective retroactively to October 1.
In the event the Cities disapprove the new rates and costs, which
disapproval must be given no later than October 15, the Cities
and the Consultant may enter into negotiations to determine ~utu
ally agreeable new rates and costs. If such rates and costs are
mutually agreed upon, the new rates and charges shall be effec-
tive retroactively to October 1 unless otherwise mutually agreed
upon in writing. It, following negotiations, the new rates and
costs cannot ba agreed upon, either of the Cities or the Consul-
tant rDay terminate this Agreement; provided, however, that any
work performed by Consultant after October 1 shall be paid by the
Cities at the proposed hourly rates and costs submitte by Consultant on or before September 30.
4. l Hourly Fee BuiJ Periodic pa)'l:lents will be t
based upon the time charged by hourly rates tor professional,
technical, and administrative personnel perf or .. ing the Services.
4. 4 Total Contract Pl\xent The total pa}"::'ent
!or services perforced under this Agree~ent, the Original ~gree-
ent bet..,.een Lakewood and Consultant and the Task Orders nder
this ACJreel!lent shall not exceed 'I"'•o Hundred Thousan~ Ool.ars
($200,000.00). The tot 1 pa~~ent a~ount ay be changed only by
written end~ent of this ~~ree~ent.
4.5 For specific Services requestej
by the Cities, the Consu t nt shall, in a ..,.ritten proposal, o t-
line the services to be per!o~ed, the schedule !or per!or~ nee,
an he tot 1 estil':late !ees and costs. Any charges over n:S
bo e Consult nt's est ~ te to ls ~ust be approved in adv nee
by he C ti a' esi n t r presen iva. The Con ul ant's p~o
os 1 h 11 be in the !o~ etA ch.ent II.
use ot
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.; . 7 Invoices. Procress ;<eoorts, and ?av~.ent
Procedures Invoices will provided to the Cities nonth ly. Invoices
shall be separate for each Tasit Order. Each invoice shall =e
accompanied by a brief billing summary and progress description
of each Task Order project: including the contract anount,
billed-to-date amount, remaining amount, direct project costs,
and a brief description of the activities undertaken, the hourly
rate and the hours spent by each employee on the activities and a
statement of any potential costs in excess of the Consultant's
estimate for the Task. The invoice amount, billing summary and
progress description shall be satisfactory to the Cities' desig-
nated representatives before payment on any unpaid invoice.
4.8 Pavnent by Cities
(a) The Cities shall pay the Consulta n t
within 30 days of receipt by each City of the Consultant's
invoice. Payment of the invoices is subject to Consultant's
satisfactory compliance with the tenns and conditions of this
Agreement including Sections 6 and 7 and any pertinent Task
Orders. In the event that payment is not received from either or
both of the Cities within 40 days of each Cities receipt of the
invoice, the Consultant shall notify the Cities, in writing, of
the failure to make paynent. If payment is not received within
47 days of each Cities receipt of the Consultant's invoice, the D
Consultant may cease work on any pertinent Task Orders.
(b) Consultant's invoices shall be paid
fifty percent (SO\) by Lakewood and fifty percent (50\) by
Littleton/Englewood. In the event Consultant provides services
exclusively for the benefit of Lakewood or Littleton/Englewood,
pursuant to section 1. l, the City receiving the exc usive bene-
fits shall pay one hundred perecent (100\) of all costs, subject
to paragraphs ( ) and (b) of this Section.
4.9 Audit Exartinatioo Records of Consultant's
Standard Ti~e Charges pertaining to the project sh 11 be kept on
a generally recognized accounting basis and shall be available to
the Cities or their a thorized representat ive at ~ t al y conven-
ient times. It is agreed th t the c ties' authorized repesent -
tives shall h ve ccesa to any books, doc~.or.enta, p para, nd
records of Consult nt ·h ch re d rae ly pertinent o hi Agree-
ant tor the purpose of -• ng ud t ex ir.atior.a, • carp a. nd
tr nscr pta. It is greed hat any such ex 1r. t on s ll be
pernitted a he Color do ot!ice of Cons n , pon re so. ble notlce qiven by he Cltles.
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s. Cities' ~esoonsibility
s. 1 Site 0 cceu
Consultant has access to the Site
property necessary for Consultant
Agreement.
The Cities shall ensure that
or any other public or private
to perfo~ its work under this
5 .2 Information It is the Cities' policy to
supply information to Consultant for use in performing Serv i ces
which is not knowingly incomplete or inaccurate. The Cities
shall provide, at their discretion, all reasonable, relevant and
applicable information in their possession which is pertinent to the work to be performed.
5. 3 Cities' Rev ie\f tip on request by the Con-
sultant, the Cities' representatives shall review all studies,
reports, sketches, estimates, proposals and other documen ts
presented by Consultant and render decisions and op1n1ons per-
taining to such request within a reason able time so as not to delay Consultant's work.
6. Standard of Services. Representations . Warranties and Coytnants by Consultant
Consultant represents, 10arrants, and covenants to the Cit ies that:
6.1 Recognized !xptrt Consultant cust o.arily is
engaged i n, and is a recognized expert for, the business set
f o rth in Section 1, above, in tht Scope of Services and Task
Orders and Consultant shall ~er!o~ the Services in a sa!t, gooj and workmanlike ~anner.
6 .2 Recognized Standards of Good Practict
Consultant performs its Strvlces in accordance ~ith the highest
recognized standards of good practice, exercising that reason ble
degree of highest cart, skill, and ability which is ordinarily
t ployed by other recognized experts under the sa~• or si 1lar cond tiona.
6.)
a-
r:a
•• re
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•
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19o6, the ~esource Conservation and Recovery .;ct of 19i'6, as
a:::ended, the Hazardous and Solid ~o.·aste .=..~end nen ts of 1984 and,
where applicable, the state counterpart statutes.
6. 4 Pep its for Task Orders \\here necessary
under any Task Order, and unless otherwise agreed in writing, the
Consultant shall tinely obtain all permits, licenses, certifi-
cates, or approvals necessary to the performance of the Services
!or a Task Order and required to comply with applicable laws,
statutes, ordinances, orders, rules, regulations, and safety
plans o! the federal, state, and local governt:~ents, and shall
Jceep each o! them up-to-date. Consultant shall furnish Cities
with copies o! all pe~its, licenses, certificates, or approvals
required to be obtained pursuant to the preceding subsection.
Consultant will provide Cit i es with copies of renewals of such
permits as they are obtained, and will immediately notify Cities'
designated representative of any revocation, denial, lapse, or
cancellation, and copies thereof and the grounds therefor, of any
permit, license, certificate, or approval.
6. 5 Field Work and Safety Plops It is antici-
pated that the Consultant's work shall consist prinarily ot
office work and will not involve substantial field work. However,
where any Task Order calls for field work, including oversight
activities at the Lowry Landfill Superfund Site, the Consultant
shall be responsible to plan for and take appropriate precau tions
to avoid risk and itigate injury or do .age to the environment
and the public health and welfare. The Consultant shall co~ply
with or develop s necessary and appropr ate all hea th or opera-
tional safety pl ns applic b e by 1 w or otherwise to any field
work on any s te !or any I sk Order under th s Agree ant.
6.6 Hazardous su;stances Consultant sh 11 exer-
c se due care with respect to haz rdo s substances, taking into
consideration the char cteristics of such hazardous subs ance, 1n
light of ll relev nt f cts and c rcu~s onces; sh 11 ake preca •-
tions 9 inst foreseeable eta or o is io~s of Con ultant or any
of i s subcontractors and he consequences h co ld !o res e b y
res lt fro such e s or c . is ·o ns: n sh 11 i nto ClUes
o t • pr b )' i:-~ 0 c vn • r r s n ·••·
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most practicable means available.. If injury or dai:".age occurs,
Consultant's project l:lanager shall investigate and con fer wi t!-1
Cities' designated representatives to detert:line the source,
nature, and extent of the injury or damage and whether the cause
by discharge, release, or escape was sudden and accidental or by
other continuing or regular activity. Consultant agrees, if
requested by Cities, to fully cooperate and assist to take i~~ed
iate and appropriate measures necessary to minimize injury and
damage and protect the public health, welfare and environment.
6. a Auurancu from Vendors and Subcontncton
Consultant shall obtain from all vendors and subcontrac~ors of
Consultant written assurances of the Standard of Services, Repre-
sentations, ~arranties and Covenants in all the preceding subsec-
tions of this Section 6, stating that they are for the benefit of
Cities, to the same extent as made herein pursuant to this Agree-ment by Consultant.
7. Nop-Conplianct
7.1 Non-Compliance Remtdy If the Cities deter-
mine that any work performed by ~he Consultant is not in co pli-
ance with the ~err-s and conditions of this Agreer.:ent, including
Sections 6 and 7, or any pertinent Task Order, the Cities shall J
notify the Consultant. If such work is caused by or due to the
negligence, gross negligence, or intentional acts of ~he Consul-
tant, the Consul~ant shall, at the request of the Cit es, correct
any such work in a tirely fashion, at its own expense, without
further obligation or liability on the part ot the Cities. If
such worlc is caused by a force majeur event as set forth in
Section 15 of this Agree ent, the Cities ~ y request he Co s 1-
tant to correct such work. The consultant sh 11, pon reques ,
prep re an est ~ate to correct s ch wor~. ~h ch sh 11 be done the Cities' ex~•~••·
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accordance wi th this Agreenent) received or produced in accor-
dance with this Agreement by Consultant or its vendors or subcon-
tractors (collectively called the "contract documents") are and shall remain Cities' property.
8.2 Return of Contract Documents to Cities Upon
request, and in any event within 30 days after completion of
Services, as to all contract documents received or produced by
Consultant and its vendors and subcontractors for this Agreenent
or any Task Orders, Consultant shall deliver, in any reasonable
manner prescribed by Cities to Cities' designated representa-
tives, such contract documents. Subject to the provisions on
Confidential Information in Section 9, below, Consultant, but not
its vendors, subcontractors, or other third parties, may retain copies for Consultant's files.
9. Conf idential Ipforrnation
9.1 Confidentiality of All Contract DocumentJ
Consultant acknowledges and agrees that all contract documents
are deemed confidential and proprietary infor~ation , owned exclu-sively by the Cities.
9.2 Ust or Qisclosure Limitea Consultant recog-
nizes that its servicts are being providtd in furtherance of the
rendition of leqal strvices and in anticipation of litigation.
Consultant agrees and covenants not to use or disclose to third
persons any of Cities' confidential or privileged information
which btcomes known to Consultant except (a) to a governmental
authority havinq authority over the information whose regulat ions
assure confidentiality of tht Cities' contract documents, and
then to the txtent possible, Consultant shall not disclose con-
tract documents to a governmtntal authority before 10 days
advance notice to Cities ' designated representative, and the
lapse ot such time for a successful objection by the Cities; and
(b) for use in connection with a Task Order and when approved in
writing in advance by the Cities• designated representatives.
9.3 Itchnical Articltl Consultant will not
publish, in ' ny technic 1 rtieles or otherwise, c ties' eon!-
den 1 1 into tion w thout the c t es' prior consent.
t. Consul ant ay se an pub-1 sh C t ea• n ~e and bn,et, general descrlption o t the Ser-
vices provlde to Cltles by Consultant n deserib1nq Consultant's
experience nd qu 1 f c t ona o other clients or potential clients,
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10. Insurance
10. 1 Insurance Coverage For Consultant's opera-
tions Consultant shall obtain and maintain in effect at all
times'during its performance of Services under this Agreement the
following insurance, in the following amounts:
Insurance Coverage
1) Comprehensive General
Liability Bodily
Injury and Property
Damage Liability and
Completed Operations
2) Automobile Liability
(Including OWned and Non-
owned Automobiles)
Bodily Injury and Property
Damage Liability
3) Environmental Impairment
Liability Insurance
4) Workmen's Compensation
Employer's Liability
Limits CMinimuml
Each
Occurrence
Aggregate
Each
Occurrence
Each Claim
Aggregate
Each Accident
$1,000,000.00
$1,000,000.00
$1,000 ,000.00
$5,000,000 .00
$5,000,000.00
Statutory
stat tory
10.2 Inautance Cornpliap;e Consultant sh 11 f u r-
nish Cities with eertiticates evidencing such cover ge . The
insuri ng co pany shall be uthorize to do bus ness in he s te
n hic:h the Site is loc: ted nd he insur ng co pony, n all
respects dee ad a tar al by the Cities, nc:l d ng the ins r nee
co p ny • a r 1ngs and net wor h, sh ll be a c c:ep ble o he
c ies. Consu lt nt shall prov de the c t es• Rhk M nagar w th
30 days advance notice prior to cancell ion, annul ant, or
t ri l a end n . Consultant shall not co ence Serv1cas an
no obligation to p y Consultant shall arise un il Consul h s
provided evidence of such insurance coverage o c ties . the
Consult nt .Is un ble o obtain any 1nsur nee 1 s ed n ec: ion
10.1 bove, he Consul nt sh ll c:ertity s in wr ing to he
C1 J.e xpl. inin the efforts de to obt in he in ur nee n I
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the reasons for consultant's inability to obtain sa l:l e. The
Cities !:l ay agree to obtain such insurance at their o~n expense.
10.3 Cities !'lamed Insured All Automobile Lia-
bility and General Liability policies shall include the Cities as
additional named insureds by policy endorsel:lent.
10.4 Special and Additional Insurance Consultant
agrees to diligently review the Services as work progresses with
respect to any possible need !or special insurance and, before
any insurable event arises, recommend to Cities accordingly and
provide reliable information to Cities' designated representa-
tives on the cost o! premiums and expenses !or, and the availa-
bility o!, the coverage recorrunended by Consultant. I! Cities
agrees to reimburse Consultant !or the costs o! additional cover-
age as evidenced by a Task Order and requests that Consultant
furnish additional insurance or bonds, or both, Consultant,
consistent with the provisions of this Section and the Task
Order, within 30 days of such notice, shall purchase the addi-
tional insurance or bonds and, if applicable to one or more of
i ts subcontractors, cause insurance or bonds, or both, as the
case may be, to be purchased !or such subcontractors.
11. Indepni!ication
Consultant shall indemnify and save har less the
Cities and their political subdivisions fro and against any and
all claims, del:lands, liability, da ages, suits, response costs,
actions, or any other costs, causae of act1on of every kind or
nature, including those aria ng under the Cci:~prehensive Environ-
mental Response, Co~pensation and Liab1l ty Act, as a ended, and
the Resource Conservat on and Recovery Act, as a ended, which ay
be brought agau~n. the c ties arising out ot (a) the negligent,
grossly negl igen t or ntentional acts of the Consult nt, or its
employees or agents or subcontractors, (b) the errors or o il·
sions ot the Consultant or ts e ployees or agents or subcontrac-
tors, (c) the breach of this Agree ant, he scope ot Services,
the Standard o! Services, Representations, ~arr nties and
Covenants by the consultant, its e p oyees or a; n • or ubeon•
tr cton, or (d) the viol tion of any fa er 1, • •· loc 1 or
co on la s by the Consult nt or s • plo) s or 9 n • or
subcontr c:tors. Th • inde n tic on ah 11 inc ucSe cos a o f
defense nd ra son b e orneys• tees.
12. XndtptnOtnt kpntraetpr
consultan represan •
covenants that 1 shall, perter. h • Agree
dent contrac or, nd • such. shall h
control ov•r 11 ot 1 • n ta attlll
• ployees, a en •, n aubcontrac or•.
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anyone employed by it shall be, represent, act, purport to act,
or be deemed to be, the agent, partner, representative, employee,
servant, or joint venturer o! the Cities or have the authority to bind the Cities.
13. The Parties' Representatives
13.1
Proiect Manager Consultant's Qesiqnated Representative and
13.1.1 oesignated Representative Consultant
shall at all tirnes during the course of this Agreement have a
designated representative (or representatives) authorized and
empowered to act for and on the behalf of Consultant on all mat-
ters within the terms of this Agreement and such representative
shall be reasonably available to Cities. Contemporaneous with
the execution of a Task Order under this Agreement, Consultant
shall notify Cities of the name of its designated representative
for the Task Order and such appointment shall remain in e!!ect
until notice or substitution is given by Consultant to Cities.
13.1.2 Proiect Manaaer The Project
Manager shall spend as much time on the Task Order project as is
necessary to assure Consultant's performance or the Services.
13.2 Cities' Ptsiqnated Representatiyl
Contemporaneous with the execution of a Task Order under this
ACJree ant, Cit es shall notify Consultant of the na e of its
designated representative for the Task Order and such appoint~ent
shall reaain in effect u til notice ot substitution is CJivan by
Cities to Consultant. s d representatives shall have co plate
authority to 9 ve nstructions, receive intorcation, interpret
and define the Cities• polic as and decisions with respect to
materi la, equ p . ant, ele:-enta, and systems pertinent to tha
scope ot servi c es !o r h s ACJree ant. The Cities' representa-
tives shall no ha • u ho ri y to o rally pprove work.
14.
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tant shall remain responsible, obligated, and liable to tr.e
Cities under this Agree~ent and the Task Order.
14.2 ~on-~ssignment Consultant shall not assign its rights under this Agreement.
15. force Maieur1
Consultant shall be excused from performance of its
Services for a Task Order in the evant of and to the e>:tent that
such performance is materially delayed or prevented by (a) an act
of God or act of war: (b) unforeseen strikes or other labor dis-
putes, riots or other civil disturbances, or (c) compliance with
any emergency order of any governmental authority. Consultant
shall give the Cities notice, as soon as reasonably practicable
by telephone or telecopier, of the occurrence or anticipated
occurrence of any excusing circu~stance affecting it, and shall
exercise all reasonable efforts to mitigate or eli~:~inate such
circumstance. If requested, Consultant will forthwith supply
Cities with documen~ation of the excusing circumstance subject to
Cities• review and decision of concurrence or objection.
Consultant shall, prior to any suspension of perfo~ance in reli-
ance on this Section, take all necessary precaut ions to protect
the public health, welfare, and environment and itiga-:e any D potential injury, liability, or damages.
16. Chanqn
Consultant shall make no changes in the Serv cas or
timing of its perfor::ance un~er this Agreer.:en~ or Task Orders
except as is mutual y agreed upon by the part es by a ~ask Order.
Additional Serv1ces ?•rforred by Consultant Wlthout pnor a th-
orizat on f::o::~ the C ties will not entltle Consultant: to re c-burse ant or pa)nen~.
17. Entin;:z:
Subject to the Task Orders e under this
Agre ant, this co pr ••• the en ire Agreement b ween c ties an
Consult n an supercede• 11 prior :-epre1ent ions and under-
at nd n s be een Cl.t1es nd Cor.sul ant concernin9 the subject t er n derat on hereot.
11.
••••nee for the per!or. nee ot ar-
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t c pt ~here he
ll references o
d, however,
l or •tate holi· day.
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19. Miscellaneous Matters
19. 1 Agreement to Perform Necessary Acts Each
party to this Agreement agrees to perform any further acts and
executa and deliver any documents that may be reasonably neces-
sary to carry out the provisions of this Agreement and Task Orders.
19.2 Amendmtnta The provisions of this Agreement
and Task Orders may bt waived altered, amended, or repealed, in
whole or in part, only on the written consent of all parties to
this Agreement. Any amendment or modification of this Agreement
shall require the signature of an officer of both the Cities and Consultant.
l9. 3 Success ora and Asaigns This Agreement and
Task Orders shall bt binding on the parties to it and their suc-
cessors in interest and shall inure to the benefit of the Cities
and its assigns and successors in interest.
l9. 4 Validity of Agr11ment It is intended that
each Section of this Agreement and Task Orders shall be viewed as
separate and divisible, and in the event that any Section or part
thereof shall be held to bt invalid, the remaining Sections and ·
parts shall continue to be in full force and effect.
19.5 Notices Except when another means or commu-
nication is expressly authorized in this Agreement, all Task
Orders, notices, claims, requests, demands, authority, verifica-
tions, permits, licenses, certificates, approvals, reports, dele-
gations, assignments, and other col!llllunications intended to tv -
dtnce ptrfornance or compliance with this Agreement shall be
effective as such only when in writing ancS shall bt dtt td to
have been duly given (a) on the date ot service it served per-
sonally on the designated representative of a party to who.
notice is to be given; (b) withi n 24 hours after sending by tale-
copier if transm1tted to a teltco~ier in the office of the person
to whom notice is to be given as a designated representative o!
party; or (c) within tour bus ness d )'s tter 1ling, it ailed
to the design ed representat •e ot p r y to Who not ce a o
be given, by firs cl ss 11, postage prep id, and in 11 even s
for giving not ce the notice shall be properly ddress d to the
p rty at his or ts ddress set forth on the first p 91 of th s
Agree ant, or any other address that ny p r y y des ;nate by wr itten notice o the other.
1 t. 6 Goyerninq Wlltl Th s Agree en , u o •
cons ruction and in trpreta ion, shall be construed n ccord nee
with, and governed by, ht la s ot the sta a of Colorado in whic
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Cities are located. Venue of any suit or cause of action under
this Agreement shall be in Arapahoe or Jefferson County, Colorado.
19.7 Dispute Resolution If a dispute or conflict
of interest arises between the parties relating to this Agree-
ment, a meeting shall be held promptly between the parties,
attended by individuals with decision-making authority regarding
the dispute or conflict of interest, to attempt in good-faith to
negotiate a resolution ·of the dispute or conflict prior to either party pursuing other available remedies.
19.8 Preparation of Agreement and Task Orders It
is expressly agreed by Consultant and Cities that this Agreement
and Task Orders, when signed by the parties, have been prepared
by, and shall be deemed in all respects to be an agreement rego-
tiated between, the Consultant and Cities. In case of a non-
resolvable conflict of provisions, the conflict shall not be
resolved on the basis that either Consultant or the Cities (but
not the other) prepared or authored the Agreement and Task Orders.
lt.t Cgunterparts This Agreement and Task Orders
may be executed in one or aore counterparts, each of which shall D
be deeaed an original, but all of which together shall constitute one and the same instrument.
20. Anti-Discriainatipn Consultant shall not discr imi-
nate against any .. ployee or applicant for .. ployaent because of
race, color, age , sex, religion, or national origin. Consultant
shall take affi rma tive act ion to ensure that applicants are
• ployed, and that employees are treated duri"9 • ployment with-
out regard to their race, color, religion, age, sex, or national origin.
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IN WITNESS WHEREOF, the parties have executed tnis
Agreement as of the day and year first shown above.
CITY OF lAKEWOOD
By:
By:
Nancy Freed
Acting City Manager
Richard J. Plaatino
Director of Public Works
ATTEST:
By:
Karen Goldman, City Clerk
APPROVED U TO FORM:
By:
y:
Roger Noo n an , City Attorney
D BI•CITY
PL.VI"l'
CEOTRANS, INC., CONSULTANT
By: Tit~1-e-:------------------------
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LOWRY LANDFILL TECHNICAL ASSISTANCE AGREEMENT
SCOPE OF SERVICES
Consultant shall provide some or all of the services listed below
to provide technical assistance for the Cities' participation in
the Groundwater OU for the Lowry Landfill Superfund Site, in
anticipation of litigation and in furtherance of the rendition of legal services:
l. Identification of sewage sludge composition based on:
a. sewage contributors;
b. testing sludge disposed of on the treatment plant site;
c. plant operations;
d. current flows and sewage characteristics;
e. review or records; and
t. other factors.
2. Evaluation or toxicity, treatab ility, i grat ion and poten -
tial harmful effect of sludge based on:
3.
a. co position:
b. concentration:
c. so ls and ground water at Lowry; and
d. ot er !actors.
ion ot propos ls tro
r Lowry Ps t or cos a r-
nd ox1city of the 1 d •
sposed ot •
ATTACHJ( T I I • •
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4. Review of documents produced by EPA, the Lo~ry Coalition and others.
5. Participation in meetings with the Cities, EPA, the Lo· .. ry Coalition and others.
6. Provide consultation to the Cities' attorneys as required by the Cities.
1. Provide expert testimony and litigation support.
8. Provide remedial
oversight. investigation and feasibility study
9. Prepare documentation and analysis for inclusion in EPA's adainistrativ e reco rd.
10. Evaluate proposed re ed i al actions.
ll. Other services autually a9reeable to the Cities and Consultant.
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CTITLEl
TASK ORQER NO.
LOWRY LANDFILL TECHNICAL ASSISTANCE AGREEMENT
Purpose:
Scope:
Deliverable•:
Estiaated Fee:
Estiaated Coapletion Date:
Co•t• Payable by Lakewood:
Co•t• Payable by Littleton/En;lewOOd:
APPROVED:
o ic:e to Proceed
e:
GEOTRANS, INC.
CITY or IAJCEWOoD
LITTLETON/ENGLEWOoD
BI-CITY WASTEWATER
TREATMENT PL.\NT
n
City Engineer
Director
D
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MREEMEN'l'
This Agreement is made and entered into on the day of
-------:---...,...-' 1990, 'between the City of Lakewood ("Lakewood")
and the City of Littleton and the City of Englewood, acting
through the Littleton/Englewood Bi-City Wastew~er Treatment
Plant ("Littleton/Englewood").
RECITALS
WBZRZA&, Lakewood and Littleton/Englewood (referred to col-
lectively as "the Cities") have 'been joint and severally named 'by
the United States Environmental Protection Agency ("EPA") as
potentially responsible parties ("PRPs") with approximately 200
other entities under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended 'by the Super-
fund Amendments and Reauthorization Act of 1986 ("CERCLA") for an
indeterminate amount of response costs incurred and to 'be
incurred 'by the United States and the State of Colorado at the
Lowry Landfill Superfund Site (Section 6, TtS, R65W, 6th P.M.)
("Lowry Landfill"): and,
WBZRZA&, the cities have 'been named as PRPs under CERCLA for
their disposal of municipal sewage sludge at Lowry Landfill: and,
WKZRZAS, the Cities are currently preparing for litigation
with EPA, the State of Colorado and other PRPs to defend against
potential liability and to ensure an equitable allocation of all
government response costs to the Cities with respect to their
disposal of municipal sewage sludge at Lowry Landfill: and,
WBZa&Aa, the Cities have a community of interest and are
faced with parallel, common and mutual legal and factual issues
in defending against their potential CERCLA liability and ensur-
ing an equitable allocation of government response costs among
all PRPs: and,
WWERZAS, the Cities and certain other PRPs have entered into
a Second Aaended and Restated Administrative Order on co"sent
("Consent Order") with the United States Environ ental Prot
Agency ("EPA") and the St te ot Colorado captioned AU~~~~~
gf Lgyry Llndfill Shallgy Crpundyattr and supaurfact Liguidt and
Qttp Crgundwattr Operap1t Unit Rtatdial Inyestiqatign/ftaaipility
StudyCittl Prgcetdinq Undtr Stctignt lOtCp) tn4 122Cdlfll. qt the
Cgmprthlntiyt £nyironmtntal 811QODI9. Comptnlttipn IQO Lia~lli'y
Act o r 1110. •• aatndtd by tbt Supartund AatndlfDtl and Reautb•
grizatipn Act gf 1916. t2 u.s.c. ttttOtCpl. 1622(4) tll, which
requires the cities and the other na•ld ~P• to conduct e •
dial tnvtstig tion/Feaaibility Study for tht Lowry Landfill
Shall Groundwater and Subsurface Liquids and Deep Ground ater
oper ble Unit (•Groundwater ou•)t and, I •
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WHEREAS, the Cities have incurred litigation, legal, tech-
nical, professional, and other fees, costs, and expenses as a
result of their obligations under the Consent Order and C£RCLA; and,
VBEREAS, in anticipation of litigation and in furtherance of
the rendition of legal and technical professional services for
the common, parallel and mutual legal interests, the Cities seek
to minimize the expense of trial preparation, litigation and
response cost allocation by sharing technical expertise: and,
WIEREAS, the attorney-client privilege, the work product
privilege, and all other privileges shall be preserved by the
community of interests between the Cities in any actions by EPA,
the State or by other PRPs at the Lowry Landfill: and,
WKEazAS, Lakewood has retain•d and has been using the pro-
fessional services of GeoTrans, Inc. ("GeoTrans") to provide
technical environmental expertise in anticipation of litigation
and for Lakewood's participation in the Groundwater ou and other activities at the Lowry Landfill: and,
WBEazAS, Littleton/Englewood seeks to retain GeoTrans for
potential litigation and for participation in the Groundwater ou: and, D
WIZazAS, Lakewood has retained the Law Fira of Gorsuch, ~irgis, Ca•pbell, Walker and Grover as City Attorney to provide
legal representation in all tters related to the Lowry Landfill
Superfund Site and Littleton/Englewood has retained the Law Firm
of Hill and Robbins to provide legal representation regarding Lowry Landfill; and,
... a&Aa, GeoTrans has provided professional environ-ental
technical services to LakewOod in anticipation of litigation and
for participation in the Groundwater ou and has developed intor-
tion, ork product, project notes and reports: and,
»>W, ~azro ... in consideration ot the u ual covenants and
gree n • con ined herein, he p r ies hereto gr e as toll a:
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2. GENEBAL PROVISIONS. Tha Cities shall, as of the effec-
tive date of this Agreement, share the services of GeoTrans to
provide the expertise necessary to evaluate and participate in
the technical aspects of the Groundwater ou and other operable
units, if any, and other technical activities at Lowry Landfill
and to assist in trial preparation, litigation and allocation
issues with respect to the Cities' disposal of municipal sewage
sludge at the Lowry Landfill as provided in this Agreement.
J. CQNTBIBQTIONS. As of the effective date of this .Agree-
ment, Lakewood shall contribute 50t and Littleton/Englewood shall
contribute 50t of the cost of services provided by GeoTrans to
the extent that services are provided for the mutual benefit
of Lakewood and Littleton/Englewood. Each City's contribution
shall be paid directly to GeoTrans following receipt of proper
and approved Invoices. In the event GeoTrans provides services
exclusively for the benefit of Lakewood or Littleton/Englewood,
the City for whom those services were provided shall bear
lOOt of the cost of those exclusive services. In addition,
Littleton/Englewood shall pay to Lakewood the aaount of $42,028
as reimbursement for costs incurred by Lakewood for services
provided by GeoTrans up to and including the effective date of
this Agre .. ent. It is agreed these services inure to the sutual
benefit of Lakewood and Littleton/Englewood.
4. SERVICES CONIRACI· GeoTrans shall be retained by the
Cities pursuant to the Technical Assistance Agreement attached
hereto as Exhibit A.
5. AQTHOBIZATION. All activities to be perforaed by
GeoTrans shall be pursuant to written Task Orders in accordance
with the Technical Assistance Agreesent. All Task Orders
undertaken by GeoTrans for the sutual benefit of Lakewood and
Littleton/Englewood and any a .. n4sents thereto shall require the
authorization of both Lakewood and Littleton/Englewood. All
Task Orders undertaken by GeoTrans for the exclusive benefit of
Lakewood or Littleton/Englewood and any a .. ndments thereto shall
require the authorization of the City requesting that the ser-
vices be pertoraed and a certified state ant that copy of the
Tas Order an ny end nts thereto have been provide to the
o er Ci y to h • Ag •• nt.
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7. QISCLQSURE. Information disclosed by or between Lakewood
and Littleton;Englewood to the other party to this Agreement,
their attorneys or GeoTrans !or the purpose of asserting common
and mutual interests,. claims and defenses: in furtherance of the
rendition of professional legal and technical services; in pre-
paration for and in anticipation of any litigation or negotia-
tions with or against EPA, the State of Colorado and other PRPs;
and !or participation in the Groundwater OU regarding all aspects
of the Lowry Superfund Site shall not be deemed a waiver of the
attorney-client privilege·, the work product privilege or any
other privilege available to either party.
8. PRIVILEGES/CONFIQENTIALITX. All attorney-client com-
munications or attorney work product information, written or
otherwise, and any other communications, information, reports or
documents developed in anticipation of litigation or in further-
ance of the rendition of legal or professional services, by any
person, entity, or counsel, received by or !rom Lakewood or
Littleton/Englewood or its counsel or GeoTrans or its agents pur-
suant to this Agreement or the Technical Assistance Agreement,
shall be privileged and held in strict confidence by the reci-
pient and by all persons to whom revealed by the recipient pur-
suant to this Agreement or the Technical Assistance Agreement,
and such communications or information shall be used only in
connection with the matters related to the Lowry Landfill
Superfund Site.
Any information exchanged in written or document form and
intended to be kept confidential may, but need not be, marked
"confidential" or with similar legend. I! such information
beco•es the subject of a public information request or an admini-
strative or judicial order seeking disclosure of such informa-
tion, Lakewood and Littleton/Englewood may satisfy their confi-
dentiality obligations under this Section 7 by notifying the
party that generated the information and by giving such party a
reasonable opportunity to protect the confidentiality of the
information.
Lakewood and Littleton/Englewood shall take all necessary
nd appropriate measures to ensure that any person who is
granted access to any shared information or who particip tea
in work on joint and mutu l defense projects or who otherwise
assists any counsel in connection with the perfonaance of ser-
vices rendered pursuant to this Agreement is fa•il iar w th the
terms of this Agreeaent, consents to and coaplies ith such
terms as they relate to the duties of such person. Lakewood and
L ttleton/Englewood intend by this section to protect fro• d •-
closure all information and docu .. nts exchanged between Lakewood
nd Littletqn/Englewood to the greatest extent permitted by law
reg rdless df whether the exchange occurred before execut ion of
this Agree nt and r~ardless of whether the writing or docu n
is .. rked •donfidential".
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The provisions of this section shall not apply to the inf or-
mation which is now or hereafter becomes public knowled9e without
violation of this A9reement, or which is souqht and obtainable
from others pursuant to applicable discovery procedures and not
protected from disclosure by privileqe or otherwise .
9. QISCtAIMEB. Neither Lakewood nor Littleton;Enqlewood
warrant, indemnity, or assume any liability to or for each other
for the services provided by GeoTran• pursuant to this Aqreement.
10. TERMINATION. The commitments of Lakewood and
Littleton/Enqlawood to contribute monie• under thi• Aqreement
shall terminate upon (1) full and final completion, as determ i ned
by the Citie•, of all services provided by GeoTrans tor the
mutual benefit of the Citie• and full and final payment by the
Ci ties of all contribution• tor those services, (2) .30 days'
written notice for any reason by either City to the other, or
(3) breach of the Aqreemant by one o~ the Citi••·
11. BREACH· In the evant that Lakewood or Littleton;Enql e wood
fails to a aka any payment for servic es prov i ded pur s uant to th is
Aqreement, sa i d party shall be conside red to be i n de f ault and
s hall be in breach of this Aqra ... nt • However, the party wh o
c ommi ts the breach shall have thirty (30) days after a a i l i nq of
wr i tten notice of such breach in which to correct or abate the ()
breach and avoid termination. If the party co .. i tti nq the breach
fails, refuses, or naqlect• to correct or abate the breach wi th i n
such 30-day per i od, then the other party at its opti on aay i ... -
d i ately tera inata this Aqra ... nt by qiv i nq wr i tten no t i ce of ter-
mination to the party in default .
12. EF FEct o r BREACH. NOTI CE o r TEBMI NATI ON OR CQNFLi ct OF
IN TEBEST. If a Party breaches th i s Aqraaaant or t e rainates t his
A9reaaant f or a ny reason other than a c o nfl ict of inte r e s t , i t
wi ll r a i se not obj e c t ion to the cont inued rete ntion o f Ga oTrans
by the oth e r part y .
In the event a conflict of interest arises between Lak e wood
and Littleton/Enqlewood and such conflict of interest cannot be
resolved by the written consent of each party after 9ood-faith
ne9otiatlon•, then each party shall be:
a. Entitled to retain and usa, for any purpose, all work
product, project notes, reports and any other docu.ants prepared
by GeoTrans prior to the date the conflict arose pursuant to any
Task Order issued pursuant to this A9~• ... nt and the Technical
Assistance A9ree nt1 and
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b. Precluded from using the services of GeoTrans on the
specific Task Order(s) related to the conflict of interest:
except that GeoTrans personnel may be required to inform, at a
joint meeting, any new firm, organization or group of technical
experts retained separately by Lakewood or Littleton/Englewood
about the services performed by GeoTrans on the specific Task
Order(s) related to the conflict of interest.
No conflict of interest shall preclude the Cities from con-
tinuinq to jointly use the services of GeoTrans under this Agree-
ment on any Task Order(s) related to Lowry Landfill not subject
to the conflict of interest, nor shall such conflict waive any
privilege• or remove the requirement• of confidentiality set out in this Aqreement.
13. NOTICE. Any written notice provided for herein shall be
deeaed properly mailed and delivered when the same ia deposited
in the United States mail, postage prepaid and properly addressed
to the party to whom such notice is directed. Proper addresses
of the two parties shall be as follows:
City of Lakewood
Attention: City Engineer
445 South Allison Parkway
Lakewood, CO 10226
11-City Wastewater Treataent Plant
Attention: Mr. Stewart Fonda, Director
2900 South Platte River Drive
Englewood , CO 10110
Dav i d w. Robbins, Esq.
Ronald L. Wilcox, Esq.
Hill ' Ro bb i n•, P.c .
1 441 lith St r eet, Sui te 1100
Denv er, Colorado 10202
How a r d Ke nison , Es q.
Gorsuch, k rqi a , ca p 11, Walker nd Grover
1401 17th Stree t, ui e 100 . o. ao 11110
nver, CO 10217•0110
. ...
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15. ENTIRE YNPERSTANQING. This Agreement constitutes the
entire understanding of the parties hereto with respect to its
subject matter and, in the event of any conflict, supersedes
prior agreements or understandings, if any, related to the sub-
ject matter herein. This Agreement may be amended only in writ-ing by the parties hereto.
16. GOVERNINg ~. This Agreement shall be governed for
all purposes and in all respects by the laws of the State of Colorado.
17. EFFECtiVE ~. This Agreement shall be effective as of
the day of ------------------------• 1990.
CITY OF LAXEWOOD
Nancy Fread
Acting City Manager
ATTEST:
APPROVED:
LITTLETON/ENGLEWOOD BI-CITY
WASTEWATER TREATMENT PLANT
Stewart Fonda
Director
Richard 3. Plastino, Director of Public Works
APPROVED AS TO FORM:
RQ9er Noonan, City Attorney
ATTEST:
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CJU)IlWCE NO.
SERIES CR 1990--
CXUCIL BILL NO. 8
INTJali~IL Ht>1ED(U,(,7
A BILL fat
AN CR>DWCE APPACNilG AN ~ Pat <XHU.Tn«; SE2M:CES BE'NEDf ~,
DC. All) 'DIE CITIZS f:l LNCD«XD, LI'l"lU!'l'Cif, J:N:iL!KXX) He) AN ~ fat THE
c:xJoHif ~ Ml) SIWUN:O at 'l!DINIOL SERVICES ~ THE CITIES at
~. L1'l"l'L&'l'Ql AND ~ ~ 'ro THE I..a'llRY LANDFILL SUPERruND
SITE.
~. the cities of Lakewood, Littleton, and Englewood require
profeslicnal tec:hnial services and apertise with respect to the IDIIrf
Landfiill SUperfund Site; and
~. theM Cities and certain other potentially responsible parties
haw entered into .vt ~strative Order en Consent with the United States
~ Protection 1qarCf Me! the SUte of Color.c!o to ooncb:t a
feasibility study for the ID.try IAnd.fill;
!Of, ~. BE IT ~ lr 'l'ME Cl'N <XAN:1L at 'lME Cl'lY at
Da.!KICD, ~. AS ~:
Section 1. 'nw CXlnSUltin9 agz.-at for technical MrVices ~
Geo'l'rans, Inc., Inc. Me! the Cities of~. Littleton, Me! EncJlewood is
henby ~-Said oonsultin9 ... a at ocntains generally:
1. Consult.vtt shall provide cert&in MrVices u ~~and ceru.in
extra Mrvices ~ a properly a.cuted Task Or'dllr fraa the Cities
or City.
2. on. Aqr...,•t will oatlllenoe en the date of a.cution by the parties
Me! W'lll teminate upon Notice of Temi.nation Mnt by Cities to
Consult.vtt by certified 111&11 to Consult.vtt's Colorado offios or upon
30 days written notios to the Cities by Consult.vtt.
3. Cit es 1 pey Cc:Nul 1ft haw'ly ratAt u ~ upon by the
pcti and direct proj OORS. 'nw haw'ly rates shall be~
upon by the parties f s.pctllber lS of ech yur of this
Am~-•t. lnYOices will pnJVided to the Cities aanthly, and
Cities sh&ll pey CoM\Il thin 30 days of reos pt of INCh
1nY01ce by the Ci ies and upon Consult.vtt • • aatisf..:tory CCS~pliance
with the and con4i i the t. Pi tty percent ol
OoNNl •s irwoice. 1 paid by Lalwtrco5 and fifty pace-at by
Littleton/Inglewood.
•• te CIC'
ly w ion
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s. Consultant is recoqnized as an expert in this field and it shall
perform the services in a safe, good and workmanlike manner in
accordance with the highest recoc;nized standards of good practice as
would other recognized experts under the sane or siJnilar conditions.
6. Consultant shall be in full CX~~Pliance with all applicable laws,
statutes, ordinances, orders, rules, regulations, and safety plans
of federal state and local ~s in ~ jurisdictions such
activities are perforned. Consulunt shall~ all pemdts,
licen.MS, certificates, or approval necessary to perfODD its
services.
7. Consultant shall exercise cbt care with respect to huarcb.ul
subsUnces and shall notify Cities iamediately if there is any
injuey or ~ arising out of the discharge, disbursal, release or
e.c:ape of ~. vapors, .oct, f\Du, acids, alkali, irritants,
contWnants or pollutants into and~ land, atm::lllphere, body of
water.
8. Cities will noti ty Coa\sulunt of any lcnown deficiency or
unsatisfactory work by Consul.unt under this .-.... nt, and said
deficiencies shall be ~ed in ~dance with the .-...... t.
9. Consultant aclcncwledges and agrees and all ocntract dclclamlts are
~confidential, are cwned bClusively by the Cities, and are to
be returned to the Ci ties within 30 days after ~letion of
services Wider the ocntr-=t.
10. Consultant shall cbtain ~ Minta1n in eff-=t at all times &Jring
i ts perfomance of services \ft5er this A;r• 1t, inaurance
suffi cient to 00\I'U' li.t>Ui ties u shcM\ in the ••••11t, brt: the
IIIIOUnts o f insunnc:e shall not be .s.-d a liJiitation of
Consultant's liab ility uncilr this •-•t.
11. Ccnsultant shal l i.ndalnity -.d uve hamless the Ci ties and their
political 5\Dtivisiona frca -.d ar)ainst wry -.d all cl ~, d~Mnds ,
li.t>ility , ~;ea. wits, responee ooets, actions , or wry other
costs, cau.es of action of f1Yf1rY lUnd or Mt:Un.
12. Consultant shall be ecu..ld !rca pe.rf=-oa~ of its eervices foe a
TUk OrdK in the force jeup.
13. Ccnsultant shall not diac:riJiinate age.inat. wry
foe l~t.
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litigation or negotiations and to share the direction, costs, fees
and expenses of professional enviroJ'IIIental consulting services
prOITided by GeoTrans, Inc.
2. 'ltle City shall share the services of Geo'l'rans, Inc. to provide the
expertise necessary to evaluate and participate in the technical
aspects of the ground water o.u. and other operable units, if any,
and other technical activities at IDolry Landfill.
3. Lalutwood shall contribute SOT. and Littleton/Englewood shall
contribute SOT. of the costs of services providltd by Geo'l'rans, Inc. ,
to the extent that services are providltd for the nutua1 benefit of
Lalutwood and Littleton/Englewood. In the event that GeoTrans, Inc.
provides services exclusively for the benefit of Lakewood or
Littleton/Enqlewood, the City for whaD those .ervices were prOITided
shall bear lOOT. of the costs of these exclusive .ervices.
4. Littleton/Englewood shall pay to Lakewood the EDll'lt of $42,028.00
u reiJibur.-.nt for costs incurTed by Lakewood for services
provi~ by Geo'l'rans, Inc. up to and including the effective date of
this ~11t.
s. All ctivities to be perfona.d by GeoTr ... , Inc. shall be pursuant
to Task Orders in KX:~Cra.nce with the Technical Assistance
....... t.
6. Littleton/Englewood shall be entitled to receive all worlt, project
notes, reports and MY other doc\nents pnpared by GeoTr ... , Inc.
pdor to the effective date of this Algr .... nt which rel.te to the
c:urrent water o.u. and other -=tivities at the Lowry lAndfill lot\ich
are in the oaiiiiOf\ interests and IIIJtual benefit of the Cities.
7. InfODMtion dhclosed by or betwMn Lakewood and Littleton/!niJlewood
is in furtherance of the rendition of profesaional, lecJ&l and
technical services and shall not be a waiver of MY privil~
IIVailable to the parties.
8. All attorney client ocnalnications or wortc pcocb:t infODIIation shall
be privilec)ed and held in strict confidence by &11 per..,. lind shall
be UMd only in CliClNWCt on with ten related to the Lowey
1An4fill ~t\ln4 Site. ,_ parti .. shall t.Me al.l Ml')' and
~ ate uures to iNNre that WI'/ penon who s 91'11\ted •
to W\'f ahanCl inf tion or· puticipatea in wrxtt on joint -..tual
dltfenee projects or who otlleNi .. u•ists W\Y COUI\Ml in oonnection
with the perf~ of Mrvices ren4erecS pur'1NM to t.his t
is t liar with the e.. of thia • 'ltle puti .. do not
wvrent, indllftify, Ol' 1ft'/ lilbili ty to or for OU. for
the serv.tces peon diM by ~, Inc. pui'Wint to this Alp:._-.t I .
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9. camdtnents to contribute ncnies under this Agreement shAll
terminate upon full and final CX~~Pletion as detetmined by the Cities
of all services provided by GeoTran.s, Inc. for the nutual benefit of
the Cities and final payaent by the Cities of all contributions for
those services or by thirty days written notice for any reason or by
bre.:h of the AgrMmant.
10. If the parties fail to make paya~mt for services provided said
parties shall be considered to be in default md shall be in bre.:h
of the ~at, holoMYar the party~ ocanits the breach shall
have 30 days after the mailing of written notice of said bre.:h in
\1\ich to oornct or abate the breach md avoid temination. If a
party bre-=hn the ~11t or teminatn the A9r,...nt for any
reason other t:Nn a conflict of interest it will not raise an
objection to the ocntinued retention of GeoTran.s, Inc. by the other
party.
U. In the event of a conflict of interest Mch party shall be antitled
to r.tain ~ UM for my puEpOM the work procb::t, project notes,
nports and any other ~· prepaACS by GeoTrcw, Inc. prior to
the date of the ocnflict. Ccnflicts shall not pnc:lude the Cities
fraa oontinuiniJ to jointly UM the services of Geo'l'rens, Inc. undar
the A~Jr• &lit WU.c:h are not subject to the oonflict of interest, nor
shall such ocnflict waive privileges or IWIOW the nqui~ of
confidentiality set out in the Aljr ... 11t.
s.cticn 3. ~ P'clnda, Du.,ctor of Littletcn/fnilMICOC! ai-<ity
w..tawat.er trM~&t Pbnt, is IUthorind to si9ft for ~en behalf of the
ai-<ity Tre~ Plant.
Int.rocb:&d, rueS in full, ~ puMd on fint re.tdin9 on the Sth day of
March. 1990.
P\lblillhed u a lill for ~ Ol."c!iMnce on the 8th day of March, lttO.
At
fet.rlcla A. cro;;, clty dirk
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ORDINANCE NO.
SERIES OF 1990--
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BY AUTHORI'lY
A BILL FeR
OXJNCIL BILL NO. 10
Im'ROOUCF.D ~ cgJl_.J:IL L I
HENBER~
AN CJIDnWCE Al·!Elmlll:i TITLE 12, CJIAPTI:R 2, SEC"l'ICI~ 6, EN:iURXX> ~lltUCIPAL
CCDE 1985, BY n -l'a;nl:i A FnE CF $1,000 FeR VIOIATIOOS OF SANITARY SD:ER
PRE'l'REA1t·IENl' ~IOOS.
\"IDEAS, the United States Envir01'111ental Protection qncy ("EPA") is
requiring all publicly operated wastewater treatnent plants to have the
authority to inpose a mini.rtun penalty of $1,000 per day for each day that an
industrial user is in violation of pretreatnent program requirements; and
12 (b)
\IDEAS, such a mininun fine is reasonable given the risk of harm to the
public which would result from pretreatment regulation violations; and
\l!IERF.~, criminal penalties and fines are matters of lcx:al concern and
are within t.'w authority of hate rule cities to establish by virtue of Article
XX, Section 6, COlorado COnstitution; and
I·H:RF.AS, Co..lncil deems it to be in the best interest of t.'le public
health, safety and welfare to CXJ!t'lY with this federal lllanQte.
!01, ~, BE IT CR~INED BY THE CI'lY CXlUNCIL CF TRE CI'lY OF
E:G..DIXX>, OLCitADO, AS f'ClLOW5:
Secuon 1. T tle 12, 0\apter 2, Section 6J, Englewr::xx! IUtlicipal Code
1985, is here&y to read u f o llows:
12-2-6 J,
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Section 3. Repealer. All ordinances or resolutions, or parts
thereof, In c:ortflict with this ordinance are hereby repealed, provided that
such repealer shall not repeal the repealer clauses of such ordinance nor
revive my ordinance thereby.
Introduced, read in full, and passed on first readinq on the 5th day of March, 1990.
Published u a Bill for m Ordinance on the 8th day of March, 1990.
Attest:
Patricia H. Crow, City cleat
I, Patricia H. Crow, City Clerk of the City of &'iglMIOOCt, Colorado,
henby certify that the llboll'e and for.going is a true ocpy of a Bill for m
Ordinance, int.rolb:ed, r.ad in full, and paaMd on first :.acting on the 5th day of 1·~, 1990.
Patricia H. craw
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DATE
Much 5, 1990
INITIATED IY
STAFF SOURCE
ISSUE/ACTION PIDPOSED
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COUNCIL COMMUNICATION
AGENDA ITEM
12 (c)
SUBJECT
Depart~nt of Safety Services
Director A. F. Stanley
Fire Division Aerial
Ladder Truck Purchase
Council .otion authorizing the City Manager to confir. our order of a ladder truck
fro. Si.on Ladder Towers, Inc., with delivery expected late in 1990.
PREVIOUS COUNCIL ACTION
The purchase of Fire Atrial Apparatus was approved by Council during the 1988 Budget
Retreat.
STAFF AIIALYSIS
Tht requested vehicle is si•ilar to original specifications published in 1989. (Set
attached letter fra. Si.on -LTI). This vehicle is presently btinv built for future
sale, with .adiftcations listed. It is sufficiently equipped and designed to ... t
tht original needs of the firt division.
This vehicle, t Mled a "Quint,• w 11 be able to functton as a high r st firt/rtscu
apparatus, a ll·tquipptd truck co.pany, or a f re p~r, as needed . This
particular v hiclt was rtc~ndtd following a ca.pr h nsivt study by Engl od Flrt
personnel . Tht v hicle will ••t fortsHablt futur needs for trial firefightlng
for this city ov r its expected lift of ZO years of nor.al operation.
FJ IAL
Th price ~ted for t is v h clt, Sl56,411, ts ro .. tely SlO,OOO less th n t
original btd a c ted h1 Juae of 1 rte t vetttclt be purchased
throuth a btst ·btd 1 llt·purchas t 11 arr by tht City of Engl
F1n ttet Otp r t prtor to dtlh ry . Mo acttlft h curt"'eff tly ,...,tree~ Oft tht
tn1nctng .
t t pure a :
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s1mon-
Enalewoc-d Fire Devartment
3615 South Elati Street
Ena~ewood, CA 80110
Attn: Chief John Careilaao
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Simon La''•' To-..·•·• Inc .
'I 0 . 2. C~:a !•:c C·ee~ Rca'
E;;hraJa . P .. 17~22 i,;S ..
T e l•p.,on• 1717) 6~~· 1 H6 r., .. 703 ·~· L Tl £;>,~ UO
T•l•'a• 1717) 8~P ·<7;,
January 31 , 1990
1\E: !l!J Cot· One (1) 100' Anlal La.:Jder T&·uck
03ted June 16, 1989
Dear Chief:
Thank you for "'tina vith our aalea rerruentath·u, Gl enn !alf!y and Len
!reen the o t her week. At your INttina with th-you dilc~.:ued that the 100
foot aedal ladder truck bid on June 16, 1989 ., ... over budaet for the City o f
Enalewood.
lo'e at Si-on-L!l ha,·e reviewed your apeeificationa end would like t<• of!er lhe
•-lf,. of unit .. ith the follovina cha na•• to b e within the b~:daeted price .
1.
Delete ahou lder hanau or t icn f "r officer a n d l!d,·u aeett .
J.
/. IC '•. flelete 1inale officer'• aeat and edd l:ench nat.
"·
S. An Alli1c-n "T-7'0 trtna ••i~ to e au~,lied in 1 eu o f the Alliaon
HT -i4l t1 a 1 • uion .
6. ~dd Jar~ • ne fl
1. rr n nil • d e-n ()) Hr. r ' u • t o ( ).
l Uf •Co d ur • • cf .!c t n.
\;, t h to H t l dbc' n ~lh d 1 1
II). urrl 1 a 0 11 Ita
ll. Alu l'r to re \"Sll
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City of Euglewc-od, CO
Jam:ary 31, 1!?90
rese 2 o f 2
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13. Body to be n•anufactund out of zinc coated steel venus aluminum.
14. Front center warnin& li&ht to be a Code 3 0600 versus a Marrs 888
li&ht.
15. Delete two (2) of the 500 watt quartz li&htl on the body.
16. Delete NrrA equipment.
llith the above chanua, Saon-LTJ would like to ofhr the City of Enalewood
this unit for a price of $356,411.00 f.O.B. Er.&lewood, Color~do. Also
enclosed are several sets of literature and a reference drawin& of the prl"poaed wli t.
rlea1e re,·iew thh vropoul and if you ha,·e any questions, pleue feel free to contact us.
)~: .
pc: •tck Fairclouah
Eric 111-1
Clenn ~ley
Leu !teen -!run Fire lqui.-.nt
fJle
Sincerely,
SDUI LADDD ~· ~~.u(~
Sales A~inistrat o r
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MAJOR CO~SIDERATIO:"'S SLPPORTI:"'G THE ~EED FOR
AN A.ERL-\LAPPAR<\TUS FOR THE CITY OF Er\GLEWOOD
The past two decades have presented many new challenges to the Fire Service. The role
and responsibility of the fire department has changed dramatically. e$pecially in
Englewood. Economically speaking. the department has been forced to provide a basic
emergency level of sen ice as efficiently, effectively and intelligently as possible .
With this background, tbe depanment mediated at great length o,·er the need of an aerial
apparatus. A truck committee was formed to look into this situation and arrive at concrete
and viable answers. Therefore, the fust necessary decision to make was -''Do we need an
aerial apparatus?"
To answer this question we had to look back to the strong commitment we have made for
fireground management, i.e. the Inc iden t Command System. One basic concept of
fireground management is truck company operations. Truck company operations require
many different and varied types of tools,'equipment to effect quick and "efficient fue and res-
cue operations. These tools/equipment can be categorized as hand tools, power tools, ven-
tilation equipment, re~cue equipment, extrication equipment, ground ladders and aerial
ladders. The most controversial tool in Englewood's panicular case is the aerial ladder that
comprises the major portion of this type apparatus, commonly referred to as a "truck."
"Why does Englewood need an aerial ladder? Aren't most hig h rises out of reach of any
type ladder?" To answer these quest ions, a count of all high rises in Englew·ood was taken .
The computer printout presented the committee with a list of all bu1ldings five stories and
taller (attached). It confirmed our claims that Englewood only has one buildin& o'·er ten
floors, the Waterford (14 floors).
This fact places Englewood in the unique posit io n among most of it neighbors in that we
can effect rapid and ufe rescue operations on all buildings in Englewood but one. In faet,
except for the two banks (Continental, FirH ~ational), Englewood does not ha"e another
continuous 10 tory bu1ldin
Sw ed i. h !\1ed ieal Cen:er h en noor but, th e tructure is cut up to a point that no
problem other th n cce rna be pre. ented. The ans .... er 10 thi q e.uon then is· an aeri I
I dder 1n the Ci . of En le v.ood v.ould t-e mot btnefie1 I d e to the h eight of the bu il din .
Another important con 1der uon 1s the dem~aphics and ho itt ffect ed in an e me rg en·
cy ituation. The facti n lev.ood h a hi h percentage o f older and non-ambulatory
cit izens, i.e. Swedilb .1ed tc I Center, Crat Ho. pnal. Simon Cemer. Orchard Place, and
Arapahoe Hou Oet 1 1 uon Center An enalladder v.ou ld l'le 1he ufe t. qu icke 1 and
most efficient"' tO pr 'i de •• tairv. "to fety .• 'one or the e institutions are Q\er 7
5to~e • storie if u v. ntto include the Corona. ~one of EfttJcwoOd's Jehools re O\tr
tone Both ef\'iced and proteCted adtquatel~ v.1th an aeri I apparatu .
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Considerations
Page Two
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With this in mind, the comminl!e felt that to make this apparatus most cost ~~ it
should be equipped with a pump. A pump would enable the depanmenf to utJ1iie the truck
as a back-up pumper when neceswy. In fact. presently, we are using a pumper from Cher-
ry Hills because all our back-up (reserve) pumpers are out of service due to mechanical
failure. In essence, we would have two complete specialized apparatuses, a 1500 gpm
pumper and a 110 foot aerial ladder, all in one "ehicle.
In summary· yes, En&Jewood needs an aerial apparatus • because unlike many of its neigh-
bor, Englewood would benefit more from the aerial capabilities. Also, the demographics
dictate that the department be prepared for elevated evacuation emeraencies.
Lastly, En&Jewood bas an unusually larae number of hospitals (Swedish Medical Center,
Craie Hospital) and institutions (Arapahoe House Detoxification Center, Cherry Park Surs-
in& Cherry Hills Healtbc:are, Julia Temple) for its size.
NOTE: n .. eoa.W..tloas do ... tab •••• ICCCMIII ••• effld on Insurance races (150)
lacvnd for lack olaa atrial apparatus.
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M E M 0 R A N D U M
To: Roger Fraser, City Manager
From: Margaret L. Freeman, Director of Finance
Date: February 20, 1990
Subject: Fire Aerial Truck -Financing Opt i on s
The City has proposed to acquire one Simon LTl aer i al truck for
$356,411 in 1990. After discussion with Fire department staf f ,
my understanding is that if an aerial truck was ordered now, the
City could most likely take delivery in Augu s t, 1 990 . Afte r a
th i rty (30) day acceptance pe riod , paym e nt would be r e qu i r ed.
Cu rre nt f i nancing options for the aeri al truck are a s f o llows :
1. Di rect purchase in 1990 wi th funding from the Gene ra l Fund
f und balance of approxia ately $3 million.
2. Lease/purchase of truck with a three or four year repayme nt schedule.
Gi ven the City's favorable past experience with lease/purcha s e of equi~nt, I would recoa.end lease/purchase of the aer i a l t ruck.
Lease/pur c hase is cost effect i ve because i t allows f or :
1. Cash flow i aproveaent for the Ci ty.
2. Use of the City's aone y t o earn i nterest a t a rate greater than the repayaent rate .
3. Pa yaent of the e quipaent can occur over the useful life of the equipaent.
4. Costs a ssociated with lease/purchase are negligible as co pared to bond issues.
5. City can prov ide tax exsapt issue that will attract investors at a favorable interest rate.
A lease/purchase proposal fro Municipal Services Croup, Inc.
(KSG) was forwarded by tire statt. The proposal is valid through
3/9/90. After reviewing the MSG proposal, I would reco end an
open bid process for le sa/purchase financing approxia tely 30
days before payaent is required (September, 1990).
The MSC proposa l r e quires ction now in order to ensure
interest r tea and a aauaea delivery and payaent tor the
ye r fro nov. Th e proposal includes an escrow requir
while escrow • rninge would occur, r e payaent interest
ccrue. Givan curre nt in ereat rates, the city can ao li
be able o • cure a favor bla interes rate later in litO.
propo .. d
truck on
tha
also
ely
I • •
Roger Fraser
February 20, 1990
Page two
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Attached are two proposed lease/purchase repayment schedules. One
schedule is at 7.ot at three and tour years repayment. One
schedule is at 7.25t at three and tour years repayment. Both
assume repayment to begin September, 1990. The difference
between three and tour years is approximately $14,000. I would not expect bids to exceed 7.25t.
Given that the City was able to earn an average over a.ot on
excess funds in 1989, I would reco .. end conducting a bid process
for a lease/purchase agreement. Annual funding requirements would
be per the attached schedules. The actual interest rate market
at the time bids were solicited would determine whether three or four years repayaent would be best.
It you need further information or have any questions, please give ae a call.
cc: c. Olson, Division Chief
J. Garcilaso, Di vision Chief/Operations
A. stanley, Director of Safety Serv i ces
I • •
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AGENDA ITEM 14C -DEWITT'S RECOMMENDATION RE LEYDON COURT CASE
DEWITT: THE THIRD ~TTER IS THAT THE SUPREME COURT HAS DECLINED TO HEAR OUR
CERTIORARI1a REVIEW OF THE LEYDON MATTER SO THIS CASE WILL BE
REFERRED BACK TO THE TRIAL COURT. WE WERE SUCCESSFUL IN TRIAL
COURT, AND THE COURT OF APPEALS HAS DISAGREED WITH US. BUT WE WILL
BE ASKING TRIAL COURT TO REOPEN THE CASE AND HEAR CERTAIN, AND
CONSIDER CERTAIN EVIDENSE THAT IT FELT WAS NOT NECESSARY ORIGINALLY
BECAUSE IT DECIDED OTHER ISSUES. SO IF THERE ARE MY QUESTIONS ON
THOSE CASES, I WOULD BE HAPPY TO ....
HATHAWAY: DO YOU NEED A MOTION TO PURSUE THE LEYDON CASE AT THE TRIAL COURT
LEVEL, OR DOES THE ORIGINAL MOTION THAT WE DID FOR COURT OF APPEALS
FILTER BACK DOWN TO THIS AS WELL?
DEWITT : THE ORIGINAL APPEAL IS STILL EFFECTIVE
HATHAWAY: OKAY.
DEWITT: ... SO -WHICH WAS DONE YEARS AGO BEFORE I CAME BACK TO THE CITY .
WIGGINS : DO YOU HAVE ANY IDEA WHEN THIS WILL COME UP BACK IN COURT? IS TH IS
JUDGE STUART'S COURT?
DEWITT: YES, THIS IS .JlSE STUART 'S CCUIT . I 'M NOT SURE WHEN IT WILL
CCUICIUO VUi51NS . I THI. WE'RE LOOKING AT PROIABlY A COUPLE OF
fOITHS, All) THEil IT WOUlD IE ON A MOTION BASIS. I 'M SURE, I DON 'T
TMI. IT WOUlD 1£ ON A I£SOLUTION BASIS. SO IT 'S HARD TO SAY THE
TINE FRME EXACTLY . IUT THAT 'S PI£TTY CLOSE . IT Vlll TAKE ABOUT A
tamt FOR THE MP£1 wo.t TO wo.t ITS MAY TtRJUGH THE SUPREME COURT
TO THE CCUIT Of APPEALS, All) TH£1 TRIAl CUT.
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RFSCWl'ICN 00. L 7
SElUfS CF 1990
A Rf3:Llrl'ICN ESTABLISHI~~; Alft.W. ~ F(R '11IE ern: ATn:R£Y F(R '11IE ~
YEAR 1990.
\IIDFAS, City Council, by Section 64 of the Hc:lle Rule 0\arter, has the
responsibility of appointing .-ld establishing c:x:npensation of the City
Attorney;
lD'l, 'nDEPCJtE, BE IT RESCLVID BlC '11IE CI'IY a:xN:IL CF 'lHE CITY CF
E2G.EJIXI>, ~. 'ntM':
Section 1. 'lhe annual salary for the City Attorney for the calendar year
1990, OCiiiWicing January 1, 1990, is established at $63,017.00
ADCPl'm AM> AI"PRJYfD thia Sth day of 1-larch, 1990.
Attest:
Patrieia H. Crow, City cleat
I, Patrie a H. Crow, CJ.ty Clerk !or the City of D1gl~. Oo1ora&b,
hereby cert1ty the .maw ia a t..rue copy of -.elution . _, i ol 1990.
ICla H. c::r:ow
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