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TC Ord. No. 2008-10 Approving an intergovernmental agreement between the TOA and the northwest CO council of governments concerning the inspections of elevators and setting forth details in regard theretoTOWN OF AVON, COLORADO ORDINANCE NO. 08-10 SERIES OF 2008 AN ORDINANCE OF THE TOWN OF AVON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG), CONCERNING THE INSPECTIONS OF ELEVATORS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, the Northwest Colorado Council of Governments is a Colorado government agency existing and operating under executive order of the Governor of Colorado; and WHEREAS, the Elevator and Escalator Certification Act (Act) Title 9, Article 5.5, Section 101 through 120, of the Colorado Revised Statutes, declares that in order to ensure the minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern; and WHEREAS, in 1992, Building Inspectors in Region XII, which includes the Town, approached NWCCOG Board of Directors and requested the implementation of a regional elevator inspector program; and WHEREAS, NWCCOG has executed a Memorandum of Agreement with the Division of Oil and Public Safety (OPS) and is now considered a qualified authority having jurisdiction; and WHEREAS, the attached agreement is entered into by the Town and NWCCOG to identify the responsibility of each party for ensuring the safety and conveyance within the jurisdiction and formalize the cooperative working relationship to provide procedures for communication, exchange of information as necessary to carry out the provisions of the Act; and WHEREAS, the Town Council may enter into contracts with other government agencies for the furnishing and receiving of services of public benefit by a two-thirds vote of the entire Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Intergovernmental Agreement between the Town and NWCCOG attached hereto as Exhibit A is approved. Ord No. 08-10 IGA NWCOG Page I of 3 ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE 28TH DAY OF OCTOBER, 2008. SIN OF02 TOWN O AV N, COLO S E A L C By: Ronald C. Wolfe, Mayor ~LQRA9~ Attest: By: y Ken y, n Clerk FINALLY ADOPTED, PASSED, APPROVED AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED BY A VOTE OF TWO THIRDS OF THE ENTIRE COUNCIL AT ITS REGULAR MEETING HELD AT THE TOWN OF AVON, ON THE I ITH DAY OF NOVEMBER, 2008. ~~AN OF q 1/0 :S EA L: ~LORA~~ TOZWN CO LO O C. :)d By Ronald C. Wolfe, Mayor Attest: By: nc- tty cKen own Clerk Ord No. 08-10 IGA NWCOG Page 2 of 3 Exhibit A (Agreement) Ord No. 08-10 IGA NWCOG Page 3 of 3 LETTER OF AGREEMENT FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES Pursuant to the Elevator and Escalator Certification Act Title 9 Article 5.5, Colorado Revised Statutes O's THIS LETTER OF AGREEMENT is entered into this -'day ofJ, A008, between the Northwest Colorado Council of Governments (NWCCOG), PO Box 2308, Silverthorne, CO 80498 and Town of Avon (Jurisdiction), PO Box 975, Avon, CO 81620, collectively referred to as the "Parties." SECTION 1. RECITALS 1.1 Background a) The Elevator and Escalator Certification Act (the ActTitle 9, Article 5.5, Sections 101 through 120, Colorado Revised Statutes (C.R.S.), declares that in ordei to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. The Act states that: (1) All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS); (2) All conveyance contractors, mechanics and inspectors shall be licensed with OPS; (3) All conveyances shall be installed, altered, repaired, serviced, and maintained according to Colorado adopted national safety standards; and (4) A qualified local authority having jurisdiction (AHJ) may elect to enter into a Memorandum of Agreement (MOA) with OPS to regulate conveyances that are located within their jurisdiction territory. Following OPS' approval of the AHJ's conveyance standards and execution of this MOA, the AHJ will be considered an Approved AHJ. b) In 1992, Building Inspectors in Region XII approached the NWCCOG Board of Directors and requested the implementation of a regional elevator inspection program. After analyzing the need, costs and safety value of the program the NWCCOG Board decided that regional sponsorship is appropriate and the program will be a valuable service to the NWCCOG membership. c) NWCCOG has executed a MOA with OPS and is now considered an Approved AHJ. The Jurisdiction wishes to participate in NWCCOG'S Elevator Inspection Program (EIP). NWCCOG has entered into this Letter of Agreement with the Jurisdiction for the purposes of providing elevator inspection services. 1.2 Purpose This agreement is entered into by the Parties for the following purposes: a) To identify the responsibilities of each party for ensuring the safety of conveyances within the Jurisdiction through compliance with the Act and all promulgated rules and regulations; b) To formalize the cooperative working relationships between the Parties; and, c) ' To provide procedures for communications, exchange of information and resolution of problems as necessary to carry out the provisions of the Act and all promulgated rules and regulations. SECTION 2. RESPONSIBILITIES 2.1 NWCCOG a) NWCCOG will maintain an MOA with OPS and, thereby, be, identified as an Approved AHJ. 1 b) NWCCOG shall, in cooperation with the JURISDICTION and OPS, establish a schedule for the JURISDICTION to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the JURISDICTION adopt the following standards by December 31, 2010: 1) ASMEA17.1- 2007 2) ASME A17.3 - 2005 3) ASME A18.1- 2005 c) Pursuant to §9-5.5-112 (3)(a), C.R.S., conveyances installed prior to July 1, 2008 are exempt from compliance with ASME A17.3, although NWCCOG, in cooperation. with the OPS, shall require the implementation of any portion of.ASME A17.3 necessary to mitigate a material risk to public safety. d) NWCCOG shall be responsible for issuance and enforcement of a Certificate of Operation for installation, alteration, operation, and maintenance of conveyances within its territory per §9-5.5- 114, C.R.S. e) NWCCOG shall work with the Jurisdiction to review and determine the validity of all variance requests to the adopted standards in 2.1(b). f) NWCCOG shall obtain and keep current licensing from OPS for each of its Elevator Inspectors. g) NWCCOG shall be responsible for relaying all required conveyance information on an annual frequency, at a minimum, to the OPS. h) NWCCOG shall be responsible for immediately notifying OPS of any and all accidents resulting in injury to an individual that have been reported to NWCCOG. i) Pursuant to §9-5.5-111 (2)(a), C.R.S., NWCCOG may set fees and collect or contract the collection of these fees to offset the cost of plan review or inspection of conveyances located within the Approved AHJ territory. Fee amounts will be recommended by the EE? Advisory Committee and determined by the NWCCOG Board of Directors. Conveyance owners shall be notified of any adjustment of fees a minimum of thirty (30) days prior to the effective date of the change. j) NWCCOG is responsible for all accounting aspects of the program including invoicing building owners for inspections and collections. 2.2 JURISDICTION a) The Jurisdiction shall, in cooperation with NWCCOG and OPS, establish a schedule for the Jurisdiction to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the Jurisdiction adopt the following standards by December 31, 2010: ASME Al7.1- 2007 ASME A17.3 - 2005 ASMEA18.1 - 2005 b) Following the initial adoption of standards described in 2.2(a), the Jurisdiction agrees to remain current in adoption of future standard versions within 90 days from the date at which the OPS adopts the standard. c) The Jurisdiction shall be responsible for immediately notifying NWCCOG of any and all accidents resulting in injury to an individual that have been reported to JURISDICTION. d) The Jurisdiction may appoint one representative to serve on the NWCCOG E1P Advisory Committee that oversees the operating rules and fee schedules for the program and makes recommendations to the NWCCOG Board of Directors. SECTION 3. TERMINATION Either party shall notify the other party in writing of their intent to terminate this Letter of Agreement. Such termination is effective 30 days following this notice. 2 SECTION 4. ADDITIONAL PROVISION 41 Legal Authority The parties warrant that each possesses actual, legal authority to enter into this Letter of Agreement. The Parties further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Letter of Agreement and bind that party to its terms. The person or persons signing this Letter of Agreement, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, legal authority to execute this Letter of Agreement, and any attachments or amendments hereto, on behalf of that party. 4.2 Notice of Pending Litigation Unless otherwise provided for in this Letter of Agreement, the Jurisdiction shall notify NWCCOG within five (5) worsting days after being served with a summons, complaint, or other pleading in a case which involves any services provided under this Letter of Agreement and which has been filed in any federal or state court or administrative agency. The Jurisdiction shall immediately deliver copies of any such documents in accordance with Section 4.3 of this Letter of Agreement. 4.3 Notice Procedure All notices required or permitted to be given pursuant to this Letter of Agreement shall be in writing and shall be deemed given when personally served or three (3) days after deposit in the United States Mail, certified mail, return receipt requested, and addressed to the following parties or to such other addressee(s) as may be designated by a notice complying with the foregoing requirements. NORTHWEST COLORADO COUNCIL OF GOVERNMENTS: Executive Director NWCCOG PO Box 2308 Silverthorne, CO 80498 970468-0295 Building Official Town of Avon PO Box 975 Avon, CO 81620 970-748-4000 4.4 Entire Understanding This Letter of Agreement is the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved by the Parties. 4.5 Independent Contractor I Neither NWCCOG nor any agent or employee of NWCCOG shall be or shall be deemed to be an agent or employee of the Jurisdiction. 4.6 Indemnification To the extent permitted by law, JURISDICTION shall indemnify, save, and hold harmless NWCCOG, its employees and agents, against any and all claims, damages, liability and court awards including costs, 3 V- 4 i expenses, and attorney fees and related costs, incurred as a result of any act or onussion by JURISDICTION, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Letter of Agreement. 4.7 Governmental Immunity Act No term or condition of this Letter of Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. JURISDICTION: Name: Position: Jurisdiction: Town of Avon 0S 00S Date: 3~N OF A.. EA OOLOV 4 h p Date: . I. • i Memo C O L O R A D O AV 0'` N To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development Date: November 11 t', 2008 Meeting Re: Second Reading of Ordinance No. 08-10, an ordinance entering into a Memorandum of Agreement with NWCCOG for the purpose of performing elevator inspections (Public Hearing) Summary: Attached to this memo is an ordinance for consideration upon second reading. The purpose of Ordinance No. 08-10 is to enter into an agreement with the Northwest Colorado Council of Governments (NWCCOG) to provide for the inspection of elevators within the Town of Avon. NWCCOG has historically performed elevator inspections within the Town. This agreement memorializes the roles and responsibilities of each of the parties, which is necessary because of new state legislation. The subject ordinance has been reviewed by the Town Attorney whose comments have been incorporated into the attached document. The First Reading of Ordinance No. 08-10 was unanimously approved on October 23rd Recommendation: Staff recommends the Town Council approve on Second Reading Ordinance No. 08-10 as written and attached to this memorandum. Proposed Motion: " I move to approve Ordinance No. 08-10 on Second Reading." Town Manager Comments: Attachments: • A. Ordinance No. 08-10 t TOWN OF AVON, COLORADO ORDINANCE NO. 08-10 SERIES OF 2008 AN ORDINANCE OF THE TOWN OF AVON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG), CONCERNING THE INSPECTIONS OF ELEVATORS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, the Northwest Colorado Council of Governments is a Colorado government agency existing and operating under executive order of the Governor of Colorado; and • WHEREAS, the Elevator and Escalator Certification Act (Act) Title 9, Article 5.5, Section 101 through 120, of the Colorado Revised Statutes, declares that in order to ensure the minimum safety standards throughout Colorado, the regulation of conveyances is a matter of 40 statewide concern; and WHEREAS, in 1992, Building Inspectors in Region XII, which includes the Town, approached NWCCOG Board of Directors and requested the implementation of a regional elevator inspector program; and WHEREAS, NWCCOG has executed a Memorandum of Agreement with the Division of Oil and Public Safety (OPS) and is now considered a qualified authority having jurisdiction; and WHEREAS, the attached agreement is entered into by the Town and NWCCOG to identify the responsibility of each party for ensuring the safety and conveyance within the jurisdiction and formalize the cooperative working relationship to provide procedures for communication, exchange of information as necessary to carry out the provisions of the Act; and WHEREAS, the Town Council may enter into contracts with other government agencies for the furnishing and receiving of services of public benefit by a two-thirds vote of the entire Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Intergovernmental Agreement between the Town and NWCCOG attached hereto as Exhibit A is approved. 100086404.DOC / 2} Memo AVON C O L O R A D O To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, Assistant Town Manager, Community Development ~Date: October 28tr', 2008 Meeting Re: First Reading of Ordinance No. 08-10, an ordinance entering into a Memorandum of Agreement with NWCCOG for the purpose of performing elevator inspections Summary: Attached to this memo is an ordinance for consideration upon first reading. The purpose of Ordinance No. 08-10 is to enter into an agreement with the Northwest Colorado Council of Governments (NWCCOG) to provide for the inspection of elevators within the Town of Avon. NWCCOG has historically performed elevator inspections within the Town. This agreement memorializes the roles and responsibilities of each of the parties, which is necessary because of new state legislation. The subject ordinance has been reviewed by the Town Attorney whose comments have been incorporated into the attached document. Recommendation: Staff recommends the Town Council approve on First Reading Ordinance No. 08-10 as written and attached to this memorandum. Proposed Motion: " I move to approve Ordinance No. 08-10 on First Reading." Town Manager Co ents: A ents: 0 A. Ordinance No. 08-10 TOWN OF AVON, COLORADO ORDINANCE NO. 08-10 SERIES OF 2008 AN ORDINANCE OF THE TOWN OF AVON, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS (NWCCOG), CONCERNING THE INSPECTIONS OF ELEVATORS, AND SETTING FORTH DETAILS IN REGARD THERETO • WHEREAS, the Town of Avon, Colorado, ("Town") is a home rule municipality duly organized and existing under Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter of 1978 ("Charter"); and WHEREAS, the Northwest Colorado Council of Governments is a Colorado government agency existing and operating under executive order of the Governor of Colorado; and WHEREAS, the Elevator and Escalator Certification Act (Act) Title 9, Article 5.5, Section 101 through 120, of the Colorado Revised Statutes, declares that in order to ensure the • minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern; and WHEREAS, in 1992, Building Inspectors in Region XII, which includes the Town, approached NWCCOG Board of Directors and requested the implementation of a regional elevator inspector program; and WHEREAS, NWCCOG has executed a Memorandum of Agreement with the Division of Oil and Public Safety (OPS) and is now considered a qualified authority having jurisdiction; and WHEREAS, the attached agreement is entered into by the Town and NWCCOG to identify the responsibility of each party for ensuring the safety and conveyance within the jurisdiction and formalize the cooperative working relationship to provide procedures for communication, exchange of information as necessary to carry out the provisions of the Act; and WHEREAS, the Town Council may enter into contracts with other government agencies for the furnishing and receiving of services of public benefit by a two-thirds vote of the entire Council; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Intergovernmental Agreement between the Town and NWCCOG attached hereto as Exhibit A is approved. {00086404.DOC / 21