TC Res. No. 2004-35 APPROVING AN INTERGOVERNMENTAL AGREEMENTTOWN OF AVON, COLORADO
RESOLUTION NO. 04-35
Series Of 2004
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION
DISTRICT FOR THE PURPOSE OF COORDINATING THE IMPLEMENTATION
AND ADMINISTRATION OF THE 2003 EDITION OF THE INTERNATIONAL FIRE
CODE
WHEREAS, the Town Council has adopted the 2003 Edition of the International Fire
Code; and
WHEREAS, the Eagle River Fire Protetion District administers fire protection for all
properties within its boundaries; and
WHEREAS, the Town of Avon is within the boundaries of the Eagle River Fire
Protection District; and
WHEREAS, the attached Intergovernmental Agreement (Exhibit A) between the Town of
Avon and the Eagle River Fire Protection District designates the Fire Chief of the District as a
designated representative of the Building Official of the Town; and
WHEREAS, as a designated representative of the Building Official, the Fire Chief will
conduct Fire Code inspections and plan reviews required in the implementation and
administration of the 2003 Edition of the International Fire Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the attached Intergovernmental Agreement Between the Town of
Avon and the Eagle River Fire Protetion District (Exhibit A) is hereby approved by the Town
Council of the Town of Avon.
ADOPTED THIS 1 DAY OF CC '02 l'--P- , 2004.
TOWN COUNCIL
ATTEST:
j Gam. ~ ~G~
Pa cKenny, T Clerk
TOWN OF AVO , COLO
lbertD. Reynolds, M or
u
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE
PROTECTION DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as
of this )ate- day of c6qpgrr~ , 2004, by the Town of Avon, a political
subdivision of the State of Colorado (hereinafter referred to as the "Town') and the Eagle
River Fire Protection District, a quasi-municipal Corporation and political subdivision of
the State, of Colorado (hereinafter referred to as the "District"). Collectively these entities
are also referred to as the "Parties."
RECITALS
WHEREAS, effective on ' q +y 10, , 2004, the Town adopted the
International Building code, 2003 Edition, together with appendices and amendments
there to as set forth in Town of Avon Ordinance No. 04- ; and
WHEREAS, effective on "J t4104 , 2004, the Town adopted the
International Fire Code, 2003 Edition, together with appendices* and amendments as set
forth in Town of Avon Ordinance No. 04- t N ; and
WHEREAS, the' Eagle River Fire Protection District administers fire protection
for all the properties within its boundaries; and
WHEREAS, the Town has established the position of Building Official; and
WHEREAS, the Fire Chief of the District conducts Fire Code inspections and
plan reviews; and
WHEREAS, the Town desires to designate the Fire Chief of the Eagle River Fire
Protection District the title of a designated representative of the Building Official only for
the purpose set forth herein; and
WHEREAS, the town has the power to issue and withhold building permits; and
WHEREAS, the Colorado Constitution and statues of the State of Colorado
permit and encourage agreements between political subdivisions of the State, in order
that the inhabitants of such political subdivisions may thereby secure quality
governmental services; and
WHEREAS, the purpose of this Intergovernmental Agreement is to provide plan
review, fire code inspection and fire code enforcement as set forth herein within the
Town.
NOW THEREFORE, in consideration of the covenants and mutual agreements
contained herein, and for'other good and valuable consideration, the Parties hereto agree
as follows:
1. The Town shall provide the District all building plans for all occupancies
except Group R-3 and Group U as defined in the Building Code, to be constructed or
located within the Town. The District shall, through the Fire Chief, provide plan review
comments to the Town within two weeks upon receipt of building plans, inspections and
code enforcement as to the fire prevention and suppression portions of the ,plans' and
construction for all such occupancies. Code enforcement (beyond stop work orders) will
be done jointly with the Town.
2. The Town may not issue a building permit for any structure unless such
building plans demonstrate compliance with the Town's Building Code and Fire Code
and shall not issue a certificate of occupancy, whether temporary or final, for any
structure, except Group R-3 and Group U occupancies, located within the Town until
after approved final inspection and signature by the Fire Chief.
3. The Town shall provide the Fire chief all applicable land use applications
within the Town. The District, acting through the Fire Chief shall provide application
review-, inspections and enforcement as to the fire prevention and suppression portions of
the, applications and supporting plans. Enforcement shall be done jointly with the Town.
4. Within thirty (30) days of executing this Intergovernmental Agreement,
the District shall submit comments on all applicable land use applications and building
permit plans within the Town.
5. The District shall issue permits for the installation of fire alarms and fire
sprinklers for all occupancies except R-3 and Group U and collect and retain fees as
stipulated in Resolution duly adopted by District board and consistent with fees charged
other entities contracting with the District for similar services.
6. The Fire Chief shall at all times have and maintain all licenses, a
certificates, credentials and education as are required under the laws of the State of
Colorado, the Building Code and Fire Code to perform plan review and issue building
permits and certificates of occupancy, and inspect structures relative to fire safety
(including fire sprinkler) and Fire Code compliance.
7. The District agrees, to the extent permitted by law, to indemnify, defend
and hold harmless the Town, its respective agents, officers, servants, and employees of
and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions
and causes of actions whatsoever, arising out of or related to the Fire Protection District's
intentional or negligent acts, errors or omissions or that of its agents, officers, servants
and employees, whether contractual or otherwise. This indemnity provisions specifically
includes all general building inspection services performed by, or on behalf of the Fire
Protection District prior to the effective date of the agreement.
8. In performing any acts or duties contained -in this Intergovernmental
Agreement, the Fire Chief will remain an employee of the District for all purposes,
including but not limited to all employment related laws and regulations including
payment of Worker's Compensation and compliance with Federal Fair Labor Standards
Act, and shall not be considered as employee of the Town. It is expressly acknowledged
and understood by the parties hereto that nothing contained, in this Intergovernmental
Agreement shall result in, or be construed to as establishing, and employment
relationship. The Fire Chief shall be, and shall perform as, an independent contractor.
No agent, subcontractor, employee, or the District shall be, or deemed to be, the
employee, agent or servant of the Town. The Fire Chief shall not represent, act purport
to act or be deemed the agent, representative, employee or servant of the Town.
9. Each party to this Intergovernmental Agreement shall provide its own
public liability.and property damage insurance coverage, as it may deem necessary for
any potential liability arising from this Agreement.
10. This intergovernmental Agreement shall automatically be renewed on the
first day of January of each year hereafter unless earlier terminated, by either party, with
or without cause, by giving thirty (30) days written notice to the other party.
11. This Agreement shall be governed and construed in accordance with the
laws of the State of Colorado. Venue for any District Court action shall be in Eagle
County, Colorado.
12. All notices, requests, demands, consents and other communications
hereunder shall be transmitted in writing and shall be deemed to have been duly given
when han&delivered or sent by certified, United States mail, postage prepaid, with return
receipt requested; addressed to the parties as follows:
The Eagle River Fire Protection District
351 Benchmark Road
Post Office Box 7980
Avon, CO 81620
Town of Avon, Town Manager
400 Benchmark Road
Post Office Box 975
Avon, CO 81620
13. Nothing herein expressed or implied is intended or should be construed to
confer or give to any person or corporation or governmental entity other than the District
and the town, any right, remedy or claim under or by reason hereof or by reason of any
covenant or condition herein contained, nor limit in any way the powers and
responsibilities of the Town, the District, or any other entity not a party hereto.
14. If any portion of this Intergovernmental Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Party or as
to both Parties, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining provisions
shall be fully severable and this Agreement shall be construed and enforced as if such
invalid provisions had never been inserted into this Agreement.
15. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by all the Parties to this Agreement.
16. This Agreement represents the full and complete understanding of the
Parties, and supersedes any prior agreements, discussions, negotiations, representations
or understandings of the Parties with respect to the subject matter contained herein.
EXECUTED as of the date first written above.
Town of Avon
ATTEST:
P n,i
P y Kenny, T Jerk
r
Eagle River Fire Protection District
1
By: -
A
B-
•
Memo
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
FrOrh: Norman Wood, Town Engin GZ/
Date: September 3, 2004
Re: Resolution No. 0435, Series of 2004, A Resolution Approving an
Intergovernmental Agreement Between the Town of Avon and the Eagle River
Fire Protection District for the Purpose of Coordinating the Implementation and
Administration ofthe 2003 Edition ofthe International Fire Code
Note: Intergovernmental Agreements must be approved by two-thirds (25)
majority vote of the Council
• Summary: Attached Resolution No. 04-35 approves an Intergovernmental
Agreement between the Town of Avon and the Eagle River Fire Protection District. This
Agreement is needed to maintain the coordination between the Town and the District for the
effective administration of the International Fire Code. This, assures that Fire Code
inspections and plan reviews will be performed by qualified personnel from the Fire
Department and Building Permits and Certificates of Occupancy will be administered through
the Town of Avon Building Department.
There will be no cost to the Town with the implementation of this Agreement. The Fire
District will establish a fee schedule and collect the fees for plan review direct from the
developers.
I have reviewed the Agreement with Carol Mulson and Charlie Moore with District and they
have stated that the District's Attorney has reviewed the Agreement and they anticipate
approval at the District Board meeting this month.
We recommend approval of Resolution No. 04-35, Series of 2004, A Resolution Approving an
Intergovernmental Agreement Between the Town of Avon and the Eagle River Fire Protection
District for the Purpose of Coordinating the Implementation and Administration of the 2003
Edition of the International Fire Code.
•
CADocuments And SettingANwoodWy Documents\TuMSIdg. CodesTire Agrr mt Res Memo.Doc
Recommendation: We recommend approval of Resolution No. 0435,
Series of 2004, A Resolution Approving an Intergovemnmental Agreement Between the Town of
Avon and the Eagle River Fire Protection District for the Purpose of Coordinating the
Implementation and Administration of the 2003 Edition of the International Fire Code.
A roll call vote is recommended to assure the requirement for a two-thirds vote of the
Council is complied with.
Proposed Motion: I move to approve Resolution No. 0435, Series of2004,
A Resolution Approving an Intergovernmental Agreement Between the Town of Avon and the
Eagle River Fire Protection District for the Purpose of Coordinating the Implementation and
Administration of the 2003 Edition of the International Fire Code.
Town Manager Comments:
•
•
•
0 Page 2