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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