HomeMy WebLinkAbout2014 Ordinance No. 031•
ORDINANCE NO. 3/
SERIES OF 2014
CONTRACT. NO. b'B-20 \ 4
BY AUTHORITY
COUNCil, Bil,L NO. 33
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR
PLAN REVIEW AND INSPECTION SERVICES BETWEEN SOUTH METRO FIRE RESCUE
AUTHORITY AND THE CTIY OF ENGLEWOOD.
WHEREAS, pursuant to Article XX of the Colorado Constitution the City operates a fire
department that provides fire protection, emergency medical, rescue, and ambulance or
haz.ardous materials services within the City's jurisdictional boundaries; and
WHEREAS, South Metro Fire Rescue Authority is a separate legal entity organized pursuant
to the Amended and Restated Parker-South Metro Fire Rescue Creation and Pre-Inclusion
Agreement dated May 21, 2012 and §29-1-203(4) C.R.S., with all the powers, authorities, duties,
privileges, immunities, rights and responsibilities of a public body politic and corporate, and
organized and operated with all the authorities of, and to provide the services authorized to, a fire
protection district organized and operated pursuant to Article 1, Title 32, C.R.S.; and
WHEREAS, the City of Englewood and the South Metro Fire Rescue Authority (SMFRA)
have identified a common interest in providing a reasonable level of life safety and property
protection from the hazards of fire, explosion and dangerous conditions in new and existing
buildings, structures and premises, and in providing safety to firefighters and emergency
responders during emergency operations; and
WHEREAS, through cooperative efforts the parties are willing and able to conduct plan
reviews and fire code inspections within each other's jurisdictions, upon request as needed, and
also to assist in the training of personnel in plan review and fire inspection techniques and
procedures; and
WHEREAS, the combined effort will serve the public purpose and will promote the health,
safety, security, and general welfare of the inhabitants and visitors of each jurisdiction; and
WHEREAS, this is a mutual agreement to provide services for each entity, currently South
Metro Fire Rescue Authority is seeking assistance from Englewood, so there will be additional
revenue generated for Englewood for services provided by the Englewood Fire Department Fire
Marshal's Office.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil, OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
9 b ii
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement for Plan Review and Inspection Services attached hereto as
"Exhibit A".
Section 2. The Englewood City Council hereby authorizes the Mayor to sign the agreement for
and on behalf of the City of Englewood, attached as Exhibit A.
Introduced, read in full, and passed on first reading on the 2nd day of June, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day of
June, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 4th day of
June, 2014 for thirty (30) days.
Read by title and passed on final reading on the 16th day of June, 2014.
Published by title in the City's official newspaper as Ordinance No.~/ Series of 2014, on
the 20th day of June, 2014.
Published by title on the City's official website beginning on the 18th day of
June, 2014 for thirty (30) days.
~l~=c--~ P . Penn, Mayor
&tt:b
I, Loucrishia A. Ellis, City C lerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Serie s of 2014.
-~
INTERGOVERNMENTAL AGREEMENT FOR
PLAN REVIEW AND INSPECTION SERVICES
TIIIS INTERGOVERNlvfENTAL AGREEMENT FOR PLAN REVIEW AND
INSPECTION SERVICES is made and entered into this __ day of ___ _
2014, by, the City of Englewood, a home rule municipality, hereinafter referred to as
"City," and South Metro Fire Rescue Authority, hereinafter referred to as "Authority."
City and Authority are hereinafter referred to jointly as the "Parties" and singularly as a
"Party."
WITNESSETH
WHEREAS, pursuant to the authority provided by Article XX of the Colorado
Constitution, the City operates a fire department that provides fire protection, emergency
medical, rescue, and ambulance or hazardous materials services within the City's
jurisdictional boundaries; and
WHEREAS, the Authority is a separate legal entity organized pursuant to the
Amended and Restated Parker-South Metro Fire Rescue Creation and Pre-Inclusion
Agreement dated May 21, 2012 and §29-1-203( 4), C.R.S., with all the powers,
authorities, duties, privileges, immunities, rights and responsibilities of a public body
politic and corporate, and organized and operated with all the authorities of, and to
provide the services authorized to, a fire protection district organized and operated
pursuant to Article 1, Title 32, C.R.S.; and
WHEREAS, the City and Authority have a common interest in providing a
reasonable level of life safety and property protection from the hazards of fire, explos1on,
and dangerous conditions in new and existing buildings, structures, and premises, and in
providing safety to firefighters and emergency responders during emergency operations;
and
WHEREAS, the Parties have personnel with the training and/or certifications
necessary to conduct plan reviews and fire inspections ("Qualified Individuals"); and
WHEREAS, each Party is willing and able to conduct such plan reviews and fire
code inspections within the other Party's boundaries, as needed, and also to assist in the
training of personnel in plan review and fire inspection techniques and procedures; and
WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV,
Section 18(2)(a) and (b) and Section 29-1-203, C.R.S., the Parties desire to establish an
agreement to provide plan review, fire inspection, and training services to each another, as
provided herein; and
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WHEREAS, establishment of an intergovernmental agreement for plan review,
fire inspection and training services will serve a public purpose and will promote the
health, safety, security and general welfare of the inhabitants and visitors of the Parties
and the State of Colorado.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements and promises set forth hereinafter, the Parties agree as follows:
1. Plan Review. Upon request, a Party will provide one or more Qualified
Individuals to review construction documents for compliance with applicable fire codes
and standards (''Plan Review Services") for projects requiring permits within the
requesting Party's boundaries. The requesting party shall remain as the authority having
jurisdiction ("AHJ").
2. Fire Inspection. Upon request, a Party will provide one or more Qualified
Individuals to review field conditions for compliance with approved construction
documents and applicable fire codes and standards ("Fire Inspection Services") for
projects requiring permits within the requesting Party's boundaries. The requesting party
shall remain as the AIU.
3. Training Services. Upon request, a Party may provide the following types
of training to the requesting Party ( collectively, "Training Services"):
(a) Specific classroom~style training to personnel in plan review and fire
inspection techniques and procedures ("Classroom Training");
(b) The Parties may allow personnel to shadow plan reviewers or fire
inspectors and assist in plan review and fire inspection for projects requiring permits
within the boundaries of the Parties ("Shadowing").
4. Discretion. Should either Party have personnel or resources already
committed, or which are otherwise unavailable, which in its sole discretion prevents it
from providing Plan Review or Fire Inspection Services and also providing an adequate
level of service within its own jurisdiction, it shall promptly notify the requesting Party
and shall be released from all or a portion of its responsibilities under this Agreement.
Such Party shall notify the requesting Party when its personnel and resources are
adequate and become available.
5. Fees for Services.
(a) Plan Review and Fire Inspection Services will be provided at a rate
of $75.00 per hour per plan reviewer or fire inspector.
(b) There shall be no fee for Classroom Training or Shadowing.
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( c) The Parties shall each maintain their own time accounting and the
Fire Marshal for each Party shall be responsible for submitting invoices to the other Party
on a monthly basis. Invoices shall be paid within thirty (30) days of receipt of the
invoice. In any month where each Party receives an invoice, the Fire Marshalls shall
confer and determine the net difference. Upon mutual agreement of the Fire Marshalls,
the Party owing money after the net diff~rerice is calculated may pay only the net
difference to the other Party, which shall then satisfy both Parties' payment obligations
for that month.
6. Governing Body Authorization. Plan Review, Fire Inspection Services and
Training Services shall be provided without regard to political boundaries and in full
compliance with the terms and conditions of this Agreement. Plan Review, Fire
Inspection and Training Services are hereby approved by the respective governing bodies
of the Parties, and provision of such Services pursuant to this Agreement shall require no
further approval by the governing bodies of either Party.
7. Pre-Existing Obligations. Nothing herein shall limit the emergency
incident and life safety duties of either Party within its respective jurisdiction, or any
other aid agreements any Party may have with the other Party or other entities.
8. Personnel and Equipment. Each Party shall remain responsible for the
payment of salary, wages, or other compensation or reimbursement of its own personnel
and all costs associated with use of their own equipment utilized in any of the Services.
The personnel and equipment of each Party shall be insured by the liability, workers'
compensation, or other insurance of their own agency .
9. Liability to Third Persons. Each Party assumes full responsibility and
liability for any and all injuries to, and damages to real or personal property of persons
not a party to this Agreement that occur during any life safety incident and which are
caused by that Party, its volunteers, servants, agents, or employees.
10. Waiver. Each Party assumes full responsibility and liability, and waives all
claims it may have against each other Party ("second Party''), for any and all damages to
the equipment of the Parties, and for personal injuries and damages to real or personal
property of the Parties volunteers, servants, agents, or employees, whether caused by the
second Party or a person not a party to this Agreement, that occur during the course of a
life safety, except for damages and injuries caused by the willful and wanton actions, or
intentionally tortious conduct of second Party. It is the intent of this provision to
contractually reallocate liability for damages from that provided by Section 29-5-108,
C.R.S.
11. No Third-Party Rights. Nothing in this Agreement shall be deemed to
create or give rise to any rights, claims or causes of action in any person or entity except
the Parties.
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12. Effective Date, Term and Termination. This Agreement shall become
effective between the signatories of this Agreement at 0 :00 hours of the first day of the
first month following execution by both Parties. The term of this Agreement shall be
through the end of the year in which it is entered, and this Agreement shall be
automatically renewed for additional one ( 1) year terms. The Agreement shall be
terminated by written notice, such notice given at least thirty (30) days prior to the
effective date of the termination, unless otherwise agreed by the Parties.
13. Annual Appropriations. Notwithstanding the provisions of this Agreement
to the contrary, the terms and obligations of this Agreement are subject to annual
appropriations by the Parties so as to not create a multiple fiscal year obligation pursuant
to Article X, Section 20 of the Colorado Constitution.
14. Assignment. This Agreement shall be binding upon the successors and
assigns of each of the Parties hereto, except that no Party may assign any of its rights or
obligations hereunder, without the prior written consent of the other Parties.
15. Notices. Any formal notice, demand or request pursuant to this Agreement
shall be in writing and shall be deemed properly served, given or made, if delivered in
person or sent by certified mail postage prepaid to the Parties at the following addresses:
South Metro Fire Rescue Authority
Attn : ------9195 E. Mineral Avenue
Centennial, CO 80112
Phone: (720) 488-7200
City of Englewood Fire
Department
Attn: Andrew Marsh
Fire Chief
Englewood, CO a o 110
Phone: 303 762-2481
1000 Englewood Parkway
16. Amendments. This Agreement may be amended only by written document
signed by the Parties.
17. Severabilit;y. In the event that any of the terms, covenants or conditions of
this Agreement or their application shall be held invalid as to any person, entity or
circumstance by any court having competent jurisdiction, the remainder of this
Agreement and the application in effect of its terms, covenants or conditions to such
persons, entities or circumstances shall not be changed thereby.
18. Duplicate Original. This Agreement may be executed in two counterparts,
each of which shall be an original, but all of which together shall constitute one and the
same instrument. The parties agree that a signature delivered as a scanned image
attached to an e-mail (for example, as a .pelf file) shall have the same force and effect as
an origipal signature .
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IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be
• executed as of the day and year first written above.
Attest:
_____ ...,,Secretary
Attest:
SOUTH METRO FIRE RESCUE
AUTHORITY
By
-Chairman -----·
CITY OF ENGLEWOOD
By
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
June 2, 2014 9 a ii Intergovernmental Agreement by and
between South Metro Fire Rescue Authority
and the City of Englewood regarding Plan
Review and Inspection Services
Initiated By: Staff Source:
Fire Department Laura Herblan, Fire Marshal
Andrew Marsh, Fire Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
1) The City supports cost-effective and innovative service delivery partnerships.
2) The City has numerous mutual aid, automatic aid and shared service agreements with other
agencies and jurisdictions.
RECOMMENDED ACTION
Staff seeks Council's approval of an Intergovernmental Agreement by and between South Metro Fire
-Rescue Authority and the City of Englewood regarding plan review, inspection, and training services.
•
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Fire Department (EFD) and South Metro Fire Rescue Authority (SMFRA) have identified a
common interest in providing a reasonable level of life safety and property protection from the hazards of
fire, explosion and dangerous conditions in new and existing buildings, structures and premises, and in
providing safety to firefighters and emergency responders during emergency operations. Through
cooperative efforts, EFD and SMFRA are willing and able to conduct plan reviews and fire code inspections
within each other's jurisdictions-upon request as needed-and also to assist in the training of personnel in
plan review and fire inspection techniques and procedures. This combined effort will serve the public
purpose and will promote the health, safety, security, and general welfare of the inhabitants and visitors of
each jurisdiction.
FINANCIAL IMPACT
While this is a mutual agreement to provide services for each other, currently SMFRA is seeking assistance
from EFD, so there will be additional revenue generated for the City of Englewood for services provided by
the EFD Fire Marshal's Office.
LIST OF ATTACHMENTS
Bill for Ordinance