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Home My WebLink About2013 Ordinance No. 021• • • -..._ . "' ORDINANCE NO. J._/ SERIES OF 2013 CONTRACT, NO. ·7.3-~D \ 3 BY AUTHORITY COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT (!GA) ENTITLED "MEMORANDUM OF AGREEMENT-CMS #FY14-56920 FOR THE LOCAL JURISDICTION REGULATION OF CONVEYANCES PURSUANT TO THE ELEV ATOR AND ESCALATOR CERTIFICATION ACT TITLE 9 ARTICLE 5 .5, COLORADO REVISED STATUTES" BETWEEN THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, DNISION OF OIL AND PUBLIC SAFETY ("OPS") AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Agreement with the State to inspect elevators and escalators for the City which expires July 31, 2013 , by the passage of Ordinance No. 33, Series of 2008; and WHEREAS, the passage of this Ordinance will permit the City of Englewood to identify the responsibilities of each party for ensuring the safety of conveyances within the State through compliance with the Act and all promulgated rules and regulations; formalize the cooperative working relationships between the Parties; and provide procedures for communications, exchange of information and resolution of problems as necessary to carry out the provisions of the Act; and WHEREAS, all promulgated rules and regulations and will terminate July 31, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Colorado State Amended Statutes regarding Elevator and Escalator Certifications C .R.S . 9-5.5-101 et seq ., which requires cities to contract with the State that the City inspect such conveyances or allow the State to inspect and certify them. Section 2. The City of Englewood finds that it is in the best interests of the citizens of Englewood to maintain its current inspection and certification process. Section 3 . The City Council of Englewood, Colorado , hereby approves the Intergovernmental Agreement entitled "Memorandum 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" between the Colorado Department of Labor and Employment, Division of Oil and Public Safety ("OPS") and the City of Englewood, Colorado, a copy of which is attached hereto as Exhibit A. Section 4. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. 9 b ii Introduced, read in full, and passed on first reading on the 17th day of June, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of June, 2013. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of June, 2013 for thirty (30) days. Read by title and passed on final reading on the 1st day of July, 2013. Published by title in the City's official newspaper as Ordinance No.~(, Series of 2013, on the 5th day of July, 2013. Published by title on the City's official website beginning on the 3rd day of July, 2013 for thirty (30) days. ~crishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk 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. ;.1'./, Series of 2013. v , ~-«g • . " • • • MEMORANDUM OF AGREEMENT-CMS #FY 14-56920 FOR LOCAL JURISDICTION REGULATION OF CONVEYANCES Pursuant to the Elevator and Escalator Certification Act Title 9 Article 5.5, Colorado Revised Statutes THIS MEMORANDUM OF AGREEMENT ("MOA") is entered into t~is 23rd day of May 2013, between the Colorado Department of Labor and Employment, Division of Oil and Public Safety ("OPS"), 633 17 th Street, Suite 500, Denver, Colorado 80202-3610 and the City of Englewood ("Authority Having Jurisdiction" or "AHJ"), located at 1000 Englewood Parkway, Englewood, Colorado 80110 (collectively referred to as the "Parties"). I. BACKGROUND The Elevator and Escalator Certification Act (the 'Act'), Title 9, Article 5.5, Sections 101 through 120, Colorado Revised Statutes (C.R.S.), declares that "in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern". Conveyance Regulations, 7 Colorado Code of Regulations [CCR] 1101-8, have been promulgated to implementthe requirements in the Act, and associated policies and guidance have been developed to further clarify requirements in regulations. The Act allows a local authority having jurisdiction (AHJ) to enter into an MOA with OPS to regulate conveyances that are located within its territory ( city, county or city and county) of authority. Following OPS's approval of the AHJ's conveyance standards and execution of this MOA, the AHJ will be considered an Approved AHJ. Documents incorporated herein and by reference to this MOA are Appendix A, Elevator and Escalator Certification Act, and Appendix B, Conveyance Regulations . II. AUTHORITY AND PURPOSE The principle authority for this MOA is contained in §9-5.5-112 (2), C.R.S. The Parties have entered into this MOA to: • Identify the responsibilities of each party for ensuring the safety of conveyances within the State of Colorado through compliance with the Act, regulations, and associated policies and guidance; ·· • Formalize the cooperative working relationships between the Parties; and • To provide procedures for communications, exchange of information, and resolution of problems as necessary to carry outthe provisions of the Act and regulations. III. EFFECTIVE DATE AND TERM This MOA shall be effective on August 1, 2013 upon the satisfaction of OPS that the AHJ has developed a program that can adequately regulate conveyances within its territory. This MOA will terminate on July _31, 2018, unless terminated sooner as specified in§ VII of this Agreement. IV. RESPONSIBILITES OF OPS A. OPS shall approve the AHJ entering into this MOA. B. OPS shall adopt nationally recognized conveyance safety standards. C. OPS shall require that all newly installed and existing conveyances in the State of Colorado are registered with OPS. This process will include the collection of a one-time registration fee from the conveyance owner. D. OPS shall require that all conveyance contractors, mechanics, and inspectors conducting work in the State of Colorado are licensed through OPS. FINAL E X H I B I T A E. Prior to the effective date of this MOA, OPS will accept and process submittals and fees for installation and alteration permits, certificates of operation, and Alternate Materials and Methods Requests (variances to code) regarding conveyances located in the territory of the • AHJ. For submittals received on or after the effective date of this MOA, OPS will notify the owner or contractor to re-submitthese documents to the AHJ. V. RESPONSIBILITES OF THE AHJ A. The AHJ shall operate and enforce a conveyance regulation program within its territory of authority with standards equal to or more stringent than those within current OPS statute and regulation. B. The AHJ shall be responsible for relaying information regarding conveyances within its territory to the OPS on an annual frequency. This information shall be submitted to OPS no later than February 28 th of each calendar year and shall include information from the previous calendar year. The information and information format shall be determined by the OPS and shall be incorporated by reference herein to this MOA. C. The AHJ shall, in cooperation with OPS, establish a schedule for the AHJ to initially adopt standards listed in §9-5.5-112 (1), C.R.S. Following this initial adoption, the AHJ shall remain current in adoption of future standard versions within 90 days from the date at which OPS adopts the standard. D. The AHJ shall be responsible for ensuring that all new and existing conveyances regulated by OPS within the territory of the AHJ are registered with OPS prior to issuing a Certificate of Operation for those conveyances. E. The AHJ shall be responsible for ensuring that all entities described in IV. D. above are licensed with OPS prior to conducting work in its territory. Information regarding unlicensed entities shall be reported to OPS immediately in order that OPS enforcement be initiated. F. Within 24 hours of notification received by the AHJ, the AHJ shall notify OPS of any accident • resulting in injury to an individual. G. If the AHJ utilizes a subcontractor in the performance of its responsibilities under this MOA, the AHJ shall ensure that the subcontractor holds all required licenses and/ or certification to perform their responsibilities, and maintains adequate insurance coverage at all times while performing their responsibilities. H. If allowed per AHJ regulations, the AHJ shall review and make determination of approval or denial for all Alternate Materials and Methods Requests (AMMR-code variances) submitted by conveyance owners or contractors. The AHJ must notify the OPS on all AMMR determinations. I. The AHJ will honor permits issued, certificates of operations issued, and AMMRs granted by OPS prior to the effective date of this MOA. VI. ACCESS TO INFORMATION A. To the extent allowed by lavy, each party shall make available to each to the other party, at no cost, information regarding conveyances within its possession. Requests for information shall not impose an unreasonable resource burden on the other party. B. Upon reasonable notice to the AHJ during the term of this MOA, OPS may inspect and review AHJ's records with regard to this MOA. VII. TERMINATION A. Convenience The Parties may terminate this MOA for their convenience by notifying the other party in writing, as described in Section VIII C of this MOA, of their intent to terminate this MOA. Such termination shall be effective thirty (30) calendar days following notice. Notwithstanding the above, OPS may terminate this MOA immediately if the AHJ fails to satisfactorily perform its responsibilities hereunder during the term of this MOA. FINAL • ,. • • • B. Funding Contingency If any provision of this MOA imposes upon either party any financial obligation whatsoever to be performed in any fiscal year subsequent to the year of execution, this MOA is contingent upon the availability and appropriation of funds for such financial obligation. VIII. GENERAL PROVISIONS A. Legal Authority The parties warrant that each possesses actual, legal authority to enter.into this MOA. 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 MOA and bind that party to its terms. The person or persons signing this MOA, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual , legal authority to execute this MOA, and any attachments or amendments hereto, on behalf of that party. B. Notice of Pending Litigation Unless otherwise provided for in this MOA, the AHJ shall notify the OPS individuals, as listed below in C, within five (5) working days after being served with a summons, complaint, or other pleading in a case which involves any services provided under this MOA and which has been filed in any federal or state court or administrative agency. C. Notice Procedure All notices required to be given under this MOA 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. If sent by facsimile, notice shall be deemed given at the time of completion of the transmission of the facsimile with facsimile machine confirmation of transmission to the correct facsimile number of all pages of the notice. Forth eAHJ: Name& Lance H. Smith Title: Chief Building Official Address: 1000 Englewood Parkway Englewood, COlorado 80110 Phone: 303-762-2366 Fax: 303-762-2362 For OPS: Name& Lisa Eze, Purchasing Director Title: Address: Colorado Department of Labor & Employment 633 17th Street, Suite 1100, Denver CO 80202 Phone: 303-318-8054 Fax: 303-318-8068 With a copy to: Name& Greg Johnson, Conveyance Section Manager Title: Address: Colorado Department of Labor & Employment Oil & Public Safety Division 633 17th Street, Suite 500, Denver CO 80202 Phone: 303-318-8536 Fax: 303-318-8534 FINAL D. Independent Contractor Neither AHJ nor any agent or employee of AHJ shall be or shall be deemed to be an agent or employee of OPS. E. Third-Party Claims Only to the extent that indemnification is consistent with any constitutional or statutory limitations on the AHJ's ability to indemnify others, the AHJ shall indemnify and hold OPS harmless against any third party claims that may arise under this MOA as a direct result of the AHJ's performance or non-performance of its responsibilities hereunder. F. Adherence To Applicable Laws. At all times during the term of this MOA, both parties shall comply with all applicable federal and state laws, regulations, rules, or procedures, as these provisions currently exist or may hereafter be amended, all of which are incorporated herein by reference and made a part of the terms and conditions of this MOA. G. Venue. The Parties agree that exclusive venue for any action related to this MOA shall be filed in the City and County of Denver, Colorado. H. Governmental Immunity Act No term or condition of this MOA 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. I. Entire Understanding This MOA 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. IX. APPROVALS The Parties hereto have executed this MOA. By: FINAL City of Englewood Randy P. Penn Mayor Date: _____ _ Colorado Department of Labor and Employment Division of Oil and Public Safety By: Mahesh Albuquerque, Director Date: ______ _ • • • • • • . ' ... COUNCIL COMMUNICATION DATE: June 17, 2013 AGENDA ITEM: SUBJECT: Extension of Memorandum of 9 a ii Agreement for Elevator Inspection Services INITIATED BY: Fire Department, Di vision of STAFF SOURCE: Lance Smith, Chief Bu i lding Building and Safety Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: The current Memorandum of Agreement ("MOA'') between the State of Colorado Di vision of Oil and Public Safety ("OPS ") and the City of Englewood was approved in June of 2008. The current agreement expires July 31, 2013. RECOMMENDED ACTION: Staff requests City Council approve a bill for an ordinance extending a Memorandum of Agreement with the Colorado Division of Oil and Public Safety regarding elevator inspection services. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The MOA will--allow the City of Englewood to continue to meet State requirements for identifying the responsibilities of each party for ensuring the safety of elevator and escalator conveyance systems. The new MOA will become effective August 1, 2013 and will terminate on July 31 , 2018. FINANCIAL IMPACT: There will not be a financial impact. LIST OF ATTACHMENTS: Proposed Bill for an Ordinance