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HomeMy WebLinkAbout1994 Ordinance No. 032ORDINANCE NO.~ SERIES OF 1994 BY AUTHORITY COUNCU. BlLL NO . 36 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS FOR THE CITY OF ENGLEWOOD'S PARTICIPATION IN THE DENVER REGIONAL COUNCIL OF GOVERNMENT·s ELEVATOR, ESCALATOR AND DUMBWAiTER INSPECTION PROGRAM . WHEREAS, the City of Englewood recognizes the need to inspect elevators and escalators, and WHEREAS, t.he Denver Regional Council of Governments has enacted a regional inspection program ; and WHEREAS, the DRCOG's Elevator, Escalet.or and Dumbwaiter Inspection Program provides for a semi-annual inspection of elevators, escalators, dumbwaiters, and wheelch air lifts and plan review for all new instarations; and WHEREAS, with the implementation of the Americans With Disabilities Act the number and usage of elevators is increasing; and WHEREAS, DRCOG's Program emphasizes the economy of scale and will provide a substantial finan cial benefit to member jurisdictions; and WHEREAS, with the City of Englewood's participation, along with 16 other jurisdictions, th e public's safety will be enhanced; and WHEREAS, the cost to the City of Englewood will be covered from fees collected from the elevator owners at a rate of$150.00 per unit; NOW, THEREFORE, BC IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : lit:wJul.l. The Intergovernmental Agreement with the Denver Regional Council of Governments is hereby ,..,t:,orized by the Englewood Gity Coundl. The Mayor is authorized lo execute end the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood, Colorado. ~-The Intergovernmental Agreement generally contafos as follow s : A . DRCOG will provide en inspect.or to conduct elevator and escalator safely inspections and certifications for the City of Englewood and other participating jurisdictions, and will provide sufficient staff to effectively coordinate the program fo r the term from July I , 1994 to December 31, 1994 . B . DRCOG will act as a "'pare le \egal ent ity for the so le purpose of coordinating the Program . -1 - C . DRCOG will provide the City of Enpwood .nth an annual programmatic and fitcal report. D . The City ,f Enalewood has adopted the current American National Standard ■ Institute (AN5n Standard Saf•ty Code for Elevators and Escalators. E . DRCOG in1pect.or{1) will perform all necessary and appropriate in spe ction ■ as specified in th e ANSI Code as adopted by the City or Englewood . F . DRCOG shall be responsible for verifying the credentials of the inspector{a) and the inspectors shall be employees of DRCOG. G . The City of Englewood agrees to 1upervise the inspectors whil e they wmk in the City of Engl ew ood'• jurisdiction and al ■o agree to specify the level nn•J type of authority to be assumed by the DRCOG in1pectors while working in the City of Englewood. H . Th e Elevator In spection Advisory Committee e1tabli1hes the operating rules and policies and the City of Englewood may appoint one repn,sentative to serve on the committee. The commi ttee participates in the selection and opproval of the inspectors. l . Th e City of Englewood shall pay DRCOG a total of$7,500.00 due and payable on July 1, 1994 . The City's cost is based upon the City'■ estimated number of 150 units , in the City of Englewood's jurisdiction and charged at $50.00 per unit ( 1/2 the an nual program charge). Scheduling of the inspectors for the period occurs foll owi ng c:ceipt of pay menl J . Payment constitutes acceptance of the terms contained in the agree ment . Changes to the terms of the agre-.,ment shall be in writing. K . SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provision s of this Agreement shall be of full force and effect. L . TERMI NATION. Either party to this Agreement may terminate the Agreemen t by giving to th e oth er ten ( 10) days notice in writing with or without good cause shown . Upon deliv.ery of such notice by the CITY to DRCOG, and upon expiration of the ten (10 ) day period , DRCOG shall discontinue all services in connection with the performan ce of this Agreemenl Ar, soon as practicable aft.er receipt of notice of tern: •ation , DRCOG shell s ubmit a statement, showing in detail the services perfo rmed under this Agreement to the date of termination. Introduced , r ead in full , and pas .. d on firs t r ead in g on the 20th day of June, 199◄. -2- Published a ■ a Bill for an Ordinance on the 23rd day .,f June, 1994. Read by title and puaed on final reading on the 5th day of July, 1994. Puuli1hed by title II Ordinance No .3_.:l;serie1 of 1994, on ~: ~-~CiiclJ · I, Loucri shia A. Elli s, City Clerk of the City of Englewood, Colorado, heraby certify that th e abov e and forego ing is a true cop1_2f the Ordinance passed on final read.in;: and '"'""''' "'""'" o.a,oM• No o;.c "'" ,,,,,. ~ J, 1£11, Loucriahia A. Ellis -3 - ELEVATOR, ESCALATOR AND DUMBWAITER INSPECTION PROGRAM AGREEMENT THIS AG REEMENT ia entered into th is_ day of ______ 199<1 , by and between the DE NVE R REGIONAL COUNCIL OF GOVERNMENTS, &ate of Colorado, (hereinafter referred to a, "DRCOG") and THE CITY OF ENGLEWOOD (hereinafter referred to as "C ITY"). WHEREAS, the City of En11lewood recognites the need to ins pect elevators and escala Lors, and WHEREAS, the Denver Regional Council of Government, has enacted a region al in spection pro~am : and WHEREAS, the DRCOG's Elevator, Escalator and Dumbwaiter In s pection Program provides for a sem i-annua1 inspection of elevators, escalators. dumbwaiters, and wheelchai r lift s and plan review for all new installations; and WHEREAS, with the implementation of the Americans With Di s abiliti es Act the nu mbe r and us age of el evators is increasing; and WHEREAS , DRCOG's Progra m emphasiies the economy of acale and will provi de a substantia l financial benefit to member jurisdiction s; and WHEREAS, with th e City of Englewood's participation , alon g with 16 other jurisdictions, th e public's safety will he enhanced ; a nd WHEREAS, the cost lo the City of Englewood will be covered from fees collected from the elevator ow ners at a rate of$150.00 per unit; NOW THEREFORE , in consi deratio n of the mu tual covenants and stipul ations he rei naner se t forth , it is agreed as fo llo ws : A . DRCO G .,.,;11 provid e en insp ector to conduct elevator and escalator safety in s pections and certifications fo r the City of Englewood and other participating jurisdicti,ms, and will pro vi de sufficient staff to effectively coordinate th e program fo r the term fr om July I , 1994 lo December 31, 1994 . B . D RCO G will act a s a se parate legal entity for th e sole purpose of coordinati ng th e Program . C . DRCOG will provide the City of Englewood with an annual programmatic and fl sea l r epo rt. D . Th e City of Engl ewood ha s adopted t he current Am eric a n National Standards In stitute (ANSI) Standard Safety Code for Elevators a nd Esca lato r s. E. DR COG in s pector(s) will perform all nec essa ry and appropriate ins pection s a s s peci fi ed in th e ANSI Code as adop ted by th e Ci ty of.Englewood . F . DRCOG shall be res pon s ible fo r verify ing th e credentials of the inspector(s ) and the inspec tors shall be employees of DRCOG . G . Th• City of Englewood acree• to 1upervi ■e I.he in1pecton while I.hey work in I.he City of Englewood'■ juriadiction and al10 agree to 1pecify I.he level and type of authority to be usumed by th• DRCOG inspectors while worlcing in I.he City of Enrlewoo d . H . The Elevator Ins pection Advisory Commit!A!e establishes the operating rules and policies and I.he City of Englewood may appoint one re pre1entative to 1erve on the committee. The commit!A!o parlicipa!A!s in the selection and approval of the inspectors. I. The City of Englewood shall pay DRCOG a total of $7,500.00 d ue and p1y1blt on July 1, 1994. The City's cos t is based upon the City's estimated number of l51l units in the Cily of Englewood's jurisdiction and charged al $50.00 per unit (1/2 Oie annual program charge). Scheduling of the inspectors for the period occurs following receipt of payment. J. Payment con stitutes acceptance of the terms co ntained in the agreem~1t Changes to the terms of the agreement shall be in writing. K . SEVERABILITY. Should any provision of this Agreement be de!A!rmined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions or this Agreement shall be of full force and effect. L . TERMINATION. Either party to I.his Agreement may IA!rminale the Agreement by giving to the other IA!n ( 10) days notice in writing with or without good cause shown . Upon delivery of such not.ice by I.h e CITY to DRCOG, and upon expiration of the ten (10) day period, DRCOG shall discontinue all servir, ih connection with the performance of this Agreement. As soon as practicable ~ite~ r'l!eei pt of no tice of termination, DRCOG shall submit a sta!A!ment, showing i11 ./.u..i the services performed under this Agreement to the da te of tenni•l.ation . In Witness Whereof, the Parties have cau sed this Agreement to be duly executed I.his_ day of ______ , 1994 . ATTEST : ATTEST : Lo u crishia A. Elli s, City Clerk DENVER REGIONAL COUNCIL c •· GOVERNMENTS By: _____________ _ CITY OF ENGLEWOOD By: _____________ _ Stu Fonda , Acting City Manager O.te June 20, 1994 1Nl11A TED BY STAFF SOURCE COUN Cil GLAt COUNaL COMMUN',CATION Agenda llem 11 g t>e;-,artment of Public Works Subject DRCOG's Elevator, Escal ator, &: Dumbwaiter ~IX\ Program Charles Esterly, Director of Public Works NIA ISSUE/ ACTION PROPOSED Staff seeks Council support for a bill for an ordinance approving an Intergovernmental Agreement with the Denver Regional Council of Governments (DRCOG) to p::u1:icip a te in the Elevator and Escalator Inspection Program. PREVIOUS COUNCIL ACTION During the 1994 Budget workshop, the New Program Request for elevator inspections was not approved . BACKGROUND Prior to 1980, when funding was eliminated, the State of Colorado provided annual inspection services for elevators and escalators. Local jurisdictions recognized the need to continue to inspect this equipment, and under the umbrella of DRCOG, a regional inspection program was created. The Elev ator Inspection program will enhance the public's safety, with all costs offset by fees . Without this program, there is no independent verification of elevator safety . Of the 16 participating jurisdictions, Englewood is only surpassed by Lakewood, Greenwood Vilfa.ge, and Boulder in terms of the numbers of elevators. Denver is not participating in the p rogram. SfAJIII ANALYSIS Thia intergovemmental agreement will allow DR.COG to hire additional staff necessary to support this program in Englewood along with several other new participants. The DRCOG Elevator Inspection Program provides for the semi-annual inspection of elevators, escalators, dumbwaiters, and wheelchair lifts, and plan review for all new installations. With this specialized transportation m achinery, excessive w ar a.td tear of mechanical parts such as cables and brakes, and 1.11\d rlPi\l'll und oil leaks can only b~ ,!etected during inspection and safety tests. With tl-iP. American with Disabilities Act (ADA), the number and usage of elevators is increauing . This program costs the participating ·01 :·isdictions $100.00 per unit. To have this program pay for itself, the City would bill •hP owners $150.00 per ,,:t Currently, the other participating jurisdictions pass along ,t: cosl,; to buildint, ,~wners at a rate from $100.00 to s1 ~. ·.oo per unit. FINANCIAL IMPACT Englewood will be b:' :ed twice per year, for one half of the total fee of $15,000 (150 units @ $100.00 = $15,000). This cost and local coordination of the program will be covered by fees collected . ' '