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Home My WebLink About08978 ORDINANCE NO. 8978 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO WEST METROPOLITAN DISTRICT TO PROVIDE FIRE CODE INSPECTION SERVICES AND BUDGETING AND APPROPRIATING $20,000 FOR THE PURPOSES OF SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between Pueblo, a municipal corporation ("City"), and Pueblo West Metropolitan District, a Colorado special district, to provide fire code inspection services (the “Agreement”), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds for payment of any services or charges incurred under the Agreement shall be paid from account 10180100 53001, and the amount of $20,000 is hereby budgeted and appropriated to said account for such purpose. SECTION 4. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the policies and procedures therein described. SECTION 5. This Ordinance shall become effective upon final passage and approval. INTRODUCED: March 14, 2016 BY: Ed Brown PASSED AND APPROVED: March 28, 2016 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 14, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO WEST METROPOLITAN DISTRICT TO PROVIDE FIRE CODE INSPECTION SERVICES AND BUDGETING AND APPROPRIATING $20,000.00 FOR THE PURPOSES OF SAID AGREEMENT SUMMARY: Attached is an Intergovernmental Agreement between the City of Pueblo and the Pueblo West Metropolitan District authorizing the Pueblo West Metropolitan District to provide fire code inspection services to the City of Pueblo Fire Department for the amount of $20,000.00. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Pueblo Fire Department conducts plan reviews and inspections of fire suppression systems and fire alarm systems for construction projects. These reviews are conducted by the department’s Fire Prevention Bureau and are a critical service provided to contractors. Due to recent changes in the Bureau’s staffing; the department will be without a state certified plan reviewer for a portion of 2016. To address this issue, the Pueblo West Fire Department has agreed to provide the service of plan review and inspection of those projects for the remainder of 2016. The alternative is to have contractors use the state provided reviewers and inspectors from the State of Colorado Division of Fire Prevention and Control. This can add time to a construction project and can be counterproductive to economic development. Pueblo West will be compensated the full amount of the fees charged to the contractor for the service that Pueblo West has agreed to provide. A pass through account has been established as a part of this ordinance. FINANCIAL IMPLICATIONS: The anticipated total project cost is $20,000.00. The funds for this agreement shall be paid out of account 10180100-53001. Staff time will be required for project management, as well as monitoring and reporting. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Intergovernmental Agreement Pueblo Fire Department Fee Schedule INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO WEST METROPOLITAN DISTRICT TO PROVIDE FIRE CODE INSPECTION SERVICES This Agreement is made by and between Pueblo, a municipal corporation ("City"), and Pueblo West Metropolitan District, a Colorado special district ("District"). For purposes of this Agreement, each party may be referred to as a"Party" or collectively as "Parties". RECITALS WHEREAS, the District has established and operates and maintains a fire department which employs an examiner who meets all requirements for certification as set forth Part 12 of Article 33.5 of title 24, C.R.S and provides commercial building fire protection engineering plan review, design consultation, and fire code inspections for new construction and fire suppression systems; and WHEREAS,City anticipates the need for fire code inspections services and certified plans examiner services with respect to commercial buildings during calendar year 2016 which City's current staffing may not be able to meet in a timely fashion; and WHEREAS, the City and the District desire to enter into this Intergovernmental Agreement whereby the District will provide on an as needed basis fire code inspections and certified plans examiner services, including plan reviews as required under the City's adopted fire code and as required under Part 12 of Article 33.5 of title 24, C.R.S.,for a fee pursuant to the terms and conditions of this Agreement; and WHEREAS, the District and the City are political subdivisions, as defined under §29-1- 201,et seq., C.R.S.,which expressly authorizes and encourages political subdivisions to cooperate or contract with one another for their mutual benefit, subject to the approval of the legislative body of each governmental entity. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term. The term of this Agreement shall commence on February , 2016 and end on December 31, 2016. All services initiated under this agreement prior to the end of the term of this Agreement shall be fully performed by District even if performance extends beyond the term of the Agreement unless otherwise directed by City. 2. Services. Upon request,the District will provide fire code inspections services and certified plans examiner services for any property located within the boundaries of the City, as may be amended from time to time, including plan reviews as required under the City's adopted 1 fire code and as required under Part 12 of Article 33.5 of title 24,C.R.S., through an examiner who meets all requirements for certification as set forth Part 12 of Article 33.5 of title 24, C.R.S and the applicable fire code. Services hereunder shall be provided in a professional and timely manner and may include (a)performing plan reviews and technical inspections to ensure compliance with adopted fire codes through review of architectural plans and fire protection system shop drawings, (b) inspecting construction projects of varying complexity including commercial, multi-family, institutional, and industrial construction, (c) reviewing plans and specifications to verify compliance with the adopted fire codes, and(d)advising design professionals,contractors, general public, and other City staff regarding fire code requirements. The District will initiate any such inspection services when provided with a written notice by the City Fire Chief. All services shall be coordinated with and subject to review by the City Fire Chief. 3. Compensation. In exchange for inspection services and certified plans examiner services, the District shall be paid the fees specified in the fee schedule attached hereto as Exhibit A. 4. Notices. Any notice required by this Agreement shall be sent in writing by United States Mail, first class postage prepaid. All notice made to the City shall be provided to the City at the following address: City of Pueblo Fire Department Shawn Shelton, Chief 1551 Bonforte Blvd. Pueblo, CO 81001 All notices made to the District under this Agreement shall be provided to the District at the following address: Pueblo West Metropolitan District: Attention: Brian Caserta, Chief Pueblo West Fire Department PO Box 7005 Pueblo West, CO 81007 5. Assigns/Transfers. No Party shall assign or otherwise transfer this Agreement or any right or obligation hereunder without prior written consent of the other Party. 6. Personnel Control and Liability. Nothing in this Agreement shall be construed to place the personnel of either Party under the control or employment of the other Party. Each Party remains responsible for all pay, entitlement, employment decisions, and workers' compensation liabilities, for its own personnel. 7. No Third Party Beneficiaries; No Waiver of Immunities. Nothing in this Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations conferred under federal or state law, including but not limited to the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. 2 8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 9. Entire Agreement. This Agreement, together with attached Exhibit A, constitutes the entire Agreement between the Parties, and all other representations or statements made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the Parties. 10. Authorized Administrators and Necessary Authority. Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS DATED this i y-A day of h'`P .-c H , 2016. PUEBLO, A MUNICIPAL CORPORATION delliiiiiiiiiiiiiiiiiiiiiiiii"..."- dap 4,..,Air.„-- ...... 'rest•en o City Council ATTEST: NaJt Cit • lerk PUEBLO WEST METROPOLITAN DISTRICT / , i ‘<- <--t_ t By F''e51Gtc , -314_vd a 'dpir•cAtr,f3 ATTEST: / • so / 3 Secretary Reviewed Ali 1 Counsel, P - : o West Metropolitan District 4