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Home My WebLink AboutC08-224,7 ~ LETTER 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 THIS LETTER OF AGREEMENT is entered into this day of , 2008, between the Northwest Colorado Council of Governments (NWCCOG), PO Box 2308, Silverthorne, CO 80498 and Eagle County (Jurisdiction), PO Box 179, Eagle, CO 81631, collectively referred to as the "Parties." SECTION 1. RECITALS 1.1 Background a) 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. The Act states that: (1) All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS); (2) All conveyance contractors, mechanics and inspectors shall be licensed with OPS; (3) All conveyances shall be installed, altered, repaired, serviced, and maintained according to Colorado adopted national safety standards; and (4) A qualified local authority having jurisdiction (AHJ) may elect to enter into a Memorandum of Agreement (MOA) with OPS to regulate conveyances that are located within their jurisdiction territory. Following OPS' approval of the AHJ's conveyance standards and execution of this MOA, the AHJ will be considered an Approved AHJ. b) In 1992, Building Inspectors in Region XII approached the NWCCOG Board of Directors and requested the implementation of a regional elevator inspection program. After analyzing the need, costs and safety value of the program the NWCCOG Board decided that regional sponsorship is appropriate and the program will be a valuable service to the NWCCOG membership. c) NWCCOG has executed a MOA with OPS and is now considered an Approved AHJ. The Jurisdiction wishes to participate in NWCCOG'S Elevator Inspection Program (EIP). NWCCOG has entered into this Letter of Agreement with the Jurisdiction for the purposes of providing elevator inspection services. 1.2 Purpose This agreement is entered into by the Parties for the following purposes: a) To identify the responsibilities of each party for ensuring the safety of conveyances within the Jurisdiction through compliance with the Act and all promulgated rules and regulations; b) To formalize the cooperative working relationships between the Parties; and, c} To provide procedures for communications, exchange of information and resolution of problems as necessary to carry out the provisions of the Act and all promulgated rules and regulations. SECTION 2. RESPONSIBILITIES 2.1 NWCCOG a) NWCCOG will maintain an MOA with OPS and, thereby, be identified as an Approved AHJ. ~~ LETTER 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 THIS LETTER OF AGREEMENT is entered into this day of , 2008, between the Northwest Colorado Council of Governments (NWCCOG), PO Box 2308, Silverthorne, CO 80498 and Eagle County (Jurisdiction), PO Box 179, Eagle, CO 81631, collectively referred to as the "Parties." SECTION 1. RECITALS 1.1 Background a) 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. The Act states that: (1) All conveyances in Colorado shall be registered with the Division of Oil & Public Safety (OPS); (2) All conveyance contractors, mechanics and inspectors shall be licensed with OPS; (3) All conveyances shall be installed, altered, repaired, serviced, and maintained according to Colorado adopted national safety standards; and (4) A qualified local authority having jurisdiction (AHJ) may elect to enter into a Memorandum of Agreement (MOA) with OPS to regulate conveyances that are located within their jurisdiction territory. Following OPS' approval of the AHJ's conveyance standards and execution of this MOA, the AHJ will be considered an Approved AHJ. b) In 1992, Building Inspectors in Region XII approached the NWCCOG Board of Directors and requested the implementation of a regional elevator inspection program. After analyzing the need, costs and safety value of the program the NWCCOG Board decided that regional sponsorship is appropriate and the program will be a valuable service to the NWCCOG membership. c) NWCCOG has executed a MOA with OPS and is now considered an Approved AHJ. The Jurisdiction wishes to participate in NWCCOG'S Elevator Inspection Program (E1P). NWCCOG has entered into this Letter of Agreement with the Jurisdiction for the purposes of providing elevator inspection services. 1.2 Purpose This agreement is entered into by the Parties for the following purposes: a) To identify the responsibilities of each party for ensuring the safety of conveyances within the Jurisdiction through compliance with the Act and all promulgated rules and regulations; b) To formalize the cooperative working relationships between the Parties; and, c) To provide procedures for communications, exchange of information and resolution of problems as necessary to carry out the provisions of the Act and all promulgated rules and regulations. SECTION 2. RESPONSIBILITIES 2.1 NWCCOG a) NWCCOG will maintain an MOA with OPS and, thereby, be identified as an Approved AHJ. b) NWCCOG shall, in cooperation with the JURISDICTION and OPS, establish a schedule for the JURISDICTION to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the JURISDICTION adopt the following standards by December 31, 2010: 1) ASME A 17.1 - 2007 2) ASME A 17.3 - 2005 3) ASME A18.1- 2005 c) Pursuant to §9-5.5-112 (3)(a), C.R.S., conveyances installed prior to July 1, 2008 are exempt from compliance with ASME A17.3, although NWCCOG, in cooperation with the OPS, shall require the implementation of any portion of ASME A17.3 necessary to mitigate a material risk to public safety. d) NWCCOG shall be responsible for issuance and enforcement of a Certificate of Operation for installation, alteration, operation, and maintenance of conveyances within its territory per §9-5.5- 114, C.R.S. e) NWCCOG shall work with the Jurisdiction to review and determine the validity of all variance requests to the adopted standards in 2.1(b). fj NWCCOG shall obtain and keep current licensing from OPS for each of its Elevator Inspectors. g) NWCCOG shall be responsible for relaying all required conveyance information on an annual frequency, at a minimum, to the OPS. h) NWCCOG shall be responsible for immediately notifying OP5 of any and all accidents resulting in injury to an individual that have been reported to NWCCOG. i) Pursuant to §9-5.5-111 (2)(a), C.R.S., NWCCOG may set fees and collect or contract the collection of these fees to offset the cost of plan review or inspection of conveyances located within the Approved AHJ territory. Fee amounts will be recommended by the EIP Advisory Committee and determined by the NWCCOG Board of Directors. Conveyance owners shall be notified of any adjustment of fees a minimum of thirty (30) days prior to the effective date of the change. j) NWCCOG is responsible for all accounting aspects of the program including invoicing building owners for inspections and collections. 2.2 JURISDICTION a) The Jurisdiction shall, in cooperation with NWCCOG and OPS, establish a schedule for the Jurisdiction to adopt standards listed in §9-5.5-112 (1), C.R.S. This schedule will include the requirement that the Jurisdiction adopt the following standards by December 31, 2010: ASME A17.1- 2007 ASME A17.3 - 2005 ASME A18.1 - 2005 b) Following the initial adoption of standards described in 2.2(a), the Jurisdiction agrees to remain current in adoption of future standard versions within 90 days from the date at which the OPS adopts the standard. c) The Jurisdiction shall be responsible for immediately notifying NWCCOG of any and all accidents resulting in injury to an individual that have been reported to JURISDICTION. d} The Jurisdiction may appoint one representative to serve on the NWCCOG EIP Advisory Committee that oversees the operating rules and fee schedules for the program and makes recommendations to the NWCCOG Board of Directors. SECTION 3. TERMINATION Either party shall notify the other party in writing of their intent to terminate this Letter of Agreement. Such termination is effective 30 days following this notice. 2 SECTION 4. ADDITIONAL PROVISION 4.1 Legal Authority The parties warrant that each possesses actual, legal authority to enter into this Letter of Agreement. 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 Letter of Agreement and bind that party to its terms. The person or persons signing this Letter of Agreement, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, legal authority to execute this Letter of Agreement, and any attachments or amendments hereto, on behalf of that party. 4.2 Notice of Pending Litigation Unless otherwise provided for in this Letter of Agreement, the Jurisdiction shall notify NWCCOG 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 Letter of Agreement and which has been filed in any federal or state court or administrative agency. The Jurisdiction shall immediately deliver copies of any such documents in accordance with Section 4.3 of this Letter of Agreement. 4.3 Notice Procedure All notices required or permitted to be given pursuant to this Letter of Agreement 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 maybe designated by a notice complying with the foregoing requirements. NORTHWEST COLORADO COUNCIL OF GOVERNMENTS: Executive Director NWCCOG PO Box 2308 Silverthorne, CO 80498 970-468-0295 JURISDICTION: Building Official Eagle County PO Box 179 Eagle, CO 81631 970-328-8600 4.4 Entire Understanding This Letter of Agreement 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. 4.5 Independent Contractor Neither NWCCOG nor any agent or employee of NWCCOG shall be or shall be deemed to be an agent or employee of the Jurisdiction. 4.6 Indemnification To the extent permitted by law, JURISDICTION shall indemnify, save, and hold harmless NWCCOG, its employees and agents, against any and all claims, damages, liability and court awards including costs, 3 ,. expenses, and attorney fees and related costs, incurred as a result of any act or omission by JURISDICTION, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Letter of Agreement. 4.7 Governmental Immunity Act No term or condition of this Letter of Agreement 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. NWCCOG: Gary Severson Executive Director NWCCOG Name: ~'~,.7-.~~ }.. (~'x Position: ~ /~ ~ u ~~- Jurisdiction~agle Countyy 1t1 m ~ S S; o ~-iC. Date: Date: ~ o~Q4,3 i 4 JURISDICTION: :V~ A\ ,•'`~. n\ ,$~~ ,tam V<~~\\~~ ~~~~®~~ s':Y~ ~a°~~ ~ • \~~ £ .. ,, ,, COUNCIL O€. ~OV~;RNMENT,~~\~..<.` .A...~.........~<® A :.. a..•m~....W..~,~ . ,. .~ ... .. ~.. .~....., .s~.~~ ~~~• - ~~~~~~ \\~~~ ~~~ P.O. Box 2308 • 249 Warren Ave. •Silverthorne, CO 80498 • 970-468-0295 • FAx: 970-468-1208 • www.nwc.cog.co.us • ~~ July 10, 2008 Dan Stanek n1E>v-BeR :Building Official JURISDICTIONS ° Eagle County Ciry of Glenwood ~ PO BOX 179 springs Eagle, CO 81631 Ciry of Steamboat 1 Dear Mr. Stanek: Springs Town of Carbondale ~ As you know, in 2007 SB 07-123 The Elevator and Escalator Act ("the Act") was passed creating a State conveyance program. In 2008, SB 08-224 "Concerning Measures to Ease the Regulatory EAGLE COUNTY ;Burden of Compliance with the Elevator and Escalator Certification Act" was passed to assist with Avon = ~ the implementation of the Act. Basalt Eagle Gypsum ~ The Northwest Colorado Council of Governments (NWCCOG) has operated its Elevator Inspection Minturn ,Program (EIP) since 1992 and will continue to do so. However, NWCCOG does need to update its Red Cliff Letters of Agreement with each participating jurisdiction to come into compliance with the Act. vau As a service to our member jurisdictions, NWCCOG has entered into a Memorandum of Agreement GRAND COUNTY ~ (MOA) with the Division of Oil and Public Safety (OPS), the division enforcing the Act, and has Fraser ;been identified as an Approved Authority Having Jurisdiction. Therefore, any jurisdiction Granby ;participating in NWCCOG's EIP is excused from entering into its own MOA with OPS. However, Grand Lake NWCCOG does need to update the Letters of Agreement with its participating jurisdictions to Hot Sulphur Springs ;reflect the new requirements of the Act. Kremmling Winter Park Attached are two copies of the updated Letter of Agreement between your jurisdiction and JACKSON CoaNTY - NWCCOG for the Elevator Inspection Program. Please have the appropriate person in your Walden ~ organization sign both copies of the agreement and mail them to NWCCOG, PO Box 2308, PITKIN COUNTY ,Silverthorne, CO 80498 by August 1, 2008. Aspen If you have questions regarding the Letter of Agreement or the new laws resulting from this SuMMrr CouNrY legislation, please contact me at 970-468-0295 ext. 123 or Gene Morse at 970-468-0295 ext. 108. Breckenridge Dillon ;Sincerely, Frisco Montezuma ~ ~,,(~ „ . n Silverthorne V ~ ~KaLiIJQ-Ir~_ Liz Mullen \ Assistant Executive Director Enclosures