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Home My WebLink AboutRes 2006-45 RESOLUTION NO. 2006-45 Lige A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE OFFICE OF STATE FIRE MARSHAL WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY RELATING TO FIRE INSPECTION SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement (the "Agreement") between the Town of Fountain Hills and the Office of State Fire Marshal within the Arizona Department of Building and Fire Safety relating to the provision of fire inspection services is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,August 17, 2006. FOR THE T WN OF FOUNTAIN HILLS: ATTESTED TO: . J. N. ho1s, Mayor Bevelyn J. B der own Clerk REVIEWE APPROVED AS TO FORM: • lg,()„ Timothy G. Pickering, To anager An w J. McGuire, Town Attorney 4160 669588.1 EXHIBIT A Lo, TO RESOLUTION NO. 2006-45 [Intergovernmental Agreement] See following pages. L L 669588.1 INTERGOVERNMENTAL AGREEMENT BETWEEN OFFICE OF STATE FIRE MARSHAL WITHIN THE ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY AND Town of Fountain Hills, Arizona (TO conduct certain inspections and related activities) This AGREEMENT ("Agreement") is entered into this /7 day of , .200(D , by and between the OFFICE OF STATE FIRE MARSH L within the ARIZONA DEPARTMENT OF BUILDING AND FIRE SAFETY, known in this agreement as (AzOSFM) and the Town of Fountain Hills , an Arizona Municipal Corporation, known in this agreement as ("City"). WHEREAS A.R.S. 41-2163(A)(1) provides that the AzOSFM shall assist in the enforcement of state laws and ordinances of cities and counties relating to fire prevention and fire protection; and WHEREAS A.R.S. 41-2163(A)(2) provides that the AzOSFM shall enforce compliance with the State Fire code in state or county owned public buildings and public schools in this state; WHEREAS A.R.S. 41-2163(A)(2) or A.R.S. 41-2166(A) City has adopted fire protection and prevention laws which are equal to or exceed the requirements of the State Fire Code; WHEREAS AzOSFM and City have joint, shared powers; and WHEREAS AzOSFM would like the assistance of City in enforcing all applicable fire codes within City and WHEREAS it is the intent of City and AzOSFM to save resources and promote the public health and safety; NOW THEREFORE, the parties mutually agree as follows: 1. City will conduct regularly scheduled inspections no less than annually of all state and county owned public buildings and all public and private school buildings within its jurisdictional limits, except for private school buildings in cities with a population of 100,000 or more persons according to the last decennial census L 2. City will review plans and specifications for new construction, remodeling, alterations and additions for state, county and public school buildings and grounds within the City jurisdiction to ensure compliance with all applicable fire codes, which shall be not less restrictive than the Arizona State Fire Code. 3. All inspections and reviews of plans and specifications performed under this agreement by City personnel will be performed by persons who have received training in fire inspection procedures. Qualification of training is to show proof of training by the Arizona Office of the State Fire Marshal, or by one or more of the following: International Code Conference, International Conference of Building Officials (Western Fire Chiefs Association), Fire Protection Association or other nationally recognized code certification authority. 4. City will prepare a report of each inspection performed under Section 1 indicating the date of the inspection and any violations of the applicable fire code found. 5. City will notify Az OSFM, in writing of any violations within 60-days of the inspection by submitting a copy of the Inspection Report to AzOSFM. If AzOSFM determines that there has been a violation of the applicable fire code, AzOSFM will take such actions as it deems necessary , including a referral to the appropriate enforcement authority, to obtain compliance with the applicable fire code. 6. City will prepare a Plan Review Report for each plan or specification reviewed pursuant to Section 2. The plans and specifications shall be reviewed and approved or disapproved within 60 days of submission. 7. City will submit a copy of the Plan Review Report indicating if the plan or specification was approved or disapproved to AzOSFM within 60-days of completing the review. If the plan or specification is disapproved, the Plan Review Report will state the reason(s)why. 8. This agreement for plan review and inspection does not apply to underground fuel storage or hazardous materials storage tanks regulated by the Arizona Department of Environmental Quality, unless the City has a separate agreement with the Arizona Department of Environmental Quality. AzOFM has authority, under separate agreement with AzDEQ for plan review and inspections of underground fuel storage and hazardous materials storage tanks and associated underground systems for installation and removal of such systems. The City does have authority to issue building permits, including associated electrical and structural permits above ground relating to the underground facility. 9. Every payment obligation under the Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated or available for the continuance of this Agreement, this Agreement may be terminated by AzOSFM. No liability shall accrue to AzOSFM in the event this provision is exercised and AzOSFM shall not be liable for any damages as a result of termination under this paragraph. L I • 10. Each party to this Agreement will be responsible for funding its own •► activities. This Agreement does not change the employment status of any person performing services pursuant to this agreement. 11. The parties agree to use mandatory arbitration to the extent required by A.R.S. 12-1501 et seq., except as may be required by other laws. The parties agree to meet and attempt to resolve disputes before filing an action to enforce any provisions of this Agreement. Any action based upon this Agreement shall be filed in the Superior Court of Maricopa County. 12. The parties agree to comply with Executive Order 1999-4 and all other applicable state and federal laws prohibiting discrimination. 13. This agreement is subject to cancellation pursuant to the provisions of A.R.S. 38-511. 14. City agrees to maintain a copy of all records of inspections conducted under this agreement and to otherwise comply with the inspection, retention and audit requirements of A.R.S. 35-214 and 35-215. 15. The term of this Agreement is three (3)years from the date of execution on behalf of the AzOSFM. The agreement may be terminated by either party upon 30- days written notice to the other party. L L ARIZONA OFFICE OF STATE FIRE MARSHAL: SIGNED: (Date) This agreement between public agencies has been reviewed pursuant to A.R.S. 11-952 by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to the Office of the State Fire Marshal within the Arizona Department of Building and Fire Safety. Assistant Attorney General (Date) C—FTY OF 11 4 SIGNED: F-093 `06 (Date) L Attached is the resolution of the Gityr7D404 Governing body authorizing this transaction. oIN I, A,LQ€ w J • W.&i ec., am the attorney for eitp of fi ."1/t►-t and certify that this agreement is in proper form and within the powers of the authority granted under the laws of this state to Gill/ of 'Fp c m'4 hv..5 . SIGNED: 9'(7-O,Fj (Date) A COPY OF THIS INTERGOVERNMENTL AGREEMENT WILL BE PLACED ON FILE WITH THE SECRETARY OF STATE. Hjr:FIRE DEPARTMENTS/FOUNTAIN HILLSIGA 060506.doc //0 c vac 71-1