No preview available
HomeMy WebLinkAboutC88-094 IGA with Beaver Creek Metro District - fire code/buidling inspectorINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND BEAVER CREEK METROPOLITAN DISTRICT THIS AGREEMENT is by and between the COUNTY OF EAGLE, STATE OF COLORADO, (the "County ") , and BEAVER CREEK METROPOLITAN DISTRICT, a quasi- municipal corporation of the State of Colorado (the "District "). G W I T N E S S E T H: WHEREAS, the County has adopted a building code, and the District has adopted a fire code, and the parties desire to enter into an agreement to establish a full -time temporary position, with possible extension, within the County Building Department for a Building Inspector to enforce said building code and fire code; and WHEREAS, the District and County believe that the enforcement of fire and building codes within and without the District boundaries will be greatly assisted by the addition of the Building Inspector position, and will afford the County additional plans checking fees, by being able to accommodate in- house additional plans review and building inspection services; and WHEREAS, the District agrees to advance the cost of this Building Inspector position primarily to obtain enhanced building and fire code plans checking and inspection services within the District boundaries, and also to obtain an entitlement 0 to the plans check and building inspection fees earned by the Building Inspector. NOW, THEREFORE, the County and the District, for the considerations set forth below, agree as follows: 1.1 Employment The County will hire, and thereafter, during the terms of this Agreement, employ a full time temporary Building Inspector. The duties of the Building Inspector will include, but are not limited to: inspecting buildings, performing fire code plan checking, performing fire inspections, and performing other regular building code inspections within the District. As time permits, the Building Inspector's responsibilities may include services outside the District. 1.2 Term of Employment The term of this Agreement shall commence as of the 23rd day of August, 1988, and shall continue under this Agreement until the last day of June, 1989. Unless and until a full time Building Inspector position becomes vacant within the County's normal staff compliment, at which time this Building Inspector will be considered for such vacancy. This Agreement may be extended by mutual written consent of the parties. 1.3 Compensation The cost of service rendered by this Building Inspector shall be paid by the District to the County, in the amount of $2,440 per month, payable by the District by the first day of the month for which it is being paid. The payment for August, 1988, K shall be $813, and shall be due along with the September payment, for a total of $3,253 due by September 1, 1988. 1.4 Health Insurance The County does not provide temporary employees with group health insurance benefits. The District, with others, will provide a lump sum payment to Mr. Robert Kohrmann, the proposed Building Inspector under this Agreement, to allow continuation of health insurance benefits. 1.5 Reimbursement of Fees County agrees to pay to District, or to credit against amounts due from the District to the County, all plans checking and inspection fees which the County collects and which are directly attributable to services provided by the County in the enforcement of the fire code within the District, in consideration for the District advancing the cost of the Inspector's salary. It is recognized by the parties that such plans checking and inspection fees may exceed the amounts due from the District to the County under this Agreement. 1.6 Insurance Building Inspector shall at all times be considered an employee of the County, and the County shall maintain workmen's compensation and other applicable employee insurance. Each party to this Agreement shall provide its own public liability and property damage insurance coverage, as it may deem necessary, for any potential liability arising from this Agreement or the services of the Building Inspector. 01 1.7 Indemnification The parties agree to indemnify, defend and hold harmless the other party, its respective agents, officers, servants, and employees of and from any and all loss, costs, damages, injury, liability claims, liens, demands, actions, and causes of action whatsoever arising out of or related to the individual parties' intentional or negligent acts, errors or omissions, or that of its agents, officers, servants, employees, whether contractual or otherwise. This indemnity provision specifically includes all general building inspection services performed by or on behalf of the District prior to the effective date of this Agreement. 2.1 Notice Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: DISTRICT COUNTY Beaver Creek Metropolitan c/o Eagle County Attorney P.O. Box 976 P.O. Box 850 Avon, Colorado 81620 Eagle, Colorado 81631 2.2 Modifications and Waiver No modification of this Agreement shall be valid unless such modification is in writing and signed by Eagle County and the District. No waiver of any provision of this Agreement shall be valid unless in writing and signed by the person or party against whom charged. 4 s. 2.3 Applicable Laws This Agreement shall be subject to and governed by the laws of the State of Colorado. Requirements placed on County under the applicable building code shall in all instances supersede conflicting terms of this Agreement. County retains the right to interpret such building code regulations. All appeals of actions taken by the Inspector, pursuant to the building code, shall be taken to the County, as provided for under its adopted procedures. All appeals of action taken pursuant to the District's fire code shall be taken to the District's Board of Directors, pursuant to its adopted procedures. 2.4 Invalid Provision The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provisions were omitted. 2.5 Assignment This Agreement shall be binding upon and inure to the benefit of County and the District and their respective heirs, legal representatives, executors, administrators, successors and assigns, provided, however, that neither party may assign nor delegate any of its rights or obligations hereunder without first obtaining the written consent of the other party. 5 IN WITNESS WHEREOF, the part' s have hereunto set their hands and seals the i day of , 1988. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS OI ZA��� p� P�h By George ,,PA. Gates, Chairman ATTEST: i ATTEST: BEAVER CREEK METROPOLITAN DISTRICT 2 i