HomeMy WebLinkAboutC93-003 Second IGA with town of Red Cliff for Building Inspection Servicesi I93 -03 -29
SECOND INTERGOVERNMENTAL AGREEMENT
BETWEEN -_
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF RED CLIFF, STATE OF COLORADO
FOR
BUILDING INSPECTION SERVICES
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this
4th day of January, 1993 , by and between THE
COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic,
by and through its BOARD OF COUNTY COMMISSIONERS (hereinafter the
"County "), and THE TOWN OF RED CLIFF, STATE OF COLORADO, a
municipal corporation, by and through its BOARD OF TRUSTEES
(hereinafter the "Town ").
RECITALS
The parties recite and declare as follows:
1. By Intergovernmental Agreement dated August 18, 1986 ,
The Town and the County contracted for the County's performance
of building inspection services within the Town's corporate
boundaries.
2. The Town and the County now desire to make certain
amendments to that Agreement, and intend to restate that Agree-
ment as amended by the provisions set forth herein.
3. This Second Intergovernmental Agreement is authorized
pursuant to Section 18, Article XIV of the Colorado Constitution,
and C.R.S. 29 -1 -203.
NOW, THEREFORE, in consideration of the mutual covenants and
promises of the parties hereto, the County and the Town agree as
follows:
1. Scope of Services
1.1 The County agrees to provide, by and through the Eagle
County Building Division of the Department of Community Develop -
ment, ordinary and general building inspection services within
the corporate limits of the Town, consistent with the level of
service and standard of performance customarily provided by the
Eagle County Building Division within the unincorporated terri-
tory of the County of Eagle, State of Colorado. For the purposes
of this Agreement, ordinary and general building inspection
services to be provided by the County shall include, by way of
example only, the following:
a. Review all new applications for building or
construction permits submitted to the Town for compliance with
the Town's building, mechanical, plumbing and electrical
ordinances, codes and regulations.
b. Perform all plan checks as may be required in the
review of new applications for building or construction permits.
C. Perform all building, mechanical, plumbing and
electrical inspections within the Town as required by and in
accordance with the Town's ordinances, codes and duly adopted
regulations.
d. Schedule all inspections to be performed by the
County on behalf of the Town.
e. Undertake those building, mechanical, plumbing and
electrical inspections remaining to be conducted on buildings
permitted by the Town and/or under construction as of the effec-
tive date of this Agreement.
f. Maintain complete and accurate records of all
permit applications, all permits issued, all inspections, all
stop work orders and correction notices, and all certificates of
occupancy or compliance issued.
9. If requested by the'Town, provide general consul-
tation services for building codes updates, and review and
routing procedures.
h. Answer inquiries from and be readily available to
provide general assistance to contractors and the general public
regarding the building permitting processes.
i. Consult with and be readily available to the Town
on a regular basis to discuss and coordinate the performance of
this Agreement.
1.2 The County shall have no responsibility whatsoever for
the review, including plan checking, of applications for building
or construction permits submitted to the Town, for compliance
with the Town's zoning and subdivision codes, ordinances and duly
adopted regulations, nor for the enforcement of the provisions of
the Town's zoning and/or subdivision codes, ordinances and duly
adopted regulations.
1.3 The County shall not be required to assume any other
building inspection services, duties, or functions not consistent
with those customarily performed and rendered by the County.
2. Application
2.1 All applications for new Town building permits and the
payment of all applicable permit and plan check fees shall be
processed by and through the Town at the Town offices. All
applicants for new building permits shall be required to provide,
at a minimum, three sets of building plans for use by the County
in carrying out its duties under this Agreement, in addition to
any copies of plans which the Town requires for its needs.
2.2 Upon receipt of a new building permit application and
the appropriate fees, the Town shall forward three sets of the
building plans to the County for its review and plan check in
accordance with the provisions of this Agreement.
2.3 Subsequent to the County's
plans, the Town shall either approve
permit application and, if approved,
permits as authorized by the Town's
regulations.
3. Inspections.
review of the building
or deny the new building
shall issue the requisite
ordinances, codes and
3.1 All inspections pursuant to this Agreement shall be
scheduled by and through the Eagle County Building Division of
the Department of Community Development, at the County offices,
(303) 328-8730.
3.2 The County agrees to use its best efforts to perform
all building, mechanical and plumbing inspections within 24 hours
from the County's receipt of an inspection request. Further, the
County agrees to use its best efforts to perform all electrical
inspections within 48 hours from the County's receipt of an
inspection request.
4. Special Inspections.
4.1 The parties hereto acknowledge there may be certain
instances which, because of the complexity and nature of the
proposed building construction, will require the County to retain
the services of independent service providers to perform special
inspections and plan checking.
4.2 In reviewing a building or construction permit applica-
tion, the County shall determine whether special inspection
and/or plan-checking services are warranted by utilizing the
standards set forth in the uniform codes adopted by the Town. If
such special services are deemed necessary, the County shall
notify the Town of the same. The Town shall thereupon notify the
applicant of the County's determination and shall collect the
appropriate fees to cover the additional costs.
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4.3 The County shall have the sole authority to retain such
independent service providers as it deems qualified for the
performance of the necessary special services.
5. Uncompleted Buildings.
The parties acknowledge that when the County began providing
building inspection services within the corporate boundaries of
the Town under the prior Agreement, there existed certain build-
ings already constructed, or which were presently under construc-
tion, for which the County assumed the responsibility for issuing
certificates of occupancy or compliance. For the purposes of
this Second Agreement, there are no "uncompleted buildings," the
County now being fully involved with the permitting process for
new construction.
6. Re-gulations.
6.1 The Town agrees to maintain its building ordinances,
codes and duly adopted regulations as nearly uniform as possible
with the Building Resolution of the County of Eagle, State of
Colorado, as amended and adopted June 23, 1992, in order that the
Eagle County Building Division of the Department of Community
Development not be required to administer and enforce two sepa-
rate sets of regulations.
6.2 The Town specifically agrees to adopt at the earliest
possible date, if it has not previously adopted, the Uniform
Building Code of the International Conference of Building
Officials, 1991 Edition, with Appendices; the Uniform Mechanical
Code of the International Conference of Building Officials, 1991
Edition, with Appendices; the National Electrical Code of the
National Fire Protection Association, 1990 Edition, with
Appendices; and the Uniform Plumbing Code of the International
Association of Plumbing and Mechanical Officials, 1991 Edition;
the Uniform Swimming Pool, Spa, and Hot Tub Code; the Uniform
Solar Energy Code of the International Association of Plumbing
and Mechanical Officials, 1991 Edition; and the Uniform Code for
Abatement of Dangerous Building of the International Conference
of Building Officials.
6.3 The Town further agrees to adopt new or revised edi-
tions of the above-referenced codes when notified that the County
has likewise adopted a new or revised edition of the code.
7. Operations.
7.1 Except as otherwise provided for hereinbelow, the
County shall furnish and supply all necessary labor, supervision,
equipment, office space, motor vehicles, and operating and office
supplies necessary to perform and maintain the level of service
to be rendered hereunder.
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7.2 Notwithstanding anything hereinbefore contained, it is
agreed that in all instances where special supplies, stationery,
notices, forms, and the like must be issued in the name of the
Town, the same shall be supplied by the Town at its own cost and
expense.
7.3 The Town further agrees to provide suitable working
space and adequate operating and office supplies within the Town
office for the County, if deemed necessary by the County to
adequately perform its duties hereunder.
8. Compensation.
For those general building inspection services per-
formed by the County on building permit applications and permits
for new buildings, the Town agrees to pay the County the equiva-
lent of seventy percent (70%) of the building permit fees, and
one half (50%) of the plan check fees collected by the Town for
each respective building hereunder in accordance with the Town's
ordinances, codes and regulations. The County shall receive no
less than $42.50 for a building permit, and no less than $42.50
for a plan check.
For additional permits associated with building permits (i.e.
plumbing, mechanical, electrical, fire sprinklers, etc.) the
County will receive no less than 42.50 per permit.
Exceptions: 1.) Replacement of Hotwater Heater, Boiler, Fur-
naces and roof replacement. The County shall
receive no less than $27.00 per permit.
2.)Factory Built, Manufactured Housing/Mobile Home
Base Fee Cost: Single Wide Unit - 2 field inspec-
tions and 1 hour plan checking/office time
$127.50, Double Wide Unit - 3 field inspections
and 2 hour plan checking/office time $212.50.
Note: These fees include plumbing and mechanical
inspections without separate permitting; All
additional inspections will be $42.50 each. Exam-
ples: Footing, Foundation other than Block/Pads
reinspections and any and all inspections
performed on a basement.
8.2 For those special inspections and plan-checking ser-
vices described in Section 4 hereinabove, the Town agrees to pay
the independent service provider to perform special inspections
and plan-checking services over and above the regular compensa-
tion fees paid to the County.
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8.3 Additional inspections or reinspections (such as, by
way of example only, inspections for wood stove, water heaters,
investigations, temporary electrical reinspections) will be
compensated at the rate of $42.50 per hour. Additional plan
checks required by revisions or additions to previously approved
plans will be compensated at the rate of $42.50 per hour. In
these instances, said fees shall be collected by the Town, and
shall be charged by the County in its regular monthly billings to
the Town.
8.4 For compensation purposes, the Town shall maintain
accurate records identifying the location and type of buildings
to be constructed, the nature and amount of fees collected by the
Town, the types of permits requested and the date of fee collec-
tion by the Town, and shall make the same available to the County
upon reasonable request.
8.5 The Town shall pay the County on or before the 15th day
of each respective month the County's proportionate share of the
plan check and building permit fees collected by the Town during
the previous calendar month.
8.6 Financial obligations of the County and the Town,
respectively, payable under the provisions of this Agreement
after the current fiscal year, are contingent upon funds being
appropriated, budgeted and otherwise made available.
8..7 The Town and County agree to waive all general building
permit and plan check fees for permits applied for and issued to
the County or the Town, respectively. The County shall provide
such inspection services free of charge.
9. Rendition of Services.
9.1 The County agrees to use its best efforts in the
performance of its duties pursuant to this Agreement, and to
exercise the maximum amount of prudence and safety. In this
respect, the County shall give prompt and due consideration to
all requests of the Town regarding delivery of general building
inspection services. The County shall make every effort to
comply with these requests if deemed consistent with generally
accepted building inspection and enforcement practices.
9.2 ' The rendition of the services contracted for hereunder,
the standards of performance, the discipline of County personnel
and other matters incident to the performance of such services
and the control of County personnel so employed, shall remain in
the County. In the event of a dispute between the respective
parties hereto as to the extent of the services and duties to be
rendered hereunder, or the minimum level or manner of performance
of such services and duties, the determination thereof made by
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the Board of County Commissioners of the County of Eagle, State
of Colorado, shall be final and conclusive as between the respec-
tive parties hereto.
9.3 Notwithstanding the foregoing provision, the level of
service and standard of performance required of the County under
this Agreement shall, at a minimum, be consistent with that level
of service and standard of performance provided by the Eagle
County Building Division of the Department of Community Develop-
ment in the unincorporated areas of Eagle County.
9.4 The County and the Town hereby respectively designate
the following individuals to make or receive requests and to
confer matters concerning delivery of general building inspection
services to the Town:
COUNTY:
Keith Montag, Director
Department of Community Development
P.O. Box 179
Eagle, CO 81631
(303) 328-8730
TOWN:
Cal Thomas, Town Manager
Town of Red Cliff
P.O. Box 109
Red Cliff, CO 81649
9.5 The County shall have the full cooperation from the
Town, its officers, agents and employees, so as to facilitate the
performance of this Agreement.
10. Personnel.
10.1 All persons employed in the performance of general
inspection building services for the Town pursuant to this
Agreement shall be County employees, and no person employed
hereunder shall have any town pension, civil service or any
status or right. Notwithstanding the foregoing, and for the sole
purpose of giving official status to the performance of the
services to be rendered hereunder, every County officer and
employee engaged in performing any such services shall be deemed
to be an officer or employee of the Town while performing such
service within the Town's boundaries; provided, however, that
such service is within the scope of this Agreement.
10.2 The Town shall not be called upon to assume any
liability for the direct payment of any salaries, wages or other
compensation to any County personnel performing services here-
under. Except as herein otherwise specified, the Town shall not
be liable for compensation or indemnity to any County employee
for injury or sickness arising out of his/her employment.
11. Records.
11.1 The County shall maintain complete and accurate
records of all general building inspection services performed by
it hereunder. The County shall with all due diligence transmit
to the Town a complete copy of all inspection reports, stop work
orders or correction notices issued, all certificates of occu-
pancy or compliance approval, all correspondence or notes, and
any other documentation prepared or received by the County in the
scope of its performance of the services to be provided
hereunder. At the time of final occupancy approval, the County
will forward all corresponding records pertaining to the indi-
vidual permit to the Town. At that time, the County will no
longer maintain that file.
11.2 The Town shall have the right to inspect the County's
records relating to the County's performance of the services
hereunder upon reasonable written request and during normal
business hours.
11.3 Upon termination of this Agreement, the County shall
have the right, in its sole discretion, to retain the original
records made by the County in accordance with this Agreement for
a period not to exceed five (5) years; Provided, however, the
County has transmitted to the Town a full, complete and certified
copy of such original records.
12. Legal Action.
12.1 Any legal action necessary to enforce the Town's
building ordinances, codes, and duly enacted regulations, includ-
ing the sending of any notices of violation, shall be the sole
responsibility of the Town, and the County is not contracting for
the provision of any legal services.
12,2 The County shall make its building officials available
as required to testify or assist the Town's attorney in preparing
for any enforcement action. The County shall receive $42.50 per
hour for each hour any employee of the County is engaged in
testimony, waiting to testify, or assisting the Town's attorney
in preparation for trial of any action to enforce the Town's
building ordinances, codes or duly enacted regulations.
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13. Appeals
13.1 Any and all appeals from a decision of the County made
in the scope of this Agreement shall be pursued through the Town,
in accordance with the Town's procedures.
13.2 In the event the Town rules adverse to the County's
decision, such ruling shall be deemed an action of the Town and
the Town shall be solely responsible therefor.
13.3 The County shall, in good faith, comply with all
appeal rulings of the Town.
14. Liability.
14.1 The County agrees to indemnify, defend and hold harm-
less the Town, its respective agents, officers, servants, and
employees of and from any and all loss, costs, damage, injury,
liability, claims, 'liens, demands, actions and causes of action
whatsoever, arising out of or related to the County's intentional
or negligent acts, errors or omissions or that at of its agents,
officers, servants and employees, whether contractual or other-
wise.
14.2 The Town agrees to indemnify, defend and hold harmless
the County, its respective agents, officers, servants, and
employees, employees of and from any and all loss, costs, damage,
injury, liability, claims liens, demands, actions and causes of
action whatsoever, arising out of or related to the Town's
intentional or negligent acts, errors or omissions, or that of
its agents, officers, servants and employees, whether contractual
or otherwise. This indemnity provision specifically includes all
general building inspection services performed by or on behalf of
the Town prior to the effective date of this Agreement.
14.3 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.
15. Effective Date; Termination.
15.1 The initial term of this Agreement begins January 4,
1993 and shall continue until December 31, 1993
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15.2 It is the intent of the respective parties hereto that
this Agreement shall renew automatically for additional twelve-
month periods, not to exceed four such extensions, terminating
December 31, 1997. After the initial period, this Agreement
shall run from January 1 through December 31 of each respective
year. Should either party desire to terminate this Agreement or
to renegotiate the terms, said party shall give notice to the
other party of its desire at least ninety (90) days prior to the
end of the initial period.
15.3 Notwithstanding the foregoing provisions, either
party, with or without cause, may terminate this Agreement upon
giving ninety (90) days' prior written notice of such termination
to the other party. Notice shall be deemed to have been given
upon the mailing of said notice by United Stated certified,
first-class mail, postage prepaid, and addressed to the parties
at their respective addresses as shall appear herein, or upon a
change of address pursuant to this notice provision.
15.4 In the event the Town is dissatisfied with the
County's performance of its duties pursuant to this Agreement,
and such dissatisfaction cannot be resolved between the County
and the Town; and/or if the County breaches any of the terms and
conditions of this Agreement on its part, the Town's sole remedy
is to terminate this Agreement as hereinabove provided.
16. Miscellaneous.
16.1 No modification or waiver•of this Agreement or of any
covenant, condition or provision herein contained shall be valid
unless in writing and duly executed by all of the parties hereto.
16.2 This written Agreement embodies the whole agreement
between the parties hereto, and there are no inducements, promis-
es, terms, conditions, or obligations made or entered into by any
of the parties hereto other than those contained herein.
16.3 This Agreement shall be binding upon the parties
hereto, their respective successors or assigns, and may not be
assigned by anyone without the prior written consent of the
respective parties hereto.
16.4 All agreements and covenants herein are severable, and
in the event that any of them shall be held invalid by a court of
competent jurisdiction, this Agreement shall be interpreted as if
such invalid agreement or covenant were not contained herein.
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16.5 The Town has represented to the County and the County
has represented to the Town that each possesses the legal ability
to enter into this Agreement. In the event a court of competent
jurisdiction determines that either of the parties hereto did not
possess the legal ability to enter into this Agreement, this
Agreement shall be considered null and void as of the date of
such court determination.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
COUNTY OF EAGLE, STATE OF
CO AD By and Through Its
ATTEST tell RD OFYOUNTY COMMISSIONERS
.A
By: C a Q4 vvu.. 0- By
Clerk to the Board Mayor AV 5r
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