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HomeMy WebLinkAboutC04-269 Greater Eagle Fire Protection District7-27-G4; Q:04AI/~ Q703287~85;~ e . Ga<F-a ~R- ~ l INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE GREATER EAGLE FIRE PROTECTION DISTRICT ~ THIS INTE,~GOVERNMENTAL AGREEMENT is made and entered into as of this ~~ ~~ day oi; Ju ` 004, by the County of Eagle, a political subdivision of the State of Colorado (hereinafter referred to as the "County"} and the Greater Eagle Fire Protection District, aquasi- municipal Corporation and political subdivision of the State of Colorado (hereinafter referred to as the "District"). Collectively these entities are also referred to as the "Parties." RECITALS: WHEREAS, effective on April 21, 2003, the County adopted the Eagle County Wildfire Regulations, together with appendices and amendments thereto as set forth in County Resolution No. 2003-009; and WHEREAS, effective on January 1, 2004, the County adopted the International Building Code, 2003 Edition, together with appendices and amendments thereto as set forth in County Resolution No. 2003-165; and WHEREAS, effective on January 1, 2004, the County adopted the International Fire Code, 2003 Edition, together with appendices and amendments as set forth in County Resolution No. 2003-165; and WHEREAS, the Greater Eagle Fire Protection District administers fire protection for all the properties within its boundaries; and WHEREAS, the County has established, advertised and hired for the position of County Building Inspector, pursuant to Section 30-28-114, Colorado Revised Statutes; and WHEREAS, the Fire Chief or his designee of a Fire Protection District conducts Fire Code inspections and plan reviews; and WHEREAS, the County desires to designate the Fire Chief or his designee of the Fire Protection District the title of County Deputy Building Inspector only for the purpose set forth herein; and WHEREAS, the County has the power to issue and withhold building permits pursuant to Sections 30-28-205 and 32-1-1002(1)(d), Colorado Revised Statues; and WHEREAS, the Colorado Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, the purposes of this Intergovernmental Agreement is to provide plan review, fire code inspection and fire code enforcement as set forth herein within the Fire 7-27-G-F: 3:O-F Alvl , Protection Area which is more particularly described in the attached Exhibit "A" (hereinafter referred to as the "Fire Protection Area"). NOW, THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 97G3287'185:# 3 1. The County shall designate the Fire Chief or his designee of the Fire Protection District the title of County Deputy Building Inspector only for the purpose set forth herein. 2. The County shall provide the District all building plans for all occupancies except Group R-3 and Group U as defined by the Building Code, to be constructed or located within the Fire Protection Area. The District shall, through the Fire Chief or his designee, provide plan review comments to Eagle County within two weeks upon receipt of building plans, inspections and code enforcement as to the fire prevention and suppression portions of the plans and construction for all such occupancies. Code enforcement (beyond stop work orders) will be done jointly with the County. 3. The County may not issue a building permit for any structure unless such building plans demonstrate compliance with the County's Building Code and Fire Code and shall not issue a certificate of occupancy, whether temporary or final, for any structure, except Group R-3 and Group U occupancies, located within the Fire Protection Area until after approved final inspection and signature by the Fire Chief or his designee. 4. The County shall provide the Fire Chief or his designee all applicable land use applications within the Fire Protection Area. The District, acting through the Fire Chief or his designee shall provide application review, inspections and enforcement as to the fire prevention and suppression portions of the applications and supporting plans. Enforcement shall be done jointly with the County. 5. Within thirty (30) days of executing this Intergovernmental Agreement, the District shall submit comments on all pending applicable land use applications and pending building permit plans within the Fire Protectian Area. 6. The District shall issue permits for the installation of fire alarms and fire sprinklers for all occupancies except R-3 and Group U and collect and retain fees as stipulated in the Eagle County Building Resolution. 7. The Fire Chief or his designee shall at all times have and maintain all licenses, certificates, credentials and education as are required under the laws of the State of Colorado, the Building Code and Fire Code to perform plan review and issue building permits and certificates of occupancy, and inspect structures relative to fire safety (including fire sprinkler) and Fire Code compliance. 7-27-G4 ; a = 0-tAM , 9703287185;# 4 8. The District agrees, to the extent permitted by law, to indemnify, defend and hold harmless the County, 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 actions whatsoever, arising out of or related to the Fire Protection District's intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. Except that neither the District, its agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent act by the County during the performance of this Intergovernmental Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the District or the County under the Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. This indemnity provision specifically includes all general building inspection services performed by, or on behalf of the Fire Protection District prior to the effective date of the agreement. 9. In performing any acts or duties contained in this Intergovernmental Agreement, the Fire Chief or his designee will remain an employee of the District for all purposes, including but not limited to all employment related laws and regulations including payment of Worker's Compensation and compliance with the Federal Fair Labor Standards Act, and shall not be considered an employee of the County. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Intergovernmental Agreement shall result in, or be construed as establishing, an employment relationship. The Fire Chief or his designee shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or the District shall be, or deemed to be, the employee, agent or servant of the County. The Fire Chief or his designee shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of the County. 10. Each party to this Intergovernmental 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. 11. This Intergovernmental Agreement shall automatically be renewed on the first day of January of each year hereafter unless earlier terminated by either party, with or without cause, by giving thirty (30) days written notice to the other party. 12. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 13. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed ?-27-0-4 ; 9 : 04:~N1 to the parties as follows: The Greater Eagle Fire Protection District 0425 E. 3rd Street, Post Office Box 961 Eagle, Colorado 81631 Eagle County Chief Building Official c/o Dan Stanek 500 Broadway Post Office Box 850 Eagle, Colorado 81631 9703287185;# 5 14. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the County, the District, or any other entity not a parry hereto. 1 S. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 16. This Agreement may be amended from time to time by a written agreement duly authorized and executed by the all the Parties to this Agreement. 17. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. EXECUTED as of the date first written above. COUNTY OF EAGLE, STATE OF 04 ~,cx~ ~~ COLORADO, by and through its ~, i ~ OARD CO Y COMISSIONERS A T: ~ ~ j ~ Xom C e, Chai By: -~~ Teak J. Simonton, erk to the Boar of County Commissioners M cha .Gallagher, Com ' sinner ,Commissioner ?-27-04: 9: 04,yM , DISTRICT ATTEST: By: ~~ o 9703287~85;xt 6 GREATER EAGLE FIRE PROTECTION By:_ Titie: riRF~ Z~f~IF F~ ~c~/-~f~ ~ ~4 DM t~+~ 5T~19To~.. G \WM~IGA with Gypsum Fire District2.DOC