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HomeMy WebLinkAboutC10-214 IGA Building Inspection Services Town of Avon2010 INTERGOVERNMENTAL AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN THE TOWN OF AVON AND THE COUNTY OF EAGLE, COLORADO This Intergovernmental Agreement ( "Agreement ") by and between EAGLE COUNTY, a body politic and corporate of the State of Colorado ( "County ") and the TOWN OF AVON, a Colorado municipal corporation ( "Town ") (collectively the "Parties ") is made to be effective on theL0 day o , 2010. WHEREAS §29 -20 -101 et seq., C.R.S enables the Parties to enter into Intergovernmental Agreements and authorizes each of the Parties to perform the functions described herein, as provided in §29 -20 -105 CRS; and WHEREAS the Avon Town Council has determined that it is in the best interest of the Town and its inhabitants to contract with Eagle County to provide building permit and inspections services within the boundaries of the Town specified under the terms of this Agreement; and WHEREAS, Eagle County has determined that the County Building Official has the resources to provide building permit and inspection services to the Town of Avon in exchange for compensation to be provided by the Town of Avon under this Agreement, and upon the further terms and conditions contained herein; and WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to provide building inspection services for the Town of Avon and to define the manner in which each of the Parties will participate in the provision of such services. NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the parties agree to the following: A. SERVICE TO BE PROVIDED. County shall make available to the Avon Building Department personnel with the qualifications and State certifications necessary to perform building, plumbing and mechanical inspections requested by the Town. Inspectors shall be made available on those dates and at those times as are mutually agreed upon between the Town Building Official and County Building Official. -The County Inspectors providing services to the Town pursuant to this Agreement shall have all jurisdiction, authority, powers, functions, and duties of the Town Inspectors with respect to any and violations of State Law and Town Ordinances. County will administer and enforce all applicable provisions of the Building Code adopted by the Town subject to the. enforcement procedures adopted by the Town of Avon. B. COMPENSATION. The Town shall promptly reimburse the County for each inspection completed. For the purposes of this Agreement, the cost shall be a flat rate in the amount of S 100.00 per inspection. C. PERSONNEL. Every County officer and employee engaged in performing inspection services under the terms of this Agreement shall remain an officer or employee of Eagle County while performing the same and the relationship of the Eagle County Building Official to the Town of Avon under this Agreement is that of an independent contractor. In this capacity, and for the sole purpose of providing the services contracted for hereunder, the Eagle County Building Official and his employees provided under this Agreement shall be considered to be the agents of the Town of Avon. This Agreement does not change the status of any employee, contractor or officer of the Town or County. D. LIABLITY. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action 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. E. INSURANCE. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. The County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co- insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. The Parties further agree, without waiving any governmental immunity protection to which they and their officials and employees are entitled under CRS 24 -10 -101 et seq., to procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Agreement. F. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Contractor, its officials, employees, contractors, agents, or any other person acting on behalf of the Contractor and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental lmmunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. e G. TERM AND TERMINATION. This Agreement will be effective as of the effective date stated above and will terminate on December 31, 2011, and shall automatically roll over until December 31 of each succeeding year thereafter unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon thirty (30) days written notice. Not later than 60 days prior to the January 1, 2012, representatives of the parties shall meet to consider necessary or desirable changes in the terms of this agreement. H. NOTICES AND PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, payments sent by mail should be address as follows: Town of Avon Attn: Address: P.O. Box 975 One Lake Street Avon, CO 81620 Phone: Eagle County. Attn: Address: P.O. Box 850 Eagle, CO 81631 Phone: I. MODIFICATION. This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. J. NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or sub - contractor of Town or County. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. K. RECIPROCITY. When the parties mutually deem it necessary and appropriate, Town will provide to County Building Inspection Services on the same terms and conditions as set forth herein with respect to service provided by County to Town. IN WITNESS WHEREOF, Each party, by signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. EAGLE COUNTY By: All t tle] , Date: 1 to [name, 0�i TOWN O"-VON B y: G- ate: $ 110 1 1 0 Attest: Q Ronald C. Wolfe, Mayw Patty, m Clerk