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HomeMy WebLinkAboutC96-009 Building Inspection Services� SIS, INTERGOVERNMENTAL AGREL,,ENT � '96 9 51 - BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF GYPSUM, STATE OF COLORADO FOR BUILDING INSPECTION SERVICES S INTERGO AL AGREEMENT, made and entered into this day of 0 . 1996 by and between THE COUNTY OF EAGLE, STATE OF COLORADO, y corporate and politic, by and through its BOARD OF COUNTY COMM[SSIONERS (hereinafter the "County"), and THE TOWN OF GYPSUM; STATE OF COLORADO, a municipal corporation, by and through its BOARD OF TRUSTEES (hereinaf- ter hereinafter the "Town"). RECITALS The parties recite and declare as follows: 1. Pursuant to a series of intergovernmental agreements the County has provided building permitting and inspection services within the Town's corporate boundaries. 2. The Town now has undertaken to provide building permitting and inspection services by its own personnel and by other means. However, there are some electrical permits outstanding which were issued during the time that County was providing permitting and inspection services related to construction of electric improvements, for which Town desires County to continue to provide electrical inspection services which will allow it to arrange for such services from another source. 3. This Sixth 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: T-000 1.1 The County agrees to provide, by and through the Eagle County Building Division of the Department of Community Development, ordinary electrical building inspec- tion 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 territory of the County of Eagle, State of Colorado, specifically: a. For construction for which an electrical permit was issued and for which inspections were performed by the County on behalf of the Town prior to January 1, 1996, pursuant to a predecessor . this Agreement, County will provide ail electrical inspection services (as that term is defined in Section 1.2(b), below) until the construction is completed, the permit expires, or December 31, 1996, whichever occurs fust. b. For the purposes of this Agreement, ordinary electrical building inspection services to be provided by the County shall include and be limited to the following: (1) Perform all standard inspections, and arrange for the performance of special inspections as provided in paragraph 4 hereof. (2) Perform all electrical inspections within the Town as required by and in accordance with the Town's ordinances, codes and duly adopted regulations. (3) Schedule all inspections to be performed by the County on behalf of the Town. (4) Maintain complete and accurate records of all inspections, all stop work orders and correction notices. (5) Answer inquiries from and be readily available to provide general assistance to contractors and the general public regarding the building inspection processes. 1.2 County finther agrees to provide general consultation services for building codes updates, and review and routing procedures, if requested by Town, and to consult with and be readily available to the Town on a regular basis to discuss and coordinate the perfor- mance of this Agreement. 1.3 County shall have no responsibility whatsoever for the review, including plan checking, of applications for building or electrical permits submitted to the Town, for com- pliance with the Town's zoning and subdivision codes, ordinances and duly adopted regula- tions, egulations, nor for the enforcement of the provisions of the Town's zoning and/or subdivision codes, ordinances and duly adopted regulations. 1.4 The County shall not assume any building inspection services, duties, or functions not consistent with those customarily performed and rendered by the County for the unincorporated territories in the County. 2.1 Town shall not amend or in any way modify or extend electrical permits which are the subject of paragraph 1 hereof. County shall have no responsibility for any inspection of any work covered by a permit which is amended, modified or extended in violation of the provisions hereof. 2.2 County sha_ .rot issue permits on behalf of Town. 3.1 All inspections pursuant to this Agreement shall be scheduled by the applicant 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 electrical inspections within 48 hours from the County's receipt of an inspection request. The foregoing is not intended by the parties to mean that inspections within the Town will be given priority over inspections requested elsewhere. of 1". l_'T.T6i- 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 County shall determine whether special inspection 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, or shall notify County that it is declining such services and releasing County from further obligations with respect to the permit. 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. • V ' 41- 5.1 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 readopted effective January 4, 1994, in order that the Eagle County Building Division of the Department of Community Development not be required to administer and enforce two separate sets of regulations. 5.2 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 -3- Conference of Building C _cials, 1991 Edition, with Appendices; uie National Electrical Code of the National Fire Protection Association, 1993 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 Internation- al Conference of Building Officials. 5.3 The Town fiuther agrees to adopt new or revised editions of the above - referenced codes when notified that the County has likewise adopted a new or revised edition of the code. �� 6.1 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. 6.2 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. 6.3 The Town further agrees to provide suitable temporary 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; provided that it is intended that to the extent practicable County will perform is obligations hereunder in its offices or in the field. 7.1 For the electrical building inspection services performed by the County pursuant to paragraph 1 hereof, the Town agrees to pay the County the equivalent of seventy percent (70%) of the building permit fees, and fifty percent (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 $20.00 for a building permit, and no less than $13.00 for a plan check. The County will receive no less than $30.00 for electrical permits, as per State of Colorado requirements. 7.2 For those .special inspections and plan -checking services described in Section 4 hereinabove, the Town agrees to pay the independent service provider to perform special 13 inspections and plan -char.. .g services over and above the regular wrnpensation fees paid to the County. 7.3 Additional inspections or reinspection (such as, by way of example only, temporary electrical reinspection) 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. 7.4 For compensation purposes, the Town shall maintain accurate records identify- ing 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 collection by the Town, and shall make the same available to the County upon reasonable request. 7.5 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. 8.1 The County agrees to use its best efforts and exercise prudence and safety in the performance of its duties pursuant to this Agreement. In this respect, the County shall give prompt and due consideration to all requests of the Town regarding delivery of electrical 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 and the other demands for services on the County's Building Division. 8.2 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 the Board of County Commis- sioners of the County of Eagle, State of Colorado, shall be final and conclusive as between the respective parties hereto. 8.3 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 Development in the unincorporated areas of Eagle County. 51! 8.4 The Count, .nd the Town hereby respectively desi&,ate the following individuals to make or receive requests and to confer on matters concerning delivery of general building inspection services to the Town: K91`IJeE Keith Montag, Director Department of Community Development P.O. Box 179 Eagle, CO 81631 (303) 328-8730 Jeff Shroll, Town Manager Town of Gypsum P.O. Box 130 Gypsum, CO 81637 (303) 524-7514 8.5 The County shall have the full cooperation from the Town, its officers, agents and employees, so as to facilitate the performance of this Agreement. 9.1 All persons employed in the performance of general inspection building services for the Town pursuant to this Agreement shall be County employees or agents, and no person employed hereunder shall have any town pension, civil service 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 agent of the Town while performing such service within the Town's boundaries; V rovided. however, that such service is within the scope of this Agreement. County personnel will not be considered employees of the Town for any purposes relating to liability, indemnification, insurance or workers' compensation. 9.2 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 hereunder. 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. INI 10. Records. �! 10.1 The County shall maintain complete and accurate records of all electrical 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 convection notices issued, all certificates of occupancy or compliance approval, all correspon- dence 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 individual permit to the Town. At that time, the County will no longer maintain that file. 10.2 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. 10.3 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. 11. Legal Action. 11.1 Any legal action necessary to enforce the Town's building ordinances, codes, and duly enacted regulations, including 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. 11.2 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 received $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. MEN • , 1 12.1 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. 12.2 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. 12.3 The County shall, in good faith, comply with all appeal rulings of the Town. -7- 13. Liability. 13.1 Within the limits provided by law, the County agrees to indemnify, defend and hold harmless 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 of its agents, officers, servants and employees, whether contractual or otherwise. 13.2 Within the limits provided by law, the Town agrees 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 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. 13.3 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. 13.4 Notwithstanding anything to the contrary herein, neither party intends to or does waive its rights under the Colorado Governmental Immunity Act, which rights are hereby expressly reserved. 14.1 The term of this Agreement begins upon its complete and due execution and shall continue until December 31, 1996, at the end of which date it shall end. 14.2 It is the intent of the respective parties hereto that this Agreement shall not renew. 14.3 Town, with or without cause, may terminate this Agreement upon giving thirty (30) days prior written notice of such termination to Town; County, with or without cause, may terminate this Agreement upon giving ninety (90) days prior written notice of such termination to Town. 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. 14.4 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 IM Agreement on its part, thy. owns sole remedy is to terminate this Agreement as hereinabove provided. 15. Miscellaneous. 15.1 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. 15.2 This written Agreement embodies the whole agreement between the parties hereto, and there are no inducements, promises, terms, conditions, or obligations made or entered into by any of the parties hereto other than those contained herein. 15.3 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. 15.4 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. 15.5 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. [signature page next page] in IN WITNESS WIJEREG.. , the parties hereto have executed this Agreement the day and year first above written. ATTEST: (!C--(1, i� By: Clerk to the BoarJ of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY C01 IMSSION ERS B �C'hairrnan •�, Ah r�� �e, TOWN OF Gypsum, STATE OF COLORADO, By and Through Its BOARD OF TRUSTEES B By: 0 2c lerk to the Mayor V�' a•• Y •c ••% bobwip\gpbld%.2 1 '••• o �' �., •' �t es �. I NTY, Cd�� -10-