HomeMy WebLinkAboutC96-010 Building Inspection ServicesSIXTH INTERGOVERNMENTAL AGREEMENT 1 19 10 S1
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF EAGLE, STATE OF COLORADO
FOR
BUILDING INSPECTION SERVICES
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this q,
day of , 1996 by and between THE COUNTY OF EAGLE,
STATE OFCOLORA1bO, a body corporate and politic, by and through its BOARD OF
COUNTY COMMISSIONERS (hereinafter the "County"), and THE TOWN OF EAGLE,
STATE OF COLORADO, a municipal corporation, by and through its BOARD OF TRUST-
EES (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 Town 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:
1. Scope of Services.
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, pursuant to a predecessor of this Agreement,
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prior to January 1, 1996, County will provide all electrical inspection services until construc-
tion is completed, the original permit expires or December 31, 1996, whichever occurs first.
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 regula-
tions.
(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 further 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, 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 be required to assume any building permitting or
inspection services, duties, or functions not consistent with those customarily performed and
rendered by the County for the unincorporated territories in the County.
1.5 For County buildings within the corporate limits of the Town, County will
provide all building inspection services for work permitted or commenced on or before
December 31, 1996.
2. Application and Issuance of New Permits.
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 shall not issue permits on behalf of Town.
3. Inspections.
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 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.
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.
4.2 The 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.
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. Regulations.
The regulations applicable to the work being inspected are those regulations in effect
at the time each permit was issued.
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6. Operations. A.
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 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.
7. Compensation.
7.1 For the electrical inspection services performed by the County pursuant to
paragraph 1 hereof, the Town agrees to pay County the equivalent of seventy percent (70%)
of the electrical permit fees collected by the Town with respect to each such permit applica-
tion in accordance with the Town's ordinances, codes and regulations. The County shall
receive no less than $30.00 for an electrical permit and no less than $13.00 for a plan check.
7.2 For those special inspections services described in paragraph 4 hereof, the
Town agrees to pay the independent service provider to perform special inspections services
over and above the regular compensation fees which are paid to the County.
7.3 Additional inspections or reinspections will be compensated at the rate of
$42.50 per hour. 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.
7.6 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.
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7.7 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 building inspection services as provided herein on County and Town
buildings free of charge.
8. Rendition of Services.
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 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 perfor-
mance of such services and duties, the determination thereof made by the Board of County
Commissioners 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.
8.4 The County and the Town hereby respectively designate the following
individuals to make or receive requests and to confer on 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
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TOWN:
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William P. Powell, Town Manager
Town of Eagle
P.O. Box 609
Eagle, CO 81631
(303) 328-6354
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. Personnel.
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 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;rop vided, however, that
such service is within the scope of this Agreement.
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.
10. Records.
10.1 The County shall maintain complete and accurate records of all building
inspection services performed by it hereunder until such records are transmitted to the Town..
The County shall with all due diligence transmit to the Town a complete copy of all inspec-
tion reports, stop work orders or correction notices issued, all certificates of occupancy 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 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.
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10.3 Upon termination of this Agreement, the County shall have the right, in its A"
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.
12. Appeals.
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.
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 contractu-
al 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
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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. Effective Date: Termination.
14.1 The term of this Agreement begins upon its complete and due execution and
shall continue until December 31, 1996.
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
Agreement on its part, the Town's 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.
In
15.3 This Agreement shall be binding upon the parties hereto, their respective lw�
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year first above written.
ATTEST:
By: "
Clerk to the Board of
County Commissioners
ATTEST:
Tv
Clerk to the Board
bobwip\eagb 1d96. iga-2
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSION-
ERS
TOWN OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF TRUSTEES
By:
Mayor
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