HomeMy WebLinkAboutC84-012 IGA_Town of Eagle_building inspection servicesio .
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF EAGLE, STATE OF COLORADO
BUILDING INSPECTION SERVICES
THIS INTERqOVERNMENTAL AGREEMENT, made and entered into
this �� day of , 1984, by and between the
COUNTY OF EAGLE STATE OF COLORADO a bod
y 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
TRUSTEES (hereinafter the "Town").
RECITALS
The parties recite and declare as follows:
1. The Town is desirous of contracting with the County
for the performance of the hereinafter described building
inspection services by the County within the Town's corporate
boundaries.
2. The County is willing to provide such building
inspection services on a contractual basis to the Town through
the Eagle County Building Department.
3. This Intergovernmental Agreement is authorized
pursuant to the authority granted the County and the Town under
Section 18, Article XIV of the Colorado Constitution, and
Section 29-1-202, et seq., C.R.S.
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 Department, ordinary and general building
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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 Department
within the unincorporated territory of the County of Eagle,
State of Colorado. For 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 previously permitted by the Town and/or under
construction as of the effective date of this Agreement.
f. Maintain complete and accurate records of all
permit applications, all permits issued, all inspections
conducted, the findings of such inspections, all stop work
orders and correction notices, and all certificates of
occupancy or compliance issued.
g. If requested by the Town, provide general
consultation 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.
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1.2 The County shall have no responsibility whatsoever
for the review, including plan checking, of all 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
Eagle County Building Department within the unincorporated
territory of the County of Eagle, State of Colorado.
2. Application and Issuance of New Building Permits.
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 review of the building
plans, the Town shall either approve or deny the new building
permit application and, if approved, shall issue the requisite
permits as authorized by the Town's ordinances, codes and
regulations.
3. Inspections.
3.1 All inspections pursuant to this Agreement shall
be scheduled by and through the Eagle County Building Department
at the County offices.
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.
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Further, the County agrees to use its best efforts to perform
all electrical inspections wthin 48 hour_s from the County's
receipt of an inspection request.
4. Special Inspections.
4.1 The parties hereto acknowledge there may certain
instances, which because of the complexity and nature of the
proposed building construction, the County will be required to
retain the services of independent experts to perform special
inspections and plan checking.
4.2 In reviewing a building or construction permit
application, 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.
4.3 The County shall have the sole authority to retain
such experts as its deems qualified for the performance of the
necessary special services.
5. Uncompleted Buildings.
5.1 The parties hereto acknowledge there exists within
the Town's boundaries certain buildings already constructed
which have not received certificates of occupancy or compliance
as required by the Town or which have been issued certain
requisite permits by the Town and are presently under
construction as of the date of this Agreement. For purposes of
this Agreement, such buildings shall be referred to as
"uncompleted buildings".
5.2 For those uncompleted buildings the Town desires
the County to assume and complete the remaining inspections and
issuance of certificates of occupancy or compliance, the Town
shall provide the County, prior to the commencement of any work
on the part of the County, at least one complete and full set of
the building plans, working drawings, and building permit -file
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including, but not limited to, all permits issued, all reports
of inspections previously conducted, and all correspondence and
notes relating thereto.
5.3 The County agrees to undertake and provide general
building inspection services as requested by the Town on
uncompleted buildings in order to finalize the building
permitting process and the issuance of certificates of occupancy
or compliance; provided, however, it is expressly understood,
acknowledged and agreed upon by the Town that the County shall
assume no responsibility nor liability whatsoever for any and
all inspections conducted and/or -other actions taken by the
Town, its officers, employees, agents or independent contractors
with respect to the construction of the uncompleted building
prior to the County's involvement contemplated herein and,
further, that the County be authorized to rely on, without
further inquiry or investigation on the part of the County, the
truth and validity of all previous statements made on behalf of
the Town in conjunction with the issuance of any building,
mechanical, plumbing or electrical permits, or any inspections
conducted pursuant thereto.
6. Regulations.
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, 1973, as amended, in order that the County's
Building Department not be required to administer and enforce
two separate 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, 1982 Edition with Appendices; the Uniform
Mechanical Code of the International Conference of Building
Officials, 1982 Edition with Appendices; the National Electrical
Code of the National Fire Protection Association, 1981 Edition,
with Appendices; and the Uniform Plumbing Code of the
International Association of Plumbing and Mechanical Officials,
1982 Edition.
6.3 The Town further agrees to adopt new or revised
editions of the above -referenced codes when notified the County
has likewise adopted a new or revised edition of that code.
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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.
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 offices for the County if deemed necessary by the
County to adequately perform its duties hereunder.
8. Compensation.
8.1 For those general building inspection services
performed by the County on building permit applications and
permits for new buildings, the Town agrees to pay the County the
equivalent of one-half of the building permit fees and plan
check fees collected by the Town for each respective building
hereunder in accordance with the Town's ordinances, codes and
regulations.
8.2 For those special inspection and plan checking
services described in Section 4 hereinabove, the Town agrees to
pay the County the equivalent of the total plan check fee
collected by the Town in the case special plan checking services
are retained, and the proportionate share of the building permit
fee collected by the Town directly related to the retention of
special inspection services.
8.3 For compensation purposes, the Town shall maintain
accurate records identifying the location and type of building
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.
8.4 For those general building inspection services
performed by the County on uncompleted buildings, the Town
agrees to pay the County the sum of $15.00 per inspection for
each inspection of up to one hour in length and additionally at
the rate of $15.00 per hour for any inspection lasting more than.
one hour in length. The County shall maintain records of the
date, inspector assigned, and length of time over one hour of
any inspection conducted on an uncompleted building in the Town.
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 With respect to general building inspection
services performed by the County on uncompleted buildings, the
County shall bill the Town within five (5) days after the close
of each calendar month for services performed during the
previous calendar month. The Town shall pay the County's total
amount due with respect to uncompleted buildings on or before
the 15th day of each respective month for the services provided
the previous calendar month.
8.7 Financial obligations of the County and the Town,
respectively, payable after the current fiscal year are
contingent upon funds for the purposes set forth in this
Agreement being appropriated, budgeted and otherwise made
available.
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
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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 Commissioners
of the County of Eagle, State of Colorado, shall be final and
conclusive as between the respective 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 Department in the unincorporated areas
of the County of Eagle, State of Colorado.
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:
Susan Vaughn, Director of the Eagle
County Department of Community
Development
P.O. Box 179
Eagle, Colorado 81631
(303) 328-7311 (Ext. 226)
Gerry Best, Eagle County Building
Official
P.O. Box 850
Eagle, Colorado 81631
(303) 328-7311 (Ext. 231)
TOWN:
William P. Powell, Eagle Town
Manager
P.O. Box 609
Eagle, Colorado 81631
(303) 328-6354
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.
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10. Personnel.
10.1 All persons employed in the performance of
general inspection building services for the Town pursuant to
this Agreement for the Town 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
service 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
liablity 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.
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
occupancy or compliance issued, 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.
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.
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12. Legal Action.
12.1 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.
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 $15.00 per hour for each hour any employee of the County
is engaged in testimony, waiting to testify, or assisting the
Town's attorney in preparartion for trial of any action to
enforce the Town's building ordinances, codes or duly enacted
regulations.
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
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.
14.2 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
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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. Termination.
15.1 Unless sooner terminated as provided for herein,
this Agreement shall be effective /-at , 1984, and
shall terminate 21 , 1— 985�. Notwithstanding the�e��
foregoing provisions, either party, with or without cause, may
terminate this Agreement upon the giving of ninety (90) days'
prior written notice of such termination to the other respective
party. Notice shall be deemed to have been given upon the
mailing of said notice by United States 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. It is the intent of
the respective parties hereto that this Agreement shall be
renewed for additional periods following the end of the initial
period, and unless one of the parties gives notice to the other
party at least ninety (90) days prior to the end of the initial
period that such party desires to terminate this Agreement or to
renegotiate the terms, this Agreement shall be automatically
extended for additional periods of twelve (12) months, each not
to exceed a total of four such extensions. After the initial
period, this Agreement shall run from January 1 to December 31
of each respective year.
15.2 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 herein provided.
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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
respective parties hereto.
16.2 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 that
contained herein.
16.3 This Agreement shall be binding upon the
respective parties hereto, their 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.
16.5 The Town has represented to the County and,
likewise, the County has represented to the Town, that it
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 COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
ay
Wlert wfthe oard o
y Commissioners
By: W . 14tr ::�
W. Keith Troxel, Chai main
Address:
P.O. Box 850
Eagle, Colorado 81631
(303) 328-7311
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ATTEST:
_ -- C,.le:rk` of the Board
of =Trustees
TOWN OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF TRUSTEES
By:..A��%�
awes Seabry, Mayor
Address:
P.O. Box 609
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