Loading...
HomeMy WebLinkAbout21 - IGA with TOE for building inspection services13 31 2 o } PAS =1 It di-9 V'11 FILLIPS INTERGOVERNMENTAL AGREEMENT BETWEEN AuG 3 ! 3 '03 THE COUNTY OF EAGLE, STATE OF COLORADO' AND THE TOWN OF EAGLE, STATE OF COLORADO BUILDING INSPECTION SERVICES - EAGLE COUNTY JUSTICE CENTER AND TEMPORARY DETENTION FACILITY THIS AGREEMENT, made and entered into this ,,4& a day of , 1983, by and between the COUNTY OF EAGLE, STATE OF COLORAVO, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred tows the "County," and the TOWN OF EAGLE, STATE OF COLORADO, a Colorado municipal corporation, by and through its Board of Trustees, hereinafter referred to as the "Town." W I T N E S S E T H: WHEREAS, Section 30 -11 -104, C.R.S. 1973, as amended, requires each county, at its own expense, to provide a suitable courthouse, a sufficient jail, and other necessary county buildings; and WHEREAS, the County desires and intends to commence construction in 1983 of the Eagle County Justice Center located on approximately 10 acres in the Town of Eagle, State of Colorado, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, prior to the completion of the Eagle County Justice Center, the County desires and intends to construct and place a temporary detention facility adjacent to and west of the present Eagle County Courthouse located in the Town of Eagle, State of Colorado; and WHEREAS, the Town has enacted building regulations and has established a building department, pursuant to Section 31 -15 -601, C.R.S. ,1973, as amended; and WHEREAS, the County has enacted building regulations and has established a building department, pursuant to Section 30 -28 -201 et sec., C.R.S. 1973, as amended; and WHEREAS, due to the complexity and specialized nature of the construction of the aforementioned County Justice Center and temporary detention facility, and the need for expert and continual building inspection services associated therewith, the County desires to contract with the Town for the performance of the hereinafter described building inspection services by the County's building department; and WHEREAS, the Town is agreeable to such a contract subject to the terms and conditions hereinafter set forth; and WHEREAS, Section 29 -1 -201 et seq., C.R.S. 1973, as amended, authorizes governments to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units. -21 t 0 NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: I. PURPOSES. The purposes of this Agreement are to provide plan review, building inspections and other related services relative to the construction of the Eagle County Justice Center and the temporary County detention facility described hereinabove, in accordance with the provisions of the Town's building regulations or the County's building regulations, whichever is more stringent. II. SCOPE OF DUTIES. A. The County agrees, through the County's building department, to provide and perform all building inspection services relating to the construction of the Eagle County Justice Center and the temporary County detention facility located in the Town to the extent and manner hereinafter set forth. " B. The rendition of such building inspection services, the standards of performance, the discipline of employees, and other matters incident to the performance of such building inspection services and the control of personnel so employed, shall be within the sole discretion and-authority of the County. C. Building inspection services performed hereunder shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Town's building department under the laws of the State of Colorado and the building regulations promulgated pursuant thereto by the Town, and shall include, by way of example only, plan review, issuance of building permits (electrical, plumbing and mechanical), and building inspections. D. The County agrees that all building inspection services performed hereunder shall be in conformance and comply with the provisions of the Town's building regulations presently in force or the County's building regulations presently in force, whichever is more stringent. E. For the purpose of performing the services and functions herein described, the County shall furnish and supply all necessary labor, supervision, equipment, materials and supplies required. III. FEES. A. Neither party shall be compensated by the other respective party for the performance of the building inspection services provided herein. B. In consideration of the County's performance of the building inspection services herein described, the Town agrees to waive and not require payment by the County of all Town plan check fees, building permit fees, and other building related -2- 14 fees associated with the construction of the Eagle County Justice Center and temporary County detention facility, and customarily imposed pursuant to the Town's building regulations. IV. LIABILITIES. A. All persons employed in the performance of such building inspection services pursuant to this agreement shall be County employees, and no person employed hereunder shall have any Town pension, civil service, or any stature or right. B. 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 building inspection services hereunder. The Town shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his /her employment. C. The County agrees to indemnify, defend and hold harmless the Town, its respective agents, affiliates, officers, trustees, servants, and employees of and from any and all loss, damage, liability, claims, demands, actions and causes of action whatsoever against the Town arising out of or in any way connected with the County's performance of its responsibilities and obligations in connection with this Agreement; provided, however, that upon being notified of any such loss, damage, liability, claim, demand, action or cause of action, the Town gives written notice to the County of the same within 10 days from the date of notification to the Town, and the County is permitted at its expense to defend against the same. D. 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. V. REPORTS. The County shall provide the Town one (1) copy of all written reports, plan check reviews, inspections, and permits issued and /or prepared by the County pursuant to this Agreement. One complete set of the foregoing documents shall be retained by the County for a period of 5 years, and be made available for inspection by the Town upon reasonable advanced notice and during regular business hours. VI. TERMINATION. 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. VII. ADDITIONAL PROVISIONS. A. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be -3- C? valid unless in writing and duly executed by the party to be charged therewith. B. 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 either by the County or the Town other than those contained herein. C. 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. D. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. • ,ra �A" ` l _ E ty •le;rc o th oard 6f County Commissioners 0 COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By: — 'Ar- David E. Mott, Chairman Address: P.O. Box 850 Eagle, Colorado 81631 (303) 328 -7311 TOWN OF EAGLE, STATE OF COLORADO By and through its BOARD OF TRUSTEES By : di'�' //-� , '-'� James H. Seabry, Mayor Address: P.O. Box 609 Eagle, Colorado 81631 (303) 328 -6354 -4- C� C3 EXHIBIT "A" ��., ;�arcct Loc.lt d in "Crrlcts ��`� and 70, Section 33, Township 4 South, (mange 64 West of the Sixth fr ins, ilia L wr id ian, Eng la County, C, torado, ,acc,rd i_n:; to the Independent Qusurvey of said Townsnip and Ran;go as :approved on .tune 20, 1922; ,,1ij PNccel conwinin ; L0.120 ,acres or 453,886 ..... F _eu, more or Less, and being more pnr,_icuLarl, described as follows: li,,i nn jng at a point on the Southerly Right.oV-Yay boundary: of Interstate Highway No. 70, fr.. :<< which the Witness Corner for Corner No. 1 of said TracL 70 bears 5.00 101'54 ":J. 41.60 feet; thence along said southerly boundary the following two (2) caurons and distances: 1) X1.65 020'43 "E. 442.96 feet 2) N.60 053'22 "E. 499.91 feet thence departing said southerly boundary along the following give (5) courses and distances: 1) 5.07 055'04 "E. 152.21 feet 2) S.01 °40'40 "E. 205.09 feet 3) S.25 °12'04 "E. 132.11 feet 4) S.63 °20'48 "W. 633.48 feet 5) S.59 024'01 "W. 414.24 feet to a point on the easterly boundary of the Eagle Commercial Park; thence along said easterly boundary the tollowing two (2) courses and distances: 1) 5.89 028'06 "W. 21.55 feet 2) N.00 001'53 "E. 500.96 feet thence departing said easterly boundary S.89 058'52 "E. 21.40 feet to the Witness Corner for Corner No. 1 of said Tract 68; thence N.00 101'54 "E. 41.60 feet to the point of beginning, together with all easements and rights of way appurtenant thereto; Excepting therefrom parcel of land to be used and containing 0.395 of a feet, more or less: the following described as a public right -of -way n acre or 17215.8 square A parcel located in Tract 70, Section 33, Township 4 South, Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel being more particularly described, with all bearings contained herein based on a bearing of N.00 °33'00 "W. between the Town of Eagle Street-Monuments at Fifth and Broadway and Second and Broadway, as folLows : Cierlt's Note: This document is a, poor copy and will not photograph well. This is not the fault of this office. n4inninn at a point atom Which the AUDWS3 cornw: for Corner �0- 4 9E said Tract 70 boars N.5 005'42"W. W.52 CCCL jiSLA"; nhunc'2 N. ojom AM. 57 4.. 1 C CC L no a point on the �USW r QF Boundary 0V a parch known is the . o;A Tract; thence aLonq said Koundnuv S. 5' 30.OL EeuL to the NorLhenstcrhY COUn''r of a parcel of land recorded in Book 266 at page 466 of the Ell"Le County I D d Records; thence aLonq the NOCLheclY Boundary of sa' parcel SAYA'48"W, 573.43 feet; thence N.2603912"W. 30.00 feet to the point of beginning, heEeinaUwr referred to as "Parcel D. The property described hereinabove exceptiM, thcroCrom'parcej 0, hereinafter referred to as the "pcoperLy," contains 10.025 acres or 436,670.2 square feet, more Or less.'' Qlprk Is Note: This document is a poor copy and will not photograph well. This is not the fault of this office.