07-06-2010 IGA Building Inspection Services Between TOA & Eagle CountyMemo
To: Honorable Mayor and Town Council Initials
Thru: Larry Brooks, Town Manager
From: Sally Vecchio, Dir. Ass't Town Manager /Comm. Dev.
Date: August 5, 2010
Re: Intergovernmental Agreement For Building Inspection Services between the
Eagle County and the Town of Avon.
Summary
The proposed Intergovernmental Agreement (IGA) for building inspection services between the
County and the Town, has been revised pursuant to a request by Council to include a
reciprocity clause that allows the Town to provide the same services to the County as
requested. A copy of the IGA is attached hereto.
Background
The IGA provides that the County will make available to the Town, building inspection services
as requested by the Town Building Official from time to time. The Town will compensate the
County for each inspection completed at a flat rate in the amount of $75 per inspection. The
IGA will be effective from the date the Agreement is fully executed and will terminate on
December 31, 2011. Either party may terminate the Agreement without cause upon 30 days
written notice. A reciprocity clause was added which provides that the Town will provide
building inspections services to the County under the same terms and conditions provided by
the County to the Town.
The Town expects to utilize this service when the Town Building Official is unavailable or out of
the office for extended periods of time. Having this IGA with the County is especially important
in maintaining continuity of service now that the Town employs only one full -time building
inspector.
Recommendation
Staff recommends approval of the 2010 Intergovernmental Agreement for Building Inspection
Services between the Town of Avon and County of Eagle, Colorado.
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2010 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
Colo o corporation ( "Town ") (collectively the "Parties ") is made to be effective on
the ( day odull 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, or agents, or any other
person acting on behalf of the Contractor and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of
the Colorado Revised Statutes.
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 Eagle County.
Attn: Attn:
Address: P.O. Box 975 Address: P.O. Box 850
One Lake Street Eagle, CO 81631
Avon, CO 81620
Phone: 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
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By: Dater lu Attes
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m-i- I -�' Ronald Wolfe, •�
Attest:
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