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HomeMy WebLinkAbout830626.tiff RESOLUTION RE: APPROVAL OF AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS FOR THE TOWN OF GROVER BY WELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Town of Grover does not wish to provide its own electrical inspections and desires to use the services of the Weld County Building Inspections Department, and WHEREAS, an agreement for Weld County, Colorado to provide electrical inspections for the Town of Grover has been presented to the Board of County Commissioners for their approval, and WHEREAS, after review and study of the agreement, the Board of County Commissioners deems it advisable to approve said agree- ment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement to provide electrical inspections for the Town of Grover by Weld County, Colorado be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of February, A.D. , 1983 . ...,. BOARD OF COUNTY COMMISSIONERS ATTEST: /' L ,', „ , is J. .) WELD COUNTY, C RADO Weld County Clerk and Recorder an Rlerk to the Board C uck Carlson, Chairman ()Deputy County-Clerk J . Martin, Pro-Tem APPROV D AS TO FORM: / 6131 ene R. Brantner County Attorney Borman Carlson a.que 'ne 'o nson DAY FILE: February 23 , 1983 PLOOb3 830626 AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS THIS AGREEMENT made this '7 day of die_61iAc�, , 19sf, by and between the TOWN OF kanau A , h reinafter referred to as the "Town" and the COUNTY OF WELD, a political subdivision of the State of Colorado, hereinafter referred to as the "County" . WHEREAS , the Town does not desire to provide its own electrical inspections and wishes to use the services of the Weld County Building Inspections Department, and WHEREAS, in accordance with CRS 29-1-203 , political subdivisions may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the corporations or contracting units, and WHEREAS, In order to set forth clearly the responsibilities, obligations, powers and rights of each of the parties, the Town and the County hereby enter into this Agreement. NOW, THEREFORE, in consideration of the recitals , promises and covenants herein set forth, and other good and valuable consideration herein receipted for, the parties agree as follows : 1 . The Town authorizes the County Building Inspection Department to make all required electrical inspections within the incorporated boundaries of the Town based upon the Town' s Electrical Code. 2 . The Town shall advise the County of any of the substantive differences between the electrical codes adopted by the Town and the Weld County Building Code within thirty (30) days of the execution of this Agreement. 3 . In consideration of the County providing electrical inspections , the Town shall pay to the County the same fee per permit as established by the Weld County Building Code and adopted by Weld County for the unincorporated areas of Weld County. The fees will be billed to the Town on a monthly basis . Such bills must be paid to the County within thirty (30) days of receipt. 4 . Any existing permits which have not been finaled within the Town prior to the date of this Agreement shall be inspected at the rate of $12 .00 per completed electrical inspections. The above fee will be billed to the Town on a monthly basis . Such bills must be paid to the County within thirty (30) days of receipt. 5 . The County, in addition to its inspection duties, shall investigate complaints of code violations when so directed by an administrative officer of the Town or the Town Board. The County shall have no further obligation to pursue administrative, criminal or civil remedies as against the violator except that the County inspectors shall be available for testimony in any proceedings regarding the violation. 6 . County agrees to provide the Towns with 30 days notice of any proposed amendments to the Weld County Building Code and fee schedules. 7 . The Town shall not be liable for the direct payment of any salaries , wages , or other compensation to any personnel performing services herein for said County. 8 . The County agrees, at its own expense , to procure adequate insurance against and to indemnify, defend and hold the Town harmless against any and all of the following types of claims: a. Claims by any County employee for compensation, fringe benefits of any kind whatever (including without limitation pension rights or payments, insurance of any kind, reimbursement of medical expenses , vacation pay, sick leave, or sick pay) or indemnification for tort claim damages or similar claims for damages (e.g. , Section 1983 Claims) . b. Claims by any other party for damages for any alleged unlawful act or omission, negligent or willful, on the part of any County employee acting pursuant to this Agreement. -2- 9. The County or its employee shall not be deemed to assume any liability for intentional or negligent acts of said Town or any officer, agent, or employee thereof, and the Town agrees to indemnify and hold the County harmless for any and all claims arising out of such acts. 10 . Either party to this Agreement may cancel such Agreement upon thirty (30 ) days written notice to the other party. If such termination does occur, all structures that have had inspections made but are not completed at the time of termination may be completed through final inspection at the agreed fee rate if the Town so requests and if the County agrees to do so. The Town shall also pay all outstanding fees owed to the County within thirty (30) days of the notice of termination. 11 . This agreement shall supercede and render null and void any previous agreement for building inspection services between Weld County and the Town ofnir‘ )N 12 . This Agreement may be renewed annually by written notice from one party to the other of an intent to renew. The failure of the other party to dissa£firm the renewal in writing within 30 days shall be deemed consent to the renewal for an additional one year period. 13 . All notices to the County pursuant to paragraphs 10 and 12 of this Agreement shall be sent certified or registered mail , return receipt requested, addressed to the Board of County Commissioners of Weld County, P.O. Box 758 , Greeley, Colorado 80632 . 14 . All notices to the Town, pursuant to paragraphs 6 , 10 , and 12 , shall be sent certified or registered mail , return receipt requested, addressed to: �/( C `J/(MIAcli»vn�-,- Town Clerk O.:B0, S'7 6srv�fkI co. ?' 7R9 IN WITNESS WHEREOF, the Town, by resolution duly adopted by its governing body, caused this Agreement to be signed by its mayor and attested by its clerk, and the County of Weld, by the County Board of Commissioners has caused these presents to -3- be subscribed by the Chairperson of said board and the seal of said board to be affixed thereto and attested by the clerk of said board, all .on _ the day and year first above written. ATTEST: ‘-11 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board r BY: 'luvvvfi 4 - .f. / BY: o. X�...� Deputy County`C1e'rk airman tY ATTEST: TOWN OF Av n iYJLEA 1i. '' BY: i A Town Clerk r" -4- Hello