HomeMy WebLinkAbout920533.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS FOR THE CITY OF FORT
LUPTON AND AUTHORIZE CHAIRMAN TO SIGN
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 Board has been presented with an Agreement to Provide
Electrical Inspections between the City of Fort Lupton and the County of Weld,
with the terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement to Provide Electrical Inspections between
the City of Fort Lupton and the County of Weld be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of June, A.D. , 1992.
/✓ �LGLG?( BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board tf� C/ � eo�e Ken dy, C airman ��
BY: y { s :v„ (7^4;r1 -2rrL x�d Y/ol{ . ,C
Deputy Clerk to the Board Constance L. Harbert, Pro-Tem
APPROVED AS TO FORM:
///7/ f�//J�� C. W. Ki
te
421 County Attorney Go a
W. H. Webster
920533
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AGREEMENT TO PROVIDE ELECTRICAL INSPECTIONS
THIS AGREEMENT made this 27TH day of MAY
19 92 , by and between the CITY OF FORT LUPTON, hereinafter
referred to as the "City" , and the COUNTY OF WELD, a
political subdivision of the State of Colorado, hereinafter
referred to as the "County" .
WHEREAS, the City does not desire to provide its own
electrical inspections and wishes to use the services of the
Weld County Building Inspection 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 City 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 City authorizes the County Building
Inspection Department to make required
electrical inspections of specific
structures within the incorporated
boundaries of the City pursuant to the City
Codes and State requirements .
2 . The City shall advise the County of any of
the substantive differences between the
codes adopted by the City and the Weld
County Building Code within thirty ( 30) days
of the execution of this agreement.
3 . In consideration of the County providing
such inspections, the City shall pay to the
County the same fee per permit as
established by the Weld County Electrical
Code and adopted by Weld County for the
unincorporated areas of Weld County. The
fees will be billed to the City on a monthly
basis . Such bills shall be paid to the
County within thirty ( 30) days of receipt.
920533
-PL, co 73
4 . Any existing permits within the incorporated
boundaries of the City which have not been
finaled by the City prior to the date of
this agreement shall be the responsibility
of the City to final .
5 . The County, in addition to its inspection
duties, shall investigate complaints of code
violations when so directed by an
administrative officer of the City or the
City Council . The County shall have no
further obligation to pursue administrative,
criminal, or civil remedies against the
violator except that the County inspectors
shall be available for testimony in any
proceedings regarding the violation.
6 . The County agrees to provide the City with
30 days notice of any proposed amendments to
the Weld County Electrical Code and fee
schedules .
7 . The City 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 City harmless
against any and all of the following types
of claims :
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) .
Claims by any other party for damages for
any alleged unlawful act or omission,
negligent of willful, on the part of any
County employee acting pursuant to this
Agreement.
•-• �2333
9 . The County or its employee shall not be
deemed to assume any liability for
intentional or negligent acts of said City
or any officer, agent, or employee thereof,
and the City 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 City so requests and
if the County agrees to do so. The City
shall also pay all outstanding fees owed to
the County within thirty (30) days of the
notice of termination.
11 . This agreement shall supersede and render
null and void any previous agreement for
electrical inspection services between Weld
County and the City of Fort Lupton.
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 disaffirm 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 11 and 13 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 City, pursuant to
paragraphs 7 , 11, and 13, shall be sent
certified or registered mail, return receipt
requested, addressed to:
Barbara Rogers, City Clerk
City of Fort Lupton
P.O. Box 148
Fort Lupton, CO 80621
^
IN WITNESS WHEREOF, the City, 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 be subscribed by the Chairperson of said Board and 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: �� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County
Clerk to the Board
/
BY: ( tL Lam / , /,-c „ , „„,; BY:
Deputy Clerk to the Board___ , irman as/x.7/9
ATTEST: CITY OF FORT LUPTON
I6W/frel-d-a--'i "th//gt.�a BY:
City Clerk May
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