HomeMy WebLinkAbout900637.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN THE CITY OF FORT LUPTON AND WELD
COUNTY FOR BUILDING INSPECTIONS 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 City of Fort Lupton does not desire to provide
its own building inspections and wishes to use the services of the
Weld County Building Inspections Department, and
WHEREAS, an Agreement to provide building inspections to the
City of Fort Lupton by Weld County has been presented to the
Board, and
WHEREAS, the Board, after study and review, 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 between
the City of Fort Lupton and Weld County for building inspections
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 18th day of
July, 1990 .�j���
A.D.�/` eCUA�O� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD NTY, COLORADO
Weld County Clerk to the Board Gene R. rant er, Chairman
C
BY: K �� (��[ k � � Y f� / l George KBnnedy, Pro-Tem
Deputy Clerk to the Board
APPROVED AS TO FORM: Constance L. Harber
71 `4 L
C.W. Kirb
Aca,County Attorney Gordo Y
900637
AGREEMENT TO PROVIDE BUILDING INSPECTIONS
THIS AGREEMENT made this IR& day of \hag , 19QQ, 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 building and
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 all required inspections of structures within the
incorporated boundaries of the City based upon the City's
Building Code, Mechanical Code, Plumbing Code, Electrical
Code, Swimming Pool Code, Abatement of Dangerous Buildings,
State of Colorado Insulation Requirements and the State and
Federal requirements for the handicapped as duly adopted by
the City.
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 Building 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 must be paid to the County within thirty (30) days of
receipt.
4. If a plan check is required, the plan check fee charged to
the City shall be the same fee per plan check as established
by the Weld County Building Code and adopted by Weld County
for the unincorporated portions of Weld County. The plan
check fees will be billed to the City on a monthly basis.
Such bills must be paid to the County within thirty (30) days
of receipt.
900637
5. Any existing permits within the incorporated boundaries 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.
6. 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.
7. County agrees to provide the City with 30 days notice of any
proposed amendments to the keld County Building Code and fee
schedules.
8. 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.
9. 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:
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.
10. 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.
11. 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. fhi531
Qe�.
12. This agreement shall supersede and render null and void any
previous agreement for building inspection services between
Weld County and the City of Fort Lupton.
13. 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.
14. 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.
15. 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 the seal of said board to be affixed thereto and attested by the clerk
of said board, all on1 the day and year first above written.
firES7} /% /,/ / // BOARD OF COUNTY COMMISSIONERS
' WELD COUNTY, COLORADO
/§ I f "
/112c -/ / V :'�✓17
Weld County
Clerk to the Board
1
BY: !ay c �. 4cct BY:
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D puty Clerk to th Board hairman
ATTEST: ��////�� TOWN OF FORT LUPTON
CeltsteqtAzY BY -4444‘c
City Clerk Mayor
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