HomeMy WebLinkAbout950531.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PROVIDE BUILDING INSPECTIONS WITH TOWN OF
LOCHBUIE 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 Building
Inspections between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Planning Services, and the Town
of Lochbuie, with 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 Building Inspections between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Planning Services, and the Town of Lochbuie 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 20th day of March, A.D., 1995.
pieuidnBOARD OF COUNTY COMMISSIONERS
lWELD COUNTY, COLORADO
ATTEST: ► ' ' Fxcl ism
Dale . Hall, Chairman
Weld County Clerk to the Board
Barbar J. Kirkme r,
BY: . J t,t_VQ1 I A J1 ,..L , �
Deputy Clerldo the Board / �f‘ rc. q.:
47.
Georgeaxter
i
APP AS TO FORM: �'��
Constance L. Harbert
ounty Attorney c / /'/l;�) 41 2 1rJ " /'
L, r
W. H. Webster
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PL0073
e(, : Pt; Lod-hbuce
AGREEMENT TO PROVIDE BUILDING INSPECTIONS
THIS AGREEMENT made this 24th day of February, 1995,by and between the TOWN OF LOCHBUIE.
Hereinafter 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 building inspections and wishes to use the
service of Weld County Building Inspections Department and
WHEREAS, In accordance with CRS Sections 29-1-203, and 29-20-105 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, including joint exercise of building regulations, 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
inspections required by the Weld County Building Code Ordinance of Structures
within the incorporated boundaries of the Town based upon the Town's Building
Code,Mechanical Code, Plumbing Code,Abatement of Dangerous Buildings, State
of Colorado Insulation Requirements and the State requirements for the handicapped
as duly adopted by the Town. However, when the Codes adopted by the Town
require permits exempted under terms of the Weld County Building Code Ordinance,
the Town shall be responsible for inspection and approvals.
2. The County represents that it has inspectors certified by the International Conference of
Building Officials, ("ICBO") in the following disciplines; Plans Examiner, Building Inspector,
Electrical Inspector, Mechanical Inspector, Plumbing Inspector. The employees assigned to
conduct inspections within the Town by the County hall be certified by the ISO to perform the
particular type of inspection assigned to perform.
3. The Town shall advise the County of any of the substantive differences between the codes
adopted by the Town and the Weld County Building Code within thirty (30) days of the
execution of the agreement.
4. In consideration of the County providing such inspections,the Town shall pay to the County
the same fee per permit as established by the Weld County Building Code and adopted by the
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.
5. If a plan check is required,the plan check fee charged to the Town 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
Town on a monthly basis. Such bills must be paid to the county within thirty (30) days of
receipt.
6. The Town shall be responsible for inspection and approval of any permits issued but not yet
finaled as of the date of this agreement.
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7. 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 against the
violator except the County inspectors shall be available for testimony in any proceedings
regarding the violation.
8. The County shall maintain the record of each building permit issued,including but not limited
to, copies of the approved building permit, field inspection reports, and certificates of
occupancy issued. Upon the termination of this contract, ese complete records concerning
buildings in Lochbuie shall be provided the Town within7hirty(30) calendar days. Building
plans will be returned to the Town for storage within a reasonable time after the final
inspection is completed and the certificate of occupancy is issued.
9. , County agrees to provide the Town with 30 days notice of any proposed amendments to the
Weld County Building Code and fee schedules.
10. The Town shall not be liable for the direct payment of any salaries, wages, or other
compensation to any personnel performing services herin for said County.
11. 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
whatsoever(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.
12. 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
13. This agreement shall supersede and render null and void any previous agreement for building
inspection services between Weld County and the Town of Lochbuie.
14. This Agreement shall be renewed annually unless either party by written notice,delivered 60
days prior to expiration date, expresses an intent not to renew the agreement. 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.
15. All notices to the County pursuant to paragraphs 3 and 14 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, CO 80632.
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16. All notices to the Town,pursuant to Paragraphs 9 and 14,shall be sent certified or registered
mail, return receipt requested,addressed to:
Terrie Wider, Town Clerk
0152 Poplar
Lochbuie, CO 80601
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 Board of Commissioners has
these presents to be subscribed by the Chairperson of said board and the seal of said board to be affixed
thereto and atte d by the clerk of s ' board,all on the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County WELD COUNTY,COLORADO
Clerk to the Board
BY: Itefi
Deputy Clerk 1 t JAY l BY/ / l �
Chairman protonO alao)95
ATTEST: TOWN OF LOCHBUIE
BY: \ f c.c. :t2 .o.el!
Town Clerk Mayor
3
9.:053/
4Katirg MEMORANDUM
Wilk TO: Board of County Commissioners March 16, 1995
COLORADO From: Edwin D. Stoner, Lead Combination InspectorET)5
SUBJECT: Contract with Lochbuie to Provide Inspections
I have attached the agreement dated February 24, 1995 between Weld County and the Town of
Lochbuie. If the Board of County Commissioners executes this agreement, the Department of
Building Inspection will provide inspection services to the Town of Lochbuie. This agreement is
essentially the same as those with other jurisdictions except that it is renewed on an annual
bases. This change is currently being considered by those other jurisdictions.
It is the recommendation of the Department of Building Inspection that the Board of County
Commissioners approve this agreement.
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