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Home My WebLink About20242166.tiffRESOLUTION RE: APPROVE AGREEMENT TO PROVIDE ELECTRICAL AND PLUMBING INSPECTIONS AND AUTHORIZE CHAIR TO SIGN - TOWN OF NEW RAYMER 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 and Plumbing 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 New Raymer, commencing upon full execution of signatures, with further 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 and Plumbing 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 New Raymer, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 14th day of August, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COU ► , o e ' DO ATTEST: dler-ILAJ .444,4;ok Weld County Clerk to the Board B. /14- u Q/i(.l) U�- Deputy Clerk to the Board APPR• : D A ty ' tt• ney gI 9 Date of signature: a Ross, Chair Pro-Tem Mike Freeman Jam>e,,, ri Saine cc (ER/MN/{.G) 4q/o9 /2,1 2024-2166 PL0073 CorrFvac+-ID# yb,dg BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Agreement with the Town of New Raymer for Plumbing Inspections DEPARTMENT: Planning DATE: August 7, 2024 PERSON REQUESTING: Elizabeth Relford & Robert Godin Brief description of the problem/issue: The Town of Raymer is in the process of constructing a new fire station located adjacent to SH 14 (parcel # 072303138002). During construction a State Inspector was driving by and dropped in to see what was going on, and realized the Fire Department was constructing a building without any permits. In addition, the Fire Department didn't use a Design Engineer for the building. They hired an Architect to create the building structure and then hired an electrician and plumber to install those individual components. Since then, the contracted plumber will no longer complete the work until a plumbing permit is obtained, in order to protect his license. Therefore, the Fire Department is requesting to permit the plumbing and electrical through the county for inspections. We currently have an agreement to perform electrical inspections for the Town (see attached). However, we do not have an agreement to do the Plumbing. Therefore, staff is requesting the Board approve putting the attached agreement on your agenda for consideration, so the Fire Department can complete their construction. What options exist for the Board? 1) Approve and authorize the signature of this agreement to be placed on the next available BOCC agenda. 2) Do not approve the agreement with the Town. Consequences: The Fire Department will have to permit the fire station through the State, which will add a lot of time and could significantly impact their first responder operations. Impacts: By allowing the building inspection department to perform inspections of projects within Raymer's jurisdiction, it may increase staff workload and delay staffs ability to perform the same tasks in unincorporated Weld. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The Building Department has had an agreement with Raymer to perform electrical inspections since 1983. The agreement was amended in 1997 to automatically renew. Therefore, the department has never budgeted money to cover staff costs to perform inspections in Raymer's jurisdiction because there are rarely any requests to perform such work. Recommendation: Staff recommends option 1. Support Recommendation Sche ule Place on BOCC Aaenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Kevin D Ross, Chair Scott K. James Mike Freeman Lori Saine 2024-2166 ALI ?L-bD13 Karla Ford From: Sent: To: Cc: Subject: Mike Freeman Wednesday, August 7, 2024 10:56 AM Karla Ford Lori Saine Re: Please Review - New Raymer Plumbing Inspections Agreement PA Approve Sent from my iPhone On Aug 7, 2024, at 12:22 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford weld.gov :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-4:00p.m.** <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford <erelford@weld.gov> Sent: Wednesday, August 7, 2024 10:20 AM To: Karla Ford <kford@weld.gov> Cc: Bruce Barker <bbarker@weld.gov> Subject: New Raymer Plumbing Inspections Agreement PA Hi Karla, Bruce and I are working with New Raymer for an agreement. The Board is aware of this situation and is anticipating this PA. Bruce is drafting the agreement. Let me know if you have any questions. Thanks, Elizabeth <New Raymer Plumbing Inspections Agreement PA.pdf> AGREEMENT TO PROVIDE ELECTRICAL AND PLUMBING INSPECTIONS TOWN OF NEW RAYMER • THIS AGREEMENT is made this I 1 -!day of August, 2024, by_and between the Town of New Raymer, Colorado, by and through its Town Board, hereinafter referred to as "Town" and the COUNTY OF WELD, a political subdivision of the State of Colorado, hereinafter referred to as "County." WHEREAS, Town does not desire to provide its own electrical and plumbing 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. Town authorizes County's Building Inspection Department to make all required electrical inspections and issue permits within the incorporated boundaries of the Town based upon the Colorado Electrical Code. 2. Town authorizes County's Building Inspection Department to make all required plumbing inspections and issue permits within the incorporated boundaries of the Town based upon the Colorado Plumbing Code. 3. In consideration of County providing electrical and plumbing inspections, Town shall pay to County the rate of $100.00 per hour, including mileage at the standard rate per mile approved by the Board of County Commissioners, for electrical and/or pltunbing inspections performed by County personnel on properties located in 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. In addition to its inspection duties, County shall investigate complaints of code violations when so directed by an administrative officer of Town or the Town Board. County shall have no further obligation to pursue administrative, criminal or civil remedies against the violator; however, County inspectors shall be available for testimony in any proceedings regarding the violation. 5. County agrees to provide the Town with 30 days -notice of any proposed amendments to the Weld County's fee schedules for Building Code inspections. 6. Town shall not be liable for the payment of any salaries, wages, or other compensation to County personnel performing services herein. a2o.W-dav 7. County agrees, at its own expense, to procure adequate insurance for claims by any third 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. 8. County, including its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said Town or any officer agent, or employee thereof, and Town agrees to indemnify and hold the County harmless for any and all claims arising out of such acts. 9. 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. Town shall also pay all outstanding fees invoiced and owed to County within thirty (30) days of receiving such notice of termination. 10. This Agreement supersedes and renders null and void all previous agreement(s) for electrical and/or plumbing inspection services between Weld County and Town and embodies the entire agreement of the parties with respect to the subject matter hereof There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 11, It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 13. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 14. 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. 2 15. All notices to County, pursuant to the provisions 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, 1150 O Street, Greeley, Colorado 80632. 16. All notices to Town, pursuant to the provisions of this Agreement, shall be sent certified or registered mail, return receipt requested, addressed to: David E. Long, Mayor 226 Baird P.O. Box 146 New Raymer, CO 80742 Drad1953@gmail.com IN WITNESS WHEREOF, the parties hereto agree to all of the terms stated herein as of the day and year first. above written. Ida.)'�' ��iCOUNTY: ATTEST:4. COUNTY OF WELD, a political Weld Co . my Clerk to the B r and subdivision of the STATE OF COLORADO: Deputy C ATTEST: I Kevin D. Ross, Chair TOWN: TOWN OF NEW RAYMER, a municipal corporation of the STATE OF COLORADO O1, -n C,r� JI G By: U..J Trish giuevara n Clerk David E. Long, Mayor 3 Hello