HomeMy WebLinkAbout1992-28 Mutual Aid, Bldg Inspections Deerfield
RESOLUTION NO. 92 - 28
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND
THE CITY OF DEERFIELD BEACH FOR MUTUAL AID IN THE
PROVISION OF INSPECTION AND BUILDING OFFICIAL
SERVICES
WHEREAS, the City Commission of the City of Parkland finds
and determines that it is in the best interests of the citizens
of the City to enter into the attached Agreement with the City
of Deerfield Beach for mutual aid in the provision of inspection
and building official services,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA;
Section 1. That the appropriate City officials are hereby
authorized to execute the attached Agreement between the City of
Parkland, Florida and the City of Deerfield Beach.
Section 2. That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS
16thDAY OF September
, 1992.
~~-
S PAGLI YOR
~~~, {~, ~TY CLElIR
AGREEMENT
BETWEEN
CITY OF DEERFIELD BEACH AND CITY OF PARKLAND
FOR MUTUAL AID
IN THE PROVISION OF INSPECTION AND BUILDING OFFICIAL SERVICES
THIS AGREEMENT is made by and between CITY OF DEERFIELD BEACH,
FLORIDA, a municipal corporation existing under the laws of the state
of Florida, hereinafter referred to as "DEERFIELD" and CITY OF
PARKLAND, FLORIDA, a municipal corporation existing under the laws of
the State of Florida, hereinafter referred to as "PARKLAND":
WITNESSETH:
WHEREAS, DEERFIELD
plans examinations and
Building Code; and
WHEREAS, PARKLAND
plans examinations and
Building Code; and
WHEREAS, both DEERFIELD and PARKLAND are desirous of utilizing
the services of each other from time to time for the performance of
plans examinations and inspections pursuant to the South Florida
Building Code within their respective municipal boundaries; and
maintains a Building Department that conducts
inspections pursuant to the South Florida
maintains a Building Department that conducts
inspections pursuant to the South Florida
WHEREAS, both DEERFIELD and PARKLAND are each willing to perform
said services on the terms and conditions hereinafter set forth; and
WHEREAS, both parties are authorized by virtue of 163.01, Florida
Statu~es, to enter into agreements with other governmental agencies
for joint performance, or the performance by one unit on behalf of the
other, of any of either agency's authorized functions; and
WHEREAS, both parties have additional authority, by virtue of
Article B, 2(b) of the Constitution of the State of Florida and
Florida Statute 166.021, to enter into this Agreement; and
WHEREAS, the parties hereto intend to enter into an agreement
whereby they shall "swap" or "share" their Building Department employ-
ees when required, with payment being made only for the time utilized
by one city in excess of those hours which are mutually "swapped" or
"shared",
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained, the parties agree as follows:
9.01.92
I. INTENT
The parties hereto hereby adopt and incorporate herein the
previous recitals and the parties do agree that these recitals accu-
rately and truly reflect the intent of the parties.
II. SCOPE OF SERVICES, PERFORMANCE OF FUNCTIONS AND DUTIES
DEERFIELD and PARKLAND do each hereby transfer to the other the
authority to perform the functions indicated below:
INSPECTIONS
PLAN REVIEW
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
Building Inspections
Plumbing Inspections
Electrical Inspections
Mechanical Inspections
Landscaping Inspections
Mobile Home Inspections
Code Enforcement of the South
Florida Building Code
Zoning code Conformance
Building Official Functions
Required by the South
Florida Building Code
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Both DEERFIELD and PARKLAND shall perform the above-described
function(s) as indicated by an "X", through its Building Department or
any successor department which may be created. Both cities shall
provide one to the other the inspections and plan review required
under the South Florida Building Code including Building Official
functions. This Agreement covers only the service specified above.
III. COMPENSATION
(a) The parties hereto shall keep records of the actual time
spent, including travel time portal to portal, by their respective
personnel whose services are to be utilized pursuant to this Agree-
ment. Thirty (30) days prior to the end of each City'S respective
fiscal year, the parties hereto will tabulate the amount of hours
which each has utilized the services of the other party pursuant to
this Agreement. That City which has utilized more hours than the
other will pay only for that time which is in excess of the amount
which has been utilized by the other City.
(b) The City which utilizes more time than the amount of time
utilized by the other city, agrees to pay THIRTY-FIVE DOLLARS AND
FIFTY CENTS ($35.50) per hour for each hour utilized in excess of the
hours which are mutually swapped. Any fractional portion of an hour
shall be prorated at the rate of $35.50 per hour. The parties agree
that the minimum unit of time for billing purposes shall be .25 (1/4)
hour.
Payment shall be made in full by no later than September 30 of
9.01.92
each year. Interest shall accrue on unpaid balances at the rate of
one and one-half (1-1/2% ) per month.
IV. INDEMNIFICATION AND INSURANCE
It is understood and agreed that in the event any person, firm,
corporation, or other body or entity should sustain damages or claim
to have sustained damages by reason of the performance or non-perfor-
mance of any of the aforementioned functions or duties conducted by
DEERFIELD for PARKLAND as provided herein, then, in such event
PARKLAND agrees to indemnify and hold harmless DEERFIELD for all
costs, losses, expenses and damages to persons or property, including
but not limited to, judgments, costs and attorney's fees arising out
of and in connection with the claim or cause of action, and if called
upon by DEERFIELD, PARKLAND shall take over and defend not only
itself, but also DEERFIELD in connection with any such suit or cause
of action at no cost and expense to DEERFIELD. It is further under-
stood by the parties that the terms and obligations of this indemnifi-
cation will remain in effect and enforceable by DEERFIELD irrespective
of the termination of the services provided under this Agreement.
It is further agreed that PARKLAND shall provide and keep in
force during the term of this Agreement a general liability insurance
policy or self insured-self funded responsibility of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per person and TWO HUNDRED
THOUSAND DOLLARS ($200,OOO.00) per occurrence under statutory Immunity
of Florida statutes 768.28 for each incident. If such statute be
amended, PARKLAND shall increase coverage to comply with such amend-
ment. PARKLAND agrees to furnish a copy of a Certificate of Insurance
as aforementioned, or provide a Certificate Letter naming DEERFIELD as
a covered entity for the period of the contract nor later than seven
(7) days after the execution of this Agreement. Said policy or letter
shall name DEERFIELD as an additional insured for any liability of
DEERFIELD arising out of DEERFIELD's activity or alleged inactivity,
including claims of negligence in the performance of the functions and
duties specified in this Agreement, and further shall state that said
coverage agreement is not cancellable by either the insurer or
PARKLAND without written notice by registered mail to the CITY OF
DEERFIELD BEACH thirty (30) days prior to the effective date of said
cancellation.
It is understood and agreed that in the event any person, firm,
corporation, or other body or entity should sustain damages or claim
to have sustained damages by reason of the performance or non-perfor-
mance of any of the aforementioned functions or duties conducted by
PARKLAND for DEERFIELD as provided herein, then, in such event
DEERFIELD agrees to indemnify and hold harmless PARKLAND for all
costs, losses, expenses and damages to persons or property, including
but not limited to, judgments, costs and attorney's fees arising out
of and in connection with the claim or cause of action, and if called
upon by PARKLAND, DEERFIELD shall take over and defend not only
itself, but also PARKLAND in connection with any such suit or cause of
action at no cost and expense to PARKLAND. It is further understood
by the parties that the terms and obligations of this indemnification
9.01.92
will remain in effect and enforceable by PARKLAND irrespective of the
termination of the services provided under this Agreement.
It is further agreed that DEERFIELD shall provide and keep in
force during the term of this Agreement a general liability insurance
policy or self insured-self funded responsibility of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per person and TWO HUNDRED
THOUSAND DOLLARS ($200,000.00) per occurrence under statutory Immunity
of Florida statute 768.28 for each incident. If such Statute be
amended, DEERFIELD shall increase coverage to comply with such
amendment. DEERFIELD agrees to furnish a copy of a Certificate of
Insurance as aforementioned, or provide a certificate Letter naming
PARKLAND as a covered entity for the period of the contract not later
than seven (7) days after the execution of this Agreement. Said
policy or letter shall name PARKLAND as an additional insured for any
liability of PARKLAND arising out of PARKLAND's activity or alleged
inactivity, including claims of negligence in the performance fo the
functions and duties specified in this Agreement, and further shall
state that said coverage agreement is not cancellable by either the
insurer or DEERFIELD without written notice by registered mail to the
CITY OF PARKLAND thirty (30) days prior to the effective date of said
cancellation.
V. TERM OF AGREEMENT
This Agreement shall become effective at 12:01 A.M. on October 1,
1992 and shall continued in full force and effect until midnight on
September 30, 1993. This Agreement shall remain in full force and
effect unless written notice of termination by DEERFIELD or PARKLAND
is provided one to the other. Unless terminated as provided in section
VI hereof, this Agreement shall be automatically renewed from year 0
year for successive one (1) year periods thereafter by request of
either party hereto and by acceptance of the other party hereto.
VI. TERMINATION
This Agreement may
thirty (30) days written
tion.
be terminated by either party hereto upon
notice to the other party of such termina-
Should the Agreement be terminated, the parties will determine
how much, if any, is owed by one city to the other and such indebted-
ness shall be paid in full by no later than sixty (60) days after the
receipt of the written notice of termination.
9.01.92
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day set below their signature.
CITY OF DEERFIELD BEACH, FLORIDA
a municipal corporation
By
By ~ -rr;. ~,.u,
Date: "hl / ,~
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Approved as to form:
Attest:
By
(Seal)
CITY OF PARKLAND, FLORIDA,
municipal corporation
By~
l.ty Attorney
Date:
Approved as to form:
By
Date:
e
P3 J9~
,
~ \:'-..~ Q-L~
l!ity Clerk
BykC,~
sk Manager .
Date: #;1.:0/1:A
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Attest:
9.01.92
. 924235:11
CITY OF
AGREEMENT
BETWEEN
DEERFIELD BEACH AND CITY
FOR MUTUAL AID
OF INSPECTION AND BUILDING OFFICIAL SERVICES
,,~..,I'~~
/ 15f) N. E. aN AVENUE
QIUfIELD IIM:H. FLORIDA
....
OF PARKLAND
IN THE PROVISION
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THIS AGREEMENT is made by and between CITY OF DEERFIELD BEACH, ~
FLORIDA, a municipal corporation existing under the laws of the state CJ
of Florida, hereinafter referred to as "DEERFIELD" and CITY OF :.:;
PARKLAND, FLORIDA, a municipal corporation existing under the laws of .~
the State of Florida, hereinafter referred to as "PARKLAND":
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WITNESSETH:
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-
WHEREAS, DEERFIELD
plans examinations and
Building Code: and
maintains a Building Department that conducts
inspections pursuant to the South Florida
WHEREAS, PARKLAND
plans examinations and
Building Code: and
WHEREAS, both DEERFIELD and PARKLAND. are desirous of utilizing
the services of each other from time to time for the performance of
plans examinations and inspections pursuant to the South Florida
Building Code within their respective municipal boundaries: and
maintains a Building Department that conducts
inspections pursuant to the South Florida
WHEREAS, both DEERFIELD and PARKLAND are each willing to perform
said services on the terms and conditions hereinafter set forth: and
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WHEREAS, both parties are authorized by virtue of 163.01, Florida
Statutes, to enter into agreements with other governmental agencies
for joint performance, or the performance by one unit on behalf of the
other, of any of either agency's authorized functions: and
WHEREAS, both parties have additional authority, by virtue of
Article B, 2(b) of the Constitution of the State of Florida and
Florida Statute 166.021, to enter into this Agreement: and
WHEREAS, the parties hereto intend to enter into an agreement
whereby they shall "swap" or "share" their Building Department employ-
ees when required, with payment being made only for the time utilized
by one city in excess of those hours which are mutually "swapped" or
"shared",
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained, the parties agree as follows:
-..... FEE ITEM
........., ~Y!lN TO
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9.01.92
I . INTENT
The parties hereto hereby adopt and incorporate herein the
previous recitals and the parties do agree that these recitals accu-
rately and truly reflect the intent of the parties.
II. SCOPE OF SERVICES, PERFORMANCE OF FUNCTIONS AND DUTIES
DEERFIELD and PARKLAND do each hereby transfer to the other the
authority to perform the functions indicated below:
INSPECTIONS
PLAN REVIEW
(A) Building Inspections
(B) Plumbing Inspections
(C) Electrical Inspections
(D) Mechanical Inspections
(E) Landscaping Inspections
(F) Mobile Home Inspections
(G) Code Enforcement of the South
Florida Building Code
(H) Zoning code Conformance
(I) Building Official Functions
Required by the South
Florida Building Code
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Both DEERFIELD and PARKLAND shall perform the above-described
function(s) as indicated by an "X", through its Building Department or
any successor department which may be created. Both cities shall
provide one to the other the inspections and plan review required
under the South Florida Building Code including Building Official
functions. This Agreement covers only the service specified above.
III. COMPENSATION
(a) The parties hereto shall keep records of the actual time
spent, including travel time portal to portal, by their respective
personnel whose services are to be utilized pursuant to this Agree-
ment. Thirty (30) days prior to the end of each City's respective
fiscal year, the parties hereto will tabulate the amount of hours
which each has utilized the services of the other party, pursuant to
this Agreement. That City which has utilized more hours than the
other will pay only for that time which is in excess of the amount
which has been utilized by the other City.
(b) The City which utilizes more time than the amount of time
utilized by the other City, agrees to pay THIRTY-FIVE DOLLARS AND
FIFTY CENTS ($35.50) per hour for each hour utilized in excess of the
hours which are mutually swapped. Any fractional portion of an hour
shall be prorated at the rate of $35.50 per hour. The parties agree
that the minimum unit of time for billing purposes shall be .25 (1/4)
hour.
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Payment shall be made in full by no later than September 30 of
9.01.92
each year. Interest shall accrue on unpaid balances at the rate of
one and one-half (1-1/2' ) per month.
IV. INDEMNIFICATION AND INSURANCE
It is understood and agreed that in the event any person, firm,
corporation, or other body or entity should sustain damages or claim
to have sustained damages by reason of the performance or non-perfor-
mance of any of the aforementioned functions or duties conducted by
DEERFIELD forPARKLAND as provided herein, then, in such event
PARKLAND agrees to indemnify and hold harmless DEERFIELD for all
costs, losses, expenses and damages to persons or property, including
but not limited to, judgments, costs and attorney's fees arising out
of and in connection with the claim or cause of action, and if called
upon by DEERFIELD, PARKLAND shall take over and defend not only
itself, but also DEERFIELD in connection with any such suit or cause
of action at no cost and expense to DEERFIELD. It is further under-
stood by the parties that the terms and obligations of this indemnifi-
cation will remain in effect and enforceable by DEERFIELD irrespective
of the termination of the services provided under this Agreement.
It is further agreed that PARKLAND shall provide and keep in
force during the term of this Agreement a general liability insurance
policy or self insured-self funded responsibility of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.00) per person and TWO HUNDRED
THOUSAND DOLLARS ($200,000.00) per occurrence under Statutory Immunity
of Florida Statutes 768.28 for each incident. If such statute be
amended, PARKLAND shall increase coverage to comply with such amend-
ment. PARKLAND agrees to furnish a copy of a Certificate of Insurance
as aforementioned, or provide a Certificate Letter naming DEERFIELD as
a covered entity for the period of the contract nor later than seven
(7) days after the execution of this Agreement. Said policy or letter
shall name DEERFIELD as an additional insured for any liability of
DEERFIELD arising out of DEERFIELD's activity or alleged inactivity,
including claims of negligence in the performance of the functions and
duties specified in this Agreement, and further shall state that said
coverage agreement is not cancellable by either the insurer or
PARKLAND without written notice by registered mail to the CITY OF
DEERFIELD BEACH thirty (30) days prior to the effective date of said
cancellation.
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It is understood and agreed that in the event any person, firm,
corporation, or other body or entity should sustain damages or claim
to have sustained damages by reason of the performance or non-perfor-
mance of any of the aforementioned functions or duties conducted by
PARKLAND for DEERFIELD as provided herein, then, in such event
DEERFIELD agrees to indemnify and hold harmless PARKLAND for all
costs, losses, expenses and damages to persons or property, including
but not limited to, judgments, costs and attorney's fees arising out
of and in connection with the claim or cause of action, and if called
upon by PARKLAND, DEERFIELD shall take over and defend not only
itself, but also PARKLAND in connection with any such suit or cause of
action at no cost and expense to PARKLAND. It is further understood
by the parties that the terms and obligations of this indemnification
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9.01.92
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day set below their siqnature.
CITY OF DEERFIELD BEACH, FLORIDA
a municipal corporation
By
By ~ '"}_ 72vet.
Qayor
".:- _ . Date: ,;"( ~
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..~u"':'''' ,By
G:,:.~ ',~, '" '.JJisk Manaqer
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. ';'" .,,<: ',,:o,' Date: () :.r-/4'7""""
By2JJI"'~'~1 d.~P.L~./ /
City Clerk
Approved as to form:
Attest:
(Seal)
CITY OF PARKLAND, FLORIDA,
municipal corporation
By Ma~ ~~
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By~
city Attorney
By
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Approved as to 'form:
Date:
Date:
BY~"~_ (2--L~
City clerk
By R~~' 10~
Date: ql;Jlq~
1 .
Attest:
9.01.92