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1994-53 Agreement with City of Deerfield Beach for Mutual Aid in Provision of Inspection & Building Official ServicesRESOLUTION NO. 94 - 53 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, Florida finds and determines that it is in the best interest of the citizens to execute an Agreement between the City of Parkland and the City of Deerfield Beach, Florida for mutual aid in the provision of inspection and building official services and said agreement is attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City Officials are hereby authorized to execute an Agreement between the City of Parkland, Florida and the City of Deerfield Beach, Florida. Section 2. That this Resolution shall be in full '- -lits passage and adoption. 21 DAY OF SEPTEMBER -.-. SAL 'PAGLIARA, YOR City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 October 6, 1994 Mr. Clark Richards Building Official City of Deerfield Beach 150 N.E. Second Avenue Deerfield Beach, Florida 33441 RE: CONTRACT FOR BACKUP BUILDING DEPARTMENT SERVICES Dear Mr. Richards: Attached is an executed copy of the subject Agreement that was approved by the Parkland City Commission on September 21, 1994 by Resolution No. 94-53. Should you require further information please feel free to contact me at 753-5040. Very truly yours, Susan Armstrong, C.M.C. City Clerk Attachment 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 maintains a Building Department that conducts plans examinations and inspections pursuant to the South Florida Building Code; and WHEREAS, PARKLAND maintains a Building Department that conducts plans examinations and inspections pursuant to the South Florida 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 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 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: 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 X X (B) Plumbing Inspections X X (C) Electrical Inspections X X (D) Mechanical: Inspections X X (E) Landscaping Inspections X X (F) Mobile Home Inspections X X (G) Code Enforcement of the South Florida Building Code X X (H) Zoning code Conformance X X (I) Building Official Functions Required by the South X X Florida Building Code 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 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 ($200,000.00) 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. 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 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 claimsof 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, 1994 and shall continued in full force and effect until midnight on September 30, 1995. 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 o 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 be terminated by either party hereto upon thirty (30) days written notice to the other party of such termina- tion. 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. *Certified Mail, Return Receipt Requested IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day set below their signature. Approved as to form: By City Attorney Attest: BY C ty Clerk (Seal) Approved as to form: City Attorney Attest: BY City Clerk,- (SEAL lerk CITY OF DEERFIELD BEACH, FLORIDA a municipal corporation By 400!!!Ape -yor / Dat rte' .4 TA W40imp nage te: 09,G//f y (SEAL CITY OF PARKLAND, FLORIDA, Municipal corporation BY By By Dates 9/21/94 Ci y Date: 9/21/94 k Manager Date: 9/21/94 CITY OF PARKLAND 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 • FAX (305) 341-5161 Ms. Muriel W. Rickard, CMCIAAE City Clerk City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, Florida 33441 RE: RECIPROCAL AGREEMENT FOR UTILIZATION OF BUILDING INSPECTORS SERVICESICITY OF DEERFIELD BEACH AND CITY OF PARKLAND CITY OF PARKLAND RESOLUTION NO. 94-53 Dear Ms. Rickard: Enclosed please find one (1) original of a letter executed by Mayor Sal Pagliara and City Manager Harry J. Mertz extending the above referenced agreement indefinitely until written notification of termination by the City of Deerfield or the City of Parkland. Thank you for your cooperation. Sincerely, Susan Armstrong, C.M.C. City Clerk Enclosure (1) CC: Andrew Maurodis, City Attomey Dale Lee, Director of Building & Development Judith Kilgore, Director of Finance Printed on recycled paper October 13, 1995 City of Deerfield Beach Muriel Rickard, City Clerk 150 N. E. 2nd Ave. Deerfield Beach, FI. 33441 Dear Ms. Rickard: CITY OF PARKLAND 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 • FAX (305) 341-5161 In accordance with City of Deerfield Beach Resolution #C-1995/165 and the Agreement Between The City Of Parkland And The City Of Deerfield Beach For Mutual Aid In The Provision Of Inspection And Building Official Services, this letter will serve as a renewal of our reciprocal agreement for utilization of Building Inspectors services. This agreement shall remain in full force and effect unless written notice of termination by DEERFIELD or PARKLAND is provided one to the other. Your cooperation and assistance is sincerely appreciated. If you have any questions, please do not hesitate to contact me. Sin erely ' City Manager 11— Accepted: Maygr Sal PaglraFra cc: Susan Armstrong, City Clerk Andrew Maurodis, City Attorney Judity Kilgore, Director of Finance Printed on recycled paper