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HomeMy WebLinkAbout1994-57 Agreement with City of Margate for Mutual Aid in Provision of Inspections & Building Official ServicesRESOLUTION NO. 94 - 57 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 MARGATE, FLORIDA 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 Margate, 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 Margate, Florida. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 2 DAY OF NOVEMBER 1994. SUSAN ARMSTRONG, C. CITY CLERK SAL AGLIARA, YOR Mayor Arthur J. Bross Vice Mayor Frank B. Taierico Commissioners Mitch Anton Pam Donovan Joseph Versallone Tag of Alargate,jirbaritra September 12, 1995 The Honorable Sal Pagliara City of Parkland 6500 Parkside Drive Parkland, FL 33067 Re: Resolution No. 7936 City Manager Leonard B. Golub Deputy City Manager George Mudd City Attorney Eugene M. Steinfeld City Clerk Shirley J. Baughman APPROVING RECIPROCAL AGREEMENT AND ADDENDUM WITH THE CITY OF PARKLAND FOR UTILIZATION OF BUILDING INSPECTORS SERVICES. Dear Mayor Pagliara: Enclosed is a copy of the above-described Resolution that was adopted by the City Commission on September 6, 1995 and is being sent to you on their behalf. Also enclosed is a letter from the Human Resources Director in regard to the City of Margate Self -Funded Insurance Program. Please call my office should you have any questions on the enclosures and if we do not have an answer, we will route you to the proper party for a response. Sincerely, ,$/#-44-0r41 Shirley J. Baughman, CMC City Clerk SPECIAL COMMENTS: Reciprocal Agreement is attached to the Resolution. Please return a copy of the executed agreement to this office for City records. SJB/pg Enclosures 7/7 - 6eezi4/ 5790 MARGATE BOULEVARD MARGATE, FLORIDA 330133 • TELEPHONE (305) 972-844541 FACSIMILE (305) 9682982 CITY OF MARGATE, FLORIDA RESOLUTION NO. 7936 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING RECIPROCAL AGREEMENT AND ADDENDUM WITH THE CITY OF PARKLAND FOR UTILIZATION OF BUILDING INSPECTORS SERVICES. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1: That the City Commission of the City of Margate, Florida hereby approves Reciprocal Agreement and Addendum with the City of Parkland for utilization of Building Inspectors Services. SECTION 2: That the Mayor and City Manager are hereby authorized and directed to execute said Agreement and Addendum on behalf of the City of Margate, a copy of which is attached hereto and specifically made a part of this Resolution. SECTION 3: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 6 day of September , 1995. MAYOR ARTHUR J. BROSS RECORD OF VOTE Donovan AYE Varsallone AYE Anton AYE Talerico AYE Bross AYE !Iitg of Aaargate,`,7..117baritra September 11, 1995 To Whom It May Concern: Be advised that the City of Margate maintains a Self -Funded Insurance Program operating under Ordinance Number 87-28 enacted November 12, 1987. The City's Self -Funded Insurance Program complies with Chapter 324.171, under the auspices of Chapter 768.28(14) of the Florida Statutes. The City of Margate has liability protection to the Sovereign Immunity limits of $100,000 for a claim or judgment (includes both property and personal injury) arising out of the same occurrence. • 4k40411,44ta, George T. McNeill, ARM Human Resources Director GTM/mn 5790 MARGATE BOULEVARD, MARGATE, FLORIDA 33083 • TELEPHONE (305) 97244541 FACSIMILE (305) 988-2982 FES -27-'95 MON 15:41 ID: TEL NO: Poat•It' Pax Not. 7671 DSO 14342 P01 :2re J From Pnone e Foxe 5;04r— co. *ions M Fax RESOLUTION NO. 94 - 57 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 MARGATE, FLORIDA 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 Margate, 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 Margate, Florida. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 2 DAY OF NOVEMBER 1994. SAL 'FAGLI, SUSAN ARMSTRONG, C ." CITY CLERK • J ADDENDUM TO RECIPROCAL AGREEMENT WITH THE CITY OF PARKLAND FOR UTILIZATION OF BUILDING INSPECTORS SERVICES 1. Page 1, the second WHEREAS clause from the bottom of the page, the second line should begin with Article 8 instead of Article B. 2. Page 3, Under IV. Indemnification and Insurance, add as the third full paragraph: "Notwithstanding the previous paragraph, the City of Margate may self insure to the extent of the risk as specified in the preceding paragraph. At the time of the commencement of this agreement, the Administration of the City of Margate shall notify the City of Parkland of its intent to self -insure and shall further notify the City of Parkland of any change in its insurance status." 3. Page 4, insert the following new paragraph as the first full paragraph: "Notwithstanding the previous paragraph, the City of Parkland may self -insure to the extent of the risk as specified in the preceding paragraph. At the time of the commencement of this agreement, the Administration of the City of Parkland shall notify the City of Margate of its intent to self -insure and shall further notify the City of Parkland of any change in its insurance status." SIGNED AND SEALED the day and year first above written. Approved by Resolution No. 7936 - 9/6/95 ATTEST: /1 CITY OF MARGATE, FLORIDA CIT' £LERK \ // BY: MAYOR ARTHUR J. BROSS APS TO FOS, jF NE CITY ATTO BY: LEONARD B. G.LUB, CITY MANAGER CITY OF PARKLAND (1/k5 -- BY: AGREEMENT BETWEEN CITY OF PARKLAND AND CITY OF MARGATE FOR MUTUAL AID IN THE PROVISION OF INSPECTION AND BUILDING OFFICIAL SERVICES THIS AGREEMENT is made by and between CITY OF PARKLAND, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "PARKLAND" and CITY OF MARGATE, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "MARGATE": WITNESSETH: WHEREAS, PARKLAND maintains a Building Department that conducts plans examinations and inspections pursuant to the South. Florida Building Code; and WHEREAS, MARGATE maintains a Building Department that conducts plans examinations and inspections pursuant to the South Florida Building Code; and WHEREAS, both PARKLAND and MARGATE 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 PARKLAND and MARGATE are each willing to perform said services on the terms and conditions hereinafter set forth; and WHEREAS, both parties ars authorized by virtue of 163.01, Florida Statutes, to anter 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: rt.=,tr == I IUN 17,;=+ I tL. NL' :. sic rw I. INTAHI 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 9F FUNCTIONS AND DUTIES PARKLAND and MARGATE do each hereby transfer to the other the authority to perform the functions indicated below: INSPECTIONS PLAN REVIEW (A) Building Inspections X X (8) Plumbing Inspections X X (C) Electrical Inspections X X (D) Mechanical Inspections X X (E) Landscaping Inspections X X (F) Mobile Hoar Inspections X X (G) Code Enforcement of the South Florida Building Code X X (H) Zoning cods Conformance X X (I) Building Official Functions Required by the South X X Florida Building Cods X X Both PARKLAND and MARGATE shall perform the above-described function(s) as indicated by an NO, 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 ars to be utilized pursuant to this Agree- ment. Thirty (30) days prior to the and 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-FXVE 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. Page 2 FEB -27-'95 MON 15:4.3 ID: TEL NO: t#342 PO4 Payment shall be made in full by no later than september 30 et 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 PARKLAND for MARGATE as provided herein, then, in such event MARGATE 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 connec- tion with the claim or Daus• of action, and if called upon by PARKLAND, MARGATE 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 MARGATE 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, MARGATE shall increase coverage to comply with such amend- ment. MARGATE agrees to furnish a copy of a Certificate of Insurance as aforementioned, or provide a Certificate Latter naming PARKLAND 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 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 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 MARGATE without written notice by registered mail to the CITY OF PARKLAND thirty (30) days prior to the effective date of said cancel- lation. 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 MARGATE for PARKLAND as provided herein, then, in such event PARKLAND agrees to indemnify and hold harmless MARGATE for all costs, losses, expenses and damages to persons or property, including but not limited to, judgments, costs and attorney's fess arising out of and in connec- tion with the claim or cause of action, and it called upon by MARGATE, PARKLAND 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 MARGATE. It is further understood by the parties Page 3 FEb ?r '95 MON 15:44 ID: TEL NO: 21342 PO5 that the terms and obligations of this indemnification will remain in effect and enforceable by MARGATE 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 loss than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per person and TWO HUNDRED THOUSAND DOLLARS ($300,000.00) per occurrence under Statutory Immunity of Florida Statute 768.23 for each incident. If such Statute be amended, PARKLAND shall increase coverage to comply with such amendment. PARKLAND agrees to furnish a copy of a Certificate of Insurance as aforementioned, or provide a Certificate Letter naming MARGATE 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 MARGATE as an additional insured for any liability of MARGATE arising out of MARGATE', 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 PARKLAND without written notice by registered mail to the CITY OF MARGATE thirty (30) days prior to the effective date of said cancellation. All provisions contained herein shall be to the extent permitted by law 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 PARKLAND or MARGATE is provided one to the other. Unless terminated as provided in Section VI hereof, this Agreement shall be automatically renewed from yearto year for successive one (1) year periods thereafter by request of either party hereto and by acceptance of the other party hereto. VI. TERMINATIQN 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 bo 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 atter the receipt of the written notice of termination. Page 4 FEB -27--35 MON 15:45 1U: TEL NO: 3+.�4d F'Ub IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day sat baby their signature. Approved as to form: By Attest: By Zity C or (Baal) Approved as to form: Attest: CITY OF PARKLAND, FLORIDA a municipal corporation By Ma r e9 Date: By By r/z e . R�'sk 1(anager Date: �/ ei 9J Approved by Resolution No. 7936 9/6/95 CITY OF MARGATE, FLORIDA, municipal corporation Mayor rt ur . . : ross Date: September 7 1995 By City Manager( Date: September 7, 1995 C ty Cie (Seal) Page S. k snagqoi\kkif George T. MCNei11, ARM Data: September 7, 1995 olub October 17, 1995 CITY OF PARKLAND 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 • FAX (305) 341-5161 Mr. Leonard B. Golub City Manager City of Margate 5790 Margate Boulevard Margate, Florida 33063 RE: RENEWAL OF RECIPROCAL AGREEMENT FOR UTILIZATION OF BUILDING INSPECTORS SERVICESICITY OF MARGATE RESOLUTION NO. 7936 CITY OF PARKLAND RESOLUTION NO. 94-57 Dear Mr. Golub: 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 for a period of one year to September 30, 1996. Thank you for your cooperation. Sincerely, Susan Armstrong, C.M.C. City Clerk Enclosure (1) CC: Andrew Maurodis, City Attorney Dale Lee, Director of Building & Development Judith Kilgore, Director of Finance yk Printed on recycled paper Maya Arthur J. Bross Vice Mayor Frank B. Talerico Commissioners Mitch Anton Pam Donovan Joseph Versallone September 29, 1995 City of Parkland 6500 Parkside Drive Parkland, FL 33067 Attn: City Clerk Dear Sir: Tag of Airtrgate, 7 taram City Manager Leonard B. Golub Deputy City Manager George Mudd City Attorney Eugene M. Steinfeld City Clerk Shirley J. Baughman In accordance with City of Margate Resolution No. 7936 as well as City of Parkland Resolution 94- 57, this letter will serve as a renewal of our reciprocal agreement for utilization of Building Inspectors services for the an additional year ending September 30, 1996. Please indicate your acceptance by signing below and returning one copy to my office. Your cooperation and assistance is sincerely appreciated. If you have any questions, please do not hesitate to contact me. Very truly yours, Leonard B. Golub City Manager LBG bldginsp Accepted: cc: City Attorney City Clerk Director of Finance Director of Human Resources Building Official ity of Mayo • Sal Pagliara • Ha r v Mertz, Ci- Manager 'ar •�� d 5790 MARGATE BOULEVARD, MARGATE, FLORIDA 33063 • TELEPHONE (305) 972.6454 / FACSIMILE (305) 968-2982 Mayor Arlene R. Schwartz Vice Mayor Arthur J. Bross Commissioners Pam Donovan Frank B. Talerico Joseph Varsallone May 3, 2000 Ms. Helen Lynott City Clerk City of Parkland 6500 Parkside Drive Parkland, FL 33067 3 _ 9�y 9� Yip O�f � ti%.F OF F�f City of Alargate, jfiariba RE: Renewal of Reciprocal Agreement for Utilization of Building Inspector Services City Manager Leonard B. Golub City Attorney Eugene M. Steinfeld City Clerk Debra J. Dore Dear Ms. Lynott: In accordance with City of Margate Resolution No. 7936, as well as City of Parkland Resolution 94-57, this letter will serve as a renewal of our reciprocal agreement for utilization of Building Inspectors, through September 30, 2001. Please indicate your acceptance by signing below and returning one copy to my office. Your cooperation and assistance is sincerely appreciated. If you have any questions, please do not hesitate to contact my office. Sincerely, Leonard B. Golub City Manager Accepted: Sal ' agliara, Ma City of ' arklan /9— 2 2OD Date Ha City of Par nd Date LBG:jlr cc: City Attorney City Clerk Director of Finance Director of Human Resources Building Official 5790 MARGATE BOULEVARD, MARGATE, FLORIDA 33063 • TELEPHONE (954) 972-6454 / FACSIMILE (954) 968-2982 httpJ/www.margatefl.com • e-mail - cityclerk®margatefl.com