December 25, 2013 THE VILLADOM TIMES I • Page 3 Midland Park Towns to merge construction departments by Jennifer Crusco As of Jan. 1, Midland Park will take over Ho-Ho-Kus’ construction department under a shared service agreement that will cover building, construction, fire, plumb- ing, and electrical services. The pact will extend through Dec. 31, 2016, and will be subject to amendment and renewal. Enforcement actions and procedures must be carried out by the appropriate munici- pality. “This agreement will increase the effi- ciency of our own department and will help us fulfill our state obligation to extend our inter-local commitments. It will also bol- ster the relationship we already have with a neighboring community,” commented Midland Park Borough Clerk/Administra- tor Addie Hanna. Under the terms of the agreement, Mid- land Park will receive $80,000 per year or 75 percent of all fees collected, whichever is greater. Midland Park will be paid on a quarterly basis commencing April 1, 2014 at the rate of $20,000 per quarter for the first three quarters with an adjustment for the fourth quarter as may be applicable. Ho-Ho-Kus expects to save more than $100,000 per year under the merger, as Ho- Ho-Kus will no longer need to employ a construction official or the various inspec- tors and sub-code officials. As the lead agency, Midland Park will provide the construction official and all inspectors and sub-code officials for both municipalities. Ho-Ho-Kus will retain its zoning offi- cial, property maintenance official, fire official, fire prevention official, and fire inspector. Ho-Ho-Kus will continue to maintain a basic construction department, which will initiate permits and other paperwork, and will maintain related files. According to the agreement, the shared construction code official will maintain hours at the Ho-Ho-Kus Construction Department on Tuesdays and Thursdays from 3 pm. to 6 p.m. to meet with residents and contractors. However, the municipali- ties may change this schedule by mutual agreement. The CCO will also be available to answer questions by phone. Midland Park is not responsible for providing vehicles for code officials while they are working in Ho-Ho-Kus, and will not be responsible for mileage reimburse- ment. Fees will be collected in Ho-Ho-Kus, and that borough’s chief financial offi- cer will be responsible for maintaining a related account in conjunction with the Midland Park CFO. Each party will maintain its own insur- ance coverage. “The sole cost for enforcement activities including, but not limited to, legal actions and collection of any fines and/or penal- ties assessed or received as a result of legal action shall be borne by the municipality within which the violation occurred,” the agreement states. “Midland Park shall defend, indemnify, and hold harmless Ho-Ho-Kus from all suits, claims, costs, and damages, includ- ing attorney’s fees brought by any third parties and arising from any negligent act, error, or omission involving the CCO/sub- code official’s duties within Ho-Ho-Kus pursuant to the terms of this agreement,” the document adds. “In the event Midland Park is named in a lawsuit filed by anyone alleged to be aggrieved by or to void this agreement and to the extent such lawsuit is not covered by available insurance, Ho- Ho-Kus shall defend, indemnify, and hold harmless Midland Park and its officials from all liability and damages including attorney’s fees (at the Ho-Ho-Kus standard rate) and costs which may arise from such lawsuit. Midland Park shall have the right to select its own attorney to defend such uncovered claims.” The Ho-Ho-Kus Council adopted the merger resolution on Dec. 17. Midland Park, which previously voted to pursue the merger, was expected to finalize the agree- ment at its Dec. 19 meeting. Midland Park and Ho-Ho-Kus already have two inter-local agreements. Midland Park purchases gasoline/diesel fuel from Ho-Ho-Kus, and elected officials in Ho- Ho-Kus receive construction department services from Midland Park. In September, Ho-Kus Borough Administrator Don Cirulli reported that officials from multiple municipalities had contacted Ho-Ho-Kus concerning propos- als for shared service agreements. The outreach came after a state-level official stressed that New Jersey is encouraging municipalities to pursue inter-local ser- vice agreements that involve departmental mergers that will result in reduced costs and increased efficiency.