88-R-34o
RESOLUTION NO. 88-R-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO
EXECUTE AN AGREEMENT TO CONTINUE THE PROFESSIONAL
SERVICES OF AN IN-HOUSE ENGINEER FOR THE CITY OF
EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1: That the City Council of the City of Edgewater,
Florida, authorizes the appropriate officials of the City of Edge-
water, Florida, to execute an agreement for professional services
with Ferrara Engineering, Inc. to continue their services as
in-house City Engineer for the City of Edgewater, Florida.
SECTION 2: A copy of said agreement is attached to this
Resolution and by reference incorporated herein.
SECTION 3: That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
SECTION 4: That this Resolution shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, at a Regular meeting of said Council held on the
15th day of August , 198 8, and approved as provided by law.
This Resolution was introduced and sponsored by Councilman
Asting , and was read and passed by a vote of the City
Council of the City of Edgewater, Florida, at a Regular
meeting of said Council held on the 15thday of August
198 8 , and authenticated as provided by law.
ROLL CALL VOTE ON RESOLUTION NO. 88-R-39 AS FOLLOWS:
Authenticated this
day of-agt� ,198f
MAYOR
Approved for legality and
form:
T NEY
COUNCI 'N•o ZONr�•
COUNCILMAN - ZONE FOUR
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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
23rd day of August , 198 8 , by and between the CITY OF
EDGEWATER, a municipal corporation of the State of Florida,
hereinafter referred to as the "CITY" and "FERRARA ENGINEERING,
INC., of Volusia County, Florida, hereinafter referred to as
"ENGINEER".
WHEREAS, the City finds that it is in the best financial
interest of the taxpayers of the City of Edgewater, Florida, to
employ the services of an In -House City Engineer to perform all
engineering services not necessarily required from a consulting
firm; and
WHEREAS, the Engineer is desirous and willing to provide pro-
fessional engineering services to the City of Edgewater, Florida;
and
WHEREAS, the Engineer is qualified pursuant to law to render
the required services and certifies he possesses the capabilities
and experience necessary; and
WHEREAS, the Engineer warrants that he has not employed or
retained any companies or persons to solicit or secure this agree-
ment and that he has not paid or agreed to pay any person, company,
corporation, individual, or firm any fees, commissions, percentages,
gift or any other consideration contingent upon or resulting from
the award or making of this agreement.
WITNESSETH:
That in consideration of the premises and the benefits which
will accrue to the parties hereto in carrying out the terms and
conditions of this agreement, it is mutually understood and agreed
as follows:
1. The City hereby retains on an "as needed" basis, the
services of the Engineer to serve as the City's Engineer.
a. As compensation for said engineering services, the City
will pay the Engineer at the rate of Thirty Dollars ($30.00) per
hour, for the Engineer's time only.
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b. The Engineer is not an employee of the City and the
City shall not be responsible for any benefits such as vacation,
hospitalization insurance, or worker's compensation.
c. The Engineer shall provide professional services to the
City independently and pursuant to accepted principles of his
profession.
d. The City shall not be responsible for any other payments,
fees, or compensation except as provided in paragraph 1 above.
2. The Engineer agrees to serve as the City's City Engineer and
to discharge his professional responsibilities faithfully and to
the best of his ability, as follows:
a. To perform, as needed, those engineering services required.
b. To provide his own office, equipment, and support personnel
necessary for the faithful discharge of his professional responsi-
bilities.
c. To perform his duties under the direction of the City Council
of the City of Edgewater, Florida, as the project requires.
d. To perform his duties in conjunction with and in cooperation
with all City departments and department heads as required.
e. The Engineer agrees to be available for consultation and
to provide all required engineering services as per paragraph'c'above.
3. Before entering upon the performance of his contract, the In -
House City Engineer, unless exempt by law, agrees to take out or
cause to be taken out, with a responsible insurance carrier, authorized
under the laws of the State of Florida to insure employers against
liability for compensation under the worker's Compensation Law,
compensation insurance covering full liability for compensation
under said act, for any person, except a City employee, injured
while performing any work or labor for the Engineer incidental to the
performance of this contract. No payment will be made to the Engineer
unless the provisions of this paragraph have been complied with if
required.
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4. The Engineer shall be solely responsible for the complete-
ness and accuracy of any services rendered to the City, including
but not limited to all survey notes, plans, supporting data and
data for the specifications of any project and agrees to indemnify
and hold harmless the City from any loss or liability arising out
of errors or omissions in the plans and data submitted to the City
under this agreement irrespective of any City approval of the same.
5. In addition to the above indemnifications (paragraph 4
above), the Engineer shall correct, at his expense, all errors of
omission or commission therein which may be disclosed during the
review of a project. Correction of engineering errors disclosed
during any project shall be made by the Engineer. Should he fail to
make such correction in a timely manner, such correction shall be made
by the City, and the cost thereof shall be charged to the Engineer.
6. This Agreement shall take effect upon the adoption of a
resolution authorizing the appropriate officials to execute same.
7. The term of this Agreement will automatically expire at
midnight, August 10, 1989, unless extended by mutual agreement of the
parties. Either party may terminate this Agreement by serving a
written notice of its election to terminate, said notice shall be
served at least thirty (30) days prior to the projected termination
date.
IN WITNESS WHEREOF, the Engineer and appropriate officials of
the City have hereunto set their hands and seals for the purposes
hereinabove expressed this 23 day of August ,198 8
FERRARA ENGIN ERING, INC. CITY OF EDGEWATER / �Q
Witness:Witness
ATTEST:
ACTING CI ERK
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