83-R-75RESOLUTION NO. 83-R- 75
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 FOR PROFESSIONAL SERVICES
WITH FRANK E. MARSHALL, TO PERFORM THE SERVICES
OF A PART-TIME CITY ENGINEER FOR THE CITY OF
EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS
OR PARTS OF 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 proper officials of the City of Edgewater, Florida,
to execute an agreement for professional services with Frank E. Marshall
to perform the services of a part-time 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 as if fully set forth.
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herewith be and the same are hereby repealed.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 meeting of said Council held on the ,,ILq&ay
Of , 19$ j, and approved as provided by law.
This resolution was introduced and sponsored by
and was read and passed by a vote of the City Council of the City of
Edgewater, Florida at a / meeting of said Council held on
the IL tday of �jey , , 1983, and approved as provided
by law.
ROLL CALL VOTE AS FOLLOWS:
Cityler
MAYOR
COUN9LWOMAN
�`
COUCOU ICIL� THREE
Authenticated this c%/a;�day of
'). 1983•
(DIt2L2L--
Mayor
Approved for legality and form:
City Attorney
va
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
day of November, 1983, by and between the CITY OF EDGEWATER, a municipal
corporation of the State of Florida, hereinafter referred to as the -,CITY'-
and Frank E. Marshall 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 a part-time City Engineer to perform all engineering services not
necessarily required from Briley, Wild b Associates, Inc.; and
WHEREAS, the Engineer was selected after due public announce-
ment through advertisements and public meetings; and
WHEREAS, the Engineer is desirous and willing to provide
professional 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, this professional services contract was arrived at after
competitive and open negotiations; and
WHEREAS, the Engineer warrants that he has not employed or
retained any companies or persons to solicit or secure this agreement and
that he has not paid or agreed to pay any person, company, corporation,
individual, or firm any fees, commissions, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this
agreement.
W I T N E S S E T H:
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 part-time engineer to perform all
engineering services not necessarily required to be performed by Briley,
Wild & Associates, Inc.
a. As compensation for said engineering services, the City
will pay the Engineer at the rate of Thirty Two Dollars and fifty cents
($32.50) per hour. Said compensation to be due and payable at the
completion of each project assigned by the City to the Engineer.
b. The Engineer is not an employee of the City and the City
shall not be responsible for any benefits such as vacation, hospital-
ization 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, compensation except as provided in paragraph (a) above.
2. The Engineer agrees to serve as the City's part-time 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 for
which the City is not legally obligated to utilize the services of
Briley, Wild & Associates, Inc.
-2-
b. To provide his own office, equipment and support
personnel necessary for the faithful discharge of his professional
responsibilities.
c. To perform his duties under the direction and coordination
of the City Clerk Administrator of the City of Edgewater, Florida, or any
other City official designated by the City Council as the project requires.
d. To perform his duties in conjunction with and cooperation
with all City departments and department heads as required.
e. The Engineer agrees to be available for consultation
personally or through telephone consultation and to provide all required
engineering services as per paragraph (c) above.
3• Before entering upon the performance of this contract, the
part-time 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 hereunder unless the provisions
of this paragraph have been complied with if required.
4. The Engineer shall be solely responsible for the completeness
and accuracy of any service rendered 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.
-3-
A
5. In addition to the above indemnification (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 shallbemade 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 February 21, 1984. Thereafter, the City and Engineer shall have
thirty (30) days to renegotiate this agreement by mutual accord of both
parties. Any work or services required to be rendered during this thirty
(30) day hiatus will be subject to the mutual covenants of this agreement.
If no new agreement is reached by midnight March 21, 1984, both parties
are hereby released from their respective obligations .and covenants under
this agreement with the exception of any ongoing unfinished project as
determined by separate mutual agreement. Renegotiations during the
thirty -day hiatus will be subject to all State and local laws including
the Consultants Competitive Negotiations Act.
IN WITNESS WHEREOF, the Engineer and appropriate officials
of the City have hereunto set their hands and seals for the purposes
hereinabove expressed, this a q day of _ ` zrr, , 1983.
RANK E. MARSHALL, ENGINEER ii'la L
WITNESS
MAYOR, Cl Y OF EDGEWATE' R WIT ESS
ATTEST:
Approved as to legality
City Clerk and
y A torn(!
-4- \__