87-R-40RESOLUTION NO. 87-R-40
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 -ROUSE 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
Edgewater, 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conflict herewith be and the same are hereby repealed.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 21st day of September , 1987, 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 21st day of September ,
1987, and authenticated as provided by law.
ROLL CALL VOTE AS FOL.
C011n lmt ZLOne' T r
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Councilman -Zone Four
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21st day of September , 1987.
Mayo
by:
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
21st day of September, 1987? by and between the CITY OF
EDGEWATER, a municipal ccorporation 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
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, 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,
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.
b. The Engineer is not an employee of the City and the
City shall not be responsible for any benefits such as vacation,
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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, 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 responsibilities.
C. To perform his duties under the direction of the City
Council of the City of Edgewater, Florida, or Council 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 hereunder unless the
provisions of this paragraph have been complied with if required.
4. The engineer shall be solely responsible for the
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completeness and accuracy of any service 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 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 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, 1988, 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 21st day of
September, 1987.
FERRARA ENGINEERR�IING, INC.
By:
Witness
ATTEST:
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CITY OF EDGEWATER
By-
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Witness