86-R-35RESOLUTION NO. 86-R-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE APPRO-
PRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA,
TO EXECUTE AN AGREEMENT TO CONTINUE THE PRO-
FESSIONAL SERVICES OF AN IN-HOUSE ENGINEER FOR
THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH, AND PRO-
VIDING 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 con-
tinue 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 reso-
lotions 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repealed.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 18th day of August , 1986,
and approved as provided by law.
This Resolution was introduced and sponsored by
Councilman Rotundo , 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
18th day of August , 1986, and authenticated
as provided by law.
ROLL CALL VOTE AS FOLLOWS:
MAYOR
• • •� �I 8 ONE
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Q
Authenticated this 18th day
This Resolution prepared
by:
EY
„o�-ZQ E�
COUNCIL ZONE HREE
Yes
C UNCILMAN-ZONE FOUR
of August 1986.
Mayo
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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
18th day of August, 1986, 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
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, 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
any other city official designated by the City
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.
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e. The Engineer agrees to be available for
consultation personally or through telephone con-
sultation 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 pro-
visions of this paragraph have been complied with if required.
4. The Engineer shall be solely responsible for the complete-
ness 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.
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.
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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, 1987, unless extended by mutual agree-
ment of the parties.
IN WITNESS WHEREOF, the Engineer and appropriate officials
of the City have hereunto set their hands and seals for the
purposes hereinabove expressed, this 20th day
FERRARA ENGINEERING, INC.
Approved as to legality
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CITY OF
MAY&rJOR
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ATTEST:
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CITY CLERK