84-R-16RESOLUTION No. 84-R-16
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herewith be and the same are hereby repealed.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 day of 1984, and approved as
provided by law.
This Resolution was introduced and sponsored
and was read and passed by a vote of said
Council held on the day of 1984
and approved as provided by law.
ROLL CALL VOTE ON RESOLUTION 84-R-16 AS FOLLOWS:
ATTEST:
ITY CLERK
Authenticated this day of
, 198
Approved for legality and form:
CITY ATTORNEY
COUNCILMAN - ZONE ONE
OUNCILWOMAN - ZONE TWO
COUNCILMAN - ZONE THREE
COUNCILMAN - ZONE FOUR
-2- Res. 84-R-16
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
day of March, 1984, 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
& 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, gifts 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 under-
stood 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 Forty and No/100ths
($40.00) 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,
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 (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 coordi-
nation 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 consulta-
tion 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 port -time City Engineer, unless exempt by law, agrees to
take out or cause to be taken out, with a responsibile 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 hreunder unless the provisions
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 liabioity 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-
5. In addition to the above indemnification (paragraph
4 above), the Enginker 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 March 21, 1985. 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 April 21, 1985, 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. Renegotia-
tions 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
FRANK E. MARSHALL, ENGINEER
MAYOR, CITY OF EDGEWATER
ATTEST:
City Clerk
day of ,1983.
WITNESS
WITNESS
Approved as to legality
and form:
-4-
City Attorney