84-R-38RESOLUTION NO. 84-R-38
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 I. That the City Council of the City of Edgewater, Florida authorizes
the proper officials of the City of Edgewater 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be and the same are hereby repealed.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 n4.,�eeting of said
Council held on the �10 day of August, 1984, and approved as provided by law.
This Resolution was introduced and sponsored by iQi &' iU,?ilr
and was read and passed by a vote of the City Council of the City of Edgewater,
t Florida, at a n g hy,,ameeting of said Council held on the -`-day of
,1�984,and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
MA • CO CILMAN-ZONE ONE
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• N 'O • / W•
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ATTEST:
ON f
ZONE THREE
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•jb / - ZONE FOUR.�
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Res. 84-R-38
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PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT AND AGREEMENT, made and entered into this
gday of August, 1984, 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 capa-
bilities 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,
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 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 consultation and to provide all
required engineering services as per paragraph c above.
3. Before entering upon the performance of this contract,
the In -House City Engineer, unless exempt by law, agfees 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 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
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, 1985, 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 day of August,
1984.
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