HomeMy WebLinkAboutResolution No. 1975-32RE'SOLLFI'ION NO. 75 -32
A RESOLUTION RESCINDING RESOLUTION NO. 75 -29 AUTIIOR-
17,ING PAYMENT TO SLYMORL 1. GETZ FOR HIS SLR VICES AS
SUPERVISOR OF CONSTRUCTION Of-' RECREATION COMPLEX;
AUI'IIOR171NG CITY OF CAPE CANAVERAL TO ENTER INTO
AN AGREEMENT WITH JACK IIURCK I-Olt HIS SERVICE'S OF
SUPERVISOR OF CONSTRUCTION OF RECREATION COMPLEX;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution No. 75 -29, the City authorized execution
of an agreement between the City and Seymore 1, Getz for his services as
supervisor of construction of the Recreation Complex; and
1VIIEREAS, said agreement was not eXBCUCCd, due to the voluntary
resignation of the said Seymore I. Getz; and
WIILREAS, said Scymore 1, Getz did provide certain services to the
City, prior to his resignation; and
ICiIFRLAS, the Recreational Complex Committee has selected Jack
1lurck as supervisor of the construction of the Recreation Complex;
NOW, THEREFORE, 017 IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION I. Tint Resolution No. 75 -29, authorizing the City of
Cape Canaveral to enter Into an agreement with Scymore I. Getz for super-
vision of construction of a Recreation Complex is hereby rescinded.
SLCfION 2. The City Treasurer is hereby authorized to pay to
Scymore 1. Getz the sum of $360.00 for services rendered by him.
SECTION 3. The City Council hereby authorizes the Mayor and City
Clerk to execute an agreement between the City and Jack Ilurck for Mr.
Ilurek's sery as as City Supervisor of the Recreational Complex, a copy
of said agreement being attached hereto and by reference made a part
hereof. The funding of said agreement shall be from the Recreational
Complex 131111ding Fund and not from the general or other revenue accounts
of the City.
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) SECTION 4. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the Ci ty of Cape Canaveral,
Florida, this l2tYday of August, 1975.
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THIS ACRUMENT, made this 12th day of August, 1975, by and
between the CITY OF CAPE CANAVERAL, hereinafter called "City," and
JACK IIURCK, hereinafter called "Ilurck,."
It Is hereby agreed as follows:
In consideration of the mutual covenants contained herein, the
parties agree:
1. That the City tins, through Its Recreation Board, entered Into
multiple contracts for the construction of a recreation complex, said
contracts being with 13, P. M. Constructors, pulford Construction, Inc,.
and United Electric Co. of Jacksonville. None of said contractors have
been designated as prime contractor for the purpose of supervising con-
struction of the entire recreation complex.
2. The Cl ty agrees with Ilurck that Ilurck shall act as agent for the
City, for the sole purpose of supervising and monitoring the construction
of the recreation complex, and coordinating the efforts of the contactors
designated herein.
3. The term of this agreement shall be from August B, 1975 until
final acceptance of the project by the City.
d. It is agreed between the parties that Ilurck, in carrying out his
duties specified in this agreement, shall not be considered an employee of
the City, and Ilurck hereby specifically waives any right, claim or interest
which may otherwise Inure to a City employee. Ilurck shall have no author-
ity to enter Into any contractual relation with any other person or persons
on behalf of the City, nor shall he Incur any obligation or in any other way
obligate the City, without the express written consent of the Recreational
Complex Committee of the City, or the City Council of Cape Canaveral
Any contracts so entered Into by Ilurck, without approval of the City, shall
be considered null and void insofar as the City Is concerned,
5. It Is the Intent of the pvtics that this agreement is in the nature
of an agreement for professional services, and that the City shall incur no
obligation for workmen's Compensation injuries to liurck, unemployment
Insurance, or any other benefits which would inure to a City employee.
6. Ilurck shall have the following duties: he shall observe, monitor
and coordinate the efforts of the contractors named herein to insure com-
pliance with the contract documents which are the ob) igation of said
contractor and to Insure that all work thereunder is performed in accord-
ance with said documents and specifications, Ilurck shall also do those
things accessory to insure completion of the recreational complex within
the one hundred and twenty (120) days completions period agreed to by said
contractor. Nothing contained herein shall place the responsibility or
liability on Ilurck if said contractors do not complete said complex within
the one hundred and twenty (120) day period. Any disputes between Ilurck
and said contractors should be brought to the attention of the Chairman of
the Cape Canaveral Recreational Complex Committee, through the City
Manager.
Ilurck shall report to the Chairman of the Recreational Complex
Committee through the City Manager, and work under said Chairman's
direction through the City Manager. No direction shall be provided by any
other City employee or officer.
7. In consideration of the mutual covenants contained herein. Ilurck
shall be paid a total sum of Two thousand, one hundred and forty dollars
($2, 140.00). This amount shall be paid to Ilurck In increments Identical
to the percentage of the sum of the draw payments made to the contractors
named herein, less any sums earned previously. It Is agreed that the
amounts held by the City from said contractors as retalnage shall not be
used in computation of llurck's periodic payments. Said draw payments
shall continue until the total consideration provided for herein shall bepaid
2.
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MICROFILMED
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by the City to Hurck. The parties hereto agree that all such payments
made to Hurck are part of this contract price, and the City shall have no
obligation or duty to withhold from said payments any Federal withholding
tax, Social Security payments, or deductions required by Federal or State
law.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
CITY OF CAPE CANAVERAL, FLORIDA
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Attest:-
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`4,f C�.ty ,Cler ��w ACK HURCK
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WOLFMAN AND SCOTT. P.A.. POST OFFICE BOX 513. MERRITT ISLAND. FLORIDA 32952