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<br />AGREEMENT FOR PUBLIC WORKS DIRECTOR SERVICES <br />BETWEEN THE CITY OF ELK RIVER AND <br />BDM CONSULTING ENGINEERS <br /> <br />THIS AGREEMENT, effective the 10th day of July, 2007, by and between the <br /> <br />CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and BDM Consulting <br /> <br />Engineers and Surveyors, a Minnesota LLP ("BDM"). <br /> <br />NOW, THEREFORE, in consideration of the mutual undertakings herein, the <br /> <br />parties hereto agree as follows: <br /> <br />1. SERVICES AND RELATIONSHIP. <br /> <br />A. BDM shall furnish and perform municipal public works director <br /> <br />services to the City. The services provided shall include all of the Essential Functions <br /> <br />listed on the attached City of Elk River Public Works Director Position Description <br /> <br />("Position Description") and other duties as assigned by the City Council and City <br /> <br />Administrator. <br /> <br />B. The services provided pursuant to this Agreement shall be <br /> <br />performed in a manner and at a level of competence which is consistent with the <br /> <br />qualifications set forth in the Position Description and the City's standards and <br /> <br />requirements that apply to a City Department Head position. <br /> <br />C. BDM shall assign its employee Terry Maurer to work exclusively and <br /> <br />on a full time basis on this assignment. <br /> <br />D. BDM shall be engaged as an independent contractor to the City and <br /> <br />Mr. Maurer shall be a BDM employee, not a City employee. <br /> <br />E. Mr. Maurer will work under the direction of the City Administrator. <br /> <br />1 <br />