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