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RESOLUTION NO. 2011-01 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY RESOLUTION PROVIDING FOR THE EMPLOYMENT OF AN ENGINEER FOR MAYFIELD VILLAGE, OHIO BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Mayor's reappointment of Thomas Cappello as Engineer for Mayfield Village, Ohio, is hereby confirmed subject to the terms, conditions and compensation hereinafter established. All other ordinances or resolutions inconsistent herewith are hereby and herein repealed. SECTION 2. Thomas Cappello is hereby employed and appointed as Engineer for Mayfield Village, Ohio, effective January 1, 2011, until December 31, 2011, or uritil his successor is appointed by the Mayor and confirmed by not less than four (4) members of Council, such employment to be terminable by either the Village or said Engineer upon thirty (30) days written notice to the other. SECTION 3. Said Thomas Cappello shall be compensated as follows, and the Mayor and the Director of Finance are hereby authorized to enter into an Agreement in writing with said Thomas Cappello whereby he will be paid on the following basis: (a) If the proceedings for any improvement are completed according to the usual schedule, as provided by law, so that the bids are received and a contract is awarded, he shall be paid a sum equal to 75 percent of the amount listed in Section 3(b); as the work progresses, he shall receive additional compensation equal to the balance of the fee listed in Section 3(b); said sum to be paid at the time the contractor's estimates upon which his payment is based, are presented for payment. Before the final estimate for the work is issued, any adjustment shall then be made so that the total fee paid him shall be equal to the percentages listed in Section 3(b). (b) That for such services in connection with construction of public improvements, where the estimated engineering and surveying fees are less than $25,000.00, he shall receive compensation on a percentage for the actual cost of construction of all improvements made by Council or under their control.