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RESOLUTION NO. 2009-01 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY RESOLUTION <br />PROVIDING FOR THE EMPLOYMENT OF AN ENGINEER <br />FOR MAYFIELD VII.LAGE, OHIO <br />BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, <br />THAT: <br />SECTION 1. The Mayor's reappointment of Thomas Cappello as Engineer for Mayfield <br />Village, Ohio, is hereby confirmed subject to the terms, conditions and compensation <br />hereinafter established. All other ordinances or resolutions inconsistent herewith are hereby <br />and herein repealed. <br />SECTION 2. Thomas Cappello is hereby employed and appointed as Engineer for <br />Mayfield Village, Ohio, effective January 1, 2009, until December 31, 2009, or until his <br />successor is appointed by the Mayor and confirmed by not less than four (4) members of <br />Council, such employment to be terminable by either the Village or said Engineer upon thirty <br />(30) days written notice to the other. <br />SECTION 3. Said Thomas Cappello shall be compensated as follows, and the Mayor <br />and the Director of Finance are hereby authorized to enter into an Agreement in writing with <br />said Thomas Cappello whereby he will be paid on the following basis: <br />(a) If the proceedings for any improvement are completed according to the usual <br />schedule, as provided by law, so that the bids are received and a contract is awarded, he shall <br />be paid a sum equal to 75 percent of the amount listed in Section 3(b); as the work progresses, <br />he shall receive additional compensation equal to the balance of the fee listed in Section 3(b); <br />said sum to be paid at the time the contractor's estimates upon which his payment is based, are <br />presented for payment. Before the final estimate for the work is issued, any adjustment shall <br />then be made so that the total fee paid him shall be equal to the percentages listed in Section <br />3 (b). <br />(b) That for such services in connection with construction of public improvements, <br />where the estimated engineering and surveying fees are less than $25,000.00, he shall receive <br />compensation on a percentage for the actual cost of construction of all improvements made by <br />Council or under their control.