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<br />CITY OF SUNNY ISLES BEACH <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, entered into this t"'" dayof~.k.v. b.t.L 2005, by and <br />between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and COLLIN <br />BAENZIGER & ASSOCIATES (hereinafter referred to as the "Consultant"). <br /> <br /> <br />RECIT ALS <br /> <br />WHEREAS, the City is in need of certain consultant services; and <br /> <br />WHEREAS, the Consultant represents that it has expertise in recruiting executive officers and <br />related activities; <br /> <br />NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, <br />representations and warranties and other good and valuable consideration, the receipt and adequacy of <br />which is hereby acknowledged, the parties agree as follows: <br /> <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and <br />made a part hereof for reference. <br /> <br />2. CONSUL TING SERVICES. Consultant shall provide to the City, consulting services advice in <br />connection with the services as more particularly described in Attachment "A" attached hereto and <br />made a part hereof. <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in <br />Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this agreement <br />and shall end upon the completion of services described in Attachment "A", and may be extended as <br />necessary, in writing by the parties hereto. <br /> <br />4. COMPENSA TION. Payment to Consultant for all charges and tasks under this Agreement <br />shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". <br />The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with <br />the prior written approval of the City. If the City disputes any charges on the invoices, it may make <br />payment of the uncontested amounts and withhold payment on the contested amounts until they are <br />resolved by agreement with Consultant. <br /> <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent <br />contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any <br />action of the parties shall be construed to constitute or to render the consultant an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an independent contractor other than <br />those obligations which have been or shall have been undertaken by the City, Consultant shall be <br />responsible for any and all of its own expenses in performing its duties as contemplated under this <br />agreement. The City shall not be responsible for any expense incurred by the Consultant. The City <br />shall have no duty to withhold any Federal income taxes or pay Social Security services and that such <br />obligations shall be that of the Consultant, other than those set forth in this agreement. Consultant <br /> <br />Page 1 of5 <br /> <br />Collin Raen=/ger & Associates <br /> <br />S\B <br />