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HomeMy WebLinkAbout25-0403 MGT Impact Solutions LLC (813) 327-4717 | 4320 W. Kennedy Blvd., Tampa, FL 33609 MGT.us SERVICES AGREEMENT THIS SERVICES AGREEMENT (“Agreement”) is entered into as of April 3, 2025 (“Effective Date”) between MGT Impact Solutions, LLC (“MGT”), and the City of Elgin, Illinois (“Client”), collectively referred to herein as the “Parties.” 1. THIS AGREEMENT. The Parties enter into this Agreement to set forth the general terms and conditions that will govern MGT’s provision of services to Client. 2. TERM. The term of this Agreement shall commence on the Effective Date and will continue until completion of Services. 3. SCOPE. The following Services shall be provided: complete a comparable community analysis and collect market data from the comparables on pay rate/ranges and bonus/wage increase structures for the City Manager position and salaries for the Mayor and City Council Member. Data will be summarized in a memo format for the City. 4. COST. Comparable Community Analysis - $1,950, Collect Data and Prepare Memorandum of Findings $4,290. Total: $6,240. 5. FEES AND PAYMENT. MGT will send an invoice upon delivery of the survey results. The invoice shall be due and payable within thirty (30) days of receipt. Billing Contact: _________________________ Billing Email: _________________________ 6. LOCATION. MGT will perform all services virtually. 7. INSURANCE. During the Term of this Agreement MGT will maintain standard insurance coverage with Certificates of Insurance to Client upon request. 8. LIMITATION OF LIABILITY. MGT shall not be held liable for factors outside of its reasonable control, including but not limited to losses or damages as a result of Client’s provision of inaccurate data. To the extent permitted by law, except for actions or claims resulting from MGT’s Gross negligence or intentional or willful misconduct, MGT’s total aggregate liability to Client shall be limited to the amount of compensation paid by Client to MGT under this Agreement in the twelve (12) months prior to the action giving rise to liability. 9. CONFIDENTIALITY. Each party shall maintain in confidence and protect from unauthorized disclosure all information exchanged between the Parties that is reasonably understood under the circumstances to be confidential, (“Confidential Information”). Confidential Information may be disclosed only to third parties with a need-to-know for the performance of Services and who are bound by confidentiality obligations no less restrictive than those herein. Notwithstanding anything to the contrary herein, the City’s good faith compliance with the provisions of the Illinois Freedom of Information Act (5 ILCS 140/1, et seq.) shall not be construed as, and shall not constitute breach of this Agreement. 10. MODIFICATION. This Agreement shall only be modified by written amendment signed by the Parties. 2 MGT.us 11. NON-DISCRIMINATION/EQUAL EMPLOYMENT PRACTICES. Neither party shall unlawfully discriminate or permit discrimination against any person or group of persons in any matter prohibited by federal, state, or local laws. 12. NOTICES. All legal notices required by this Agreement are deemed to have been given when notices are both (1) delivered by email to the email address below, and (2) following such email delivery, a mailed copy of the notice is delivered to the mailing address below. To MGT: To Client: Name: MGT Impact Solutions, LLC Name: Elgin, Illinois ATTN: Legal Notice/Contracts ATTN: Richard G. Kozal Address: 4320 West Kennedy Blvd. Address: 150 Dexter Ct. Tampa, FL 33609 Elgin, IL 60123 Email: contracts@mgt.us Email : Rick.Kozal@elginil.gov 13. THIRD PARTY BENEFICIARIES. Nothing in this Agreement is intended or shall be construed to confer upon any person or entity, other than the Parties hereto and their successors or assigns, any rights or remedies under or by reason of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Services Agreement. MGT IMPACT SOLUTIONS, LLC ELGIN, ILLINOIS ___________________________________ __________________________________ Name: A. Trey Traviesa Name: Richard G. Kozal Title: CEO Title: City Manager Date: Date: 4/16/2025