HomeMy WebLinkAboutFLOYD G. BELSITO - 1980-09-15e
AGREEMENT
THIS AGREEMENT is made on Sep embe,, 15, 1980, by and batween
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FLOYD G. herein called. "EMPLOYEE," "6 thy. VITY OF
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hrUNT:INGTON EEACR,. a =nicipal corporation of the State of Call-
fornia, herein called the "GSTYi The pexties now desire
provide for an orderly, smooth transition of administrative
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office within the city,
NOW, THEREFORE, tlae parties agrre. as fol.l.ows>
Commencing October ? r 1980, E: PLOYEE shall be employed
in a temporary contract position as t Special Consultant, the
terry of .such employment to continue until January �a, 1981, at
:00 p.m,, , at which time B14PLOYEE¢s contract shall terminate.
2. After October 2, 1980, VMPLGYEE shall. receive ):eal.th
Insurance and dental insurance, until and inoludiM January ?,
1941,, During said period, EMPLOYEE shall :not accrue vacation
or zlc', leave. In eori ide ration of such benerits, EMPLOYP,*E
-waives any rights to paym,�nt for accrued k iak leave and vacation
�ititll 4a,nuary 2, 1-981, at whieb time all sums for previously
0,;ccrued sick l.ea,ve and vacation and any other amo=ts due shall
be payable i�.t the hourly rate as of October* 1, 1)80�
3. During the terra of contract emploSmerit by the Cl"?Y as
a Special Consultant BVIL YEE shall: consult axkrl tdvise CITY art
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mattora rotated to city goverment, operations, an4 adein* strati raze
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and perform such other duties and advise on such other matters as
may be assigned by the City Administrator. EMPLOYEE shall report
to and be under the s-pervision o3= the City Adminis, --ator, and.
work at such hours and times as required by the City Administrator.
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EMPLOYEE shall be compensated for such service at the rate of
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$35 per hour plus auto allowance, and is authorized to work an
average week of 20 hours pet week and receive during the term. of
this agreement the maximum sum of $10,045, payable in bi-weekly
instalLmeuts for hours actually worked.
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4.. CITY shall exert its best efforts to include EMP3:OYEE
within the scope and effect of its proposed amendment to its
PERS contract, effective May 30, 1981, to provide final. compensa-
tion .based on a period of one year, as outlined in Government Code
§20024.2. For purposes of the Public Employee Retirement System
only, EMPLOYEE shall continue as as employee through the effeative
date of such amendment, if permissible urler the Public Employees
Retirement Law.
5. The past' es t3ac'h hereby to l.ly release and discharge t�,e
other frow, any and all claims, rights, and acticns which either
has or Tay have after the signing of this agreement., arisi>,g oLlt
of any claims or disputes between them occv.rring prior to the
dA + of this agreement, except as otherwise expresslj provided
herein.
6. PMj?W YEE shall at all. timos faithfully, industriously,
and to the west of his ability, experience and talent, pform ex'.
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all duties that may be required of and from bimpursuant to the
express and Implicit terms hereof, to -the reasonable satisfaction
of CITY.
Additioaally, EMPLOYEE agrees not to make. any contracts,,
leases or other conmitments for or on behalf of CITY without the
written consent of CITY.
7. This wrlti',-,�n agreement contains the sole and entiz-e agree-
ment between the par -Les. It supersedes any and all other agree-
ments, between the parties. 'Phe parties acknowle0ge and agree that
rv)itber of tbem has made any vepresentation with respect to the
subject matter of 1.his agreement -,r any representations inducing
the execution and delivery heveo'C except such representations aa
are specifically set forth herein, and ea,�h party acknowledges
that he or, it has relied on his or its own ,,_gment in entering
Into the agraemeiit, "',%e parties further aoknowled$e that any
statements or representations that may have heretofore been made
by eil;heer of them 11,o t-be other are vold, and of no effect and tl%at
neither of the-m has relied thereon In connection with bis br its
8# No waiver or r4zdlficatio�i of this agreement or of any
covenant, condition, or limitation herein contained shall be valid
unleas Iii, -writing and dialy executed by the party to be (�barged
therewitb, Furthermore, no evIdence of any waiver or modification
04,11 be offered or received In evidence In any pr,.)ceeding, arbi-
tratlon, or litigation between theparties, .Aslng out of or
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affecting this agreement, or the r;tgrzts or obligations of any
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party hereunder, unless such waLver, or modi fteati.cn is in wit-
ing, duly executed as aforesaid. The provisions c!*` this para-
graph may not be waived except as herein set forth.
4, The par4 i:es understand that this agreement has been
propared by the City Attornev, who represents. CITY and does not
represent or advise 9MPLQYEE. No represent attoos are expressed
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or implied eonce'riiing tae Legal or tax conseqll.enee's of this agree--
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'fit '{](� (� '(��, 'y� 'y., �.} ,{ {. j� y�.}�
�j y,� �r j,, 5�{ (, �s and
went r s o P11FL7Sl YEE,�, and .U.UF�SJLfY3. R has A}cen 3' dv ized that be i({.ay
consult frith his own. professional advisors, attorney, and/or
accountant,
10. From and after January 2, 1581 EMPLOYES shall have
the right and opti.oq to participate in dental and health group
insurance plans offered by CITY zo its employees, to the sage
extaot and with the same benefits and coverage appl.iaabl.e t
management empl yetis with 18 years' ser lce provia d, however;,
th4t EXPLOYSE shall pay such share jai' the costs of oavera e
that would otharwi se be allocated as the premium vAou'at or
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cost. for MQTOYBg and dependent rtetaber,-ove'red.
11, Should any -term or provi.sioi Of this be
f Illegal, or not reasonably possible to perform, then the part
having the duty of performance shall be excused from such per-
forzande for toe duration, or such illegality or Impossibility.
"ZnpG1osibi.l.ite a,�, used herein, shall include impraotibility of
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perr orman^e because of excessive and uxreaeonable difficulty or
expense.
Dated_: September 22,, 1980 CI'IY OF I TMJGTON MACIf, ..
a municipal cor-gyration �
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Byo:
LO G. sELSIT-0r EMPL YEF, mayor*.._ s,
APPROVED APPROM:
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IL Fauwm, city Attorneyµ � FRANK B. , UEi.,L'j_
City Administx`atGt'
re o r o > rsonne a.n,
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