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HomeMy WebLinkAboutFLOYD G. BELSITO - 1980-09-15 (4)s s. AGREEMENT PHIS AGREEMENT is made on September -1-5-, 1980, by and between FLOYD G. BELSITO, herein called "EMPLOYEE," and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Cali- fornia, herein called the "CITY." The parties now desire to provide for an orderly, smooth transition of administrative office within the city. NOW, THEREFORE, the parties agree as follows: 1. Commencing October 2, 1980, EMPLOYEE shall be employed in a temporary cont;-act position as a Special Consultant, the term of such employment to continue until January 2, 1981, at 5 : 00 p.m., -at which time EITLOYEE' s contract shall terminate. 20 After October 2, 1980, EMPLOYEE shall receive health insurance and dental insurance; until and including January 2, 1981. During said periodj EMPLOYEE shall not accrue vacation or sick leave. Tn consideration of such benefits, EMPLOYEE waives any rights ') payment for accrued sick leave and vacation until January 2, 1981, at vrhich time all sums ,for previously accrued sick leave and vacation and any other amounts due shall be payable at the hourly rate as of October 1, 1980. 3. During the term of contract e.mplo;ynexit by the CITY as a Special Consull.tant, EMPLOYEE shall consuls and advise CITY cza matters related to city government', operations,, and administration l� 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 supervision of the City Administrator, and work at such hours and times as required by the City Administrator. EMPLOYEE shall be compensated for such service at the rate of $35 per hour plus auto allowance, and is authorized to work an average week of 20 hours per week and receive during the terra of this agreement the maximum sum of $10,045, payable in bi-weekly installments for hours actually worked. 4. CITY shall exert its best efforts to include EMPLOYEE within the scope and effect of its proposed amendment to its PERS contract, effective May 3r, 1981, to provide final compensa- tion based on a period of one year, as outlined in Government Code 920024.2. For purposes of the Public Employee Retirement Sys -Lem only, EMPLOYEE shall continue as an employee through the effective date of such amendment, if permissible under the Public Employees Retirement Law. 5. The parties each hereby fully release and discharge the other from any and all claims, rights, and actions whic"i either has or may have after tho signing of this agreement, arising out of any claims or disputes between them occurring prior to the date of this agreement, except a; otherwise expressly provided herein. 5. EMPLOYEE shall at all times faithfully, industriously, and to the best of his ability, experience and talent, perform 2 1 FM 11 11 all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of CITY. Additionally, EMPLOYEE agrees not to make any contracts, leases or other commitments for or on behalf of CITY without the written consent of CITY. 7. This written agreement contains the sole and entire agree- ment between the parties. It supersedes any and all other agree- ments between the parties. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with the other. 8. No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. Furthermore, no evidenle of any waiver or modification shall be offered or received in evidence in anj proceeding, arbi- tration, or litigation between the parties, prising cut of or 3. ■s. affecting this agreement, or the rights or obligations of any party herender, unless such waiver cr modification is in writ- ing, duly executed as aforesaid. The provisions of this para- graph may not be waived except as herein a,>t forth. 9. The parties understand that this agreement has been prepared by the City Attorney, who represents CITY and does not represent or advise EMPLOYEE. No representations are expressed or implied con3erning the legal or tax consequences of this agree- ment as to EMPLOYEE, and EMPLOYEE has been advised that he may consult with his own professional advisors, attorney, and/or accountant. 10, from and after January 2, 1981, EMPLOYEE shall have the right and o tion to participate in dental and health group insurance plans offered by CITY to its employees, to the same extent and with the same benefits and coverage applicable to management employees with 18 years' service; provided, however, that EMPLOYEE shall pay such share of the costs of coverage that would otherwise be allocated as the premium amount or cost for EMPLOYEE and dependent family members covered. 11. Should any term or provision of this contract be illegal, or not reasonably possible to perform, then the party having the duty of performance shall be excused from such per forniance for the duration of such illegality or impossibility. "Impossibility" as used herein, shall include impractibility of 4. performance because of excessive and unreasonable difficulty or expense. Dated: September 22, 1980 CITY OF HUNTINGTON BEACH, a municipal corporation O By PLOY 4G.BELSITO, EMPLOYEE Mayor APPROVED: APPROVED: SAIL HUTTON, City Attorney FRANK B. AgUELLO., _ Acting City Administrator APPROVED r!, .{ !4� D.l..F c! r �/,i. ~'y�� �sonnel and / Cabo, .Ife? ations �f.