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HomeMy WebLinkAbout1985 Cassidy, Ray Employment Contract late CONTRACT OF EMPLOYMENT INTERIM FINANCE DIRECTOR THIS CONTRACT is entered into this 24th day of June, 1985, by and between the CITY OF ATASCADERO, State of California, (herein- after) referred to as "City" , and Raymond A. Cassidy, a contract person (hereinafter) referred to as "Contractor" . WITNESSETH: WHEREAS, the City of Atascadero desires to hire a person to fill, on an interim basis, the job classification of Finance Director and provide finance consultation, as requested by the City Manager; and WHEREAS, Contractor is qualified to perform such services for the City. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Contractor and Contractor hereby agrees to perform for City the services herein- after set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Service. Pursuant to this Contract, Contractor shall provide to the City the following services: to perform as Finance Director by accomplishing a variety of technical and professional tasks related to the management of the City' s Finance Department, including preparation of the City' s Annual Budget; to review and prepare reports and recommendations for current financial activities; and to accomplish those other duties and tasks normally performed by a Finance Director. Contractor shall perform said services and such other tasks as may be assigned by the City Manager under ' the supervision and control of the City Manager or his representative. 3. Contractor Status. Contractor understands and agrees that he is not, and will not be eligible for membership in or any bene- fits from any City group plan for hospital, surgical or medical insurance, or for membership in any City retirement program, or for paid holdays, vacation, sick leave, or other leave, with or with- out pay, or any other job benefits accruable to an employee in the service of the City. 1 *4 Contractor understands and agrees that his term of service is governed by this Contract, that no right of tenure is created hereby, and he does not hold a position in any department or office of the City, and that his service to the City under this Contract is governed solely and in all respects by the term of this Contract. 4. Warranty of Contractor . Contractor warrants that he is qualified to provide the services herein agree to. 5. Compensation. City shall pay to contractor as compensation in full for all services performed by Contractor pursuant to this Contract, the sum of $25.00 per hour. Additionally, the City shall. pay a lump sum of $50. 00 per day for expenses incurred, excluding mileage, in relation to work and services performed for the City. Mileage shall be paid at the City' s current mileage reimbursement rate for personal automobile usage in connection with work and services performed for the City and for commuting between Contractor ' s home and City offices. Claims for all compensation and expenses shall be submitted by Contractor in a timely manner and mileage charges shall be substantiated by use of City' s Mileage Expense Account form. Payments by the City shall be made in accordance with established City procedures on a bi-weekly basis to coincide with the City' s normal pay day. 6. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fourteen (14) calendar days' written notice of such termination, specifying the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termination. Contractor shall be paid for all work satis- factorily completed prior to the effective date of such termination. 7. Termination of Contract for Cause. If Contractor fails to fulfill in a timely and professional manner his obligations under this Contract, or if Contractor shall violate any of the terms or provisions of this Contract, City shall have the right to terminate his Contract effective immediately upon the City' s giving ten (10 calendar days' written notice thereof to Contractor . Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satis- factorily completed, as determined by City, prior to the effective date of such termination. 8. Modification. This Contract constitutes the entire under- standing of the parties hereto and no changes, amendments, or alter- tions shall be effective unless in writing and signed by both parties. 9 . Non-Assignment of Contract. The Contract is intended to secure the individual services of the Contractor . Any attempt by Contractor to assign, transfer , delegate or sublet this Contract or any interest therein without the City' s prior written consent shall cause this Contract to be null and void. 2 *AW 10. Covenant. The validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and gov- erned by the laws of the State of California. 11. Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 12. Actions. In the event of any action or suit upon this Contract, both parties shall be entitled to receive reasonable attorney' s fees and costs. It is agreed that any breach of this Contract by the Contractor shall entitle the City to apply to any ourt of competent jurisdiction to enjoin any violation, threatened or actual, of the Contract. 13. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this Contract in any manner forbidden by law. 14. Conflicts of Interest. No office, employee, director or agent of the City shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Contract or the pro- visions thereof. IN WHITNESS WHEREOF, City and Contractor have executed this Contract of the day and year first hereinabove set forth. CITY OF ATASCADERO BY: / 4 AC ROLFE JELSON, Mayor ATTEST: ROBERT M. , City Clerk CONTRACTOR: APPROVED AS TO CONTENT: RAYMOND A. CASSIDY MICHAEL SHELTON, City Manager 3 APPROVED AS TO FORM: ROGER LYPN, Inte i , Attor ey 4