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HomeMy WebLinkAbout20121866.tiff WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT THIS WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT ("Contract")is entered this 1st day of July,2012,by and between Hank Rusch, ("Retired Employee"),and the County of Weld,State of Colorado("Weld County"). WITNESSETH: WHEREAS,Retired Employee has been employed by Weld County and intends to retire under the Weld County Retirement Plan("the Plan")on May 1,2006,and WHEREAS,post retirement,Retired Employee desires to be employed with Weld County,commencing on July 1,2012 under this Retired Employee Employment Contract in the position of Process Server and WHEREAS,Weld County sees the benefit of employing Retired Employee on a contract basis,so as to utilize his or her expertise and experience,and for training purposes,for a period of time which may or may not coincide with the time frame for contract employment desired by Retired Employee,and WHEREAS,the parties hereto enter into this Contract for the purpose of expressing the terms under which such contract employment shall occur. NOW,THEREFORE,in consideration of the terms and conditions set forth herein,the parties hereto agree as follows: 1. Retired Employee agrees to perform the duties of Process Server at a salary the same as Grade 20 Step 1 of the Weld County pay grade system. He or she is not eligible for step increases or promotions. Retired Employee's specific duties shall be as determined by his or her supervisor. Retired Employee may receive as compensation certain benefits normally provided to regular Weld County employees working the same number of hours,with the exception of the grievance rights and procedures found in Article IV of said Chapter 3. For example,Retired Employee may be eligible for health, dental and vision insurance either as a reemployed worker pursuant to this Contract,or through the retiree health plan,if he or she qualifies;however,Retired Employee shall not receive disability insurance coverage as compensation for the employment contemplated in this Contract. For detail as to specific applicable benefits,Retired Employee should confer with staff at Weld County Human Resources. 2. The employment contemplated in this Contract is"at-will." Both the Retired Employee and the County have the right to terminate this employment relationship at any time for any reason,upon providing to the other party written notice of such termination. This Contract does not create any right to or expectation of continued employment. ('ok 5 e pt . 2012-1866 1 C.c. F}R "LL-D42.7& 7- - 3. This Contract does not alter or diminish the right of the Board of County Commissioners of Weld County, and Weld County's elected officials and all department heads, to determine the structure and organization of the various departments of County Government which, in the sole opinion of such officials, shall create the greatest efficiency and highest level of service to citizens of the County. Such reasons may include, but are not limited to, the following: workload changes, program changes, privatization, contracting out, policy decisions, funding reductions, departmental reorganizations, downsizing, and increased efficiency, which reasons may result in the termination of this Contract. 4. Retired Employee shall be eligible to receive retirement benefits from the Plan based upon benefits earned under the Plan. Retired Employee understands that his or her contract employment with Weld County after his or her retirement shall not be counted towards years of service for the purpose of calculating any retirement benefits. After Retired Employee's retirement date as stated above, no additional contributions shall be made by the County to the Plan, nor shall any employee contributions be deducted from his or her salary. 5. For purposes of the Plan and the Internal Revenue Services, Retired Employee's contract employment status pursuant to the terms of this Contract is the same as a contract employee paid through the Weld County payroll and personnel system. Retired Employee's contract employment shall be subject to the terms set forth herein, and the Weld County working after retirement policies. 6. Retired Employee may not work more than 1,976 hours per calendar year, but may work less than this number of hours as agreed between the Employee and his or her supervisor. 7. Retired Employee's employment pursuant to this Contract shall be subject to regular performance reviews. As an "at-will" employee, Retired Employee may be terminated if performance of duties does not meet his or her supervisor's expectations. 8. Retired Employee acknowledges that prior to executing this Contract, he or she had the opportunity to consult an attorney of choice prior to its execution. 9. By signing below, Retired Employee affirms that no promise or representations have been made to him or her with respect to contract employment post retirement, other than what is stated in this Contract. In making his or her decision to retire, Retired Employee has not relied upon any statement or representation other than what is stated in this Contract. 10. This writing constitutes the entire Contract between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns. 2 11. It is expressly understood and agreed that the terms and of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Contract shall give or allow any claim or right of action whatsoever by any other person not included in this Contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Contract shall be an incidental beneficiary only. 12. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties may possess, nor shall any portion of this Contract be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Contract. The undersigned hereby enters into this Contract with a full understanding and acceptance of the terms and conditions herein specified. RETIRED EMPLOYEE: • Retired Emp oyee's Signature Date COUNTY OF WELD, STATE OF COLORADO: p rr' JUL 18 2012 Chairman, Board of Weld County Com�ss ners Date CON RRANCE: Elected Official/Department Head Date 3 o?D/a Ac) Hello