[Smit's Contract, signed with Hunter; date = Mar 17, 1997]
WHEREAS, Smit desires to accept employment as a Special Senior Investigator for the District Attorney; and WHEREAS, the District Attorney has determined what a reasonable compensation will be for a Special Senior Investigator, and has offered Smit employment for such compensation and on the terms as hereinafter set forth, and Smit is willing to accept employment on such terms, NOW THEREFORE in consideration of the promises and of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:
1. Employment. The district Attorney hereby employs Smit and Smit hereby accepts employment with the District Attorney upon the terms and conditions set forth below.
2. Term. The term of this Agreement (the "Term") shall be from the date of the execution of this Agreement by both parties until December 31, 1997, subject to the termination provision contained herein.
3. Duties. During the Term of this Agreement, the Employee shall assume and discharge the responsibilities of Special Senior Investigator on the JonBenet Ramsey homicide investigation and prosecution, and such other responsibilities as may be prescribed by Smit's supervisors. Smit shall devote his best efforts, knowledge and skill on a full-time basis o the performance of his duties as aforesaid.
4. Compensation. In consideration of the services rendered by Smit to the District Attorney under the terms of this Agreement, the District Attorney shall pay or cause to be paid to Smit a salary at the rate of $5,000 per month, payable on the last day of each month. The parties agree that Smit shall not be entitled to, or compensated for, any overtime pay. Smit shall not be compensated for any mileage he puts on his personal vehicle - but Smit shall issued a Boulder Country driver number and a personal identification number and is allowed to unrestricted use of Boulder County fuel for his personal automobile during the term of this Agreement.
5. Benefits. This Agreement sets forth all of the terms, conditions and benefits of Smit's employment with the District Attorney and Smit agrees that the Boulder County Personnel Manual shall not apply in any way to Smit's employment with the District Attorney and Smit waives all rights and benefits under the Boulder County Personnel Manual. Thus, by way of example, but not as an exhaustive list, Smit shall not be entitled to participate in any Boulder county insurance or retirement plans or be eligible for standard Boulder County vacation or medical leave, or any disciplinary procedures set forth in the Boulder County Personnel Manual.
6. Social Security, Unemployment Insurance, Withholding Taxes and Workers' Compensation. The District Attorney shall cause the County of Boulder to make contributions through payroll, make matching contributions, fund, pay premiums or withhold from any payments made under this Agreement, any amounts that may be necessary, appropriate or required under applicable provisions of the laws concerning Social Security, unemployment insurance, FICA and local taxes, and Workers' Compensation.
7. Termination. The District Attorney, in his discretion, with or without cause, may terminate Smit's employment with the District Attorney at any time during the Term of this Agreement. Smit may terminate his employment with the District Attorney at any time during the Term of this Agreement. Said termination shall be effective immediately upon the receipt of written notice of either parties' intention to terminate the employment relationship. Upon receiving said written notice of termination, all rights, duties and obligations of both parties, except those which are are expressly stated to survive this Agreement, shall cease.
8. Nondisclosure of Information. Smit agrees that he will not, either during the Term of this Agreement or at any time thereafter, disclose to anyone (except to the extent authorized in writing by the District Attorney) any confidential or proprietary information concerning the business or affairs of the District Attorney and/or the County of Boulder or the Ramsey homicide investigation and/or prosecution which he may have acquired in the course of or as incident to his employment or prior dealings with the District Attorney and/or the County of Boulder.
9. Representation and Warranty. Smit represents and warrants to the District Attorney that he is not now under any obligation to any person, form or corporation which is inconsistent or in conflict with this Agreement, or which would prevent, limit or impair in any way the performance by him of his obligations hereunder.
10. Notices. Any and all notices referred to shall be sufficiently given if in writing and upon mailing by registered or certified mail, postage prepaid, to either party at the address of such party or such other address as shall have been designated by written notice by such party to the other party. For purposes of notice, the District Attorney's address shall be and remain:Boulder District Attorney's OfficeP.O. Box 471Boulder, Colorado 80306
11. Assignment. This Agreement is personal to each of the parties hereto, and neither party may assign nor delegate any of the rights or obligations hereunder without first obtaining written consent of the other party.
12. Entire Agreement and Future Modifications. This Agreement supersedes any and all prior written or oral agreements between the District Attoney and or the County of Boulder and Smit and may be amended, modified or superseded only by a written Agreement signed by both the parties.
13. Severability. If any one or more provisions of this Agreement shall be found to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired thereby.
14. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, U.S.A.
15. Appropriation. This Agreement is subject to the appropriation of funds for the fiscal year 1997 by the County of Boulder. If such funds are not appropriated, the District Attorney has the right to terminate this Agreement and be released from all obligations under this Agreement, and both parties shall be released herefrom.
IN WITNESS WHEREOF, the parties have executed this Agreement that day and year first above written.
Alexander M. Hunter,Boulder County District Attorney