02-14-2012 Employment Agreement Larry Brooks and Amendment-,f5
1-6 Employment Agreement
This Employment Agreement ("Agreement ") is entered into on February 14, 2012, by and
between the Town of Avon, a Colorado home rule municipal corporation ( "Avon "), acting by the
Avon Town Council, and Larry Brooks ( "Brooks ").
RECITALS
WHEREAS, Brooks has submitted a letter of resignation dated January 10, 2012, resigning from
the position of Town Manager of the Town of Avon; and,
WHEREAS, Avon desires to continue to employ Brooks to assist with the transition of the
position of the Town Manager and general management of the Town of Avon and to assist with
the pending litigation and pending settlement efforts between the Town of Avon, Traer Creek
Metropolitan District, Traer Creek LLC, and other parties as set forth in Case No. 2008 CV 385
and Case No. 2010 CV 316;
NOW, THEREFORE, in consideration of the mutual terms, conditions and payments contained
herein, the parties agree as follows:
1. Employment Status. Brooks shall be a full -time emolovee of the Town of Avon in
accordance with the terms of this Agreement.
QD 2. Relationship to Avon's Employee Handbook and its Employee Benefit Plan. The terms
of this Agreement shall supersede any employment term, provision or policy adopted by the
Town of Avon which is in conflict with this Agreement with the exception that the
provisions of the Avon Home Rule Charter shall supersede any term of this Agreement
which is in conflict with the Avon Home Rule Charter.
3. Town Manager. Brooks shall continue as the Town Manager of the Town of Avon until
February 29, 2012. Thereafter and until December 31, 2012, Brooks shall continue as a full -
time employee with the following job description:
Village (at Avon) and Transitional Advisor: Brooks shall advise Avon on the
history and facts of the Village (at Avon), shall advise Avon with regard to
pending settlement efforts, and shall cooperate with Avon with regard to
preparation for the trial of Case No. 2008 CV 385 and Case No. 2010 CV 316 in
Eagle County District Court. Brooks shall also advise on personnel, budget and
management matters related to the transition to a new town manager and shall
advise on pending projects. Brooks shall report to and take direction from the
Acting Town Manager or Manager and the Mayor, or from such person as the
Avon Town Council may designate. Avon shall provide office space, computer
equipment and administrative support as required for the performance of Brooks
duties.
Avon - Brooks Employment Agreement
February 9, 2012
Page 1 of 3
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4. Salary and Benefits. Brooks shall continue to receive salary and benefits at the rate that
Brooks received in 2011 through December 31, 2012, including the car allowance and
including the ability to accrue and carry -over unused leave time until the end of 2012.
Brooks shall no longer receive the benefit of use of the Town Manager residence or other
housing assistance from the Town of Avon as of March 1, 2012. Any unused leave time
which is not cashed out in 2012 shall be cashed out by January 11, 2013. All cashed out
unused leave time may be applied to retirement and savings plan contributions at the
discretion of Brooks.
5. Termination. Brooks may terminate this Agreement, with or without cause, by providing
fourteen (14) days prior written notice to Avon. If Brooks elects to terminate this
Agreement, Brooks shall not be entitled to any further compensation or benefits after the
effective date of termination. Avon may terminate this Agreement, with or without cause by
providing written notice to Brooks, which termination may be effective immediately or as
may be mutually agreed by Avon and Brooks. If Avon elects to terminate this Agreement
prior to December 31, 2012, Brooks shall be entitled to receive the salary and benefits set
forth in this Agreement for four (4) additional months after the date that written notice of
termination is tendered provided that Avon's obligation to provide salary and benefits shall
terminate on December 31, 2012, regardless of any remaining timeframe. All unused leave
time shall be cashed out or applied to retirement and savings plan contributions at the
discretion of Brooks within twelve business days of the effective date of termination unless a
later date is mutually agreed upon by Town and Brooks. Such four (4) months of additional
compensation and benefits shall constitute severance payment in compliance with Section 9.1
of the Avon Home Rule Charter. CQ
6. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Town, its officials, employees, contractors, or agents, or any other person acting on
behalf of the Town and, in particular, governmental immunity afforded or available pursuant
to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado
Revised Statutes.
7. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement.
It is understood and agreed that this Agreement does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all payment obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
Avon - Brooks Employment Agreement QD
February 9,2012
Page 2 of 3
4
AGREEMENT READ, UNDERSTOOD A
TOWN OF AVON
r•
i'
By:
ch Carroll, Mayor
Approved as to Form:
By:
Eri . eil, own Attorney
r Avon - Brooks Employment Agreement
February 9, 2012
Page 3 of 3
Amendment to Employment Agreement
This Amendment to Employment Agreement shall amend the Employment Agreement
( "Agreement ") entered into on February 14, 2012, by and between the Town of Avon, a
Colorado home rule municipal corporation ( "Avon "), acting by the Avon Town Council, and
Larry Brooks ( "Brooks ").
RECITALS
WHEREAS, Avon and Brooks desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual terms, conditions and payments contained
herein, the parties agree to extend the duration of the Agreement to and including March 31,
2013. All other terms and conditions of the Agreement shall continue in full force and effect.
AMENDMENT TO EMPLOYMENT AGREEMENT READ, UNDERSTOOD AND
AGREED:
TOWN OF AVON
By:
Rich Carroll, Mayor
Approved as to Form:
By:
Er' eil, Town Attorney
Avon - Brooks Amendment to Employment Agreement
October 19, 2012 ejh
Page 1 of 1
Attest: