Loading...
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 e1:1 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: