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HomeMy WebLinkAbout2022-08-23 Special Meeting Agenda1.Call to Order 2.Action Item 2.1 Resolution No. 41, Series of 2022, A Resolution Approving an Employment Agreement Between the Town of Vail and Russell Forrest 10 min. Approve Resolution No. 41, Series of 2022. Presenter(s): Krista Miller, Director of Human Resources and Matt Mire, Town Attorney Background: The Town wishes to retain the services of Russell Forrest to act as Town Manager. 3.Adjournment (1:40 estimate) VAIL TOWN COUNCIL MEETING Afternoon Session Agenda Town Council Chambers and Zoom 1:30 PM, August 23, 2022 SPECIAL Town Council Meeting Zoom Meeting Id: https://us02web.zoom.us/j/88046792322 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Resolution 41-2022 - Russell Forrest Agreement.pdf Town Manager-A082222 tov final.pdf Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 1 AGENDA ITEM NO. 2.1 Item Cover Page DATE:August 23, 2022 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Item SUBJECT:Resolution No. 41, Series of 2022, A Resolution Approving an Employment Agreement Between the Town of Vail and Russell Forrest SUGGESTED ACTION:Approve Resolution No. 41, Series of 2022. PRESENTER(S):Krista Miller, Director of Human Resources and Matt Mire, Town Attorney VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution 41-2022 - Russell Forrest Agreement.pdf Town Manager-A082222 tov final.pdf 2 RESOLUTION NO. 41 Series of 2022 A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND RUSSELL FORREST WHEREAS, the Town wishes to retain the services of Russell Forrest to act as Town Manager pursuant the agreement attached hereto as Exhibit A and incorporated herein by this reference (the "Employment Agreement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Employment Agreement in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Mayor to execute the Employment Agreement on behalf of the Town. Section 2. This Resolution shall take effect immediately upon Its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 23rd day of August 2022. ________________________________ Kimberly Langmaid, Mayor ATTEST: ______________________________ Stephanie Bibbens, Acting Town Clerk 3 1 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this 22 day of August, 2022 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Russell Forrest, an individual with an address of 188 Crocus Road, Gunnison, Co (“Forrest”) (each a “Party” and collectively, the “Parties”). WHEREAS, the Town wishes to employ the services of Forrest as Town Manager; WHEREAS, the Town wishes to provide certain benefits, establish certain conditions of employment and set working conditions for Forrest; and WHEREAS, Forrest wishes to accept employment as the Town Manager under the terms set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Employment. Pursuant to the terms of this Agreement, the Town agrees to employ Forrest as Town Manager, and Forrest accepts such employment. As the Town Manager, Forrest shall be responsible for the organization and efficient administration of all administrative departments of the Town, in accordance with applicable law and the job description attached hereto and incorporated herein by this reference. Forrest shall be subject to the Town’s personnel policies and procedures except to the extent they are inconsistent with this Agreement. During the term of this Agreement, Forrest agrees to remain in the exclusive employ of the Town and neither to accept nor to become employed by any other employer. The term “employed” shall not be construed to include occasional teaching, writing, or consulting, as approved by the Town Council, performed on Forrest’s time off with prior written approval of the Town Council. 2. Term. This Agreement shall begin on the Effective Date and continue for an indefinite term; provided that Forrest’s first day of employment with the Town shall be not later than 90 days from the full execution of this agreement or November 20, 2022, and further provided that nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Town Council to terminate the services of Forrest at any time for any reason, and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Forrest to resign at any time, for any reason. Nothing contained in this Agreement shall be deemed or construed as creating any property or other right to a continuation of Forrest's employment. Forrest will make all reasonable efforts without violating his contract with the City of Gunnison to participate virtually or in person in Vail Town Council meetings and other critical meetings between the execution of this contract and his first day of employment as requested by the Mayor and/or interim manager. Forrest will also make all reasonable efforts to move his start day closer to October 31st without violating his City of Gunnison contract. 4 2 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX 3. Compensation. For employment as Town Manager, Forrest shall be compensated at an annual base salary of $215,000, payable in installments at the same time as other full-time employees of the Town are paid. The Town Council may adjust the base salary and benefits as the Town Council determines appropriate, in the Town Council's sole discretion. Forrest shall be a full-time employee and shall be considered an exempt employee for purposes of the Fair Labor Standards Act and shall not be entitled to overtime. 4. Residency. Forrest shall reside within the Town and will occupy the Town Manager's residence on Arosa Drive as his primary residence. The Town will be responsible for capital expenses and insurance, and Forrest will be responsible for all day-to-day living expenses, including without limitation utilities and snow removal. In the event of termination of this Agreement, Forrest shall vacate the residence within 60 days. The Town will permit Forrest to have dogs and cats at the Town Managers residence. Forrest will have sole discretion on utilization of the lock off unit in the managers residence. 5. Benefits. In addition to the Compensation set forth in Section 3, Forrest shall receive the following benefits during employment as Town Manager: a. Insurance. Health, vision and dental insurance shall be paid by the Town for Forrest and Forrest's family, including eligible spouse and children under the age of 26 in the same manner as for all other full-time employees of the Town. Life insurance for $300,000 of term life insurance will be provided by the Town. b. Disability. The Town shall pay for short-term and long-term disability benefits for Forrest in the same manner as for all other full-time employees of the Town. c. Leave. Forrest shall receive holiday and vacation leave at the rate of 9.54 hours per pay period, in accordance with the Town’s personnel policies for other employees of the Town. Upon Forrest's first day of employment, the Town shall credit Forrest with 80 hours of leave. d. Retirement. The Town Manager shall be eligible for the same retirement benefits as provided by the Town to other employees of the Town. Forrest, given his previous employment history will be fully vested upon execution of this contract. e. Wellness. Forrest shall be eligible to receive reimbursement for a season Epic ski pass. In addition, Forrest shall be eligible for the employee wellness benefit in the same manner as for all other full-time employees of the Town (currently up to $800 per year). e. Other Benefits. Forrest shall be eligible for and may receive medical leave, workers' compensation, tuition reimbursement, life insurance, retirement and such other Town benefits in the same manner as for all other full-time employees of the Town. For purposes of benefits, Forrest's prior employment with the Town shall be considered vested. 5 3 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX f. Personal Vehicle. If the Town does not provide a Town-owned vehicle to Forrest, Forrest shall provide transportation by Forrest's own vehicle as necessary in the performance of duties, and the Town shall provide Forrest with an automobile allowance of $600 per month, with no additional mileage reimbursement. Forrest shall maintain all automobile liability insurance required by the State of Colorado. g. One-time Relocation Allowance. Upon commencement of Town Manager’s employment, the Town shall pay up to $10,000 (the “Relocation Allowance”), in one lump sum , upon receipt of moving costs. with any and all applicable taxes withheld, for use toward relocation expenses; provided, however, that Forrest must provide quotes from 3 different moving companies, and the Town will only reimburse for the lowest cost. If Forrest ceases employment for one of the reasons for which severance is disallowed within the first year, then the Forrest shall repay all relocation expenses paid by the Town, in full, either by set off or in cash within 30 days of Forrest's last day of employment, at the election of the Town. If Forrest ceases employment for one of the reasons for which severance is disallowed after the first full year but before the second full year, then the Town Manager shall repay half of all relocation expenses paid by the Town, in full, either by set off or in cash within 30 days of Forrest's last day of employment, at the election of the Town. h. Mobile Device. The Town shall provide for Forrest’s use a mobile telephone and shall pay all associated fees and charges in connection therewith. Forrest shall surrender said device upon termination of employment. i. Reimbursement of General Expenses. The Town recognizes that certain expenses of a non-personal and job-related nature will be incurred by the Town Manager, and hereby agrees to budget for and reimburse reasonable and documented general expenses. 6. Severance. a. Amount. If Forrest is terminated without cause, Forrest shall receive the amount of Forrest's then-current salary plus the health, vision, and dental insurance benefits set forth in Section 5.a (the "Severance Pay") as follows: if the last day of employment occurs within the first year in which Forrest holds the position of Town Manager, Forrest shall be entitled to receive 6 months of Severance Pay; and if the last day of employment occurs after the first year, the amount of Severance Pay shall increase by one month each year, up to a maximum of 9 months. b. Payment. Severance Pay shall be paid once as a lump sum amount and shall not be considered an extension of employment. Acceptance of Severance Pay by shall constitute a full release of any and all claims that Forrest may have against the Town, the Town Council, its members, or the employees and agents of the Town arising from or connected with Forrest's employment or the termination of such employment. c. Termination for Cause. If Forrest's employment is terminated for cause, Forrest shall not be entitled to Severance Pay. For purposes of this Agreement, "for 6 4 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX cause" means any of the following: (i) if Forrest is convicted of any criminal act involving personal gain to Forrest; (ii) if Forrest is convicted of a felony or any crime of moral turpitude; or (iii) if Forrest fails to perform any material term of this Agreement or job description, or is guilty of malfeasance, misfeasance, nonfeasance, or other gross negligence in responsibilities. Termination of Forrest's employment for any reason other than for cause, including without limitation non-appropriation of funds pursuant to Section 10.j, shall be deemed termination without cause and Forrest shall be entitled to receive Severance Pay. d. Resignation. If Forrest resigns from the position as Town Manager, Forrest shall not be entitled to Severance Pay. Forrest shall endeavor to provide at least 60 days prior notice of any resignation. 7. Performance Evaluations. The Town Council shall review and evaluate Forrest's performance at approximately 3 months and 6 months after Forrest's first day of employment and annually thereafter. 8. Professional Development. Subject to such amounts as may be budgeted, the Town, in its sole discretion, may fund Forrest's professional development by paying for professional development dues and subscriptions and by paying travel expenses for attendance at professional development functions, such as national or state conferences, seminars, and continuing education programs. 9. Indemnification. The Town shall defend, hold harmless and indemnify Forrest against claims and causes of action that may arise in the performance of Forrest's duties for the Town in accordance with the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. Forrest shall not, however, be indemnified for any act or omission that is willful and wanton as those terms are defined in the Colorado Governmental Immunity Act. 10. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. 7 5 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other; provided that Forrest's heirs shall be entitled to enforce this Agreement should Forrest become legally incapacitated or deceased, as applicable and provided by law. i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended (the "Act"), or otherwise available to the Town and its officers, attorneys or employees. In addition, while engaged in the performance of services under this Agreement and within the scope of the Town Manager's authority, Forrest shall be entitled to assert immunity under the Act. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Kim Langmaid, Mayor ATTEST: __________________________________ Town Clerk RUSSELL FORREST 8 6 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2022, by Russell Forrest. My commission expires: (S E A L) _______________________________ Notary Public 9 7 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX Exhibit A JOB DESCRIPTION TOWN MANAGER Job Description Job Summary: The Town Manager serves as the chief executive and administrative officer of the Town, responsible for the proper administration of all affairs of the Town. Supervision: Works under the direction of the Town Council. Essential Job Duties:  Hires, suspends, transfers and removes Town employees on the basis of ability, training and experience of such employee in the work which they are to perform.  Serves as supervisor of all department heads and administrative staff.  Attends Council meetings and, in an advisory capacity, participates in discussions with the Council.  Oversees preparation of an annual budget for Town Council approval and assumes responsibility for said budget after its adoption.  Makes financial recommendations to the Town Council for adoption and keeps the Council advised of the financial and future needs of the Town.  Prepares and submits to the Town Council a complete report on the finances and administrative activities of the Town for the preceding year at the end of the fiscal year and, upon request of the Town Council, makes written or verbal reports at any time concerning the affairs of the Town.  Establishes and maintains a system of accounting and auditing for the Town which reflects, in accordance with generally accepted accounting principles, the financial condition and financial operation of the Town.  Becomes and remains familiar with all terms and conditions of all Town contracts, and upon knowledge of any violation thereof, reports same to the Town Council for such action and proceedings as may be necessary to enforce the same.  Provides for engineering, architectural, maintenance, legal, planning, construction, and other services as required by the Town.  Works closely with the Town Council to implement its vision for the Town, and serves as the liaison between the Town Council and Town staff.  Assures representation for the Town on various boards, committees and taskforces concerning relevant local, state and national issues.  Represents the Town in local, regional, and statewide organizations.  Manages meetings with staff, consultants, elected officials, developers, other government organizations, and other individuals and groups.  Performs such other duties as prescribed by ordinance or applicable law or as required by the Town Council.  Demonstrates proactive leadership on economic development and retention, competitiveness, infrastructure, livability, and other factors that help the Town achieve, maintain and improve its reputation as a desirable place to live and work. 10 8 8/22/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWN MANAGER-A082222 TOV FINAL.DOCX Knowledge and Abilities:  Knowledge of the principles and practices of organizational management and public administration.  Knowledge of the principles, practices, and legal requirements of personnel management.  Knowledge of the principles and practices of municipal budgeting, budget preparation and fiscal administration.  Knowledge of management analysis, methods of policy formulation and implementation, and forms and records control including familiarity with basic computer word processing, data basing and spreadsheet applications as they relate to these issues.  Ability to manage a professional staff of municipal employees.  Ability to establish and maintain effective working relationships with employees, Town officials, residents, public groups, other agencies and peers in other communities. Special License, Registration, or Certification Required: Graduation from an accredited 4-year college or university with major coursework in public administration or business administration supplemented by graduate study in public administration or a related field and at least 5 years of municipal or county administration or research experience involving a variety of management, fiscal, personnel, and public relations activities or any equivalent combination of education and experience. Relationship of Town Council to Town Manager: Except for the purpose of inquiries, individual Town Council members shall deal with the Town staff solely through the Town Manager, and an individual Town Council member shall not give orders to any subordinate of the Town Manager. 11