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HomeMy WebLinkAboutwill.dale.emp.conEMPLOYMENT AGREEMENT WITH DALE WILL, OPEN SPACE AND TRAILS DIRECTOR AGENDA ITEM SUMMARY REGULAR MEETING DATE: AGENDA ITEM TITLE: STAFF RESPONSIBLE: August 11, 2004 Employment Contract Hilary Smith DESCRIPTION OF ISSUE: Attached for your consideration and approval, please find the employment contract for the Open Space and Trails Director. RECOMMENDED ACTION: Approve as requested. EMPLOYMENT AGREEMENT DIRECTOR, OPEN SPACE AND TRAILS THIS AGREEMENT, made and entered into this day of August 2004, by and between the County of Pitldn, Colorado, a body politic and corporate, (hereinafter called the "County") and Dale Will, (hereinafter called "Will"). RECITALS 1. Pitldn County has employed Will as the Director for the Open Space and Trails Program, under terms and conditions set out in a written contract dated May 5, 1999. 2. The Parties have agreed to modify certain terms and conditions of employment and enter a new employment agreement incorporating the modified terms. 3. All prior contracts and agreements between the parties are cancelled and have no further effect. NOW, THEREFORE, in consideration of the mutual promises set forth below, the sufficiency of which is acknowledged by both parties, it is agreed as follows: 1. Employee's Responsibilities. As Director of Open Space and Trails, Will shall aggressively work to acquire the maximum amount of desirable open space and trails throughout Pitkin County. Duties shall include administering the maintenance of existing Pitkin County Open Space and Trails; direct and supervise staff of the Open Space and Trails Program; facilitate Open Space and Trails Board meetings; prepare budgets and facilitate accounting procedures, all as set forth more fully in the job description entitled "Director of the Open Space and Trails Program," attached and incorporated by this reference as Exhibit A. 2. Terms of the Agreement. The term of this Agreement shall be for one year from the date of initiation. a. Base Salary. The County shall, during the term, and subject to the termination provisions set forth in Exhibit A, employ Will in the position of Director of Open Space and Trails Program. Will's salary will be at a base compensation level of $76,853.92 p~r annum. Will's salary shall be reviewed annually. b. Benefits. Will shall receive, as a part of his compensation from the County, all of the standard County fringe benefits as may be provided to all other full-time regular employees of the County, including but not limited to health and dental insurance, retirement benefits, vacation and sick time. The County reserves the right to alter or eliminate these benefits to Will if the benefits are altered or eliminated for all County employees. Previously accrued benefits under previous employment agreements shall continue forward. c. Salary Increases. Increases in compensation will occur upon the recommendation of' the Open Space and Trails Board, consistent with budgetary allocations made for such purpose, and upon the approval of the Board of County Commissioners. This compensation shall be paid in the same manner as any other Pitkin County employee as provided in the Personnel Policies and Procedures Manual as that manual may be modified from time to rime. d. Performance Review. Will's salary will be reviewed annually by the Board of County Commissioners and the Open Space and Trails Board. The Board of County Commissioners, through the County Manager, and the Open Space and Trails Board shall consider Will's job performance over the preceding period, including, among other things, progress in dealing with the issues and tasks previously identified and prioritized by the Open Space and Trails Board. In addition to an annual salary review, the Board, through the County Manager and the Open Space Trails Board will conduct an annual performance review pursuant to Pitkin County's policies and procedures, in which compensation increases will not be considered. The Pitkin County standard compensation program shall not apply. 3. . Section_Head Status. For budgetary and purchase authorization purposes, Will shall be considered a Section Head within the County structure and shall comply with the budgetary policies of Pitkin County. As such, Will may approve all purchase orders and contracts for which he is responsible, consistent with the annual Open Space and Trails budget, for amounts up to $50,000. The County Manager, as provided for in BOCC Ordinance 056-2001, adopted December 5, 2001, shall approve any purchase orders or contracts in excess of $50,000. 4. Applicability of Personnel Policie,~, Pursuant to this Agreement, the personnel policies set fo~h in the Pitldn County Personnel Policies and Procedures Manual shall be applicable to Will, with the exception of the Grievance/Appeal Procedures. 5. .Exclusive Employment Any outside employment shall be subject to the restrictions of Personnel Policy #505, Pitkin County Personnel Policies and Procedures Manual as that manual may be modified from time to time. 6. Cancellation of the Agreement. a. Will shall serve at the pleasure of the Board of County Commissioners; however the Board, as part of the consideration paid for Will's employment hereunder, agrees that it shall not cancel this agreement, except upon the consent of the Open Space and Trails Board taken at a regularly scheduled meeting of the Open Space and Trails Board. Nothing would preclude the Board of County Commissioners from terminating the Director for cause pursuant to County 2 personnel policies and procedures either with or without the consent of the Open Space and Trails Board. b. In the event that the Board should ask for Will's resignation fi:om employment at any time in accordance with Paragraph 6a, Will shall submit his resignation immediately, to be effective thirty days thereafter. c. Will may cancel this Contract and terminate his employment with 30 (thirty) days prior written notice to the County Manager. d. Severance Compensation. Should either party, at any time, cancel this contract and terminate Will's employment, Will shall be entitled to an amount of severance pay equivalent to three months salary at the rate of payment existing at the time of cancellation of the conlract and termination of employment. Both parties recognize and acknowledge that this conlract cannot be cancelled nor Will terminated for acts that are constitutionally protected or for reasons that violate Will's civil fights. 7. Supervision. Will shall be supervised by both the Open Space and Trails Board and by the Board of County Commissioners. The Board of County Commissioners hereby delegates its supervisory responsibilities to the County Manager, who shall supervise Will's performance with respect to policies and procedures applicable to the County and County employees in general. The Open Space and Trails Board will supervise with respect to the goals of the Open Space and Trails program. Will shall not take any vacation leave or administrative leave without prior consultation and approval of the County Manager. 8. ~. This Agreement is not assignable by either party and may only be modified or amended in writing, signed by both Will and the County. 9. Annual Appropriations. The financial obligations of the County contained in this contact are subject to annual appropriation of funds by the BOCC acting in its governmental capacity. 10. Agreement made in Colorado. The parties agree that this agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue for resolution of contract issues is agreed to be exclusively in the Pitkin County District Court for the State of Colorado. 11. Attorney's Fees. In the event legal action is necessary to enforce or interpret any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 12. Renewal. This contract will automatically renew for successive one year terms unless cancelled by either party as provided. 3 IN WTrNESS VOtEREOF, the Parhes have executed this Agreement as of the date first set out herein above. BOARD OF COUNTY COMMISSIONERS Dorothea Farris Chair AP ,I~ROVED~S TO CONTENT: Ann~,Ricke~augh, Chai[c Opeff Space & Trails Board of Trustees Hilary Ft(e~cher Smith County M~anager qOo~'John Ely,~ey C:~home\janea\lGAs,Leases,Agreements~DaleWillEmploymentContract.doc 4