HomeMy WebLinkAbout20080972.tiff RESOLUTION
RE: APPROVE FORM OF WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT
CONTRACT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with the Form of the Weld County Retired
Employee Employment Contract,which will be between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and various retired employees
of Weld County, with further terms and conditions being as stated in the form of said contract, and
WHEREAS,after review,the Board deems it advisable to approve the form of said contract,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Form of the Weld County Retired Employee Employment Contract
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and various retired employees of Weld County, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any contracts consistent with the form of said Weld County Retired Employee Employment
Contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/y
WELD COUNTY, COLORADO
ATTEST: n 4/
/ '�� stn H. Jerke, Chair
4 J n 1
Weld County Clerk to the Boars �> \,n
C
Robert D. Ma n, Pro-Tem
BY: f�
Deput lerk to the Bgar �?
`e Wil m F. Garcia
APP ED S M: _h
David E. Long
/7/Y ---N i \\
my Attorney
_/5—cue Doug Rade acher
Date of signature:
2008-0972
PE0025
WELD COUNTY
RETIRED EMPLOYEE EMPLOYMENT CONTRACT
THIS WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT
("Contract") is entered this day of , 20, by and between
, ("Retired Employee"), and the County of Weld,
State of Colorado ("Weld County").
WINES SETH:
WHEREAS, Retired Employee has been employed by Weld County and intends
to retire under the Weld County Retirement Plan ("the Plan") on
and
WHEREAS, post retirement, Retired Employee desires to be employed with Weld
County, commencing on , under this Retired Employee Employment
Contract in the position of , and
WHEREAS, Weld County sees the benefit of employing Retired Employee on a
contract basis, so as to utilize his or her expertise and experience, and for training
purposes, for a period of time which may or may not coincide with the time frame for
contract employment desired by Retired Employee, and
WHEREAS, the parties hereto enter into this Contract for the purpose of
expressing the terms under which such contract employment shall occur.
NOW, THEREFORE, in consideration of the terms and conditions set forth
herein, the parties hereto agree as follows:
1. Retired Employee agrees to perform the duties of at a
salary the same as Grade , Step of the Weld County pay grade system. This
salary shall be adjusted annually in the same manner as other Weld County employees in
similar positions. Retired Employee's specific duties shall be as determined by his or her
supervisor. Retired Employee shall also receive as compensation all benefits normally
provided to regular Weld County employees working the same number of hours, which
benefits are detailed in the Weld County Home Rule Charter and as adopted in Chapter 3
of the Weld County Code, with the exception of the grievance rights and procedures
found in Article IV of said Chapter 3. Additionally, Retired Employee shall not receive
disability insurance coverage as compensation for the employment contemplated in this
Contract. Retired Employee may be eligible for health, dental, and vision insurance
either as a reemployed worker pursuant to this Contract, or through the retiree health
plan, if he or she qualifies.
1
2008-0972
2. The employment contemplated in this Contract is "at-will." Both the Retired
Employee and the County have the right to terminate this employment relationship
at any time for any reason, upon providing to the other party written notice of such
termination. This Contract does not create any right to, or expectation of,
continued employment.
3. This Contract does not alter or diminish the right of the Board of County
Commissioners of Weld County, and Weld County's elected officials and all department
heads, to determine the structure and organization of the various departments of County
Government which, in the sole opinion of such officials, shall create the greatest
efficiency and highest level of service to citizens of the County. Such reasons may
include, but are not limited to, the following: workload changes, program changes,
privatization, contracting out, policy decisions, funding reductions, departmental
reorganizations, downsizing, and increased efficiency, which reasons may result in the
termination of this Contract.
4. Retired Employee shall be eligible to receive retirement benefits from the Plan
based upon benefits earned under the Plan. Retired Employee understands that his or her
contract employment with Weld County after his or her retirement shall not be counted
towards years of service for the purpose of calculating any retirement benefits. After
Retired Employee's retirement date as stated above, no additional contributions shall be
made by the County to the Plan, nor shall any employee contributions be deducted from
his or her salary.
5. For purposes of the Plan and the Internal Revenue Services, Retired Employee's
contract employment status, pursuant to the terms of this Contract, is the same as a
contract employee paid through the Weld County payroll and personnel system. Retired
Employee's contract employment shall be subject to the terms set forth herein, and the
Weld County working after retirement policies.
6. Retired Employee may not work more than 1,976 hours per calendar year, but
may work less than this number of hours as agreed between the Employee and his or her
supervisor.
7. Retired Employee's employment, pursuant to this Contract, shall be subject to
regular performance reviews. As an "at-will" employee, Retired Employee may be
terminated if performance of duties does not meet his or her supervisor's expectations.
8. Retired Employee acknowledges that prior to executing this Contract, he or she
had the opportunity to consult an attorney of choice prior to its execution.
9. By signing below, Retired Employee affirms that no promise or representations
have been made to him or her with respect to contract employment post retirement, other
than what is stated in this Contract. In making his or her decision to retire, Retired
Employee has not relied upon any statement or representation other than what is stated in
this Contract.
2
10. This writing constitutes the entire Contract between the parties hereto with respect
to the subject matter herein, and shall be binding upon said parties, their officers,
employees, agents and assigns.
11. It is expressly understood and agreed that the terms and of this Contract, and all
rights of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Contract shall give or allow any claim or right of action
whatsoever by any other person not included in this Contract. It is the express intention
of the undersigned parties that any entity, other than the undersigned parties receiving
services or benefits under this Contract, shall be an incidental beneficiary only.
12. No portion of this Contract shall be deemed to constitute a waiver of any
immunities the parties may possess, nor shall any portion of this Contract be deemed to
have created a duty of care which did not previously exist with respect to any person not
a party to this Contract.
The undersigned hereby enters into this Contract with a full understanding and
acceptance of the terms and conditions herein specified.
RETIRED EMPLOYEE:
Retired Employee's Signature Date
CONCURRANCE:
Elected Official/Department Head Date
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board , Chair
BY:
Deputy Clerk to the Board
3
Hello