HomeMy WebLinkAbout25-115 Appointing an Interim Town Manager Agreement Raelynn Ferrera 11-12-2025RESOLUTION NO, 25415
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A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO APPOINTING AN INTERIM TOWN MANAGER AND APPROVING A
TEMPORARY ASSIGNMENT AGREEMENT PERTAINING THERETO
WHEREAS, the Town of Firestone`s ("Town") Town Manager, A.J. Krieger, has voluntarily resigned that position
effective November 5, 2025, which resignation has been accepted by the `I"own Board; and
WHEREAS, the Town Board finds it is necessary to appoint an individual to serve as town manager on an interim
basis while the Town Board conducts a search and recruitment for a new town manager, and
WHEREAS, Martha Raelynn Ferrera has been employed by the Town as the Assistant Town Manager since
February ° 2023; and
WHEREAS, during the interim period between Mr. Krieger's final day as Town Manager on November 5, 2025,
and until a new Town Manager is duly appointed and commences work for the Town, the Town Board desires to appoint
Ms. Ferrera as Interim Town Manager to have and perform all duties, responsibilities, functions, and authority of the town
manager, and
WHEREAS, Ms. Ferrera desires to accept the appointment to serve as Interim Town Manager pursuant to the terms
and conditions set forth in the "Temporary Assignment Agreement Interim Town Manager" attached to this resolution.
NOW, THEREFORE E IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO:
Section 1. The Town Board hereby appoints Martha R.aelynn Ferrera to serve as the Interim Town Manager
of the Town of Firestone and to have and perform all duties, responsibilities, functions, and authority of the town manager
as set forth in state statutes and the Firestone Municipal Code, such appointment effective and commencing on November
12, 2025, and extending until the first day a duly appointed Town Manager commences work for the "Town;
Section 2m The Town Board hereby approves the "Temporary° Assignment Agreement Interim Town
Manager" between the Town and Ms. Ferrera in substantially the same form as the copy attached to this resolution, with
such with such additions or modifications as the Town Attorney and the Ad Hoe Interim Manager Committee may determine
to be necessary and appropriate to protect the interests of the Town or to effectuate the purposes of this Resolution. The
Mayor is authorized to execute said agreement on behalf of the town.
PASSED AND ADOPTED this) .t` y of 2025,
ATT. , T:
IS TEMPORARY ASSIGNMENT AGREEMENT (Agreement') is entered into this cay of
o by and between MARTHA RAELYNN FERRERA (referred to as `"Ms.
Ferrera or the "Interim Town Manager") and the TOWN OF FIRESTONE, COLORADO. a
statutory municipality of the State of Colorado (the '"Town'"). The Town and the Interim Town
Manager may he collectively referred to herein as the ""Parties."
WHEREAS, the Town desires to retain the services of an Interim Town Manage' to temporarily
perform the general duties of the Town Manager, pursuant to applicable state laws and as
provided in Chapter 2.12 of the Firestone Municipal Code ("Municipal Code, and this Agreement;
and
WHEREAS, it is the desire of the Town of Firestone Hurd of Trustees ("Town Hoard") to provide
certain benefits and establish certain conditions of temporary employment for the Interim Town
Manager; and
WHEREAS, Ms, Ferrora currently serves as Assistant Town Manager, is qualified to accept the
temporary assignment and employment by the Town as Interim Town Manager, and is willing to
assume the duties of Interim Town Manager„ and
WHEREAS, the Parties wish to set forth the terms governing this temporary assignment..
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement. the
Parties mutually agree as follows,
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1.1Duties. The Town shall employ Ms. For 'era as Interim Town Manager to perform the
functions and duties of the Town Manager as specified in state statute, the Municipal
Code, this Agreement, as such authority may be amended, and any other applicable laws,
ordinances, resolutions or directives promulgated by the Town Hoard. The Interim Town
Manager shall perform any legally permissible and proper duties and functions as the
Town Board shall from time -to -time assign to her as Interim TownManage' . The Interim
Town Manager shall take direction from the Town Hoard, as a whole. Individual Board
Members shall not give direst orders to the Interim Town Manager,
1.2 Exclusivity. The Interim Town Manager shall be in the exclusive employ of the Town, and
shall neither accept other employment nor become employed by another employer while
serving as the Interim Town Manager.
1.3 Present Duties as Assistant Town Manager; Ms. Ferrera`s current duties as Assistant
[own Manager are incorporated into her Interim Town Manager responsibilities: Ms;
Ferrer a' may at any time for any or no reason assign and delegate all or portions of her
present responsibilities and duties of the Assistant Town Manager to one or more qualified
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Town employees or presently engaged independent contractors with the Town during her
performance as Interim Town Manager, as deemed most efficient and effective by her.
Such delegation, however, shall be made in writing. In the event of such delegation, Ms.
Ferrera shall be necessarily obligated and engaged to supervise and assist the person in
the transition and performance of such delegated responsibilities or duties.
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(i) Any violation of the Municipal Code of Conduct/Code of Ethics, as may be
amended, or Colorado ethic laws applicable to local government
employees, or
(ii) Any breach of the terms of this Agreement by Ms. Ferrera; or
(iii) Any failure to obtain, and maintain, a security clearance pursuant to the
Federal Bureau of Investigation's "Criminal Justice Information System
Security Policy" that would allow unaccompanied, roaming access to all
secure areas of the Police Department (which requires a national finger-
print records check through the Colorado Bureau of Investigation); or
(iv) Injury to the economic or ethical welfare of the Town by Ms. Ferrera's
misconduct or inattention to her duties and responsibilities under this
Agreement, including engaging in any activity that the Town Board, in its
sole discretion, determines creates a substantial and legally recognized
conflict of interest with the Town, a breach of the public trust as defined by
Title 24, Article 18, of the Colorado Revised Statutes, or objectively and
reasonably creates the appearance of moral turpitude; or
(v) Any violation of a term of the Town's employee handbook or other
employment policies; or
(vi) Engaging in any of the following forms of misconduct:
a. conviction of any felony or any other illegal act involving moral
turpitude, fraudulent conduct, or personal gain to the Interim Town
Manager;
b. conviction of any felony; or
c theft of Town property or public funds, or material misuse of any
assets of the Town; or
d, insubordination, nonfeasance, misfeasance, or malfeasance in the
performance of duties as such terms are defined and interpreted by
Colorado law; or
the use of controlled substances on Town premises,or appearing
on such premises while intoxicated or under the influence of alcohol
or drugs not prescribed by a physician; any illegal use of any
controlled substance; or illegal gambling on Town's premises.
If the Interim Town Manager's employment is terminated by the Town for cause,
Ms. Ferrera shall be entitled to receive only the salary and associated benefits as
outlined in Section 3 through the date of termination.
C Commencement of Employment of New Town Manager, This Agreement shall be
deemed terminated in its entirety without further action of the Parties upon the date
of commencement of employment of a person appointed by the Town Board to
serve as the chief executive officer and Town Manager for the Town, In such
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event, Ms. Ferrera shall cooperate and assist the Town in the transition of her
duties to the appointed Town Manager and shall be eligible for and may elect to
resume her position as Town Assistant Town Manager.
D Resignation of Appointment Ms. Ferrera may voluntarily resign her appointment
as Interim Town Manager at any time for any or no reason upon written notice
delivered to the Town Board provided that: (i) the effective date of such resignation
is not less than ten (10) business days following delivery of such notice. Between
notice and the effective date of resignation, Ms. Ferrera shall cooperate and assist
in the transition of her duties to another person designated by the Town Board to
assume the interim duties of Ms. Ferrera, Upon the effective date of such
resignation this Agreement shall be deemed terminated in its entirety without
further action of the Parties Ms. Ferrera shall be eligible for restoration to and may
elect to resume her former position as Assistant Town Manager.
E. Resignation of Town Employment., Ms. Ferrera may voluntarily resign all
employment in all capacities with the Town at any time. Upon such resignation,
this Agreement shall be deemed terminated in its entirety without further action of
the Parties.
F. D sability. In the event of disability of Ms. Ferrera, the Town Board may elect, in
its sole discretion, to release Ms. Ferrera from employment hereunder and may
thereafter terminate this Agreement without need for further action by the Parties
upon such date of incapacity. `"Disability" means Ms. Ferrera's physical or mental
incapacity resulting in Ms Ferrera being unable to perform the duties, with or
without reasonable accommodation, for any consecutive six-month period if the
disability is work -related or three month period if other than work -related, or for any
six non-consecutive months in any consecutive twelve-month period due to a work -
related injury or any three non-consecutive months in any consecutive twelve
month period due to an injury or condition that is not work -related. Any question
as to the existence of the Disability of Ms. Ferrera as to which Ms. Ferrera and
Town cannot agree shall be determined in writing by a qualified independent
physician as appointed by Town and Ms. Ferrera (or Ms. Ferrera's representative).
The determination of Disability in writing made to the Town and Ms. Ferrera by the
qualified independent physician shall be final and conclusive for all purposes of
this Interim Agreement. Nothing in this provision or Agreement shall be construed
as a waiver of Ms, Ferrera's rights under the Americans with Disabilities Act, where
applicable.
Effect of Agreement Termination and Resumption of Duties as Assistant Town Manager.
A. In the event this Agreement is terminated, and Ms. Ferrera is both eligible to be
restored and does resume duties as the Assistant Town Manager in accordance
with this Agreement, then
(i) Ms. Ferrera shall resume all duties, salary, benefits, and responsibilities
then -existing as Assistant Town Manager immediately prior to the time of
her appointment to the position of Interim Town Manager, provided,
however, that amendments, changes, decreases, or increases in any
benefits accruing to all other similarly situated executive level personnel
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shall be effective as to the position of Assistant Town Manager and Ms,
Ferrera:
(ii) Ms, Ferrera's compensation shall be adjusted back to her Assistant Town
Manager salary in effect immediately prior to the Effective Date,
(iii) Ms. Ferrera will be subject to the provisions contained in the Town's
personnel policies, with all benefits existing thereunder as of the date M.
Ferrera is restored to the Assistant Town Manager position, subject to all
applicable leave accrual rates that were in effect for M. Ferrera
immediately prior to the Effective date.
(iv) Ms. Ferrera shall receive merit pay adjustment for the salary of the position
of Assistant Town Manager effective upon resumption of her duties as
Assistant Town Manager, which adjustment shall be equal to the highest
merit pay increaseawarded to the members of senior staff.
B The Town shall not consider any errors, omissions, or deficiencies in Ms. Ferrera
performance, as Interim Town Manager in any subsequent review or evaluation
of Ms. Ferrera's performance as Assistant Town Manager except to such extent
that any error, omission, or deficiency was found to violate the Municipal Code
of Conduct/Code of Ethics, as may be amended.
3.1 Compensation, During the period of service as Interim Town Manager, Ms. Ferrera shall
continue to receive the same pay and benefits associated with her current position as
Assistant Town Manager. In addition, and in consideration of the performance of duties
as Interim Town Manager, the Town shall compensate the Interim Town Manager as total
compensation as follows:
A An additional monthly compensation payment in the amount of $1,500lmonth for
services rendered pursuant to this Agreementpayable in like time and manner as
other Town employee compensation. This monthly incentive shall be in effect
beginning on the Effective Date and remain in effect for the term of this Agreement
unless modified by mutual written agreement of the Parties.
B. An bonus payment of $5,00000 for services rendered pursuant to this Agreement,
to be paid in a lump sum at the next payroll period occurring after the effective date
of termination.. Such payment shall be subject to all applicable deductions and
withholdings.
C. Full -Time. The position of Interim Town Manager is an exempt position under the
provision of the Fair Labor Standards Act. As such, the Interim Town Manager
shall not be bound by the record keeping or overtime provisions of the Act and
shall not earn overtime pay or compensatory time.
3.2 Benefits. . Ms. Ferrera shall retain all accrued retirement benefits, paid time off, and other
leave earned as Assistant Town Manager through the Effective Date. As Interim Town
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Manager, she will continue to accrue paid time off at the rate specified in the Firestone
Employee Handbook, including applicable accrual and carryover limits. She will also
continue to receive insurance benefits, paid holidays, and other leave provided to exempt
executive -level employees under the Employee Handbook. The Town will continue
mandatory PERA retirement contributions in accordance with M. Ferrera's tenure and
the Employee Handbook but will not contribute to her voluntary PERA 457 plan.
A General Business Expenses, The Town shall reimburse Ms. Ferrera for her
actually incurred and documented reasonable business expenses of a directly job -
related nature (documented in accordance with Town policies for reimbursement
of expenses) to the extent funds are budgeted by the Town Board, including
reasonable and necessary travel and subsistence expenses, which are mutually
determined necessary for the Interim Town Manager to adequately pursue official
and other functions for the Town.
B. Dues and Subscriptions. The Town shall budget and pay for reasonable
professional dues and subscriptions of the Interim Town Manager in CML, ICMA,
CCMA, or other professional organizations, which assist Ms. Ferrera in performing
her duties as the Interim Town Manager and maintaining business relationships
beneficial to the Town's interests.
4.1 Maims Challenging Town Law, Ordinance, ule, or Policy/Procedure, In the event any
claim is asserted by a third -party against the Interim Town Manager in her official capacity
alleging that any law, statute, ordinance, rule or approved Town policy or procedure is
unlawful, unconstitutional or otherwise improper, then:
A. The Town may, at its sole discretion, decide how to defend, to not defend, to settle,
to confess, to compromise, or to otherwise direct the manner in which such claim
is addressed; and
B. The Interim Town Manager shall reasonably cooperate with the Town in any Town
defense of such claim; and
C. To the extent authorized by law and without waiving the provisions of the Colorado
Governmental Immunity Act, the Town shall indemnify and hold the Interim Town
Manager harmless for any damages, liability, or court awards, including costs and
attorney's fees that are or may be awarded as a result of any loss, injury or damage
sustained or claimed to have been sustained by any third -party, including but not
limited to, any person, firm, partnership, or corporation, in connection with or
arising out of such claim challenging a Town law, ordinance, rule; policy, or
procedure,
4 2 Indemnification for Claims Within Scope of Employment For any claim not within the
scope of Section 4,1 above and the greatest extent required or permitted by law, the Town
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expressly agrees to indemnify and hold harmless Ms. Ferrera from any and all damages,
liability, or court awards, including costs and attorney's fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed to have been sustained by
any third -party, including but not limited to, any person, firm, partnership, or corporation,
in connection with or arising out of any negligent conduct, error, omission, or act of
commission by Ms. Ferrera which conduct, error, omission, or act is in the scope of her
duties as the Interim Town Manager. The Town's obligation to indemnify pursuant to this
Section shall survive the termination of this Agreement and shall be applicable regardless
of whether Mss Ferrera remains an employee of the Town.
5.1 No Multiple Year Obligation. Nothing in this Agreement shall create a multiple -fiscal year
financial obligation as contemplated and as prohibited by Article X, § 20 of the Colorado
Constitution,
5.2 Binding Effect, The Parties agree that this Agreement, by its terms, shall be binding upon
the successors, heirs, legal representatives, and assigns.
5,3 No T ird arty Beneficiaries. Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third -party. Absolutely no third -party beneficiaries are intended by this Agreement. Any
third -party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
5.4 Governing Law, Venue, and Enforcement This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising
under this Agreement shall be in the appropriate court for Weld County, Colorado. To
reduce the cost of dispute resolution and to expedite the resolution of disputes under this
Agreement, the Parties hereby waive any and all right either may have to request a jury
trial in any civil action relating primarily to the enforcement of this Agreement. The Parties
agree that the rule that ambiguities in a contract are to be construed against the drafting
party shall not apply to the interpretation of this Agreement.
5.5 Survival of Terms and Conditions, The Parties understand and agree that all terms and,
conditions of the Agreement that require continued performance, compliance, or effect
beyond the termination date of the Agreement shall survive such termination date and
shall be enforceable in the event of a failure to perform or comply.
5.6 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Agreement shall not be assignable.
5,7 Integration and Amendment, This Agreement represents the entire and integrated
agreement between the Town and the Interim Town Manager and supersedes all prior
negotiations, representations, or agreements, either written or oral. This Agreement may
only be amended by a written instrument, duly executed by each Party.
5.8 everability. Invalidation of any of the provisions of this Agreement or any paragraph,
sentence, clause, phrase, or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement.
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5.9 Notices. Any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid, addressed to the Party to whom such notice is
to be given at the address set forth below or at such other address as has been previously
furnished in writing, to the other Party. Such notice shall be deemed to have been given
when deposited in the United States Mail properly addressed to the intended recipient:
If to the Town:
Mayor
Town of Firestone
9950 Park Avenue
Firestone, Colorado 80504
With Copy to.
Town Attorney
13133 E Arapahoe Rd., Suite 100
Centennial, Colorado 80112
If'to the Interim Town Manager:
Martha Raelynn Ferrera
Town of Firestone
9950 Park Avenue
Firestone, Colorado 80504
510 Counterparts. This Agreement may be executed in counterparts. The signatures required
for execution may be transmitted by facsimile or electronically (scan and e-mail), and such
facsimile or electronic signatureshall be deemed a duplicate original, shall be effective
upon receipt, may be admitted in evidence, and shall fully bind the party making such
signature.
El
By.
Don cnyac ir.. Mayoi
I'P }V TO FORM:
For Town Attorney's Office
i , *
Ferrera
STATE OF COLORADO
ss
COUNTY OF iEL
Inc foregoing Temporary Assignment Agreement was acknowledged before me this day
of 2i;5 by Martha Raelvnn Ferrera.
Witness ny hand and official seal. 0
so
STA1. C
d T YILA 01 7447
My commission expires: I
Nt3tarf iblic {Required for ell contracts pursuant to C.R.s,_§ s --4a- 02(b)(OVJ,j
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