HomeMy WebLinkAbout1996-030-03/05/1996-CITY ATTORNEY EMPLOYMENT AGREEMENT STEPHEN ROY RESOLUTION 96-30
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE A SECOND ADDENDUM
TO THE CITY'S EMPLOYMENT AGREEMENT WITH STEPHEN J. ROY
AS CITY ATTORNEY OF THE CITY OF FORT COLLINS
WHEREAS, on June 7, 1988, Stephen J. Roy was appointed to serve as City Attorney for
the City of Fort Collins; and
WHEREAS, on December 17, 1991, the City entered into a revised employment agreement
with the City Attorney which expires March 31, 1996; and
WHEREAS,the City Council and the City Attorney now wish to make certain amendments
to the Agreement and to extend the term thereof.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that the Mayor is hereby authorized to execute on behalf of the City an addendum to the
Agreement in the form shown on Exhibit "A", attached hereto and incorporated herein by this
reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
5th day of March, A.D. 1996.
Mayor
L
ATTEST:
DWx�IL� A1FSwa
City Clerk O
Exhibit "A"
SECOND ADDENDUM
THIS SECOND ADDENDUM is made and entered into this day of
19, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation
(hereinafter referred to as "the City"), and STEPHEN J. ROY (hereinafter referred to as "the
Employee").
WHEREAS, the City and the Employee have previously entered into an Employment
Agreement dated December 17, 1991 ("the Agreement"), and an Addendum dated January 19, 1995
("the First Addendum"), whereby the City has employed the Employee as City Attorney of the City
of Fort Collins, subject to certain terms and conditions contained in the Agreement and the First
Addendum; and
WHEREAS, the parties hereto wish to amend the Agreement and the First Addendum
according to the terms and provisions of this Second Addendum.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the
parties, the parties agree to be legally bound as follows:
1. That Section 2.C. of the Agreement is hereby amended so as to read in its entirety as
follows:
C. Upon the termination date provided in Section 2(B) above, this
Agreement shall be automatically extended for successive two(2)year periods unless
either party has given at least sixty (60) days advance notice in writing to the other
party of intent not to so extend. If the City decides not to extend this Agreement for
any such additional two (2) year term and so notifies the Employee, then the
Employee shall be entitled to severance pay and the extension of medical insurance
coverage as described in Section 5. All extensions of this Agreement shall be on the
same terms and conditions as herein provided, except to the extent that such terms
and conditions are expressly modified in writing by Agreement of the parties.
2. That Section S.C. of this Agreement be amended so that the reference to "paragraph
C." in the last sentence be changed to "paragraph B," so as to read as follows:
B. This liquidated damages provision shall not apply if the Employee
resigns under the circumstances described in paragraph B of this Section or because
of a disability as described in Section 7.
3. That Section 6. of the Agreement shall be amended so as to read in its entirety as
follows:
SECTION 6. VACATION.
As an inducement to the Employee, the Employee shall be granted twenty-
five (25) days of vacation leave each year. At the end of each calendar year, any
unused vacation leave accrued by the Employee shall be carried over to the ensuing
calendar year; provided,however, that in no event shall] the total amount of vacation
leave accrued by the Employee during the Employee's term of employment with the
City exceed 1,040 hours. Upon the cessation of the Employee's employment with
the City, whether by termination, death, disability or resignation, the Employee shall
be compensated by cash payment for the total amount of his accumulated vacation
leave balance. This amount shall be in addition to any other amounts payable to the
City under this Agreement.
4. That Section 9. of the Agreement be amended so as to read in its entirety as follows:
SECTION 9. ADDITIONAL BENEFITS.
A. Except as otherwise provided by this Agreement, the City shall put
into force for the Employee for the same insurance benefit packages and plans that
it offers or provides to all other City employees, and shall make such premium
payments therefor as are made by the City for all other City employees. Said benefit
packages and plans currently include, without limitation, group life, accidental death
and dismemberment insurance,long-term disability insurance, dental reimbursement
plan, dental insurance, vision insurance, and major medical insurance.
B. In addition to providing major medical insurance coverage to the
Employee and his dependents, the City shall pay, in each year the Employee is
employed with the City under this Agreement, the reasonable cost of an annual
physical examination of the Employee by a qualified physician of his choice. Such
physical examination may include, without limitation,periodic cardiovascular stress
tests at such intervals as may be recommended by the Employee's physician.
C. Notwithstanding any other provisions of this Agreement to the
contrary, in the event that the Employee dies during the term of his employment with
the City, or his employment under this Agreement is terminated because of the
Employee's disability, the City shall continue to provide to the Employee's spouse
and minor children such health insurance benefits as are then available to the spouses
and dependents of City employees. The premium amount to be paid to the City for
such insurance coverage, by or on behalf of said spouse and/or dependents, shall be
determined by the City's Director of Human Resources,and shall be not less than one
hundred percent (100%), nor more than one hundred thirty percent (130%), of the
City's cost for such insurance coverage.
5. Except as expressly modified herein, all terms and provisions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this Second Addendum to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed
and executed this Second Addendum, both in duplicate, as of the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
EMPLOYEE:
Stephen J. Roy