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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