HomeMy WebLinkAbout2004-141-12/07/2004-APPROVING A FIFTH ADDENDUM TO THE CITY ATTORNEYS EMPLOYMENT AGREEMENT RESOLUTION 2004-141
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIFTH ADDENDUM TO THE CITY ATTORNEY'S
EMPLOYMENT AGREEMENT
WHEREAS, Stephen J. Roy has been employed by the City Council as City Attorney since
June, 1988 and has served the City well in that capacity; and
WHEREAS, the City Council believes it to be in the best interests of the City that Mr. Roy
continue to serve as City Attorney; and
WHEREAS, in order to assure Mr. Roy's continuing employment with the City, it has
become necessary for the City Council to renegotiate his employment contract with the City; and
WHEREAS,the proposed changes to Mr. Roy's contract of employment,if approved by the
City Council, would take effect as of January, 2005.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Fifth Addendum to the City Attorney's Employment Agreement,attached hereto
as Exhibit "A" and incorporated herein by this reference, is hereby approved by the City Council,
and the Mayor is hereby authorized to execute the Fifth Addendum substantially in the form shown
on Exhibit "A" with such modifications, if any, as the Mayor may, upon consultation with the City
Manager and Mayor Pro Tem, consider to be in the best interests of the City.
Passed and adopted at a regular meeting of the City Council held this 7th day of December,
A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
FIFTH ADDENDUM TO THE
CITY ATTORNEY'S EMPLOYMENT AGREEMENT
THIS FIFTH ADDENDUM is made and entered into this day of December,2004,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").
WITNESSETH :
WHEREAS,the City and the Employee have previously entered into that certain agreement
dated December 17, 1991 (hereinafter referred to as the "Employment Agreement"), and have also
entered into four previous addenda to the Employment Agreement dated January 19, 1995; March
8, 1996; January 9, 2001; and December 11, 2003, respectively; and
WHEREAS, the City Council and the Employee have agreed upon certain additional
modifications to the Employment Agreement which they wish to set forth in this Fifth Addendum
to the Employment Agreement.
NOW,THEREFORE,in consideration of the mutual promises and benefits contained herein
and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree to amend the terms and conditions of the Employment
Agreement as follows:
Section 1. That Section 3 of the Agreement, pertaining to Salary, is hereby amended so as
to read in its entirety as follows:
SECTION 3. SALARY
A. The annual base salary of the Employee shall be payable in equal biweekly
installments at the same time and in the same manner as other employees of the City
are paid. In 2005,the City agrees to pay the Employee his current base salary of One
Hundred Twenty One Thousand, Five Hundred Ninety Dollars ($121,590) plus, on
a percentage basis,the same level of one-time or ongoing increase,if any,that is paid
to other unclassified management employees of the City. If the performance of the
Employee remains satisfactory to the majority of the City Council from the date of
this Addendum through the date of the Employee's 2005 performance review, then
the City agrees to increase the Employee's base salary to no less than One Hundred
Thirty Seven Thousand Dollars(($137,000)with said rate of pay to become effective
as of the first pay period in January 2006. If the performance of the Employee
remains satisfactory to the majority of the City Council through the date of the
Employee's 2006 performance review, then the City agrees to increase Employee's
base salary to no less than One Hundred Fifty Two Thousand Five Hundred Dollars
($152,500), effective as of the first pay period in January, 2007.
B. The Employee shall be reimbursed for his City-related personal vehicle use at the
prevailing City rate.
C. A salary review shall take place in November or December of each year, with any
subsequent modification of the Employee's salary to be approved by the Council by
ordinance and thereafter incorporated herein by reference without the necessity of
further modification of this Agreement by addendum.
Section 2. That Section 6 of the Agreement is hereby amended so as to read in its entirety
as follows:
SECTION 6. VACATION AND SICK LEAVE
A. The Employee shall be granted thirty-five(35)days of annual vacation
leave, commencing as of the first pay period in January, 2005 Five (5) days of such
vacation leave shall be credited to the Employee as of the first full pay period of each
year. The remaining balance of thirty(30)days of annual vacation leave shall accrue
throughout the remainder of each such calendar year at the bi-weekly accrual rate of
9.23 hours. Notwithstanding any City policy to the contrary, vacation leave accrued
and unused by the Employee shall be subject to the following terms and conditions:
(1) At any time during the term of this Agreement, but no more
than twice annually, the Employee may elect to receive the cash equivalent of a
portion of his accrued, unused vacation, based upon his then current rate of pay;
provided, however, that no more than one hundred twenty (120) hours of accrued,
unused vacation leave may be converted to a cash payment in any given calendar year.
The amount of said payment shall be based upon the Employee's current rate of pay
at the time of conversion.
(2) At the end of each calendar year, the balance of the
Employee's accrued,unused vacation leave remaining after any such cash conversion
shall be carried over to subsequent years,up to a maximum accrual of 780 hoursAny
balance in excess of 780 hours that exists as of the last day of the final pay period of
the calendar year shall be forfeited by the Employee. For the purposes of this
provision, the "final pay period of the calendar year" shall mean the last pay period
that begins in such year.
(3) Upon the cessation of the Employee's employment with the
City,whetherby termination,death,disability,resignation orotherwise,the Employee
shall be compensated by cash payment for the total amount of his accrued, unused
vacation leave balance. The amount of said payment shall be based upon the
Employee's then current rate of pay. Any payment made to the Employee under this
provision shall be in addition to any amounts previously paid for accrued, unused
vacation leave under subparagraph (2) above and any other amounts payable under
this Agreement.
B. The Employee shall be credited for and be entitled to receive those sick
leave benefits provided to all full-time classified City employees. The Employee shall
not be entitled to be paid for any earned but unused sick leave upon resignation or
termination from employment under this Agreement.
Section 3. That Section 9B of the Agreement,pertaining to Additional Benefits,is hereby
amended to read in its entirety as follows:
B. In addition to providing coverage to the Employee and his dependents under the City's
medical health plan, the City shall pay, up to a maximum of Eight Hundred Fifty
Dollars ($850) per calendar year, the cost of one or more medical examinations per
year by a licensed physician or physicians of the Employee's choice. These
examination(s)may include any tests or consultations recommended by the examining
physician(s). This provision shall be applied retroactively, commencing January 1,
2003. The foregoing maximum amount of Eight Hundred Fifty Dollars ($850) shall
be increased annually,commencing January 1,2005,to reflect any inflation in medical
costs, as indicated by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Indexes for Medical Care. The City's obligation to pay the cost of any
test or consultation which exceeds the foregoing maximum amount, or the cost of
treating any medical condition discovered during the course of such physical
examination(s) shall be limited to the benefits available under the City's then current
medical health plan. In order to determine which medical expenses of the Employee
are to be paid under this provision, the Employee shall first submit all such expenses
to the third party administrator of the City's medical health plan, and any expenses for
medical examinations, tests or consultations that are properly determined by such
benefits administrator to be ineligible for payment under the City's then current medical
health plan shall be paid by the City under this provision,up to the foregoing maximum
dollar amount.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Addendum to the City
Attorneys Employment Agreement to be executed as of the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Richard P. Brady, Special Counsel for the City
EMPLOYEE:
Stephen J. Roy