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HomeMy WebLinkAbout2001-003-01/02/2001-AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDUM TO THE CITYS EMPLOYMENT AGREEMENT WITH STEPHEN J. RESOLUTION 2001-3 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A THIRD ADDENDUM TO THE CITY'S EMPLOYMENT AGREEMENT WITH STEPHEN J. ROY AS CITY ATTORNEY OF THE CITY OF FORT COLLINS WHEREAS,the City and Stephen J.Roy(the "City Attorney")have previously entered into that certain Agreement dated December 17, 1991 (hereinafter referred to as "the Employment Agreement"), and have also entered into two addenda to the Employment Agreement dated January 19, 1995, and March 8, 1996, respectively; and WHEREAS, the City and the City Attorney have agreed upon certain additional modifications to the Employment Agreement which they wish to set forth in a Third Addendum to the Employment Agreement. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the changes proposed to the City Attorney's Employment Agreement, as shown on Exhibit "A", attached hereto and incorporated herein by this reference, are hereby approved by the Council. Section 2. That the Mayor is hereby authorized to execute on behalf of the City the Third Addendum to the City Attorney's Employment Agreement in the form shown on said Exhibit "A". Passed and adopted at a regular meeting of the City Council held this 2nd day of January, A.D. 2001. Mayor ATTEST: %kul City Clerk EXHIBIT A THIRD ADDENDUM TO CITY ATTORNEY'S EMPLOYMENT AGREEMENT THIS THIRD ADDENDUM is made and entered into this day of January,2001,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 two addenda to the Employment Agreement dated January 19, 1995,and March 8, 1996, respectively; and WHEREAS, the City and the Employee have agreed upon certain additional modifications to the Employment Agreement which they wish to set forth in this Third Addendum to the Employment Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants 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: 1. That Section 2 of the Employment Agreement shall be amended so as to read in its entirety as follows: SECTION 2. TERM OF AGREEMENT AND RENEWA-L. A. As required ffy Sec"tion 1 of Article VI if the City Charter, the term of this A)reement shall be" an "indefinite term,'} Fier purposes of this Agreement, "indefinite"s`hall`be;&6red to mean"having no exact limits." B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to remove te,ininate the seiv ices o the Employee from the position of City Attorney and terminate his employment with the City under this Agreement at any time, or the right of the Employee to resign from his employment at any time, subject only to the provisions set forth in Section 5 below,of this Agieernent. employer antil afte, said termination date, anless the einvioyinent of the;ffinpioy= e. epon the tennination date piovided in Section 2(B) above, this Agreement shall be automaticaily extni&d fo, an additional tvvo (2) yea, petiod unless eithe, party has given at least sixty (68) days'advawe notice in wiffing to the othe, party of intent 110t tu SO extend. If thr eity decides not to cAtend this Agreement fo, an additional two(2)yem te,in and so notifies the Enipioy=,then the Employee shall be entitled to sevetance pay and the extension of medical inSLIMICe coverage as described in Section 5. Ail cxtensions of this Apeentent shall be oil tire same tn ins and conditiom as herein p,v v ided, except to the extent that such tn ins and conditions ate expiessly modified in writing by ikgtek 2. That Section 5 of the Employment Agreement shall be amended so as to read in its entirety as follows: one- dayMajotity of the evancii, subject only tv the noti= and benefit provisions of this section. At such firne, if at all, that the empioy= is tnininated by ttie entincif, an.' the employee is willing and rible to Continue to perform the datiesofeity Atto,ncy, tiIe eity ag,ees to give the employee wL itten notice of such te,millation at least sixty tjze carent month of the effective date of tenninativi, plus the full amount of his salary fb, tim next calenda, month o, (2) such pente, amount as ttie eauncif, in its dismetion, inay d&ennine. ff ttie eity tenninates ttie Employer, 01, less than sixty fivnitheeity as liquidated dainages,andnotasapenalt, -,qua! to the eity mid sixty (66) days required heteirr. Page 2 of 8 deeined to have been tenniiiated by the eomicii foi the puposes of Section 5(A) above. eity before expitativii of the aforesaid te,in of his emplayinent, then tile EllipjOyeU iesigns hi3 position without pLovidiiig such notice, then the eity shaf! be entitled to MLIMIt f10111 the ffinplayee as liquidated damages, and not as a , ' aniount equal to une-day's salary foi each day of difference betvveeii the actual citcainstarices desciffied ii, paiagiapji e of this Section o, because of a disability as D. Nfedicai hisniance shaf!be provided throtigh the end of the IL1011th ill terms aid conditioits ajid accurdhig to the saine piovisions of law which a, appficable to all employees of the eity who, upon teinihiatioii, clect to continu SECTION 5i TERMINATION AND SEVERANCE PAX A. The parties acknowledge that the Employee serves at the pleasure of the Council under Article V1,Section 1 of the City Charter.. As such,the Employee's term of employment may be terminated at any time by the affirmative vote of a majority of the Council,with or without cause. For the purposes of this Section,the word"cause"shall mean`(1)failure of the Employee to carry out his duties under this Agreement after written notice from the Council;( )failure of the Employee to desist from any act or omission believed'by the Council to be contrary to the best interests of the City after,written notice to the Employee to desist; (3)conviction of a felony or a crime of moral turpitude;(4)dishonesty towards,fraud upon,or deliberate injury or attempted injury to the City;(5)'the breach by the Employee of a term or condition of this Agreement (6) any physical or mental disability that substantially limits a major life function of the Employee and that results in his inability to carry out any essential :function of his job as City Attorney, with' or without reasonable accommodations by the City,provided that the Employee's disability entitles him to receive benefits under the City's disability plan or, if the disability is the result of a work-related injury, entitles him to 'benefits under the Colorado workers' compensation laws for being permanently and totally disabled. Page 3 of 8 B. In the event that the Employee is removed from his position as City Attorney by the Council'for cause as described` in subparagraph A. above, the Employee shall not be entitled.to'receive any further compensation from the City accruing after theeffectiye date of his termination, Similarly, in the event that the Employee voluntarily resigns from his employment with the City under this Agreement, the Employee` shall not be entitled to receive any such further compensation. Under either such circumstance, however, the Employee shall be entitled tb receive from the City all compensation and benefits that have accrued to him under this Agreement through the last day of his employment with the City. C. In the event that the Employee is removed from his position as City Attorney- by the Council for any reason other than' for cause as defined in subparagraph A. above, the City shall, as severance pay, continue to pay the Employee his then-current salary on a bi-weekly basis for a period of six(6)months from the effective date of his removal. In the event that the City at any time during the term of this Agreement reduces the salary or other financial benefits of the Employee in a greaterpercentage than is applicable to an across-the-board reduction for all employees of the City, or in the event that the City refuses,following written notice;to comply'With any other,provision benefitting the Employee herein, or the Etnployeeresignsfollowing written notice from the Council of termination other than for cause as described in subparagraph A. above, then the Employee may, at his option, be deemed to have been terminated by the Council without cause for the purposes of this Section in which event the Employee'shall be entitled to the severance pay provided for above D. Whether the Employee voluntarily resigns from his position as City Attorney under this Agreement or''is removed from his position by the Council with or without cause,Employee shall retain all rights and benefits that may have accrued to him under any of the benefit, pension, or deferred compensation plans'provided to him under this Agreement and that he is entitled to retain in accordance with the provisions of such plans and applicable law as any;City employee who has resigned or been terminated from employment with the City would'be entitled to retain. E. Medical insurance shall be provided through the end of the month in which the termination occurs. The Employee may elect to thereafter continue coverage by paying the premium in effect at the time of termination under the same terms and conditions and according to the same provisions of law which are applicable to all`employees of the City who, upon termination, elect to'continue medical coverage at their own expense: 3. That Section 6 of the Employment Agreement shall be amended so as to read in its entirety as follows: Page 4 of 8 As an inducement to the Employee, the Employee shall be panted tvventy= five (25) days of vacation leave each year. At the end of each calendar yeat, any Mimed v=ation leave acc=d by tire Employee shail be canied ove, to tire enstfing calenda, year; provided,homemi,that in no event shail the total antuttilt Of Vacation be compensated by cash Minent fo, the tOtaf ainvUlit Of his accunitilated vacation icave balance. This anTount shail be in addition to any othei annitInts payabfe to tile SECTION b. VACATION AND SICK)LEAVE. A The Employee shall be granted twenty-five(25)days of vacation leave each year. 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 twenty(20) days shall accrue throughout the remainder of each such calendar year at the b -weekly accrual rate of 6.16 hours. Notwithstanding any City policy to the contrary„vacation leave.accrued and unused i by the Employee shall be subject to the following terms and conditions:: (I) At any time during the calendar year 2001,but no more than twice during said year,the Employee may elect to receive the rash equivalent of all or any portion of his accrued,unused vacation leave. The amount of said payment shall bpbased upon his current rate of pay at the time of conversion. At the end of 2001,the balance of the Employee's accrued,unused vacation leave remaining after any such cash conversion:shall be carried over to 2002 and subsequent years, up to a'maximum accrual of 780 hours. Starting in 2001, any 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. (2) At the end of 2001, and at the end of each calendar year thereafter,the Employee may also carry over to the ensuing calendar year up to forty (40) hours of any vacation leave accrued in that year that was neither used nor converted to a cash payment under subparagraph(3)below,subject to the maximum of 780 hours (3) At any time during 2002, and at any time during each successive calendar year thereafter,but no more than twice annually,the Employee may elect"to receive the cash equivalent of a portion of his accrued,unused vacation, Page 5 of 8 based upon his then-current rate of pay;provided,however,that no more than forty (40),hours of accrued,unused vacation leave may be converted to a cash payment in any given caleadar year. (4) Upon the cessation of the Employee's employment with the City, whether by termination, death, disability, resignation or otherwise, 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 Win addition to any amounts previously paid for accrued, unused vacation leave under subparagraph (3)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.. 4. That Section 8 of the Employment Agreement shall be amended by the addition of a new subsection B, so that said Section 8 shall read in its entirety as follows: ffinpioyei agiers to execate all necessmy agreements provided by tit, RelCtirCITICIlt plan and, in addition to the base salaiy paid by HIC EnIpfOYCL tO HIC EnTployce, tile Enipfoyel, tile E111plOyet agmes to pay on the ffinpfoyee2s behalf an andaS maybe permittedby law,in equaf proportionate aJTILYUntSCaCh pay period,and to transfet ownership to succeeding einpiriyeis upon the ffinploy=2s iesi� discharge. fn addition, the Einployee is cligibfe to participate in the eity� ThLifL Plan. fil Such CM11t, tile EnIploye, WHI match the Employee's contibution in an anILMILt nottoexceed three percent(3%) of the Eniploy=2s salary in any pay period. The total contribution is subject to the fitnits prescribed by the f.R.S. SECTION 8. PENSION AND DEFERRED COMPENSATION BENEFITS A. The City agrees to execute all necessary agreements provided by the International City Management Association Retirement 'Corporation (hereinafter referred to as 'ICMA-RC") for the Employee's participation in ICMA-RC's 401 A Page 6 of 8 qualified retirement plant and, in addition to the base salary paid by the City to the Employee, the City agrees to pay-on the Employee's behalf an amount equal to ten percent(10%) of the Employee's base salary into such qualified retirement plan, in equally proportioned amounts each pay period, and further agrees to roll over into another qualified retirement plan,or to transfer the Employee's ownership in the plan to his succeeding employer's qualified plan, upon the Employee's resignation or termination,to the extert'that such a rollover or transfer is allowed by law and the terms of the City's piam In addition, the Employee is eligible to participate in the City's 457 deferred compensation plan through ICMA-RC If the Employee does so participate,the City will match the Employee's contribution to the plan in an amount not to exceed three percent(3%)of the Employee's salary in anyone pay period. The total contribution-to ICMA-RC's 457 deferred compensation plan is subject to the limits prescribed by the Internal Revenue:Service. B In the event that the Employee wishes to make a contribution of his own to the above-referenced 401A qualified`retirement plan,in addition to the City's contribution to said plan,'and the Employee so notifies the Council in writing, the Council shall, within thirty (30) days of its receipt of such notice, execute all agreements,resolutions and/or other documents required by law or by ICMA-RC in order to accommodate such request. The'amount;of employee contribution to said plan authorized by the Council shall be the amount requested by the Employee or the maximum amount allowed by law, whichever is less. 5. That a new Section XXII of the Employment Agreement shall be added to read in its entirety as follows: SECTION XXII: ANNUAL APPROPRIATION All financial obligations of the City under this Agreement shall be subject to the Council's annual,appropriation of the funds necessary to satisfy such obligations. 6. Except as expressly amended by this Third Addendum and the previous First Addendum and Second Addendum, all other terms and conditions of the Employment Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Addendum to the City Attorney Employment Agreement to be executed as of the day and year first above written. Page 7 of 8 THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Attorney Stephen J. Roy Page 8 of 8