HomeMy WebLinkAboutCC Resolution 12322 (Employment Agr. Fire Chief)RESOLUTION NO. 12322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE AN EMPLOYMENT
AGREEMENT WITH THE FIRE CHIEF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR, CITY MANAGER and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, an agreement with Christopher R. Gray to serve as the Fire Chief for the
City of San Rafael, a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City Council
of said City held on Monday, the 6th day of August, 2007, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
WACity Managers- WorkFile\Council Material\Resolutions\2007\Christopher R. Gray.doc
FIRE CHIEF EMPLOYMENT AGREEMENT
Between the City of San Rafael and
Christopher R. Gray
Dated
August 6, 2007
TABLE OF CONTENTS
1) PARTIES AND DATES...................................................................................................... 3
2) EMPLOYMENT.................................................................................................................. 3
3) TERM..........................................................................................................................3
4) COMMITMENTS AND UNDERSTANDINGS......................................................................3
A) FIRE CHIEF COMMITMENTS.................................................................................... 3
B) CITY COMMITMENTS.................................................................................................. 5
C) MUTUAL COMMITMENTS........................................................................................... 5
5) COMPENSATION.............................................................................................................. 5
A) COMPENSATION & REQUIRED EMPLOYER COSTS................................................5
B) BENEFITS.............................................................................................................. 6
6) SECURITY..........................................................................................................................7
A) PENSION - (MCERA)................................................................................................7
B) DEFERRED COMPENSATION.....................................................................................7
C) INSURANCE..................................................................................................................7
7) HOUSING........................................................................................................8
A) TEMPORARY RELOCATION ASSISTANCE......................................................8
B) RELOCATION AND MOVING RELATED EXPENSES.........................................9
C) HOUSING ASSISTANCE...............................................................................9
8) SEPARATION.....................................................................................................................9
A) RESIGNATION RETIREMENT................................................................................... 9
B) TERMINATION & REMOVAL........................................................................................9
EMPLOYMENT AGREEMENT — Christopher R. Gray
C) SEVERANCE PAY....................................................................................................10
D) INVOLUNTARY RESIGNATION..................................................................................10
E) SEPARATION FOR CAUSE......................................................................................10
F) PAYMENT OF UNUSED LEAVE BALANCES............................................................11
9) MISCELLANEOUS PROVISIONS.....................................................................................11
A) AMENDMENTS............................................................................................................11
B) CONFLICT OF INTEREST...........................................................................................11
C) INDEMNIFICATION......................................................................................................11
D) SEVERABILITY........................................................................................................... 12
E) JURISDICTION AND VENUE..................................................................................... 12
F) ENTIRE AGREEMENT................................................................................................ 12
G) NOTICE....................................................................................................................... 12
EXECUTION.....................................................................................................................13
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EMPLOYMENT AGREEMENT — Christopher R. Gray
FIRE CHIEF EMPLOYMENT AGREEMENT
Between the
City of San Rafael
And
Christopher R. Gray
RECITALS
1) Parties and Date - This Agreement is made and entered into this 6th day of August, 2007,
by and between the City of San Rafael, a municipal corporation ("City"), and Christopher
R. Gray ("Gray" or "Fire Chief'). It shall, however, be deemed effective on the date
specified hereinafter below in Section 3. The City and Fire Chief may be referred to
hereinafter as "Party", and collectively as "Parties."
A) The City desires to employ Gray as its Fire Chief and has conferred with him, and
performed all necessary pre-employment background and reference checks required
for appointment to this highly sensitive and important City position; and
B) Gray possesses the necessary education, experience, skills and judgment to serve as
the City's Fire Chief; and
C) The City Council desires to employ Gray to serve as the Fire Chief of City, pursuant to
the authority vested in the Council under Article VI, Section 11 of the City's Charter;
and
D) The Parties hereto desire to enter into and execute this Agreement pursuant to the
authority of and subject to the provisions contained in California Government Code
Section 53260 et seq.
NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
2) Emplovment - The City hereby offers to employ Gray, and Gray agrees to become
employed by City, as its Fire Chief, and accepts such employment on the terms and
conditions, recited hereinafter.
3) Term - The Agreement shall become effective on September 17, 2007, and continue until
such time as thereafter terminated pursuant to the terms and provisions set forth
hereinafter in this Agreement.
4) Commitments and Understandings
A) Fire Chief's Commitments
(1) Duties & Authority
(a) Recognizing the provisions of the City Charter contained in Article VI, Section
11 and Chapter 2.08 of the San Rafael Municipal Code relating to the
appointive power of the City Council concerning the position of Fire Chief, and
having in mind the modern realities of administering the operation of a full
service and sophisticated city, such as San Rafael, the day to day supervision
EMPLOYMENT AGREEMENT — Christopher R. Gray
of the Fire Chief has for many years been delegated by the City Council to the
City Manager. Accordingly, the Fire Chief shall serve under the sole direction
and supervision of the City Manager during the full term of his employment
with the City.
(b) The Fire Chief shall perform all of the duties and functions specified and set
forth in Article III, Section 19 of the City's Charter and Section 2. 08.190 of the
San Rafael Municipal Code, pertinent provisions of the California Government
Code, and all applicable City policies and procedures, adopted and/or
approved by the City Council and/or City Manager, from time to time,
throughout the duration of his employment with City, and the term of this
Agreement.
(c) The Fire Chief shall administer and enforce Fire Department policies
established by the City Council and/or City Manager and promulgate rules and
regulations as necessary to implement such policies.
(2) Hours of Work
(a) The Fire Chief is an exempt employee in City government; however it is
expressly agreed to and understood by Gray that he is expected to engage in
all hours of work necessary to fulfill the obligations of the position. The position
does not have set hours of work and the Fire Chief is expected to be available
at all times throughout his term of employment, weekdays and weekends
included.
(b) It is recognized that the Fire Chief must devote a great deal of time to the
business of the City outside of the City's customary business hours. Therefore
the Fire Chiefs schedule of work each day and week shall vary in accordance
with the work required to be performed by him. The Fire Chief shall spend
sufficient hours on site to perform all of his assigned duties, all of the time.
(c) The Fire Chief shall not spend more than 12 hours per month teaching,
consulting, speaking, or involved in any other non -City connected business or
venture without the express prior written consent of the City Manager.
(3) Disability or Inability to Perform
(a) In the event the Fire Chief becomes mentally and/or physically incapable of
performing his functions and duties, taking into account reasonable
accommodation, and it reasonably appears to the City Manager that such
incapacity will continue for more than six (6) months, the City Council may,
upon recommendation of the City Manager, terminate the Fire Chief. If the City
Manager makes a determination of such incapacity to perform duties, as here
recited, said determination shall be provided to Gray in writing by the City
Manager. Said six (6) month period referenced herein shall commence from
and after the date of the City Manager's written determination letter. If the City
Council does elect to terminate the Fire Chief due to such determined
incapacity, the Fire Chief shall be entitled to receive all severance benefits
provided in Section 8.0 below.
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EMPLOYMENT AGREEMENT — Christopher R. Gray
B) City Commitments
(1) The City shall provide the Fire Chief with the compensation, incentives and
benefits, specified in this Agreement, as may be from time to time amended.
(2) The City shall directly pay, or provide the Fire Chief reimbursement for, all actual
documented business expenses incurred in connection with all official City
business conducted by the Fire Chief.
(3) The City agrees to directly pay, on behalf of the Fire Chief, or reimburse, the
professional dues, subscriptions, travel and subsistence expenses which may be
necessary for the Fire Chief's full participation in national, regional, state, and/or
local associations and/or organizations necessary and/or desirable for the Fire
Chiefs continued professional growth and advancement. Said payment or
reimbursement includes, but shall not be limited to, governmental groups and
committees upon which the Fire Chief serves or may serve as a member. Said
direct City payment or expense reimbursement shall include such instructional
courses, institutes and/or seminars that are necessary for career professional
development of the Fire Chief. All such fees/expenses shall be required to be
documented to the reasonable satisfaction of City prior to payment or
reimbursement hereunder.
C) Mutual Commitments
(1) Performance Evaluation
(a) Annual performance evaluations constitute an important method for the City
Manager and Fire Chief to ensure effective communication between them
relating to City Manager job expectations and Fire Chief performance. The
City Council and City Manager recognize that for the Fire Chief to respond to
their needs and expectations, and for him to grow in performance on the job,
he needs to be advised concerning evaluation of his performance at regular
intervals. To assure that he receives this information, the City Manager shall
conduct an evaluation of the Fire Chiefs performance at least once each year.
5) COMPENSATION - The City agrees to provide the following initial compensation to the
Fire Chief during the term of the Agreement:
A) Compensation & Reauired Emr)lover Costs
(1) Base Salary
(a) The annual salary for the position of Fire Chief shall be established by
Resolution of the City Council. The annual salary, on appointment, is hereby
set at $152,040. This salary may be adjusted via adoption of a separate Salary
Resolution, commencing on or before fiscal year 2008-2009, and shall be
reflected in the salary range identified in said Salary Resolution, from time to
time amended and adopted throughout the term of this Agreement.
(2) Required Employer Costs - the following costs shall be paid by City on behalf of the
Fire Chief:
(a) Federal Insurance Contributions Act (FICA) (if applicable).
(b) Medicare.
(c) Unemployment Compensation.
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EMPLOYMENT AGREEMENT — Christopher R. Gray
(d) The cost of any fidelity or other bonds required by law for the Fire Chief.
(e) The cost to defend and indemnify the Fire Chief as provided in Section 8.0
below.
(f) Workers Compensation.
B) Benefits
(1) Holidays - The Fire Chief shall be entitled to paid holidays in accordance with the
Council approved provisions of the Salary and Benefit Plan for the Unrepresented
Management Group of City.
(2) Leave Allowance
(a) The Fire Chief shall receive the same vacation accrual and benefits as provided
to the Unrepresented Management class of City employees. The Fire Chief
will accrue 21 (twenty-one) days of vacation per year, which accrual shall
increase in accordance with the City of San Rafael's policy for the
Unrepresented Management class of City employees. For purposes of
calculating this vacation accrual, the City shall deem Gray to have been
employed by the City for a period of ten (10) years commencing on the
effective date of this Agreement. The Fire Chief shall be credited with 20
(Twenty) days (150 hours) of vacation leave as of the effective date of this
Agreement. The Fire Chief shall be paid for any unused accrued vacation
upon either voluntary or involuntary termination of his employment.
(b) The Fire Chief shall receive the same sick leave accrual and benefits as
provided to the Unrepresented Management class of City employees. The Fire
Chief shall be credited with 270 hours of "Credited Sick Leave" as of the
effective date of this Agreement. Any unused Credited Sick Leave shall be
applied toward service credit at the time of Gray's retirement, subject to
pertinent and related retirement provisions, specified by the Marin County
Employee Retirement Association (MCERA). Gray shall not have the right to
receive cash compensation for unused Credited Sick Leave. Before using
Credited Sick Leave during his employment with the City, Gray shall be
required to exhaust any and all accrued City Sick Leave benefits he may then
have.
(c) The Fire Chief shall be entitled to administrative leave each year consistent with
the then in effect leave provided to the Unrepresented Management class of
City employees.
(d) The Fire Chief shall have the option to convert any accrued vacation or
administrative leave balance at any time during his employment tenure, in
accordance with the then in effect Unrepresented Management class of City
employees' policies.
(3) Automobile - The Fire Chief shall be provided an automobile for his use in
connection with City -related business and/or City -related or approved functions
during, before, and/or after normal work hours. The automobile shall be of a type
and model consistent with policies established by the City's Fleet Advisory Board
and shall also be subject to advance approval of the City Manager. The City shall
maintain such automobile for the Chief in such manner and to such standards that
EMPLOYMENT AGREEMENT — Christopher R. Gray
it is always in a safe and reliable condition for the Fire Chief's use and shall pay all
fuel and associated maintenance costs of said vehicle.
(4) Uniform and Boot Allowance - The Fire Chief will receive a uniform allowance for
each six (6) months of service ending June 30 and December 31. The uniform
allowance shall be the sum of $450.00 ($900.00 per year). A pro -rated portion of
the allowance may be given for the first and last six (6) months of service based
upon the approval of the City Manager or designee. In addition, the Fire Chief
shall be entitled to a maximum of $160 every two years for a boot allowance. The
Fire Chief is responsible for purchasing his own safety boots and for submitting a
receipt to City for reimbursement. The boots must be purchased for City use only
and must adhere to all department safety requirements. The Uniform and Boot
Allowance amounts shall be adjusted during the term of this Agreement to
coincide with the Uniform and Boot Allowance amounts defined in the San Rafael
Fire Chief Officers' Association Memorandum of Understanding.
(5) Benefits that Accrue to Other Employees - The Fire Chief shall be entitled to all
benefits, rights, and privileges accorded to safety City Department Directors,
including, but not limited to, group health and dental insurance, except as
otherwise provided in this Agreement (See Attachment A). To the extent the
benefits contained herein exceed the benefits provided to the Unrepresented
Management Group employees of the City, this Agreement shall control.
6) SECURITY
A) Pension - Marin County Employee Retirement Association (MCERA)
(1) The Fire Chief shall be considered a safety employee as the position relates to the
Marin County Employee Retirement Association (MCERA). The City shall pay the
City's share only for participation in the Marin County Employee Retirement
Association.
B) Deferred Compensation
(1) Section 401 (a) Plan
(a) The City shall make available, and contribute amounts each pay period to an
Internal Revenue Code Section 401 (a) Plan as established by the City,
consistent with the contributions made for employees in the Unrepresented
Management Group.
(2) Internal Revenue Code Compliance - All provisions of Sections 6.A and 6.13 shall
be subject to all applicable provisions and limitations of the Internal Revenue Code
and its related adopted regulations, as the same may be amended from time to
time. No requirement of any provision of Sections 6.A and 6.13 shall be effective if
it would violate any provision of the Internal Revenue Code or its related
regulations, and the inability of the City to effectuate such requirements for such
reasons shall not constitute a breach of this Agreement.
C) Insurance
(1) Disability Insurance. Long Term Disability insurance shall be provided in such
amount as is consistent with that provided to other City Department Directors as
identified in the Unrepresented Management Group controlling documents
(Attachment A).
EMPLOYMENT AGREEMENT — Christopher R. Gray
(2) Life Insurance. Term life insurance shall be provided at the Department Director
level as identified in the Unrepresented Management Group controlling documents
(Attachment A).
(3) Retiree Health Insurance. The City shall provide retiree health insurance for the
Fire Chief, so long as the Fire Chief retires from the Marin County Employees
Retirement Association (MCERA) within 120 days following termination of his
employment with City and further that the Chief complies with all then applicable
MCERA retirement laws and regulations. The Fire Chief shall, and his eligible
dependents also shall continue in the City's group health insurance program on his
retirement from City service and compliance with all MCERA regulations as
specified above; provided however that it is expressly understood that City's
obligation hereunder shall be limited to payment of the cost of the Fire Chief's
retiree health insurance as follows:
(a) If the Fire Chief retires between the effective date of this Agreement and the
five (5) year anniversary date thereof, the Fire Chief's retiree only (1 party)
health contribution shall be limited to $600 per month.
(b) If the Fire Chief retires after the fifth (5th) year anniversary of the effective date
of this Agreement, the Fire Chief's retiree only (1 Party) health contribution
shall be limited to $900 per month.
(c) If the Fire Chief retires after the seventh (7th) year anniversary of the effective
date of this Agreement, the Fire Chief's retiree only (1 party) health
contribution shall be limited to $1,200 per month.
(d) If the Fire Chief retires after the tenth (10) year anniversary of the effective date
of this Agreement, the Fire Chiefs (2 party — retiree and dependent) health
contribution shall be limited to $1,200 per month.
Retirement health insurance costs for dependent coverage, listed in 6)C(3)(a)
through 6)C(3)(c) above will not be paid for by the City, post retirement of the Fire
Chief.
7) HOUSING
A) Temporary Housing Assistance—Commencing on the Effective Date of this Agreement,
City shall provide temporary housing assistance to the Fire Chief at the rate of $2,500
per month. This temporary housing assistance shall be available to Fire Chief for only
up to Four (4) months, and shall not exceed the total sum of $10,000. This temporary
housing assistance shall be deemed a reimbursable expense, not one directly paid to
Fire Chief hereunder, and shall be subject to submission of supporting invoices or
such other documentation(s) as City Manager shall reasonably require and shall be
approved by the City Manager prior to reimbursement to Fire Chief. The purpose of
such temporary housing assistance is to assist the Fire Chief in connection with his
seeking and securing acceptable housing in the City of San Rafael. The City and Fire
Chief understand and agree that City expects such housing, in San Rafael, to be found
and secured by Fire Chief prior to expiration of the temporary four (4) month time
period specified herein. The Fire Chief shall enter into a Home Loan Agreement with
City, after securing of a residence for him and his family. Should the Fire Chief, after
making a good faith effort to secure acceptable living accommodations in San Rafael,
within the four (4) month time period specified herein, fail to do so, then he shall be
EMPLOYMENT AGREEMENT — Christopher R. Gray
entitled to seek an additional two (2) month extension of temporary housing assistance
from the City Manager. Such request is subject to the approval of the City Manager
and shall also be subject to providing evidence of the Chief's efforts completed during
the initial four (4) month period, to find suitable housing in San Rafael.
B) Relocation and Moving Related Expenses — The City shall reimburse the Fire Chief for
relocation and moving expenses, up to a cumulative amount not to exceed $15,000.
Said expenses shall be reimbursed following presentation of acceptable
documentation by Fire Chief in connection with payment, or incurring, of such
expenses by him, which shall be submitted and approved by the City Manager prior to
reimbursement. Expenses hereunder shall be restricted to costs of relocation and
moving expenses as defined in Internal Revenue Code Title 26, Subtitle A, Chapter 1,
Subchapter B, PART VII, § 217.
C) Housing Assistance Loan — The City is willing to provide the Fire Chief with a housing
assistance loan, up to the total amount of $250,000. Said loan shall be secured by a
deed of trust on the selected property and the approval of City to the house purchase
and financing of the Chief's selected residence as the same shall be more particularly
set forth in a separate Home Loan Agreement to be drafted by the City Attorney and
approved and executed by Fire Chief prior to the release of any funds by City
hereunder. The loan contemplated hereunder is premised upon and agreed to by City
on the express condition that suitable housing within the City limits of San Rafael must
be selected and secured by Fire Chief within the time period set out in section 7A
above and as shall be more particularly set forth in the Home Loan Agreement
previously referenced herein. Said home loan assistance, as discussed herein, shall
be subject to the Fire Chief contributing a minimum of 10% toward the final purchase
price of a primary place of residence located in the City of San Rafael.
8) SEPARATION
A) Resianation/ Retirement - The Fire Chief agrees to provide the City at least 45 days
advance written notice of his determination to resign, including the effective date of
such resignation, unless the Parties hereto otherwise agree in writing to a different
notice provision. If the Fire Chief retires from full time public service with the City of
San Rafael then he may provide six (6) months' advance notice if he chooses. The
Fire Chiefs actual retirement date shall be mutually agreed to and established.
B) Termination & Removal —
(1) It is expressly understood, the entry into this Agreement notwithstanding, that the
Fire Chief is an at -will employee of the City, serving at all times throughout his
tenure with City at the pleasure of the City Council, as provided in Government
Code Section 36506.
(2) The City Council may remove the Fire Chief at any time, with or without cause, by
a majority vote of its members. Notice of such termination shall be provided to the
Fire Chief in writing.
(3) Given the at -will nature of the position of Fire Chief, an important element of this
Agreement pertains to the subject of termination. It is in both the City's interest and
the Fire Chiefs that any separation of the Fire Chief from City be accomplished in
a dignified and businesslike manner.
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EMPLOYMENT AGREEMENT — Christopher R. Gray
C) Severance Pav
(1) In the event the Fire Chief is terminated by the City Council during a time when
the Fire Chief continues to be willing and able to perform his duties under this
Agreement, then, and in that event, the City agrees to pay the Fire Chief a lump
sum cash payment in an amount equal to the following:
(a) If the Fire Chief's termination occurs between the effective date of this
Agreement and the one-year anniversary date thereof, the Fire Chief shall be
entitled to receive twelve (12) months base salary.
(b) If the Fire Chief's termination occurs after the one (1) year anniversary of the
effective date of this Agreement and the two (2) year anniversary date thereof,
the Fire Chief shall be entitled to receive nine (9) months base salary.
(c) If the Fire Chief's termination occurs after the second (2nd) year anniversary of
the effective date of this Agreement, the Fire Chief shall be entitled to receive
six (6) months' base salary.
(2) All payments required under Sections 8.0 (1), are subject to and shall be
interpreted to comply with the limitations set forth in Government Code Section
53260.
D) Involuntary Resignation
(1) In the event that the City Council requests that the Fire Chief resign, then he shall
resign and he shall be entitled to receive the severance benefits provided in
Section 8.0 above.
E) Separation for Cause
(1) Notwithstanding the provisions of Section 8.C, the Fire Chief may be terminated for
cause. As used in this Section, "cause" shall mean one or more the following:
(a) Conviction of a felony;
(b) Conviction of any illegal act involving moral turpitude or personal gain;
(c) A plea of nolo contendere to any felony or illegal act involving moral turpitude or
personal gain;
(d) Any act constituting a knowing and intentional violation of City's conflict of
interest codes, or conflict of interest codes adopted by or followed by City;
(See Section 9 below in connection with this provision)
(e) Abuse of non-prescription drugs or alcohol that materially affects the
performance of the Fire Chiefs duties; or
(f) Repeated and protracted unexcused absences from the Fire Chiefs duties
(2) In the event the City terminates the Fire Chief for cause, then the City may
terminate this Agreement immediately, and the Fire Chief shall be entitled to only
the compensation accrued up to the date of such termination, payments required
by Section 81 below, and such other termination benefits and payments as may
be required by law. The Fire Chief shall not be entitled to any severance benefits
provided by Section 8.0 in these circumstances.
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EMPLOYMENT AGREEMENT — Christopher R. Gray
F) Pavment for Unused Leave Balance
(1) On separation from City employment, the Fire Chief shall be paid for all unused
accrued leave allowances provided in Section 5.13 (2) above. Accumulated leave
balances shall be paid at the Fire Chiefs monthly salary rate on the effective date
of separation.
9) MISCELLANEOUS PROVISIONS
A) Amendments - This Agreement may be amended at any time but only by mutual
written agreement of the City and the Fire Chief.
B) Conflict of interest
(1) The Fire Chief shall not engage in any business or transaction or have a financial
or other personal interest or association, direct or indirect, which is in conflict with
the proper discharge of his official duties or which would tend to impair
independence in the performance of his official duties.
(2) The Fire Chief shall also be subject to the conflict of interest provisions of the
California Government Code and any conflict of interest code applicable to the Fire
Chiefs employment with the City.
(3) The Fire Chief is responsible for submitting to the City Clerk the appropriate
Conflict of Interest Statements at the time of appointment, annually thereafter, and
at the time of separation from the position.
C) Indemnification
(1) The City shall defend, hold harmless and indemnify the Fire Chief from any claim,
demand or other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring within the course and scope of the Fire Chiefs
performance of his duties as Fire Chief, pursuant to and in accordance with
Government Code sections 995 through 996.6 and Government Code section 825.
Should the Fire Chief be sued for damages in an action in which it is alleged that
the complained of act(s) arise out of the performance of his duties, the City shall
provide a legal defense for the Fire Chief in such suit and indemnify the Fire Chief
from any judgment rendered against him; provided however that such indemnity
shall not extend to any judgment for damages arising out of any proved willful
wrongdoing on his part. This indemnification shall extend beyond termination of
employment and the otherwise expiration of this Agreement, to provide protection
for any such acts undertaken or committed in the Fire Chiefs capacity as Fire Chief
while in the employment of City, regardless of whether the notice of filing of a
lawsuit occurs during or following employment with the City. This indemnity
provision shall survive the termination of the Agreement and is in addition to any
other rights or remedies that the Fire Chief may have under the law.
(2) The City and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Fire Chief, for all matters while he is
acting within the scope of the Fire Chiefs duties, from all claims, losses and
liabilities arising out of or incident to activities or operations performed by him, or
by him on behalf of the City, or any party affiliated with or otherwise claiming under
or through him, regardless of any prior, concurrent, or subsequent active or
passive negligence by the Fire Chief.
EMPLOYMENT AGREEMENT — Christopher R. Gray
D) Severability - If any clause, sentence, part, section, or portion of this Agreement is
determined by a court of competent jurisdiction to be illegal or unenforceable, such
clause, sentence, part, section, or portion so found shall be regarded as though it were
not part of this Agreement and the remaining parts of this Agreement shall be fully binding
and enforceable by the Parties hereto.
E) Jurisdiction and Venue - This Contract shall be construed in accordance with the laws
of the State of California, and the Parties agree that venue shall be in Marin County,
California.
F) Entire Agreement - This Contract represents the entire agreement of the Parties, and
no representations have been made or relied upon except as expressly set forth herein.
This Contract may be amended or modified only by a written, fully executed agreement
executed by the Parties.
G) Notice - Any notice, amendments, or additions to this Agreement, including change of
address of either party during the term of this Agreement, which the Fire Chief or the City
shall be required, or may desire, to make shall be in writing and shall be sent by prepaid
first class mail or hand delivered to the respective Parties as follows:
(a) If to the City:
City Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
With a copy to the City Attorney
(b) If to the Fire Chief:
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
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EMPLOYMENT AGREEMENT — Christopher R. Gray
EXECUTION:
IN WITNESS HEREOF, the City of Sa Rafael has caused this Agreement to be
its City Mana err
duly executed by its Mayor/and the Fi hief, and duly attested by its City Clerk, the day and
year first written above. L*
EMPLOYER - CITY OF SAN RAFAEL
By,a'L,
A�IAIbeA jBorayor
B tL 1 . "
Y•
KN,,Nordhoff, City Man oer
ATTEST:
1.`.c.w.
anne Leoncini, City Clerk
APPROVED AS TO FORM:
/,-Iw- I-
G ry T. R gghian
City Attorney
FIRE CHIEF
lief RecruitmentICSR fin: chief contract finaLdoc
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