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HomeMy WebLinkAboutHR Fire Chief Employment Agreement; Abraham RomanTABLE OF CONTENTS RECITALS...................................................................................................................... 1 1) EMPLOYMENT.................................................................................................... 1 2) TERM................................................................................................................... 1 3) COMMITMENTS AND UNDERSTANDINGS....................................................... 1 A) FIRE CHIEF COMMITMENTS............................................................................. 1 B) CITY COMMITMENTS......................................................................................... 3 C) MUTUAL COMMITMENTS.................................................................................. 3 4) COMPENSATION................................................................................................ 3 A) COMPENSATION & REQUIRED EMPLOYER COSTS ....................................... 3 B) BENEFITS........................................................................................................... 4 5) OTHER EMPLOYMENT BENEFITS.....................................................................6 A) PENSION - (MCERA)...........................................................................................6 B) INSURANCE.........................................................................................................6 6) SEPARATION.......................................................................................................6 A) RESIGNATION RETIREMENT.............................................................................6 B) TERMINATION & REMOVAL................................................................................7 C) SEVERANCE PAY...............................................................................................7 D) INVOLUNTARY RESIGNATION...........................................................................7 E) SEPARATION FOR CAUSE.................................................................................. 7 F) PAYMENT FOR UNUSED LEAVE BALANCES ................................................... 8 7) MISCELLANEOUS PROVISIONS....................................................................... 8 A) AMENDMENTS................................................................................................... 8 B) CONFLICT OF INTEREST................................................................................... 8 C) INDEMNIFICATION.............................................................................................8 D) SEVERABILITY................................................................................................... 9 FIRE CHIEF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ABRAHAM ROMAN THIS AGREEMENT is made and entered into this 28 day of July , 2024, by and between the City of San Rafael, a municipal corporation ("City"), and Abraham Roman ("Roman" or "Fire Chief). In this Agreement, the City and Roman may each be referred to individually as a "Party", and collectively as the "Parties." RECITALS A) The City desires to employ Roman 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. B) Roman possesses the necessary education, experience, skills and judgment to serve as the City's Fire Chief. C) The Parties desire to enter into and execute this Agreement pursuant to the authority of and subject to the provisions contained Article VI, Section 11 of the City's Charter, the City's Municipal Code, California Government Code Section 53260 et seq., and all other applicable law. NOW THEREFORE, the Parties agree as follows: AGREEMENT 1) EMPLOYMENT The City hereby offers to employ Roman as its Fire Chief, and Roman accepts such employment on the terms and conditions set forth hereafter. 2) TERM - The Agreement shall become effective on May 22, 2024, and continue until such time as thereafter terminated pursuant to the terms and provisions set forth hereafter. Although Article VI, Section 11 of the City's Charter provides that the appointment of the Fire Chief shall be for a four-year term, for convenience and certainty in City's operations the City Council hereby approves automatic renewal of the four-year term until such time as the Fire Chief separates from City employment, as otherwise provided in this Agreement. 3) COMMITMENTS AND UNDERSTANDINGS A) Fire Chiefs Commitments (1) Duties & Authority (a) The Fire Chief shall serve under the sole direction and Council does elect to terminate the Fire Chief due to such determined incapacity, the Fire Chief may be entitled to receive all severance benefits provided in accordance with Section 6.0 below. 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 as approved by the City Manager or designee. (3) The City agrees to directly pay, on behalf of the Fire Chief, or reimburse the Fire Chief for 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, including, but not limited to, governmental groups and committees upon which the Fire Chief serves or may serve as a member. Subject to the approval of the City Manager or designee, the City will also provide direct City payment or expense reimbursement for 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 the City's needs and expectations, and for the Fire Chief to grow in performance on the job, the Fire Chief needs to be advised concerning evaluation of his performance at regular intervals. To assure that the Fire Chief receives this information, the City Manager shall conduct an evaluation of the Fire Chiefs performance at least once each year. 4) COMPENSATION - The City agrees to provide the following initial compensation to the Fire Chief during the term of the Agreement: A) Compensation & Required Employer Costs 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 it is always in a safe and reliable condition for the Fire Chiefs use and shall pay all fuel and associated maintenance costs of that 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 $805 ($1,620 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 may be adjusted during the term of this Agreement in the resolution for Unrepresented Executive Management Employees. (5) Benefits that Accrue to Other Employees - The Fire Chief shall be entitled to all benefits, rights, and privileges as set forth in the resolution for the Unpresented Executive Management Employees, except as otherwise provided in this Agreement. To the extent the benefits contained herein exceed the benefits provided to the Unrepresented Executive Management Employees of the City, this Agreement shall control. 5) OTHER EMPLOYMENT BENEFITS 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 Fire Chief will be responsible for paying the full cost of the employee contribution rate as established by MCERA. In addition, as provided in the Salary Resolution for the Unrepresented Executive Management class of City employees, the Fire Chief will pay an additional contribution of one percent (1 %) of pensionable compensation toward the normal cost of pension provided by MCERA. The City shall pay the remainder of the City's share for participation in the Marin County Employee Retirement Association. (2) Internal Revenue Code Compliance - All provisions of Section 5.A shall be subject to all applicable provisions and limitations of the Internal Revenue Code and its related adopted regulations, as the same C) D) E) Fire Chief from City be accomplished in a dignified and businesslike manner. Severance Pay (1) In the event the Fire Chief is terminated not for cause by the City Council during a time when the Fire Chief continues to be willing and able to perform his duties under this Agreement, the City the Fire Chief will be entitled to a lump sum cash payment in an amount equal to six (6) months' base salary on the condition that the Fire Chief sign a severance agreement that is provided by the City. (2) All payments required under Sections 6.0 (1), are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. 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 6.0 above on the condition that the Fire Chief signs a severance agreement that is provided by the City. Separation for Cause (1) Notwithstanding the provisions of Section 6.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 a misdemeanor involving moral turpitude (c) Willful misconduct (d) Fraud in the Office (e) Misappropriation or misuse of City property (f) Dishonesty (g) A plea of nolo contendere to any felony or misdemeanor (h) Any act constituting a knowing and intentional violation of Section 7.13 below, or conflict of interest codes adopted by or followed by City (i) Abuse of drugs or alcohol that materially affects the performance of the Fire Chiefs duties; or (j) 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 6.F 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 7 (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. 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: FINAL Final Audit Report Created: 2024-07-24 By: Jennifer Alcantara (Jennifer.alcantara@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAzDGObz6CyttRr_D21 WnPBKWcEtL_PKlq 2024-07-29 "Roman Abraham - Employment Agreement FINAL" History Document created by Jennifer Alcantara (Jennifer.alcantara@cityofsanrafael.org) 2024-07-24 - 7:18:37 PM GMT Document emailed to abraham.roman@cityofsanrafael.org for signature 2024-07-24 - 7:18:44 PM GMT Email viewed by abraham.roman@cityofsanrafael.org 2024-07-24 - 7:21:38 PM GMT Email viewed by abraham.roman@cityofsanrafael.org 2024-07-25 - 11:50:51 PM GMT � Email viewed by abraham.roman@cityofsanrafael.org 2024-07-27 - 0:14:40 AM GMT !ja Signer abraham.roman@cityofsanrafael.org entered name at signing as Abraham Roman 2024-07-27 - 0:15:02 AM GMT a Document e-signed by Abraham Roman (abraham.roman@cityofsanrafael.org) Signature Date: 2024-07-27 - 0:15:04 AM GMT - Time Source: server Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-27 - 0:15:05 AM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-28 - 5:01:05 PM GMT o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-28 - 5:01:34 PM GMT Adobe Acrobat Sign