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...................................................................................
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C) INDEMNIFICATION.............................................................................................8
D) SEVERABILITY...................................................................................................
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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
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