HomeMy WebLinkAbout4.8 - 2781 Amendment to City Manager’s Employment Agre
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STAFF REPORT
CITY COUNCIL
DATE: August 20, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
City Manager’s Employment Agreement
Prepared by: Agency Negotiating Team (City Councilmembers Arun Goel
and Jean Josey)
EXECUTIVE SUMMARY:
The City Council will consider the Fifth Amendment to City Manager’s Employment
Agreement.
STAFF RECOMMENDATION:
Approve and authorize the Mayor to execute the Fifth Amendment to City Manager’s
Employment Agreement and Adopt the Resolution Amending Salary Plan.
FINANCIAL IMPACT:
Sufficient funding is available in the Fiscal Year 2019-2020 Budget.
DESCRIPTION:
On March 19, 2019, the City Council appointed an Agency Negotiating Team, consisting
of Councilmembers Arun Goel and Jean Josey to meet with the City Manager to discuss
terms and conditions of employment. Since that time, the Committee has discussed
with the City Manager terms and conditions of employment. As a result of those
discussions, the City’s Agency Negotiating Team is recommending that the City Council
approve an employment agreement with the City Manager that is the same as the
current agreement with the exception of the following provisions:
1. Increase the City Manager’s base salary from $25,261 per month to $25,514 per
month; The revision in base pay would be effective May 1, 2019;
2. Lump Sum General Leave Advance of 70 hours;
3. Increasing the General Leave Cap from 600 to 700 hours.
Salary Plan Amendment
Included in the City’s personnel system are Resolutions that address salary ranges for
full-time and part-time personnel. The attached Resolution (Attachment 3) is a proposed
amendment to the City’s Salary Plan for full-time personnel which would establish a flat
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monthly salary for the position of City Manager effective May 1, 2019, in conformity with
the proposed contract amendment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Fifth Amendment to City Manager's Employment Agreem ent
2. City Manager's Employment Agreement (including previous Amendments)
3. Resolution Amending Salary Plan
ATTACHMENT 1
FIFTH AMENDMENT TO
AGREEMENT BETWEEN CITY OF DUBLIN
AND
CHRISTOPHER L. FOSS
FOR EMPLOYMENT AS CITY MANAGER
This FIFTH AMENDMENT is made and entered into this 1st day of May, 2019,
by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter
referred to as the “CITY”, and CHRISTOPHER L. FOSS, hereinafter referred to as
“CITY MANAGER”.
Recitals
A. CITY and CITY MANAGER are parties to an Employment Agreement,
dated February 18, 2014, as amended on June 2, 2015, August 16, 2016, September 5,
2017, and November 20, 2018 (the “AGREEMENT”).
B. Following the 2019 Annual Performance Evaluation of CITY MANAGER,
the parties desire to amend the AGREEMENT to increase the City Manager’s base
salary by one percent (1%).
C. The parties also wish to adjust the CITY MANAGER’S leave allowance.
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree to amend The Agreement as follows:
1. Section III.A.1. (a) of the Agreement is amended to read as follows:
“(a) Commencing on May 1, 2019 the salary for the position of City Manager
shall be $25,514 per month. The City agrees to reevaluate the salary following the
performance evaluation described in Section II.D.2 (a) above.”
2. Section III.B.2 (a) of the Agreement is amended to read as follows:
“(a) City Manager shall receive thirty-eight (38) days of general leave on May
1, 2017 and each May 1 thereafter so long as the Agreement remains in effect. Such
leave shall be subject to the same rules applicable to the miscellaneous general City
employees, except that City Manager maximum general leave accrual limit shall be
seven-hundred (700) hours. Annually on April 26 each year, City Manager may elect to
be compensated for any unused general leave granted the previous year not to exceed
184 hours.”
ATTACHMENT 1
3. Section III.B.2 (d) of the Agreement is added to read as follows:
“(d) One-Time Grant of Leave
“City Manager shall receive seventy (70) hours of general leave on May 1, 2019.”
4. Except as amended herein, the Agreement shall remain in full force and
effect, as amended.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By: _________________________ _________________________
Mayor David Haubert Christopher L. Foss
ATTEST:
______________________________
Caroline Soto, City Clerk
BETWEENAGREEMENT
CITY OF DUBLIN
1 �s' ti
MANAGERPDT MLPLOYMENT AS CITY
This Agreement is entered as of February 18, 2014 by and between the City of Dublin,
California, a municipal corporation and general law city (the "City"), and Christopher L. Foss, an
individual (the "City Manager"). The City and the City Manager are sometimes individually referred
to as a "Party' and collectively as "Parties" in this Agreement.
WHEREAS, the City requires the services of a City Manager; and,
WHEREAS, the City Manager has the necessary education, executive ability and
qualifications to serve as the City's City Manager; and,
WHEREAS, the City Council of the City of Dublin (the "City Council) desires .to employ
the City Manager to serve as the City Manager of City.
WHEREAS, in consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions contained in this Agreement, the Parties agree as follows:
AGREEMENT
I. EMPLOYMENT OF THE CITY MANAGER,
The City, consistent with the provisions of City Municipal Code Chapter 2.04 (all subsequent
Chapter or Section references are to the Municipal Code unless otherwise noted), appoints and
employs, effective upon the separation of the City's current City Manager, which is anticipated
to be on April 25, 2014, Christopher L. Foss as its City Manager, and Christopher L. Foss
hereby accepts such employment effective on April 26, 2014 ("the Appointment Date"). The
parties acknowledge that Christopher L. Foss has been serving as the Acting City Manager since
December 21, 2013 and is anticipated to continue doing so until the Appointment Date. During
the term of employment, the City Manager shall not undertake any employment other than as
City Manager of the City except that he may also serve as the chief executive of other legal
entities without violating this Agreement when appointed to such position or positions by the
City Council.
II. COMMITMENTS OF THE PARTIES.
A. City Manager Commitments.
1. Duties and Authority.
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(a) The City Manager shall have those powers and perform all of the
duties of the City Manager as set forth in the laws of the State of California, Municipal Code
Chapter 2.04, and City policies and procedures approved by the City Council from time to time.
(b) The City Manager shall administer and enforce policies established
by the City Council and promulgate rules and regulations as necessary to implement City
Council policies and direct the work of all appointive City officers and departments except those
that are directly appointed by or report directly to the City Council.
2. Hours of Work.
(a) The City Manager is an exempt, at -will employee but is expected
to engage in those hours of work that are necessary to fulfill the obligations of the City
Manager's position. The City Manager does not have set hours of work as the City Manager is
expected to be available at all times.
(b) It is recognized that the City Manager must devote a great deal of
time to the business of the City outside of the City's customary office hours, and to that end the
City Manager's schedule of work each day and week shall vary in accordance with the work
required to be performed. The City Manager shall spend sufficient hours on site to perform the
City Manager's duties; however, the City Manager has discretion over the City Manager's work
schedule and work location.
3. Disability or inability to perform.
In the event the City Manager becomes mentally or physically incapable of performing the City
Manager's functions and duties with reasonable accommodation and it reasonably appears such
incapacity will last for more than six months, the City Council may terminate the City Manager.
If the City Council does elect to terminate the City Manager due to incapacity, the City Manager
shall receive all severance benefits provided in Section V.0 below.
B. City Commitments.
1. As of the Appointment Date, the City shall provide the City Manager with
the compensation and benefits, as set forth in Section III below.
2. The City shall pay for or provide the City Manager reimbursement for all
actual business expenses consistent with Government Code section 53234 et seq., also known as
"AB 1234". The City shall provide the City Manager a City credit card to charge legally
authorized and necessary City business expenses.
3. The City agrees to pay the professional dues or membership dues and
subscriptions on behalf of the City Manager as may be agreed by City Manager and City Council,
including the International City Manager's Association ("ICMA").
4. The City agrees to pay the travel and subsistence expenses of the City
Manager to pursue official and other functions for the City, and meetings and occasions to
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continue the professional development of the City Manager, including, but not limited to,
national, regional, state, and local conferences, and governmental groups and committees upon
which the City Manager serves as a member subject to annual review by the City Council.
5. The City also agrees to pay for the travel and subsistence expenses of the
City Manager for short courses, institutes and seminars that are necessary for the performance
of City Manager duties as set forth in Municipal Code Section 2.04.060.
C. City Council Commitments.
1. The City Council sets policy for the governance and administration of the
City, and it implements its policies through the City Manager. '
2. The City Council recognizes that to meet the challenges facing the City
they must exercise decisive policy leadership. As one step in carrying out this leadership
responsibility, the City Council commits to spending time each year outside of regular City
Council meetings to work with the City Manager and staff on creating and revisiting the City's
strategic plan, for setting goals and priorities for the City government, and to work on issues that
may be inhibiting the maximal achievement of City goals. Likewise, each member of the City
Council will make sufficient time available to the City Manager each week to provide an
opportunity to be briefed on City issues.
3. The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under the supervision and
control of the City Manager.
D. Mutual Commitments,
1. Strategic Workshops.
(a) As soon as practicable after March 1, 2014, the City Council and
the City Manager will meet to review the City's existing Strategic Plan and/or set out goals and
priorities for the City Manager to implement prior to the City Manager's annual performance
evaluation or such other dates as determined in the course of the meeting.
(b) Thereafter the review and update of the City Council's Strategic
Plan will occur bi-annually between January 1st and March 31st, in accordance with the City's
budget cycle. For purposes of clarity, the City Council and the City Manager shall further
establish a relative priority among those goals and objectives within the Strategic Plan.
2. Annual Performance Evaluation.
(a) The City Council shall conduct an evaluation of the City
Manager's performance at least once each year. The City Council and the City Manager agree
that performance evaluations, for the purpose of mid -course corrections, may occur at any time.
The parties agree that the initial evaluation shall occur shortly before or after the first
anniversary of the Appointment Date.
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(b) The annual review and evaluation shall be in accordance with
specific criteria developed jointly by the City Council and the City Manager during the initial
strategic planning and goal setting workshop described in Section II.D.I (a) above. Such criteria
may from time to time be added to or deleted as the City Council determines in consultation
with the City Manager.
(c) In addition to the annual strategic plan workshops the City
Council and the City Manager may further define such goals and performance objectives during
the annual evaluation as they mutually determine are necessary for the proper operation of the
City for the attainment of the City Council's policy objectives. The City Council and the City
Manager shall further establish a relative priority among those goals and performance objectives.
The Parties may use an outside facilitator paid for by City to assist them in conducting the City
Manager's annual performance evaluation.
(d) The City Manager shall hold annual team building retreats with key
Departmental personnel.
3. ICMA Code of Ethics.
(a) The Parties acknowledge that the City Manager is a member of the
ICMA and desire that the City Manager be, subject to and comply with the ICMA Code of
Ethics, a copy of which is attached as Exhibit A.
(b) The City and the City Council agree that neither the City Council
nor any of its members will give the City Manager any order, direction, or request that would
require the City Manager to violate the ICMA Code of Ethics.
III. COMPENSATION.
The City agrees to provide the following compensation to the City Manager:
A. Compensation and Required Employer Costs.
Base Salary.
(a) The initial salary for the position of City Manager shall be $18,690
per month. The Salary shall be adjusted on July 1, 2014 based on the percentage change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -
Oakland -San Jose Area between February 2013 and February 2014. The City agrees to
reevaluate the salary following the initial performance evaluation described in Section II.D.2(a)
above.
(b) The City Manager shall be paid at the same intervals and in the
same manner as regular City employees.
(c) The City shall not at any time during the term of this Agreement
reduce the base salary, compensation or other financial benefits of the City Manager, unless as
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part of a general City management salary reduction, and then in no greater percentage than the
average reduction of all designated management employees.
2. Pay -for -Performance.
(a) To provide a recognition for the City Manager to produce laudable
results for the organization, the City Council agrees to consider providing a Pay -for -
Performance payment for meeting or exceeding specific goals established by City Council that
are achieved by the City Manager. The City Manager will be eligible at the sole discretion of the
City Council for a Pay -for -Performance payment that is equivalent to the miscellaneous
employees Pay -for -Performance program.
(b) Any adjustment in earnings under this section shall be included as
"compensation eamable" by the City Manager in reporting to the California Public Employees
Retirement System (Ca1PERS) for annual pension credit, but only to the extent, if any, that
Ca1PERS will consider it to be "compensation earnable."
3. Required State Costs. The following costs, to the extent they are
applicable, shall be borne by the City:
(a) Unemployment Compensation.
(b) California Public Employees Retirement System (Ca1PERS). The
City contracts with the CalPERS for retirement benefits. The City shall pay the same amount of
employer and the employee contributions to CalPER.S as provided for miscellaneous employees
of the City of Dublin. In addition, the City Manager shall be eligible for the Ca1PERS Third
Level 1959 Survivor Benefits. The City shall pay the portion required by Ca1PERS, and the City
Manager shall pay $2 per month.
Manager.
Section VI.E below.
(c) The cost of any fidelity or other bonds required by law for the City
(d) The cost to defend and indemnify the City Manager as provided in
(e) 'Workers Compensation.
B. Basic Benefits.
L. Holidays.
The City Manager shall receive the same paid holidays as allocated to miscellaneous general City
employees.
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2. Leave Allowance:
(a) General Leave:
City Manager shall receive thirty three (33) days of general leave on April 26, 2014, May 1, 2015,
and each May 1 thereafter so long as the Agreement remains in effect. Such leave shall be
subject to the same rules applicable to the miscellaneous general City employees, including
maximum accruals, except that on April 26, 2015 and April 26, 2016, City Manager may elect to
be compensated for any unused general leave granted the previous April 26 not to exceed 144
hours. The City agrees to reevaluate the provisions of this section following the annual review
in 2016.
(b) Management Leave:
On May 1 of each year during the term of this agreement, City Manager shall receive twelve (12)
days of "Management Leave." This leave is treated differently than other leave, in that if the
City Manager is unable to use this leave by May 1 of the year following the City Manager's
receiving it, City Manager will be compensated for, any unused Management Leave at that time.
Such compensation shall be based upon the City Manager's base salary identified in Section
III.A.1(a) above.
(c) Payments upon Resignation or Termination:
In the event that the City Manager's services are terminated for any reason, the City Manager
shall be compensated for any unused general leave and management leave, but not for general
leave that has been converted to sick leave. Such compensation shall be based upon the City
Manager's base salary identified in Section III.A.1(a) above.
3. Automobile Allowance.
The City Manager shall be provided a monthly automobile allowance of $541.66 for his use of
his personal vehicle for CITY purposes and shall be paid on the first payroll of the month.
4. Benefits that Accrue to Other Employees.
The City Manager shall be entitled to all compensation benefits, rights, and privileges accorded
to City's designated management employees except as otherwise provided in this Agreement. If
there is any conflict between this Agreement and any resolution fixing compensation and
benefits for City's designated management employees or other unclassified/miscellaneous
employees, this Agreement shall control.
5. Technology Allowance.
Given the importance of technological tools to the effective and efficient business of City
government, the City shall provide the City Manager with an annual $1,000 technology
allowance. The technology allowance shall be paid with the first of the City's adopted pay
periods following May 1 of each year, beginning with 2014.
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W. SECURITY.
A. Pensions.
1. California Public Employees Retirement System (CalPERS).
For the purposes of CalPERS reporting, the City shall treat as "compensation earnable" all.
payments that CalPERS will consider to be "compensation earnable."
2. Deferred Compensation.
The City agrees to the City Manager's participation in a Deferred Compensation Plan. City shall
contribute $5,000 annually to such a Plan on the City Manager's account commencing in May
2014. The annual contribution shall be prorated on a monthly basis.
B. Insurance.
The City Manager shallreceive the same health, dental, vision, life, long term disability coverage
available to the designated management employees of the City.
V. SEPARATION,
A. Resignation.
The City Manager may resign at any time and agrees to give the City at least 60 days advance
written notice of the effective date of the City Manager's resignation, unless the Parties to this
agreement mutually agree to other notice.
B. Non -Renewal of Employment Agreement, Termination & Removal.
1. The City Manager is an at -will employee serving at the pleasure of the City
Council, as provided in Government Code Section 36506.
2. The City Council may terminate the City Manager at any time, with or
without cause, by a majority vote of its members. Notice of termination or non -renewal of this
employment agreement shall be provided to the City Manager in writing consistent with this
Agreement.
3. The City Manager shall not be removed during the 90-day period
preceding or following any City election for membership on the City Council, or during the 90-
day period following any change in membership of the City Council, except upon four -fifths
vote of the City Council.
4. Given the at -will nature of the position of City Manager, an important
element of the employment agreement pertains to termination. It is in both the City's interest
and that of the City Manager that any separation of the City Manager is done in a businesslike
manner.
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C. Severance Pay.
1. In the event the that the City Council terminates the City Manager's
employment for reasons other than for "cause" as further defined under subparagraph D below,
the City shall pay to the City Manager a Severance Payment, which shall be equal to twelve (12)
months of the base salary on the effective date of termination. In the event that the City is
obligated to matte the Severance Payment, the amount shall be paid to the City Manager, at the
City Manager's option, in either twelve (12) equal monthly installments commencing on the 10th
work day following the date of termination or in .a lump sum. Notwithstanding anything to the
contrary in the foregoing, the Parties agree that in no event shall the City Manager receive a cash
settlement upon termination of this Agreement in excess of the maximum cash settlement
authorized by subdivision (a) of Government Code section 53260.
2. In addition, in accordance with Government Code section 53261, the City
will reimburse the City Manager for the premiums for the City Manager's medical, dental and
vision insurances for a twelve (12) month period at the rates in effect on such dates, provided
that such reimbursements will terminate upon the City Manager's retirement or when the City
Manager finds other employment so long as the other employment includes paid coverage for
medical and dental insurance.
3. In the event the City refuses, following written notice of noncompliance,
to comply with any provision in this Employment Agreement benefiting the City Manager, or
the City Manager resigns following a suggestion, whether formal or informal, by a majority of
the City Council that the City Manager resign, or the City Council imposes a material reduction
in the powers and authority of the City Manager, then, in that event, the City Manager may, at
the City Manager's option, be deemed to be "terminated" as of the date of such refusal to
comply or suggestion to resign and this severance pay provision shall be actuated.
D. Separation for Cause.
1. Notwithstanding the provisions of Section V.0 above, the City Manager
may be terminated for cause. For purposes of this Agreement, "cause" shall mean one or more
the following:
(a) Conviction of a felony, or conviction of a misdemeanor involving
moral turpitude;
(b) Commission of an act of moral turpitude; the City Council will not
make a finding or determination about whether the City Manager has engaged in such conduct
without first providing the City Manager a full, fair opportunity to rebut, defend and justify any
such alleged act involving moral turpitude in an open or closed session, at the sole choice of the
City Manager
(c) Abuse of non-prescription or prescription drugs, alcohol or
controlled substances that affect the performance of the Manager's duties;
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(d) Repeated and extended absences from the City Manager's office
and duties, which absences have not been approved by the City Council.
(e) Violation of the City's policies concerning sexual harassment;
(f) Material breach of the terms and conditions of this Agreement.
2. In the event the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall be entitled to only the
compensation accrued up to the date of termination and such other termination benefits and
payments as may be required by law. The City Manager shall not be entitled to any severance
benefits provided by Agreement Section V.0 above.
3. In the event the City terminates the City Manager for cause, the City, the
Mayor and/or the City Council members and the City Manager agree that neither Party shall
make any written or oral statements to'members of the public or the press concerning the City
Manager's termination except in the form of a joint press release which is mutually agreeable to
both Parties. The joint press release shall not contain any text or information that would be
disparaging to either Party. Provided, however, that either Party may verbally repeat the
substance of any such press release in response to inquiries by members of the press or public.
E. Payment for Unused Leave Balance.
In the event the City Manager dies while employed by the City under this Agreement, the City
Manager's beneficiaries, or those entitled to the City Manager's estate, shall be entitled to the
City Manager's earned but then -unpaid salary, and any in -lieu payments for then -accrued
benefits, including compensation for any unused general and management leave in accordance
with Section III.B.2(c) above.
VI. GENERAL PROVISIONS.
A. Term.
1. The Initial Term shall be for a period of 60 months commencing on April
26, 2014, and continuing until April 26, 2019 ("the Termination Date").
2. This Agreement shall automatically renew as provided herein unless the
City gives the City Manager timely notice of non -renewal. The City must give the City Manager
written notice of non -renewal at least twelve (12) months prior to the Termination Date or any
succeeding Termination Date, as defined in the next sentence. Unless such notice of non -
renewal is timely given, this Agreement shall automatically renew for an additional three-year
Term and a new Termination Date shall be accordingly established.
B. Provisions that Survive Termination.
Many sections of this Agreement are intended by their terms to survive the City. Manager's .
termination of employment with the City, including but limited to Sections IV, V.C, V.E, and
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VI.E above. These sections, and the others so intended, shall survive termination of
employment and termination of this Agreement.
C. Amendments.
The Agreement may be amended at any time by mutual written agreement of the City and the
City Manager.
D. Conflict of Interest.
1. The City Manager shall not engage in any business or transaction or shall
have a financial or other personal interest or association, direct or.indirect, which is in conflict
with the proper discharge of official duties or would tend to impair independence of judgment
or action in the performance of official duties. Personal as distinguished from financial interest
includes an interest arising from blood or marriage relationships or close business, personal, or
political associations. This section shall not serve to prohibit independent acts or other forms of
enterprise during those hours not covered by active City employment, providing such acts do
not constitute a conflict of interest as defined herein.
2. The City Manager shall also be subject to the conflict of interest
provisions of the California Government Code and any conflict of interest code applicable to
the City Manager's City employment.
3. The City Manager is solely 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.
E. Indemnification.
1. The City shall defend, save harmless and indemnify the City Manager
against any claim or action to the extent required by, and subject to the limitations contained in,
Government Code sections 825-825.6 and Government Code sections 995-996.6. The City may
compromise and settle any such claim or suit and pay the amount of any settlement or judgment
rendered thereon.
2. In the event that the City Manager shall serve as the chief executive of
other City -controlled legal entities, then the City agrees, for the purposes of the indemnity and
defense obligations under this section and Government Code sections 825-825.6 and 995-996.6,
that any actions or omissions within the scope of those duties shall be treated as within the
scope of City Manager's employment by the City.
F. Severability.
If any clause, sentence, part, section, or portion of this Agreement is found 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.
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G. Jurisdiction and Venue.
This Agreement shall be construed in accordance with the laws of the State of California, and
the Parties agree that venue for legal action concerning any aspect of the Agreement in State
Court shall be maintained in Alameda County Superior Court and for an action in Federal Court
shall be in the United States District Court for the Northern District of California.
H. Entire Agreement.
This Agreement represents the entire agreement of the Parties, which has been jointly drafted by
the Parties, and no representations have been made or relied upon except as set forth in this
Agreement which may be amended or modified only by a written, fully executed agreement of
the Parties.
I. Notice.
Any notice, amendments, or additions to this Agreement, including change of address of either
party during the term of this Agreement, which the City Manager 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:
If to the City:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
If to the City Manager:
Christopher L. Foss
127 Zephyr Place
Danville, CA 94526
VII. ' EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate
at Dublin, California, as of the date set forth above.
CITY OF DUBLIN
r
By:
Tim Sbranti, Mayor
CITY MANAGER
6stopher L. Foss
Page 11 0£ 12
Caroline P. Soto, City Clerk
J Bakker, City Attorney
2235186.5
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A , •
CHRISTOPHER L. FOSS
FOR EMPLOYMENT AS CITY MANAGER
This FIRST AMENDMENT is made and entered into this 2nd day of June, 2015, by and
between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the
• CHRISTOPHERFOSS,- -• to
A. CITY and FOSS are parties to an Agreement to employ FOSS as City Manager,
dated February 18, 2014 ("the Agreement").
B. The parties now desire following the Annual Performance Evaluation that
commenced on March 17, 2015, with the appointment of a City Council subcommittee to amend
the agreement to increase FOSS's base salary payable pursuant to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants
herein contained, the parties agree to amend The Agreement as follows:
Section III.a.1. (a) of the Agreement is amended to read as follows:
"(a) Commencing on April 26, 2015, the salary for the position of City Manager shall be
$20,017 per month. If the Council adopts the anticipated Ordinance to Amend the City's
Retirement Contract with CalPERS approving employee sharing additional costs prior to July 1,
2015, the salary shall be adjusted on July 1, 2015 to be $20,818 per month. The City agrees to
reevaluate the salary following the performance evaluation described in Section II.D.2 (a)
above."
2. Except as amended herein, The Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN.
By: `
Mayor David Haub rt
ATT T:
GP/
Caroline P, Soto, City Clerk/Records Manager
hristopher L. Foss
SECOND AMENDMENT TO
F1-,GikEEWM M
AND
CHRISTOPHER L. FOSS
FOR EMPLOYMENT ... CITY MANAGER
This SECOND -AMENDMENT is made and entered into this 16th day of August,
2016, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter
referred to as the "CITY", and CHRISTOPHER L. FOSS, hereinafter referred to as
"CITY MANAGER".
A. 'CITY and CITY MANAGER are parties to an Employment Agreement,
dated February 18, 2014 (the "AGREEMENT").
B. The AGREEMENT was amended on June 2, 2015 to increase CITY
MANAGER'S base salary.
C. Following the Annual Performance Evaluation of CITY MANAGER that
commenced on March 1, 2016 and included the appointment of a City Council
subcommittee, the parties desire to amend the AGREEMENT to increase CITY
MANAGER'S base salary.
D. The parties also wish to adjust CITY MANAGER'S leave allowance and
severance pay.
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree to amend The Agreement as follows;
Section I II.A.1. (a) of the Agreement is amended to read as follows;
"(a) Commencing on April 25, 2016, the salary for the position of City Manager
shall be $21,859 per month. The City agrees to reevaluate the salary following the
performance evaluation descr1b6d irt--Section II.D.2 (a) above."
2. Section III.B.2. (a) of the Agreement is amended to'read as follows;
"(a) City Manager shall receive thirty-three (33) days of general leave on April
26, 2014, May 1, 2015 and each May 1 thereafter so long as the Agreement remains in
effect. Such leave shall be subject to the same rules applicable to the miscellaneous
general City employees, including maximum accruals, except that annually on April 26
each year, City Manager may elect to be compensated for any unused general leave
granted the previous year not to exceed 144 hours. The City agrees to reevaluate the
provisions of this section following the annual review in 2017."
4, Section V. C. ofthe Agreement is amended to read as follows;
"1. In the event the that the City Council terminates the City Manager's
employment for reasons other than for "cause" as further defined under subparagraph D
below, the City shall pay to the City Manager a Severance Payment. The Severance
Payment shall be equal to twelve (12) months of the base salary on the effective date of
termination. Beginning on the anniversary of the Appointment Date of 2016, or April 25,
2016, and every anniversary of the Appointment Date thereafter, the number of months
used to calculate the amount of the Severance Payment shall be increased by one (1)
month, except that in no event shall the total number of months used to calculate the
Severance Payment exceed eighteen (18) months, In the event that the City is
obligated to make the Severance Payment, the amount shall be paid to the City
Manager, at the City Manager's option, in either equal monthly installments
commencing on the 10th work day following the date of termination or in a lump sum,
Notwithstanding anything to the contrary in the foregoing, the Parties agree that in no
event shall the City Manager receive a cash settlement upon termination of this
Agreement in excess 'of the maximum cash settlement authorized, by subdivision (a) of
Government Code section 53260,"
"2. In addition, in accordance with Government Code section 53261, the City
shall reimburse the City Manager for the premiums for the City Manager's medical and
dental insurances for a period following the effective date of termination equal to the
number of months then being used to calculate the amount of the Severance Payment
under Section V.C.1. at the rates in effect on such dates, provided that such
reimbursements will terminate upon the City Manager's retirement or when the City
Manager finds other employment so long as the other employment includes paid
coverage for medical and dental insurance,"
3. Except as amended herein, The Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written,
CITY OF DUBLIN
BY
Mayor David Haubert
istopher L. Foss
ATT T:
Gam,
Caroline Soto, City Clerk
2690872.2
THIRD AMENDMENT TO
AGREEMENT sCITY '
AND
CHRISTOPHER L. FOSS
_} EMPLOYMENT MANAGER
This THIRD AMENDMENT is made and entered into this 5th day of September,
2017, by • between - CITY OF •_Corporation,r hereinafter
referred to as the "CITY", and CHRISTOPHER L. FOSS, hereinafter referred to as
:'CITY MANAGER".
A. CITY and CITY MANAGER are parties to an Employment Agreement,
dated February 18, 2014, as amended on June 2, 2015 and August 16, 2016 (the
"AGREEMENT").
B. Following the Annual Performance Evaluation of CITY MANAGER that
commenced on March 1, 2016 and included the appointment of a City Council
subcommittee, the parties desire to amend the AGREEMENT to increase the City
Manager's base salary by 8% (5% merit increase and 3% cost of living adjustment).
C. The parties also wish to adjust CITY MANAGER'S leave allowance,
deferred compensation plan, and technology allowance.
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree to amend The Agreement as follows:
1. Section III.A.1. (a) of the Agreement is amended to read as follows:
"(a) Commencing on May 1, 2017, the salary for.the position of City Manager
shall be $23,608 per month. The City agrees to reevaluate the salary following the
performance evaluation described in Section II. D.2 (a) above."
2. Section' ill.B.2. (a) of the Agreement is amended to read as follows:
"(a) City Manager shall receive thirty-eight (38) days of general leave on May
1, 2017 and each May 1 thereafter so long as the Agreement remains in effect. Such
leave shall be subject to the same rules applicable to the miscellaneous general City
employees, except that City Manager maximum general leave accrual limit shall be
increased from four -hundred (400) hours to six -hundred (600) hours and annually on
April 26 each year, City Manager may elect to be compensated for any unused general
leave granted the previous year not to exceed 184 hours."
• ' * h• •r.• • ...• • •
EMM
Given the importance of technological tools to the effective and efficient business
of City government, the City shall provide the City Manager with the ability to be
reimbursed up to $4,500 annually for technology expenditures.
"2. Deferred Compensation.
The City agrees to the City Manager's participation in a Deferred Compensation
Plan. City shall contribute $9,500 annually to such a Plan on the City Manager's
account commencing in May 2017. The annual contribution shall be prorated on
a monthly basis."
3. Except as amended herein, The Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By. 4.t# Z�aA
Mayor Pro Tempore Don Biddle
ATTEST:
4
Caro me Soto, City Clerk
2849117.3
Christopher L. Foss
ii J ) r, i
AND
CHRISTOPHER L. FOSS
FOR EMPLOYMENT AS CITY MANAGER
This FOURTH AMENDMENT is made and entered into this 20t" day of November
2018, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter
referred to as the "CITY", and CHRISTOPHER L. FOSS, hereinafter referred to as "CITY
MANAGER".
A. CITY and CITY MANAGER are parties to an Employment Agreement, dated
February 18, 2014, as amended on June 2, 2015, August 16, 2016, and September 5, 2017
(the "AGREEMENT").
B. Following the 2018 Annual Performance Evaluation of CITY MANAGER, the
parties desire to amend the AGREEMENT to increase the City Manager's base salary by
7% (4% merit increase and 3% cost of living adjustment).
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree to amend The Agreement as follows:
Section III.A.1. (a) of the Agreement is amended to read as follows:
"(a) Commencing on May 1, 2018 the salary for the position of City Manager shall
be $25,261 per month. The City agrees to reevaluate the salary following the performance
evaluation described in Section II.D.2 (a) above."
2. Except as amended herein, the AGREEMENT shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written.
CITY O( DUBLIN
By:
Mayor David Haubert 6WAsfopher L. Foss
ATTEST: (iw 14:1
Caroline Soto, City Clerk
ATTACHMENT 3
RESOLUTION NO. -19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE SALARY PLAN
WHEREAS, in accordance with the City’s Personnel System Rules, the City Council
adopted Resolution No. 86-01 and subsequent Resolutions which comprise the Salary Plan.
NOW, THEREFORE, BE IT RESOLVED that the position of City Manager shall be
covered under Article I, Section A of the Plan:
BE IT FURTHER RESOLVED that said position shall be paid a flat monthly rate within
the salary plan as follows:
City Manager (Contract): $25,514 (flat rate)
BE IT FURTHER RESOLVED that this document shall become a part of the official
Salary Plan for the City of Dublin; and that the changes contained herein shall be effective May
1, 2019.
PASSED, APPROVED AND ADOPTED this 20th day of August 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk