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Resolution No. 2013-048RESOLUTION NO. 2013-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING MICHAEL A. WILSON TO SERVE AS THE FIRE CHIEF OF THE CITY OF VERNON WHEREAS, on December 29, 2012, Mark Whitworth resigned as Fire Chief of the City of Vernon to eliminate the concurrent executive positions being filled by one individual, in accordance with the Good Governance Reforms recommended by Senator Kevin de Leon and the City's Indendent Reform Monitor, John Van de Kamp; and WHEREAS, per the Good Governance Reforms recommended by Senator Kevin de Leon and the City's Independent Reform Monitor, John Van de Kamp, the City retained the services of Roberts Consulting Group, Inc. to conduct an open recruitment for a Fire Chief for the City of Vernon; and WHEREAS, Roberts Consulting Group, Inc.. created an executive recruitment brochure for the position, attached hereto as Exhibit A, and conducted a broad and extensive outreach and recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the four highest ranking candidates at a special City Council meeting on May 1, 2013; and WHEREAS, the City Council of the City of Vernon has determined Michael A. Wilson ("Wilson"), to be the most qualified candidate for the position and desires to appoint Wilson to serve as the Fire Chief, effective May 7, 2013, subject to the execution of an At -Will Executive Employment Agreement; consistent with the form of Agreement adopted by the City Council for public safety executives. 050213730 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby appoints Michael A. Wilson to serve as the Fire Chief of the City of Vernon, effective May 7, 2013. SECTION 4: The Interim City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wilson and shall have him subscribe to it and file it with the Human Resources Department. SECTION 5: The City Administrator is authorized to enter into an At -Will Executive Employment Agreement with Mr. Wilson, consistent with the form of Agreement adopted by the City Council for public safety executives and at the salary and benefit level approved by the City Council. - 2 - 050213730 SECTION 6: The Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7th day of May, 2013. Name: W. Michael McCormick ATTES n n Title: Mayor /--Ma D — U Dana Reea Interim City Clerk /• r 1 1 1 APPROVED A YTI, FORM12I'7 Nicholas rge Roariguez, City Attorney - 3 - 050213730 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Dana Reed I, , Interim City Clerk / pit, r_rl�w of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-48, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, May 7, 2013, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ?-) day of May, 2013, at Vernon, California. (SEAL) U Dana Reed Interim City Clerk /—Pena - 4 - 050213730 EXHIBIT A FIRE CHIEF [City of Vernon, CA] THE CITY Vernon is an industrial city of 5.2 square miles located about five miles to the southeast of downtown Los Angeles. Founded in 1905 as the first exclusively industrial city in the Southwestern United States (its residential population is 112 per the 2010 Census), Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine in the region. Offering an environment uniquely friendly to business, Vernon is the home to many Fortune 500 companies in industries that include food and agriculture, apparel, steel, plastics, logistics and home furnishings. This includes over 1,100 industrial buildings, of which over 95% have sprinklers. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant support for public services such as health care and education. Over the years, Vernon's city government has grown into one of the most efficient and business -friendly in the region. With some of the lowest taxes of any city, in the State, Vernon is able to offer an array of municipal services tailored to meet the needs of its business community. Vernon is one of just a small number of cities in the United States with a Class 1 rated fire department, and one of four cities in California with its own health department, which specializes in industrial issues. The City's businesses receive very low rates for water, electricity, gas and fiber optics as a result of Vernon's independent utilities. In 2008, Vernon was named by the Los Angeles County Economic Development Corporation as the County's "Most Business Friendly City" for cities with less than 50,000 residents. The five members of the City Council are elected at large, on a non -partisan basis, for five year. staggered terms and, as a result of 2011 Charter amendments, no person may serve more than two terms of office (terms that began before the effective date of the amendment do not apply to the two term limit). The Mayor is selected by the Council. The City's total budget for FY 2012-13 is almost $323 million (the General Fund budget is $46.6 million) with about 250 employees. Vernon is on the cusp of historic reform and the creation of a model government. In 2011, Former California State Attorney General John Van de Kamp was engaged to serve as an Independent Ethics Advisor to the City. Later that year, he presented an initial report summarizing his findings and presenting recommendations for Good Governance Reform, and has followed up with two reports since that time. A number of these measures have been implemented and others are ongoing, with the most recent report in July 2012 indicating that the City is continuing to make real progress, although there is still more to be done. In addition, a letter from California State Senator Kevin De Leon outlined six proposed Critical Path Reforms for the City to undertake to address concerns: 1) creating greater accountability and transparency by implementing charter reform via election; 2) implementing the recommendations in the Van de Kamp report; 3) doubling the electorate through the construction of additional housing units within three years; 4) appointing an Independent Reform Monitor for four years; 5) continuing and establishing worker rights for police, fire and other public employees; and 6) establishing a Good Neighbor Program, including a substantial and long-term Environmental and Community Benefit Fund (although the most recent Van de Kamp report recommends that it be consistent with the City's fiscal ability to financially support it). Also adding to the reform is the recent hiring of a new City Attorney, Human Resources Director and Finance Director. THE DEPARTMENT The Department's mission statement is as follows: "It is our purpose to protect lives, property and the environment by providing dedicated and skillful services. Through the provision of these services, our goal is to prevent and reduce the loss of life and property from the result of fire, medical and environmental emergencies. We achieve this goal by providing the highest level of customer care, hazard reduction and. fire protection services." Pushed to excellence by the nature of the community it protects, few places in the world have fire protection like the small city of Vernon. The City has its own Class 1 Fire Department, and has carried this rating for over 20 years. All fire personnel receive the most advanced fire and rescue training and are provided with state-of-the-art equipment and apparatus. Four fire stations with eight engines ensure that a fire crew is ready to respond within every mile and a half of city property. This strategic location of stations has resulted in response time of less than three minutes any time life or property is threatened. In addition, the City has 16-inch water mains with 71-to-72 pounds of pressure, which greatly aids in the City's ability to fight industrial fires. Vernon is a city with a commitment to business. With as many as 50,000 people working in factories, warehouses and refineries, often dealing with inherently dangerous equipment, this creates some very' demanding challenges on rescue personnel. The Vernon Fire Department has enjoyed tremendous support by City officials and the business community, and is allocated the resources required to maintain a highly effective and efficient emergency response system. Because of the highly industrialized nature of Vernon, and the unusual hazards inherent in that environment, a major focus of operations is towards the specialized training of fire department emergency responders. In addition to the normal jobs and tasks of firefighting and emergency medical response, many of the Vernon Firefighters receive the following specialized training: Hazardous Materials - Technician & Specialist, Confined Space Rescue, Rescue Systems I and II, Trench Rescue, Emergency Building Shoring, Fire Prevention and Investigation, and Emergency Response to Terrorism. The commitment to public service, combined with the need to keep up with the ever accelerating pace of technology, has also led to such specialty programs as Vernon Fire's Urban Search and Rescue and Hazardous Materials Teams. Furthermore, the Fire Prevention Program has had such great success that structure fires are at an all-time low. Such service has placed the Vernon Fire Department into the top 35 highest rated departments in the United States. The Department has aFY2012-13 budget of $14.4 million with approximately 80 staff, and is broken down into the following four divisions: *Administration - handles all personnel, finance, fleet service, purchasing assistance, and record management activities. * Fire Prevention - responsible for all fire inspections and fire investigations. All Station Captains participate in annual inspection duties. * Operations - responsible for all field operations including: fire suppression, emergency medical services/paramedic provider, hazardous materials, urban search and rescue, and fire/non-fire response activities including public education and community awareness programs. - Hazardous Materials (HazMat) - Due to the industrial nature of Vernon, the City established a fully staffed HazMat team a decade ago. With the threat of weapons of mass destruction (WMD) and acts of terrorism, current HazMat personnel are also trained in the mitigation and detection of WMD, as well as chemical warfare agents. The Spartan Super Vac Hazardous Materials Unit is custom built and includes the following: on -board laboratory, a variety of monitoring and detection devices, portable weather station, command cab and laptop computers, WMD response module, hazardous materials library, level "A" response suits and equipment, and exterior compartments for rescue and decontamination tools. In compliance with a mutual aid agreement, the Vernon HazMat team and the Santa Fe Springs HazMat team also provide level "A" response to the cities of Downey, Montebello, Compton and Long Beach. - Urban Search and Rescue (USAR) - The USAR team was formed to facilitate rescues for any man made or natural disaster, and has specialized training in building collapse, rope rescue, confined space rescue, trench collapse and swift water rescue, as well as rapid intervention tactics which are essential to rescuing a down or trapped firefighter. Specialized equipment includes: two state-of-the-art search cameras, a thermal imaging camera, two air monitors, jaws of life, concrete cutting chainsaw; jackhammers, rope rescue equipment, swift water rescue equipment, and normal firefighting gear. The apparatus is 2000 J41 rescue apparatus with a custom Spartan cab and chassis. Its power comes from a 350 horsepower Cummins ISC diesel engine. Mounted outside the unit are an 8000 lb. winch, fixed and portable lighting, and two portable generators. With this training and equipment, the California State Office of Emergency Services has awarded Vernon a rescue rating of "Heavy," which is the highest rescue rating the State awards. The Department has also constructed and maintains a State certified rescue systems 1 and confined space rescue training facility. *Training - has the operational responsibility for the Fire Department Training Center, by conducting recruit academies and the testing of recruits during the one-year evaluation period. Other areas of responsibility include in-service training for fire personnel in fire operations, continuing EMS education, hazardous materials specialist and first responder, urban search and rescue, and other related skill practices. THE POSITION Under administrative direction, the Fire Chief plans, organizes coordinates and sees to the control of operations of all personnel and activities of the Fire Department in the protection of life and property from losses due to fire, explosion or other disasters; the development of a systematic Fire Prevention program; and other related duties and responsibilities as may be required. The Fire Chief reports directly to and is under the supervision of the City Administrator, and exercises full responsibility for the overall operation of the Fire Department and the direct supervision of the Department. _ Examples of duties may include, but are not limited to, the following: *Plans, directs, supervises and reviews the activities of all firefighting personnel performing such functions as firefighting, training, fire prevention and other related inspection activities. *Directs or sees to the direction of firefighting and other emergency activities. - *Makes recommendations to the City Administrator in matters of personnel, apparatus, equipment and operations of the Fire Department. *Initiates and advises on the development of ordinances, laws and regulations related to the Fire Department. *Directs the establishment of adequate training programs. *Oversees the preparation of the annual Fire Department budget. *Submits all periodic reports as required. *Attends City Council meetings, conventions and seminars, as required. *Coordinates the activities of the Fire Department as related to other fire departments in the Area "E" Mutual Aid Pact. The current Fire Chief has been appointed to the position of City Administrator. As such, the City is seeking a new Fire Chief. THE CANDIDATE Education and Experience *Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain such knowledge and abilities would be: 1) an Associate of Science degree or equivalent college training in Fire Science, Fire Administration, Public Administration or a closely related field; and 2)15-to-20 years of firefighting experience, at least three of which must have been at a level comparable to that of a Battalion.Chief with the Vernon Fire Department. * Prefer experience with a comparably sized fire department (e.g., with three to eight stations) in a community that includes industrial buildings. * Must possess a valid California Class C driver's license. Knowledge. Skills and Abilities - *Vision Care: City provides a vision care reimbursement plan to employees only, Employees have the option of purchasing vision The selected candidate should have excellent interpersonal, communication, care for their dependents at a monthly cost of $6.95 for one presentation and public relations skills, as well as knowledge of: dependent or $13.95 for two or more dependents. *Modern methods of fire department administration. *Principles of public administration. *Budgeting, training, personnel and municipal government. *Up-to-date developments in techniques and equipment of modern firefighting. *Fire prevention, equipment, maintenance and drill procedures. *City ordinances related to firefighting and fire prevention. In addition, he/she should be able to: * Lay out, direct and coordinate the work of the Fire Department staff, exercising authority in a forceful and respectful way, maintaining discipline and morale. * React quickly, calmly and efficiently in case of emergency. * See to the keeping of proper records and the preparation of comprehensive reports. * Utilize tact and diplomacy in offering information. * Maintain cooperative working relations with other employees and the general public. Management Style and Personal Traits The ideal candidate will be someone who can properly prioritize his/her workload, follows through, and who is detail oriented, well organized, decisive and has a sense of urgency. He/She should be a team player who is open and approachable, as well as able to identify, select and motivate subordinate staff. This person should be proactive in advising the City Administrator and City Council. Furthermore, he/she should be responsive, in a timely manner, to requests from the Council and the City Administrator. He/She must be politically astute, hardworking, energetic and confident, with a "can do" attitude. Finally, the Fire Chief needs to be trustworthy and ethical. COMPENSATION * Retirement: Public Employees Retirement System (3% @ 50 if CalPERS member prior to January 1, 2013. New CaIPERS membership effective January 1, 2013 formula is 2.7% @ 57). Employee pays 9% member contribution. *Deferred Compensation: 457 plan is available at employee cost (the City does not contribute). *Retiree Medical: Firefighters who have been employed as public safety personnel for a minimum of 20 years and a minimum of ten years of that service having been in the employment of the City of Vernon will receive retiree medical for themselves up to the age of 65. *Uniform Allowance: After first year of service, firefighters receive $725 per fiscal year for the purchase of uniforms and related equipment. *Education Incentive Pay: Cumulative maximum of 6%; Fire Science Certificate - 3°% of base salary; AA or AS degree in Fire Science or Fire Technology with completion of five years of uninterrupted service with the Vernon Fire Department - additional 3% of base salary. * Hazardous Materials Specialist Pay - Certified as a Hazardous Materials Specialist - $125 per month. * Urban Search and Rescue Pay - Certified USAR Specialist - $125 per month. *Auto: A City vehicle is provided. *Credit Union: Membership is available through the California State University, Los Angeles Federal Credit Union. *Bilingual Pay: $125 per month to employees who successfully pass the bilingual proficiency examination. *Tuition Reimbursement: Available to employees who satisfactorily complete job related college courses ($2,200 per fiscal year) after successful completion of the evaluation period. *Work Schedule: 4/10 work week for the Fire Chief (typical firefighting personnel work 48 hours on and 96 hours off). HOW TO APPLY The annualized salary for this position is $199,188. In addition, benefits Send resumes (email preferred) by February 25, 2013 to: are provided which include: * Vacation:120 hours per year with less than five years of service,150 hours for 5-10 years, 170 hours for 10-15 years,185 hours for 15-25 years, and 190 hours for over 25 years. *Administrative leave: 80 hours effective January 1 of each calendar year, which is lost if not used. If hired on or after July 1st, 40 hours of pro -rated administrative leave are provided for that year. * Holidays: Eleven paid holidays per year. * Sick Time: Accrued at 3.08 hours per pay period for a maximum of 80 hours per year, with a maximum cap of 480 hours. * Health: HMO or PPO/HSA Plan with up to $13,200 contributed annually towards medical and dental insurance coverage for employee and dependents. ROBERTS CONSULTING GROUP INC PO Box16692 Beverly Hills, CA 90209 Phone:(818) 783-7752 Fax:(818) 783-6377 Email: robertsrcg@msn.com Equal Opportunity/ADA Employer -Additional information about the City and the Department can be found on their website at www.cityofvernon.org. CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: CONTRACT PURPOSE: Ar-WI14 iaG(CCMENi' r�R FIR& r.a1CF CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID [( EXEMPT FROM COMPETITIVE PROCESS 5(SERVICES 0 MATERIALS dBUDGETED ❑ NOT BUDGETED gtdc TOTAL CONTRACT VALUE: $ �9 I ISb4 (SALARY Q LV) Charge Acct. No(s) 011.1* 33 -Sn lol Amendment Value $ ❑ Contract is an Amendment to Contract No. (if Applicable) RESPONSIBLE DEPARTMENT PERSON: Y-M&TC,4 Er-jwmo a PHONE: X3ig V6?.o r,(.UCI+EN'T AUTHORIZATION: Approved by Council on M m l 12013 (Check One) Resolution No. (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation OAmendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance (2) Liability and Claims ry Approves insurance and sureties, if bonds required l (3) Finance (Purchasing) & I (� — Checks compliance with Competitive Bidding & Living Wage Ordinances f And reflected in current budget (4) City Attorney Approves to form, bonds insurance included contract as verifies and (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor Rev. 4/25/13 i, t OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 26, 2013 Michael A. Wilson Re: Fire Chief At -Will Employment Agreement Dear Mr. Wilson: Transmitted herewith is an original fully executed employment agreement, approved through Resolution No. 2013-48, approved by City Council on May 7, 2013. If you have any questions regarding this matter, please call Mark Whitworth at (323) 583-8811 ext. 398. Very trul yours, Deborah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Teresa McAllister Mark Whitworth Resolution No. 2013-48 Agreement File No. 13-025 EXcfusivefy Iridustriaf AT -WILL EMPLOYMENT AGREEMENT (SAFETY) BETWEEN THE CITY OF VERNON AND Michael A. Wilson THIS AGREEMENT is between the City of Vernon ("City") and Michael A. Wilson ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Fire Chief. Employee desires to be the Fire Chief and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The term of this Agreement shall be from June 3. 2013, to and through June 2. 2016, unless earlier terminated by either party pursuant to the provisions of this Agreement. Employee is an at -will employee and may be terminated, with or without cause, and with or without notice, at any time by the City Administrator. Employee may resign with thirty (30) days advance notice as set forth in Section 9 below. Section 2: DUTIES A. City engages Employee as the Fire Chief to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated here by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his/her ability and experience that he/she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his/her duties, he/she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he/she will not disclose such confidential information May 2013 other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he/she has a question as to the confidentiality of information obtained in the course of his/her employment; he/she will contact the City Administrator for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his/her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his/her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $199,188, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Increases, if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS Annually, or more frequently at the discretion of the City Administrator, the City Administrator will define goals and performance objectives for Employee. Said goals and objectives will be placed in writing and used to evaluate the performance of Employee. Employee will receive an evaluation six months from the hire date established in this Agreement and annual reviews thereafter by the City Administrator. The City Administrator may conduct more frequent evaluations in his/her discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Administrator, receive a salary adjustment (Merit increase) based on the Employee's performance, as evaluated by the City Administrator. Section 6: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 3% @ 50 benefit formula for sworn public safety employees. The Employee pays 9% for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City - 2 - May 2013 Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then current Resolutions of City Council pertaining to Fire Management Personnel and any benefits specified specifically for the Fire Chief, including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include Education Incentive Pay, Hazardous Materials Specialist Pay, Urban Search and Rescue Specialist Pay, Physical Fitness/Wellness Program. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Fire Management Staff in differing amounts: Medical and Dental Insurance, and Vacation and Administrative Leave. For the term of this Agreement, Employee has elected to receive Medical and Dental Insurance, as provided to Fire Management Personnel, and has elected to receive Vacation and Administrative Leave Policy, as provided to Executive Management Staff. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his/her reasonable election, and as the City Administrator may approve. Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section, and subject to the provisions of the Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in Paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his/her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to him/her or abuse of his office or position or any felony or a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. At termination, Employee shall be paid for all earned, but unused, vacation time. - 3 - May 2013 Section 8: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. If Employee is provided funds for any legal criminal defense during his/her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his/her office or position. Section 9: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his/her resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section 10: DISABILITY If Employee is permanently disabled or otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 8 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 11: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: - 4 - May 2013 TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Michael A. Wilson B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on June 3, 2013. [Signatures Begin on Next Page]. - 5 - May 2013 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter city and California municipal corporation G�1 i Dated: By: ✓"i,�• %�LY �.....__>> Mafk'C. Whitworth, City Administrator jT d, Interim City Clerk Approved t formoel Nicholas George Rodriguez, City Attorney - 6 - May 2013 In signing this Agreement, Employee understands and agrees that his/her employment status is that of an at -will employee and that his/her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he/she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated:���a4sa Signed: c Michael A. Wilson, Employee - % - May 2013 ATTACHMENT A Job Description Under administrative direction, the Fire Chief plans, organizes coordinates and sees to the control of operations of all personnel and activities of the Fire Department in the protection of life and property from losses due to fire, explosion or other disasters; the development of a systematic Fire Prevention program; and other related duties and responsibilities as may be required. The Fire Chief reports directly to and is under the supervision of the City Administrator, and exercises full responsibility for the overall operation of the Fire Department and the direct supervision of the Department. Examples of duties may include, but are not limited to, the following: Plans, directs, supervises and reviews the activities of all firefighting personnel performing such functions as firefighting, training, fire prevention and other related inspection activities. Directs or sees to the direction of firefighting and other emergency activities. Makes recommendations to the City Administrator in matters of personnel, apparatus, equipment and operations of the Fire Department. Initiates and advises on the development of ordinances, laws and regulations related to the Fire Department. Directs the establishment of adequate training programs. Oversees the preparation of the annual Fire Department budget. Submits all periodic reports as required. Attends City Council meetings, conventions and seminars, as required. Coordinates the activities of the Fire Department as related to other fire departments in the Area "E" Mutual Aid Pact. - 8 - May 2013 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee -9- May 2013 0 0 x �� ID .00 O -� a x M n rt W ry nT ry W 0 rt M �.. CL R' n m. ry w 0 [.f[P[.f[J@P[P[PrJ�Cf[P[P[PfJ�CI�[P[P[.n[P[P[P[P[P[PLfC(CIe�P[P[P[P[P[J CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: May 7, 2013 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator M W l RE: APPOINTMENT OF MICHAEL A. WILSONN TO SERVE AS VERNON FIRE CHIEF EFFECTIVE MAY 7, 2013 Recommendation It is recommended that the City Council: 1) Find that adoption of the resolution proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Approve and adopt the attached resolution appointing Michael A. Wilson to the position of Fire Chief of the City of Vernon, effective May 7, 2013. 3) Instruct the Interim City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California to Mr. Wilson on May 7, 2013. 4) Authorize the City Administrator to enter into an At Will Employment Agreement with Mr. Wilson according to the standard terms and conditions adopted by the City Council for executive level employees. Background In line with the City's good governance reforms, namely the elimination of concurrently held executive positions by a single individual, I resigned as Fire Chief effective December 29, 2012, and remained solely in the role of City Administrator as of December 30, 2012. Effective January 22, 2013, the City Council appointed David Kimes, the then Assistant Fire Chief, to serve as Interim Fire Chief while a broad and extensive executive recruitment was conducted by Norm Roberts of Roberts Consulting Group. Mr. Roberts' recruitment efforts produced over 50 qualified applicants, the top 20 or so of which were presented to the City for review and consideration. Those 20 were narrowed to 12, all of who were interviewed by a panel consisting of retired San Marino Fire Chief John Penido, Vernon Chamber of Commerce President Marisa Olguin, Vernon Human Resources Director Teresa McAllister, and my assistants, Alex Kung and Kristen Enomoto. The top-ranking candidates were asked to return for a second round of interviews with the City Council. The City Council conducted interviews with the four highest ranking candidates at a special City Council meeting on May 1, 2013 and, after thorough consideration and deliberation, determined Michael A. Wilson to be the most qualified candidate for the position. Subsequently, the Mayor informed Mr. Wilson of the City Council's determination and confirmed Mr. Wilson's acceptance of the Fire Chief position. As required by Section 2.69-1 of the Vernon City Code, attached herewith for City Council adoption is a resolution appointing Michael A. Wilson to the position of Fire Chief, effective May 7, 2013. Also presented on the May 7, 2013 agenda for City Council approval are recommended form at - will employment agreements (safety and non -safety) for all current and newly hired City of Vernon executives. Provided said form agreements are adopted by the City Council, the form agreement for public safety executives will be completed and executed accordingly by the City and Mr. Wilson at the compensation and benefit level established by the City Council. Fiscal Impact There is no fiscal impact as the Fire Chief position is already included in the 2012-2013 fiscal year budget.