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Resolution No. 2016-050RESOLUTION NO. 2016-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KEITH ALLEN TO SERVE AS THE DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on April 19, 2016, following the departure of Leonard Grossberg as the Director of the Health & Environmental Control, the City Council of the City of Vernon authorized the Human Resources Department to conduct the recruitment process to fill the vacancy; and WHEREAS, the Human Resources Department created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the two highest ranking candidates at a regular City Council meeting on August 16, 2016; and WHEREAS, the City Council of the City of Vernon determined Keith Allen ("Allen") to be the most qualified candidate and directed the City Administrator to pursue the employment of Allen as the Director of Health & Environmental Control of the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Allen to serve as the Director of Health & Environmental Control, effective September 19, 2016. 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 from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. SECTION 3: The City Council of the City of Vernon hereby appoints Keith Allen to serve as the Director of Health & Environmental Control of the City of Vernon, effective September 19, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Allen to serve as Director of Health & Environmental Control of the City of Vernon, in substantially the same form as the copy which is attached hereto as Exhibit B. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Allen and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Allen. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 6th day of September, 2016. UL Name: William J. Davis Title: Mayor ATTEST: Mar a E . A la City Cle k / APPROVED AS TO FORM: Zay4a)h Noussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Maria E . Ayala I, City Clerk / f the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-50, 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, September 6, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this g�'day of September, 2016, at Vernon, California. (S EAL ) - 4 - M ria E. 4ala City Clerk / e� EXHIBIT A DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL CITY OF VERNON 4305 SANTA FE AVENUE, VERNON, CA 90058 EXCL USI VEL Y IND USTRIAL THE COMMUNITY The City of 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 in- dustrial city in the Southwestern United States (its residential popu- lation is 200). Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic region. Vernon offers an environment uniquely friendly to business and is home to many Fortune 500 companies in industries that include food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant support for public ser- vices such as health care and education. Over the years, Vernon has grown into one of the most effi- cient and business friendly city governments in the region. This is due to several factors including: • Vernon offers an array of municipal services tailored to meet the needs of the business community. • Vernon is one of 178 cities in the United States with a Class 1 rated Fire department and one of four cities in Cali- fornia with its own Health and Environmental Control de- partment, specializing in industrial issues. • Competitive tax levels • City -owned and operated utilities, offering competitive rates for water, electricity, gas and fiber optics. • Vernon was a finalist in the 2015 and 2014 Los Angeles County Economic Development Corporation's "Most Busi- ness Friendly City" award competition for cities with less than 50,000 residents; Vernon won the award in 2008. 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 full terms of office. The Mayor is selected by the Council. ie City's total budget for FY 2015-16 is a little over $340 million (the General Fund budget is almost $57 million) with approxi- mately 250 employees. Vernon continues on the path towards creat- ing greater accountability and transparency with the goal to create a model government. In the past five years, Vernon has undergone tremendous change. Through the city's im- plementation of more than 150 good govern- ance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 110 years — has firmly established itself as a model city for good governance. The City Council is seeking a Department Head committed to good governance practices. Key challenges and opportunities facing the Director of Vernon Health & Envi- ronmental Control include: • Establishing and maintaining effective' communications with federal, State, and other local agencies relating to public health and environmental programs and issues. • Working collaboratively with the City's executive team and elected officials to further the City's efforts to become a model city. • Providing guidance to City Administra- tion and other City departments on envi- ronmental issues including environmen- tal assessments of soil and groundwater. • Coordinating the implementation of a' wide range of environmental public health programs including: Unified Pro- gram (Hazardous Materials, Hazardous Waste, Underground Tanks, Above- ground Tanks, etc.), Food Safety, Solid' Waste, Water Quality, Vector Control, Storm Water. THE POSITION ESSENTIAL JOB FUNCTIONS The Director of Health and Environmental Control provides leadership and directs the activities of the professional and administrative staff members of City's Department of Health and Environ- mental Control. The Director of Health and Environmental Control is considered a critical member of the Executive team that has been assembled to successfully address and respond to the myriad of issues that Vernon fac- es on a daily basis. The Director of Health and Environmental Control supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with the public and City staff. The Director of Health and Environmental Control must have diverse knowledge in a variety of fields and be able to direct staff. The role requires the oversight of any and all health and environmental control matters, the utilization of expertise to eval- uate solutions, and the ability to provide critical feedback to urgent, complex issues that arise. Flex- ibility, levelheadedness in high-pressure situations, effective verbal and written communication, and delivery of sound direction to staff are components of an effective leader for the Health and Environ- mental Control Department. This is not a comprehensive listing of all functions and duties performed by incumbents in Director of Health and Environ- mental Control classification: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyze issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regula- tions. • Conducts analyses and evaluations of environmental and pub- lic health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; as- sures that appropriate services are provided. • Provides leadership and direction for all health and environmen- tal control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. • Responds to environmental health complaints, coordinates envi- ronmental risk assessments, and directs the resolution of envi- ronmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter -agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommen- dations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Direc- tor of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmen- tal health including regional public health protocols, environ- mental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative be- havior when interacting with visitors and City staff, maintains confidentiality of work -related issues and City information; per- forms other duties as required or assigned. Skill in: THE IDEAL CANDIDATE The ideal candidate is 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; able to identify, select and motivate subordinate staff; and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Council, City Ad- ministrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Health and Environmental Control needs to be trustworthy, ethical, articulate, and have good people skills. Education Training and Exl2erience: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level in- volving program planning, training and supervision of field activities in a California public health/environmental regula- tory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. License and Certification Requirements: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Special- ist from the California State Department of Health. Additional specific technical certifications are preferred and may be required. i ! ti. Knowled,e of: r • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environ- mental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving pub- lic health issues. • Customer service and public relations methods and practic- es. • Record keeping and file maintenance principles and proce- dures. • Financial planning and accounting. • Information technology. • Personnel management and motivation. • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/ environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary envi- ronmental health issues. • Interpreting technical instructions and analyzing complex varia- bles. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommen- dations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established pro- cedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. Compensation: The proposed monthly salary range for this position is $14,297.00—$17,378.00. Salary placement depends upon qualifications. In addition, benefits are provided which in- clude: vacation, holidays, sick leave and administrative leave; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insur- ance plans offered through AFLAC, Colonial Life, and Mu- tual of Omaha; the option of participating in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement through the California Public Employees Retirement System (CalPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribu- tion) and a 2% at 62 retirement formula for new members (currently new employees pay a 6.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership available. The City has a 4-10 work schedule. HOW TO APPLY To apply for this outstanding opportunity to work for a dy- namic, growing and progressive City, please visit our web - site at www.cityofvernon.org to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Sunday, July 17, 2016 If you have any questions, please do not hesitate to contact Lisette Michel Grizzelle, in the Human Resources Depart- ment at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Health & Environmental Control. Employee desires to be the Director of Health & Environmental Control 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 effective date of this Agreement shall be September 19, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health & Environmental Control to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein 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 ability and experience that he 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 duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. August 2016 Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his 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 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 $192,960.00, 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. Salary adjustments (merit 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays 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 Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount 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 obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for 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 office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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 office or position. If Employee is provided funds for any legal criminal defense during his 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 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 office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his 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 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his 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"). -3- August 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: 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: TO CITY: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: 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. -4- August 2016 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 September 19, 2016. [Signatures Begin on Next Page]. -s- August2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: [Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- August2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his 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 was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee August2016 �wATTACHMENT A Job Description Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety, solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CalARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below, reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. -s- August 2016 • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter -agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work -related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. -9- August 2016 Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. -10- August 2016 AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Keith S. Allen CONTRACT PURPOSE: At -Will Employment Agreement for Director of Health & Environmental Control CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS E(BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 192,960.00 per year Charge Acct. No(s) 011.1060.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT /PERSON: Lisette M. Grizzelle PHONE: ext. 166 C� AUTHORIZATION: Approved by Council on 09/06/2016 (Check One) Resolution No. 2016-50 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) (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 ; �^� Approves insurance and sureties, if bonds required " - �- (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (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, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable (if applicable) Initials Date 4AZ:, q- 1-?-14 Rev. 1/27/14 TRANSAUTTAL COMMUNICATION of OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 15, 2016 Keith S. Allen Re: At -Will Employment Agreement — Director of Health & Environmental Control Dear Mr. Allen: Transmitted herewith is a copy of the original fully executed employment agreement, approved by City Council on September 6, 2016. If you have any questions regarding this matter, please call Lisette Grizzelle at (323) 583-8811 ext. 166. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Lisette Grizzelle Resolution No. 2016-50 Agreement File No. 16-104 E.Xcfusively Industrial FULLY EXECUTED AGREEMENT AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Health & Environmental Control. Employee desires to be the Director of Health & Environmental Control 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 effective date of this Agreement shall be September 19, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health & Environmental Control to perform the functions and duties specified in the job description for the position (Attachment "A" incorporated herein 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 ability and experience that he 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 duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. August 2016 Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his 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 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 $192,960.00, 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. Salary adjustments (merit 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "nevi" miscellaneous employees. The Employee pays 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 Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount 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 obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for 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 office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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 office or position. If Employee is provided funds for any legal criminal defense during his 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 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 office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his 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 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his 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"). -3- August 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: 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: TO CITY: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Keith S. Allen 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. -4- August 2016 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 September 19, 2016. [Signatures Begin on Next Page]. -5- August2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: q'- "- By: [Carlos R. Fandino Jr., City Administrator -6- August2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his 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 was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: L-?t& Signed: Employee -7- August 2016 ATTACHMENT A Job Description Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety; solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CalARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below, reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. -s- August 2016 • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter -agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work -related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. -9- August 2016 Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. -10- August 2016 STAFF REPORT i . '.; �,,, 94, � � Y RECEIVED AUG 3 1 2016 =s STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: September 6, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator (. $_ 3t — `(p Originator: Diana Figueroa, Administrative Secretary RE: Resolution Appointing Keith Allen to Serve as the Director of Health & Environmental Control and Approving the Execution of a Related Employment Agreement Recommendation A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution appointing Keith Allen to serve as the Director of Health & Environmental Control of the City of Vernon effective September 19, 2016, approving and authorizing the execution of a related at -will employment agreement. Background Following the departure of incumbent Director of Health and Environmental Control, Leonard Grossberg, and in light of pressing public matters related to the Health and Environmental Control Department, management opted to fill the Director vacancy on a temporary basis by appointing Lewis Pozzebon as the Interim Director of Health and Environmental Control until recruitment for an individual to fill the position on a permanent basis could be completed. The City of Vernon Human Resources Department began a thorough recruitment process in May of 2016. The process concluded in August with Keith Allen being selected to serve as the new Director of Health & Environmental Control for the City. Recruitment Summary A broad outreach to potential candidates was conducted, resulting in the receipt of forty-one (41) applications. Upon screening all applicants, five (5) were deemed as highly qualified and Page 1 of 3 advanced to the first round of interviews conducted by the City Administrator, City Attorney, Chief of Police, Fire Chief, and Interim Director of Health and Environmental Control. From that pool of candidates, the two (2) highest ranking individuals were recommended for further consideration and were invited to participate in the final interview selection with the City Council. The City Council conducted interviews with the two (2) highest-ranking candidates in Closed Session at the City Council meeting held on August 16, 2016. After thorough consideration and deliberation, the City Council unanimously determined Keith Allen to be the best -qualified candidate to meet the needs of the City and the Health and Environmental Control Department. As such, the City Council directed the City Administrator to pursue the employment of Keith Allen as the Director of Health and Environmental Control for the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process. Candidate Summa Mr. Allen currently serves as an Environmental Health Operation Officer for the City of Long Beach. In this capacity, he has facilitated Environmental Health inspection programs, including food, water, hazmat, and vector control while overseeing an annual operating budget of $6 million and managing a total of 28 employees. Mr. Allen brings over 16 years of experience to the City of Vernon Health and Environmental Control Department. Over the course of his professional career, Mr. Allen has also served as a Program Supervisor/EHS IV and Environmental Health Specialist (levels 1, 11, and III) for the city of Long Beach and the County of Los Angeles respectively. He has acquired knowledge in every role and has developed by assuming higher levels of responsibility over the last several years. Mr. Allen attained his Master of Public Administration degree and his Bachelor of Science degree in Criminal Justice from California State University, Long Beach. He has also pursued industry specific certifications, served as a board member and/or speaker for a variety of Environmental Health organizations, and has worked as a part-time instructor for the California State University of Los Angeles Department of Public Health. Given Mr. Allen's qualifications and extensive experience, he is well suited to meet the needs of the City's Health and Environmental Control Department, and will be a valuable addition to the executive team. At -Will Employment Agreement The At -Will Employment Agreement for the Director of Health and Environmental Control has been presented to Mr. Allen and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes an effective date of September 19, 2016, and a minimum starting salary of $192, 960 per year, plus all benefits provided to executive personnel. The proposed Agreement has been reviewed and approved by the City Attorney's office and is consistent with the City Council approved at -will form agreement. Page 2 of 3 Appointment and Oath of Office Mr. Allen will be in attendance at the September 20, 2016 City Council meeting and will be prepared to take the oath of office at that time. He will assume the duties of the Director of Health and Environmental Control on September 19, 2016. Fiscal Impact The approximate annual cost to fill the Director of Vernon Gas & Electric position as proposed in this staff report is $260,048 (salary of $192,960, plus fringe benefits). Sufficient funds are included in the Department's budget for fiscal year 2016-2017. Attachment(s) 1. Resolution Appointing Keith Allen to Serve as the Director of Health & Environmental Control Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KEITH ALLEN TO SERVE AS THE DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on April 19, 2016, following the departure of Leonard Grossberg as the Director of the Health & Environmental Control, the City Council of the City of Vernon authorized the Human Resources Department to conduct the recruitment process to fill the vacancy; and WHEREAS, the Human Resources Department created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the two highest ranking candidates at a regular City Council meeting on August 16, 2016; and WHEREAS, the City Council of the City of Vernon determined Keith Allen ("Allen") to be the most qualified candidate and directed the City Administrator to pursue the employment of Allen as the Director of Health & Environmental Control of the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Allen to serve as the Director of Health & Environmental Control, effective September 19, 2016. 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 from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. SECTION 3: The City Council of the City of Vernon hereby appoints Keith Allen to serve as the Director of Health & Environmental Control of the City of Vernon, effective September 19, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Allen to serve as Director of Health & Environmental Control of the City of Vernon, in substantially the same form as the copy which is attached hereto as Exhibit B. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Allen and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Allen. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 61-h day of September, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED A,$ TO FORM: Zayre /houssa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, ss , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , 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, September 6, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL CITY OF VERNON 4305 SANTA FE AVENUE, VERNON, CA 90058 EXCLUSIVELY INDUSTRIAL THE COMMUNITY The City of 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 in- dustrial city in the Southwestern United States (its residential popu- lation is 200). Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic region. Vernon offers an environment uniquely friendly to business and is home to many Fortune 500 companies in industries that include food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, providing significant support for public ser- vices such as health care and education. Over the years, Vernon has grown into one of the most effi- cient and business friendly city governments in the region. This is due to several factors including: • Vernon offers an array of municipal services tailored to meet the needs of the business community. • Vernon is one of 178 cities in the United States with a Class 1 rated Fire department and one of four cities in Cali- fornia with its own Health and Environmental Control de- partment, specializing in industrial issues. • Competitive tax levels • City -owned and operated utilities, offering competitive rates for water, electricity, gas and fiber optics. • Vernon was a finalist in the 2015 and 2014 Los Angeles County Economic Development Corporation's "Most Busi- ness Friendly City" award competition for cities with less than 50,000 residents; Vernon won the award in 2008. 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 full terms of office. The Mayor is selected by the Council. ie City's total budget for FY 2015-16 is a little over $340 million (the General Fund budget is almost $57 million) with approxi- mately 250 employees. Vernon continues on the path towards creat- ing greater accountability and transparency with the goal to create a model government. In the past five years, Vernon has undergone tremendous change. Through the city's im- plementation of more than 150 good govern- ance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 110 years — has firmly established itself as a model city for good governance. The City Council is seeking a Department Head committed to good governance practices. Key challenges and opportunities facing the Director of Vernon Health & Envi- ronmental Control include: • Establishing and maintaining effective communications with federal, State, and other local agencies relating to public health and environmental programs and issues. • Working collaboratively with the City's executive team and elected officials to further the City's efforts to become a model city. • Providing guidance to City Administra- tion and other City departments on envi- ronmental issues including environmen- tal assessments of soil and groundwater. • Coordinating the implementation of a wide range of environmental public health programs including: Unified Pro- gram (Hazardous Materials, Hazardous Waste, Underground Tanks, Above- ground Tanks, etc.), Food Safety, Solid Waste, Water Quality, Vector Control, Storm Water. ESSENTIAL JOB FUNCTIONS The Director of Health and Environmental Control provides leadership and directs the activities of the professional and administrative staff members of City's Department of Health and Environ- mental Control. The Director of Health and Environmental Control is considered a critical member of the Executive team that has been assembled to successfully address and respond to the myriad of issues that Vernon fac- es on a daily basis. The Director of Health and Environmental Control supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with the public and City staff. The Director of Health and Environmental Control must have diverse knowledge in a variety of fields and be able to direct staff. The role requires the oversight of any and all health and environmental control matters, the utilization of expertise to eval- uate solutions, and the ability to provide critical feedback to urgent, complex issues that arise. Flex- ibility, levelheadedness in high-pressure situations, effective verbal and written communication, and delivery of sound direction to staff are components of an effective leader for the Health and Environ- mental Control Department. This is not a comprehensive listing of all functions and duties performed by incumbents in the Director of Health and Environ- mental Control classification: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyze issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regula- tions. • Conducts analyses and evaluations of environmental and pub- lic health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; as- sures that appropriate services are provided. • Provides leadership and direction for all health and environmen- tal control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. • Responds to environmental health complaints, coordinates envi- ronmental risk assessments, and directs the resolution of envi- ronmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter -agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommen- dations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Direc- tor of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmen- tal health including regional public health protocols, environ- mental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative be- havior when interacting with visitors and City staff, maintains confidentiality of work -related issues and City information; per- forms other duties as required or assigned. THE IDEAL CANDIDATE The ideal candidate is 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; able to identify, select and motivate subordinate staff, and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Council, City Ad- ministrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Health and Environmental Control needs to be trustworthy, ethical, articulate, and have good people skills. Education `;'raining and Experience: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level in- volving program planning, training and supervision of field activities in a California public health/environmental regula- tory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. License and Certification t2ectuirements: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Special- ist from the California State Department of Health. Additional specific technical certifications are preferred and may be required. a Knowledge of: • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environ- mental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving pub- lic health issues. • Customer service and public relations methods and practic- es. • Record keeping and file maintenance principles and proce- dures. • Financial planning and accounting. • Information technology. • Personnel management and motivation. Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/ environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary envi- ronmental health issues. • Interpreting technical instructions and analyzing complex varia- bles. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommen- dations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established pro- cedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. Compensation: The proposed monthly salary range for this position is $14,297.00—$17,378.00. Salary placement depends upon qualifications. In addition, benefits are provided which in- clude: vacation, holidays, sick leave and administrative leave; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insur- ance plans offered through AFLAC, Colonial Life, and Mu- tual of Omaha; the option of participating in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement through the California Public Employees Retirement System (CaIPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribu- tion) and a 2% at 62 retirement formula for new members (currently new employees pay a 6.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership available. The City has a 4-10 work schedule. HOW TO APPLY To apply for this outstanding opportunity to work for a dy- namic, growing and progressive City, please visit our web - site at www.cityofvernon.ory to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Sunday, July 17, 2016 If you have any questions, please do not hesitate to contact Lisette Michel Grizzelle, in the Human Resources Depart- ment at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee") Recitals City desires to employ Employee as an at -will employee in the position of Director of Health & Environmental Control. Employee desires to be the Director of Health & Environmental Control 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 effective date of this Agreement shall be September 19, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health & Environmental Control to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein 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 ability and experience that he 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 duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. August 2016 Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his 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 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 $192,960.00, 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. Salary adjustments (merit 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. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: 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 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays 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 Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. Section 6: 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. 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 -2- August 2016 E, below, the City agrees to pay the employee a severance amount 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 obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for 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 office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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 office or position. If Employee is provided funds for any legal criminal defense during his 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 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 office or position. Section 8: RESIGNATION 1 RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his 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 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his 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"). -3- August 2016 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: 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: TO CITY: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: 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. -4- August 2016 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 September 19, 2016. [Signatures Begin on Next Page]. -s- August 2016 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation M [Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- August 2016 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his 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 was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee August 2016 Job Description Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety; solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CalARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. August 2016 • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter -agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work -related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. -9- August 2016 Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. -10- August 2016