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Resolution No. 2017-001RESOLUTION NO. 2017-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING BRUCE ENGLISH TO SERVE AS THE FIRE CHIEF OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, following the announcement of the October 11, 2016, retirement of the former Fire Chief, 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 November 15, 2016; and WHEREAS, the City Council of the City of Vernon determined Bruce English ("English") to be the most qualified candidate and directed the City Administrator to pursue the employment of English as the Fire Chief 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 English to serve as the Fire Chief, effective January 17, 2017. 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 Bruce English to serve as the Fire Chief of the City of Vernon, effective January 17, 2017. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with English to serve as Fire Chief 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 English 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 English. - 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 loth day of January, 2017. 1 ATTEST: Maria E. 4ala City Clerk / er Name: William J. Davis Title: Mayor / ..Art-, r- Tz<<= - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 1 Maria E. . Ayala CityClerk / nPp>,t . �'i} r`r='�f the City �' of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2017-01, 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, January 10, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this t-71 day of January, 2017, at Vernon, California. (SEAL) - 4 - . I LZ&7� — M ria E. yala City Jerk Exhibit A Recruitment Brochure 4 ° IF -vim. f1 y E 190`' i 1� CITY OF VERNON Invites Applications for the Position of FIRE CHIEF* r wised License/Certification Requirements & Extended Deadline'`;: EXCL USIVEL YINDUSTRIAL .' 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 250). 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 efficient 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 Cal- ifornia 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 optic internet. Vernon was a finalist in the 2014 and 2015 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 ORGANIZATION 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 a Mayor is selected by the Council. The City's total budget for FY 2016-17 is a little over $335 million (the General Fund budget is almost $55 million) with approxi- mately 260 employees. Vernon continues on the path towards creating 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 imple- mentation of more than 150 good governance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 115 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. :hallenaes and opportunities facnn2 the Fire Chief include: F. • Establishing and maintaining effective communica- tions with federal, state, and local agencies related to fire suppression, grant funding procurement, mutual aid, and fire prevention programs. • Working collaboratively with the City's executive team and elected officials to further the City's ef- forts to remain a model City. • Providing guidance to the City Administrator and other City Departments on fire code and safety issues facing the business community. • Coordinating the implementation of a wider variety of fire prevention inspection programs including; required construction and operation permits. evacu- ation and fire protections systems, film permit, and special event permits. • Enhancing department public education • Implementation of a strategic plan for the reduc of 40% of the front line personnel due to retire- ments in the next 3 years. • Maintaining the ISO Class #1 fire suppression rat- ing and sustain the highest quality service to the community in specialized programs, such as the j, Hazardous Material and Urban Search and Resc programs. • Preserve and foster the collaborative and ent relationship between labor and manal • Supervising and directing the preparation, presen- tation. and spending of a fiscal budget. THE POSITION Under administrative direction, the Fire Chief plans, organizes coordinates and sees to the control of opera- tions of all personnel and activities of the Fire Depart- ment in the protections of life and property from losses due to fire, explosion or other disasters; the develop- ment of a systematic Fire Prevention program; and other related duties and responsibilities as may be re- quired. The Fire Chief reports directly to and is under supervision of the City Administrator, and exercises full responsibility for the overall operation of the Fire Department and the direct supervision of the Depart- ment. The Fire Chief is considered a critical member of the Executive team that has been assembled to successful- ly address and respond to the myriad of issues that Vernon faces on a daily basis. The Fire Chief supports the relationship between the City of Vernon and the general public by demonstrat- ing courteous and cooperative behavior when interact- ing with the public and City staff. The Fire Chief must have diverse knowledge in a variety of fields and be able to direct staff. The role requires the oversight of any fire control matters, the utilization of expertise to evaluate solutions, and the ability to provide critical feedback to urgent, complex issues that arise. Flexibility, levelheaded- ness in high-pressure situations, effective verbal and written communication, and delivery of sound direc- tion to staff are components of an effective leader for the Fire Department. LJ ESSENTIAL JOB FUNCTIONS This is not a comprehensive listing of all functions and duties per- formed by incumbents in the Fire Chief job classification: • Manages the Vernon Fire Department (VFD) through planning, staff management, and effective fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing and minimizing the loss of life and property in the City by establishing control over fires, medical emergencies, and the consequences of natural manmade disasters. • Develops/implements plans to meet City goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of programs/projects, com- municates stats of projects and organizational issues, and as- sures the efficient delivery of high quality emergency services. • Directs all VFD operations, programs, staff, and projects, in- cluding training, public education, fire prevention, emergency preparedness, and administrative and budget functions. • Monitors operations, prioritizes and assign tasks and projects, monitors staff work, and reviews and evaluates outcomes and methods; meets with staff to discuss and resolve problems, poli- cies, workload, special projects, quality standards, and technical issues. • Plans and coordinates VFD activities and training; maintains department discipline, and assures consistency of training, man- agement of emergencies, and adherence to policies, procedures, standards, and guidelines; evaluates performance of VFD management team, and reviews and approves VFD evaluations. • Analyzes workload trends, and develops emergency prepared- ness plans and training. • Provides technical and management support to the City Admin- istrator on a variety of complex issues, including planning, ordi- nances, policies, budget, goals, priorities, equipment, and pur- chasing; coordinates community relations activities; and re- solves sensitive and complex citizen inquiries and complaints. • Coordinates operations and training, evaluates team perfor- mance, identifies training needs, and coordinates training with regional emergency services agencies; assures effective commu- nication of VFD directives and changes in protocols; assures goals are met and performance issues are addressed. � • Monitors and evaluates the efficiency and effectiveness of ser-, vice delivery methods and procedures; monitors and evaluates work load, administrative support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations • Assures the operational readiness of all fire equipment, vehicles and personnel; reviews and approves operational and investiga- tive reports. • 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. 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 City Council, City Administrator, Department Heads, and the Public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Fire Chief needs to be trustworthy, ethical, articulate, and have exceptional interpersonal skills. Education Trainina and Experience: Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S. degree with 24 units of Fire Science AND seven years fire department management experience, including three years of experience at a rank of Battalion Chief. * License and Certification Requirements: A valid California State Commercial or Class C Driver's Li- cense with Firefighter Endorsement by the time of appoint- ment is required. California State Certifications for Firefighter I & II, Fire Of- ficer and Chief Fire Officer are required. HazMat Specialist, California State Certified in Urban Search and Rescue (US&R), and Emergency Medical Technician from California Office of the State Fire Marshal are desired. Physical Demands and Working Environment: • Work is performed in a standard office environment, in fire department facilities, and in the field for evaluation of emer- gency situations; may be exposed to the same work hazards as Fire Department Captains. Must maintain a level of physi- cal fitness to meet VFD standards. Knowledge of: • Duties, powers, authorities, and limitations of a municipal Fire Chief. • State and federal regulations, practices, and procedures govern- ing fire safety and emergency services. • Modem emergency services management principles for effi- cient and effective management of allocated resources, includ- ing deployment strategies, reactive tactics, and coordination with outside agencies. • Techniques and practices for effective and efficient manage- ment of Department resources, including personnel administra- tion, labor law, purchasing, and budgeting. • Tactics for deployment of personnel and equipment at fire and emergency scenes. • Methods, practices and procedures for fire prevention, fire sup- pression, hazardous material responses, emergency medical services, rescue operations, and fire investigations. • Procedures and equipment used in modem firefighting and emergency medical response. • National Fire Protection Association (NFPA) and International Fire Service Training Association (IFSTA) training and safety standards. • City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains. Skill in: • Assuming VFD command level responsibilities and making appropriate decisions. • Using initiative and independent judgement within established procedural guidelines, while assuring compliance with VFD goals and objectives. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations in support of goals. • Effectively managing and leading staff, and delegating tasks and authority. • Assessing and prioritizing multiple tasks, projects and demands. • Assuming incident command responsibilities, making risk as- sessment decisions on deployment of staff, and coordinating firefighting, rescue, and emergency medical services. • Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation plans. • Operating specialized computer and communications equip- ment. • Establishing and maintaining cooperative working relation- ships with co-workers and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. Compensation: The monthly salary range for this position is $16,884 - $20,522. Salary placement depends upon qualifications. In addition, bene- fits provided include: Vacation, holidays, sick leave, administra- tive leave, life insurance; medical, dental, and vision insurance aggregate allowance of up to $18,240.24 per year; pre-tax supple- mental insurance plans offered through AFLAC, Colonial Life, and Mutual 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 (Ca1PERS), with a 3% at 50 formula for classic members (classic employees pay an 9% contribution) and a 2.7% at 57 re- tirement formula for new members (currently new employees pay a 11% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not partic- ipate in Social Security; credit union membership available. The City has a 4/10 work schedule. Selection Process: NOW Completed application packets will be reviewed and those whose qualifications best meet or exceed the requirements of the position will be invited to participate in the selection process. Resumes are not accepted in lieu of City applications. HOW TO APPLY For an opportunity to work for an outstanding, dynamic, grow- ing, and progressive City, please visit our websrte at www.crt o�fvernon.org and apply online. The City of Vernon is a' n Equal p ty Employer. Extended Filine Deadline: Monday, October 24, 2016 1st interview: To be scheduled the week of November 7th, 2016 2nd interview: Tentatively scheduled on November 15, 2016 If you have any questions, please contact Lisette Grizzelle in the Human Resources Department at (323) 583-8811 ext. 1 �6. Exhibit B AT -WILL EMPLOYMENT AGREEMENT (SAFETY) BETWEEN THE CITY OF VERNON AND BRUCE K. ENGLISH This Agreement is between the City of Vernon ("City") and Bruce K. English ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Fire Chief. Employee desires to be the Fire Chief and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 17, 2017. 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 Fire Chief 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. 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 $223,368 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 3% at 50 benefit formula for "classic" sworn public safety employees or the 2.7% at 57 benefit formula for "new" sworn public safety 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. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then -current Resolutions of City Council pertaining to Fire Management Personnel and any benefits specified specifically for the Fire Chief including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include Educational Incentive Pay, Chief Officer Certificate, Physical Fitness/Wellness Program, and Uniform Allowance. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Fire Management Staff in differing amounts: Medical and Dental Insurance, Vacation and Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has elected to receive Medical and Dental Insurance, as provided to Executive Management Staff, has elected to receive Vacation and Administrative Leave, as provided to Executive Management Staff, and has elected to receive Sick Leave, as provided to Executive Management Staff. If Employee retires from City employment during the term of this Agreement, he or she shall be entitled to an election of post -retirement benefits (selecting between benefits then provided for both Executive Management Staff and Fire Management Staff). Employee shall notify the City of his or her election no later than thirty (30) days prior to Employee's retirement date. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his reasonable election, and as the City Administrator may approve. 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, and subject to the provisions of the Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in Paragraph E, below, the City agrees to pay the employee a severance 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/her 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 all 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 a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. 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"). 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: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Bruce K. English [Deliver to address listed in application materials] B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on January 17, 2017. [Signatures Begin on Next Page]. 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 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 ATTACHMENT A Job Description JOB DESCRIPTION Fire Chief Date Prepared: September, 2016 Class Code: 5010 SUMMARY: Under limited supervision, serves as Vernon Fire Department (VFD) Fire Chief; assures VFD operations are in compliance with state and federal laws and the public safety goals of the City; directs core VFD programs, including training, fire prevention, public education, emergency preparedness, administrative functions, and special projects; promotes VFD and City goals and priorities. 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 maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job des cdption 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 Vernon Fire Department (VFD) through effective planning, staff management, and effective fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing and minimizing the loss of life and property in the City by establishing control over fires, medical emergencies, and the consequences of natural and manmade disasters. • Develops and implements plans to meet City goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of programs and projects, communicates status of projects and organizational issues, and assures the efficient delivery of high quality emergency services. • Directs all VFD operations, programs, staff, and projects, including training, public education, fire prevention, emergency preparedness, and administrative and budget functions. • Monitors operations, prioritizes and assigns tasks and projects, monitors staff work, and reviews and evaluates outcomes and methods; meets with staff to discuss and resolve problems, policies, workload, special projects, quality standards, and technical issues. • Plans and coordinates VFD activities and training; maintains department discipline, and assures consistency of training, management of emergencies, and adherence to policies, procedures, standards, and guidelines; evaluates performance of VFD management team, and reviews and approves VFD evaluations. • Analyzes workload trends, and develops emergency preparedness plans and training. • Provides technical and management support to City Administrator on a variety of complex issues, including planning, ordinances, policies, budget, goals, priorities, equipment, and purchasing; coordinates community relations activities, and resolves sensitive and complex citizen inquiries and complaints. • Coordinates operations and training, evaluates team performance, identifies training needs, and coordinates training with regional emergency services agencies; assures effective communication of VFD directives and changes in protocols; assures goals are met and performance issues are addressed. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, administrative support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations. • Assures the operational readiness of all fire equipment, vehicles, and personnel; reviews and approves operational and investigative reports. • 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. Fire Chief Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S degree with 24 units of Fire Science AND seven years fire department management experience, including three years of experience at a rank of Battalion Chief. Knowledge of: • City organization, operations, policies, and procedures; and VFD MOUs, policies, and procedures. • Duties, powers, authorities, and limitations of a municipal Fire Chief. • State and federal regulations, practices, and procedures governing fire safety and emergency services. • Modern emergency services management principles for efficient and effective management of allocated resources, including deployment strategies, reactive tactics, and coordination with outside agencies. • Techniques and practices for effective and efficient management of Department resources, including personnel administration, labor law, purchasing, and budgeting. • Tactics for deployment of personnel and equipment at fire and emergency scenes. • Methods, practices and procedures for fire prevention, fire suppression, hazardous material responses, emergency medical services, rescue operations, and fire investigations. • Procedures and equipment used in modern firefighting and emergency medical response. • National Fire Protection Association (NFPA) and International Fire Service Training Association (IFSTA) training and safety standards. • City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains. Skill in: • Assuming VFD command level responsibilities and making appropriate decisions. • Using initiative and independent judgment within established procedural guidelines, while assuring compliance with VFD goals and objectives. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations in support of goals. • Effectively managing and leading staff, and delegating tasks and authority. • Assessing and prioritizing multiple tasks, projects and demands. • Assuming incident command responsibilities, making risk assessment decisions on deployment of staff, and coordinating firefighting, rescue, and emergency medical services. • Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation plans. • Operating specialized computer and communications equipment. • Establishing and maintaining cooperative working relationships with co-workers and representatives from other local, state and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Commercial or Class C Driver's License with Fire Firefighter Endorsement is required. California State Certifications for Firefighter I & II, Fire Officer and Chief Fire Officer are required. HazMat Specialist, California State Certified in Urban Search and Rescue (US&R) and Emergency Medical Technician from California Office of the State Fire Marshal are desired. Additional technical training and certifications are preferred and may be required, including California Incident Command Certification System (CICCS). PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, in fire department facilities, and in the field for evaluation of emergency situations; may be exposed to the same work hazards as Fire Department Captains. Must maintain a level of physical fitness to meet VFD standards. Fire Chief Vernon CA 2 of 2 TRANSMITTAL COMMUNICATION l � of,, '11 f , f� f OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 May 31, 2017 Bruce English, Fire Chief City of Vernon — Fire Department 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — Fire Chief Dear Mr. English: Transmitted herewith is a copy of the original fully executed employment agreement, approved by City Council on January 10, 2017. If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext. 239. Very ly yours, Deborah R. Ju z Records Management Assistant Enclosure c: Michael Earl Joaquin Leon Resolution No. 2017-0 l Agreement File No. 17-006 EXc(usivefy industrial FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Bruce English CONTRACT PURPOSE: At -Will Employment Agreement for Fire Chief CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) CERVICES ❑ MATERIALS a-5UDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $223,368.00 (Yearly Salary) Charge Acct. No(s) 011.1033.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael A. Earl PHONE: ext. 239 AUTHORIZATION: ❑ Approved by Council on 01/10/2017 (Check One) Resolution No. 2017-01 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person AG 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 L� (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 ej-7j (- Signs all copies on behalf of City (6) City Clerk. Attests signatures, numbers, files contract, insurance and bonds, and ! 7Z transmits duplicate original to contractor, notifies IT to remove related RFP/bid--% notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 AT -WILL EMPLOYMENT AGREEMENT (SAFETY) BETWEEN THE CITY OF VERNON AND BRUCE K. ENGLISH This Agreement is between the City of Vernon ("City") and Bruce K. English ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Fire Chief. Employee desires to be the Fire Chief and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 17, 2017. 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 Fire Chief 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. September 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 $223,368 per year, payable in twenty-six (26) biweeklv installments at the same time as other employees of the Citv 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 3% at 50 benefit formula for "classic" sworn public safety employees or the 2.7% at 57 benefit formula for "new" sworn public safety 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. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then -current Resolutions of City Council pertaining to Fire Management Personnel and any benefits specified specifically for the Fire Chief including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include Educational - 2 - September 2016 Incentive Pay, Chief Officer Certificate, Physical Fitness/Wellness Program, and Uniform Allowance. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Fire Management Staff in differing amounts: Medical and Dental Insurance, Vacation and Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has elected to receive Medical and Dental Insurance, as provided to Executive Management Staff, has elected to receive Vacation and Administrative Leave, as provided to Executive Management Staff, and has elected to receive Sick Leave, as provided to Executive Management Staff. If Employee retires from City employment during the term of this Agreement, he or she shall be entitled to an election of post -retirement benefits (selecting between benefits then provided for both Executive Management Staff and Fire Management Staff). Employee shall notify the City of his or her election no later than thirty (30) days prior to Employee's retirement date. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his reasonable election, and as the City Administrator may approve. 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, and subject to the provisions of the Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in Paragraph E, below, the City agrees to pay the employee a severance 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/her 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 all 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 III-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 a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS - 3 - September 2016 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"). 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: City Administrator City of Vernon - 4 - September 2016 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Bruce K. English [Deliver to address listed in application materials] B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on January 17, 2017. [Signatures Begin on Next Page]. - 5 - September 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: 5- 3 1 ` I City of Vernon, a California charter City and California municipal corporation By: — IL� �4�v /Z/"- Carros R. Fandino Jr., City Administrator Maria E_ A ,ala, City CI Ap r ved as to form: Am He Pate , City Attorney - 6 - September 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. M El V51 2011 Signed Employee ATTACHMENT A Job Description - 8 - September 2016 JOB DESCRIPTION Fire Chief Date Prepared: September, 2016 Class Code: 5010 SUMMARY: Under limited supervision, serves as Vernon Fire Department (VFD) Fire Chief; assures VFD operations are in compliance with state and federal laws and the public safety goals of the City; directs core VFD programs, including training, fire prevention, public education, emergency preparedness, administrative functions, and special projects; promotes VFD and City goals and priorities. 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 Vernon Fire Department (VFD) through effective planning, staff management, and effective fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing and minimizing the loss of life and property in the City by establishing control over fires, medical emergencies, and the consequences of natural and manmade disasters. • Develops and implements plans to meet City goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of programs and projects, communicates status of projects and organizational issues, and assures the efficient delivery of high quality emergency services. • Directs all VFD operations, programs, staff, and projects, including training, public education, fire prevention, emergency preparedness, and administrative and budget functions. • Monitors operations, prioritizes and assigns tasks and projects, monitors staff work, and reviews and evaluates outcomes and methods; meets with staff to discuss and resolve problems, policies, workload, special projects, quality standards, and technical issues. • Plans and coordinates VFD activities and training; maintains department discipline, and assures consistency of training, management of emergencies, and adherence to policies, procedures, standards, and guidelines; evaluates performance of VFD management team, and reviews and approves VFD evaluations. • Analyzes workload trends, and develops emergency preparedness plans and training. • Provides technical and management support to City Administrator on a variety of complex issues, including planning, ordinances, policies, budget, goals, priorities, equipment, and purchasing; coordinates community relations activities, and resolves sensitive and complex citizen inquiries and complaints. • Coordinates operations and training, evaluates team performance, identifies training needs, and coordinates training with regional emergency services agencies; assures effective communication of VFD directives and changes in protocols; assures goals are met and performance issues are addressed. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, administrative support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations. • Assures the operational readiness of all fire equipment, vehicles, and personnel; reviews and approves operational and investigative reports. • 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. Fire Chief Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S degree with 24 units of Fire Science AND seven years fire department management experience, including three years of experience at a rank of Battalion Chief. Knowledge of: • City organization, operations, policies, and procedures; and VFD MOUs, policies, and procedures. • Duties, powers, authorities, and limitations of a municipal Fire Chief. • State and federal regulations, practices, and procedures governing fire safety and emergency services. • Modern emergency services management principles for efficient and effective management of allocated resources, including deployment strategies, reactive tactics, and coordination with outside agencies. • Techniques and practices for effective and efficient management of Department resources, including personnel administration, labor law, purchasing, and budgeting. • Tactics for deployment of personnel and equipment at fire and emergency scenes. • Methods, practices and procedures for fire prevention, fire suppression, hazardous material responses, emergency medical services, rescue operations, and fire investigations. • Procedures and equipment used in modern firefighting and emergency medical response. • National Fire Protection Association (NFPA) and International Fire Service Training Association (IFSTA) training and safety standards. • City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains. Skill in: • Assuming VFD command level responsibilities and making appropriate decisions. • Using initiative and independent judgment within established procedural guidelines, while assuring compliance with VFD goals and objectives. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations in support of goals. • Effectively managing and leading staff, and delegating tasks and authority. • Assessing and prioritizing multiple tasks, projects and demands. • Assuming incident command responsibilities, making risk assessment decisions on deployment of staff, and coordinating firefighting, rescue, and emergency medical services. • Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation plans. • Operating specialized computer and communications equipment. • Establishing and maintaining cooperative working relationships with co-workers and representatives from other local, state and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Commercial or Class C Driver's License with Fire Firefighter Endorsement is required. California State Certifications for Firefighter I & II, Fire Officer and Chief Fire Officer are required. HazMat Specialist, California State Certified in Urban Search and Rescue (US&R) and Emergency Medical Technician from California Office of the State Fire Marshal are desired. Additional technical training and certifications are preferred and may be required, including California Incident Command Certification System (CICCS). PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, in fire department facilities, and in the field for evaluation of emergency situations; may be exposed to the same work hazards as Fire Department Captains. Must maintain a level of physical fitness to meet VFD standards. Fire Chief Vernon CA 2 of 2 STAFF REPORT C'Ce //(J/ 7 - STAFF REPORT CITY ADMINISTRATION DATE: January 10, 2017 RECEIVED JAN 0 4 2017 CITY CLERK'S OFFICE TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Michael A. Earl, Director of Human Resourceg/T RE: Resolution Appointing Bruce English to Serve as Fire Chief and Approving the Execution of a Related At -Will 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 an 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 Bruce English to serve as Fire Chief of the City of Vernon effective January 17, 2017, approving and authorizing the execution of a related at -will employment agreement. Background In August 2016, former Fire Chief Michael Wilson notified the City of his intent to retire from his position effective October 11, 2016. A recruitment to fill the anticipated vacancy was initiated by the Human Resources Department. Recruitment Summary The Human Resources Department opened the recruitment for application beginning August 24, 2016 with an initial final filing date of September 24, 2016. After a review of the applications submitted and a review of the certifications being required, the job description was revised to allow for certification in Hazardous Materials, Urban Search and Rescue, and as an Emergency Medical Technician to be desirable rather than mandatory. The application period was extended to October 24, 2016. In total, applications were received from seventeen individuals. A review of the application materials submitted resulted in six applicants being determined to be the most highly qualified. The six most highly qualified applicants were invited to participate in the first round of interviews on November 7, 2016 which consisted of two interview panels comprised of internal and external raters. At the conclusion of the interviews, two candidates were recommended by both interview panels to be referred to a final selection interview with the City Council. City Council conducted interviews of the two finalists in Closed Session at the City Council meeting of November 15, 2016. After thorough consideration and recommendation by the City Administrator, the City Council unanimously determined Bruce English to be the best qualified candidate to meet the needs of the City and the Vernon Fire Department. As such, the City Council directed the City Administrator to pursue the employment of Bruce English as Fire Chief for the City of Vernon Fire Department subject to successful completion of an extensive background investigation and pre -employment process and approval of an at -will employment agreement. Candidate Summa Mr. English has served the Fire Department of the City of Downey for the past twenty-seven (27) years. In that time, Mr. English has served in an extensive variety of positions and functions in the fire service including serving as Firefighter, Firefighter/Paramedic, Fire Dispatcher, Fire Inspector, Fire Engineer, Fire Captain, EMS Coordinator, Battalion Chief, and recently as Assistant Fire Chief/Fire Marshall. In addition, Mr. English's career includes the following professional highlights serving as the City's Emergency Manager, Shift Training Officer, 2006 Recruit Tower Training Officer, California Office of Emergency Services Regional Task Force 2 Leader, RMS & CAD Development Team participant, leading the development and implementation of City of Downey's Ambulance Operator Program, and was an April 2000 Masonic Lodge Honoree for outstanding work. Mr. English holds professional certifications in the fire service including certification as a Paramedic, Chief Officer, Fire Prevention Officer, Fire Investigator, Fire Officer, and Urban Search and Rescue Task Force Leader, as well as in Basic Fire Science training, PC 832, and Firefighter I/II. Mr. English has an Associate's Degree in Fire Science from Rio Hondo College, a Bachelor's Degree in Public Administration from University of La Verne, and a Master's Degree in Emergency Services Management from Columbia Southern University. Additionally, Mr. English is familiar with the City of Vernon and the Vernon Fire Department having worked in a neighboring community and, at times, alongside City of Vernon personnel. Mr. English impressed all those who have participated in the interviews and selection process with his leadership style, enthusiasm, professionalism, knowledge of the organization, creative and thoughtful ideas, and his clear and evident passion for the fire service. Given Mr. English's qualifications and extensive experience, he is well suited to meet the needs of the City of Vernon Fire Department and will be a valuable addition to the City's Executive Team. At -Will Employment Agreement The At -Will Employment Agreement for the Fire Chief has been presented to Mr. English and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes as effective date of January 17, 2017 and a starting salary of $223,368 per year, plus all benefits provided to Executive Safety 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 Appointment and Oath of Office Mr. English will be in attendance at the January 10, 2017 City Council meeting and will be prepared to take the oath of office at that time. He will assume his duties as Fire Chief for the City of Vernon effective January 17, 2017. Fiscal Impact The approximate annual cost to fill the Fire Chief position as proposed in this staff report is $340,896 (salary of $223,368, plus fringe benefits). Sufficient funds are included in the Fire Department's budget for fiscal year 2016-2017. Attachment(s) 1. Resolution Appointing Bruce English to Serve as Fire Chief RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING BRUCE ENGLISH TO SERVE AS THE FIRE CHIEF OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, following the announcement of the October 11, 2016, retirement of the former Fire Chief, 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 November 15, 2016; and WHEREAS, the City Council of the City of Vernon determined Bruce English ("English") to be the most qualified candidate and directed the City Administrator to pursue the employment of English as the Fire Chief 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 English to serve as the Fire Chief, effective January 17, 2017. 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 Bruce English to serve as the Fire Chief of the City of Vernon, effective January 17, 2017. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with English to serve as Fire Chief 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 English 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 English. - 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 loth day of January, 2017. ATTEST: City Clerk / Deputy City Clerk ....• MIAMIAS TO •- • - Name: Title: Mayor / Mayor Pro-Tem - 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, January 10, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - Exhibit A Recruitment Brochure 5�1'FLY 1���� Cn CITY OF VERNON Invites Applications for the Position of.• FIRE CHIEF *�W,wavized License/Certification Requirements & Extended Deadli EXCL USIVEL YINDUSTRIAL 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 Norin 1905 as the first exclusively in- dustrial city in the Southwestern United States (its residential popu- lation is 250). 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. THE ORGANIZATION 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. The City's total budget for FY 2016-17 is a little over $335 million (the General Fund budget is almost $55 million) with approxi- mately 260 employees. Vernon continues on the path towards creating 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 imple- mentation of more than 150 good governance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 115 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 Fire Chief include: • Establishing and maintaining effective communica- tions with federal, state, and local agencies related a to fire suppression, grant funding procuremen , _ mutual aid, and fire prevention programs. s • Working collaboratively with the City's executi team and elected officials to further the City's eft forts to remain a model City. Over the years, Vernon has grown into one of the most efficient 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. 0r; Vernon is one of 178 cities in the United States with a Class 1 rated Fire Department and one of four cities in Cal- ifornia 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 optic internet. • Vernon was a finalist in the 2014 and 2015 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. • Providing guidance to the City Administrator a other City Departments on fire code and safety issues facing the business community. • Coordinating the implementation of a wider va of fire prevention inspection programs includir required construction and operation permits, eN ation and fire protections systems, film pen -nit, special event permits. • Enhancing department public education • Implementation of a strategic plan for the reduc of 40% of the front line personnel due to retire- ments in the next 3 years. • Maintaining the ISO Class #1 fire suppression r, ing and sustain the highest quality service to the community in specialized programs, such as the Hazardous Material and Urban Search and Resc programs. • Preserve and foster the collaborative and transpa ent relationship between labor and management. • Supervising and directing the preparation, tation, and spending of a fiscal bud- THE POSITION Under administrative direction, the Fire Chief plans, organizes coordinates and sees to the control of opera- tions of all personnel and activities of the Fire Depart- ment in the protections of life and property from losses due to fire, explosion or other disasters; the develop- ment of a systematic Fire Prevention program; and other related duties and responsibilities as may be re- quired. The Fire Chief reports directly to and is under supervision of the City Administrator, and exercises full responsibility for the overall operation of the Fire Department and the direct supervision of the Depart- ment. The Fire Chief is considered a critical member of the Executive team that has been assembled to successful- ly address and respond to the myriad of issues that Vernon faces on a daily basis. The Fire Chief supports the relationship between the City of Vernon and the general public by demonstrat- ing courteous and cooperative behavior when interact- ing with the public and City staff. e Fire Chief must have diverse knowledge in a ariety of fields and be able to direct staff. The role requires the oversight of any fire control matters, the utilization of expertise to evaluate solutions, and the ability to provide critical feedback to urgent, complex issues that arise. Flexibility, levelheaded- ness in high-pressure situations, effective verbal and written communication, and delivery of sound direc- tion to staff are components of an effective leader for the Fire Department. ESSENTIAL JOB FUNCTIONS This is not a comprehensive listing of all functions and duties per- formed by incumbents in the Fire Chief job classification: • Manages the Vernon Fire Department (VFD) through planning, staff management, and effective fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing and minimizing the loss of life and property in the City by establishing control over fires, medical emergencies, and the consequences of natural manmade disasters. • Develops/implements plans to meet City goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of programs/projects, com- municates stats of projects and organizational issues, and as- sures the efficient delivery of high quality emergency services. • Directs all VFD operations, programs, staff, and projects, in- cluding training, public education, fire prevention, emergency preparedness, and administrative and budget functions. • Monitors operations, prioritizes and assign tasks and projects, monitors staff work, and reviews and evaluates outcomes and methods; meets with staff to discuss and resolve problems, poli- cies, workload, special projects, quality standards, and technical issues. • Plans and coordinates VFD activities and training; maintains department discipline, and assures consistency of training, man- agement of emergencies, and adherence to policies, procedures, standards, and guidelines; evaluates performance of VFD management team, and reviews and approves VFD evaluations. • Analyzes workload trends, and develops emergency prepared- ness plans and training. • Provides technical and management support to the City Admin- istrator on a variety of complex issues, including planning, ordi- nances, policies, budget, goals, priorities, equipment, and pur- chasing; coordinates community relations activities; and re- solves sensitive and complex citizen inquiries and complaints. • Coordinates operations and training, evaluates team perfor- mance, identifies training needs, and coordinates training with regional emergency services agencies; assures effective commu- nication of VFD directives and changes in protocols; assures goals are met and performance issues are addressed. • Monitors and evaluates the efficiency and effectiveness of ser- vice delivery methods and procedures; monitors and evaluates - work load, administrative support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations. • Assures the operational readiness of all fire equipment, vehicles and personnel; reviews and approves operational and investig tive reports. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative bi havior when interacting with visitors and City staff.; maintain: confidentiality of work -related issues and City information. 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 City Council, City Administrator, Department Heads, and the Public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Fire Chief needs to be trustworthy, ethical, articulate, and have exceptional interpersonal skills. Education Training and Experience: Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S. degree with 24 units of Fire Science AND seven years fire department management experience, including three years of experience at a rank of Battalion Chief. * License and Certification Requirements: A valid California State Commercial or Class C Driver's Li- cense with Firefighter Endorsement by the time of appoint- ment is required. California State Certifications for Firefighter I & II, Fire Of- ficer and Chief Fire Officer are required. HazMat Specialist, California State Certified in Urban Search and Rescue (US&R), and Emergency Medical Technician from California Office of the State Fire Marshal are desired. Physical Demands and Working Environment: • Work is performed in a standard office environment, in fire department facilities, and in the field for evaluation of emer- gency situations; may be exposed to the same work hazards as Fire Department Captains. Must maintain a level of physi- cal fitness to meet VFD standards. Knowledge of.• • Duties, powers, authorities, and limitations of a municipal Fire Chief. • State and federal regulations, practices, and procedures govern- ing fire safety and emergency services. • Modern emergency services management principles for effi- cient and effective management of allocated resources, includ- ing deployment strategies, reactive tactics, and coordination with outside agencies. • Techniques and practices for effective and efficient manage- ment of Department resources, including personnel administra- tion, labor law, purchasing, and budgeting. • Tactics for deployment of personnel and equipment at fire and emergency scenes. • Methods, practices and procedures for fire prevention, fire sup- pression, hazardous material responses, emergency medical services, rescue operations, and fire investigations. • Procedures and equipment used in modem firefighting and emergency medical response. • National Fire Protection Association (NFPA) and International Fire Service Training Association (IFSTA) training and safety standards. • City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains. Skill in: • Assuming VFD command level responsibilities and making appropriate decisions. • Using initiative and independent judgement within established procedural guidelines, while assuring compliance with VFD goals and objectives. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations in support of goals. • Effectively managing and leading staff, and delegating tasks and authority. • Assessing and prioritizing multiple tasks, projects and demands. • Assuming incident command responsibilities, making risk as- sessment decisions on deployment of staff, and coordinating firefighting, rescue, and emergency medical services. • Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation plans. • Operating specialized computer and communications equip- ment. • Establishing and maintaining cooperative working relation- ships with co-workers and representatives from other local, state, and federal agencies. • Communicating effectively verbally and in writing. Compensation: The monthly salary range for this position is $16,884 - $20,522. Salary placement depends upon qualifications. In addition, bene- fits provided include: Vacation, holidays, sick leave, administra- tive leave, life insurance; medical, dental, and vision insurance aggregate allowance of up to $18,240.24 per year; pre-tax supple- mental insurance plans offered through AFLAC, Colonial Life, and Mutual 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 3% at 50 formula for classic members (classic employees pay an 9% contribution) and a 2.7% at 57 re- tirement formula for new members (currently new employees pay a I I% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not partic- ipate in Social Security; credit union membership = available. The City has a 4/10 work schedule. Selection Process: Completed application packets will be reviewed and those whose qualifications best meet or exceed the requirements of the position will be invited to participate in the selection process. Resumes are not accepted in lieu of City applications. HOW TO APPLY For an opportunity to work for an outstanding, dynamic, grow- ing, and progressive City, please visit our website at www.citvotvernon.org and apply online. The City of Vernon is an Equal Opportunity Employer. Extended Filing Deadline: Monday, October 24, 2016 1 st interview: To be scheduled the week of November 7th, 2016 Znd interview: Tentatively scheduled on November 15, 2016 If you have any questions, please contact Lisette Grizzelle in the Human Resources Department at (323) 583-8811 ext. 1 �6. Exhibit B AT -WILL EMPLOYMENT AGREEMENT (SAFETY) BETWEEN THE CITY OF VERNON AND BRUCE K. ENGLISH This Agreement is between the City of Vernon ("City") and Bruce K. English ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Fire Chief. Employee desires to be the Fire Chief and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 17, 2017. 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 Fire Chief 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 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 $223,368 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 3% at 50 benefit formula for "classic" sworn public safety employees or the 2.7% at 57 benefit formula for "new" sworn public safety 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. C. Other Public Safety Related Benefits Employee shall receive all benefits and special pay specified by the then -current Resolutions of City Council pertaining to Fire Management Personnel and any benefits specified specifically for the Fire Chief including Medical and Dental Insurance. Any such special pay is in addition to the base salary amount, and examples of special pay include Educational Incentive Pay, Chief Officer Certificate, Physical Fitness/Wellness Program, and Uniform Allowance. D. Election of Benefits The following benefits are provided for both Executive Management Staff and Fire Management Staff in differing amounts: Medical and Dental Insurance, Vacation and Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has elected to receive Medical and Dental Insurance, as provided to Executive Management Staff, has elected to receive Vacation and Administrative Leave, as provided to Executive Management Staff, and has elected to receive Sick Leave, as provided to Executive Management Staff. If Employee retires from City employment during the term of this Agreement, he or she shall be entitled to an election of post -retirement benefits (selecting between benefits then provided for both Executive Management Staff and Fire Management Staff). Employee shall notify the City of his or her election no later than thirty (30) days prior to Employee's retirement date. As to any other benefits or special pay provided to both groups, Employee shall receive one benefit or the other, and not both benefits, at his reasonable election, and as the City Administrator may approve. 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, and subject to the provisions of the Firefighters Procedural Bill of Rights Act.(Government Code Section 3250, et seq.) B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in Paragraph E, below, the City agrees to pay the employee a severance 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/her 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 all 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 a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. 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"). 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: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Bruce K. English [Deliver to address listed in application materials] B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on January 17, 2017. [Signatures Begin on Next Page]. 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 In Carlos R. Fandino Jr City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney 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 ATTACHMENT A Job Description JOB DESCRIPTION Fire Chief Date Prepared: September, 2016 Class Code: 5010 SUMMARY: Under limited supervision, serves as Vernon Fire Department (VFD) Fire Chief; assures VFD operations are in compliance with state and federal laws and the public safety goals of the City; directs core VFD programs, including training, fire prevention, public education, emergency preparedness, administrative functions, and special projects; promotes VFD and City goals and priorities. 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 maybe 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 Vernon Fire Department (VFD) through effective planning, staff management, and effective fiscal management; provides leadership, direction, and guidance to achieve the VFD goal of preventing and minimizing the loss of life and property in the City by establishing control over fires, medical emergencies, and the consequences of natural and manmade disasters. • Develops and implements plans to meet City goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of programs and projects, communicates status of projects and organizational issues, and assures the efficient delivery of high quality emergency services. • Directs all VFD operations, programs, staff, and projects, including training, public education, fire prevention, emergency preparedness, and administrative and budget functions. • Monitors operations, prioritizes and assigns tasks and projects, monitors staff work, and reviews and evaluates outcomes and methods; meets with staff to discuss and resolve problems, policies, workload, special projects, quality standards, and technical issues. • Plans and coordinates VFD activities and training; maintains department discipline, and assures consistency of training, management of emergencies, and adherence to policies, procedures, standards, and guidelines; evaluates performance of VFD management team, and reviews and approves VFD evaluations. • Analyzes workload trends, and develops emergency preparedness plans and training. • Provides technical and management support to City Administrator on a variety of complex issues, including planning, ordinances, policies, budget, goals, priorities, equipment, and purchasing; coordinates community relations activities, and resolves sensitive and complex citizen inquiries and complaints. • Coordinates operations and training, evaluates team performance, identifies training needs, and coordinates training with regional emergency services agencies; assures effective communication of VFD directives and changes in protocols; assures goals are met and performance issues are addressed. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, administrative support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations. • Assures the operational readiness of all fire equipment, vehicles, and personnel; reviews and approves operational and investigative reports. • 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. Fire Chief Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Must have an A.A. or A.S. Degree in Fire Science or a B.A. or B.S degree with 24 units of Fire Science AND seven years fire department management experience, including three years of experience at a rank of Battalion Chief. Knowledge of: • City organization, operations, policies, and procedures; and VFD MOUs, policies, and procedures. • Duties, powers, authorities, and limitations of a municipal Fire Chief. • State and federal regulations, practices, and procedures governing fire safety and emergency services. • Modern emergency services management principles for efficient and effective management of allocated resources, including deployment strategies, reactive tactics, and coordination with outside agencies. • Techniques and practices for effective and efficient management of Department resources, including personnel administration, labor law, purchasing, and budgeting. Tactics for deployment of personnel and equipment at fire and emergency scenes. • Methods, practices and procedures for fire prevention, fire suppression, hazardous material responses, emergency medical services, rescue operations, and fire investigations. Procedures and equipment used in modern firefighting and emergency medical response. • National Fire Protection Association (NFPA) and International Fire Service Training Association (IFSTA) training and safety standards. • City geography, traffic patterns, and the location of all streets, landmarks, buildings, and water mains. Skill in: • Assuming VFD command level responsibilities and making appropriate decisions. • Using initiative and independent judgment within established procedural guidelines, while assuring compliance with VFD goals and objectives. • Analyzing problems, identifying alternative solutions, projecting consequences of proposed actions, and implementing recommendations in support of goals. • Effectively managing and leading staff, and delegating tasks and authority. • Assessing and prioritizing multiple tasks, projects and demands. • Assuming incident command responsibilities, making risk assessment decisions on deployment of staff, and coordinating firefighting, rescue, and emergency medical services. • Evaluating complex emergency scenes, and quickly developing solutions, priorities, and mitigation plans. • Operating specialized computer and communications equipment. • Establishing and maintaining cooperative working relationships with co-workers and representatives from other local, state and federal agencies. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Commercial or Class C Driver's License with Fire Firefighter Endorsement is required. California State Certifications for Firefighter I & II, Fire Officer and Chief Fire Officer are required. HazMat Specialist, California State Certified in Urban Search and Rescue (US&R) and Emergency Medical Technician from California Office of the State Fire Marshal are desired. Additional technical training and certifications are preferred and may be required, including California Incident Command Certification System (CICCS). PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, in fire department facilities, and in the field for evaluation of emergency situations; may be exposed to the same work hazards as Fire Department Captains. Must maintain a level of physical fitness to meet VFD standards. Fire Chief Vernon CA 2 of 2