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Resolution No. 2017-007RESOLUTION NO. 2017-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING SAMUEL K. WILSON TO SERVE AS THE INTERIM DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES AND APPROVING AND RATIFYING THE EXECUTION OF A RELATED TEMPORARY AT -WILL EMPLOYMENT AGREEMENT WHEREAS, as of February 2, 2017, there is a pending vacancy in the position of Director of Public Works, Water and Development Services; and WHEREAS, in light of the pending vacancy and exigent need for management of the Public Works, Water and Development Services Department, City Administration has elected to fill the vacancy on a temporary basis until recruitment of an individual to fill the Director position on a permanent basis can be completed; and WHEREAS, the Director of Public Works, Water and Development Services is an executive -level position responsible for overseeing the City's unique public works, water and development services needs, and requires someone with specific skills and experience in a broad range of regulatory and compliance issues; and WHEREAS, in compliance with Government Code section 21221(h), the Vernon City Council must approve the appointment of a retiree to fill a vacant position on an interim basis during a recruitment to permanently fill the vacant position; and WHEREAS, Samuel K. Wilson ("Wilson") retired from the City of Vernon in the position of Director of Public Works, Water and Development Services, effective on December 27, 2015, and is available to serve in the position of Interim Director of Public Works, Water and Development Services for a limited duration until the City finds a qualified candidate to permanently fill the vacancy; and WHEREAS, Wilson has special skills necessary to perform the duties of the Interim Director of Public Works, Water and Development Services because of his many years of experience in the field, and his familiarity with the City and its distinct needs; and WHEREAS, the City and Wilson have executed a Temporary At - Will Employment Agreement (the "Agreement"), effective February 13, 2017, subject to the ratification by the City Council; and WHEREAS, consistent with Ca1PERS rules, Wilson will be paid within the published salary range for the Director position, will receive no other compensation or benefits for his services, and will work no more than 960 hours per fiscal year; and WHEREAS, the City Council of the City of Vernon desires to appoint Wilson to serve as the Director of Public Works, Water and Development Services on a temporary basis, and approve the Agreement and ratify the execution thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) 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 Samuel K. Wilson to serve as the Interim Director of Public - 2 - Works, Water and Development Services of the City of Vernon effective February 13, 2017. SECTION 4: The City Council of the City of Vernon hereby finds that this single interim appointment is necessary to fill the vacant position of Director of Public Works, Water and Development Services because the Department requires an Interim Director to maintain supervision, continuity and momentum on important ongoing public issues and projects. SECTION 5: The City Council of the City of Vernon hereby approves and ratifies the execution of the Temporary At -Will Employment Agreement with Wilson to serve as Director of Public Works, Water and Development Services of the City of Vernon, a copy which is attached hereto as Exhibit A. 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 Wilson. SECTION 7: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wilson and shall have him subscribe to it and file it with the Human Resources Department. - 3 - SECTION 8: 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 21St day of February, 2017. Name: William 7. Davis Title: Mayor /T� ATTEST: Maria E Ayala City Clerk / Deputy I - APPROVED AS TO FORM: Zaynah)Nv Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Maria E . Ayala / I, City Clerk -of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2017-07, 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, February 21, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2017, at Vernon, California. (S EAL ) - 5 - w , Maria E Ayala City Clerk / n EXHIBIT A TEMPORARY AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND SAMUEL K. WILSON This Agreement is between the City of Vernon ("City") and Samuel K. Wilson (hereinafter referred to as "Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim Director of Public Works, Water and Development Services, while the City conducts its recruitment for a permanent Director of Public Works, Water and Development Services, and will terminate Employee's services upon the City's appointment of a permanent Director of Public Works, Water and Development Services, or until otherwise terminated pursuant to Section 2 herein. Employee desires to be the Interim Director of the Public Works, Water and Development Services and acknowledges that such employment is for a limited duration and at - will. Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("CaIPERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position. Employee is a CaIPERS retired annuitant under Government Code Section 21221(h), and possesses extensive experience in local municipal public works, water and development services management, and the skill set to perform the required duties of Interim Director of Public Works, Water and Development Services. 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 temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be February 13, 2017. Employee's appointment is temporary, until such time as a Director of Public Works, Water and Development Services is appointed by the City Council upon completion of a recruitment process to fill the position on a permanent basis, or until this Agreement is otherwise terminated pursuant to the provisions herein. 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 seven (7) calendar days written notice. Employee may resign with seven (7) calendar days advance notice as set forth in Section 5 below. Section 2: DUTIES A. City engages Employee as the Interim Director of Public Works, Water and Development Services to perform the functions and duties specified in 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 shall work with the City Administrator to develop a work schedule in order 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: COMPENSATION A. As compensation for the services to be rendered by Employee, Employee shall be paid at an hourly rate equivalent to step 5 of salary range for the classification of Director of Public Works, Water, and Development services as published on the publicly available salary schedule approved by the City Council (currently set at $ 118.3962 per hour), payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. B. Pursuant to City payroll policies and procedures, Employee shall submit to the City Administrator a timesheet signed and attested for services completed and hours worked, and authorized expenses, during each work week. C. Employee shall be reimbursed for portal to portal mileage (at rate determined by IRS), for travel to and from the City for required work. All reimbursement requests must be approved by the City Administrator. D. Compensation provided herein shall constitute complete and full payment to Employee for the services provided hereunder. E. Under no circumstances shall Employee work more than 960 hours during any City fiscal year. Section 4: BENEFITS A. This is a temporary employee position that is not eligible for any employee benefits. -2- Section 5: TERMINATION A. The parties agree that this appointment is temporary, until such time as a permanent Director of Public Works, Water and Development Services is appointed by the City Council. B. Employee is a temporary, at -will employee and serves at the will and pleasure of the City Administrator and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least seven (7) calendar day advance written notice of the effective date of his resignation. Section 6: 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: Samuel K. Wilson [Deliver to last updated address in personnel file] 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. -3- 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. Effect of Agreement on Employee's CaIPERS Retirement Benefits City makes no representation on the impact, if any, this Agreement shall or may have upon Employee's CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the CalPERS-related impact of his temporary employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. H. Effective Date This Agreement shall take effect on February 13, 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: 2 "i S — r l -5- City of Vernon, a California charter City and California municipal corporation 4By: l Carlos Fandino, Jr., Ci ff inistrator T:4 i `- Kzylo� Y' Maria E. tyala, Citx9erk Approg6d,.@sjjo form: Hema el, City Attorney In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary 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. Signed: Dated: Z- - / % mu K. Wilson M ATTACHMENT A SCOPE OF WORK Employee shall provide temporary supervision of the public works, water and development services Department of the City of Vernon as determined by the City Administrator or designee. Said services shall include, but are not limited to those duties and responsibilities outlined in the attached job description for Director of Public Works, Water, and Development Services. -7- JOB DESCRIPTION Director of Public Works, Water and Development Services Date Prepared: March 2014 Class Code: 7010 • SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, Building and Water Divisions of the City's Department of Community Services and Water. 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: • Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human and capital resources; develops and administers annual capital and operating budgets. • Measures and evaluates organizational effectiveness, employee performance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility maintenance. • Develops and manages short- and long-term Department goals, objectives, policies, and procedures. • Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • Serves as the City's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. • Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, variances, zone changes and General Plan amendments. • Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. • Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. • Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. • Directs staff and oversees the code enforcement of violations of zoning codes, building codes, and other related City regulations. • Directs the preparation of technical and administrative reports; presents reports along with recommendations to the City Administrator, City Council, boards and commissions. • Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; interacts with external regulatory agencies. • Confers with developers, commercial representatives, industrial interests, property owners and others in promoting and coordinating the development and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. • 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 MINIMUM QUALIFICATIONS: • Education, Training and Experience Guidelines: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of supervisory or management experience, in public works, engineering, water resource management and/or Community Development. Master's Degree in Public Administration or Engineering highly desirable. • Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, water facilities and technical inspection operations. • Applicable regulatory codes and laws regarding the development, construction and operation of public works, water, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, buildings and water facilities. • Occupational hazards and standard safety procedures. • Principles and practices of administrative management. • Principles and practices of effective employee supervision. • Principles and practices of regulatory management. • Principles and practices of contract administration. • Principles and practices of water resource management. • Principles and practices of public works maintenance operations. • Principles and practices of building and zoning code enforcement. • Principles and practices of public finance. • Principles and practices of project management. • Principles and practices of strategic planning. • Customer service standards and protocols. Skill in: • Directing the work of subordinate staff. • Defining problems, establishing facts and drawing valid conclusions. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Interpreting and applying City, state and federal policies, laws and regulations. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Building effective teams and providing efficient customer services. • Understanding and negotiating complex technical agreements with external agencies. • Formulating and presenting policy recommendations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Responding to emergency and problem situations effectively. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. Certified Building Official or must obtain within one year of hire date. Possession of a valid State of California driver's license. • PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed primarily in an office environment with some exposure to an outdoor work environment. May be required to climb ladders. May be exposed to dangerous machinery. TRANSMITTAL COMMUNICATION '�P Ulu OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 23, 2017 S. Kevin Wilson City of Vernon Public Works, Water & Development Services 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — Interim Director of Public Works, Water & Development Services Dear Mr. Wilson: Transmitted herewith is an original fully executed employment agreement, approved by City Council on February 21, 2017. If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext. 239. Very truly yours, `Deborah R. Juarez Records Management Assistant Enclosure c: Joaquin Leon Resolution No. 2017-07 Agreement File No. 17-013 EXclusivel Industrial FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Samuel K. Wilson CONTRACT PURPOSE: Employment Agreement. CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS;�BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acct. No(s) Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael A. Earl PHONE: 239 AUTHORIZATION: ❑ Approved by Council on PAD I P h Gov oci t, (Check One) Resolution No. (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 Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances I and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included T (5) City Signatory /� 1 Signs all copies on behalf of City (6) City Clerk ' _ Attests signatures, numbers, files contract, insurance and bonds, andJZ 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 TEMPORARY AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND SAMUEL K. WILSON This Agreement is between the City of Vernon ("City") and Samuel K. Wilson (hereinafter referred to as "Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim Director of Public Works, Water and Development Services, while the City conducts its recruitment for a permanent Director of Public Works, Water and Development Services, and will terminate Employee's services upon the City's appointment of a permanent Director of Public Works, Water and Development Services, or until otherwise terminated pursuant to Section 2 herein. Employee desires to be the Interim Director of the Public Works, Water and Development Services and acknowledges that such employment is for a limited duration and at - will. Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("CaIPERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position. Employee is a CaIPERS retired annuitant under Government Code Section 21221(h), and possesses extensive experience in local municipal public works, water and development services management, and the skill set to perform the required duties of Interim Director of Public Works, Water and Development Services. 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 temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be February 13, 2017. Employee's appointment is temporary, until such time as a Director of Public Works, Water and Development Services is appointed by the City Council upon completion of a recruitment process to fill the position on a permanent basis, or until this Agreement is otherwise terminated pursuant to the provisions herein. 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 seven (7) calendar days written notice. Employee may resign with seven (7) calendar days advance notice as set forth in Section 5 below. Section 2: DUTIES A. City engages Employee as the Interim Director of Public Works, Water and Development Services to perform the functions and duties specified in 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 shall work with the City Administrator to develop a work schedule in order 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: COMPENSATION A. As compensation for the services to be rendered by Employee, Employee shall be paid at an hourly rate equivalent to step 5 of salary range for the classification of Director of Public Works, Water, and Development services as published on the publicly available salary schedule approved by the City Council (currently set at $ 118.3962 per hour), payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. B. Pursuant to City payroll policies and procedures, Employee shall submit to the City Administrator a timesheet signed and attested for services completed and hours worked, and authorized expenses, during each work week. C. Employee shall be reimbursed for portal to portal mileage (at rate determined by IRS), for travel to and from the City for required work. All reimbursement requests must be approved by the City Administrator. D. Compensation provided herein shall constitute complete and full payment to Employee for the services provided hereunder. E. Under no circumstances shall Employee work more than 960 hours during any City fiscal year. Section 4: BENEFITS A. This is a temporary employee position that is not eligible for any employee benefits. -2- Section 5: TERMINATION A. The parties agree that this appointment is temporary, until such time as a permanent Director of Public Works, Water and Development Services is appointed by the City Council. B. Employee is a temporary, at -will employee and serves at the will and pleasure of the City Administrator and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least seven (7) calendar day advance written notice of the effective date of his resignation. Section 6: 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: Samuel K. Wilson [Deliver to last updated address in personnel file] 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. -3- 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. Effect of Agreement on Employee's CaIPERS Retirement Benefits City makes no representation on the impact, if any, this Agreement shall or may have upon Employee's CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the CalPERS-related impact of his temporary employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. H. Effective Date This Agreement shall take effect on February 13, 2017. [Signatures Begin on Next Page]. SE 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: 2-is- City of Vernon, a California charter City and California municipal corporation 4By: /l Carlos Fandino, Jr., Ci A inistrator 7 T. Maria E. yala, Cit erk -5- Appro . d o for i Hema el, City Attorney In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary 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. Signed: Dated: Z- WMuel K. Wilson -6- ATTACHMENT A SCOPE OF WORK Employee shall provide temporary supervision of the public works, water and development services Department of the City of Vernon as determined by the City Administrator or designee. Said services shall include, but are not limited to those duties and responsibilities outlined in the attached job description for Director of Public Works, Water, and Development Services. -7- JOB DESCRIPTION Director of Public Works, Water and Development Services Date Prepared: March 2014 Class Code: 7010 • SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, Building and Water Divisions of the City's Department of Community Services and Water. 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: • Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human and capital resources; develops and administers annual capital and operating budgets. • Measures and evaluates organizational effectiveness, employee performance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility maintenance. • Develops and manages short- and long-term Department goals, objectives, policies, and procedures. • Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • Serves as the City's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. • Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, variances, zone changes and General Plan amendments. -8- • Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. • Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. • Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. • Directs staff and oversees the code enforcement of violations of zoning codes, building codes, and other related City regulations. • Directs the preparation of technical and administrative reports; presents reports along with recommendations to the City Administrator, City Council, boards and commissions. • Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; interacts with external regulatory agencies. • Confers with developers, commercial representatives, industrial interests, property owners and others in promoting and coordinating the development and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. • 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 MINIMUM QUALIFICATIONS: • Education, Training and Experience Guidelines: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of supervisory or management experience, in public works, engineering, water resource management and/or Community Development. Master's Degree in Public Administration or Engineering highly desirable. • Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, water facilities and technical inspection operations. • Applicable regulatory codes and laws regarding the development, construction and operation of public works, water, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, buildings and water facilities. • Occupational hazards and standard safety procedures. • Principles and practices of administrative management. • Principles and practices of effective employee supervision. • Principles and practices of regulatory management. • Principles and practices of contract administration. • Principles and practices of water resource management. • Principles and practices of public works maintenance operations. • Principles and practices of building and zoning code enforcement. • Principles and practices of public finance. • Principles and practices of project management. -9- • Principles and practices of strategic planning. • Customer service standards and protocols. Skill in: • Directing the work of subordinate staff. • Defining problems, establishing facts and drawing valid conclusions. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Interpreting and applying City, state and federal policies, laws and regulations. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Building effective teams and providing efficient customer services. • Understanding and negotiating complex technical agreements with external agencies. • Formulating and presenting policy recommendations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Responding to emergency and problem situations effectively. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. Certified Building Official or must obtain within one year of hire date. Possession of a valid State of California driver's license. • PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed primarily in an office environment with some exposure to an outdoor work environment. May be required to climb ladders. May be exposed to dangerous machinery. STAFF REPORT FE�3I D� COW S pF�IGE STAFF REPORT CITY ADMINISTRATION DATE: February 21, 2017 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Michael A. Earl, Director of Human Resources RE: Resolution Appointing Samuel K. Wilson to Serve as Interim Director of Public Works, Water, and Development Services and Approving and Ratifying the Execution of a Related Temporary At -Will Employment Agreement Recommendation A. Find that approval of the agreement proposed 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 Samuel K. Wilson to serve as Interim Director of Public Works, Water and Development Services of the City of Vernon effective February 13, 2017, and approving and ratifying the execution of a related temporary at - will employment agreement. This appointment is temporary until such time as a recruitment and selection process can be completed for a new director. Background With the impending departure of the incumbent Director of Public Works, Water and Development Services, and in light of pressing matters related to the Public Works, Water and Development Services Department, management opted to assign an individual to perform the Director duties on a temporary basis until a recruitment to fill the Director position on a permanent basis can be completed. Under Government Code section 21221(h), CalPERS agencies are permitted to allow a CalPERS retiree to serve without reinstatement from retirement for a single interim appointment to a vacant managerial, executive or other unique position. The City Council is required to approve such interim appointments and make specific findings of a need to hire the retiree. Page 1 of 3 The Director of Public Works, Water and Development Services position is an executive -level position responsible for overseeing the City's public works, water and development services needs, and requires someone with specific skills and experience in a broad range of regulatory and compliance issues. The Vernon Department of Public Works, Water and Development Services provides comprehensive and efficient services. Candidate Background Mr. Wilson served as the Director of Public Works, Water and Development Services for the City of Vernon from January 21, 1996 to December 27, 2015. Prior to his Director role, Mr. Wilson worked within the City of Vernon Public Works Water and Development Services as an interim/acting Director of Community Services and Water from July 11, 1994 to January 20, 1996 and a Civil Engineer from October 6, 1991 to July 10, 1994. Therefore, he is familiar with the unique landscape of the City and its distinct needs. Throughout his career, Mr. Wilson has been involved in numerous committees and has maintained many professional affiliations that have enhanced his level of expertise. With a Bachelor's Degree in Civil Engineering from University of Southern California and various professional level certifications such as; Professional Engineer, Professional Land Surveyor, and Certified Building Official in conjunction with his extensive experience, Mr. Wilson is well suited to meet the requirements of the City's Public Works, Water and Development Services Department, and will be a valuable addition to the executive team during this temporary period. Mr. Wilson's interim appointment to the Director of Public Works, Water and Development Services position meets the Ca1PERS requirements for hiring a retired annuitant for the following reasons: • The Director of Public Works, Water and Development Services is a key executive -level position that requires specialized, technical skills and experience in public works, water and development services, including compliance and regulatory expertise. • An open recruitment to permanently fill the vacancy is pending, and there is a limited pool of experienced municipal public works, water and development services department directors. • The Director of Public Works, Water and Development Services Department needs an interim Director to maintain continuity and momentum on several important issues. • Mr. Wilson has over 34 years of previous experience working on public works, water and development services issues with the City of Vernon. Nearly 20 of those years were served as the Director of Public Works, Water and Development Services. • This will be a single interim appointment for the duration of the recruitment to fill the permanent position. • Mr. Wilson will work a part-time schedule, not to exceed 960 hours per fiscal year. • Mr. Wilson will be paid $118.3962 per hour, which is within the published pay range for the Director position. • Mr. Wilson will receive mileage reimbursement at the applicable IRS rate. • Mr. Wilson will not receive any other form of compensation, benefits, or incentives. Page 2 of 3 Temporary At -Will Employment Agreement The temporary at -will employment agreement for the Interim Director of Public Works, Water and Development Services has been reviewed and approved by the City Attorney's office. It is attached hereto as Exhibit A of the resolution for the City Council's approval and ratification. The Agreement establishes an effective date of February 13, 2017, and an hourly salary rate of $118.3962 per hour. Consistent with Ca1PERS rules, Mr. Wilson will be paid within the published salary range for the Director of Public Works, Water and Development Services position, and will receive no other compensation or benefits for his services. The temporary at -will employment agreement between the City of Vernon and Mr. Wilson is slightly different that the standard executive at -will employment agreement. The differences are as follows: • It is an agreement for a temporary Interim Director of Public Works, Water and Development Services employment assignment; as such, it is not eligible for benefits or leave accruals. • The agreement only requires seven (7) calendar days advance written notice of a resignation from employee and requires a seven 7) calendar day termination notice from the City, as opposed to the standard 30 day notice requirement. • Mr. Wilson will also receive mileage reimbursement rather than an auto allowance provided to certain other executive classifications. Fiscal Impact The approximate hourly cost associated with the aforementioned interim appointment is $118.3962 per hour, for an average work schedule ranging from 20-30 hours per week. Attachment(s) Resolution Appointing Samuel K. Wilson to Serve as Interim Director of Public Works, Water and Development Services Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING SAMUEL K. WILSON TO SERVE AS THE INTERIM DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES AND APPROVING AND RATIFYING THE EXECUTION OF A RELATED TEMPORARY AT -WILL EMPLOYMENT AGREEMENT WHEREAS, as of February 2, 2017, there is a pending vacancy in the position of Director of Public Works, Water and Development Services; and WHEREAS, in light of the pending vacancy and exigent need for management of the Public Works, Water and Development Services Department, City Administration has elected to fill the vacancy on a temporary basis until recruitment of an individual to fill the Director position on a permanent basis can be completed; and WHEREAS, the Director of Public Works, Water and Development Services is an executive -level position responsible for overseeing the City's unique public works, water and development services needs, and requires someone with specific skills and experience in a broad range of regulatory and compliance issues; and WHEREAS, in compliance with Government Code section 21221(h), the Vernon City Council must approve the appointment of a retiree to fill a vacant position on an interim basis during a recruitment to permanently fill the vacant position; and WHEREAS, Samuel K. Wilson ("Wilson") retired from the City of Vernon in the position of Director of Public Works, Water and Development Services, effective on December 27, 2015, and is available to serve in the position of Interim Director of Public Works, Water and Development Services for a limited duration until the City finds a qualified candidate to permanently fill the vacancy; and WHEREAS, Wilson has special skills necessary to perform the duties of the Interim Director of Public Works, Water and Development Services because of his many years of experience in the field, and his familiarity with the City and its distinct needs; and WHEREAS, the City and Wilson have executed a Temporary At - Will Employment Agreement (the "Agreement"), effective February 13, 2017, subject to the ratification by the City Council; and WHEREAS, consistent with CalPERS rules, Wilson will be paid within the published salary range for the Director position, will receive no other compensation or benefits for his services, and will work no more than 960 hours per fiscal year; and WHEREAS, the City Council of the City of Vernon desires to appoint Wilson to serve as the Director of Public Works, Water and Development Services on a temporary basis, and approve the Agreement and ratify the execution thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) 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 Samuel K. Wilson to serve as the Interim Director of Public - 2 - Works, Water and Development Services of the City of Vernon effective February 13, 2017. SECTION 4: The City Council of the City of Vernon hereby finds that this single interim appointment is necessary to fill the vacant position of Director of Public Works, Water and Development Services because the Department requires an Interim Director to maintain supervision, continuity and momentum on important ongoing public issues and projects. SECTION 5: The City Council of the City of Vernon hereby approves and ratifies the execution of the Temporary At -Will Employment Agreement with Wilson to serve as Director of Public Works, Water and Development Services of the City of Vernon, a copy which is attached hereto as Exhibit A. 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 Wilson. SECTION 7: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wilson and shall have him subscribe to it and file it with the Human Resources Department. - 3 - SECTION 8: 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 21St day of February, 2017. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zaynah]N,v Moussa, Senior Deputy City Attorney - 4 - 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, February 21, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 5 - EXHIBIT A TEMPORARY AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND SAMUEL K. WILSON This Agreement is between the City of Vernon ("City") and Samuel K. Wilson (hereinafter referred to as "Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim Director of Public Works, Water and Development Services, while the City conducts its recruitment for a permanent Director of Public Works, Water and Development Services, and will terminate Employee's services upon the City's appointment of a permanent Director of Public Works, Water and Development Services, or until otherwise terminated pursuant to Section 2 herein. Employee desires to be the Interim Director of the Public Works, Water and Development Services and acknowledges that such employment is for a limited duration and at - will. Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("CalPERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position. Employee is a CalPERS retired annuitant under Government Code Section 21221(h), and possesses extensive experience in local municipal public works, water and development services management, and the skill set to perform the required duties of Interim Director of Public Works, Water and Development Services. 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 temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be February 13, 2017. Employee's appointment is temporary, until such time as a Director of Public Works, Water and Development Services is appointed by the City Council upon completion of a recruitment process to fill the position on a permanent basis, or until this Agreement is otherwise terminated pursuant to the provisions herein. 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 seven (7) calendar days written notice. Employee may resign with seven (7) calendar days advance notice as set forth in Section 5 below. Section 2: DUTIES A. City engages Employee as the Interim Director of Public Works, Water and Development Services to perform the functions and duties specified in 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 shall work with the City Administrator to develop a work schedule in order 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: COMPENSATION A. As compensation for the services to be rendered by Employee, Employee shall be paid at an hourly rate equivalent to step 5 of salary range for the classification of Director of Public Works, Water, and Development services as published on the publicly available salary schedule approved by the City Council (currently set at $ 118.3962 per hour), payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. B. Pursuant to City payroll policies and procedures, Employee shall submit to the City Administrator a timesheet signed and attested for services completed and hours worked, and authorized expenses, during each work week. C. Employee shall be reimbursed for portal to portal mileage (at rate determined by IRS), for travel to and from the City for required work. All reimbursement requests must be approved by the City Administrator. D. Compensation provided herein shall constitute complete and full payment to Employee for the services provided hereunder. E. Under no circumstances shall Employee work more than 960 hours during any City fiscal year. Section 4: BENEFITS A. This is a temporary employee position that is not eligible for any employee benefits. -2- Section 5: TERMINATION A. The parties agree that this appointment is temporary, until such time as a permanent Director of Public Works, Water and Development Services is appointed by the City Council. B. Employee is a temporary, at -will employee and serves at the will and pleasure of the City Administrator and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least seven (7) calendar day advance written notice of the effective date of his resignation. Section 6: 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: Samuel K. Wilson [Deliver to last updated address in personnel file] 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. -3- 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. Effect of Agreement on Employee's CaIPERS Retirement Benefits City makes no representation on the impact, if any, this Agreement shall or may have upon Employee's CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the CalPERS-related impact of his temporary employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. H. Effective Date This Agreement shall take effect on February 13, 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: 2-is- r l -5- City of Vernon, a California charter City and California municipal corporation By: -4' Carlos Fandino, Jr., Ci A inistrator T: Maria E. yala, City&Aerk Approved-psrjo form: Hema P el,'City Attorney In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary 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. Signed: Dated: Z- mu K. Wilson IMI ATTACHMENT A SCOPE OF WORK Employee shall provide temporary supervision of the public works, water and development services Department of the City of Vernon as determined by the City Administrator or designee. Said services shall include, but are not limited to those duties and responsibilities outlined in the attached job description for Director of Public Works, Water, and Development Services. -7- JOB DESCRIPTION Director of Public Works, Water and Development Services Date Prepared: March 2014 Class Code: 7010 • SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, Building and Water Divisions of the City's Department of Community Services and Water. 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: • Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human and capital resources; develops and administers annual capital and operating budgets. • Measures and evaluates organizational effectiveness, employee performance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility maintenance. • Develops and manages short- and long-term Department goals, objectives, policies, and procedures. • Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • Serves as the City's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. • Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, variances, zone changes and General Plan amendments. -8- • Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. • Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. • Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. • Directs staff and oversees the code enforcement of violations of zoning codes, building codes, and other related City regulations. • Directs the preparation of technical and administrative reports; presents reports along with recommendations to the City Administrator, City Council, boards and commissions. • Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; interacts with external regulatory agencies. • Confers with developers, commercial representatives, industrial interests, property owners and others in promoting and coordinating the development and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. • 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 MINIMUM QUALIFICATIONS: • Education, Training and Experience Guidelines: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of supervisory or management experience, in public works, engineering, water resource management and/or Community Development. Master's Degree in Public Administration or Engineering highly desirable. • Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, water facilities and technical inspection operations. • Applicable regulatory codes and laws regarding the development, construction and operation of public works, water, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, buildings and water facilities. • Occupational hazards and standard safety procedures. • Principles and practices of administrative management. • Principles and practices of effective employee supervision. • Principles and practices of regulatory management. • Principles and practices of contract administration. • Principles and practices of water resource management. • Principles and practices of public works maintenance operations. • Principles and practices of building and zoning code enforcement. • Principles and practices of public finance. • Principles and practices of project management. 912 • Principles and practices of strategic planning. • Customer service standards and protocols. Skill in: • Directing the work of subordinate staff. • Defining problems, establishing facts and drawing valid conclusions. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Interpreting and applying City, state and federal policies, laws and regulations. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Building effective teams and providing efficient customer services. • Understanding and negotiating complex technical agreements with external agencies. • Formulating and presenting policy recommendations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Responding to emergency and problem situations effectively. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. Certified Building Official or must obtain within one year of hire date. Possession of a valid State of California driver's license. • PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed primarily in an office environment with some exposure to an outdoor work environment. May be required to climb ladders. May be exposed to dangerous machinery. 11111111121