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Resolution No. 2017-040RESOLUTION NO. 2017-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING DANIEL WALL TO SERVE AS THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on May 1, 2017, the Human Resources Department initiated the recruitment process to fill the vacancy of the Director of Public Works; 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 by internal and external raters; and WHEREAS, on June 27, 2017, the City Administrator conducted final interviews of the highest ranking candidates; and WHEREAS, by memorandum dated August 1, 2017, the City Administrator has recommended Daniel Wall ("Wall") to the City Council of the City of Vernon as the most qualified candidate and initiated the pursuit of the employment of Wall as the Director of Public Works of the City of Vernon, subject to City Council's approval and Wall's successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Wall to serve as the Director of Public Works, effective August 14, 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 Daniel Wall to serve as the Director of Public Works of the City of Vernon, effective August 14, 2017. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Wall to serve as Director of Public Works 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 Wall 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 Wall. - 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 ist day of August, 2017. Name: Melissa ' A. Ybarra Title: Mayor / - ATTEST: Matthew Ceballos �e+tp-- / Deputy City Clerk APPROVED AS TO FORM: Zayn4h)11bussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Matthew Ceballos C_}l, r, _ Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2017-40, 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, August 1, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2017, at Vernon, California. (SEAL) - 4 - zz� � - � < Matthew Ceballos ctty et/ Deputy City Clerk EXHIBIT A CITY OF VERNON Invites your interest for the position of DIRECTOR OF PUBLIC WORKS Y�it�yO�V CIYIc C���T�it i rr 12F k Ila ' The City of Vernon Invites your interest for the position of DIRECTOR OF PUBLIC WORKS The City of Vernon offers an outstanding career opportunity for a motivated, organized, and experienced leader to reimagine and lead a unique Public Works Department that includes Engineering, Planning, Building, and Public Works maintenance functions including infrastructure and street maintenance, City garage, warehouse operations, and facility and housing maintenance. If you are interested in this exciting and challenging opportunity, please apply online at www.ciyofvernon.org by June 4, 2017. 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 industrial city in the Southwestern United States, Vernon remains largely industrial with an approximate residential population of 250. The City currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine for the Southern California 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 services 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 Ciy's total budget for FY 2016-17 is a little over $335 million (the General Fund budget is almost $55 million) with a little over 250 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 Ciy's implementation of more than 150 good governance reforms, Vernon — the city that has characterized itself as "Exclusively Industrial" for over 112 years — has firmly established itself as a model city for good governance. The City is seeking an experienced Director of Public Works committed to the furtherance of good governance practices. THE PUBLIC WORKS DEPARTMENT The City of Vernon Public Works Department offers a streamlined approach to permitting for new development. One counter serves as the central location to process permits and answer questions regarding building codes, zoning codes, work in the public right of way, and City service information. Consistent with the City's goal of providing streamlined customer services, the City has consolidated four divisions of the City pertaining to community development and the maintenance of the public infrastructure into one department. The consolidation of these divisions permits the coordination of projects and programs to promote consistency, efficiency and excellent customer service to the community. THE POSITION The Director of Public Works provides leadership and directs the activities of the Public Works Maintenance, Engineering, Planning, and Building Divisions of the City's Department of Public Works. The Director of Public Works is considered a critical member of the Executive team that has been assembled to successfully address and respond to the myriad of issues that Vernon faces on a daily basis. She or he supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with the public and City Staff. The Director must have knowledge in a diversity of fields and be able to multi -task. Duties range from oversight of capital projects, performing City planning functions including the development and enforcement of the City's General Plan and Zoning regulations, providing guidance on Building Code regulations, providing technical oversight of regional transportation projects, working with property owners on proposed industrial development projects and overseeing the maintenance of the City's infrastructure. ESSENTIAL JOB FUNCTIONS • 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, regional planning, and economic development matters. • Plans, organizes, directs, and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility and housing 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 projects; confers and advises on problems related to the design, construction and engineering of public works systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • May serve 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. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. • 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 as appropriate; performs other duties as required or assigned. Key challenges and opportunities facing the next Director of Public Works include: Anticipated retirement of key leadership and highly experienced personnel means the loss of valuable acumen and institutional knowledge. Strong mentorship and development of personnel is needed to integrate operational divisions and bring stability. Duties will include: • Directing a staff of over 40 highly motivated individuals across a variety of functions and disciplines. • Analyzing the structure and reporting relationships within the Department and across divisions and functional areas to ensure the delivery of efficient and effective service to the community. • Providing guidance to City Council on major regional transportation projects, including the widening of the 1-710 freeway, the California High Speed Rail and the Eco Rapid Transit line which will all bisect the City. • Overseeing a multitude of infrastructure capital projects ranging from bridge widening, to storm drain improvements. Providing input and oversight on the development of nearly $100 million dollars of private construction annually. • Maintaining an aging infrastructure. • Implementing zoning regulations. • Working collaboratively with the City's executive team and elected officials to further the City's efforts to remain a model City. 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 approaches work with a sense of urgency. He/She should be a team player who is open and approachable; able to identify, select and motivate subordinate staff; and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Council, City Administrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Public Works needs to be trustworthy, ethical, articulate, and have good interpersonal skills. Required Training, Education and Experience: 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, and/or Community Development. Master's Degree in Public Administration or Engineering is highly desirable. License and Certification Requirements: Possession of a valid State of California driver's license is required. Registration as a Professional Engineer is required. Registration as a Professional Land Surveyor is desirable. Compensation The monthly salary range for this position is $15,314 — $18,614. Salary placement within the established salary range depends upon qualifications. In addition, benefits provided include: vacation, holiday, sick, and administrative leave; life insurance; and medical, dental, and vision insurance provided in an aggregate allowance of up to $1,680.92 per month for family coverage. Pre-tax supplemental insurance plans are offered through AFLAC, Colonial Life, and Mutual of Omaha; there is an option to participate in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement offered through the California Public Employees Retirement System (CaIPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribution) and a 2% at 62 retirement formula for new members (currently new employees pay a 5.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership is available. The City has a 4110 work schedule. Selection Process Completed application packets will be reviewed and those whose qualifications best meet, or exceed, the requirements of the position and appear to best suit the needs of the City will be invited to participate in the selection process. A complete application packet must include a cover letter, resume and completed City of Vernon online application. Resumes are not accepted in lieu of City applications. Please be advised that if you submit multiple applications, the most current application will be accepted and reviewed. For a complete job description please visit our website at www.cityofvernon.org Tentative interview date: Initial interviews are tentatively scheduled for Monday, ,June 19th, 2017. HOW TO APPLY For an opportunity to work for an outstanding, dynamic, and progressive City committed to establishing itself as a model for good governance, please visit our website at www.cityofvernon.org and apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Application materials must be submitted online no later than 1 1:59 p.m., Sunday, June 4, 2017. If you have any questions, please contact Lisette Grizzelle, in the Human Resources Department at (323) 583-881 1 ext.166 EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND DANIEL WALL This Agreement is between the City of Vernon ("City") and Daniel Wall ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Public Works. Employee desires to be the Director of Public Works 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 August 14, 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 Director of Public Works (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 $187,417, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management Benefits Employee shall receive all benefits specified by the then -current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 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 for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: ABUSE OF OFFICE OR POSITION 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 & RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). - 3 - However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Carlos R. Fandino, Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Daniel Wall 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. 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 August 14, 2017. [Signatures Begin on Next Page]. - 5 - IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation M Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- 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 - 7 - ATTACHMENT A Job Description - 8 - JOB DESCRIPTION Director of Public Works Date Prepared: March 2014 Class Code: 7010 Date Revised: February, 2017 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, and Building Divisions of the City's Public Works Department. 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: • 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, regional planning and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility and housing 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 projects; confers and advises on problems related to the design, construction and engineering of public works systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • May serve 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. • 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 operations. • Serves as the primary City staff member to the Vernon Housing Commission. • 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. Director of Public Works Vernon CA 1 of 3 • 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 related issues and City information as appropriate; performs other duties as required or assigned. 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, and/or Community Development. Master's Degree in Public Administration or Engineering is highly desirable. Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, Public Works projects and technical inspection operations. • Applicable regulatory codes and laws. • Development, construction and operation of public works, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, and buildings 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 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. Director of Public Works Vernon CA 2 of 3 Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Possession of a valid State of California driver's license. Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. 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. Director of Public Works Vernon CA 3 of 3 FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Daniel Wall CONTRACT PURPOSE: At -Will Employment Agreement for Director of Public Works CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS Ci3'$UDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $187,417.00 (Annual Salary) Charge Acct. No(s) 011-1040-501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael A. Earl PHONE: ext. 239 AUTHORIZATION: 2/Approved by Council on 08/01/2017 (Check One) Resolution No. 2017-40 (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 1 (2) Liability and Claims "1 Approves insurance and sureties, if bonds required (3) Finance (Purchasing) U� 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 ► 1--- Q�� ��' Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 TRANSMITTAL COMMUNICATION ,rLl of 7)jvr.. oI vPIP _ s ` �YtLT IM�J S' OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 14, 2017 Daniel Wall City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — Director of Public Works Dear Mr. Wall: Transmitted herewith is an original fully executed employment agreement, approved by City Council on August 1, 2017, through Resolution No. 2017-40. If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext. 239. z nR.Juarez;zz""­ Records Management Assistant Enclosure c: Joaquin Leon Resolution No. 2017-40 Agreement File No. 17-069 EXclusively Industrial AT-W ILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND DANIEL WALL This Agreement is between the City of Vernon ("City") and Daniel Wall ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Public Works. Employee desires to be the Director of Public Works 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 August 14, 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 Director of Public Works (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 $187,417, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan,,as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management Benefits Employee shall receive all benefits specified by the then -current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph -2- E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 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 for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: ABUSE OF OFFICE OR POSITION If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). .3_ However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Carlos R. Fandino, Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Daniel Wall 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. 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 August 14, 2017. [Signatures Begin on Next Page]. -5- �i :::� 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, y Carlos R. Fandino Jr., City A inistrator ST: �(----:-.-' Maria . Ayala, City Wrk Approved as to form: He"tel, City Attorney -6- 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. Signed: Dated: $ &1-7 i - I Employee -7- ATTACHMENT A Job Description -8- JOB DESCRIPTION Director of Public Works Date Prepared: March 2014 Class Code: 7010 Date Revised: February, 2017 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, and Building Divisions of the City's Public Works Department. 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, regional planning and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility and housing 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 projects; confers and advises on problems related to the design, construction and engineering of public works systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • May serve 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. • 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 operations. • Serves as the primary City staff member to the Vernon Housing Commission. • 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. Director of Public Works Vernon CA 1 of 3 • 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 related issues and City information as appropriate; performs other duties as required or assigned. 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, and/or Community Development. Master's Degree in Public Administration or Engineering is highly desirable. Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, Public Works projects and technical inspection operations. • Applicable regulatory codes and laws. • Development, construction and operation of public works, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, and buildings 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 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. Director of Public Works Vernon CA 2 of 3 • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Possession of a valid State of California driver's license. Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. 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. Director of Public Works Vernon CA 3 of 3 STAFF REPORT L� IOhh �0 RECEIVED e JUL 2 7 2017 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: August 1, 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 Daniel Wall to Serve as Director of Public Works of the City of Vernon and Approving and Authorizing the Execution of a Related 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 Daniel Wall to serve as Director of Public Works of the City of Vernon effective August 14, 2017, and approving and authorizing the execution of a related at -will employment agreement. Background The recruitment for a new Public Works Director opened on May 1, 2017. Resumes and application materials were accepted through June 4, 2017. A total of 35 applications were received. Following a review of the application materials submitted, 7 candidates were invited to participate in the initial interviews. Each candidate participated in interviews with 2 panels; one consisting of internal raters and the other consisting of external raters including City Managers/Assistant City Managers from other cities. Those interviews were held on June 19, 2017. The City Administrator held follow up interviews on June 27. There is one candidate who consistently ranked as the number one candidate throughout the process and is the candidate recommended by the City Administrator for City Council consideration. Candidate Background Page 1 of 2 The recommended candidate to be the next Director of Public Works for the City of Vernon is Daniel Wall. Mr. Wall is currently the Parks and Public Works Director for the City of San Marino. Prior to working in San Marino, Mr. Wall served as the Director of Public Works/City Engineer for the City of Baldwin Park. Mr. Wall's experience also includes serving the City of Whitter as Assistant Director of Public Works and the City of San Fernando as City Engineer. Prior to his local government experience, Mr. Wall worked for several private sector firms providing engineering consulting services on a variety of residential, commercial, industrial, and public works projects. Mr. Wall possesses a Bachelor of Science degree in civil engineering from Cal State Northridge and a Master's degree in business administration from University of Southern California. He is also a registered civil engineer and a licensed real estate broker. At -Will Employment Agreement The At -Will Employment Agreement for the Director of Public Works has been presented to Mr. Wall and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes as effective date of August 14, 2017 and a starting salary of $187,417, (which is step 1 of the established salary range for this position) per year, plus all benefits provided to Executive personnel. The proposed Agreement has been reviewed and approved by the City Attorney's Office and is consistent with the City Council approved at -will form agreement Appointment and Oath of Office Mr. Wall will be in attendance at the August 15, 2017 City Council meeting and will be prepared to take a ceremonial oath of office at that time. He will assume his duties as Director of Public Works for the City of Vernon effective August 14, 2017. Fiscal Impact The approximate annual cost to fill the Director of Public Works position as proposed in this staff report is $260,929 (salary of $187,417 plus fringe benefits). Sufficient funds are included in the Public Works Department's budget for fiscal year 2017-2018. Attachment(s) 1. Resolution Appointing Daniel Wall to Serve as Director of Public Works Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING DANIEL WALL TO SERVE AS THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on May 1, 2017, the Human Resources Department initiated the recruitment process to fill the vacancy of the Director of Public Works; 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 by internal and external raters; and WHEREAS, on June 27, 2017, the City Administrator conducted final interviews of the highest ranking candidates; and WHEREAS, by memorandum dated August 1, 2017, the City Administrator has recommended Daniel Wall ("Wall") to the City Council of the City of Vernon as the most qualified candidate and initiated the pursuit of the employment of Wall as the Director of Public Works of the City of Vernon, subject to City Council's approval and Wall's successful completion of the pre -employment process; and WHEREAS, the City Council of the City of Vernon desires to appoint Wall to serve as the Director of Public Works, effective August 14, 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 Daniel Wall to serve as the Director of Public Works of the City of Vernon, effective August 14, 2017. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Wall to serve as Director of Public Works 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 Wall 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 Wall. - 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 1st day of August, 2017. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zaynah)14bussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, 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, August 1, 2017, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A CITY OF VERNON Invites your interest for the position of -s DIRECTOR OF PUBLIC WORKS own AOL v j m t k• The City of Vernon Invites your interest for the position of DIRECTOR OF PUBLIC WORKS The City of Vernon offers an outstanding career opportunity for a motivated, organized, and experienced leader to reimagine and lead a unique Public Works Department that includes Engineering, Planning, Building, and Public Works maintenance functions including infrastructure and street maintenance, City garage, warehouse operations, and facility and housing maintenance. If you are interested in this exciting and challenging opportunity, please apply online at www.cityofvernon.org by June 4, 2017. 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 industrial city in the Southwestern United States, Vernon remains largely industrial with an approximate residential population of 250. The City currently houses more than 1,800 businesses that employ approximately 50,000 people, serving as a vital economic engine for the Southern California 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 services 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 201617 is a little over $335 million (the General Fund budget is almost $55 million) with a little over 250 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 Ciy's implementation of more than 150 good governance reforms, Vernon — the city that has characterized itself as "Exclusively Industrial" for over 112 years — has firmly established itself as a model city for good governance. The City is seeking an experienced Director of Public Works committed to the furtherance of good governance practices. THE PUBLIC WORKS DEPARTMENT The City of Vernon Public Works Department offers a streamlined approach to permitting for new development. One counter serves as the central location to process permits and answer questions regarding building codes, zoning codes, work in the public right of way, and City service information. Consistent with the Ciy's goal of providing streamlined customer services, the City has consolidated four divisions of the City pertaining to community development and the maintenance of the public infrastructure into one department. The consolidation of these divisions permits the coordination of projects and programs to promote consistency, efficiency and excellent customer service to the community. THE POSITION The Director of Public Works provides leadership and directs the activities of the Public Works Maintenance, Engineering, Planning, and Building Divisions of the City's Department of Public Works. The Director of Public Works is considered a critical member of the Executive team that has been assembled to successfully address and respond to the myriad of issues that Vernon faces on a daily basis. She or he supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with the public and City Staff. The Director must have knowledge in a diversity of fields and be able to multi -task. Duties range from oversight of capital projects, performing City planning functions including the development and enforcement of the Ciy's General Plan and Zoning regulations, providing guidance on Building Code regulations, providing technical oversight of regional transportation projects, working with property owners on proposed industrial development projects and overseeing the maintenance of the Ciy's infrastructure. ESSENTIAL JOB FUNCTIONS • 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. 9 Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, regional planning, and economic development matters. • Plans, organizes, directs, and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility and housing 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 projects; confers and advises on problems related to the design, construction and engineering of public works systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • May serve as the Ciy's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. • 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 as appropriate; performs other duties as required or assigned. Key challenges and opportunities facing the next Director of Public Works include: Anticipated retirement of key leadership and highly experienced personnel means the loss of valuable acumen and institutional knowledge. Strong mentorship and development of personnel is needed to integrate operational divisions and bring stability. Duties will include: • Directing a staff of over 40 highly motivated individuals across a variety of functions and disciplines. • Analyzing the structure and reporting relationships within the Department and across divisions and functional areas to ensure the delivery of efficient and effective service to the community. • Providing guidance to City Council on major regional transportation projects, including the widening of the 1-710 freeway, the California High Speed Rail and the Eco Rapid Transit line which will all bisect the City. • Overseeing a multitude of infrastructure capital projects ranging from bridge widening, to storm drain improvements. Providing input and oversight on the development of nearly $100 million dollars of private construction annually. • Maintaining an aging infrastructure. • Implementing zoning regulations. • Working collaboratively with the City's executive team and elected officials to further the City's efforts to remain a model City. 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 approaches work with a sense of urgency. He/She should be a team player who is open and approachable; able to identify, select and motivate subordinate staff; and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Council, City Administrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Public Works needs to be trustworthy, ethical, articulate, and have good interpersonal skills. Required Training, Education and Experience: 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, and/or Community Development. Master's Degree in Public Administration or Engineering is highly desirable. License and Certification Requirements: Possession of a valid State of California driver's license is required. Registration as a Professional Engineer is required. Registration as a Professional Land Surveyor is desirable. Compensation The monthly salary range for this position is $15,314 — $18,614. Salary placement within the established salary range depends upon qualifications. In addition, benefits provided include: vacation, holiday, sick, and administrative leave; life insurance; and medical, dental, and vision insurance provided in an aggregate allowance of up to $1,680.92 per month for family coverage. Pre-tax supplemental insurance plans are offered through AFLAC, Colonial Life, and Mutual of Omaha; there is an option to participate in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retirement offered through the California Public Employees Retirement System (CaIPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribution) and a 2% at 62 retirement formula for new members (currently new employees pay a 5.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership is 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 and appear to best suit the needs of the City will be invited to participate in the selection process. A complete application packet must include a cover letter, resume and completed City of Vernon online application. Resumes are not accepted in lieu of City applications. Please be advised that if you submit multiple applications, the most current application will be accepted and reviewed. For a complete job description please visit our website at www.cityofvernon.org Tentative interview date: Initial interviews are tentatively scheduled for Monday, June 19th, 2017. HOW TO APPLY For an opportunity to work for an outstanding, dynamic, and progressive City committed to establishing itself as a model for good governance, please visit our website at www.cityofvernon.org and apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Application materials must be submitted online no later than 1 1:59 p.m., Sunday, June 4, 2017. If you have any questions, please contact lisette Grizzelle, in the Human Resources Department at (323) 583-881 1 ext.166 EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND DANIEL WALL This Agreement is between the City of Vernon ("City") and Daniel Wall ("Employee") Recitals City desires to employ Employee as an at -will employee in the position of Director of Public Works. Employee desires to be the Director of Public Works 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 August 14, 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 Director of Public Works (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 $187,417, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management Benefits Employee shall receive all benefits specified by the then -current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his/her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: ABUSE OF OFFICE OR POSITION If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). - 3 - However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Carlos R. Fandino, Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Daniel Wall 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. 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 August 14, 2017. [Signatures Begin on Next Page]. -5- 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 Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- 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 - 7 - ATTACHMENT A Job Description -s- JOB DESCRIPTION Director of Public Works Date Prepared: March 2014 Date Revised: February, 2017 Class Code: 7010 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, and Building Divisions of the City's Public Works Department. 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: • 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, regional planning and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility and housing 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 projects; confers and advises on problems related to the design, construction and engineering of public works systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • May serve 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. • 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 operations. • Serves as the primary City staff member to the Vernon Housing Commission. • 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. Director of Public Works Vernon CA 1 of 3 • 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 related issues and City information as appropriate; performs other duties as required or assigned. 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, and/or Community Development. Master's Degree in Public Administration or Engineering is highly desirable. Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, Public Works projects and technical inspection operations. • Applicable regulatory codes and laws. • Development, construction and operation of public works, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, and buildings 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 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. Director of Public Works Vernon CA 2 of 3 • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Possession of a valid State of California driver's license. Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. 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. Director of Public Works Vernon CA 3 of 3