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Resolution No. 2018-002RESOLUTION NO. 2018-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KEITH S. ALLEN TO SERVE AS THE DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on September 6, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-50 appointing Keith Allen ("Allen") to serve as the Director of Health & Environmental Control of the City and approved and authorized the execution of a related at -will employment agreement; and WHEREAS, on December 4, 2017, Allen submitted his resignation as the City's Director of Health & Environmental Control effective January 4, 2018; and WHEREAS, Allen has requested reinstatement to his former position with the City of Vernon; and WHEREAS, by memorandum dated January 18, 2018, the City Administrator in conjunction with the Director of Human Resources, has recommended Allen be re -appointed to the position of Director of Health and Environmental Control effective January 18, 2018, as the position of Director of Health and Environmental Control remains vacant and based on Allen's previous service to the City; and WHEREAS, the City Council of the City of Vernon desires to appoint Allen to serve as the Director of Health & Environmental Control, effective January 18, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. SECTION 3: The City Council of the City of Vernon hereby appoints Keith S. Allen to serve as the Director of Health & Environmental Control of the City of Vernon, effective January 18, 2018. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Allen to serve as Director of Health & Environmental Control of the City of Vernon, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Allen and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Allen. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of January, 2018. ATTEST: M is E. A ala City Clerk / Deput = r; }1' G- o_rk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 3 - Nam Melissa Ybarra Title: Mayor / -Ma-or Pro -'Tom STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala City Clerk / now *-_ of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-02, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Thursday, January 18, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this OL111"'day of January, 2018, at Vernon, California. (SEAL) - 4 - Ma is E City Clerk / EXHIBIT A AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee") Recitals City desires to employ Employee as an at -will employee in the position of Director of Health and Environmental Control. Employee desires to be the Director of Health and Environmental Control and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 18, 2018. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health and Environmental Control (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 $206,627, 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. After six months of employment from the date of appointment as specified above, 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 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"). -- 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 II & GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Carlos R. Fandino, Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Keith S. Allen 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 January 18, 2018. [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 -Is- JOB DESCRIPTION Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety; solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CalARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter- agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work - related issues and City information; performs other duties as required or assigned. Director of Health and Environmental Control Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. Director of Environmental Control Vernon CA 2 of 2 TRANSMITTAL COMMUNICATION a n OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 January 29, 2018 Keith Allen City of Vernon Health & Environmental Control Department 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — Director of Health & Environmental Control Dear Mr. Allen: Transmitted herewith is an original fully executed employment agreement, approved by City Council on January 18, 2018, through Resolution No. 2018-02. If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext. 239. Very truly yours, Debora(Management uarez Records As ' ant Enclosure c: Joaquin Leon Resolution No. 2018-02 Agreement File No. 18-001 EXcfusivefy Industrial FULLY EXECUTED AGREEMENT SIGNATURE ROUTING FORM CONTRACTOR: Keith S. Allen CONTRACT PURPOSE: At -Will Employment Agreement for Director of Health & Environmental Control CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS F BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 206,627.00 (YearlySSalar) Charge Acct. No(s) 011.1060.501010 Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: Approved by Council on 01/18/2018 (Check one and attach Resolution No. 2018-02 (if applicable) supporting documentation) ❑ Approved by City Administrator on ❑ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person Alr Certifies compliance with Competitive Bidding and Purchasing Ordinance, ' �`— obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney's Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance if bonds required. (� and sureties, (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget. (4) City Attorney ( I ZZ Approves contract as to form. (5) City Signatory Signs document on behalf of City. (� (6) City Clerk Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6/2017 AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Health and Environmental Control. Employee desires to be the Director of Health and Environmental Control and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 18, 2018. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health and Environmental Control (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 $206,627, 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. Employees 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. After six months of employment from the date of appointment as specified above, 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 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: Keith S. Allen 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. -4- F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on January 18, 2018. [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. City of Vernon, a California charter City and California municipal corporation 2 Dated: � S � � By: Carlos R. Fandino Jr., City ministrator ATTEST: Maria E. Ayala, City Clerk AppMve toorm: Hem atel, City I rney -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: fl ' -7- Signed: 1�4 % . - Employee ATTACHMENT A Job Description WE JOB DESCRIPTION Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety; solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CaIARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class, - employees maybe assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following. • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter- agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work - related issues and City information; performs other duties as required or assigned. Director of Health and Environmental Control Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. Director of Environmental Control Vernon CA 2 of 2 STAFF REPORT elv et) Rt�Lp 104 11 Iola to agoOtE STAFF REPORT CITY ADMINISTRATION DATE: January 18, 2018 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Michael A. Earl, Director of Humad esQarces RE: Resolution Appointing Keith S. Allen to Serve as Director of Health and Environmental Control 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 R. Adopt the attached resolution appointing Keith S. Allen to serve as Director of Health and Environmental Control of the City of Vernon effective January 18. 2018, and approving and authorizing the execution of a related at -will employment agreement. Background On December 4, 2017. Keith Allen submitted his resignation as the City's Director of Health and Environmental Control to pursue a professional opportunity with the County of San Diego. Due to personal family reasons. Mr. Allen has requested reinstatement to his former position with the City of Vernon. As the position of Director of Health and Environmental Control remains vacant and based on Mr. Allen's previous service to the City. the City Administrator is recommending Mr. Allen be re -appointed to the position of Director of Health and Environmental Control effective January 18. 2018. Candidate Background Mr. Allen served as the City of Vernon's Director of Health and Environmental Control from September 19, 2016 until January 4. 2018. Prior to his employment with the City of Vernon, Mr. Page I of 2 Allen served as a Program Supervisor/Environmental Health Specialist IV for the City of Long Beach. Mr. Allen also served the County of Los Angeles as an environmental health specialist Mr. Allen attained his Master of Public Administration degree and his Bachelor of Science degree in Criminal Justice from California State University, Long Beach. He has also pursued industry specific certifications, served as a board member and/or speaker for a variety of Environmental Health organizations, and has worked as a part-time instructor for the California State University of Los Angeles Department of Public Health. Given Mr. Allen's experience with the City of Vernon serving as the Director of Health and Environmental Control for approximately sixteen months and his qualifications and extensive experience, he is well suited to meet the needs of the City's Health and Environmental Control Department, and will, once again, be a valuable addition to the executive team. At -Will Employment Agreement The At -Will Employment Agreement for the Director of Health and Environmental Control has been presented to Mr. Allen and is attached hereto as Exhibit A of the resolution for City Council's approval. The Agreement establishes an effective date of January 18, 2018 and a starting salary of $206,627, (which is step 2 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 substantially consistent with the City Council approved at -will form agreement. Appointment and Oath of Office Following City Council approval, Mr. Allen would be sworn in by the City Clerk after the City Council meeting. Fiscal Impact The approximate annual cost to fill the Director of Health and Environmental Control position as proposed in this staff report is $284,908 (salary of $206,627 plus fringe benefits). Sufficient funds are included in the Health and Environmental Control Department's budget for fiscal year 2017-2018. Attach ment(s) 1. Resolution Appointing Keith S. Allen to Serve as Director of Health and Environmental Control Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KEITH S. ALLEN TO SERVE AS THE DIRECTOR OF HEALTH & ENVIRONMENTAL CONTROL OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on September 6, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-50 appointing Keith Allen ("Allen") to serve as the Director of Health & Environmental Control of the City and approved and authorized the execution of a related at -will employment agreement; and WHEREAS, on December 4, 2017, Allen submitted his resignation as the City's Director of Health & Environmental Control effective January 4, 2018; and WHEREAS, Allen has requested reinstatement to his former position with the City of Vernon; and WHEREAS, by memorandum dated January 18, 2018, the City Administrator in conjunction with the Director of Human Resources, has recommended Allen be re -appointed to the position of Director of Health and Environmental Control effective January 18, 2018, as the position of Director of Health and Environmental Control remains vacant and based on Allen's previous service to the City; and WHEREAS, the City Council of the City of Vernon desires to appoint Allen to serve as the Director of Health & Environmental Control, effective January 18, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. SECTION 3: The City Council of the City of Vernon hereby appoints Keith S. Allen to serve as the Director of Health & Environmental Control of the City of Vernon, effective January 18, 2018. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Allen to serve as Director of Health & Environmental Control of the City of Vernon, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Allen and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Allen. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of January, 2018. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: IL&ef- Briar�lByuni'," Senior Deputy City Attorney - 3 - Name: Title: Mayor / Mayor Pro-Tem 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 special meeting of the City Council duly held on Thursday, January 18, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2018, at Vernon, California. (SEAL) - 4 - City Clerk / Deputy City Clerk EXHIBIT A AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KEITH S. ALLEN This Agreement is between the City of Vernon ("City") and Keith S. Allen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Health and Environmental Control. Employee desires to be the Director of Health and Environmental Control and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 18, 2018. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Health and Environmental Control (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 $206,627, 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. After six months of employment from the date of appointment as specified above, 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 -I- 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 I11-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: 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 I 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: Keith S. Allen 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 January 18, 2018. [Signatures Begin on Next Page]. IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation M Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: -7- Signed: Employee ATTACHMENT A Job Description -s- JOB DESCRIPTION Director of Health and Environmental Control Date Prepared: March 2014 Class Code: 2010 SUMMARY: Under limited supervision, the Director of Health and Environmental Control is responsible for the development, research, administration and execution of a complex and comprehensive public and environmental health program. Program areas include food safety; solid waste management; sustainability program coordination; rodent and vector control; water and sewage surveillance; cross connection control; hazardous materials and underground storage tank monitoring; above ground storage tanks; storm water; CalARP; garment manufacturing; site mitigation; land use; emergency response; housing and institutions; occupational health; industrial hygiene; communicable disease prevention; rabies and animal control in the City of Vernon. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class, employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Manages the Health Department through effective planning and fiscal management; provides leadership, direction and guidance in health and environmental strategies and priorities; evaluates and analyzes issues, and recommends and implements solutions; monitors and assures public and environmental activities and procedures are in compliance with all laws, policies, and regulations. • Conducts analyses and evaluations of environmental and public health programs in terms of present and future needs of the community. • Acts as the Health Officer in conformance with State and local laws. • Manages Health Department staff, prioritizes projects, evaluates performance, and resolves workload and technical issues; assures that appropriate services are provided. • Provides leadership and direction for all health and environmental control programs and activities. • Coordinate programs with other City of Vernon departments and with regional, State and Federal agencies. • Responds to environmental health complaints, coordinates environmental risk assessments, and directs the resolution of environmental health issues. • Responds to emergency incidents involving hazardous materials and disease vectors; coordinates inter- agency investigations of environmental health hazards and emergencies. • Monitors changes in proposed legislation and makes recommendations affecting public and environmental health matters. • Represents the City of Vernon and acts as Commission Director of the Sustainability Development and Energy Efficiency Commission. • Keeps abreast of current principles and practices of environmental health including regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work - related issues and City information; performs other duties as required or assigned. Director of Health and Environmental Control Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Public Health, Environmental Health, Biological Science, Chemistry, or related science field; AND five years of experience at an upper management level involving program planning, training and supervision of field activities in a California public health/environmental regulatory agency. Master's Degree in Public Health, Public Administration, or a related field is desirable. Knowledge of: • City policies and procedures. • Federal and state laws, codes, rules, and regulations related to public/environmental health. • Techniques and practices for efficient and cost effective management of resources. • Regional public health protocols, environmental protection issues, and regulatory enforcement standards. • Techniques of investigating and resolving complex environmental health problems and conditions. • Physical and biological science standards and guidelines used in environmental quality controls. • Environmental research and statistical evaluation principles and methods. • Techniques of investigating, inspecting, and resolving public health issues. • Customer service and public relations methods and practices. • Record keeping and file maintenance principles and procedures. Skill in: • Interpreting and applying state and federal statutes, codes, rules, and regulations. • Managing staff, delegating tasks and authority, and coaching to improve staff performance • Working effectively with others to develop solutions for public/environmental health problems. • Applying environmental health and safety principles and practices in a regulatory environment. • Inspecting, testing, and analyzing complex multidisciplinary environmental health issues. • Interpreting technical instructions and analyzing complex variables. • Following and applying scientific principles and procedures for public/environmental health investigations. • Collecting and analyzing data, and making appropriate recommendations. • Assessing and prioritizing multiple tasks, projects, and demands. • Using initiative and independent judgment within established procedural guidelines. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining cooperative working relationships with co-workers. • Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. Certificate of registration as an Environmental Health Specialist from the California State Department of Health, and additional specific technical certifications are preferred and may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment, and in internal and external environments throughout the City, with possibility of exposure to hazardous materials. Director of Environmental Control Vernon CA 2 of 2