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Resolution No. 2019-055RESOLUTION NO. 2019-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING TILAHUN (ABRAHAM) Y. ALEMU TO SERVE AS THE GENERAL MANAGER OF PUBLIC UTILITIES OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on October 10, 2019, the Human Resources Department initiated the recruitment process to fill the vacancy of the General Manager of Public Utilities; 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 November 26, 2019, the City Administrator conducted final interviews of the highest ranking candidates; and WHEREAS, by memorandum dated December 3, 2019, the City Administrator has recommended Tilahun (Abraham) Y. Alemu ("Alemu") to the City Council of the City of Vernon as the most qualified candidate and initiated the pursuit of the employment of Alemu as the General Manager of Public Utilities of the City of Vernon, subject to City Council's approval; and WHEREAS, the City Council of the City of Vernon desires to appoint Alemu to serve as the General Manager of Public Utilities, effective December 3, 2019. 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 Tilahun (Abraham) Y. Alemu to serve as the General Manager of Public Utilities of the City of Vernon, effective December 3, 2019. SECTION 9: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Alemu to serve as General Manager of Public Utilities 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 Alemu 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 Alemu. - 2 - SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3�d day of December, 2019. ATTEST: r Lisa M. Pope, City Clerk APPROD AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 3 - Name: 1(aliDaal . =ba==a Title: Mayor / ^ ;— a STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Lisa M. Pope, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2019-55, 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, December 3, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Q Executed this Ih day of December, 2019, at Vernon, California. (SEAL) - 4 - c Lisa M. Pop , City Clerk EXHIBIT A The City of Vernon offers a challenging opportunity to a highly knowledg�eable and experienced manager to lead the City of Vernon's Public Utilities (VPU) Department. If you are interested in this unique and rewarding opportunity, please apply online at www.cityofvernon.org no later than Sunday, November 10, 2019. THE COMMUNITY The City of Vernon is on industrial city of 5.2 square miles located about five miles 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 ORGANIZATION The five members of the Vernon City Council are elected at large, on a non partison 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 Nnyor is selected by the Council. The City's total budget for FY 2019-20 is a little over $329 million Ithe General Fund budget is approximately $59 million) with a little over 260 employees Vernon continues on the path towards creating greater accountability and transparency with the goal to create a model government_ THE PUBIIC UDIIIIES DEPARTMENT The City of Vernon Public Utilities Department serves as an essential resource to the citys residents and business community, providing dependable, high -quality utility services at very competitive rates. VPU provides water, electricity, natural gas and fiber optic services to Vernon based businesses and its residents, often at a cast savings compared to neighboring uhlity providers. The Cityawned water, electric, natural gas and fiber optic distribution systems have a strong, established history of reliability, capable of efficiently and successfully serving the needs of the City's unique community. The Vernon Public U`rities Department is made up of the Administration Natural Gas Compliance Resource Management/Planning Customer Service Operations Engineering Water Fiber Optics THE POSITION CERTIFIll AND LICENSE RE(iUREMENTS Under administrative direction, the General Manager provides A valid California Slate Driver's License is required. leadership and direction over the activities of the City's Public Utilities A valid State of California Grade II Vyater Distribution License Department, is desirable. The General Manager of Public Utilities plans, directs, and coordi- nates through subordinate staff, the Departments 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. The General Manager also determines the overall Departmental organizational stmcture, mission, core services and allocation of financial, human, and capital resources, develops and administers annual capital and operating budgets; and serves as a technical advisor to the City Administrator and the City Council regarding the City's public utilities. COMPENSATION The monthly salary range for this position is $19,945 - $24, 243- Salary placement within the established salary range depends upon qualifications. A comprehensive benefits package is also available. The City has a 4/10 work schedule. 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.ciyofvernon.org and apply online. A complete description of the duties and responsibilities of this position can be found on the City's websiie. The City of Vernon is on Equal Opportunity Employer. THE IDEAL CANDIDATE The ideal candidate is someone who has the ability to lead others in carrying out the mission, vision and goals of the City and the Public Utilities Department. He/She must possess the organizational and time management skills to manage multiple divisions and responsibilities. The ideal candidate should be on experienced leader with extensive knowledge in the electric field of Public Utilities. He/She must have excellent listening and communication skills to build professional and collaborative working relationships. He/She must be decisive and be able to clearly communicate their decisions and vision to others. REQUIRED TRAINING EDUCATION AND EXPERIENCE including five years of supervisory or management experience. (Supervisory/monagement experience in Public Utilities electric field is highly desirable.) REQUIRED APPLICATION MATERIALS INCLUDE A resume and comale = - Filing Deadline: Application materials must be submitted online no later than 11:59 p.m., Sunday, November 10, 2019. cs hove any questions, use contact Michael Earl, O� \I 'irxtor of Human Resources t 1323) 583-8811 ext.239 or via email at -,: 20r@CLvernOn.CQes �V� EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND TILAHUN Y.ALEMU This Agreement is between the City of Vernon ("City") and Tilahun Y. Alemu ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of General Manager of Public Utilities. Employee desires to be the General Manager of Public Utilities 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 December 3, 2019- 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 General Manager of Public Utilities to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terns 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 December 2019 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. 4y Ifn. c�*;(.7;tf-7PI=1 =1iJJ417IT, IA:YI 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 $23,088, per month, 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 and any additional amounts as specked in the City's Fringe Benefits and Salary Resolution. 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 al -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. -z. December 2019 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 full 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 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she 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. C _�f�i[Ti1F�r]F3_I]AYl-1 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 -3- De Ixpr 2019 benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Tilahun Y. Alemu [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. Assignment This Agreement is not assignable by either the City or Employee. 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- Decem 2019 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 December 3, 2019. [Signatures Begin on Next Page]. -5- Demmber2019 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: Carlos R. Fandino Jr., City Administrator ATTEST: Lisa M. Pope, City Clerk Approved as to form: Patel, City Attorney -6- Oecember2019 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 December M19 ATTACHMENT A Job Description -X- December 2019 111121120119 city & Vsmw - class Speafcation eullabn General Manager of Class Code: Public Utilities 8008 Bargaining Unit: Executive - At will CITY OF VERNON Established Date: Mar 1, 2014 Revision Date: Mar 1, 2017 SALARY RANGE $115.06 - $139.86 Hourly $19,943.73 - $24,242.40 Monthly $239,324.80 - $290,908.80 Annually SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's Public Utilities 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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's public utilities. • Plans, organizes, directs and reviews all water, electrical, gas, and fiber optics utility operations. • 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. hltps 118g•nry.9a'emmenycbs_wm m Wddau dm?actonape ulbEnbGassSpWD= I CN963dheadeftvtar0 113 11/26/2019 City of Vemw - Class specification Bulletin e Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. e Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of water, electric, gas, and fiber optics utility systems. Develops overall policies, financial resources, and facility plans for water, electric, gas, and fiber optics utilities in conjunction with key staff and consultants. e Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. a Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. e Coordinates with consultants and other agencies on regulatory and legislative matters affecting municipal water services, power resources, gas operations, and fiber optic utilities. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recommendations. e 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. i MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. KNOWLEDGE OF: Applicable regulatory codes and laws regarding the development, construction and operation of public utilities. e City organization, operations, policies, and procedures. e Customer service standards and protocols. e General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of water, gas, electric, and fiber optic utilities. Occupational hazards and standard safety procedures. Principles and practices for operating public electric, water, and gas utilities. Principles and practices of water resource management. Principles and practices of administrative management. Principles and practices of contract administration and project management. Principles and practices of effective employee supervision. Principles and practices of public finance. Principles and practices of regulatory management. nup.:nepsncy.ea+emm.ngme.ro,rvV.mmaaell.am7ecmnalzrb�xeunacl.usv�lo=lolla9eaal..a.,mow-o FT! 11/ta201g City of Ve,non - cless speakation Bulletin Principles and practices of strategic planning. Principles and practices of water resource management. SKILL IN: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff. • 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. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed In a standard office environment; may involve occasional exposure to high voltage switches and indement weather. hV9:lS9W%y.gonnnyobs.mnVvwrmWdeauk.cMYacdon�pxD lI &CAeuSpxID=1088983&tmadM/poW=0 313 SIGNATURE ROUTING FORM CONTRACTOR: Tilahun Y. Alemu CONTRACT PURPOSE: At -Will Employment Agreement for General Manager of Public Utilities CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES O MATERIALS WBUDGETED o NOT BUDGETED TOTAL CONTRACT VALUE: $277.060.00 (Yearly Salary) Charge Acct. No(s) 055.9200.501010 Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: SApproved by Council on 12/03/2019 (Check one and attach Resolution No. 2019-55 (if applicable) supporting documentation) ❑ Approved by City Administrator on ❑ Approved by Finance Director on (Please Follow In Order) Initials Date (1) Responsible Department Person 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 If to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing process is complete. (2) Lmbility and Claims yM� Approves insurance and sureties, if bonds required. d' V (3) Finance (Purchasing) Ordinances Z 4 \) Checks compliance with Competitive Bidding & Living Wage and reflected in current budget. (4) City Attorney q 11 17 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 Laserfrche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6r2a17 TRANSMITTAL COMMUNICATION of V er Zits non OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 5838811 January 2, 2020 Abraham Alemu, General Manager of Public Utilities City of Vernon — Public Utilities Department 4305 Santa Fe Avenue Vernon, CA 90058 Re: At -Will Employment Agreement — General Manager of Public Utilities Dear Mr. Alemu: Transmitted herewith is an original fully executed employment agreement, approved by City Council on December 3, 2019, through Resolution No. 2019-55. If you have any questions regarding this matter, please call Michael Earl at (323) 583-8811 ext. 239. Very truly yours, &R Records Management Assistant Enclosure c: Michael Earl Joaquin Leon Resolution No. 2019-55 Agreement File No. 19-152 ExdusiveC Indiatrid FULLY EXECUTED AGREEMENT AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND TILAHUN Y.ALEMU This Agreement is between the City of Vernon ("City) and Tilahun Y. Alemu ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of General Manager of Public Utilities. Employee desires to be the General Manager of Public Utilities 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 December 3, 2019. 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 General Manager of Public Utilities to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers December 2019 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. As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $23,088, per month, 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), d 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 Administrators 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 and any additional amounts as specified in the City's Fringe Benefits and Salary Resolution. 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. -z- De ber 2019 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, it 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 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he/she 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 -3- DBce r 2019 benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS-). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Tilahun Y. Alemu [Deliver to last updated address in personnel file] 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. 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- December 2019 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 December 3, 201 g. [Signatures Begin on Next Page]. -5- DewmE r 2019 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 Cal'rfomia7mun/icpalooDated �' ' By: andino Jr., C' dministrator ATTEST' ��-' Y LisaPope, City Clerk Approved as to form: Hema t I, City Attorney 6- December 2019 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: , A! Dated: Employee D9 be 2019 ATTACHMENT A Job Description g. December 2019 JOB DESCRIPTION General Manager of Public Utilities Date Prepared: March 2016 Class Code: 8010 Date Revised: March 2017 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's Public Utilities Department. ESSENTIAL FUNCTIONS: — Essential functions, as defined under the Americans with Disabilities Act, may include any or 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 am 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 rat 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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's public utilities. • Plans, organizes, directs and reviews all water, electrical, gas, and fiber optics utility operations. • 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. • Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. • Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of water, electric, gas, and fiber optics utility systems. • Develops overall policies, financial resources, and facility plans for water, electric, gas, and fiber optics utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. • Coordinates with consultants and other agencies on regulatory and legislative matters affecting municipal water services, power resources, gas operations, and fiber optic utilities. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter- agency issues; identifies opportunities for improvement, and develops recommendations. • 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. General Manager of Public Utilities Vernon CA 1 of 2 MINIMUM QUALIFICATIONS Education, Training and Experience Guidelines: Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Knowledge of: • Applicable regulatory codes and laws regarding the development, construction and operation of public utilities. • City organization, operations, policies, and procedures. • Customer service standards and protocols. • General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of water, gas, electric, and fiber optic utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, water, and gas utilities. • Principles and practices of water resource management. • Principles and practices of administrative management. • Principles and practices of contract administration and project management. • Principles and practices of effective employee supervision. • Principles and practices of public finance. • Principles and practices of regulatory management. • Principles and practices of strategic planning. • Principles and practices of water resource management. Skill In: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff. • 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. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Drivers License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment; may involve occasional exposure to high voltage switches and inclement weather. General Manager of Public utilities Vernon CA 2 of 2 STAFF REPORT AGENDA APPROVED 12/03/19 - DJ City Council Agenda Item Report Agenda Item No. COV-533-2019 Submitted by: Michael Earl Submitting Department: City Administration Meeting Date: December 3, 2019 SUBJECT Resolution Appointing Tilahun (Abraham) Alert to Serve as General Manager of Public Utilities and Approving and Author®tg the Execution of a Related At -Will ETMIDyment Agreement Recommendation: A. Find that approval of the proposed actions are exempt from California Environmental Quality Act (CEQA) review, because they are administrative activities that will not result in direct or idiect physical changes in the environment, and therefore do not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a resolution appointing Tilahun Alemu to Serve as Geneml Manager of Public Utilities for the City of Vernon effective December 3, 2019, and approving and authorizing the execution of a related at -will empbyment agreement Background: The General Manager position became vacant effective April 4, 2019 upon the resignation of the previous General Manager. Effective May 7, 2019, Tilahu n (Abraham) Alemu was appointed as Interim General Manager of Public Utilities in order to ensure that the Public Utilities Department was not without leadership and to maintain continuity and efficient operatioris until a recruitment for a permanent appoiamern could be conducted. The recruitment period to fad a permanent replacement began October 10, 2019 and ran through November 10, 2019 The City received forty-five applications and resumes. Of those applications received, twenty -sic met or exceeded the min in um qualikationa for the position. Followig an in depth review of the application materials submitted, nine candidates were determined to be the most highly qualified and were invited to participate in the interview process which was conducted on November 20, 2019. llaee final candidates were recommended by the external interview panel for final consideration. Final interviews with the three candidates were conducted on November 26, 2019. The City Administrator is recommending the appointment of Tilahun (Abraham) Alemu to serve as General Manager of Public Utilities for the C'ry of Verroa CANDIDATE BACKGROUND Prior to his appointment as Interim General Manager, Mr. Alemu served in a leadership and management role in the Public Utilities Departrucnn as the Integrated Resources Manager. Mr. Alert has over 26 years ofexperience in the Public Utilities Department at the City of Vernon and has served in several capacities during his professional career, progressing firm Electrical Engineering Assstan4 Assistant Power Engineer, Associate Engineer, Resource Engineer, Electric Resources Planning and Development Manager, and presently Integrated Resources Manager. As such, he is Familiar with the intricacies ofthe Cityrs infrastructure, internal staff and departmertal needs. In his role as Interim General Manager, Mr. Alemu has provided valuable leadership during this tmnsiional period in the department. Mr. Alert possesses a Bachelor's degree in Electrical Engieering, and is registered as a Professional Engineer in Electrical Engineering which add to his qualifications to serve as General Manager and his abrlt' y to effectively plan, AGENDA APPROVED 12/03/19 - DJ design, irynlement, and maintain solutions within the Public Utilities Department that directly nipact the residents and businesses of Vernon. Mr. Alemu cornpeted among a pool of very highly qualified applicants from other public utilities throughout California and nationally. Given Mr. Alemu's qualifications, education, work experience, training and familiarity with the Public Utilities Department's prograr s, services, policies and procedures, and projects, he s well sated to serve as the City's next General Manager of Public Utilities and his appointment is recommended by the C'ty Administrator. Mr. Alemu is to be appointed at step 4 ($23,088) of the established salary range for the General Manager of Public Utilities position as listed on the City's publicly available salary schedule and win receive benefits consistent with other executive management classifications as set forth in the Cty's Fringe Berefits and Salary Resolution. Salary placement at this step in the salary range is due to his salary as Integrated Resource Manager which includes base salary and longevity pay not available for executive positions. Fiscal Impact: There s no additional cost to fill this position due to the current vacancy in the Public Utilities Department. ATTACHMENTS . I. Resohtnn Appontne Tihhnm (Abraham) Alenu to Serve as Gereml Manager ofPubBc Utiftics