7 Resolution Approving an Employment Agreement for the Position of Public Works Director between the City of Livingston and Anthony Chavarria. Swearing-in of New Public Works Director by Mayor Jim Soria Will Follow.

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Meeting Date: August 15, 2017

STAFF REPORT

AGENDA ITEM: A Resolution Approving an Employment Agreement for the Positon of Public Works Director between the City of Livingston and Anthony Chavarria

MEETING DATE: August 15, 2017

PREPARED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

It is recommended that the City Council consider:

Adopting Resolution 2017 – , Approving an Employment Agreement for the Positon of

Public Works Director between the City of Livingston and Anthony Chavarria.

BACKGROUND:

The City of Livingston (“City”) has been without a Public Works Director for several years. The City has used the services of contract Public Works Directors, however, has not made a permanent hire. During this time, the City Manager has been helping fill the vacancy throughout along with contract help. Given the current workload of the City Manager, it is necessary to provide a permanent department head in the Public Works Department

The City Manager engaged in a recruitment for the position of Public Works Director. The City Manager reached out to Anthony Chavarria to see if he was interested in the position. Mr. Chavarria has accepted the City Manager’s offer, contingent on City Council approval. Mr. Chavarria comes to the City with a lot of experience in water and sewer operations as well as public works. He is currently a Water/Sewer Supervisor at another jurisdiction and has the skills necessary to assist the City as Public Works Director.

DISCUSSION:

The Agreement attached to the Resolution contains the proposed terms of employment between the City and Mr. Chavarria. The draft agreement reflects the negotiations between the City Manager and Mr. Chavarria.

The attached Agreement for Employment of the City Manager includes the following terms:

• Term of Agreement will be for three (3) years;

• Public Works Director will be an at-will employee;

• Public Works Director will be paid an annual base salary of $95,184;

• Severance in the amount of two (2) months base salary if the City Manager terminates Mr. Chavarria without cause;

• Mr. Chavarria will be treated as a “Classic Member,” and shall be eligible for California Public Employees’ Retirement System (“CalPERS”) retirement benefits upon the same terms as those benefits provided for City employees covered by the Local Miscellaneous Members Group classification for purposes of CalPERS (non-sworn employees).

The City currently pays the employee’s seven percent (7%) share of the CalPERS benefits for employees covered by the Local Miscellaneous Group classification;

• Most of the other benefits will be the same as other non-safety department heads.

Pursuant to Livingston Municipal Code section 1-6-5(8), the City Manager is authorized to make the appointment of Mr. Chavarria as Public Works Director and sign the Employment Agreement on behalf of the City. The City Council will be approving the salary and employment terms under the Employment Agreement.

CONCLUSION:

The attached Resolution will approve an Employment Agreement for Public Works Director between the City of Livingston and Anthony Chavarria and set terms of employment, salary and benefits.

ATTACHMENT:

1. Resolution

2. Employment Agreement

2846499.1

RESOLUTION NO. 2017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AN EMPLOYMENT AGREEMENT FOR THE POSITION

OF PUBLIC WORKS DIRECTOR BETWEEN THE CITY OF LIVINGSTON AND ANTHONY CHAVARRIA

WHEREAS, the City of Livingston (“City”) has been without a Public Works Director for several years. The City has used the services of contract Public Works Directors, however, has not made a permanent hire; and

WHEREAS, the City Manager has been helping fill the vacancy throughout the years along with contract help; and

WHEREAS, given the current workload of the City Manager, it is necessary to provide a permanent department head in the Public Works Department; and

WHEREAS, the City Manager engaged in a recruitment for the position of Public Works Director. The City Manager reached out to Anthony Chavarria to see if he was interested in the position. Mr. Chavarria has accepted the City Manager’s offer, contingent on City Council approval; and

WHEREAS, Mr. Chavarria is currently a Water/Sewer Supervisor at another jurisdiction and has the skills necessary to assist the City as Public Works Director; and

WHEREAS, the attached Employment Agreement sets the terms of employment for Mr. Chavarria; and

WHEREAS, the Employment Agreements sets compensation at an annual base salary of Ninety-Five Thousand One Hundred Eighty-Four Dollars ($95,184), which is currently Step C under the Public Works Director Salary Schedule; and

WHEREAS, employing Mr. Chavarria will assist the City in continuing to move forward with needed public works projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby approves the Agreement for Employment of Public Works Director between the City and Anthony Chavarria, attached hereto as Exhibit A and incorporated herein by reference. Pursuant to Livingston Municipal Code section 1-6-5(8) and this Resolution, the City Manager is authorized to sign the Employment Agreement on behalf of the City.

Passed and adopted this day of , 2017, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this of 2017.

day

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2846496.1

Betty Cota, Deputy City Clerk of the City of Livingston

CITY OF LIVINGSTON

AGREEMENT FOR EMPLOYMENT OF PUBLIC WORKS DIRECTOR

This Employment Agreement (“Agreement”) is made and entered into this day of

2017, by and between the City of Livingston (“City”), a general law city, and Anthony

Chavarria (“Public Works Director” or “Chavarria”), collectively referred to as “Parties.”

RECITALS

WHEREAS, the City desires to employ, as an “at-will” employee, the services of Chavarria as Public Works Director for the City; and

WHEREAS, the City Manager has the authority to negotiate the terms of an employment agreement with Chavarria for his services as Public Works Director; and

WHEREAS, Chavarria and the City now desire to agree, in writing, to the terms and conditions of employment as Public Works Director.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree to the following terms:

TERMS

1. Employment Status

The City Council has delegated the authority to appoint officers and employees of the City to the City Manager. The City Manager hereby appoints Chavarria to the position of Public Works Director for the City. Chavarria hereby accepts such appointments under the terms and conditions of this Agreement and acknowledges that he is an at will employee of the City.

2. Term of Agreement

This Agreement shall be in full force and effect for a period of three (3) years, starting

, 2017 and terminating , 2020, unless extended or terminated as provided herein. The parties to this Agreement may terminate this Agreement pursuant to the provisions of Section 8 of this Agreement.

3. At-Will Employment

Chavarria is an “at-will” employee who shall serve at the pleasure of the City Manager. Accordingly, the City Manager may terminate Chavarria’s employment under this Agreement at any time, with or without cause. This provision may not be altered except by a written instrument executed by Chavarria, and formally approved by the City Council, which specifically references this Agreement.

4. Duties and Responsibilities

The City hereby agrees to employ Chavarria to the position of Public Works Director for the City, subject to the terms and conditions set forth herein; Chavarria hereby accepts such terms and conditions. As Public Works Director, Chavarria shall be responsible for the performance of the duties described in Exhibit A.

Chavarria agrees to devote his full productive time, ability, and attention to the City’s business during the term of this Agreement. Chavarria shall not hold secondary employment, and shall be employed exclusively by the City. However, the City shall permit Chavarria to actively participate in community affairs and volunteer reasonable time, energy, and expertise to charitable, non-profit, public service, religious, and/or community area organizations. Chavarria shall keep the City Manager advised of such activities, and such activities shall not be in conflict, or appear in conflict with Chavarria’s responsibilities as Public Works Director.

5. Hours of Work

Due to the nature of the employment of the Public Works Director, unless on holiday, sick, or other approved leave, Chavarria is required to work a full and complete work week of at least forty (40) hours per week, and devote whatever time is necessary to fulfill his employment responsibilities and duties, with no additional consideration or payment for hours worked beyond forty (40) hours a week.

6. Performance Evaluations

The City Manager shall review and evaluate the performance of Chavarria at least annually, or on any other schedule deemed appropriate by the City Manager.

7. Compensation and Benefits

a. Chavarria shall be paid an annual base salary of Ninety-Five Thousand One Hundred Eighty-Four Dollars ($95,184), which is currently Step C under the Public Works Director Salary Schedule, less all applicable Federal, State and local withholding.

b. Chavarria’s salary will be reviewed approximately on or by the effective date of this Agreement each year in conjunction with an annual performance evaluation. Chavarria will be subject to the City’s personnel rules regarding salary and step increases, which may be modified from time to time by the City Council.

c. In addition to the compensation provided in Section 7(a) above, the City agrees to provide the following to Chavarria in consideration for the services provided pursuant to this Agreement:

i. CalPERS Contribution: Chavarria will be treated as a “Classic Member,” and shall be eligible for California Public Employees’ Retirement System (“CalPERS”) retirement benefits upon the same terms as those benefits provided for City employees covered by the Local Miscellaneous Members Group classification for purposes of CalPERS (non-sworn employees). The City currently pays the employee a seven percent (7%) share of the CalPERS benefits for employees covered by the Local Miscellaneous Group classification.

ii. Health Benefits: Chavarria shall receive the same medical, dental and vision insurance, and in lieu options afforded to all non-safety department heads. In case there is a difference between benefits received by non-safety department heads, Chavarria will receive the higher benefit.

iii. Vacation Leave: Chavarria shall be credited with Twenty (20) hours of vacation leave at the time he commences employment. Thereafter, Chavarria shall accrue vacation leave in accordance with the accrual schedules and City rules and regulations applicable to department heads.

iv. Administrative Leave: Chavarria shall accrue administrative leave at the same rate and in the same manner as all non-safety department heads. If there are differences in benefits received by non-safety department heads, Chavarria shall receive the higher benefit afforded to other non-safety department heads.

v. Social Security and Medicare: The City does not make employer or employee retirement contributions to Social Security. Chavarria shall be responsible for paying the employee’s portion of Medicare taxes.

vi. Other Benefits: It is the intent of this Agreement that Chavarria receive the same basic benefits afforded all department heads except as modified herein. Such other benefits as would normally accrue to members of this group shall be received by Chavarria as well, whether set forth herein or not. Chavarria understands and agrees that the City makes no assurances regarding the taxability of benefits, as such issues are subject to the Internal Revenue Code and related laws.

8. Termination of Employment and Severance

a. Chavarria may terminate this Agreement and his employment with the City with or without cause, by giving the City sixty (60) days written notice in advance of termination. During the notice period, all the rights and obligations of the Parties under this Agreement shall remain in full force and effect. The City shall not be obligated to make any severance payment pursuant to Section 8(c) and 8(d) of this Agreement, if Chavarria terminates this Agreement or resigns from his position as Public Works Director

b. The City Manager may terminate this Agreement and Chavarria’s employment with the City with or without cause at any time. For purposes of this Agreement, the phrases “with cause” and “without cause” refer only to Chavarria’s potential entitlement to severance, and do not grant Chavarria any property interest in his employment or alter the at­ will nature of his employment in any way.

c. In the event City terminates Chavarria’s employment without cause, Chavarria shall be entitled to severance pay of a lump sum payment equal to two (2) months base salary. This severance is subject to the restrictions set forth in Government Code section 53260, that the maximum amount of severance pay that Chavarria may receive shall not exceed an amount equal to the monthly base salary of the Public Works Director multiplied by the number of months left on the unexpired term of this Agreement. At no time shall the City be responsible for paying more than two (2) months base salary for severance under this Agreement.

d. Severance pay under Section 8(c) of this Agreement shall be conditioned upon Chavarria signing a waiver and release agreement, forever releasing and waiving any and all claims in a form acceptable to the City. Chavarria shall receive the severance payment under Section 8(c) in a lump sum payment, minus all applicable deductions, fifteen (15) business days after execution of the waiver and release agreement. Chavarria shall not receive any severance under this Agreement if such a waiver and release agreement is not executed by the Parties. Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Chavarria from the City shall be fully reimbursed to the City if Chavarria is convicted of a crime involving an abuse of his office or position while employed by the City.

e. Chavarria shall receive payment for all accrued unused vacation leave at the time of his separation from employment.

f. If Chavarria is terminated “for cause,” the City shall not owe any severance under this Agreement. Termination “for cause” may be for the following:

i. Violation of administrative policies and procedures;

ii. Failure to properly perform assigned duties by the City Manager;

iii. Theft of City property;

iv. Insubordination;

v. Conviction of a felony or misdemeanor relating to Chavarria’s fitness to perform assigned duties;

vi. Unauthorized absence from employment;

vii. Failure to maintain satisfactory working relationships with other employees or the public;

viii. Improper use of City funds;

ix. Unauthorized use of City property;

x. Willful misconduct or malfeasance;

xi. Any act of moral turpitude;

xii. Other failure of good behavior, either during or outside of employment, such that Chavarria’s conduct causes discredit to the City;

xiii. Upon the death of Chavarria; and

xiv. Permanent disability of Chavarria, or Chavarria becoming otherwise unable to perform the duties of Public Works Director, by reason of sickness, accident, illness, injury, mental incapacity or health for a period of six (6) weeks following the exhaustion of all available leave balances and any applicable Family Medical Leave Act or California Medical Leave Act leaves, or where the same occurs for forty (40) working days over a sixty (60) working day period following exhaustion of such leaves.

9. Indemnification

The City shall defend, hold harmless and indemnify Chavarria against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of an alleged act of omission occurring in the performance of Chavarria’s duties in accordance with the provisions of California Government Code section 825. The City shall provide a defense in accordance with Government Code section 995. The City may decline to defend and/or indemnify Chavarria only as permitted by the California Government Code. The City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment therefrom. In the event the City provides funds for legal criminal defense pursuant to this Section, Chavarria shall reimburse City for such legal criminal defense funds if Chavarria is convicted of a crime involving an abuse of office or position, as provided by California Government Code sections 53243-53243.4.

10. Notices

Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, and addressed as follows:

City Manager City of Livingston 1416 C Street

Livingston, CA 95334 Chavarria:

Anthony Chavarria Public Works Director 834 Rabe Street Firebaugh, Ca 93622J

Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of

the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

11. Bonding

The City shall bear the full cost of any fidelity or other bond required for the Public Works Director position under any law or ordinance.

12. Professional Development

The City agrees to pay the professional dues, subscriptions, travel and other business expenses of Chavarria reasonably necessary for his continued and full participation in national, regional and local associations, professional organizations, government groups and committees thereof for the good of the City and desirable for continued professional growth and advancement, subject to the approval of the City Manager.

13. Miscellaneous

The text herein shall constitute the entire Agreement between the Parties. This Agreement supersedes any and all other agreements, between the Parties with respect to Chavarria’s employment as Public Works Director. This Agreement may not be modified, except by written agreement executed by both Parties and approved by the City Council.

If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

This Agreement shall be governed by the laws of the State of California.

The Parties agree that any ambiguity in this Agreement shall not be construed or interpreted against or in favor of either party.

This Agreement may be executed in counterparts containing original signatures.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written below.

CHAVARRIA:

DATED: ——

CITY:

DATED: _

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Anthony Chavarria, Public Works Director

 
 

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Jose Antonio Ram[rez, CITY MANAGER

ATTEST:

 
 

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Antonio Silva, CITY CLERK

APPROVED AS TO FORM:

 
 

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Jose M. Sanchez, CITY ATTORNEY

 

CITY OF LIVI NGSTON DIRECTOR OF PUBLIC WORKS

DEFINITION:

Under the direction of the City Manager, to plan, organize, direct and coordinate the activities of the maintenance and operations areas of the Public Works Department; to supervise through subordinates, the maintenance crews engaged in maintenance, construction and repair work on City sewer, water and drainage systems, streets, sidewalks, alleys, parks, and related facilities; and to do related work as required.

EXAMPLES OF DUTIES:

Supervises and assists subordinate supervisors in the planning, scheduling and supervision of maintenance and operations activities.

Administers the maintenance, construction, repair and cleaning of City parks, streets, sidewalks, parking lots, water and sewer systems, street signs and traffic control lanes and signs.Inspects or directs the inspection of projects in progress or upon completion. Assigns and reassigns maintenance crews as work load requires.

Makes recommendations on employee performance, promotions and selections.

Consults with the City Manager in planning major work loads, methods and assignments.

Prepares and submits requests and recommendations on purchase of equipment and materials.

Interprets City regulations, codes and applicable laws and provides technical assistance to staff and commissions.

Develops the Public Works Department budget and makes presentations justifying expenditure levels; monitors on-going budget expenditures and initiates transfers, as needed.

Represents the City and Public Works Department in meetings with public officials, other public agencies and civic groups in order to coordinate, develop and implement projects and programs.

Reviews department operations and develops and implements organizational changes to maintain service·goals and objectives; evaluates needs and develops plans for long range maintenance and upkeep of City Public Works facilities.

Directs the storage, care and maintenance of tools, equipment, materials and supplies.

Directs and assists in the training of maintenance personnel; maintains records of work performed and prepares reports on Division activities.

Receives and responds to inquires and complaints from the public on public works activities. Responds to questions and provides information regarding assigned areas of responsibility. Ensures that utilities systems and facilities meet State and EPA requirements.

Maintains discipline and enforces safety regulations.

ESSENTIAL DUTIES AND RESPONSIBILITES:

Knowledge of:

Methods, materials, equipment and techniques used in all types of public works maintenance, construction and repair activities.

Methods, materials, equipment and techniques used in municipal water, sewer, and drainage system maintenance, construction and repair work.

Federal, State and Local Laws, rules, regulations, and policies affecting public works operations and services.

Contract and grant development and administration.

Principles of management, supervision, training, and employee evaluations. Supervisory and training methods and techniques.

Safe work practices.

Ability to:

Direct and inspect the technical details of all phases of public works maintenance, construction and repair work.

Prepares estimates of time, material and equipment needed to perform work projects. Maintain records and prepare oral and written reports.

Read and interpret plans and specifications.

Supervise and direct the establishment of employee training and work safety programs. Establish and maintain cooperative relationships with those contacted in the course of work. EXPERIENCE AND EDUCATION:

Experience:

Five years of increasingly responsible experience which involved full range of municipal public works construction, maintenance, and repair work, including at least three (3) years in a supervisory lead worker capacity.

Education:

Graduation from college with a BA degree in public administration, engineering, or related field preferred. (Experience can be substituted at two years experience for one year of college). High school graduation required. Five (5) years of increasingly responsible professional Public Works experience with at least three (3) years in a Public Works management or supervisory capacity.

Special Requirements:

Possession of an appropriate California driver’s license issued by the State Department of Motor Vehicles.

Possession of a Grade T2 Water Treatment certificate and D3 Water Distribution Operators license is required. Possession of a Grade IV (D4) Water Distribution Certificate is highly desirable. Grade III Wastewater Treatment Plant Operator certificate issued by the State of California is required.

PHYSICAL DEMANDS

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments, construction sites, or public works facilities. Hand-eye coordination is necessary to operate computers and various pieces of office equipment.

While performing the duties of this job, the employee is occasionally required to stand, walk, use hands to fmger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee is occasionally required to sit, climb or balance, stoop, kneel, crouch or crawl, talk or hear, and smell.

The employee must occasionally lift and/or move up to 40 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

WORK ENVIRONMENT

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee occasionally works near moving mechanical parts and is occasionally exposed to wet and/or humid conditions and vibration. The employee occasionally works in high, precarious places and is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electric shock.

The noise level in the work environment is usually quiet to moderate.

APPROVED: DATE: May 22. 2012

S1′. Administrative Analyst/Confidential

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