AGENDA
ITEM
8 OF CAL
AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
8 CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 1, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, Cily Manager@in Clan PREPARED BY: Denise Garcia, H.R./R.M. Manageuse barcia
SUBJECT: Approval of Employment Agreement Between the City of Calexico and Guillermo Sillas as Public Works Director/City Engineer of the City of Calexico for a Three-Year Term Beginning November 2, 2023 ==:
Recommendation:
Approve Employment Agreement between the City of Calexico and Guillermo Sillas as Public Works Director/City Engineer of the City of Calexico for a three-year term beginning November 2, 2023.
Background:
The City of Calexico has experienced a number of Capital Improvement Projects that have been delayed, including facility and infrastructure improvements, mostly due to a lack of engineering services. Funding for the outsourcing of engineering consultants is costly and an ineffective use of the City's financial resources while consultants regularly only focused on one project at a time.
Administration and Public Works staff recognized that continuing operations in this manner was not fiscally responsible or efficient. City Council provided direction to Administration to analyze the budget and overall organizational operations to determine if funding was available to hire a permanent full time Public Works Director qualified to also perform as the City Engineer. The elimination of the Housing and Economic Development department was determined to be the only available funding source and was approved by City Council in April of this year. With the 23/24 fiscal year, money was allocated to fill a permanent full-time Public Works Director/City Engineer position.
Discussion and Analysis:
A formal recruitment to fill the permanent full-time Public Works Director/City Engineer was initiated and Mr. Guillermo Sillas has been selected. Terms and conditions were discussed and negotiated. Salary and other terms and conditions of employment for the Public Works Director/City Engineer position are defined in the Employment Agreement.
Fiscal Impact:
None
Coordinated With:
Administration
Attachment(s):
1. Public Works Director/City Engineer Employment Agreement Exhibit A - Public Works Director/City Engineer Job Description 2 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
This AGREEMENT (hereinafter referred to as "Agreement") is made and entered into between JOSE G. SILLAS (hereinafter referred to as "Employee") and the CITY OF CALEXICO, CALIFORNIA hereinafter referred to as the "City" or "Employer") as of November 2, 2023.
WHEREAS, Employer agrees to hire Employee to render services as Director of Public Works and City Engineer; and
WHEREAS, The City Manager has the duty and responsibility under the Calexico Municipal Code Sections 2.02.100 and 2.02.110 to appoint, control, direct and remove subordinate officers and employees, WHEREAS, the parties agree that the Employee will serve at the will and pleasure of the City Manager per the terms of this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Employment and Term. The City hereby agrees to employ Employee, and Employee agrees and does accept at will employment upon the terms and conditions set forth herein. The effective date of employment shall be November 2, 2023. The term of this Agreement shall be for three (3) years, unless sooner terminated or extended by the parties as set forth in this Agreement ("Initial Term"). In the event that the City Manager determines that the Employee is not to be reemployed upon expiration of the Initial Term, he shall be given written notice thereof by the City at least two (2) months in advance of the expiration of the Initial Term. Should the City fail to give notice at least two (2) months prior to the expiration of the Initial Term, the Agreement shall automatically be extended on the same terms and conditions for additional successive periods of one (1) year ("Succeeding Term"), unless and until the City Manager provides written notice to Employee two (2) months prior to the expiration of any Succeeding Term
2. Duties and Obligations of Employee.
A. Employee will be appointed at will for City as Director of Public Works/City Engineer (hereinafter referred to as "Position"). As of the date of this Agreement, the parties formalize the employment agreement and Employee's job responsibilities as set forth in the relevant job description, attached as Exhibit "A." Employee hereby agrees to perform the functions and duties of the Position as set forth in the applicable job description, the City's Resolutions, Rules, Regulations and Policies as they may be changed by the City from time to time, and to perform such other duties and functions as the City and specifically the City's City Manager may assign. It is expressly understood that the terms of this Agreement, including but not limited to those governing termination of employment, supersede any rights conferred by City Resolution, Rules, Regulations or Policies where in contradiction.
Employee will focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of the City, except that:
(1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent.
(2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs off-duty subject to City Manager consent if those activities do not materially interfere with the services required under this Agreement.
C. All data, studies, reports, and other documents prepared by Employee while performing his duties pursuant to this Agreement shall be furnished to and become the property of the City, without 1 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
restriction or limitation on their use.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee unless disclosed within the scope of his duties. Such materials shall not, without the prior written consent of the City, be used by Employee for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
3. Salary and Benefits,
Salary. Employee shall be compensated at the range of G-69, Step 3, with a monthly salary of Nine Thousand Five Hundred Forty-One Dollars and Zero Cents ($9,541.00), which shall be payable in installments at the same time as other employees of the City are paid, pursuant to the procedures regularly established, and as they may be amended by the City. The Employee will also be eligible for annual Cost of Living Adjustment ("COLA") and annual "step" merit increases to salary based on performance reviews at the discretion of the City Manager, as provided to all other City employees.
B. Vacation. Employee shall accrue Twelve (12) days of vacation for each year of service as per the City Personnel Rules and Regulations 6.02 Annual Vacation Accrual. The City may, in its discretion, allow Employee a weekly prorated accrual per week in order to total a twelve (12) day accrual by year end. Such vacation may be carried over, if not used, and may accumulate to a cap of Two-year balance. Once the accrual cap is reached, the Employee will not accrue additional vacation hours until such time as he reduces his accrued hours below the cap. Proposed Employee vacation dates must be approved by the City Manager to best suit City needs.
Holidays. Employee shall receive the same paid holidays as classified employees.
Sick leave. Employee shall accrue 3.69 hours of sick leave per pay period. Accrued but unused sick leave will not be paid out upon Employee's separation from employment with the City for any reason. The number of sick leave hours that Employee may have accrued at a given time may not exceed 240 hours.
E. Executive leave. Upon execution of this Agreement and each year thereafter, Employee will be allotted sixty-four (64) hours away from the office, to be scheduled and used throughout the year to complete administrative tasks and duties without undue office interference. These hours off do not accrue, are not subject to carryover, are not subject to any cash-out option, and will not be paid out upon termination of employment.
Professional development. The City shall budget and pay for approved professional dues and association memberships necessary for continued participation in approved organizations necessary for Employee's continued professional growth and advancement. The City shall also pay for travel and subsistence expenses (as set out by applicable City policy) for approved professional or official travel, meetings, training, seminars, or similar functions.
Other benefits pursuant to City policy. In addition, Employee shall be provided all those benefits for which Employee is eligible pursuant to policies and procedures of City Management Personnel as may be amended by the City from time to time, including but not limited to term life insurance and Social Security. Employee shall be required to pay the employee share of Social Security. Employee shall also be required to pay 20% of medical, dental and prescription and optical benefits insurance costs.
Employee shall be subject to PEPRA and will pay employee share of retirement contribution.
4. At-Will Employment Status, Termination of Agreement and Severance Pay.
Nature of Employment. The parties hereby expressly agree that the employment relationship created by the Agreement is "at will" and that Employee serves at the will and pleasure of the City. Nothing in this Agreement, any Resolution, Statute, Ordinance, Rule or Policy shall prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee at any time without 2 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
cause or right of notice, Skelly conference, hearing, appeal, or grievance. Accordingly, Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of his employment and that he hereby waives any rights he would otherwise have thereunder.
By the Employee. The Employee may terminate this Agreement upon written notice to the City Manager and shall endeavor to give thirty (30) days prior notice. The City shall have the option, in its complete discretion, to terminate the Employee any time prior to the end of such notice period, provided the City pays the Employee all compensation due and owing through the last day actually worked, plus an amount equal to the base salary the Employee would have earned through the remainder of the notice period. Thereafter, all the City's obligations under this Agreement shall cease.
C. By the City, Without Cause. At any time, and without prior notice, the City may terminate the Employee's employment for any reason, with or without cause. In the event the City exercises its right under this provision to terminate employment without cause, the City shall pay Employee all compensation due and owing through the last day actually worked, plus twelve weeks of the Employee's salary as of the time of the termination or pursuant to the requirements of Government Code § 53260, an amount equivalent to the remainder of the term of this Agreement, whichever is less. The payment of such severance benefit shall be conditioned upon Employee executing a general release agreement containing a general release of all claims Employee may have against the City at the time of any such termination, in such form as may be Employee executes such a general release and until expiration of all waiver and rescission rights as provided by law at the time of such termination. Failure by the Employee to satisfy his termination obligations pursuant to Section 4(E) shall nullify the City's obligation to provide severance payment pursuant to this Section. If Employee is convicted of a crime involving an abuse of his office or position, whether before or after release from employment, Employee shall fully reimburse the City for any severance pay, paid leave salary disbursed pending an investigation, or legal criminal defense funds By the City, For Cause. At any time, and without prior notice, the City may terminate Employee for Cause (as defined below). The City shall pay Employee all compensation then due and owing; thereatter, all of the City's obligations under this Agreement shall cease. Termination shall be for "cause" if Employee: (1) acts in bad faith and to the detriment of the City: (2) refuses or fails to act in accordance with any specific legal direction or order of the City; (3) exhibits in regard to his employment unfitness or unavailability for service, unsatisfactory performance, misconduct, dishonesty, habitual neglect, or incompetence; (4) is convicted of a crime involving dishonesty, breach of trust, or physical or emotional harm to any person; or (5) breaches any material term of this Agreement. Any dispute between the City Manager and Employee regarding whether the Employee's conduct constitutes cause for termination shall be resolved conclusively by the City Council, in its discretion, without right of appeal.
Termination Obligations. Employee agrees that all property, including, without limitation, all equipment, tangible proprietary information, documents, records, notes, contracts, and computer- generated materials furnished to or prepared by Employee incident to his employment belongs to the City and shall be returned promptly to the City upon termination of Employee's employment. Further, any and all debts to the City shall be paid upon termination. Employee's obligations under this subsection shall survive the termination of his employment.
5. Amendments. This Agreement may not be amended or modified except by a writing signed by both parties.
6. Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of 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 times.
7. Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall 3 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
be assigned or transferred by him without the prior written consent of the City. Any attempt at assignment or transfer in violation of this provision shall, at the option of the City, be null and void and may be considered a material breach of this Agreement.
8. Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
9. Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be appropriate in the Superior Court of Imperial County, California.
11. Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. Furthermore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
12. Conflict of Interest. The Employee agrees that he will abide with all applicable local State and Federal rules on conflicts of interest and receipt of gifts, including without limitation those rules found in the California Fair Political Practices Act and related regulations and those found in Government Code Sections 1090, et seq.
13. Entire Agreement. Each party agrees and acknowledges that this Agreement, together with its exhibits, shall constitute the entire understanding and final written integrated expression of all of the agreements between the City and Employee and that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either party.
14. Notices. All notices and other communication required, or permitted to be given under this Agreement.
City:
City of Calexico
608 Heber Avenue
Calexico, CA 92231
Attn: City Manager
Employee:
Jose G. Sillas
4 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
15. Acknowledgment. Employee acknowledges that he has had the opportunity to consult legal counsel in refact, to thisal ease trad hetas red and desadiy is base on his ave idlent and not on any representations or promises other than those contained in this Agreement.
IN WITNESS WHEREOF, the CITY OF CALEXICO has caused this Agreement to be signed and duly executed by its City Manager, and the Employee has signed and executed this Agreement as of the day and year first above written.
CITY OF CALEXICO
By: -
ESPERANZA WARREN
CITY MANAGER
EMPLOYEE:
By: _
JOSE G. SILLAS
EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
EXHIBIT "A"
JOB DESCRIPTION
CLASS TITLE: PUBLIC WORKS DIRECTOR/CITY ENGINEER
MONTHLY: G-69, $9,541 - $11,597
BASIC FUNCTION:
Under the direction of the City Manager, plan, organize, direct and control the activities of the Public Works Department; direct maintenance and operations of Calexico's public facilities and buildings including water treatment and distribution systems, wastewater treatment and collection systems, Capital Improvement Plan design and construction, streets, parkways & parks maintenance and repairs, traffic engineering, sanitation, storm drains & detention basins, vehicle/fleet support & maintenance, transit services and support, municipal airport and City shop; supervise and evaluate the performance of assigned staff.
REPRESENTATIVE DUTIES:
ESSENTIAL DUTIES:
Assume full management responsibilities for all Public Works Department services and activities to Calexico's public facilities and buildings including water treatment and distribution systems, wastewater treatment and collection systems, Capital Improvement Plan design and construction, streets & parks maintenance and repairs, traffic engineering, sanitation, storm drains & detention basin, fleet support & maintenance, transit services and support, municipal airport and City shop.
Plan, organize, direct, and control the programs, projects, services, and operations of the Public Works department to optimize departmental efficiency and effectiveness; monitor the activities and operations of the Engineering Department.
Train and evaluate the performance of assigned staff; interview and select employees and recommend transfers, reassignment, termination, and disciplinary actions.
Provide overall direction and technical expertise, information, and assistance to department staff, contractors, and City management regarding assigned areas.
Assure the Public Works Department and project teams have appropriate and sufficient tools, equipment, and materials to conduct and complete projects.
Prepare and write grants for a variety of long and short-term public works maintenance and construction projects, including water treatment plan, water distribution system/sewage collection, airport, streets, economic development agency and others as assigned.
Supervise project developments; review projects and engineering construction plans; modify projects and priorities as needed to respond to changes in departmental demands; coordinate and schedule assignments.
6 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
Direct the preparation and maintenance of a variety of narrative and statistical reports, records, and files related to department activities and issues; review regulatory agency reports and respond as needed.
Develop and prepare the annual preliminary budget for various divisions within the Public Works Department; analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations.
Develop, prepare, and administer/implement the annual Capital Improvement Plan (CIP) in compliance with established engineering practices.
Represent the Department at meetings with other departments, cities, and agencies; develop and deliver oral and written reports, recommendations, and other presentations to the City Council, citizen groups, committees, and agencies; attend various conferences.
Communicate with City administrators, contractors, State and federal agencies and citizens to coordinate department activities and programs, to resolve issues and conflicts, and to exchange information.
Operate a variety of standard office equipment including a personal computer; drive a vehicle to various locations to conduct work.
OTHER DUTIES:
Perform related duties as assigned.
KNOWLEDGE AND ABILITIES:
KNOWLEDGE OF:
Engineering and design principles and standards.
Planning, organization, and direction of the Public Works department.
Budget development and control.
Grant application and grant writing techniques.
Principles and practices of administration, supervision, and training.
Policies and objectives of the department's programs and activities.
Applicable laws, codes, regulations, policies, and procedures related to department activities, services, and projects.
Technical record-keeping techniques and requirements.
Interpersonal skills using tact, patience, and courtesy.
Oral and written communication skills.
Correct English usage, grammar, spelling, punctuation, and vocabulary.
Operation of a computer and assigned software.
ABILITY TO:
Plan, organize, direct, and control the programs, projects, services, and operations of the Department.
Train, supervise and evaluate the performance of assigned personnel. 7 EMPLOYMENT AGREEMENT WITH
THE CITY OF CALEXICO, CALIFORNIA
Prioritize and schedule work.
Inspect projects in progress and upon completion to assure compliance with specification, timelines, and safety standards.
Develop, monitor, and control the Department's annual plan and budget.
Develop, monitor, and control the City's CIP.
Interpret, apply, explain, and enforce rules, regulations, policies, and procedures.
Maintain current knowledge of program rules, regulations, requirements, and restrictions.
Analyze situations accurately and adopt an effective course of action.
Direct and participate in the preparation maintenance of a variety of comprehensive, narrative, statistical, and financial reports, and files.
Meet schedules and timelines.
Prepare and deliver oral presentations.
Establish and maintain effective working relationships with others.
Work independently with little direction.
EDUCATION AND EXPERIENCE:
Any combination of experience and training that would likely provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be:
1. Training: Bachelor's degree from an accredited college or university with major course work in civil engineering, public administration, business administration, or closely related field;
2. Experience: Five years of increasingly responsible experience in public works management, engineering, and project management, including two years in a supervisory capacity;
3. Licenses or Certificates: Possession of valid California Professional Engineer License (P.E) and valid California Driver's License is required; State certifications for water/wastewater treatment plant operations, maintenance and distribution are desirable.
WORKING CONDITIONS:
ENVIRONMENT:
Indoor and outdoor work environment.
Driving a vehicle to conduct work.
PHYSICAL DEMANDS:
Sitting or standing for extended periods of time.
Dexterity of hands and fingers to operate a computer keyboard Seeing to inspect work and read a variety of materials.
Hearing and speaking to exchange information and make presentations. 8