Livingston City Council
February 7, 2023

•
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LIVINGSTON APPROVING THE JOB DESCRIPTION AND 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 since September of 2021. The City has used the services of internal staff as well as contract services; 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, Mr. Chavarria has expressed interest in returning as the Public Works Director and per the Management and Confidential MOU Section 11.7 he is eligible for reinstatement Mr. Chavarria has accepted the City Manager's offer, contingent on City Council approval; 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 One Hundred Twenty-Four Thousand Five Hundred Eighty-Nine Dollars ($124.589), which is currently Step E under the Public Works Director Salary Schedule; and WHEREAS, it is recommended to convert the position of Director of Public Services :o the Public Works Director position and approve the revised the job description attached hereto as Exhibit A for the Director of Public Works; 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 betwee-i the City and Anthony Chavarria, attached hereto as Exhibit 8 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 7th day of February, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
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 7th day of February, 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston
EXHIBIT "A" Job Description
Title: Director of Public Works FLSA Status: Exempt Created:

Supervisor: City Manager Supervises: All Public Works Revised: 01/17/2023 Employees
' Job Family: Public Works Bargaining Unit: Contract Approved:

JOB SUMMARY:

Under the direction of the City Manager, to serve as the principal administrative officer for the Public Works Department and activities including Water/Wastewater and Utilities and Maintenance operations; lead in the project management, to include planning, coordinating, tracking and following up on projects, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems, treatments, distribution and equipment; coordinate and direct Public Works communications, projects, personnel and information to meet City needs; ensure smooth and efficient Department activities; supervise and evaluate the performance of assigned personnel. Also, to perform other duties as required which will include working with Planning, Engineering and Building on projects and related activities as needed.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Plan, organize, control and direct Public Works operations and activities including the Water/Wastewater and Utilities and Maintenance operations; serve as the project manager to include planning, coordinating, tracking and following up on projects and oversee the construction, installation, maintenance and repair of streets, sidewalks, buildings and in the treatment and distribution of water, sewer and wastewater systems and equipment; establish and maintain related time lines and priorities; ensure related activities comply with established laws, codes, regulations, ordinances, policies and procedures.
• Coordinate and direct resources, personnel and information to meet City needs and ensure smooth and efficient Department activities; oversee the development and implementation of Department programs, projects, functions, services, goals, objectives, systems and activities; ensure proper and timely resolution of related issues, conflicts and discrepancies; inspect projects in progress and upon completion to ensure compliance with established specifications, time lines and safety standards. Perform other duties as required which will include working with Planning, Engineering and Building on projects and related activities as needed • Supervise and evaluate the performance of assigned personnel; interview and select employees and recommend transfers, reassignment, termination and disciplinary actions; coordinate subordinate work assignments and schedules, and review work to ensure compliance with established standards, requirements and procedures; ensure employee understanding of established requirements.
• Direct and manage wastewater treatment plant and facilities operations and activities involved in maintaining safe and proper wastewater quality for the City; monitor, adjust and test wastewater quality at City's wastewater treatment facilities; manage water system maintenance and operations projects, treatment processes and distribution system maintenance; ensure a safe and adequate supply of potable water to meet community needs; direct the collection. testing and analysis of wastewater samples to ensure safe and proper wastewater quality; ensure proper adjustments are made to meet wastewater quality standards as needed.
• Estimate and ensure adequate personnel, materials and equipment needed for installation, construction, maintenance and repair projects and activities; compile and prepare cost estimates; monitor, assess and modify activities in response to project progress; monitor and ensure adequate equipment and supply levels; coordinate the purchase of equipment and supplies as appropriate.
• Plan, organize, control and direct the construction, maintenance and repair of City streets and related infrastructure; direct the building of new streets and ensure existing streets are maintained in proper condition; coordinate and direct the installation and maintenance of street and traffic safety lights, signals, signs and markers; ensure proper maintenance of culverts, drainage ditches, curbs and gutters.

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• Coordinate and direct the installation, maintenance and repair of City water and sewer lines and systems: ensure proper cleaning, repair or replacement of related fixtures, parts and equipment; direct activities and projects to ensure smooth, efficient, healthy and safe water and sewer line flow, operations and services. • Receive, prioritize and coordinate response to requests, customer service calls, work orders and public complaints concerning streets, sidewalks, buildings and water, sewer and wastewater systems and equipment; ensure proper and timely resolution of customer service issues and conflicts. • Drive a vehicle to conduct work; plan, organize, control and direct the inspection, diagnosis, servicing, maintenance and repair ofa variety of large and small vehicles and equipment; pick up and deliver supplies and equipment as needed. • Develop and prepare the annual preliminary budget for the Public Works department; analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations; monitor budget expenditures and initiate transfers as needed; assist with the preparation of grant applications as directed. • Direct the preparation and maintenance of a variety of narrative and statistical records, files and reports related to Public Works programs, projects, budgets, services, systems, financial activity, personnel and assigned duties; review and respond to regulatory agency reports as needed; ensure utility systems and facilities meet State and Environmental Protection Agency requirements.
• Direct Public Works activities to ensure compliance with established safety standards and procedures: ensure proper utilization of flagging and traffic control activities to provide safety for workers during road construction work as needed.
• Provide technical information and assistance to the City Manager regarding Public Works projects, activities, needs and issues; assist in formulating and developing policies, procedures and programs; coordinate Public Works response to City Manager and City Council requests and concerns.
• Participate in the development and design of architectural and engineering construction specifications; coordinate Public Works projects with outside contractors as needed; inspect contractor work for accuracy and completeness. • Direct the preparation and maintenance of various records and reports related to projects, work orders, inventory, personnel, wastewater, colifonn and assigned activities; ensure mandated reports are submitted to appropriate governmental agency according to established time lines. • Plan, organize, control and direct the operation of a variety of heavy and light equipment and hand and power tools: utilize standard office equipment including a computer and assigned software; directs the storage, care and maintenance of tools, equipment, materials and supplies.
• Communicate with personnel, administrators, contractors, outside organizations and the public to exchange information, coordinate activities and resolve issues or concerns
• Attend and conduct a variety of staff, project and safety meetings as assigned; attend and participate in City Council and various committee meetings as directed.

OTHER DUTIES:
• Perform related duties as assigned.

QUALIFICATIONS:

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands 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.

Knowledge of:
• Planning, organization and direction of Public Works operations and activities including the construction, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Principles, techniques, practices and procedures involved in project management, planning, scheduling, developing, implementing and inspecting construction, installation, maintenance and repair projects. • Practices, procedures, methods and materials used in the construction, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Operation and use ofa variety of heavy and light equipment. • Health and safety regulations and procedures.
• Applicable laws, codes, rules, regulations, policies and procedures. • Operation of a computer and assigned software.
• Policies and objectives of assigned programs and activities. • Inventory practices and procedures.
• Budget preparation and control.

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o Principles and practices of administration, supervision and training. o Oral and written communication skills.
• Interpersonal skills using tact, patience and courtesy.

Ability to:
• Plan, organize, control and direct Public Works operations and activities including the construction, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Coordinate and direct Public Works communications, projects, personnel and information to meet City needs and ensure smooth and efficient Department activities.
• Supervise and evaluate the performance of assigned personnel. • Plan, schedule, develop and implement construction, installation, maintenance and repair projects. • Inspect projects for accuracy, completeness and compliance with established standards, requirements and procedures. • Estimate and ensure adequate personnel, material and equipment levels needed for projects. • Receive, prioritize and coordinate response to requests, customer service calls and work orders. • Communicate effectively both orally and in writing.
• Interpret, apply and explain rules, regulations, policies and procedures. • Establish and maintain cooperative and effective working relationships with others. • Operate a computer and assigned office equipment.
• Analyze situations accurately and adopt an effective course of action. • Meet schedules and time lines.
• Work independently with little direction.
• Plan and organize work.
• Direct the preparation and maintenance of a variety of reports, records and files.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Bachelor's degree in public administration, engineering, construction management. • Five years increasingly responsible professional Public Works experience with at least, • Three years in a Public Works management or supervisory capacity.

Licenses, Certifications and other Requirements:
• Valid California Class C driver's license.
• Possession of Grade T2 Water Treatment Plant Operator Certificate approved by the California State Water Resources Control Board.
• Possession of Grade II] (D3) Water Distribution Operators License approved by the California State Water Resources Control Board.
• Possession of Grade II] Wastewater Treatment Plant Operator Certificate approved by the California State Resources Control Board.
• Possession of Grade IV (D4) Water Distribution Certificate approved by the California State Resources Control Board (highly desirable).

WORKING CONDITIONS:

Work Environment:
• Indoor/outdoor work environment.
• Driving a vehicle to conduct work.

Physical Demands:
• Hearing and speaking to exchange information.
• Dexterity of hands and fingers to operate a computer keyboard. • Seeing to inspect projects and read a variety of materials. • Sitting for extended periods of time.
• Walking to inspect projects.

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The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.

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CITY OF LIVINGSTON

AGREEMENT FOR EMPLOYMENT OF PUBLIC WORKS DIRECTOR
This Employment Agreement ("Agreement") is made and entered into this 2 nd day of
February 2023, 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 subject to ratification by the City Council; 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, starting February 8, 2023, and it shall continue unless and until the City Manager or Public Works Director or the Parties terminate the agreement pursuant to the termination, severance and resignation provisions of this contract.

City of Livingston
Public Works Director Employment Agreement
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EXHIBIT "A"
Both the City and the Public Works Director understand that Chavarria's employment is an "atwill" employment and nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to terminate his employment with the City as provided for in 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 City of Livingston
Public Works Director Employment Agreement

responsibilities and duties, with no additional consideration or payment for hours worked beyond forty (40) hours a week. The general business hours for City employees are Monday through Fridays, 8:00 a.m. to 5:00 p.m. However, the Parties recognize that Chavarria is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.).

Chavarria shall not receive overtime or extra compensation for hours worked outside of the City's general business hours, which are necessary to fulfill Chavarria's duties, unless otherwise provided in this Agreement.

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. No Membership in Bargaining Unit
Chavarria understands that as the Public Works Director he is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees.

8. Compensation and Benefits·
a. Chavarria shall be paid an annual base salary of One Hundred TwentyFour Thousand Five Hundred Eighty-Nine Dollars ($124,589), which is currently Step E under the Public Works Director Salary Schedule, less all applicable Federal, State and local withholding.
b. Pro rata Decrease. Chavarria acknowledges that the Base Salary may be subject to pro rata decrease should the City Council adopt an unpaid Mandatory Furlough Program as a budgetary measure.
c. 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.

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d. In addition to the compensation provided in Section S(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 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). Chavarria will be responsible for the employee contribution required by all non-safety department heads. 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. Sick Leave: Chavarria shall accrue sick leave in accordance with the accrual schedule and City rules and regulations applicable to department heads. v. Life Insurance: City shall provide Chavarria with Life Insurance Coverage in the amount of One Hundred Thousand Dollars ($100,000). vi. Administrative Leave: Chavarria shall accrue administrative leave at the same rate and in the same manner as department heads in the Management and Confidential unit (110 hours). 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. Any unused administrative leave shall expire on June 30 of each fiscal year and shall not be carried over year to year.

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vii. 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.
viii. 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.

9. Automobile
Chavarria's job duties require that he be available to respond to public works incidents 24-hours per day. The City shall provide a vehicle to be used by Chavarria for City business and reasonable personal use, as determined by the City Manager. The City shall pay all maintenance expenses for the vehicle including gas and oil. Vehicle use shall be restricted to California unless Chavarria receives the City Manager's approval for variance. Chavarria is responsible for associated fuel cost for personal use.

10. 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 ar)y severance payment pursuant to Section 1 0(c) and 1 0(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 Cily of Livingston
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severance, and do not grant Chavarria any property interest in his employment or alter the atwill 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 three (3) 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 three (3) months base salary for severance under this Agreement.
d. Severance pay under Section 10(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 10(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; City of Livingston
Public Works Director Employment Agreement

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.

11. 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 City of Livingston
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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.

12. 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
and with copy to:

White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, CA 95814
Christina M. Pritchard
Chavarria:

Anthony Chavarria
Public Works Director
1416 C Street
Livingston, CA 95334
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.

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13. 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.

14. 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.

15. 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.

16. Venue.

Venue for all legal proceedings shall be in the Superior Court for the State of California, in and for the County of Merced.

17. Attorney's Fees and Costs.

If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to City of Livingston
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reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

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: _____ _
ATTEST:

Monica Cisneros, Deputy City Clerk
Anthony Chavarria, Public Works Director
Jennifer Riedeman, Acting City Manager/ Finance
Director
City of Livingston
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EXHIBIT A
Duties and Responsibilities
(See Attached Job Description)
City of Livingston
Public Works Director Employment Agreement

Job Description
Title: Director of Public Works FLSA Status: Exempt Created:

Supervisor: City Manager Supervises: All Public Works Revised: 01/17/2023 Employees
Job Family: Public Works Bargaining Unit: Contract Approved:

JOB SUMMARY:

Under the direction of the City Manager, to serve as the principal administrative officer for the Public Works Department and activities including Water/Wastewater and Utilities and Maintenance operations; lead in the project management, to include planning, coordinating, tracking and following up on projects, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems, treatments, distribution and equipment; coordinate and direct Public Works communications, projects, personnel and information to meet City needs; ensure smooth and efficient Department activities; supervise and evaluate the performance of assigned personnel. Also, to perform other duties as required which will include working with Planning, Engineering and Building on projects and related activities as needed.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Plan, organize, control and direct Public Works operations and activities including the Water/Wastewater and Utilities and Maintenance operations; serve as the project manager to include planning, coordinating, tracking and following up on projects and oversee the construction, installation, maintenance and repair of streets, sidewalks, buildings and in the treatment and distribution of water, sewer and wastewater systems and equipment; establish and maintain related time lines and priorities; ensure related activities comply with established laws, codes, regulations, ordinances, policies and procedures.
• Coordinate and direct resources, personnel and information to meet City needs and ensure smooth and efficient Department activities; oversee the development and implementation of Department programs, projects, functions, services, goals, objectives, systems and activities; ensure proper and timely resolution of related issues, conflicts and discrepancies; inspect projects in progress and upon completion to ensure compliance with established specifications, time lines and safety standards. Perform other duties as required which will include working with Planning, Engineering and Building on projects and related activities as needed • Supervise and evaluate the performance of assigned personnel; interview and select employees and recommend transfers, reassignment, termination and disciplinary actions; coordinate subordinate work assignments and schedules, and review work to ensure compliance with established standards, requirements and procedures; ensure employee understanding of established requirements.
• Direct and manage wastewater treatment plant and facilities operations and activities involved in maintaining safe and proper wastewater quality for the City; monitor, adjust and test wastewater quality at City's wastewater treatment facilities; manage water system maintenance and operations projects, treatment processes and distribution system maintenance; ensure a safe and adequate supply of potable water to meet community needs; direct the collection, testing and analysis of wastewater samples to ensure safe and proper wastewater quality; ensure proper adjustments are made to meet wastewater quality standards as needed.
• Estimate and ensure adequate personnel, materials and equipment needed for installation, construction, maintenance and repair projects and activities; compile and prepare cost estimates; monitor, assess and modify activities in response to project progress; monitor and ensure adequate equipment and supply levels; coordinate the purchase of equipment and supplies as appropriate.
• Plan, organize, control and direct the construction, maintenance and repair of City streets and related infrastructure; direct the building of new streets and ensure existing streets are maintained in proper condition; coordinate and direct the installation and maintenance of street and traffic safety lights, signals, signs and markers; ensure proper maintenance of culverts, drainage ditches, curbs and gutters.

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• Coordinate and direct the installation, maintenance and repair of City water and sewer lines and systems; ensure proper cleaning, repair or replacement ofrelated fixtures, parts and equipment; direct activities and projects to ensure smooth, efficient, healthy and safe water and sewer line flow, operations and services. • Receive, prioritize and coordinate response to requests, customer service calls, work orders and public complaints concerning streets, sidewalks, buildings and water, sewer and wastewater systems and equipment; ensure proper and timely resolution of customer service issues and conflicts. • Drive a vehicle to conduct work; plan, organize, control and direct the inspection, diagnosis, servicing, maintenance and repair of a variety oflarge and small vehicles and equipment; pick up and deliver supplies and equipment as needed. • Develop and prepare the annual preliminary budget for the Public Works department; analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations; monitor budget expenditures and initiate transfers as needed; assist with the preparation of grant applications as directed. • Direct the preparation and maintenance of a variety ofnarrative and statistical records, files and reports related to Public Works programs, projects, budgets, services, systems, financial activity, personnel and assigned duties; review and respond to regulatory agency reports as needed; ensure utility systems and facilities meet State and Environmental Protection Agency requirements.
• Direct Public Works activities to ensure compliance with established safety standards and procedures; ensure proper utilization of flagging and traffic control activities to provide safety for workers during road construction work as needed.
• Provide technical information and assistance to the City Manager regarding Public Works projects, activities, needs and issues; assist in fonnulating and developing policies, procedures and programs; coordinate Public Works response to City Manager and City Council requests and concerns.
• Participate in the development and design of architectural and engineering construction specifications; coordinate Public Works projects with outside contractors as needed; inspect contractor work for accuracy and completeness. • Direct the preparation and maintenance of various records and reports related to projects, work orders, inventory, personnel, wastewater, coliform and assigned activities; ensure mandated reports are submitted to appropriate governmental agency according to established time lines. • Plan, organize, control and direct the operation ofa variety of heavy and light equipment and hand and power tools; utilize standard office equipment including a computer and assigned software; directs the storage, care and maintenance of tools, equipment, materials and supplies.
• Communicate with personnel, administrators, contractors, outside organizations and the public to exchange information, coordinate activities and resolve issues or concerns
• Attend and conduct a variety of staff, project and safety meetings as assigned; attend and participate in City Council and various committee meetings as directed.

OTHER DUTIES:
• Perform related duties as assigned.

QUALIFICATIONS:

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands 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.

Knowledge of:
• Planning, organization and direction of Public Works operations and activities including the construction, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Principles, techniques, practices and procedures involved in project management, planning, scheduling, developing, implementing and inspecting construction, installation, maintenance and repair projects. • Practices, procedures, methods and materials used in the construction, installation, maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Operation and use ofa variety of heavy and light equipment. • Health and safety regulations and procedures.
• Applicable laws, codes, rules, regulations, policies and procedures. • Operation of a computer and assigned software.
• Policies and objectives of assigned programs and activities. • Inventory practices and procedures.
• Budget preparation and control.

Director of Public Works Page 2 of 4
• Principles and practices of administration, supervision and training. • Oral and written communication skills.
• Interpersonal skills using tact, patience and courtesy.

Ability to:
• Plan, organize, control and direct Public Works operations and activities including the construction, installation. maintenance and repair of streets, sidewalks, buildings and water, sewer and wastewater systems and equipment. • Coordinate and direct Public Works communications, projects, personnel and information to meet City needs and ensure smooth and efficient Department activities.
• Supervise and evaluate the performance of assigned personnel. • Plan, schedule, develop and implement construction, installation, maintenance and repair projects. • Inspect projects for accuracy, completeness and compliance with established standards, requirements and procedures. • Estimate and ensure adequate personnel, material and equipment levels needed for projects. • Receive, prioritize and coordinate response to requests, customer service calls and work orders. • Communicate effectively both orally and in writing.
• Interpret, apply and explain rules, regulations, policies and procedures. • Establish and maintain cooperative and effective working relationships with others. • Operate a computer and assigned office equipment.
• Analyze situations accurately and adopt an effective course of action. • Meet schedules and time lines.
• Work independently with little direction.
• Plan and organize work.
• Direct the preparation and maintenance of a variety of reports, records and files.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Bachelor's degree in public administration, engineering, construction management. • Five years increasingly responsible professional Public Works experience with at least, • Three years in a Public Works management or supervisory capacity.

Licenses. Certifications and other Requirements:
• Valid California Class C driver's license.
• Possession of Grade T2 Water Treatment Plant Operator Certificate approved by the California State Water Resources Control Board.
• Possession of Grade III (D3) Water Distribution Operators License approved by the California State Water Resources Control Board.
• Possession of Grade III Wastewater Treatment Plant Operator Certificate approved by the California State Resources Control Board.
• Possession of Grade IV (D4) Water Distribution Certificate approved by the California State Resources Control Board (highly desirable).

WORKING CONDITIONS:

Work Environment:
o Indoor/outdoor work environment.
• Driving a vehicle to conduct work.

Physical Demands:
• Hearing and speaking to exchange information.
• Dexterity of hands and fingers to operate a computer keyboard. • Seeing to inspect projects and read a variety of materials. • Sitting for extended periods of time.
• Walking to inspect projects.

Director of Public Works Page3 of4
The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.

Director of Public Works Page 4 of4
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

Approved By:

STAFF REPORT
Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Christopher Lopez for the Position of Interim City Manager February 7, 2023
Arcelia Cruz, Human Resources Coordinator
Jennifer Riedeman, Acting City Manager/Finance Director RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Livingston approving the employment agreement between the City of Livingston and Christopher Lopez for his employment as Interim City Manager.

BACKGROUND:

The City of Livingston ("City") has a need to fill the Interim City Manager position to continue to direct City-wide operations and support the needs of the community. The City is currently using the Finance Director/Assistant City Manager as the "Acting" City Manager.

Given the "Acting" City Manager has given her resignation notice, it is necessary to fill the Interim City Manager position. Mr. Lopez has expressed interest and meets the requirements for the Interim City Manager position. Employing Mr. Lopez will assist the City in continuing to move forward with leading City-wide operations and supporting the needs of the community.

DISCUSSION:

In order to maintain the upmost transparency and to have the City Council approve the terms of employment for the Interim City Manager position, the "Acting" City Manager has requested that the attached employment agreement be placed on the agenda for Council consideration. The employment agreement for the Interim City Manager position includes the following terms:

Term of Agreement shall continue unless and until the City Council or Interim City Manager terminate the agreement pursuant to the termination, severance and resignation provisions of the contract
• Interim City Manager will be an at-will employee
• Interim City Manager will be paid an annual base salary of $184,620.00 • The benefit package is consistent with the benefit package of other management personnel.
1 CONCLUSION:

The "Acting" City Manager is requesting that the City Council approve the employment agreement between the City of Livingston and Christopher Lopez for his employment as Interim City Manager.

ATTACHMENTS:

1. Resolution of the City Council of the City of Livingston Approving the Employment Agreement Between the City of Livingston and Christopher Lopez for the Position of Interim City Manger

2. Employment Agreement
2 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

APPROVING AN EMPLOYMENT AGREEMENT FOR THE POSITION

OF INTERIM CITY MANAGER BETWEEN THE CITY OF

LIVINGSTON AND CHRISTOPHER LOPEZ
WHEREAS, the City of Livingston ("City") has a need to fill the Interim City Manager position to continue to direct City-wide operations and support the needs of the community. The City is currently using the Finance Director/Assistant City Manager as the "Acting" City Manager; and
WHEREAS, given the "Acting" City Manager has given her resignation notice, it is necessary to fill the Interim City Manager position; and WHEREAS, the attached Employment Agreement sets the terms of employment for Mr.

Lopez; and
WHEREAS, the Employment Agreements sets compensation at an annual base salary of One Hundred Eighty-Four Thousand Six Hundred Twenty and 00/100 Dollars ($184,620.00), which is currently Step E of the Master Salary Schedule; and WHEREAS, employing Mr. Lopez will assist the City in continuing to move forward with leading City-wide operations and supporting the needs of the community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby approves the Agreement for Employment of Interim City Manager between the City and Christopher Lopez, 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.

As such, the "Acting" City Manager is authorized to sign the agreement for the Interim City Manager.

Passed and adopted this 7th day of February, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page I of2
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:

I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 7th day of February, 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the City of Livingston, a California municipal corporation ("City"), and Christopher Lopez, an individual ("Employee"). City and Employee may individually be referred to herein as "Party" or collectively as "Parties". There are no other parties to this Agreement.

RECITALS
A. City requires the services of a person with proven executive and administrative qualifications to fill the position oflnterim City Manager.

B. City, acting by and through the Livingston City Council ("City Council") has evaluated Employee's knowledge, experience, administrative skills and abilities and desires that Employee be appointed to the position of Interim City Manager pursuant to the terms of this Agreement.

C. The Parties agree that this shall be the sole agreement between the Parties regarding the employment of Employee as Interim City Manager.

D. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code sections 36505 and 53260 et seq.

NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties and in consideration of the benefits that accrue to each, it is agreed as follows:

AGREEMENT
Section 1. Recitals. The recitals set forth above ("Recitals") are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 10 of this Agreement, Sections 1 through 1 O will prevail.

Section 2. Effective Date. This Agreement shall be effective on February 8, 2023 ("Effective Date").

Section 3. Appointment of Interim City Manager Duties and Term.

3.1. Appointment and Duties of Interim City Manager. Employee shall serve as Interim City Manager of the City and shall be vested with the powers, duties, and responsibilities set forth in Chapter 6 of the Livingston Municipal Code ("L.M.C."), as may be amended, and under California law. Employee shall further perform the functions and duties specified under the laws of the State of California, the L.M.C., the Ordinances, and {CW125634.5} City of Livingston
Interim City Manager Employment Agreement
Page I of9
EXHIBIT "A"
Resolutions of the City, and such other duties and functions as the City Council may from time-to-time assign. The City Council may also designate Employee as the chief executive of other City related-legal entities, such as a redevelopment agency, financing authorities, or joint power authorities.

Employee's initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee's duties and responsibilities under this Agreement pursuant to the laws of the State of California and applicable City municipal codes and resolutions. Employee understands that Employee's duties may be amended from time to time by the City, as necessary to meet the City's needs. No modification or change in Employee's responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.

3.2. Secondary Employment. Employee agrees to devote all such productive time, ability, and attention to the City's business as is necessary to the full performance of his duties. During the Term, as defined in Section 3.6 of this Agreement, Employee shall not hold any secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City's legitimate business interests. As such, Employee agrees that Employee will notify the City Council in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Council to determine whether there is the appearance of or an actual conflict, or potential conflict, with the satisfactory performance of Employee's duties and/or the best interest of the City.

Should the City Council make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee shall have the right to volunteer for such nonprofit organizations as Employee may see fit, provided that such volunteer services shall not interfere with Employee's duties on behalf of the City.

Notwithstanding the foregoing, the City Council aclmowledges that Employee currently operates a consulting business for private companies and authorizes Employee to continue conducting such business, provided that such business does not conflict with the City's legitimate business interests and insofar as Employee agrees that he does not currently represent and will not represent during the Term of this Agreement any business which operates within the City or has any formal business relationship with the City. If at any time the City Council notifies Employee that there is a conflict, Employee agrees to immediately cease representation of the business which causes the conflict.

3.3. Exempt Employee. The general business hours for City employees are Monday through Fridays, 8:00 a.m. to 5:00 p.m. However, the Parties recognize that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City's general business hours, which are necessary to fulfill Employee's duties, unless otherwise provided in this Agreement.

3.4. Schedule. Employee's daily and weekly work schedule shall vary in accordance with the work required to be performed. The Interim City Manager position {CW125634.5} City of Livingston
Interim City Manager Employment Agreement

includes attendance at evening City Council meetings and frequent irregular hours, as necessary to meet deadlines and achieve objectives. City recognizes that Employee must devote a great deal of his time outside normal office hours to business of the City and, to that end, will be allowed to adjust his weekly or daily schedule as he deems reasonable, so long as all objectives have been met and Employee is available as needed to fully accomplish his duties and responsibilities; which should generally average eighty (80) hours per pay period.

3.5. No Membership in Bargaining Unit. Employee understands that as Interim City Manager he is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees.

3.6. Term. The term of this Agreement shall begin on the Effective Date and expire upon hiring of a City Manager or upon termination of this Agreement, pursuant to Section 6, below, or as required by law ("Term").

Section 4. At-Will Employment/No Property Right. Employee is an at-will employee serving at the pleasure of the City Council, as provided in Government Code section 36506. Accordingly, this Agreement does not confer a right of employment for any specified term. Employee further understands that he acquires no property interest in his employment by virtue of this Agreement, and that he is not entitled to due process for any disciplinary actions under the City's personnel policies and rules, including termination.

Employee has no property right in his employment and the City Council may terminate Employee's employment and this Agreement at any time, with or without cause, and Employee shall have no recourse to due process for disciplinary action up to and including termination under any City policy or personnel rule, otherwise specified in this Agreement.

Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to Employee's position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to Employee's notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify, or revoke Employee's status as an at-will employee or any other provision of this Agreement.

Section 5. Compensation and Benefits

5.1. Base Salary. In exchange for the performance of Employee's duties, City shall pay Employee an annual salary in the amount of One Hundred Eighty-Four Thousand Six Hundred Twenty and 00/100 Dollars ($184,620.00) ("Base Salary"), payable at the same time as other similarly situated Director level employees are paid.

5.2. Pro rata Decrease. Employee acknowledges that the Base Salary may be subject to pro rata decrease should the City Council adopt an unpaid Mandatory Furlough Program as a budgetary measure.
(CWJ25634.5) City of Livingston
Interim City Manager Employment Agreement

5.3. Healthcare Benefits. Employee 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 different between benefits received by non-safety department heads, Employee shall receive the higher benefit.

5.5. Life Insurance. City will provide Employee with life insurance in the amount of Two Hundred Thousand Dollars ($200,000).

5.6. Retirement Plan. City shall pay the employer cost of participation in the California Public Employees Retirement System ("CalPERS"). Employee shall pay employee cost of such participation.

5.7. Vacation. Employee shall accrue vacation at a rate which results in accrual of twenty (20) working days or one hundred and sixty (160) hours of vacation per year of employment. Vacation accrual will be capped at four hundred ( 400) hours. Once Employee reaches the cap, vacation accrual will cease until enough vacation has been used or paid out to reduce Employee's accrued amount below the cap. Unless otherwise specified in this Agreement, vacation accrual, use, and payout shall be administered in accordance with any applicable provisions of City policies, rules, practices and/or regulations applicable to other similarly situated Director level employees. Upon separation from the City, Employee shall be paid for any accrued and unused vacation hours.

5.8. Sick Leave. Employee shall earn one (I) day of sick leave per month of employment. Sick leave shall be accrued and shall be administered in accordance with any applicable provisions of City policies, rules, practices and/or regulations applicable to other similarly situated Director level employees.

5.9. Executive Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business. To that end, Employee shall receive one hundred twenty (120) hours of executive leave at the beginning of each fiscal year. Employee may request to cash out up to twenty-four (24) hours of unused leave each fiscal year. Requests to cash out any amount of executive leave shall be directed to the City's Finance Director. Should there be a vacancy in the Finance Director position, during such vacancy, requests to cash out any amount of executive leave shall be directed to the City Council. Any unused executive leave shall expire on June 30 of each fiscal year and shall not be carried over year to year.

5.10. Other Benefits. It is the intent of this Agreement that Employe receive the same basic benefits afforded to all non-safety Director level employees, except as modified herein. Such other benefits as would normally accrue to other Director level employees shall be received by Employee as well, unless otherwise set forth herein.

5.11. City-Related Business Travel Reimbursement. Employee's duties require that he have continuously available transportation for City business or other related purposes. Employee agrees to provide and utilize his own vehicle for City related business.

The City shall provide Employee with a monthly auto allowance of Four Hundred Dollars {CWl25634.5} City of Livingston
Interim City Manager E:nployment Agreement

($400.00) per month. Employee shall name City as an additional insured under Employee's automobile insurance coverage. Employee may use a City-owned vehicle for travel on all City-related business based on availability.

5.12. Cell Phone Allowance. Employee shall receive a City-owned cellular telephone for City business purposes. Should a City-owned phone not be made available to Employee, City shall pay Employee Sixty-Five Dollars ($65.00) per month as a cell phone allowance.

5.14. Deferred Compensation. City shall establish and maintain a deferred compensation plan and pay the sum equal to two and 7/10 percent (2.7%) of Employee's Base Salary per month on behalf of Employee into said deferred compensation plan, which will be payable in pro rata installments at the same time other similarly situated employee payments are made.

5.15. Professional Development. City agrees to budget for reasonable costs of travel and business expenses for Employee to attend professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions on behalf of the City. These funds may be limited in times of economic distress.

Section 6. Termination of Employment

6.1 Voluntary Resignation. Employee may resign at any time and agrees to give the City at least sixty ( 60) days advance written notice of the effective date of Employee's resignation unless the Parties otherwise agree in writing. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation, the City shall pay to Employee all salary and benefit amounts both accrued and owing under this Agreement.

6.2. Termination by City Council. The City Council may terminate this Agreement and remove Employee from his position at any time following five (5) days written notice with or without cause by a three-fifths (3/5) vote of the entire City Council.

Upon termination, for any reason, City shall compensate Employee for all accrued and unused vacation and executive leave. This compensation shall be based upon Employee's Base Salary as of the date of employment termination.

If Employee's termination is based on charges of misconduct that publicly stigmatizes Employee's reputation or impairs his ability to earn a living, or might damage his standing in a community, Employee may, within five (5) business days of the City Council's notice to Employee of the intent to terminate Employee's employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council. The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The hearing shall take place at a regularly scheduled City Council meeting or closed session in accordance with the City's Municipal Code, Personnel Rules, or standard practice, if applicable, and {CWl25634.5} City of Livingston
Interim City Manager Employment Agreement

any applicable provisions of state law. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Council's decision to terminate will be effective as of the close of business on the fifth (5th) day after the City Council provided notice to Employee of its intent to terminate Employee's employment.

Notwithstanding any provision in this Agreement to the contrary, the City Council may suspend Employee with full pay and benefits at any time during the Term of this Agreement.

Section 7. Indemnification. City shall defend, hold harmless and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's Duties in accordance with California's Government Claims Act (Government Code section 825 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.5.

The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City's duty to defend and indemnify shall be contingent upon Employee's good faith cooperation with such defense. In the event City provides funds for legal criminal defense pursuant to this Section, Employee shall reimburse City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.4.

Section 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.

Section 9. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (I 0) days written notice to the other Party hereto, designate any other (CWl25634.5) City of Livingston
Interim City Manager Employment Agreement
Pagc6of9
address in substitution of the address to which such notice or communication shall be given.

Such notices or communications shall be given to the Parties at their addresses set forth below:

Ifto City:
and
with cc to:

Ifto Employee:

City of Livingston
ATTN: Mayor and City Council
1416 C Street
Livingston, California 95334
White Brenner LLP
ATTN: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, CA 95814
Christina M. Pritchard
Christopher Lopez
CC: personnel file
Section 10. General Provisions.

10.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.

10.2. Entire Agreement. The Parties agree that this Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties relating to Employee's employment and supersedes and renders null and void all other prior or contemporaneous oral or written obligations, understandings and agreements of the Parties relating to the subject matter herein. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

10.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

10.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon. (CW!25634.5) City of Livingston
Interim City Manager Employment Agreement

10.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

10.6. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

10.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

10.9. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties, and Parties' designated representatives, do not appear on the same page.

10.10. Venue. Venue for all legal proceedings shall be in the Superior Court for the State of California, in and for the County of Merced.

10.11. Attorney's Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. {CWl25634.5}
[Signatures on Following Page]
City of Livingston
Interim City Manager Employment Agreement

IN WITNESS WHEREOF, this Agreement has been entered into by and between EMPLOYEE and CITY as of the date of the Agreement set forth above.

CITY:

City of Livingston, a California municipal
corporation
By: ____________ _
Jose Moran, Mayor
Date Signed: ___________ _
Approved as to Form and Content:

By: _____________ _
Douglas L. White, Deputy City Attorney
(CW125634.5)
EMPLOYEE:

By: __________ _
Christopher Lopez, an individual
Date Signed:. __________ _
City of Livingston
Interim City Manager Employment Agreement

{CWI25634.5)

EXHIBIT A
Job Description
(See Attached)
Job Description
Title: City Manager FLSA Status: Exempt Created:

Supervisor: Mayor, Livingston City Supervises: All department heads Revised:

Council and City staff with the exception of
Council appointed positions.

Department: City Administration Bargaining Unit: Contract Approved:

JOB SUMMARY:

Under the direction of the Mayor and City Council for the City of Livingston, plan, organize, control and direct City-wide operations, activities, departments, programs and functions; manage the City's budget; make recommendations on municipal governance and provide support to the City Council; oversee the operations of all street and city utilities; address the media on behalf of the City; monitor and ensure City residents have safe and clean water; implement the policies of the City Council; supervise and evaluate the performance of assigned personnel; provide administrative oversight to the operational and policy functions of City government; provide a variety of other responsible and complex administrative support to the City Council.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Plan, organize, control and direct City-wide operations, activities, departments, programs and functions; direct and control the establishment and maintenance of City-wide time lines and priorities; ensure City-wide functions and activities comply with established internal controls, laws, codes, regulations, ordinances, policies and procedures. • Provide support for the City Council, direction and vision for the organization, and overall leadership and direction to City's municipal departments; implement the policies of the City Council; ensure proper and timely resolution of related issues, conflicts and discrepancies.
• Ensure water supply to City meets cleanliness standards; monitor, manage and leverage water resources; oversee and direct the Public Works Department.
• Coordinate and direct City-wide personnel, resources, fiscal activities, compliance functions and communications to meet organizational and public needs and ensure smooth and efficient activities; direct the development and implementation of City-wide departments, divisions, programs, projects, functions, services, goals, objectives, systems and activities.
• Supervise and evaluate the performance of assigned personnel; interview and select employees and recommend transfers, reassignment, termination and disciplinary actions; coordinate subordinate work assignments and review work to ensure compliance with established standards, requirements and procedures. • Direct and review staff reports; provide technical expertise, information and assistance to the department heads regarding assigned functions; assist in the formulation and development of policies, procedures and programs to ensure an economical, safe and efficient work environment.
• Advise the Mayor and City Council of unusual trends or problems and recommend appropriate corrective action; plan, organize and implement long and short-term programs and activities as directed by the City Council and Mayor. • Provide consultation and technical expertise to administrators, Council members, officials, personnel, outside agencies and the public concerning City operations, activities and related functions and requirements; respond to inquiries, resolve issues and conflicts and provide detailed and technical information concerning related laws, codes, standards, requirements, goals, objectives, budgets, rules, regulations, policies and procedures. • Coordinate organizational activities, communications and information between administrators, staff, outside organizations and various local, State and federal agencies; ensure optimal allocation of City resources and personnel. • Monitor and analyze City-wide departments, divisions, programs, activities and functions for progress, financial effectiveness, operational efficiency and capacity to meet public needs; respond to administrative input concerning organizational needs; plan, organize and direct the development and implementation of City-wide policies, procedures and programs to enhance the City's financial effectiveness, operational efficiency and capacity to meet public needs.

City Manager Page I of3
• o'evelop and monitor the budget for the City, analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations; assist department heads and other administrators with budget development and administration; review, analyze and approve recommendations included in the City's budget document; direct economic development activities.
• Direct the preparation and maintenance of a variety of narrative and statistical records, files and reports related to departments, programs, projects, budgets, compliance, systems, ordinances, resolutions, financial activity, personnel and assigned duties; ensure mandated reports are completed and submitted to appropriate local, State or federal agency according to established time lines.
• Ensure adequate resources and personnel to meet City-wide needs; participate in estimating labor and resources required for City departments, divisions, programs, services and projects; review, analyze and approve departmental requests for resources.
• Maintain current knowledge of laws, codes, ordinances, regulations and pending legislature related to City operations and activities; direct the modification of programs, functions and procedures to ensure compliance with local, State and federal requirements as appropriate.
• Direct the research, assembly and compilation of a variety of technical information related to City operations, services and functions; oversee the preparation and distribution of correspondence, fiscal documents and informational materials related to department activities; promote the City of Livingston through e-mails, articles and other materials. • Communicate with other administrators, personnel and outside organizations to coordinate activities and programs, resolve issues and conflicts and exchange information; communicate with attorneys regarding City's legal issues and matters; negotiate various agreements; present accurate information to the City Council to make informed decisions. • Operate a variety of office equipment including a computer and assigned software; drive a vehicle to conduct work. • Attend and conduct a variety of meetings as assigned; prepare and approve agenda items for City Council meetings; represent the City at various events, meetings and board meetings; serve as chair on a variety of committees.

OTHER DUTIES:
• Perform related duties as assigned.

QUALIFICATIONS:

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environment characteristics and physical demands 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.

Knowledge of:
• Planning, organization and direction of Livingston's City-wide operations, activities, departments, programs and functions.
• Practices, procedures and techniques involved in the development and implementation of City-wide departments, divisions, programs, projects, functions, services, goals, objectives, systems and activities. • Accounting, budget and business functions of a city government. • Local and State standards and requirements concerning City programs and functions. • Local, State and federal resources providing City-related services to the public. • Terminology, concepts, methods and procedures involved in the management of assigned departments and programs. • Applicable local, State and federal laws, codes, ordinances, regulations, policies and procedures. • City organization, operations, policies and objectives. • Policies and objectives of assigned municipal programs and activities. • Principles and practices of administration, supervision and training. • Budget preparation and control.
• Oral and written communication skills.
• Interpersonal skills using tact, patience and courtesy. • Public speaking techniques.
• Operation of a computer and assigned software.
• Public relations techniques.

Ability to:
• Plan, organize, control and direct City-wide operations, activities, departments, programs and functions. c,, Provide support for the City Council, direction and vision for the organization, and overall leadership and direction to the entire City government.

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• Implement the policies of the City Council.
• Supervise and evaluate the performance of assigned personnel. • Provide consultation and technical expertise concerning City operations, activities and related functions and requirements.
• Monitor, analyze and modify policies, procedures and programs to enhance the City's financial effectiveness, operational efficiency and capacity to meet public needs. • Direct the development and implementation of City departments, divisions, programs, projects, functions, services, goals, objectives, systems and activities.
• Develop and prepare the City and departmental budgets. • Oversee the establishment and maintenance of City-wide time lines and priorities. • Ensure adequate resources and personnel to meet City needs. • Communicate effectively both orally and in writing.
• Interpret, apply and explain rules, regulations, policies and procedures. • Establish and maintain cooperative and effective working relationships with others. • Operate a computer and assigned office equipment.
• Analyze situations accurately and adopt an effective course of action. • Meet schedules and time lines.
• Work independently with little direction.
• Plan and organize work.
• Prepare comprehensive narrative and statistical reports. • Direct the maintenance of a variety of reports, records and files related to assigned activities.

Education and Experience:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities is:
• Bachelor's degree in public administration, business management or municipal administration. • Ten years increasingly responsible experience in the development and implementation of City government or related programs, projects and services including personnel, fiscal and public relation duties and, ct Six years serving in an administrative capacity.

Desirable:
• Master's degree in public administration, business management or municipal administration.

Licenses, Certifications and other Requirements:
• Valid California Class C driver's license.

WORKING CONDITIONS:

Work Environment:
ct Indoor/Office environment.
• Driving a vehicle to conduct work.

Physical Demands:
• Hearing and speaking to exchange information and make presentations. • Dexterity of hands and fingers to operate a computer keyboard. • Seeing to read a variety of materials.
• Sitting or standing for extended periods of time.

The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.

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