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C16-06.1CITY ENGINEER / PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT This CITY ENGINEER / PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into and made effective the 21 day of February 2017, by and between the CITY OF BEAUMONT, (hereinafter referred to as the "CITY"), and Amer Jakher, an individual (hereinafter referred to as "EMPLOYEE"). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the "Parties" or individually as a "Party." RECITALS CITY ENGINEER / PUBLIC WORKS DIRECTOR WHEREAS, EMPLOYEE is currently employed as City Engineer / Public Works Director for CITY pursuant to an agreement entitled "City Engineer / Public Works Director Agreement," dated March 15, 2016; WHEREAS, based on EMPLOYEE's qualifications and ability, the C I T Y M ANA G E R desires that EMPLOYEE c o n t i n u e s to serve as the City Engineer / Public Works Director for CITY; WHEREAS, EMPLOYEE desires to continue performing the duties of City Engineer / Public Works Director for CITY; and WHEREAS, EMPLOYEE and CITY acknowledge and agree that this Agreement is not covered by and shall supersede the Memorandum of Understanding between City of Beaumont and Managers as Individuals Effective January 1, 2016 ("Managers Group MOU"); and WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE's provision of professional services to CITY through this AGREEMENT. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, CITY and EMPLOYEE hereby agree as follows: 1. POSITION DUTIES AND TERM. 1.1 Incorporation of Recitals. The above recitals are incorporated herein and made a part of this Agreement. 1.2 Position. EMPLOYEE accepts employment with CITY as its CITY ENGINEER / PUBLIC WORKS DIRECTOR and shall perform all functions, duties and services set forth in Section 1.5 (Duties) of this Agreement. 1.3 Effective Date of Agreement/Term. This Agreement is for an unspecified term and is subject to the "At -Will" provision in Section 1.4 and termination provision in Section 4. 1.6 Work Hours. The position of CITY ENGINEER / PUBLIC WORKS DIRECTOR is an exempt position under state and federal wage and hour laws. EMPLOYEE's compensation (whether salary or benefits or other allowances) is not based on hours worked. EMPLOYEE shall not be entitled to any compensation for overtime, missed meal or rest periods, reporting time, or any other wage and hour benefits conferred upon non-exempt employees under state or federal wage and hour laws, including regulations propounded in applicable Industrial Welfare Orders. EMPLOYEE is expected to engage in those hours of work that are necessary to fulfill the obligations of the CITY ENGINEER / PUBLIC WORKS DIRECTOR's position. The CITY ENGINEER / PUBLIC WORKS DIRECTOR does not have set hours of work as the CITY ENGINEER / PUBLIC WORKS DIRECTOR is expected to be available at all reasonable and relevant times. 1.7 Regonal and Professional Activities. CITY desires that EMPLOYEE be reasonably active in professional organizations that will promote the standing of CITY and advance CITY's goals, interests and policy objectives while also providing EMPLOYEE with opportunities for the type of professional development that will enhance EMPLOYEE'S ability to serve CITY and perform EMPLOYEE'S duties as CITY ENGINEER / PUBLIC WORKS DIRECTOR. Toward this end, EMPLOYEE may, upon reasonable notice and approval by the CITY ENGINEER / PUBLIC WORKS DIRECTOR, join professional organizations and participate in the activities of such organizations in so far as such participation promotes the interests of CITY and does not unduly interfere with the performance of EMPLOYEE's duties as CITY ENGINEER / PUBLIC WORKS DIRECTOR. CITY agrees to budget and, consistent with that budget, pay for the dues, conference and travel fees, and subscriptions of the CITY ENGINEER / PUBLIC WORKS DIRECTOR necessary for EMPLOYEE'S participation in national, statewide, regional or professional organizations. 1.8 Non -CITY Activities. In accordance with Government Code Section 1126, during the period of EMPLOYEE'S employment, EMPLOYEE shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.7 (Regional and Professional Activity), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of EMPLOYEE's duties as CITY ENGINEER / PUBLIC WORKS DIRECTOR. 1.9 Restriction on Outside Businessf Activities. During his employment, EMPLOYEE shall devote his full business time, energy, and ability exclusively to the business and interests of CITY, and shall not, without prior written consent of City Manager, render services to others of any kind for compensation, or engage in other business activity that would materially interfere with the performance of EMPLOYEE'S duties under this Agreement, except that: (a) 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 Section 1.9 and shall not require prior consent; and 3 2.5 Jury DutX. EMPLOYEE will receive Base Salary and benefits while responding to a jury summons or serving on a jury. Any compensation for such jury duty (except travel pay) shall be remitted to CITY. 2.6 Business Related E ui ment. CITY shall also provide EMPLOYEE a smart phone and personal computer (at work) for use in connection with CITY business. CITY shall be responsible for maintenance of said items. 2.7 Participation in Additional CITY Programs. EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY management employees, including but not limited to, the bilingual program or deferred compensation plan. 2.8 Administrative/Personal Leave. EMPLOYEE shall be allocated a maximum of forty (40) hours of administrative/personal leave on July 1 st of each CITY fiscal year. The maximum amount of administrative/personal leave that EMPLOYEE may accrue at any given time may not exceed eighty (80) hours total. EMPLOYEE may request payment of up to forty (40) hours banked administrative leave pay, to be paid by separate check, per calendar year. Requests for payment of banked administrative leave pay should be submitted in accordance with the procedure stated in the Managers Group MOU. 3. ILLNESS OR INJURY• DISABILITY AND DEATH. 3.1 Cessation of Work Due to Iniuc v or Disabilit,,. In addition to any right of termination set forth under Section 1.3 (Employment With CITY "At -Will"), above, CITY also reserves the right to terminate EMPLOYEE's employment along with this Agreement if EMPLOYEE ceases to work as a result of injury or disability which results in Employee being unable to perform the essential duties of the CITY ENGINEER / PUBLIC WORKS DIRECTOR position, with or without accommodation, for a period of six (6) consecutive months or more, as documented by a healthcare provider. The foregoing notwithstanding, CITY may terminate EMPLOYEE if, in the CITY'S unilateral discretion, the disability poses a direct threat to the safety of CITY, EMPLOYEE or any other employees working for CITY and any reasonable accommodation attempted by CITY would not mitigate or eliminate such a threat. CITY will not provide a severance payment if EMPLOYEE is terminated under this Section of this Agreement. 3.2 Compensation for Work -Related Illness or Iniur�. In the event EMPLOYEE suffers a physical or mental illness or disability arising out of the course of employment, EMPLOYEE's exclusive remedy or remedies against CITY for such illness, injury or disability shall be those legally allowed under the workers' compensation laws of the State of California. The Parties further agree that the California Workers Compensation Appeals Board shall be the exclusive venue for any claim of physical or mental illness or disability arising out of the course of EMPLOYEE'S employment with the CITY. 3.3 Medical Examination. EMPLOYEE agrees to submit to a medical and/or psychological examination by a qualified physician or psychiatrist selected by CITY, in the event the CITY determines a medical and/or psychological examination is needed to make a decision 5 EMPLOYEE'S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized absence or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, .or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY's anti - harassment policies and/or a finding that legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, C IT Y employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY's Municipal Code, ordinances, rules or regulations, including but not limited to the CITY's Rules and Regulations and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or CITY ENGINEER / PUBLIC WORKS DIRECTOR, and 12) gross misfeasance or gross malfeasance. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be entitled to assume any further position or employment with the CITY. 4.4 Termination Obli-ation. EMPLOYEE agrees that all property, including without limitation, all equipment, tangible, Proprietary Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by EMPLOYEE incident to EMPLOYEE'S employment are the property of CITY and shall be returned promptly to CITY upon termination of EMPLOYEE's employment. EMPLOYEE's obligations under this subsection shall survive the termination of EMPLOYEE'S employment and the expiration or early termination of this Agreement. 4.5 Benefits Upon Termination. All benefits to which EMPLOYEE is entitled under this Agreement shall cease upon EMPLOYEE's termination in accordance with this Section 4 (Termination), unless expressly continued under this Agreement, under any specific written policy or benefit plan applicable to EMPLOYEE, under any other agreement for the continued provision of benefits, or unless otherwise required by law. 5. CONFLICT OF INTEREST. 5.1 EMPLOYEE shall not, during the term of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of CITY, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Manager and City Council. EMPLOYEE shall also be subject to the conflict of interest provisions of the Government Code of the State of California, the CITY's Municipal Code, and any other conflict of interest regulations applicable to EMPLOYEE's employment with CITY. 7 Beaumont, CA 92223 Attn: CITY MANAGER CITY ENGINEER / PUBLIC WORKS DIRECTOR's Notice Address: Amer Jakher (Last listed address In employee's personnel file) 7.2 Bonding. CITY shall bear the full cost of any fidelity or other bonds required of the CITY ENGINEER / PUBLIC WORKS DIRECTOR under any laws or ordinance. 7.3 Entire Agreement. This Agreement is intended to be the final, complete, and exclusive statement of the terms of EMPLOYEE's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of EMPLOYEE, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to EMPLOYEE and are inconsistent with the • terms of this Agreement, the provisions of this Agreement shall control. However, as noted in Section 2.7 above, EMPLOYEE shall be eligible to participate in any other CITY programs/employment benefits to the extent they are offered to non -represented CITY employees. 7.4 Amendments. Except as otherwise provided herein, this Agreement may not be amended except in a written document signed by EMPLOYEE, approved by the City Manager and signed by the City Attorney. 7.5 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. 7.6 Assignment. EMPLOYEE shall not assign any rights or obligations under this Agreement. CITY may, upon prior written notice to EMPLOYEE, assign its rights and obligations hereunder. 7.7 Severability. If any court of competent jurisdiction holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 7.8 Governing Law. This Agreement is entered into and is to be performed in Riverside County, California and shall be governed by and construed in accordance with the controlling laws of the State of California or federal law, whichever is applicable, and the Parties agree that venue shall be in Riverside County, California. 7.9 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 or against the CITY ENGINEER / PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT Exhibit "A" Job Description Exhibit "A" EMPLOYMENT OPPORTUNITY • Public Works Director/Engineer Position Open Until Filled SALARY RANGE: Negotiable THE POSITION: Under administrative direction, plans, oversees and directs the activities and operations of the Public Works Department, including engineering, street services, wastewater, land developments, traffic engineering, capital improvement programs, traffic planning and engineering, special projects, control staffing levels and department budget; coordinates assigned activities with other departments and outside agencies; and provide highly responsible and complex administrative support to the City Manager; participates as a member of the executive management team; and does related work as assigned. CORE (ESSENTIAL) DUTIES: • Plans, assigns, directs and exercises administrative supervision over divisional employees engaged in a wide variety of engineering services, public works maintenance and operating tasks; • Assume full management responsibility for all department services and activities including engineering, streets, traffic and wastewater operations; • Recommends and administers policies and procedures; • May serve as City Engineer; • Supervises and participates in the City's capital improvement plan and budget; • Oversee and participate in the development and administration of the department budget; • Approve the forecast of funds needed for staffing, equipment, materials and supplies; • Approve expenditures and implement budgetary adjustment as appropriate and necessary; • Directs the selection training, development, evaluation and discipline of department staff pursuant to City guidelines and agreements; • Advises and supports the City Manager's office and City Council and represents the department in policy matters; • Directs and participates in the development and implementation of the City's goals, objectives, policies and procedures; • Represents the Public Works Department in relations with the community, advisory committees, local, state, federal and other public works agencies and professional organizations; • Schedules public hearings and leads discussions regarding proposed public works projects; • Perform research regarding equipment and operations; advise the acceptance of bids and the ordering of supplies; • Respond and resolve difficult and sensitive citizen inquiries and complaints. Extensive knowledge of municipal public works, planning, design, maintenance and construction; Knowledge of California engineering and administration principles related to the design and construction of public works project; 09/23/2015 City of Beaumont 550 E 6th Street Beaumont, CA 92223 (951) 769-8520 www.ci.beautnont.ca.us Selection procedures may include: • Applicants will be screened for relevant education and experience • Those applicants passing the initial screening process may be asked to participate in a written exam • Those applicants passing the written exam may be required to complete a supplemental written assignment to assess the candidate's writing ability prior to participating in an oral interview • Candidates who successfully complete the above mentioned requirements will be placed on an eligibility list. Prior to appointment, candidates will be required to pass a comprehensive background check which may include, fingerprinting through Department of Justice, a comprehensive medical examinations, psychological assessment, polygraph, and pre- employment drug screening. How to_RV!Annly: All application packets must be returned to: Human Resources Dept. 550 E. 6th Street, Beaumont, CA 92223 raxed applications will not be accepted. Resumes may be attached, but will not be accepted without a completed City application. 1Lr. POSITIONS \RF POSTED IN- I10USi: JY)R 111N. FIRST IO DAYS U "I'IiR INI'i'IA1. PU5'PLNG. ONCI, lU DAYS r1AS FLAPSPI) AIJ, P011-NTIAL CANDIDATE -S ARE 1V1 iLC() vll; •CO APPJ,Y. Public Works Director / Engineer (continued) T KNOWLEDGE SKILLS & ABILITIES (Continue- : • Knowledge of municipal organizations administration, budgeting, staffing and supervision; • Civil engineering principles related to planning, traffic, streets, public buildings, capital facilities planning, technical, legal and financial requirements involved in the conduct of municipal public works studies; • Knowledge of enterprise operations and rate setting principles for operations; • Techniques and methods of preparing designs, plans, specifications, estimates and reports for proposed municipal. facilities; • Knowledge of recent developments, current literature and sources of information in California Public Works Administration; • Communicate clearly and concisely, orally and in writing; • Operate a personal computer using database and spread sheet programs; perform limited program modifications to adapt software to varying applications. EXPERIENCE, EDUCATION, AND LICENSES: • Minimum eighteen (18) years of age; • Must possess a high school diploma from an accredited high school or G.E.D. equivalent; • Must possess a Bachelor's Degree from an accredited college or university with major course work in Engineering, Public Administration or an equivalent field; • Masters degree in a related field desirable; • Ten (10) years of responsible management experience involving public works operations; • Registration as a Civil Engineer, Traffic Engineer or Land Surveyor in the State of California is highly desirable; • Must possess a valid California Class C Driver's License and maintain possession of such license during the course of employment; • Must have an acceptable driving record, be insurable at standard rates by City's insurance carrier, and maintain such insurability during the course of employment. PHYSICAJ, MENTAL,AND ENVIRONMENTAL REQUIREMENTS: Must be found to be free from any physical, emotional or mental conditions, as determined by a qualified physician and/or psychologist, which with or without accommodation might affect the ability of the employee to perform essential job functions. The position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily office activities. Additionally, the position requires grasping, repetitive hand movement, and fine coordination in retrieving and entering data using a computer keyboard. Near and far vision is required in order to read work related documents and use the computer. Acute hearing is required when providing phone and personal service. The position requires lifting, carrying, pushing, and/or pulling objects weighing up to 25 pounds. Incumbent must be willing to work shift work, including nights, weekends, and holidays. Must be able to work in adverse weather conditions, including extreme heat and cold. This :Iassfiwlion is not intended to be all-inclusive.:In employee mall be required to pv orrz other a-easoncable duties as assigned y rrianaSement. The city reserver the nigh. t, avitl� the concurrence of'the departfnent head, to revise or cbange clac,i/icaiion duties and reej�nnsihi/itie.r as tlae need arises u`zd ur consistent avith. t/ne jneet and confea:, �iroce,+,r. Nothing herein is intended to constitute a aaatitten or iholied c-ontract of empinyrnent. Ti n: CrrY Or Bl?AUMONT 1S AN E(( u. 1.OPPORTUNI' Y Emi,].OY13R. WONIISN, NEINORI.1'll?S, AND DISABLVI) INDIVIDUALS ARE' l NCOURAGHI) TO APPLY. T1I1? CITY ov BIiAUNIONT IS A DRl1G-1'w:Ji WORKPLACE.