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HomeMy WebLinkAboutDavid Segura - 2019-08-19 APMOVOD e-o- f fPO Sq-ABSCW,-) r _ City of Huntington Beach File #: 19-1188 MEETING DATE: 12/16/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Acting Assistant City Manager Subject: Adopt Resolution No. 2019-94 extending the appointment of David Segura as Interim Fire Chief and approving Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and David Segura Statement of Issue: The City is in the process of conducting a nationwide recruitment to fill the Fire Chief vacancy created by the retirement of the former Fire Chief on July 26, 2019. The City Manager recommends the City Council extend the appointment of David Segura as Interim Fire Chief until the recruitment process concludes. Financial Impact: No additional appropriation is requested. Funding is included in the FY 2019-20 budget. Recommended Action: A) Adopt Resolution No. 2019-94, "A Resolution of the City Council of the City of Huntington Beach Extending the Appointment of David Segura as Interim Fire Chief;" and, B) Approve and authorize the City Manager to execute the "Amendment No. 1 to Employment Agreement Between the City of Huntington Beach and David Segura." Alternative Action(s): Do not adopt this resolution, or approve this employment agreement and direct Staff to present an alternative solution. Analysis: Fire Chief David Segura retired from City service on July 26, 2019. The City Council approved the appointment of David Segura, on August 19, 20109 as Interim Fire Chief during the time that the City conducts a nationwide recruitment to fill the vacant position. The City is currently nearing the completion of the recruitment process and the Interim appointment agreement expires on December 20, 2019. In order to maintain the continuity and integrity of City service with respect to the City's overall Fire Department operations, it is recommended that the City Council approve the extension of the current Interim Fire Chief appointment of David Segura through end of the recruitment process. City of Huntington Beach Page 1 of 2 Printed on 12/11/2019 powere204 Legistar- File #: 19-1188 MEETING DATE: 12/16/2019 This will require the adoption of Resolution No. 2019-94 and the approval Amendment No. 1 to Employment Agreement between the City of Huntington Beach and David Segura. CaIPERS requires these approvals for employment of retired annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h). The Office of Human Resources is in the process of a national recruitment for the vacant Fire Chief position. It is anticipated that the position will be filled by late January or February 2020. The hourly compensation for the position of Interim Fire Chief is $106.31 with no City-provided benefits. The interim appointment of Chief Segura is compliant with California Government Code Section 21221(h). Environmental Status: N/A Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2019-94," A Resolution of the City Council of the City of Huntington Beach Extending the Appointment of David Segura as Interim Fire Chief." 2. Amendment No. 1 to Employment Agreement between the City of Huntington Beach and David Segura 3. Employment Agreement Between The City of Huntington Beach and David Segura City of Huntington Beach Page 2 of 2 Printed on 12/11/2019 power6ZIry LegistarT" RESOLUTION NO. 2019-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING THE APPOINTMENT OF DAVID SEGURA AS INTERIM FIRE CHIEF WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement Law permits the governing body to appoint a Ca1PERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and The City Council of the City of Huntington Beach appointed David Segura as an Interim appointment retired annuitant to the vacant position of Fire Chief for the City of Huntington Beach under Government Code Section 21221(h), effective August 20, 2019; and The City Council of the City of Huntington Beach, and David Segura certify that David Segura has not and will not receive a Golden Handshake or any other retirement-related incentive; and An appointment under Government Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and The governing body has authorized the search for a permanent appointment on August 5, 2019, and This Government Code Section 21221(h) appointment shall only be made once and therefore the appointment will be extended to end on the pay period end date immediately preceding the beginning of the pay period of appointment of the permanent appointment, or by not later than May 20, 2020, whichever occurs latest; and The entire employment agreement, contract or appointment document between David Segura and the City of Huntington Beach has been reviewed by this body and approved as amended to extend the date is attached herein; and The compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and The maximum monthly base salary for this position is $18,427.07 and the hourly equivalent is $106.31; the minimum monthly base salary for this position is $14,875.47 and the hourly equivalent is $85.82; and The hourly rate paid to David Segura will be $106.31 and David Segura has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and 19-8217/218920 1 Resolution No. 2019-94 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach hereby certifies the nature of the employment of David Segura as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Fire Chief for the City of Huntington Beach by August 20, 2019,because the City of Huntington Beach requires experienced operational oversight at the department head level of its marine safety, fire suppression and fire prevention operations, including the oversight of more than 198 sworn and. non-sworn staff, and a$50M budget for FY 2019-20. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December_, 2019. M or VIE D ND AP VED INITIATED AND APPROVED City Manager C Assistant City Nlanager APPROVED AS TO City Attorney W/ 19-8217/218920 2 Res. No. 2019-94 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on December 16, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Delgleize , Hardy NOES: None ABSENT: Posey RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID SEGURA THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and David Segura, hereinafter referred to as "Segura." WHEREAS, City and Segura are parties to that certain agreement, dated August 19, 2019, entitled "Employment Agreement Between the City of Huntington Beach and David Segura," which agreement shall hereinafter be referred to as the "Original Agreement," and City and Segura wish to amend the Original Employment Agreement to extend the term of the Original Agreement, NOW, THEREFORE, it is agreed by City and Segura as follows: 1. EXTENSION OF TERM The term of the Original Employment Agreement is hereby extended to May 20, 2020. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 19-8217/218927 1 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on December 16 , 2019 D SEG�U I', H IN ON BEACH City Manager APPROVED FORM: Ci Attorney 19-8217/218927 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID SEGURA THIS AGREEMENT is entered into this 19th day of August 2019, between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and David Segura, subsequently called "Segura." RECITALS The City Manager may, subject to the approval of the City Council,appoint an Interim Fire Chief to .assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City,through the City Manager,desires to employ the services of Segura as an Interim Fire Chief of the City of Huntington Beach; and It is the desire of the City to provide compensation, establish certain conditions of employment, and to set working conditions of Segura; and It is the desire of the City to: (1) Secure and retain the services of Segura and to provide inducement for him to remain in such employment; and (2) To provide a means for terminating Segura's service at such time as he may be unable fully to discharge his duties or when City may otherwise desire to terminate his employ; and By entering this Agreement, he desires to accept employment as an Interim Fire Chief of the City. NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Segura as an Interim Fire Chief of the City to perform the functions and duties of that office including under administrative direction,providing management oversight in directing the activities and operations of the Finance Department as further set forth in the Class Specification of Fire Chief attached hereto as Exhibit "A," the Municipal Code of the City of 19-7916/210710 1 211 Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Fire Chief as the City Manager shall from time to time assign. Segura shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Segura shall serve for a definite term not to extend beyond December 20, 2019, at the pleasure of the City Manager and shall be considered as an at-will employee of the City in the capacity of retired annuitant, commencing upon execution of this agreement and adoption of Resolution No. 2019-57. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Segura at any time. (c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Segura to resign at any time from his position with the City. (d) Segura shall neither accept other employment or become employed by any other employer without the prior written approval of the City Manager. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching,writing, consulting or military reserve service performed on Segura's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Segura a fixed salary for his services rendered pursuant to this Agreement at Non-Associated Range NA0015, $106.31 per hour, of the City's classification and compensation plan or resolutions or ordinances from time-to-time enacted that govern such compensation for the position of Fire Chief. SECTION 4. OTHER BENEFITS. (a) Segura shall receive no benefits other than his hourly salary. 19-7916/210710 2 212 SECTION 5. TERMINATION. (a) The City Manager may terminate the employment of Segura at any time without advance notice, without just cause, and without payment of severance for; (i) a willful breach of this Agreement or the willful and repeated neglect by Segura to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (c) Subsequently, the decision of the City Manager as to whether reasons set forth in Section (a)(i-iii) exist or do not exist shall be final as between the parties. (e) In the event Segura voluntarily resigns, Segura shall give the City seven(7) calendar days written notice prior to the last workday, unless the City Manager and Segura otherwise agree. (f) It is understood that after notice of termination in any form, Segura and the City will cooperate to provide for an orderly transition. SECTION 6. FINANCIAL DISCLOSURE. (a) Segura shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Also, Segura shall report to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from which the City intends to make a purchase. Such reporting shall be made in writing by Segura to the City Manager within ten (10) calendar days of the execution of this Agreement and, further, within ten (10) calendar days of acquisition of that interest in real property. Additionally, Segura shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. (b) In addition, Segura shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. 19-7916/210710 3 213 SECTION 7. INDEMNIFICATION. City shall defend and indemnify Segura against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Segura's duties as an employee or officer of City, other than an action brought by City against Segura, or an action filed against City by Segura. In addition,the City shall reimburse Segura the documented reasonable expenses for the travel, lodging, meals, of Segura should Segura be subject to such, should an action be pending after termination of Segura. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Segura, and pay the amount of any settlement or judgment rendered on that action. Segura shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 8. GENERAL PROVISIONS. . (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective upon the adoption of Resolution No. 2019- 43. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. 19-7916/210710 4 214 IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Segura has signed and executed this Agreement, both in duplicate, the day and year first above written. D I SE�G IRA: CITY OF HUNTINGTON BEACH G.�ityManager APPRO=A �'ORM: i y tomey 19-7916/210710 5 215 , APPROVE (0-O- F, 1 DEL(oLEI ZE A-�SEAIT) City of Huntington Beach t JL File #: 19-879 MEETING DATE: 8/19/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Dave Kiff, Interim City Manager PREPARED BY: Michele Warren, Director of Human Resources Subject: Adopt Resolution No. 2019-57 appointing David Segura as Interim Fire Chief and approving the Employment Agreement Statement of Issue: The City is in the process of conducting a nationwide recruitment to fill the Fire Chief vacancy created by the retirement of the former Fire Chief on July 26, 2019. The City Manager recommends the City Council appoint David Segura as Interim Fire Chief until the recruitment process concludes. Financial Impact: No additional appropriation is requested. Funding is included in the FY 2018-19 and FY 2019-20 budget. Recommended Action: A) Adopt Resolution No. 2019-57, "A Resolution of the City Council of the City of Huntington Beach Appointing David Segura as Interim Fire Chief;" and, B) Approve and authorize the Mayor to execute the "Employment Agreement Between the City of Huntington Beach and David Segura." Alternative Action(s): Do not adopt Resolution No. 2019-57 and do not approve the Employment Agreement and direct Staff to present an alternative solution. Analysis: Fire Chief David Segura retired from City service on July 26, 2019. The City is in the process of conducting a nationwide recruitment to fill the position. Mark Daggett is currently serving as the Acting Fire Chief. To maintain the integrity of City service with respect to the City's overall fire service City of Huntington Beach Page 1 of 2 Printed on 8/14/2019 powereI&v Leaistar— File #: 19-879 MEETING DATE: 8/19/2019 operations, it is recommended that the City Council approve the appointment of David Segura to serve as the Interim Fire Chief until the City concludes the national recruitment to fill the vacancy. The adoption of Resolution No. 2019-57 and the execution of the employment agreement is required by CalPERS for employment of retired annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h). The Office of Human Resources has recently begun the process of launching a national recruitment for the vacant Fire Chief position. It is anticipated that the position will be filled by late November or early December, 2019. The hourly compensation for the position of Interim Fire Chief is $106.31 with no City-provided benefits. The interim appointment of Chief Segura is compliant with California Government Code Section 21221(h). Environmental Status: N/A Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2019-57 2. David Segura Employment Agreement 3. David Segura Resume City of Huntington Beach Page 2 of 2 Printed on 8/14/2019 powere LegistarT1 RESOLUTION NO. 2019-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DAVID SEGURA AS INTERIM FIRE CHIEF WHEREAS, Government Code Section 21221(h) of the Public Employees' Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and The City Council of the City of Huntington Beach desires to appoint David Segura as an Interim appointment retired annuitant to the vacant position of Fire Chief for the City of Huntington Beach under Government Code Section 21221(h), effective August 20, 2019; and The City Council of the City of Huntington Beach, and David Segura certify that David Segura has not and will not receive a Golden Handshake or any other retirement-related incentive; and An appointment under Government Code Section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and The governing body has authorized the search for a permanent appointment on August 5, 2019, and This Government Code Section 21221(h) appointment shall only be made once and therefore will end on the pay period end date immediately preceding the beginning of the pay period of appointment of the permanent appointment, or by not later than December 20, 2019, whichever occurs latest; and The entire employment agreement, contract or appointment document between David Segura and the City of Huntington Beach has been reviewed by this body and is attached herein; and The compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and The maximum monthly base salary for this position is $18,427.07 and the hourly equivalent is $106.31; the minimum monthly base salary for this position is $14,875.47 and the hourly equivalent is $85.82; and The hourly rate paid to David Segura will be $106.31 and David Segura has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and 19-7916/210708 1 Resolution No. 2019-57 NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Huntington Beach hereby certifies the nature of the employment of David Segura as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Fire Chief for the City of Huntington Beach by August 20, 2019, because the City of Huntington Beach requires experienced operational oversight at the department head level of its marine safety, fire suppression and fire prevention operations, including the oversight of more than 198 sworn and non-sworn staff, and a $50M budget for FY 2019-20. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August , 2019. •""Mayor REVIEWED AND APPROVED INITIATED APPROV �I City Manager Director of Human Resources APPROVED AS TO ORM: City Attorney ,ti.V 19-7916/210708 2 Res. No. 2019-57 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on August 19, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Hardy NOES: None ABSENT: Delgleize RECUSE: None Z&� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID SEGURA THIS AGREEMENT is entered into this 19th day of August 2019, between the City of Huntington Beach, a California municipal corporation, subsequently called "City," and David Segura, subsequently called "Segura." RECITALS The City Manager may, subject to the approval of the City Council,appoint an Interim Fire Chief to assist the City, at such salaries or compensation as the Council may by ordinance or resolution prescribe; and The City,through the City Manager, desires to employ the services of Segura as an Interim Fire Chief of the City of Huntington Beach; and It is the desire of the City to provide compensation, establish certain conditions of employment, and to set working conditions of Segura; and It is the desire of the City to: (1) Secure and retain the services of Segura and to provide inducement for him to remain in such employment; and (2) To provide a means for terminating Segura's service at such time as he may be unable fully to discharge his duties or when City may otherwise desire to terminate his employ; and By entering this Agreement, he desires to accept employment as an Interim Fire Chief of the City. NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Segura as an Interim Fire Chief of the City to perform the functions and duties of that office including under administrative direction,providing management oversight in directing the activities and operations of the Finance Department as further set forth in the Class Specification of Fire Chief attached hereto as Exhibit "A," the Municipal Code of the City of 19-7916/210710 1 Huntington Beach and the City Charter, and to perform other legally permissible duties and functions as Fire Chief as the City Manager shall from time to time assign. Segura shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Segura shall serve for a definite term not to extend beyond December 20, 2019, at the pleasure of the City Manager and shall be considered as an at-will employee of the City in the capacity of retired annuitant, commencing upon execution of this agreement and adoption of Resolution No. 2019-57. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Segura at any time. (c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Segura to resign at any time from his position with the City. (d) Segura shall neither accept other employment or become employed by any other employer without the prior written approval of the City Manager. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment. However, shall not be construed to include occasional teaching,writing, consulting or military reserve service performed on Segura's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Segura a fixed salary for his services rendered pursuant to this Agreement at Non-Associated Range NA0015, $106.31 per hour, of the City's classification and compensation plan or resolutions or ordinances from time-to-time enacted that govern such compensation for the position of Fire Chief. SECTION 4. OTHER BENEFITS. (a) Segura shall receive no benefits other than his hourly salary. 19-7916/210710 2 SECTION 5. TERMINATION. (a) The City Manager may terminate the employment of Segura at any time without advance notice, without just cause, and without payment of severance for; (i) a willful breach of this Agreement or the willful and repeated neglect by Segura to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with City; (iii) conviction of a felony. (c) Subsequently, the decision of the City Manager as to whether reasons set forth in Section (a)(i-iii) exist or do not exist shall be final as between the parties. (e) In the event Segura voluntarily resigns, Segura shall give the City seven(7) calendar days written notice prior to the last workday, unless the City Manager and Segura otherwise agree. (f) It is understood that after notice of termination in any form, Segura and the City will cooperate to provide for an orderly transition. SECTION 6. FINANCIAL DISCLOSURE. (a) Segura shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Also, Segura shall report to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from which the City intends to make a purchase. Such reporting shall be made in writing by Segura to the City Manager within ten (10) calendar days of the execution of this Agreement and, further, within ten (10) calendar days of acquisition of that interest in real property. Additionally, Segura shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. (b) In addition, Segura shall annually complete and file a Form 700 Statement of Economic Interest with the City Clerk. 19-7916/210710 3 SECTION 7. INDEMNIFICATION. City shall defend and indemnify Segura against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Segura's duties as an employee or officer of City, other than an action brought by City against Segura, or an action filed against City by Segura. In addition,the City shall reimburse Segura the documented reasonable expenses for the travel, lodging, meals, of Segura should Segura be subject to such, should an action be pending after termination of Segura. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Segura, and pay the amount of any settlement or judgment rendered on that action. Segura shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 8. GENERAL PROVISIONS. (a) The text herein, including recitals, shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective upon the adoption of Resolution No. 2019- 43. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties here. 19-7916/210710 4 IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Segura has signed and executed this Agreement, both in duplicate, the day and year first above written. D I SEG RA: CITY OF HUNTING ON BEACH ' e" ' ity Manager APPROVED A ORM: y torney 19-7916/210710 5 ,C-*131 7- i4 CITY OF HUNTINGTON BEACH su&it Hj3 CLASS SPECIFICATIONxh. TITLE: FIRE CHIEF DATE: OCTOBER, 1975 JOB CODE: 0015 EMPLOYMENT STATUS: REGULAR FULL-TIME UNIT REPRESENTATION: NON-ASSOCIATED FLSA STATUS: EXEMPT DUTIES SUMMARY To administer and direct all operations and activities of the Fire Department in order to protect the lives and property of citizens from loss due to fire related hazards or emergency medical. EXAMPLES OF ESSENTIAL DUTIES Administers all operations, activities and policies of the Fire Department; oversees all planning, organization, coordination, direction and controlling of all departmental procedures, policies and functions; determines departmental policy and provides for its implementation; oversees the preparation of the budget and approves the final products; conducts annual general inspection and detailed evaluations of fire stations; oversees the deployment, performance and evaluation of department personnel, reviews work and reports of immediate subordinates; conducts staff meetings and participates in in-service training; coordinates departmental operations with other City departments and other cities; functions as City incident officer for certain types of City emergencies; performs other tasks as assigned by the City Administrator; The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes.- Knowledge of: Modern fire fighting methods; laws, rules and regulations relating to fire control and prevention; Page 1 of 2 CITY OF HUNTINGTON BEACH surf{City CLASS SPECIFICATION TITLE: FIRE CHIEF DATE: OCTOBER, 1975 Ability to: Apply modern fire fighting methods to varied fire control and fire prevention problems; effectively lead and command subordinates; plan, initiate and carry out long- term programs in Fire Department administration, employee training, fire prevention, fire control, emergency medical care, and disaster control; plan, assign and coordinate activities performed by a large group of employees in varied fire fighting work. Education: Graduation from an accredited college or university with a degree in Public Administration, Political Science or any related field. Or the equivalent in training and experience which provides the required skills and abilities. Experience: Eight (8) years of experience including four (4) years of administrative and supervisory experience. Certification: Valid California drivers license Page 2 of 2 Dpvid A. Seaura l Professional Experienee City of Long Beach,CA Fire Department 1 { i Deputy Chief August 2012—Current € s Provide executive leadership to the Support Services Bureau with a$10 million operating budget Manage the Training Division,Emergency Medical Services(EMS)Division,Fire Communications Division and the Technology Division.Responsible for the department's promotional exams, firefighter and public safety dispatcher recruitment and hiring process. Oversee newly established Office of Professional Standards and coordinate local grant efforts, fleet maintenance and procurement. Key Achievements • w Implemented Phase I of citywide consolidation of the Police and Fire Communication Centers.Lead the consolidation process along with representatives from the City Manager's office,Police,Human Resources and the Technology departments. Outcomes will address operational efficiencies that work within budget constraints. s ■ Reformed the firefighter selection and hiring process. Established an objective merit-based selection process and included community partners to participate in the interview process, Partnered with the Civil Service Department to contract with the National Testing Network for entry-level testing. Generated cost efficiencies and also provided a well-qualified and diverse pool of candidates. ■ Reinstated and redesigned the Officer Development Program to create long-term succession planning for line supervisors.Modeled after the LAFD Leadership Academy. ■ Partnered with the Civil Service Department to overhaul the fire department's promotional exams by recording the process.This process made it feasible to sequester candidates in order to avoid information sharing. i • Served as Operations Section Chief in the Emergency Operations Center(EOC)during the SCE A power outages;providing leadership for disaster and emergency management. Implemented a city-wide Type 3 All-Hazard Incident Management Team training prograin. Partnered with City management and EOC management. Instrumental in building and maintaining productive relationships between the fire department and the community.Have received formal recognition/awards from community groups including Leadership Long Beach Institute(LLBI)and the Community Hispanic Association. 1 116 I David Segura t Page 2 t' Assistant Chief November 2011 —August 2012' i Managed the day-to-day functions of the Operations Buremi Oversaw the Operations Bureau which consisted of nine Battalion Chiefs,divided into three shifts and three districts with a daily suppression staff of 117 personnel. Managed the following specialty programs: Haz Mat, USAR,fire Boats,and Airport.Administered the annual spending plan and submittals for the UASI, MMRS,SHGP,and PSGP grants. Also,provided oversight and approval authority for the Department's facility improvements and renovations for gender accommodations. Key Achievemen is • Created and implemented an efficiency staffing model,which resulted in a daily engine and truck company reduction. I • Created and implemented vacation staffing model to reduce overtime costs. • Member of Los Angeles Area Tire Chiefs'Association(LAFCA) Operations Committee. Battalion Chief January 2010—November 2011 Managed the day-to-day operations of District 1, C-shift l Managed eight fire stations,with a total of 47 personnel.This included 2 fire boat stations,the USAR station and the Haz Mat station. Key Achievements • Administered the department'.s Haz Mat program and the only specialty program provided with a line item budget. • Responsible for$55,000 budget for the procurement of advanced technological equipment to enhance Haz Mat mitigation and public and firefighter safety. • Coordinated advanced HazMat/CBRNE/WMD department training classes. ■ Instrumental in ensuring that the Haz Mat program was properly staffed and equipped to obtain a State Type-3 rating. Captain September 2001--September 2002,January 2004—December 2009 Supervisory duties and responsibilities Responsible for establishing LBFD's first-ever Haz Mat Station—4 personnel staffed an engine and a Haz .. Mat company.Also supervised a station with 6 personnel--an engine company and a BLS ambulance, Supervised a station with 10 personnel—an engine and truck company and a paramedic rescue. t, f Ii 117 I 1 David Segura Page 3 a Key Achievements m Assisted in creating, developing,and implementingLBFD's new hazardous materials emergency response program, f • Implemented and managed the department's USAR K-9 program. • Served as a key instructor in the initial department-wide rapid interventionlTIC and firefighter survival training. i ® Administered Ambulance Operators'training classes as an academy class coordinator. ■ Involved in numerous phases of firefighter and ambulance operator recruitment and hiring. Training Officer(Captain) September 2002—January 2004 Responsible for in-se7vice and recruit training KeyAehievemenis Served as a class coordinator responsible for managing 6 training officers and 28 recruits. Responsible for all recruit coaching and counseling sessions and written reports. ,1 Tirefrgh ter/Paratnedic October 1987—September 2001 Assumed fir•efigl?terlpar aniedic duties and responsibilities Key Achievements Preceptor responsible for training numerous LBFD employees and outside agency paramedics. It Assisted the Civil Service Department with firefighter reemitrnent. i Vice President,Tlrefrghters'Association January 1992—December 1998 Represented members fairly and effectively in relation to wages, benefits, and working conditions F Key Achietpernents i# ■ Played a key leadership role in negotiating multi-year contracts. ■ Member of the City's insurance advisory committee comprised of employee group and City Management representatives. Represented employees through the disciplinary and grievance process. 's 118 F David Segura Page A Firefighter April 1986—October 1987 ,lssumedfrrefrghter duties and responsibilities Key Achievements ■ Provided bilingual public instruction of basic first-aid and CPR through the American Heart Association and the Long Beach Fire Department. R Assisted the Civil Service Department with firefighter recruitment. City of Inglewood, CA Fire Department Firefrghter/Paranredic,Firefighter October 1983—April 1986 California Department of Forestry(Cal Fire) Seasonal FirefrghteMEMT June 1983—September 1983 Education Master of Public Administration California State University,Long Beach (In progress) Bachelor of Science,Occupational Studies California State University,Long Beach Hazardous Materials Specialist California Specialized Training Institute Urban Search and Rescue Technician California State Fire Marshall Associate of Science,Fire Science Long Beach City College,California I+ire Officer California State Fire Marshal EMT/Paramedic Paramedic Training Institute, County of Los Angeles 119 I+ David Segura Page 5 Community Service Board Member(Government Relations Chair)of the Conservation Corps of Long Beach Board Member(President)of the Friends of Long Beach Firefighters,Inc. Board Member of the Leadership Long Beach Institute(2011 —12) Boys and Girls Club of I.,ong Beach, Career Development Committee(2011 —12) i Credentials and Certifications California State Board of Fire Services—Assistant Safety Officer,HazMat California State Board of Fire Services—Strike Team Leader(Engine) Los Angeles County Paramedic Preceptor Training Basic First Aid/CPR Instructor(English and Spanish) California State Board of Fire Services—Firefighter 11 California State Board of Fire Services—Firefighter I Professional Affiliations Leadership Long Beach Institute Graduate/Alumni International Association of Fire Chiefs International Association of Firefighters California State of Firefighters Association California Professional Firefighters s Honors and Awards Elected as one of 25 LLBI alumni having most impact in the community(2014) l Honored with the Excellence in Public Safety Award by the Community Hispanic Association(2015) Other 3 Fluent in Spanish Serve as LBFD spokesperson for Spanish media as needed m t i it I 120 I` r