Vogt, Chris/Employment Agreement PW Director 96THIS E L Yl
day of
"Employer"), and Chris
follows:
WHEREAS, the
Works Director/City Enl
EMPLOYMENT AGREEMENT
4T AGREEMENT (the "Agreement") is made and entered into this
%, by and between the City of La Quinta, a public body (the "City" or
Vogt, an individual (the "Employee"), both of whom understand as
WITNESSETH:
desires to employ the services of said Chris A. Vogt as the Public
as defined by the Job Description herein attached as Exhibit A; and
WHEREAS, it is the desire of the City to establish certain conditions of employment and to
set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as Public Works Director/City Engineer
of said City.
NOW, THEREFO , in consideration of the mutual covenants herein contained, the parties
agree as follows: 7
Section 1. Duties.
Employer hereby agrees to employ said Chris A. Vogt as Public Works Director/City
Engineer of said City to perform the functions and duties specified in the Job Description herein
attached as Exhibit A and as provided by state or federal law and to perform other legally permissible
and proper duties and functions as the City Manager shall from time to time assign.
Section 2. Term.
A. Public Wo ks Director/City Engineer shall commence his services hereunder on
October 28, 1996, which s all also be deemed the effective date of this Agreement.
B. Nothing in t is Agreement shall prevent, limit or otherwise interfere with the right of
the City Manager acting for the City to terminate the services of Employee at any time, with or
without cause subject only to the provisions set forth in Section 4, paragraphs A and B, of this
Agreement. Public Works Director/City Engineer is an "at -will" employee serving at the pleasure
of the City Manager and subject to summary dismissal without any right of hearing, including any
Skelly hearing.
C. Nothing in t is Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at ar y time from his position with Employer, subject only to the provision set
forth in Section 4, paragraph C, of this Agreement.
D. Employee, 'th prior written approval of the City Manager, may undertake outside
professional activities for compensation, including consulting, teaching, speaking and writing
provided they do not interfere with Employee's normal duties and are done only during vacation or
holiday time of Employee and are not done with any existing vendors or contractors of the City.
Under no circumstances shall such outside activities create a conflict of interest with the duties of the
Public Works Director/Cit Engineer and the interests of the City.
Section 3. Suspension.
Employer may sus end the Employee with full pay and benefits at any time during the term
of this Agreement.
Section 4.
A. In the event Employee is terminated by the City Manager during such time that
Employee is willing and able to perform his duties under this Agreement, then in that event Employer
agrees that the City Manager will furnish notice of the intent to remove Employee at least thirty days
before the effective date of termination and agrees to pay Employee a lump sum cash payment equal
to three month's salary.
Employee may be termina ed for wilful misconduct; the determination of what constitutes willful
misconduct shall be within we sole discretion of the City Manager; provided, that it shall relate to the
welfare of the City. Wilfi. 1 misconduct includes conduct directly related to conduct in office and
directly related to the duties of the office. It includes the refusal to follow the lawful directions of the
City Manager. It also inclu Jes conduct not directly related to the performance of the official duties
of the office when such con uct has a direct and harmful effect on the welfare of the City. Evidence
of such direct and harmful effects includes but is not limited to, conviction of a felony. In the event
that Employee is terminated for wilful misconduct, Employer shall have no obligation to pay the
severance sum designated n the paragraph above.
B. In the eve t Employer at any time during the term of this Agreement reduces the
salary or other financial benefits of Employee in a greater percentage than an applicable across-the-
board reduction for all employees of Employer, or in the event Employer refuses, following written
notice, to comply with any other provision benefiting Employee herein, or the Employee resigns
following a formal suggestion by the City Manager that he resign, then, in that event, Employee may,
at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply
within the meaning and context of the severance pay provision in paragraph A above.
C. In the eve t, Employee voluntarily resigns his position with Employer before
expiration of the above -referenced term of his employment, then Employee shall give Employer thirty
(30) days written notice in advance, unless the parties otherwise agree.
Section 5. Disabil4.
If Employee is permanently disabled or is otherwise unable to perform his duties because of
sickness, accident, injury, mental incapacity or health for a period of six successive weeks beyond any
accrued sick_ leave or for the legal duration of the Family & Medical Leave Act (whichever is
greatest), Employer shall have the option to terminate this Agreement. Termination pursuant to this
Section would not subject the City to payment of severance benefits as specified under Section 4
above. However, Employe shall be compensated for any accrued sick leave, vacation, holidays,
administrative leave and other accrued benefits on the same basis as any other employee of the City
pursuant to the Personnel rules.
Section 6. Salary.
A. Employer agrees to pay Employee for his services rendered pursuant hereto the salary
schedule of Range 80, Step D ($78,684.00 annually) payable in equal installments at the same time
as other employees of the Employer are paid. Salary may be adjusted in accordance with Section 6.
B. hereinafter, or as adjustments are made to the Salary Schedule for all City employees.
B. Six (6) calendar months following the effective date of this Agreement, the City
Manager shall review and evaluate the performance and salary of the Public Works Director/City
Engineer. An annual performance and salary evaluation shall be conducted twelve (12) months
following the date of the initial review, and each year thereafter. All performance and salary
evaluations shall be condu ted in accordance with the City's Personnel Rules.
Section 7.
It is recognized thaEmployee must devote time outside the normal office hours to business
of the Employer. Administrative leave shall be as provided in the City Personnel Rules.
Section 8. Automobile.
Employee shall pro de his own automobile. City shall provide a $200.00/month automobile
allowance as well as gas a d maintenance reimbursement pursuant to the City approved policy.
Section 9.
Employee shall acce, and have credited to his personal account, vacation and sick leave as
provided for the Public W rks Director/City Engineer pursuant to the Personnel Rules.
Section 10.
Employee shall be T rovided with the same health, dental, vision, life insurance and retirement
benefits as other general employees of the City. Employee shall be entitled to reimbursement of
actual packing and moving costs of his family household goods, in an amount not to exceed $3,500.
Section 11.
A. The City M ager, in consultation with the Public Works Director/City Engineer, shall
fix any such other terms and conditions of employment, as it may determine from time to time,
relating to the performanc of Employee, provided such terms and conditions are not inconsistent
with or in conflict with the rovisions of this Agreement, the Municipal Code or any applicable state
or federal law.
B. All regulat ons and rules of the Employer relating to vacation and sick leave,
retirement and pensions stem contributions, holidays and other fringe benefits and working
conditions as they now exist or hereafter may be amended, also shall apply to Employee as they
would to other employees of Employer, in addition to said benefits enumerated specifically for the
benefit of Employee excep as herein provided.
Section 12. Sole Rights.
The severance rig is provided in Section 4 shall constitute the sole and only entitlement of
the Public Works Director/City Engineer in the event of the termination, other than for cause, and
Public Works Director/City Engineer expressly waives any and all other rights except as provided
herein.
Section 13. Notices
Notices pursuant t this Agreement shall be given by deposit in the custody of the United
States Postal Service, pos age prepaid, addressed as follows:
EMPLOYER:
EMPLOYEE
Alternatively, nol
same manner as is applic
of personal service or as
in the United States Post
Section 14. General Pro
A. The text 1
B. This Agre
executors of Employee.
CITY OF LA QUINTA
Post Office Box 1504
La Quinta, California 92253
CHRIS A. VOGT
3155 McKinley Avenue
San Bernardino, California 92404
:es required pursuant to this Agreement may be personally served in the
)le to civil judicial practice. Notice shall be deemed given as of the date
f the date of deposit of such written notice in the course of transmission
Service.
shall constitute the entire Agreement between the parties.
shall be binding upon and inure to the benefit of the heirs at law and
C. If any pr vision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or enforceable, the remainder of this Agreement, or portion thereof, shall
be deemed severable, shal not be affected and shall remain in full force and effect.
IN WITNESS A
and executed in its beha
signed and executed this
:EOF, the City of La Quinta has caused this Agreement, to be signed
its Mayor, and duly attested by its City Clerk, and the Employee has
;ement, both in duplicate, the day and year first above written.
ATTEST:
Clerk
APPROVED AS TO
City Attorney
EMPLOYER:
CITY OF LA QUINTA
Its: Mayor
EMPLOYEE:
1-7
THE CITY OF LA QUINTA
Under executive direct
Works Department to i
maintenance units; prc
Manager, City Council
implements departmer
objectives within genes
C. WORKS DIRECTOR/CITY ENGINEER
, organizes, plans, directs and reviews the activities of the City's Public
ude the administration, engineering and inspections, and operation and
les technical and professional support to other City Departments, City
d various Commissions and Committees. Recommends, establishes and
objectives; assists in establishing and implementing City goals and
policy guidelines.
This job class functions at a department director level. Employees in this classification exercise
overall responsibility for policy development, program planning, fiscal management,
administration and operat on of the units in the Department consistent with overall City goals, and
objectives policies and procedures. This classification manages subordinate managers, engineer,
clerical and maintenance staff.
REPORTS TO: City
The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive.
Other duties may be required and assigned.
► Directs and partic pates in the development and implementation of the Department's goals,
objectives, policies and procedures;
► Directs all Public, Works engineering activities, including contracted and in-house plan
review, design, surveying and inspection;
► Directs the cons uction, operations, and maintenance activities of the City;
► Directs the preparation of and implements the Capital Improvement Program; reviews and
approves all capital improvement program project plans and specifications for contract
purposes;
► Reviews the fee cture in terms of legal compliance;
► Reviews proposals, makes recommendations, and directs the selection of contractors;
► Reviews and recommends approval of plans, engineering reports, budget estimates and
proposed ordinances submitted by department staff and consulting engineers;
► Supervises clerical and technical staff including instructing, recruiting, selecting, and
allocating employees, reviewing and planning work, maintaining standards, coordinating
activities, and transferring or promoting employees; recommends salary increases and
discipline; writes performance appraisals;
► Develops and manages the department budget;
City of La Quinta:
of Public Works/City Engineer
► Attends City Cot
Manager and exec
► Appears before r
Citizen Response
► Directs the annu,
District;
► Performs various
► Prepares coopera
► Approves requisii
► Prepares survey/i
► Evaluates stop sil
► Coordinates field
A Bachelors degree in Ci
works, public utility, cil
including construction, d
equivalent combination o
and abilities.
-il meetings; develops comprehensive recommendations for the City
tive staff;
Aic and private agencies to present and discuss policies; directs the
rogram; responds to difficult citizen inquires and complaints;
preparation of the engineers' report for the Landscape and Lighting
essential duties as required.
e agreements with other agencies;
n and purchase orders;
:)rmation requests for other agencies;
warrants;
ew schedules.
I Engineering; 5 years of progressively responsible experience in public
engineering, administration, operation, methods and procedures and
Ring, and budgeting; at least three years in supervisory capacity; or any
training and experience which provides the required skills, knowledge
Possession of, or ability to obtain, a valid Class C California Drivers License.
Possession of, or ability to obtain, a certificate of registration of a professional civil
engineer in the S to of California.
Knowledge of.-
► principles and
construction of
► methods, mates
► principles and 1
► recent develop
works administ
► principles of of
Physical Requirements:
• Ability to opera
personal compw
• Ability to use a
• Ability to use fu
or word process
tices of engineering and administration as applied to the design and
lic work facilities, and to technical inspection services;
and techniques employed in public works construction;
.ices of public administration;
s, current literature and sources of information in municipal public
administration, budget and personnel management.
a variety of tools, equipment and vehicles, including adding machine,
copier, and fax;
riety of clerical supplies and forms;
and gross motor coordination in performing writing, driving and typing
City of La Quinta: Directo� of Public Works/City Engineer
• Ability to exert light physical effort in sedentary to light work involving sitting, walking
or moving from o e place to another and standing.
Supervisorial Responsibi hies:
• Ability to assign, review, plan and coordinate the work of other employees;
• Ability to provide: instruction and guidance to staff; and promote staff development and
motivation; analyze problems that arise in the areas under supervision and recommend
solutions;
• Ability to recommend the discipline or discharge of staff, approve transfers or promotion
of employees;
• Ability to assess the work of employees and write performance appraisals.
Mathematical Ability:
• Ability to calculate decimals, ratios, percentages and fractions; ability to calculate and
apply college school level algebra, trigonometry and geometry.
• Ability to comput and apply calculations involving formulas and variables.
Judgement and Situation l Reasoning Ability:
• Ability to apply concepts of rational thinking in budgeting;
• Ability to apply principles of influence systems, i.e. supervision;
• Ability to apply principles of synthesis functions in development of Departmental goals and
objectives;
• Ability to use ind pendent judgment in fairly non -routine situations, such as supervising
personnel in completing complex projects.
Language Ability and Interpersonal Communication:
• Ability to comprehend and correctly use a variety of informational documents including
City Council reports, expenditure reports, purchase order requests, engineers reports,
plans and specification, invoices, employee evaluations and customer complaints;
• Ability to prep a budget, executive summaries, City Council reports, employee
performance eval tiations, cooperative agreements and specifications using prescribed
format and confoi ming to all rules of punctuation, grammar, diction and style;
• Ability to compre end a variety of reference books and manuals including state standard
specifications and details, traffic manual, highway design manual, municipal code, streets
and highway cod , Subdivision Map Act, and computer manuals;
• Ability to commmucate and maintain effective working relationships with local residents,
Planning Commission members, attorney, consultants, coworkers, City Manager,
contractors, and other City personnel verbally and in writing;
• Ability to prepare and present accurate, concise reports to Commissions and City council.
Environmental Adaptability:
• Ability to work p imarily in an office environment.
City of La Quinta: Director of Public Works/City Engineer
The City of La Quin is an Equal Opportunity Employer. In compliance with the
Americans With Disa ilities Act, La Quinta will provide reasonable accommodations to
qualified individuals with disabilities and encourages both prospective employees and
incumbents to discuss potential accommodations with the employer.
January, 1996