CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.
D. Amendment. This Agreement may not be amended except in a written document signed by Employee, approved by the City Council and signed by the City's Mayor.
E. Assignment. Employee shall not assign any rights or obligations under this Agreement, nor any interest in it. City may, upon prior written notice to Employee, assign its rights and obligations hereunder.
F. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.
G. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.
H. Attorneys' Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys' fees, costs, and all other litigation costs.
I. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
J. Acknowledgement of Statutes That May Affect Employment Relationship. City and Employee acknowledge that, in addition to the statutes previously referenced in this Agreement, the following statutes shall govern this employment relationship under the circumstances described in the statutes:
a. Government Code section 53243 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Jones, that provides paid leave salary offered by the local agency to the officer or Employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or Employee is convicted of a crime involving an abuse of his or her office or position.
b. Government Code section 53243.1 states that on or after January 1, 2012, any contract executed or renewed between a local agency, such as the City, and an officer or Employee of a local agency, such as Employee that provides funds for
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City the legal criminal defense of an officer or Employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or Employee is convicted of a crime involving an abuse of his or her office or position. c. Government Code section 53243.3 states that on or after January 1, 2012, if a local agency, such as the City, provides, in the absence of a contractual obligation, for any of the payments described in the corresponding article of the Government Code, then the Employee or officer, such as Employee, receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the Employee or officer is convicted of a crime involving the abuse of his or her office or position.
d. Government Code sections 87100 et seq., section 1090 and section 1126, and all other similar statutory and administrative rules, prohibit conflicts of interest.
During the term of this Agreement, Jones shall comply with all those requirements of law, and shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement.
Jones represents that he has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to him, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position.
K. Independent Legal Advice. City and Jones represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and City and Jones further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel.
L. Further Assurances. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City M. Binding Effect. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
N. Non-Interest. With the exception of Employee, no officer or employee of the City shall hold any interest in this Agreement (California Government Code section 1090). [Signature Page Follows]
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and Employee has signed and executed this Agreement, as of the date written below.
Dated 03).2Ld ;JJ'J :;;_~ CITY OF ARVIN
Dated: --- EMPLOYEE --
By:
Jeff Jo~
:: RM_= ___ _
HODGES, ESQ.
City Attorney
Attachments:
Exhibit "A": Finance Director Job Description
Exhibit "B": City Manager Job Description
Exhibit "C": Agreement of Separation, Severance, and General Release
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City DEPARTMENT:
FLSA STATUS:
UNIT:
GRADE:
JOB SUMMARY
ADMINISTRATION
EXEMPT
UNREPRESENTED
City of Arvin
CITY MANAGER
Under policy direction, acts for the City Council in planning, directing, coordinating, and reviewing the activities and operations of the departments and appointed officers of the municipal government; to provide professional leadership in the management of the City and execution of City policies; to provide effective municipal services through the coordination and direction of all City activities, finances and personnel; and to provide administrative support to the City Council and City departments.
DISTINGUISHING CHARATERISTICS
The City Manager is appointed by the City Council and serves as the Chief Executive of Arvin's municipal government.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council. Exercises supervision, either directly or through subordinate supervisors, over assigned management, supervisory, professional, technical, and administrative support personnel.
EXAMPLE OF ESSENTIAL FUNCTIONS (Illustrative only)
• Acts as Chief Executive Officer of the City.
• Prepares and submits to the City Council annual reports of financial and administrative activities; keeps the City Council advised of financial conditions, program progress, and present and future needs of the City.
• Develops, plans, and implements, with Council participation, City goals and objectives as well as policies and procedures necessary to provide municipal services; approves new or modified programs, systems, administrative/personnel policies, and procedures. • Directs the development, presentation, and administration of the City budget; prepares and oversees the financial forecast of funding needed for staffing, equipment, materials, and supplies; monitors revenues and expenditures; make midyear adjustments. • Prepares agenda for and attends meetings of the City Council; assesses the needs of the community, advises the City Council, and recommends suitable measures. • Conducts continuous research in administrative practices and recommends to the City Council those practices which will produce greater efficiency and economy in City government.
• Appoints, trains, motivates, and evaluates employees; establishes performance objectives; prepares and presents employee performance reviews; implements discipline procedures;
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City City Manager
recommends employee terminations; hears and rules on employee appeals of disciplinary actions.
• Directs and confers with department heads concerning administrative and operational problems; makes appropriate decisions or recommendations for City Council adoption. • Oversees the enforcement of all City ordinances; monitors all contractual agreements with franchises and contractors; oversees the procurement and purchase of all supplies and equipment for all City departments.
• Supervises the operation of such administrative services as the Council may determine shall be rendered centrally.
• Represents the City Council as assigned in relationships with other governmental agencies. • Prepares a long-term plan of capital improvements with plans for their financing. • Administratively directs the activities of the City Clerk. • Regular and timely attendance.
• Performs other duties, as required.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Equivalent to a four (4) year degree from an accredited college or university in Public Administration, Planning, Business Administration, Public Finance, Law, or other closely related field; Master's Degree preferred.
Experience:
Seven (7) years of progressively responsible experience in municipal government including three (3) years as a department head or Assistant City Manager.
Licenses and Certificates:
• Valid California driver's license and satisfactory driving record.
Knowledge of:
• Modern and highly complex principles and practices of municipal government administration, departments, organization and economic development functions and services.
• Current social, political, and economic trends and operating problems of municipal government.
• The history, functions, and goals of municipal governments. • Pertinent federal, state and local laws, codes, and regulations. • Principles and practices of municipal budget preparation and administration. • Principles of effective public relations and interrelationships with community groups and agencies, private businesses and firms and other levels of government. • Principles and practices of program development and administration.
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City City Manager
• Government, council, and local and state legislative processes. • Organizational and management practices as applied to the analysis and evaluation of City programs, policies, and operational needs.
• Methods and techniques for goal setting and program evaluation. • Principles of supervision, training, and performance evaluation. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Ability to:
• Develop and administer City-wide goals, objectives, policies, procedures, work standards, and internal controls.
• Provide effective leadership and coordinate the activities of the municipal organization. • Serve effectively as the administrative agent of the City Council. • Analyze, interpret, summarize and present administrative and technical information and data in an effective manner.
• Assess situations, exercise sound judgment and take appropriate action, remaining cognizant of the City's confidentiality requirement and the City's public relations policy. • Identify and respond to sensitive community, organizational, and City Council issues, concerns, and needs.
• Respond to inquiries or complaints and explain regulations and procedures to the public, members of the business community, and representatives of other agencies and organizations.
• Select, supervise, and evaluate assigned staff.
• Interpret and apply federal, state, and local policies, laws, and regulations. • Develop, prepare, and administer a large municipal budget. • Communicate clearly and concisely, both orally and in writing. • Use a computer to generate reports and presentations, office correspondence including e-mail, and special documents. • Prepare clear and concise administrative, staff, and financial reports. • Gain cooperation through discussion and persuasion.
• Demonstrate tact and diplomacy with the public.
• Establish and maintain cooperative working relationships with City Council members, staff, committee members, public officials, business leaders and the public.
WORKING CONDITIONS
The work environment characteristics 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.
Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City City Manager
prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.
HISTORY
Approved by:
Date:
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City City Manager
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City City of Arvin
FINANCE DIRECTOR
DEPARTMENT:
FLSA STATUS:
UNIT:
GRADE:
JOB SUMMARY:
FINANCE DEPARTMENT
EXEMPT
UNREPRESENTED, DEPARTMENT HEAD
Under administrative direction, directs all activities of the Finance Department including planning, organizing, directing, coordinating, and reviewing the activities and operations of the department including Accounting, Treasury, Purchasing, Property Management, Information Technology, and Transportation; acts as Treasurer for the Redevelopment Agency; provides professional leadership in the financial management of the City and execution of City financial policies.
DISTINGUISHING CHARATERISTIC
The Finance Director is a department head classification with overall responsibility for the activities of the Finance Department. The incumbent is accountable, through subordinate managers and supervisors, for accomplishing all department goals, and for furthering City goals and objectives within general policy guidelines.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Manager. Exercises supervision, either directly or through subordinate supervisors, over assigned management, supervisory, professional, technical, and administrative support personnel.
EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
• Acts as Chief Financial Officer of the City.
• Develop, plan and implement department goals and objectives; recommend and administer policies and procedures.
• Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Manager and City Council; prepare and present staff reports and other necessary correspondence. • Direct, oversee and participate in the development of the Department's work plan; assign work activities, projects, and programs; monitor work flow; review and evaluate work products, methods, and procedures.
• Supervise and participate in the development and administration of the City and Finance Department's annual operating budget and capital improvement budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures; implement mid-year adjustments.
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Finance Director
• Develop and implement long and short-term strategic plans in support of department and City-wide goals and objectives.
• Oversee the preparation of documentation related to the refinancing of existing debt and the issuance of new debt; direct the preparation of financial reports as required by law; prepare various financial reports and analyses requested by the City Manager and City Council. • Review, evaluate and recommend improvements to the City's administrative and financial internal control systems and procedures and ensure audit compliance. • Direct the design, implementation, and control of automated financial systems. • Oversee the general accounting functions of the City; provide financial support and assistance to City departments; ensure compliance with internal controls and standard accounting practices.
• Select, train, motivate and evaluate personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures; maintain discipline and high standards necessary for the efficient and professional operation of the Department. • Represent the Department to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
• Research and prepare technical and administrative reports and studies; prepare written correspondence as necessary.
• Regular and timely attendance.
• Performs other duties, as required.
MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:
Education:
Equivalent to a four (4) year degree from an accredited college or university in public or business administration, finance, accounting, or a related field, including a minimum of twenty-four (24) semester units of accounting.
Experience:
Five (5) years of experience in a responsible financial capacity involving responsibility for the planning, organizing, and execution of a varied financial program in governmental accounting and financial reporting.
Licenses and Certificates:
Valid California driver's license and a satisfactory driving record.
Knowledge of:
• Generally accepted accounting principles and financial reporting for various transaction types.
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Finance Director
• Principles and practices of internal control procedures and practices as they apply to a public agency.
• Principles and methods of finance administration, particularly in the areas of accounting, budgeting, auditing, purchasing, central stores, treasury, utility billing, business license and customer service.
• California public agency financial practices, revenue sources and reporting. • Principles and practices of public administration, management, and organizational theories. • Principles and practices of leadership, motivation, team building and conflict resolution. • Pertinent local, state and federal laws, rules, and regulations. • Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
• Recent court decisions and how they affect department operations. • Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
Ability to:
• Plan, direct and control the administration and operations of the Finance department. • Interpret and apply Federal, State, local and department policies, procedures, laws and regulations.
• Develop and install sound accounting and related financial systems and procedures. Prepare complex financial, budgetary, and technical statements, reports, and analyses. • interpret and evaluate staff report and related documents • Respond to inquiries or complaints and explain regulations and procedures to the public, members of the business community, and representatives of other agencies and organizations.
• Select, supervise, and evaluate assigned staff.
• Develop and implement department policies and procedures. • Gain cooperation through discussion and persuasion.
• Successfully develop, control and administer departmental budget and expenditures. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
• Assess situations, exercise sound judgment and take appropriate action, remaining cognizant of the City's confidentiality requirement and the City's public relations policy. • Identify and respond to public and City Council issues and concerns. • Communicate clearly and concisely, both orally and in writing. • Provide high quality customer service.
• Establish and maintain effective working relationships with those contacted in the course of the work.
WORKING CONDITIONS
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Finance Director
The work environment characteristics 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.
Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.
HISTORY
Approved by:
Date:
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the "Agreement") is entered into effective this _ day of _ ___ _, _ _ by and between the City of Arvin, a municipal corporation ("'City" herein), and Jeff Jones ("Employee" herein).
2. RECITALS
2.1 Employee was hired by the City as an at-will City Manager effective on or about ______ _, serving at the pleasure of the of the City Council of the City pursuant to a written Employment Agreement, a copy of which is attached hereto as Exhibit "A" ("Employment Agreement"). Employee is currently _ years old.
2.2 On or about, ____ Employee provided the City with a letter of resignation, wherein Employee informed the City of his intent to resign. Thereafter, on or about the City's Council met to discuss Employee's resignation letter.
Pursuant to the Employee's resignation letter, The City and Employee desire that Employee separate from employment with the City and enter into this Agreement whereby Employee receives severance compensation in exchange for executing a general release and waiver of any and all claims that Employee may have against the City, including but not limited to, its elected and non-elected officials, Employees, attorneys, and agents. Accordingly, the parties hereto intend by this Agreement to mutually conclude any and all employment relationships between the City and Employee by means of Employee's separation as City Manager and Finance Director as of the __ day of ____ 20_. This Agreement sets forth the full and complete terms and conditions concluding Employee's employment relationship with the City and any obligations related thereto, including any provided under the Employment Agreement.
2.3 In accordance with this Agreement and with applicable state and federal laws, Employee acknowledges that Employee has been advised of Employee's post-employment rights, including but not limited to, Employee's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of 1996 (" HIP AA"), and of his rights under the Age Discrimination in Employment Act, and the Older Workers Benefit Protection Act.
3. CONSIDERATION
3.1 Employee shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the Employment Agreement, and/or all other wage compensation/benefits owed to Employee upon separation of employment, as required by state, federal or municipal law or any other Agreement with the City.
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City
3.2 In exchange for the waivers and releases set forth herein, the City shall cause to be paid to Employee an additional compensatory payment as severance pay by means of a lump sum payment of _______ ($ ____ _, , as set forth in in the form of a check made payable to Employee to be mailed to Employee at Employee's home address via certified mail return receipt requested within thirty (30) business days after the Effective Date (as defined below) of this Agreement. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by the City. Additionally, the City shall cause to be paid to Employee an amount equal to the Premium Payments for one (1) year of health, dental and vision insurance, at the same level Employee was provided during his employment.
3.3 In exchange for the severance payment provided for herein, Employee, and on behalf of Employee's Spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges the City, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and such of them (hereinafter referred to as "the City Parties"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, Agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which Employee now has or may acquire in the future, or which Employee ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the effective date of this Agreement (hereinafter referred to collectively as "Claims"), without regard to whether such Claims arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. Employee expressly acknowledges that the Claims forever barred by this Agreement specifically include, but are not limited to, claims based upon any alleged breach of the contract or any other Agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIP AA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act or any claim or cause of action including but not limited • to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code§§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or Employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers' compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Furthemlore, nothing herein shall be interpreted as a release or waiver of the City's statutory obligations relative to providing defense and indemnification of public Employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.
4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA'") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, et. seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this Agreement, Employee acknowledges that Employee knowingly and voluntarily, for just compensation in addition to anything of value to which Employee was already entitled, waives, and releases any rights he may have under the ADEA and/or OWBP A. Employee further acknowledges that Employee has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/release is written in a manner understood by Employee; b) Employee is aware of, and/or has been advised of, Employee's rights under the ADEA and OWBPA, and of the legal significance of Employee's waiver of any possible claims Employee currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
c) Employee is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement and the waiver and release of any rights Employee may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of Employee's own discretion, sign or reject this Agreement at any time before the expiration of the twenty-one (21) days;
d) The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement;
e) Employee has been advised by this writing that Employee should consult with an attorney prior to executing this Agreement;
f) Employee has discussed this waiver and release with, and been advised with respect thereto by, Employee's counsel of choice or at least had the opportunity to do so, and Employee represents by signing this Agreement that Employee does not need any additional time within which to review and consider this Agreement;
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City g) Employee has seven (7) days following Employee's execution of this Agreement to revoke the Agreement;
h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the City pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreement of Severance and General Release;" and i) This Agreement shall not be effective until all parties have signed the Agreement and ten ( 10) days have passed since Employee's execution of same ("Effective Date").
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3, and 4 above, Employee understands that California Civil Code section 1542 reads as follows:
"GENERAL RELEASE--CLAIMS EXTINGUISHED"
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HA VE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."
Employee hereby waives the protection of California Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
Employee hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this Agreement represents and warrants to, and agrees with, each other party as follows:
7.1 Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this Agreement or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this Agreement, that they have read this Agreement; that they have had this Agreement fully explained to them by such counsel or have had such opportunity to do so and that they are fully aware of the contents of this Agreement and of its legal effect.
7.2 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City any statement or representation to any other party regarding any fact relied upon in entering into this Agreement, and neither party relies upon any statement, representation, omission or promise of any other party in executing this Agreement, or in making the settlement provided for herein, except as expressly stated in this Agreement.
7.3 Independent Investigation: Each party to this Agreement has made such investigation of the facts pertaining to this settlement and this Agreement and all the matters pertaining thereto, as it deems necessary.
7.4 Mistake Waived: In entering into this Agreement, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this Agreement was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this Agreement. This Agreement is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5 Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that Employee fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against the City or the City Parties. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6 Indemnification: Employee agrees to indemnify and hold harmless the City or the City Parties from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this Agreement. Employee understands and agrees that Employee shall be exclusively liable for the payment of all taxes for which Employee is responsible, if any, as a result of Employee's receipt of the consideration referred to in Paragraph 3 of this Agreement. In addition, Employee agrees fully to indemnify and hold the City Parties harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this Agreement.
7.7 Future Cooperation: Employee shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this Agreement.
7.8 Return of Confidential Information and Property: Prior to the separation all City keys, equipment, passwords, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by Employee during the course
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City of Employee's employment with the City shall be provided by Employee to the Finance Director or designee.
7.9 No Pending Claims and/or Actions: Employee represents that Employee has not filed any complaints or charges against the City or the City Parties with any local, state or federal agency or court; that Employee will not do so at any time hereafter for any claim arising up to and including the Effective Date of this Agreement; and that if any such agency or court assumes jurisdiction of any such complaint or charge against the City or the City Parties on behalf of Employee, whenever or where ever filed, Employee will request such agency or court to withdraw from the matter forthwith. Nothing herein shall be interpreted as a release or waiver of any workers' compensation claims or in any way prohibit or prevent Employee from participating in any claims or administrative action brought by a state or federal agency.
7.10 Ownership of Claims: Employee represents and warrants as a material term of this Agreement that Employee has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants and represents that none of the Claims released by Employee thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this Agreement, and that it is not violating the terms or conditions of any other Agreement to which they are a party or by which they are bound by entering into this Agreement. The parties represent that they will obtain all necessary approvals to execute this Agreement. It is further represented and agreed that the individuals signing this Agreement on behalf of the respective parties have actual authority to execute this Agreement and, by doing so, bind the party on whose behalf this Agreement has been signed.
7.13 Unemployment: Nothing in this Agreement shall limit Employee's ability to apply for unemployment benefits.
8. MISCELLANEOUS
8.1 No Admission: Nothing contained herein shall be construed as an admission by the City of any liability of any kind. The City denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2 Governing Law: This Agreement has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City The Parties agree that the exclusive jurisdiction for any legal proceeding arising out of or relating to this Agreement shall be the Kem County Superior Court and all Parties hereby waive any challenge to personal jurisdiction or venue in that court.
8.3 Full Integration: This Agreement is the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written Agreements and discussions. This Agreement may be amended only by a further Agreement in writing, signed by the parties hereto.
8.4 Continuing Benefit: This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5 Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the parties agree that same shall not be construed against any party.
8.6 Severability: In the event that any term, covenant, condition, provision, or Agreement contained in this Agreement is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or Agreement shall in no way affect any other term, covenant, condition, provision or Agreement and the remainder of this Agreement shall still be in full force and effect.
8.7 Titles: The titles included in this Agreement are for reference only and are not part of its terms, nor do they in any way modify the terms of this Agreement.
8.8 Counterparts: This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all parties. Delivery of executed originals of this Agreement, as well as any instrument contemplated in connection with this Agreement, may be affected by facsimile and/or electronic transmission, and in such event, copies of executed originals so delivered may be used in place of, and shall have the same force and effect as, the executed originals.
8.9 Notice: Any and all notices given to any party under this Agreement shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
City: City Of Arvin
City Hall
200 Campus Drive
Arvin, California 93203
Employee: Jeff Jones
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Address set forth in Employee's Personnel
File. If no address is in the Personnel File,
notice may be sent to Employee's business or
home.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
Dated: ----- "Employee"
By: _ _ ___ ___ ___ _
JEFF JONES
Dated: - ---- City of Arvin
By: ___ _ _ ____ __ _
Name: - - ---- ----- --
Title: Mayor
APPROVED AS TO FORM:
For City:
By: _ _ _________ _
Name:
------ -------
Title: City Attorney
For Employee (ifrepresented):
By: _______ ______ _
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City Name: _ _ _ _ _ _ _ _ _ _ _
Title: - ---- -------
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
6.B.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (First Amendment to City
Staff Report re City/Successor Agency re Caltrans Section 83 Quitclaim Deeds.
CITY OF ARVIN
Staff Report
Meeting Date: November 17, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Acting as the Successor Agency to the Arvin Community Redevelopment Agency Ratifying and Authorizing the Execution of Certain Quitclaim Deeds to the State of California, Department of Transportation, for Route 223 Improvements Pursuant to Streets and Highways Code Section 83.
BACKGROUND:
The California Department of Transportation (Caltrans) is improving State Route 223within the City of Arvin and has requested record-clearing right-of-way deeds from the City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency for small strips of land lying within the adopted state-highway alignment.
Each of the requested deeds is identified as a “Section 83” conveyance and provides that the conveyance is without compensation, consistent with Streets & Highways Code § 83. Caltrans has prepared and provided the City/Successor Agency with 10 quitclaim deeds for the following parcels: Caltrans parcels numbers 89431, 89436, 89441, 89442, 89454, 96025, 100014, 100015, 100016, and 100122 (collectively, the “Caltrans § 83 Deeds”), each of which includes Caltrans’ certificate of acceptance pursuant to Government Code § 27281.
These conveyances are ministerial, record-clearing actions required to perfect Caltrans’ right-of-way for State Route 223, and it is in the City/Successor Agency’s interest to create a clear record for the County Recorder and for audit purposes.
STAFF RECOMMENDATION:
Staff recommends that the Council adopt the Resolution to ratify, approve, and authorize the execution and delivery of the Caltrans §83 deeds to Caltrans, along with any substantially similar ministerial right-of-way deeds requested by Caltrans for the Route 223 project. These deeds must be expressly identified as “without compensation” and executed pursuant to Streets & Highways Code §83. Additionally, staff recommends authorizing the City Manager, Successor Agency Executive Director, or their designee to execute the Caltrans §83 deeds and any related certificates, acknowledgments, or transmitting documents, and to take all necessary ministerial actions to ensure the deeds are recorded by the Kern County Recorder.
FINANCIAL IMPACT:
None. These are ministerial right-of-way transfers under Streets & Highways Code § 83.
ATTACHMENT:
Resolution Ratifying and Authorizing the Execution of Certain Quitclaim Deeds to the State of California, Department of Transportation, for Route 223 Improvements Pursuant to Streets and Highways Code Section 83.
7.A.1
Attachment: Staff Report Caltrans Section 83 Deeds_11725 (Route 223 Quit Claims to Cal Trans under Streets and Highways Code 83)
Reso CalTrans Quitclaim Deeds Route 223 Improvements Pursuant to Streets & Highway Code Section 83.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
ACTING AS THE SUCCESSOR AGENCY TO THE ARVIN
COMMUNITY REDEVELOPMENT AGENCY RATIFYING AND
AUTHORIZING THE EXECUTION OF CERTAIN QUITCLAIM DEEDS
TO THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, FOR ROUTE 223 IMPROVEMENTS PURSUANT
TO STREETS & HIGHWAYS CODE § 83.
WHEREAS, the California Department of Transportation (“Caltrans”) is improving State Route 223, under Caltrans Project No. 0619000002, within the City of Arvin and has requested record-clearing right-of-way deeds from the City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency (“City” as “Successor Agency”) for small strips of land lying within the adopted state-highway alignment; and WHEREAS, each of the requested deeds is identified as a “Section 83” conveyance and provides that the conveyance is without compensation, consistent with Streets & Highways Code § 83; and
WHEREAS, Caltrans has prepared and provided the City/Successor Agency with 10 quitclaim deeds for the following parcels: Caltrans parcels numbers 89431, 89436, 89441, 89442, 89454, 96025, 100014, 100015, 100016, and 100122 (collectively, the “Caltrans § 83 Deeds”), each of which includes Caltrans’ certificate of acceptance pursuant to Government Code § 27281; and
WHEREAS, these conveyances are ministerial, record-clearing actions required to perfect Caltrans’ right-of-way for State Route 223, and it is in the City/Successor Agency’s interest to create a clear record for the County Recorder and for audit purposes.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin, acting as the Successor Agency to the Arvin Community Redevelopment Agency, as follows:
1. Verifies that the above recitals are true and correct;
2. The City of Arvin as Successor Agency, ratifies, approves, and authorizes the execution and delivery to Caltrans of the Caltrans § 83 Deeds identified above, together with any substantially similar ministerial right-of-way deeds requested by Caltrans for the Route 223 project that are expressly identified as “without compensation” and made pursuant to Streets & Highways Code § 83.
3. The City Council as Successor Agency hereby authorizes the City Manager/Successor Agency Executive Director, or designee, to execute the Caltrans § 83 Deeds and any related certificates, acknowledgments, or transmitting documents, and to take all further ministerial actions necessary to cause the deeds to be recorded by the Kern County Recorder.
7.A.2
Attachment: Resolution Caltrans Section 83 Deeds_11725 (Route 223 Quit Claims to Cal Trans under Streets and Highways Code 83)
Reso CalTrans Quitclaim Deeds Route 223 Improvements Pursuant to Streets & Highway Code Section 83.
4. The City Clerk/Successor Agency Secretary will certify to the adoption of this resolution and cause a certified resolution to be filed in the Office of the City Clerk/ Successor Agency Secretary.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency at a regular meeting thereof held on the 17th day of November 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
CECILIA VELA, City Clerk/
Successor Agency Secretary
CITY OF ARVIN AS SUCCESSOR AGENCY
By:
OLIVIA CALDERON, Mayor/Chair of Successor Agency
APPROVED AS TO FORM:
By:
STEPHANIE GUTIERREZ, City Attorney/Successor Agency Counsel Burke, Williams & Sorensen, LLP
I, ______________________________, City Clerk of the City of Arvin and Secretary to the Successor Agency to the Arvin Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing Resolution is a true and correct copy of the Resolution passed and adopted by the City Council of the City of Arvin, acting as the Successor Agency to the Arvin Community Redevelopment Agency, at a regular meeting held on the date and by the vote indicated below.
7.A.2
Attachment: Resolution Caltrans Section 83 Deeds_11725 (Route 223 Quit Claims to Cal Trans under Streets and Highways Code 83)