SPECIAL MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY SEPTEMBER 29, 2026 6:30p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Olivia Calderón
PLEDGE OF ALLEGIANCE
INVOCATION
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ROLL CALL Olivia Calderón Mayor
Jaime Perez Mayor Pro Tem
Susana Reyes Councilmember
Donny Horton Councilmember
Tim Tarver Councilmember
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STAFF Jeff Jones City Manager
Stephanie Gutierrez City Attorney – Burke, Williams & Sorensen, LLP Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers:
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Special Arvin City Council Meeting Agenda – September 29, 2026.
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ____ CM Reyes ____ MPT Perez ____ Mayor Calderón _____
2. ACTION ITEM(S)
A. Consideration and Approval of Fourth Amendment to Agreement No. 2022-02, City Manager Employment Agreement between the City of Arvin and Jeff Jones.
Staff recommends that the City Council approve the Fourth Amendment to Agreement No. 2022-02 for the City Manager’s Employment Agreement, extending the term to November 30, 2026, and authorize the Mayor to execute the amendment.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Horton ____ CM Reyes ____ MPT Perez ____ Mayor Calderón _____
3. CLOSED SESSION ITEM(S)
A. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957(b)
Title: City Manager
4. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 24 hours prior to the meeting. Dated September 28, 2026.
Cecilia Vela, City Clerk
Staff Report re Fourth Amendment to the City Manager Employment Agreement
CITY OF ARVIN
Staff Report
Meeting Date: September 29, 2026
TO: Honorable Mayor, Mayor Pro Tem and Members of City Council FROM: Stephanie Gutierrez, City Attorney
SUBJECT: Fourth Amendment to the City Manager Employment Agreement BACKGROUND:
Jeff Jones has served the City in various executive capacities, beginning as Finance Director in 2017. He subsequently assumed the role of Interim City Manager in 2021 while continuing to oversee Finance. In March 2022, the City Council approved an agreement formally appointing him to serve concurrently as City Manager and Finance Director.
On October 31, 2025, the City Council determined that the roles of City Manager and Finance Director should be separated. At that meeting, the Council appointed Mr. Jones to serve exclusively as City Manager and directed staff to amend his employment agreement accordingly.
The First Amendment to the Agreement was approved on November 17, 2025, to reflect this change. On February 24, 2026, the Second Amendment was approved, extending the term of the Agreement through July 22, 2026. On July 15, 2026, the Third Amendment was approved extending the term of the Agreement through September 30, 2026. The City Council now wishes to further extend the term of the existing Employment Agreement.
ANALYSIS:
The proposed Fourth Amendment updates Section 5 (Term) of Agreement No. 2022-02 to extend Mr. Jones’s appointment as City Manager through November 30, 2026. No other substantive changes are proposed. All other terms and conditions of the existing employment agreement remain in full force and effect.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the Fourth Amendment to Agreement No. 2022- 02 for the City Manager’s Employment Agreement, extending the term to November 30, 2026, and authorize the Mayor to execute the amendment.
FINANCIAL IMPACT:
There is no anticipated additional financial impact associated with extending the term of the Employment Agreement, as the City Manager’s salary and benefits are already included in the adopted FY 2026-27 budget.
2.A.1
Attachment: Staff Report - Fourth Amendment to the City Manager Employment Agreement_092926 (Fourth Amendment to City Manager Page
2 of 2
Staff Report re Fourth Amendment to the City Manager Employment Agreement ATTACHMENTS:
1. Fourth Amendment to Agreement No. 2022-02
2. Agreement No. 2022-02
2.A.1
Attachment: Staff Report - Fourth Amendment to the City Manager Employment Agreement_092926 (Fourth Amendment to City Manager 1 AGREEMENT NO. ________
FOURTH AMENDMENT TO AGREEMENT NO. 2022-02
City Manager Employment Agreement
THIS FOURTH AMENDMENT (“AMENDMENT”) is made and entered into on September 29, 2026, by and between the CITY OF ARVIN, a general law city and municipal corporation (“City”), and JEFF JONES (“Employee or Jones”). City and Employee may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. In 2017, Jones began serving as the City’s Finance Director; B. On June 1, 2021, Jones began serving as the Interim City Manager while maintaining his role as the City’s Finance Director;
C. In 2022, the City Council concluded that it was in the best interest of the City to retain Jones in the role of Finance Director and additionally appoint him as City Manager, both positions to be carried out under the direction of the City Council; D. On March 22, 2022, the City and Jones entered into an employment agreement under which Jones was appointed to serve concurrently as City Manager and Finance Director (“Agreement”), roles he has continued to hold to the present; E. At a Special Council Meeting held on October 31, 2025, the City Council decided it was in the best interest of the City to separate the positions and directed that moving forward different individuals occupy the positions of City Manager and Finance Director; F. At that same meeting, the City Council formally appointed Jones to the role of City Manager and directed that his contract be amended to reflect their direction; and G. On November 17, 2025, the Agreement was amended to reflect that Jones was employed by the City of Arvin solely as its City Manager.
H. On February 24, 2026, the Parties agreed to extend the term of the Agreement through July 22, 2026.
I. On July 15, 2026, the Parties agreed to extend the term of the Agreement through September 30, 2026.
J. The City Council now desires to further amend the Agreement to extend its term through November 30, 2026.
AGREEMENT
1. AMENDMENTS. Pursuant to Section 11, Subsection D, of Agreement No. 2022-02 the subsequent sections are amended as follows:
A. Section 5 of the Agreement is amended in its entirety to read as follows:
5. Term. Except as hereinafter described, the term of this Agreement shall be from March 22, 2022 through November 30, 2026.
2.A.2
Attachment: Fourth Amendment City Manager Employment Agreement_092926 (Fourth Amendment to City Manager Employment Agreement - 2 2. ELECTRONIC SIGNATURES. This Fourth Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Fourth Amendment, agreements ancillary to this Fourth Amendment, and related documents to be entered into in connection with this Fourth Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
4. AGREEMENT IN FULL EFFECT. Except as modified by this Fourth Amendment, all other terms and conditions of Agreement No. 2022-02 remain the same.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
“EMPLOYEE”
By: ____________________________
Jeff Jones
Date: ___________________________
“CITY”
City of Arvin, a municipal corporation
By: ______________________________
Olivia Calderón, Mayor
Date: ____________________________
ATTEST
By: _____________________________
Cecilia Vela, City Clerk
APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Stephanie Gutierrez, City Attorney
2.A.2
Attachment: Fourth Amendment City Manager Employment Agreement_092926 (Fourth Amendment to City Manager Employment Agreement - AGREEMENT NO. 2022-02
CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into and effective on the 22nd day of March, 2022, by and between the City of Arvin ("City"), a California municipal corporation, and Jeff Jones ("Employee" or "Jones"). City and Employee are sometimes referred to in this Agreement individually as "Party" and collectively as "Parties."
RECITALS
WHEREAS, Jones has served as the City of Arvin's Finance Director since 2017; and WHEREAS, Jones has served as Acting, and Interim City Manager of the City of Arvin since the 1st day of June, 2021; and
WHEREAS, during the period of June 1, 2021, to the present, Jones continued to serve as the Finance Director while serving as the Acting and Interim City Manager; and WHEREAS, Jones has demonstrated the knowledge, skills and abilities to serve as City Manager, and possesses the qualifications of a permanent City Manager under the criteria established by the City Council during City Manager recruitment; and WHEREAS, the City Council now wishes to appoint Jones as the City Manager and continue the employment of Jones as the Finance Director; and WHEREAS, the position of City Manager is an "at will" position, not subject to the City's personnel rules; and
WHEREAS, it is in the City's best interests to continue the employment of Jones as Finance Director, and additionally as the City Manager, subject always to the direction of the City Council.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation. The Parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. Hire. City acknowledges that it appointing and/or hiring Jones as City Manager effective March 22, 2022, and is thereafter appointing and/or hiring Jones as its Finance Director effective March 22, 2022 ("Effective Date") pursuant to the terms and conditions of this Agreement. Jones shall remain in the exclusive hire of City during the term of this Agreement and shall neither accept other employment nor become employed by any other employer until the end of the Term or earlier termination of this Agreement.
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City
3. 'At-Will" Employment. Jones acknowledges he is employed at the pleasure of the City Council and is thus an at-will employee. The terms of the City's personnel rules, policies, procedures, ordinances, or resolutions ( collectively "Personnel Policies") shall not apply to Employee unless made expressly applicable to Employee. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest in continued employment, or any due process property right to a hearing before or after a decision by the City Council to terminate his employment. Nothing contained in this Agreement shall in any way prevent, limit, or otherwise interfere with the right of the City to terminate the services of Employee as provided in Section 7 of this Agreement. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from this position with City, subject only to the provisions set forth in Section 7 of this Agreement.
4. Duties.
A. Finance Director. Employee accepts employment with the City as its Finance Director and agrees to perform all functions, duties and services set forth in Arvin Municipal Code Chapter 2.06.150, City regulations and procedures, the Finance Director job description (Exhibit "A"), and each of them currently or may in the future exist. Such duties include, but not limited to the following:
i. Plan, organize, control and direct City-wide accounting and budgetary operations and activities including the review, evaluation, maintenance and adjustment of funds, budgets, fixed/assets, contracts, capital projects and accounts; assure fiscal activities comply with established laws, codes, regulations, internal controls, standards, requirements, policies and procedures.
ii. Coordinate and direct personnel, communications and record-keeping functions to meet City accounting needs and assure smooth and efficient fiscal activities; oversee the development and implementation of accounting programs, projects, internal controls, functions, goals, objectives and activities; assure proper and timely resolution of accounting issues, errors and discrepancies; keep the City Manager, City Council and City staff current regarding budgets, transfers, income and expenditures as appropriate.
iii. Plan, organize, control and direct the monitoring, evaluation and reconciliation of City accounts, funds and budgets; coordinate, audit and direct the calculation, posting and adjustment of general ledger journal entries; coordinate, direct and approve accounting transactions such as purchase requisitions, bank stop-payment requests, check orders and requests; review, code and approve invoices for various departments. iv. Develop and prepare the annual City budget; collaborate with Department personnel and other administrators in the development and preparation of budgets for other departments; analyze and review related budgetary and financial data; control and authorize expenditures in accordance with established limitations; prepare revenue and expenditure projections; analyze financial data and prepare related forecasts and recommendations.
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City v. Plan, organize, control and direct financial record-keeping, reporting and related auditing functions to assure accurate and timely accounting and reporting of City funds and accounts; direct and participate in the review and analysis of financial statements, records and reports to assure compliance with established guidelines, procedures and Generally Accepted Accounting Principles.
vi. Provide oversight of cash collection, deposits and investments including the review an approval of bank accounts reconciliations and review; assist with building permit fee calculations.
vii. Assist with grant applications, tracking and distribution of grant funds; assure proper review and approval of grant applications. viii. Direct the preparation and maintenance of a variety of narrative, financial and statistical records, reports and statements related to accounts, funds, budgets, revenue, expenditures, reconciliations and assigned duties; assure mandated reports are submitted to appropriate personnel or governmental agency according to established time lines.
ix. Provide technical information and assistance to various administrators concerning accounting and budgetary activities, needs and issues; assist in the formulation and development of policies, procedures and programs. x. Perform related duties as required.
B. City Manager. Employee accepts employment with the City as its Interim City Manager and agrees to perform all functions, duties and services set forth in Arvin Municipal Code Chapter 2.06, City regulations and procedures, the City Manager job description (Exhibit "B"), and each of them currently or may in the future exist.
Such duties include, but not limited to the following:
• Advise CITY on all issues and activities related to city management; • Perform all duties typical of a city manager in a general law city manager run government;
• Enforce and faithfully observe all franchises, contracts, privileges, and permits granted by the City Council;
• Exercise authority over heads of departments, subordinate officers and employees, except the city attorney and other positions specified by state or local law;
• Conduct studies and recommend to the City Council administrative reorganization as needed;
• Recommend ordinances and the adoption of measures for the benefit of the City to the City Council;
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City • Attend all meetings of the City Council;
• Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council;
• Provide reports to City Council relating to city expenditures; • Make investigations into the affairs of the city and any department or division thereof, ensure proper performance of city contracts, and investigate all complaints relating to city administration;
• Exercise general supervision over all public places and public property under the control and jurisdiction of the City Council;
• Cooperate with all City Agencies, Boards and Commissions and attend meetings as necessary;
• Be available to the City Council Members, City Attorney, Department Heads, and staff members, by email and telephone, during normal business hours five (5) days per week (Monday-Friday), in emergency situations, and as required by City staffing and Council needs; and
• Perform all tasks and duties as deemed necessary by the City Council as also discussed in the Recitals above.
At the option of City, Jones shall serve as the Executive Director of or a representative toa any other authority or agency created by or studded by the City. Jones shall exercise such other powers and perform such other duties as the City, by the City Council, may from time-to-time assign.
Jones shall devote his full energies, interests, abilities, and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests.
Jones shall not engage in any activity, consulting service or enterprise, for compensation or otherwise (together "Outside Employment"), which is actually or potentially in conflict with or inimical to, or which materially interferes with, his duties and responsibilities to the City. Additionally, Jones shall not undertake any Outside Employment except with the consent of the City Council.
5. Term. Except as hereinafter described, the term of this Agreement shall be for four (4) years commencing on the Effective Date.
6. Salary and Benefits. Jones' salary and other benefits for all work or services called for under this Agreement shall be as follows:
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City A. Salary. Commencing on the Effective Date, Jones' annual salary shall be one hundred seventy-five thousand dollars ($175,000.00), which shall be paid according to the payroll schedule in place for City Employees. Jones shall be entitled to a three percent (3%) Cost of Living Adjustment ("COLA"), or the annual cost of living index for the Los Angeles-Long Beach Metropolitan area, whichever is greater during each year of this Agreement. Any salary increases in addition to COLA shall be implemented by written amendment to this Agreement and upon approval by the City Council.
The compensation set forth in this section shall be Employee's total compensation under this Agreement, and Employee shall not be eligible for any other benefits or compensation not specifically provided for in this Agreement.
The positions of City Manager and Finance Director are exempt under the Fair Labor Standards Act and, therefore, no overtime pay will be paid to Jones based on hours worked.
B. Paid Time Off ("PTO"). Employee shall accrue 13. 71 hours of Paid Time Off per pay period during the term of this Agreement. Any accrued but unused PTO earned by Employee prior to the execution of this Agreement shall be carried forward and included in the calculation of total PTO. PTO shall be used for all absences including sick leave, vacation, management leave, and personal business.
As Finance Director, Jones' PTO cap was 340 hours. Prior to entering into the Interim City Manager Employment Agreement, because Employee has accrued the maximum number of hours he was allotted as Finance Director, Employee had lost, or not accrued,
27.61 hours of PTO. As additional consideration for accepting the Interim City Manager Position, City agreed to increase Jones' maximum accrual to 600 hours during the pendency of the Interim City Manager Employment Agreement, allow the 27.61 hours to immediately accrue, and upon termination and/or expiration of that Agreement, City agreed to pay Jones for all PTO accrued beyond the 340-hour accrual limit and reduce Jones' Accrued PTO to 340 hours.
As additional consideration for accepting the City Manager Position and Finance Director Position, City agrees to the following:
Increase the maximum accrual to 800 hours and allow for cash-outs of accrued PTO at any time as long as a minimum bank of 160 hours exists after said cashout.
C. Holiday and Other Leaves. Jones shall receive the same leaves, holidays, and other time off as provided to other managers at the City.
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City D. Employee Benefits. City agrees to provide Employee with health, dental and vision insurance benefits. City shall pay all premiums for Employee and Employee's Dependents' coverage as provided herein.
E. Term Life Insurance. The City shall pay the premiums for a 10-year term life insurance policy in the amount of $300,000.00. Jones shall name the beneficiary of the life insurance policy, provided said beneficiary has and maintains an insurable interest in Jones.
F. Vehicle. City agrees to pay to Employee, during the term of this Agreement, the total sum of four hundred dollars ($400.00) per month, as a vehicle allowance to be used to lease, own, operate and maintain a vehicle. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall be responsible for all expenses relating to the ownership, operation, maintenance, repair, and regular replacement of said vehicle.
G. Cell Phone. City shall pay Jones a maximum of $150.00 per month to be used to purchase and pay the monthly premium for a cell phone, which shall be used to conduct official city business. Jones acknowledges that use of the City provided cell phone, or his personal cell phone, for City business may be subject such usage to disclosure under the California Public Records Act.
H. Laptop. City shall provide Jones with a laptop to use during his employment. Jones shall return the laptop when he ceases his employment with the City. The laptop shall be used exclusively for City business.
I. Public Employees' Retirement System (Pers) And Social Security. City shall pay its share and Jones' share of the payment due to PERS during the term of this Agreement. City and Jones shall each pay one half of the payments due to social security during the term of this Agreement.
J. Professional Development. City shall pay the professional dues for three (3) professional organizations, which are necessary and desirable for Jones' continued professional participation, growth, enhancement or for the good of the City. Subject to the prior approval of the City Council, City shall budget and pay the attendance for Jones' attendance at two (2) professional organization conferences annually. City shall allow attendance at other conferences identified by Jones that may benefit the City or enhance his development and growth so long as the City Council approves of the leave in advance.
K. Expenses. City shall reimburse Employee for all reasonable out-of-pocket expenses incurred while performing the duties described in this Agreement, which may include travel, meals and lodging expenses, mileage at current IRS rate, and parking fees.
Employee shall submit a receipt and a description of the expenses to the City's Finance
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City Department within (30) days of the date each expense incurred as a condition of obtaining reimbursement.
Because Employee is also the City's Finance Director, prior to City reimbursing Employee, the City Council shall review and have discretion to approve all requested reimbursements.
7. Termination. Jones' "at-will" employment as Finance Director and/or City Manager may be terminated as follows:
A. Resignation. If Jones elects to resign at any time during the term of this Agreement, he may do so upon giving City thirty (30) days' written notice. Termination pursuant to such action shall occur thirty (30) calendar days after service of said notice, or on such other date as may be agreed to by the Parties.
B. Retirement. If Jones elects to retire, he shall inform City, in writing, at least thirty (30) days prior to the effective date of such retirement. City shall cooperate fully with Employee to provide all information in a timely manner.
C. Termination "Without Cause" from Finance Director Position. City reserves the right to terminate this Agreement and Employee's employment as Finance Director at any time at the will, discretion and pleasure of the City Council upon providing Jones with thirty (30) days written notice. City's only obligation in the event of such termination will be payment to Employee of all compensation then due and owing as set forth in Section 2.1 up to and including the effective date of termination. However, this Agreement may be terminated immediately if necessitated by changes to statutory or regulatory requirements, or if doing so will preclude a violation of State, Federal or local law.
D. Termination "Without Cause" from City Manager Position. City reserves the right to terminate this Agreement and Employee's employment as City Manager at any time, "without cause" upon thirty (30) days written notice pursuant to Arvin Municipal Code section 2.06.250, except as limited by Arvin Municipal Code section 2.06.280, which states:
"Notwithstanding the provisions of this article, proceedings for removal of the city manager shall not be instituted other than for cause, during or within a period of ninety (90) days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpo e of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the ninety (90) day period aforementioned, the provisions of Article IV as to the removal of the city manager shall apply and be effective."
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City E. Termination "With Cause." The City reserves the right to terminate this Agreement and Jones' employment from one, or both positions, at any time, "with cause." "Cause" shall include, but not be limited to:
i. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to the City, unauthorized or excessive absences. ii. A formal investigation commissioned by the City Council and conducted by a third-party investigator hired by the City Council in which the City Council has determined that the Employee has engaged in unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement "for cause." iii. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption or dishonesty. "Conviction" shall include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal. City is not required to wait until Employee has exhausted any appeal rights prior to terminating this Agreement "for cause." iv. Jones' death.
v. Jones' permanent disability if such disability precludes Jones from performing his essential job duties for more than six (6) cumulative months after attempts at a reasonable accommodation pursuant to the Americans with Disabilities Act and/or California's Fair Employment & Housing Act have been made.
F. No Notice for Expiration. Nothing in this Section 7 shall be construed to require either party to give advance written notice in order for the Agreement to expire as set forth in Section 5.
G. Termination Obligations. Jones agrees that all property, including, without limitation, all equipment, Confidential Information (as defined below), documents, records, notes, contracts, and computer-generated materials furnished to or prepared by him incident to his employment belongs to City and shall be returned promptly to City upon termination of Jones' employment. Jones' obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
i. Confidential Information. "Confidential Information" shall include, but not be limited to, all information or material that Jones learns of or obtains during his employment with City that is or was confidential or privileged by virtue of it having been discussed or presented in a duly-noticed closed session meeting of the City Council, or otherwise privileged and/or
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City confidential under applicable law, including but not limited to personnel information, information pertaining to on-going or potential litigation, information learned in the context of the attorney-client relationship with the City Attorney or special counsel to the City. Confidential Information as defined includes, but is not limited to, all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, internal processes and procedures, and other information disclosed or submitted, orally, in writing, or by any other media, to Employee by City. Nothing herein shall require City to disclose any of its information to Employee. During his employment with City as Interim City Manager, Employee shall use and disclose Confidential Information only for the benefit of City and as is, or may be, necessary to perform his job responsibilities under this Agreement.
Following the termination of this Agreement, Employee shall not use or disclose any Confidential Information, except with the express written consent of City. Jones' obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
H. Severance. In the event that Jones is terminated "Without Cause," he shall be entitled to severance pay as follows:
i. Year 1 - 3 of the Agreement:
1. $175,000.00.
2. Premium Payments for one ( 1) year of health, dental and vision insurance, at the same level Jones was provided during his employment.
ii. Year 4 of the Agreement:
1. $14,583.33 x number of months remaining in the Agreement.
2. Premium Payments for one (1) year of health, dental and vision insurance, at the same level Jones was provided during his employment.
The severance pay will be in addition to pay accrued, but not remitted, prior to the notice of termination, and any accrued PTO. The severance rights provided in this Paragraph 7(H) shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination other than for cause or by expiration of this Agreement. Jones expressly waives any and all other rights with respect to severance pay except as provided herein, including any and all rights he may have to a separation payment pursuant to any joint powers insurance authority memorandum of liability coverage then in effect. Any and all severance rights are conditioned upon and in consideration for execution of the Standard "Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit "C."
8. Bonding and Indemnification. City shall bear the full costs of any fidelity or other bond required of Jones under any law or ordinance. City shall defend, save harmless and indemnify Jones from any and all demands, claims, suits, actions, or other legal
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City proceedings ("Claims") brought against him in his individual capacity or in his official capacity as City Manager or Finance Director, provided the Claims arise while Jones is acting within the scope of his employment and provided he did not act or fail to act because of actual fraud, corruption or malice. The provision shall not extend to claims brought by City itself or where indemnity is otherwise prohibited by law.
9. Performance Evaluation. City Council shall evaluate Jones at least one (1) time each year during the pendency of this Agreement. The City Council, with Jones' input, will develop the criteria upon which Jones will be evaluated. The City Council shall have the right to establish the format and the forms to be used. Jones shall be responsible for initiating the evaluation. The City Council may conduct more frequent performance evaluations at their discretion.
10. Notices. Notices pursuant to this Agreement shall be deemed to be given when personally delivered to the party to whom directed or when deposited in the United States Mail, postage prepaid, and addressed as follows:
City
Mayor, City of Arvin
200 Campus Drive
Arvin, California 93203
Jones
Jeff Jones
On File with Human Resources
Either party may change his or its address by providing written notice to the other party in the manner described herein.
11. General Provisions.
A. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes all prior agreements - including the Parties' Interim City Manager Employment Agreement - promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement.
No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.
B. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.
C. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement
CITY MANAGER/FINANCE DIRECTOR EMPLOYMENT AGREEMENT
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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~
:: _= ___ _
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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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;
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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.
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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 email, 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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:
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City City Manager
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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.
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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 twentyfour (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.
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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:
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth 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
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City Name: _ _ _ _ _ _ _ _ _ _ _
Title: - ---- -------
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
2.A.3
Attachment: 2022-02 Employment Agmt with Jeff Jones for City Manager_Finance Director_032222_Redacted (Fourth Amendment to City