EMPLOYMENT AGREEMENT
FOR CITY OF MANTECA
INTERIM ASSISTANT CITY
MANAGER
This Agreement is entered into, effective this ____ day of May, 2022, through December 12, 2022, by and between the City of Manteca, a municipal corporation (hereinafter called the “CITY”) and Jose Jasso (hereinafter called “JASSO”) (together the “Parties”).
R E C I T A L S
WHEREAS, the City Council of the City of Manteca, by and through the recommendation of the City Manager, is desirous of employing JASSO to act as and perform the duties of the Interim Assistant City Manager;
WHEREAS, JASSO represents that he is qualified to perform the duties and services of the position of Interim Assistant City Manager and is agreeable to filling that position; WHEREAS, the CITY has established and set forth the duties, conditions, and responsibilities of the position of Interim Assistant City Manager, and JASSO has reviewed such items;
WHEREAS, the City represents that the appointment of JASSO as Interim Assistant City Manager helps to ensure the CITY has adequate staffing and maintains consistency with the CITY staff for the remainder of the Council’s current term;
WHEREAS, it is the desire of the CITY and JASSO to enter into this interim employment agreement (“Agreement”) concerning compensation, benefits, terms and conditions of his employment as the Interim Assistant City Manager, effective May ___, 2022 through December 12, 2022;
WHEREAS, JASSO recognizes, acknowledges, agrees, and understands that the CITY has the absolute right and ability to conduct an external recruitment for a permanent Assistant City Manager at any point during his tenure as Interim Assistant City Manager or to end his appointment as Interim Assistant City Manager at any point during this term, consistent with this Agreement;
WHEREAS,JASSO and the CITY, by and through the City Manager and the City Council, recognize, acknowledge, agree, and understand that under no circumstance shall JASSO be elevated to the position of permanent Assistant City Manager during this term, unless he participates in and is selected via an external recruitment as noted above; and WHEREAS, the Parties agree that as Interim Assistant City Manager, JASSO shall serve at the behest and pleasure of the City Manager, with this Agreement subject to City Council approval, consistent with Manteca Municipal Code Section 2.08.070(C).
INITIALS OF JASSO: ______
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. EMPLOYMENT AND TERM: CITY hereby employs JASSO, and JASSO hereby accepts employment with the CITY in the position of Interim Assistant City Manager, on the terms and conditions and for the compensation set forth herein, for the term beginning May __, 2022 through December 12, 2022, at 6pm (the day before new City Councilmembers and/or a Mayor are sworn in), unless terminated earlier as set out herein. a. The CITY may terminate this Agreement without cause, provided, however, the Parties understand and agree that, in the event of said termination, JASSO shall be entitled to four (4) months’ severance.
b. JASSO may terminate this Agreement without cause by submitting a thirty (30) days’ written notice of termination to the CITY. If JASSO voluntarily resigns from the position of Interim Assistant City Manager, he will provide the CITY with a minimum of thirty (30) days’ advance written notice.
c. During the thirty (30) day period subsequent to said written notice of resignation and/or termination (by either the CITY or JASSO), JASSO shall continue to discharge his duties as Interim Assistant City Manager to the best of his ability, unless the City Manager opts, in their sole discretion, to place JASSO on paid leave during all or any portion of said thirty (30) day period.
d. Notwithstanding the above, the Parties agree, and JASSO explicitly acknowledges, that should the CITY find a permanent Assistant City Manager during the term set out above, said time frames may become null and void at the sole election and discretion of the CITY, the CITY may appoint a permanent Assistant City Manager, and provide JASSO anywhere from two (2) to four (4) weeks’ notice to conclude this Agreement. e. The Parties further agree, and JASSO acknowledges, understands, and agrees, that nothing herein precludes and/or limits the CITY from conducting an external recruitment for a permanent Assistant City Manager during the term set out in this Agreement.
2. DUTIES, FUNCTIONS, AND REPORTS: CITY hereby employs JASSO as Interim Assistant City Manager to perform the duties of the Assistant City Manager as set forth in the CITY’s current job description, which is incorporated into this Agreement by reference as if set forth in full. The Parties further agree:
a. JASSO shall perform his obligations and responsibilities diligently and within the time parameters indicated by the City Manager, and shall apply the highest degree of professionalism, ethics, integrity, and competency to the discharge of every aspect of his obligations.
b. JASSO shall not engage in any activity that is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. JASSO shall comply fully with his reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (“FPPC”). c. JASSO agrees to remain in the exclusive employ of the CITY during the term of this Agreement. JASSO shall dedicate his full energies and qualifications to his employment ATTACHMENT 1
as the Interim Assistant City Manager, and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Manager. d. JASSO shall devote his full time to his position as Interim Assistant City Manager and shall generally work normal office hours consistent with CITY guidelines. It is recognized that JASSO may have to devote time outside the normal office hours to business or related business activities, meetings, correspondence, and/or functions of the CITY, and to that end, JASSO will need to exercise a flexible work schedule. e. In general, JASSO shall perform all duties and functions specified in the CITY’s Municipal Code, ordinances, resolutions, policies, and the responsibilities set out in the job description and municipal ordinances for Assistant City Manager. f. JASSO shall not spend any time consulting on and/or working on non-CITY connected business without the prior approval of the City Manager. Such outside business activities shall not interfere with the performance of JASSO’s duties under this Agreement. g. Consistent with the CITY’s Municipal Code, JASSO shall report to the City Manager. h. JASSO recognizes that the CITY may need to contact CalPERS HR regarding this appointment, consistent with CalPERS policy.
3. COMPENSATION: CITY agrees to pay JASSO a base salary of $189,576/year (Step A of 75A) subject to applicable payroll taxes and withholdings, for services under this Agreement.
Payments will be made on regularly scheduled CITY payroll dates, and shall be subject to all applicable payroll taxes and withholdings. JASSO’s benefits and coverages shall be tied to Executive Management Team Memorandum of Understanding (SSB) only for the duration of this term. All other benefits for JASSO shall be set out in this Agreement in Section 4.
4. OTHER EXPENSES. CITY shall provide JASSO, if he so elects, with a CITY issued cellphone and CITY issued laptop during the duration of his term as Interim Assistant City Manager, which JASSO shall surrender to the CITY following the end of his term, the request of the City Manager, and/or the end of this Agreement, whichever occurs earlier. The CITY may also approve that JASSO attend select conferences and/or continuing education meetings/summits, subject to City Manager approval. In addition, the CITY shall provide JASSO forty (40) hours of vacation time effective on the first pay period following the date of hire.
5. LIABILITY. Subject to the terms and limitations of the Government Claims Act (Government Code sections 810 et seq.), CITY agrees to indemnify, hold harmless and defend at its expense JASSO from any and all claims, actions, losses, damages, charges, and expenses, including attorneys’ fees to which JASSO may be subject to, arising out of, or resulting from the performance of this Agreement and JASSO’s duties hereunder. This section shall not apply to liability incurred by JASSO for actions that are outside the scope of services or which result from willful or malicious conduct or gross negligence.
6. NO PROPERTY RIGHT IN EMPLOYMENT. JASSO understands and agrees that the term of his employment as Interim Assistant City Manager is governed only by this Agreement and that no right of regular employment for any specific term is created by this ATTACHMENT 1
Agreement. JASSO further understands that he acquires no property interest in his employment as Interim City Assistant Manager by virtue of this Agreement, that the employment of his as Interim Assistant City Manager is “at will,” as defined by the laws of the State of California (meaning that he can be terminated at any time for any reason or for no reason), and that he is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action, including, but not limited to, any appeal procedures set forth in the Manteca Personnel Rules and Regulations.
7. NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the Party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:
If to CITY:
City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: City Manager
If to JASSO:
Address on file with the CITY.
8. NON-ASSIGNMENT OF AGREEMENT. This Agreement is intended to secure the individual services of the JASSO and is not assignable and/or transferable by JASSO to any third party.
9. GOVERNING LAW AND VENUE. This Agreement shall be interpreted according to the laws of the State of California. The exclusive venue to resolve any disputes related to this Agreement shall be the Superior Court for the County of San Joaquin, California.
10. ENFORCEABILITY AND SEVERABILITY. If any term, covenant, condition, section, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11. CONFLICT OF INTEREST. JASSO agrees that during the term of this Agreement, he will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor, or association, whether compensated or not, that would in any way conflict with, or impair JASSO’s ability to perform the duties described in this Agreement. Any work performed for CITY outside the terms of this Agreement must be approved in advance in writing by the City Council. JASSO agrees to disclose whether he is performing work for any other CalPERS public agency employer as required by this Agreement.
12. ENTIRE AGREEMENT; APPLICABILITY; AND MODIFICATION. This Agreement constitutes the entire understanding of the Parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the Parties. JASSO shall be entitled to no other compensation or benefits than those specified herein, and JASSO acknowledges that no representation, inducements or promises not contained in this Agreement have been made to JASSO to induce JASSO to enter into this ATTACHMENT 1
Agreement. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both Parties. JASSO understands that no oral modifications of this Agreement made by any officer, agent, or employee of CITY is effective. JASSO specifically acknowledges that in entering into and executing this Agreement, he relies solely upon the provisions contained herein and no others. To the extent applicable and/or permitted by law, this Agreement shall apply retroactively.
13. NO PRESUMPTION OF DRAFTER. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement, and, therefore, no presumption for or against validity or as to any interpretation, based upon the identity of the drafter, shall be applicable in interpreting or enforcing this Agreement.
14. ASSISTANCE OF COUNSEL. Each Party to this Agreement warrants to the other Party that the Party has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance.
15. COMPLIANCE WITH AB 1344. Notwithstanding any other provision of this Agreement, CITY and JASSO agree to fully comply with the Government Code sections that are part of AB 1344, as it became effective on January 1, 2012 (“AB 1344”), and to fully comply with other applicable law as it exists as of the date of execution of this Agreement, and as the Agreement may be amended from time to time thereafter. In that regard, the following Government Code sections are hereby incorporated into the terms of this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position,
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position,
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position,
§53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position and
§53243.4. Abuse of office or position defined.
JASSO has reviewed, is familiar with, and agrees to comply fully with each of those provisions if any are ever applicable to JASSO, including that JASSO agrees that any cash settlement or severance JASSO may receive as a result of any termination shall be fully reimbursed to the CITY if JASSO is convicted of a crime involving an abuse of his office or position.
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IN WITNESS WHEREOF, the above Parties have executed this Agreement as of the date first written above:
CITY OF MANTECA JOSE JASSO
By:
Benjamin Cantu, Mayor
By: _______________________________
Toni Lundgren, Interim City Manager
ATTEST APPROVED AS TO FORM
Acting City Clerk L. David Nefouse, City Attorney
REVIEWED AS TO FORM:
________________________________________
Dawn Cortesi, Acting Human Resources Director
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