HomeMy WebLinkAboutAGENDA REPORT 2018 0207 CCSA REG ITEM 09C ITEM 9.C.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL Actow:/, ./ .
AGENDA REPORT e20/1—.34.&e d�=v
TO: Honorable City Council
13Y. ,G
FROM: Deborah S. Traffenstedt, Assistant City ManagerT
DATE: January 31, 2018 (CC Meeting of 2/7/2018)
SUBJECT: Consider Adoption of a Resolution Appointing Troy Brown to the
Position of City Manager and Approving the Employment Agreement
between the City and Troy Brown Effective March 3, 2018, and
Rescinding Resolution No. 1984-129
BACKGROUND AND DISCUSSION
This agenda item has been scheduled to allow the City Council to consider the
appointment of Troy Brown to the position of City Manager and the approval of an
Employment Agreement. A draft resolution is included as an attachment to this agenda
report and if approved will appoint Troy Brown to the position of City Manager and approve
the Employment Agreement with an effective date of March 3, 2018. The attached draft
resolution also includes the rescinding of Resolution No. 1984-129, which appointed
Steven Kueny as City Manager in 1984. The last day of employment of Steven Kueny,our
current retiring City Manager, will be Friday, March 2. Mr. Brown's first work day will be
Monday, March 5.
The new City Manager appointment follows a nationwide recruitment and selection process
led by Ralph Andersen & Associates. The recruitment included a community survey of
Moorpark residents and businesses to help identify priorities for the community and for the
incoming City Manager. The process also included interviews of potential candidates by a
community panel and the City Council, and a comprehensive background investigation for
the top candidates.
Mr. Brown has over 24 years of California municipal management experience, including
serving as City Manager for the City of Tracy, Assistant City Manager for the City of
Livermore, Assistant to the City Manager for the City of Elk Grove, and Assistant to the City
Manager for the City of Riverside. Mr. Brown's education includes a Master's Degree in
Public Administration from California State University San Bernardino, and a Bachelor's
Degree in Political Science from California State University Northridge.
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Honorable City Council
February 7, 2018, Regular Meeting
Page 2
Proposed employment terms between the City and Troy Brown are set forth in the attached
Employment Agreement(Exhibit A). The City's Management Benefits Resolution sets forth
the benefit program offered to the City's Management Employees, including the City
Manager, and there is a separate agenda item for the February 7, 2018 regular meeting
updating the Management Benefits Resolution. Following is a summary of the Salary,
Benefits, and Severance provisions of Mr. Brown's Employment Agreement that are unique
to this Agreement and not already set forth in the City's Management Benefits Resolution:
• The Term of the Employment Agreement is for three (3) years unless sooner
terminated.
• From the Effective Date of this Agreement, City shall pay Employee an approximate
annual salary of$206,336.00, subject to legally permissible or required deductions
and withholding, prorated and paid on normal pay days. Employee's salary is set at
Range 100, Step G of the Salary Plan covering the City Manager's position,with an
established hourly rate of $99.20 and a weekly salary of$3,968.00.
• Upon actually reporting for duty on or after the Effective Date, Employee will be
granted an initial annual leave balance of forty (40) hours, and will receive Annual
Leave and Administrative Leave accruals per pay period consistent with the accrual
rates established in the Management Benefits Resolution.
• City will reimburse Employee for the actual and reasonable cost, not to exceed
$20,000.00, of: travel expenses, moving expenses, and temporary housing, as
conditionally described in the Employment Agreement.
• If City terminates this Agreement (thereby terminating Employee's Employment),
without cause, City shall pay Employee a lump sum severance benefit in accord
with the following schedule: (1) An amount equal to three (3) months of his then
applicable base salary if terminated without cause within one (1) year of the
Effective Date,through and including March 2, 2019; and (2)An amount equal to six
(6) months of his then applicable base salary if terminated without cause from and
following the one (1) year anniversary of the Effective Date (March 3, 2019), and
during which this Agreement remains in effect. If City terminates this Agreement
(thereby terminating Employee's Employment), with cause, Employee shall not be
entitled to any severance. If Employee terminates this Agreement (thereby
terminating Employee's Employment), Employee shall not be entitled to any
severance.
The severance section of the proposed Employment Agreement is consistent with the
requirements of Section 2.12.100.0 of the Moorpark Municipal Code which states: "For a
city manager first employed on or after January 1, 2016, then upon termination of
employment by reason of involuntary removal from office other than for willful misconduct,
the city manager shall receive a cash severance as specified in a written employment
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Honorable City Council
February 7, 2018, Regular Meeting
Page 3
agreement, provided the maximum amount of severance specified in that agreement shall
not exceed fifty-two (52) weeks of salary. In addition, the agreement may provide for the
payment of health benefits consistent with the limitations of Government Code Sections
53260 and 53261 and the city's medical insurance provider."
GOVERNMENT CODE SECTION 54953(c)(3) ANNOUNCEMENT
Consistent with Section 54953(c)(3) of the Government Code and Section 2.5 of the City
Council Rules of Procedure, the Mayor, Mayor Pro Tempore, or other presiding officer shall
orally report a summary of a recommendation for a final action on the salaries, salary
schedules, or compensation paid in the form of fringe benefits of a local agency executive,
as defined in Section 3511.1(d)of the Government Code, during the open regular meeting
in which the final action is to be taken and prior to the motion to approve. The City
Manager is a local agency executive as defined in Section 3511.1(d) of the Government
Code, and the oral report is required prior to approval of the attached Employment
Agreement as addressed in the Staff Recommendation section of this report.
FISCAL IMPACT
There will be no fiscal impact related to the proposed Employment Agreement as the
compensation and benefits for the City Manager are already budgeted.
STAFF RECOMMENDATION
1. Prior to a motion to adopt the attached Resolution approving the Employment
Agreement between the City of Moorpark and Troy Brown, the Mayor shall make an
oral summary report for compliance with Section 54953(c)(3) of the Government
Code as follows: Staff is recommending the City Council approve an Employment
Agreement between the City and Troy Brown for the position of City Manager. In
addition to the benefits described in the City's adopted Management Benefits
Resolution, following is a summary of the Salary, Benefits, and Severance
provisions of the Employment Agreement that are unique to this Agreement:
• The Term of the Employment Agreement is for three years unless sooner
terminated.
• Employee's salary for the position of City Manager is set at Range 100, Step G
of the City's Salary Plan, with an established hourly rate of $99.20, which is
approximately $206,336.00 annually.
• Employee will be granted an initial annual leave balance of forty hours, and will
receive Annual Leave and Administrative Leave accruals per pay period
consistent with the accrual rates established in the Management Benefits
Resolution.
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Honorable City Council
February 7, 2018, Regular Meeting
Page 4
• City will reimburse Employee for the actual and reasonable cost, not to exceed
$20,000.00, of travel expenses, moving expenses, and temporary housing, as
conditionally described in the Employment Agreement.
• If City terminates Employee's employment without cause, City shall pay a lump
sum severance benefit amount equal to three months of Employee's then
applicable base salary if terminated without cause within one year of the
Effective Date; and an amount equal to six months of his then applicable base
salary if terminated without cause from and following the one year anniversary of
the Effective Date.
2. Adopt Resolution No. 2018- , rescinding Resolution No. 1984-129.
Attachment: Draft Resolution and Employment Agreement
•
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RESOLUTION NO. 2018- •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA,APPOINTING TROY BROWN TO THE
POSITION OF CITY MANAGER EFFECTIVE MARCH 3, 2018,
APPROVING AN EMPLOYMENT AGREEMENT IN CONNECTION
THEREWITH, AND RESCINDING RESOLUTION NO. 1984-129
WHEREAS, City Council Resolution No. 1984-129 approved the appointment of
Steven Kueny as Moorpark City Manager effective July 16, 1984; and
WHEREAS, Steven Kueny is retiring and his last day of work will be March 2, 2018;
and
WHEREAS, the City Council has made a conditional offer of employment to Troy
Brown for the position of City Manager to be effective March 3, 2018, subject to approval of
an Employment Agreement; and
WHEREAS, at the City Council regular meeting on February 7, 2018, the Council
considered an Employment Agreement between the City of Moorpark and Troy Brown.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby appoints Troy Brown to the position of City
Manager effective March 3, 2018.
SECTION 2. The City Council approves the Employment Agreement between the
City of Moorpark and Troy Brown, attached hereto as Exhibit A, effective March 3, 2018.
SECTION 3. Resolution No. 1984-129 shall be rescinded upon the effective date of
the Employment Agreement on March 3, 2018.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of February, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen-Benson, City Clerk
Exhibit A: Employment Agreement between City of Moorpark and Troy Brown
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF MOORPARK AND TROY BROWN
This Employment Agreement ("Agreement") is made and entered into as of
, 2018, by and between the City of Moorpark, a California municipal
corporation ("City" or"Employer"), and Troy Brown, an individual ("Employee").
RECITALS
A. The City has recently conducted a formal recruitment and selection process to
fill a vacancy in the office of City Manager.
B. City desires to appoint Employee to the at-will position of City Manager and
Employee desires to accept appointment as City Manager, effective Saturday, March 3,
2018.
C. Employee represents that he has the requisite specialized skills, training,
certifications, licenses, and authorizations and is otherwise qualified to serve as City
Manager.
D. City and Employee wish to enter into an Employment Agreement that sets
forth the rights and obligations of the parties and that will supersede all prior negotiations,
discussions or agreements.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained, City and Employee agree as follows:
1. TERM. Unless sooner terminated,as provided in this Agreement,the term of
this Agreement shall be for three (3) years from Employee's start date of March 3, 2018
("Effective Date") through March 2, 2021. Provided, however, this Agreement will not
become effective unless Employee actually assumes the duties of City Manager on the
Effective Date and is, on that date, willing and able to report for duty on the first regularly
scheduled work day on or after the Effective Date. The Parties may mutually agree in
writing to change the Effective Date.
2. DUTIES AND AUTHORITY. Employer agrees to employ Employee as City
Manager. Employee shall exercise the full powers and perform the duties of the position of
City Manager as set forth in the Moorpark Municipal Code, including Chapter 2.12, and all,
applicable rules, regulations, procedures,job description(s) and state and federal laws, as
each of them currently or may in the future exist. At the option of Employer, Employee
shall also serve as Executive Director of (or in a similar capacity for) any authority or
agency created by or staffed by Employer. Employee shall exercise such other powers and
perform such other duties not inconsistent with this Agreement as the City Council may
assign.
City of Moorpark and Troy Brown Employment Agreement Page 1
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3. EMPLOYEE'S OBLIGATIONS. Employee shall devote his full energies,
interest, abilities and productive time to the performance of this Agreement, and utilize his
best efforts to promote City's interests. Employee shall not engage in any activity,
consulting service or enterprise, for compensation or otherwise, which is actually or
potentially in conflict with or inimical to, or which materially interferes with his duties and
responsibilities to City. Employee shall obtain prior authorization from the City Council for
any outside employment, consulting, teaching or enterprise. Employee also agrees to
comply with the"Inconsistent Activities and Outside Employment"terms of the City Council
adopted Management Benefits Resolution, currently contained in Section 15 of that
resolution, including the certification and waiver requirements. The City Council will
substitute for the City Manager as the reviewing authority,with approval or denial in its sole
and absolute discretion.
4. SALARY AND BENEFITS.
A. Base Salary. From the Effective Date of this Agreement, City shall pay
Employee an approximate annual salary of $206,336, subject to legally permissible or
required deductions and withholding, prorated and paid on City's normal pay days.
Employee's salary is set at Range 100, Step G of the City's Salary Plan covering City
Manager's position, with an established hourly rate of $99.20 and a weekly salary of
$3,968.00. Employee shall be compensated according to the City's biweekly pay schedule.
Identification of an hourly rate herein is to account for absences from work of less than
eight (8) hours per work day or forty (40) hours per work week, consistent with the Fair
Labor Standards Act and the City's practices. Employee's salary is compensation for all
hours worked. Employee shall be exempt from the overtime pay provisions of California
law (if any) and federal law.
B. Employment Benefits.
(1) Fringe Benefit Package. In addition to base salary and except as
expressly provided in this Agreement, Employee shall receive the fringe benefits
(retirement,deferred compensation, medical insurance,dental insurance,vision insurance,
life insurance and annual physical) provided in the City Council adopted Management
Benefits Resolution as applicable to the City Manager position, and as such Resolution
may be amended from time to time. Such fringe benefits are subject to the terms and
conditions of the applicable plan, policy or other controlling documents, including laws and
regulations, where applicable. Other terms of the Management Benefits Resolution
notwithstanding, Employee shall participate in the Medical Insurance Cafeteria Plan as a
Department Head employed prior to July 1, 2010.
(2) Annual Leave. Employee shall initially accrue annual leave at a rate of
9.24 hours per pay period and thereafter consistent with the City Council adopted
Management Benefits Resolution as applicable to the City Manager position, and as such
Resolution may be amended from time to time. Upon actually reporting for duty on or after
the Effective Date, Employee will be granted an initial annual leave balance of forty (40)
hours.
City of Moorpark and Troy Brown Employment Agreement Page 2
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(3) Vacation and Sick Leave. Employee is not eligible for vacation or sick
leave. The annual leave benefit is provided in lieu of vacation and sick leave benefits.
(4) Administrative Leave. Employee shall accrue administrative leave
consistent with the City Council adopted Management Benefits Resolution as applicable to
the City Manager position, and as such Resolution may be amended from time to time. As
of the Effective Date, administrative leave is granted at the rate of approximately ninety-six
(96) hours per year, accrued at the rate of 3.69 hours per pay period, with administrative
leave pro-rated for partial years.
(5) Other Leaves and Holidays. Employee shall be entitled to other leaves
and to holidays as provided in the City Council adopted Management Benefits Resolution
oras otherwise applicable to the City Manager position, as such Resolution or other acts of
the City Council may be amended from time to time. As a salaried, overtime exempt
employee, Employee's base salary includes compensation for work performed on any
holidays.
(6) Scheduling of Leave. Employee may schedule and use general,
administrative and other leave time at his discretion,with due regard for the demands of his
position and the needs of the City. Notwithstanding, any general,administrative and other
paid leaves of more than three (3) consecutive work days that is susceptible to advance
scheduling shall be approved in advance by the Mayor or in the Mayor's discretion by the
City Council.
(7) Professional Development. City shall pay for Employee's annual dues
for membership in professional organizations,as provided for in the annual budget,as may
be amended, and, if applicable, City policy.
(8) Expenses. City recognizes that Employee may incur certain expenses
of a non-personal and job related nature. City agrees to reimburse or to pay such business
expenses, which are incurred and submitted according to City's normal expense
reimbursement procedures and City Council adopted policies. To be eligible for
reimbursement, all expenses must be supported by documentation meeting City's normal
requirements and must be submitted within time limits established by City.
(9) Car Allowance. Employee's duties require that he have available
exclusive and unrestricted use of an automobile for business purposes and Employee
agrees to have a personal vehicle available for such use. In consideration of this, Employer
agrees to pay to Employee, during the term of this Agreement and in addition to other
salary and benefits, a car allowance consistent with the City Council adopted Management
Benefits Resolution as applicable to the City Manager position,as such Resolution may be
amended from time to time. As of the Effective Date, the amount of the car allowance is
$515.00 per month. The car allowance includes reimbursement for an appropriate
allocation of vehicle insurance and all other expenses of vehicle ownership, maintenance
and operation.
City of Moorpark and Troy Brown Employment Agreement Page 3
49
(10) Cell Phone. Employer will provide a monthly cell phone allowance
consistent with the City Council adopted Management Benefits Resolution as applicable to
the City Manager position, as such Resolution may be amended from time to time. As of
the Effective Date,the amount of the cell phone allowance is$70.00 per month. Employee
agrees to use a cell phone number with the local area code of 805 for work purposes. In
the event Employee is unable to secure a phone number with the 805 area code, use of the
820 area code is a permissible substitute.
(11) Relocation/Temporary HousinWTravel Expenses. Employer will
reimburse Employee for the actual and reasonable cost, not to exceed $20,000.00, of: (i)
travel expenses incurred following full execution of this Agreement to visit Moorpark for
Employee to prepare for and commence employment and for Employee to investigate
housing options; (ii) moving Employee (including his family) and personal property from
Northern California to a location within the corporate limits of the City of Moorpark and (iii)
temporary housing for Employee and his family within the corporate limits of the City of
Moorpark. Moving expenses include packing, moving, temporary storage costs (if
necessary), travel, unpacking and insurance charges. To be eligible for reimbursement,
expenses must be incurred and submitted within six (6) months of the Effective Date and
supported by documentation meeting Employer's normal requirements. Reimbursable
temporary housing expenses will not include utilities or refundable deposits. In addition to
other requirements, all reimbursement requests must be made within sixty(60)days of the
close of the month in which they are incurred.
(12) Bonding. City shall bear the full costs of fidelity or other bonds
required of Employee (if any) under any law or ordinance by virtue of his employment as
City Manager.
5. EVALUATIONS. Employee shall report to and may be evaluated by the City
Council. Employee's performance will be reviewed approximately six (6) months after the
Effective Date of this Agreement and within approximately thirty (30) days of the annual
anniversary of this Agreement, thereafter. Employee will request and schedule such
reviews, as appropriate pursuant to City Council agenda procedures or as otherwise
directed by City Council. Nothing in this paragraph is intended to limit additional interim
evaluations or review or to limit the normal communications process between the City
Council and Employee.
6. INDEMNIFICATION. Except as otherwise permitted, provided, limited or
required by law, including without limitation California Government Code Sections 825, 995,
and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed
against Employee arising out of an act or omission by Employee occurring in the course
and scope of Employee's performance of his duties under this Agreement. However, in the
event City provides funds for legal criminal defense pursuant to this section and terms of
the Government Code, Employee shall reimburse the City for such legal criminal defense
funds if Employee is convicted of a crime involving an abuse of office or position, as
provided by Government Code Sections 53243— 53243.4.
City of Moorpark and Troy Brown Employment Agreement Page 4
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7. AT-WILL EMPLOYMENT RELATIONSHIP.
A. Consistent with the Moorpark Municipal Code Section 2.12.010 and California
Government Code Section 36506, Employee is appointed by and serves at the pleasure of
the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employer to terminate this Agreement and the employment of Employee,with or
without cause. Employer shall pay Employee for all services through the effective date of
termination and Employee shall have no right to any additional compensation or payment,
except as provided under Section 8 (Severance), below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of Employee to resign from his employment with Employer, subject only to Employee
providing sixty (60) calendar days prior written notice to Employer. The City Council may
agree to waive some or all of the notice period.
8. SEVERANCE.
A. If Employer terminates this Agreement (thereby terminating Employee's
Employment),without cause, Employer shall pay Employee a lump sum severance benefit
in accord with the following schedule:
(1) An amount equal to three(3)months of his then applicable base salary
if terminated without cause within one(1)year of the Effective Date,through and including
March 2, 2019.
(2) An amount equal to six(6)months of his then applicable base salary if
terminated without cause from and following the one (1) year anniversary of the Effective
Date (March 3, 2019), and during which this Agreement remains in effect.
B. If Employer terminates this Agreement (thereby terminating Employee's
Employment),with cause, Employee shall not be entitled to any severance. As used in this
Agreement, cause shall mean termination due to:
(1) A conviction or a plea bargain,judgment or adverse determination by
any court,the State Attorney General, a grand jury, or the California Fair Political Practices
Commission for any felony, intentional tort, crime of moral turpitude or violation of any
statute or law constituting forfeiture of office,misconduct in office, misuse of public funds or
conflict of interest;
(2) A conviction of a misdemeanor arising out of Employee's duties under
this Agreement and involving a willful or intentional violation of law;
(3) A continued willful abandonment of duties;
(4) A pattern of repeated, willful and intentional failure to carry out
materially significant and legally constituted policy decisions of the City Council made by
City of Moorpark and Troy Brown Employment Agreement Page 5
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the City Council as a body, or persistent and willful violation of properly established rules
and procedures;
(5) Employee is found to have committed an unethical act involving
personal gain resulting in expulsion from the International City/County Management
Association; and
(6) Any other action or inaction by Employee that materially and
substantially impedes or disrupts the performance of City or its organizational units, or is
detrimental to employee safety or public safety.
C. If Employee terminates this Agreement (thereby terminating Employee's
Employment), Employee shall not be entitled to any severance.
D. Upon any separation from employment, Employee will be compensated for all
accrued but unused annual leave and administrative leave.
E. Any other term of this Agreement notwithstanding, the maximum severance
that Employee may receive under this Agreement shall not exceed the limitations provided
in Government Code Sections 53260 — 53264, or other applicable law. Further, in the
event Employee is convicted of a crime involving an abuse of office or position, Employee
shall reimburse the City for any paid leave or cash settlement (including severance), as
provided by Government Code Sections 53243—53243.4.
9. PROPRIETARY AND CONFIDENTIAL INFORMATION. "Proprietary
Information"is all information and any idea pertaining in any manner to the business of City
(or City affiliate), its employees, clients, consultants, or business associates, which was
produced by any other employee of City in the course of his/her employment or otherwise
produced or acquired by or on behalf of City. Proprietary Information shall include,without
limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how,
software and other computer programs, copyrightable material, marketing plans,strategies,
sales, financial reports, forecasts, and customer lists. All Proprietary Information not
generally known outside of City's organization, and all Proprietary Information so known
only through improper means, shall be deemed "Confidential Information." During his
employment by City, Employee shall use Proprietary Information, and shall 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 termination of
employment, Employee shall not use any Proprietary Information and shall not disclose any
Confidential Information without the express written consent of City, except where such
information is properly obtained by means available to the public and not as a result of
employment, or where such information is legally mandated. Employee agrees to not make
use,either directly or indirectly, of City's Confidential Information for his personal benefit or
for the benefit of any other person, firm, corporation, agency or other entity. Employee
further agrees to not disclose such Confidential Information in any form or medium and will
not reveal, disclose, identify, or otherwise provide City's Confidential Information to any
other person, firm, corporation, or other agency or entity, including the general public,
directly or indirectly. Employee's obligations under this Section shall survive the termination
City of Moorpark and Troy Brown Employment Agreement Page 6
52
of his employment and the expiration of this Agreement. Consent for use or disclosure,
when required, is at the discretion of the City Council or a City Official to which the City
Council has delegated authority.
10. INTEGRATION OF AGREEMENT. This Agreement is intended to be the
final, complete, and exclusive statement of the terms of Employee's employment by
Employer. This Agreement contains the entire agreement between Employer and
Employee regarding the subject matter hereof, and supersedes all other prior and
contemporaneous agreements and statements,whether written or oral,express or implied,
pertaining in any manner to the employment of Employee, and it may not be contradicted
by evidence of any prior or contemporaneous statements or agreements. The foregoing
notwithstanding, Employee acknowledges that, except as expressly provided in this
Agreement, his employment is subject to City's generally applicable rules and policies
•
pertaining to employment matters, such as those addressing equal employment
opportunity, sexual harassment and violence in the workplace.
11. METHOD OF AMENDMENT. No amendments to this Agreement may be
made except in writing, signed and dated by City and Employee.
12. NOTICES. Any notice to City under this Agreement shall be given in writing
to City, either by personal service or by registered or certified mail, postage prepaid,
addressed to the City Clerk at the City's then principal place of business. A courtesy copy
shall be given to the City Attorney in a like manner. Any such notice to Employee shall be
given in a like manner and, if mailed, shall be addressed to Employee at his home address
then shown in City's files. For the purpose of determining compliance with any time limit in
this Agreement, a notice shall be deemed to have been duly given (a) on the date of
delivery, if served personally on the party to whom notice is to be given, or(b) on the third
calendar day after mailing, if mailed to the party to whom the notice is to be given in the
manner provided in this section. Actual notice will be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
13. GENERAL PROVISIONS.
A. If any provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall nevertheless remain in full force and effect. If any
provision is held invalid or unenforceable with respect to particular circumstances, it shall
nevertheless remain in full force and effect in all other circumstances.
B. This Agreement shall be governed by and construed in accordance with the
laws of the State of California, and any action filed in any court for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein shall
be filed in the applicable court in Ventura County, California.
C. Employee acknowledges that he has had the opportunity and has conducted
an independent review of the financial and legal effects of this Agreement. Employee
acknowledges that he has made an independent judgment upon the financial and legal
City of Moorpark and Troy Brown Employment Agreement Page 7
53
effects of this Agreement and has not relied upon any representation of City, its officers,
agents or employees other than those expressly set forth in this Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be signed and
executed personally or on its behalf by its duly authorized representative on the date first
listed above.
EMPLOYEE:
461. iihnita0
Tro' Brow
CITY OF MOORPARK:
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
City of Moorpark and Troy Brown Employment Agreement Page 8
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