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HomeMy WebLinkAboutRES CC 2018 3698 2018 0502 RESOLUTION NO. 2018-3698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN WHEREAS, on February 7, 2018, the City Council approved Resolution No. 2018-3669 which appointed Troy Brown as Moorpark City Manager effective March 3, 2018, and approved an Employment Agreement in connection therewith; and WHEREAS, Subsection 4.B(11) of the Employment Agreement currently provides, in relevant part, that the City will reimburse Employee for the "actual and reasonable cost, not to exceed $20,000, 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"; and WHEREAS, the City and Employee have determined that the provisions in the Employment Agreement regarding relocation and temporary housing expenses do not accurately reflect the intent of the parties, and that the time periods for eligible expenses and reimbursement should be revised, and now desire to have those provisions clarified through an amendment to the Employment Agreement; and WHEREAS, the City and Employee desire that Subsection 4.B(11) of the Employment Agreement reflect the true intent of the parties that expenses under subpart (i) include expenses of Employee's immediate family, that subpart (ii) be clarified to include moving expenses only of Employee and his immediate family, that subpart(iii) be clarified to include temporary housing expenses incurred outside the City of Moorpark, and that the time periods for incurring and submitting reimbursement requests be revised, as shown in Amendment No. 1 to Employment Agreement, attached hereto as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Amendment No. 1 to Employment Agreement between the City of Moorpark and Troy Brown, attached hereto as Exhibit A. Resolution No. 2018-3698 Page 2 SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause it to be filed in the book of original resolutions. PASSED AND ADOPTED this 2nd day of May, 2018. • ice S. Parvin, Mayor ATTEST: 111410111V". @York: -41°94.4.441. dillEkgp Maureen Benson, City Clerk 1)'eri u•-4 Exhibit A: Amendment No. 1 to Employment Agreement between the City of Moorpark and Troy Brown Resolution No. 2018-3698 Page 3 EXHIBIT A AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN This Amendment No. 1 to the February 7, 2018 Employment Agreement ("Employment Agreement") between the CITY OF MOORPARK, a California municipal corporation and general law city ("the CITY"), and TROY BROWN ("EMPLOYEE"), an individual, is made and entered into this day of May, 2018. RECITALS WHEREAS, on February 7, 2018, the CITY and EMPLOYEE entered into an Employment Agreement for the Non-Competitive Service, at-will position of City Manager; and WHEREAS, the CITY and EMPLOYEE have determined that the provisions in the Employment Agreement regarding relocation and temporary housing expenses do not accurately reflect the intent of the parties, and now desire to have those provisions clarified through an amendment to the Employment Agreement; WHEREAS, Subsection 4.6(11), Relocation/Temporary Housing/Travel Expenses, of the Employment Agreement is proposed to be amended; and WHEREAS, this Amendment No. 1 to the 2018 Employment Agreement does not increase EMPLOYEE's total salary and/or compensation. NOW, THEREFORE, it is mutually agreed by and between the parties to amend the Employment Agreement as follows: Section 1. Subsection 4.B(11), Relocation/Temporary Housing/Travel Expenses, of the Employment Agreement is replaced in its entirety as follows, with the approved changes shown through the use of legislative format: "(11) Relocation/Temporary Housing/Travel 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 and his immediate family to investigate housing options; (ii) moving Employee(including his immediate 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 immediate 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 withinno later than 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 madcsubmitted to the Finance Director within eixtyone hundred twenty (6120) days of the close of the month in which they are incurred." Resolution No. 2018-3698 Page 4 Section 2. Except as revised by this Amendment No. 1, all of the other provisions of the Employment Agreement shall remain in full force and effect. CITY OF MOORPARK TROY BROWN By: By: Janice Parvin, Mayor Troy Brown, City Manager Attest: Maureen Benson, City Clerk Resolution No. 2018-3698 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3698 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of May, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN:None WITNESS my hand and the official seal of said City this 3rd day of May, 2018. Maureen Benson, City Clerk (seal) .;"•14AlliaellAgL41441 '.iv?