ADJOURNED REGULAR COUNCIL MEETING AGENDA
Eastvale City Hall Council Chambers
12363 Limonite Avenue, Suite 900, Eastvale, CA 91752
Wednesday, November 16, 2022
Adjourned Regular Council Meeting:
5:00 PM
City Councilmembers
Clint Lorimore, Mayor
Todd Rigby, Mayor Pro Tem
Christian Dinco, Councilmember
Brandon Plott, Councilmember
Jocelyn Yow, Councilmember
Henry Garcia, Interim City Manager
Erica Vega, City Attorney (Contract Legal Services)
Marc Donohue, City Clerk/Communications Director
This Agenda contains a brief general descrip-on of each item to be considered. Except as otherwise provided by law, no ac-on or direc-on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor-ng documents, including staff reports, and any wri-ngs or documents provided to a majority of the City Council a3er the pos-ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov
.
Members of the public can observe the mee-ng by viewing the live-stream at www.eastvaleca.gov
and may provide public
comment by sending comments to the City Clerk's Office by email at [email protected]
. Staff will monitor emails to the
extent possible during the mee-ng and provide comments as possible. All comments will be made part of the record. Comments will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discre-on to reduce -me on public comment. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking -me. If a comment is received before the agenda item is heard but before the close of the mee-ng, the comment will all be included as a part of the record of the meeting but will not be read into the record.
In compliance with the Americans with Disabili-es Act, if you need special assistance to par-cipate in this mee-ng, you should contact the City Clerk’s Office at (951) 361-0900.
Regular mee-ngs are recorded and made available on the City’s website at www.eastvaleca.gov
. Mee-ng recordings are uploaded
to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1 1.
CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT
5. CITY COUNCIL BUSINESS
5.1. Approval of City Manager Employment Agreement & Appointment of New City Manager
Submitted by: Erica Vega, City Attorney
RECOMMENDED ACTION(S):
It is recommended that the City Council approve the proposed Employment Agreement for the Position of City Manager between the City of Eastvale and Mark Orme, authorize the Mayor to execute the Agreement, appoint Mark Orme as the City Manager effective November 28, 2022, and direct the City Clerk to administer the Oath of Office.
6. CLOSED SESSION PUBLIC COMMENT
7. CLOSED SESSION
7.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 164-030-013, 164- 303-014 Agency Negotiator: Gina Gibson-Williams, Community Development Director Negotiating Parties: Catalyst Retail, Stoic Realty Under Negotiation: Price and Terms of Payment
8. ADJOURNMENT
2 AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 5.1
November 16, 2022
Approval of City Manager Employment Agreement & Appointment of New City Manager
Prepared By:
Erica Vega, City Attorney
Recommended Action(s)
It is recommended that the City Council approve the proposed Employment Agreement for the Posi
on of City Manager between the City of Eastvale and Mark Orme, authorize the Mayor to execute the Agreement, appoint Mark Orme as the City Manager effec ve November 28, 2022, and
direct the City Clerk to administer the Oath of Office.
Summary
The City conducted a rigorous and extensive recruitment process for the selec on of a new City
Manager. The City Council conducted two rounds of interviews with applicants and selected Mark Orme to serve as the City's next City Manager. Contract nego a
ons were conducted and the City
Council and Mr. Orme have agreed to the terms and condi ons of his employment contained in the
proposed Employment Agreement a,ached to this staff report. If the Agreement is approved by the City Council, Mr. Orme would start as City Manager on November 28, 2022.
Background
Mark Orme comes to the City of Eastvale a-er serving as the City Manager for the City of Chico for approximately 8 years, and prior to that as an Assistant City Manager in Chico. The City of Chico is a full-service City with over 400 employees.
The proposed Employment Agreement between the City of Eastvale and Mark Orme provides for a base salary of $249,500. Mr. Orme will also receive the same insurance and CalPERS re rement
benefits provided to all other full-
me at-will City employees. In addi
on, the City will provide Mr. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
3 Orme with a deferred compensa
on plan with the City matching the employee contribu
ons up to
4% of his annual base salary. Mr. Orme will also be provided vaca on, sick and management leaves.
The Agreement also provides Mr. Orme with a vehicle allowance of $600 per month, a cellphone and internet allowance of $100 per month, and a one-
me reimbursement for reloca
on expenses
up to $7,500. The Agreement has a 3 year term with the op on for the par
es to agree to extend
the term for an additional 2 years.
Environmental
The approval of the Employment Agreement is not a project subject to environmental review under the California Environmental Quality Act.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
N/A
Fiscal Impact
The City Manager's compensa
on will be a fiscal impact to the General Fund in the amounts discussed above in the Background sec
on. These amounts are already budgeted for in the City's adopted fiscal year 2022-23 budget.
Prior City Council/Commission Action
The City Council conducted closed sessions to review and interview applicants and to discuss the terms and condi
ons of employment on October 12th, October 21st, November 2nd, and November 9th.
Attachment(s)
Attachment 1 - City Manager Employment Agreement
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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EMPLOYMENT AGREEMENT
For the Position of
CITY MANAGER
This Employment Agreement for the Position of City Manager (“Agreement”) is made and entered into this 16th day of November, 2022, by and between the CITY OF EASTVALE (“CITY”), a California municipal corporation and general law city, and MARK ORME (“ORME”), an individual, on the following terms and conditions set forth below.
Both CITY and ORME may individually be described as a “Party” or jointly described as the “Parties.”
RECITALS
A. CITY desires to employ the services of ORME as its City Manager, to carry out the duties and responsibilities of City Manager as defined herein and in Eastvale Municipal Code (“EMC”).
B. ORME desires to accept employment as City Manager in consideration of, and subject to, the terms, conditions, and benefits set forth in this Agreement.
OPERATIVE PROVISIONS
In consideration of the terms, conditions, promises and agreements herein, the Parties agree as follows:
1. Position and Duties.
1.1 Position. ORME accepts employment with CITY as its City Manager and shall perform all functions, duties and services set forth in Section 1. 4 [Duties] of this Agreement. ORME shall provide service at the direction and under the supervision of the City Council. It is the intent of the Parties that the City Manager shall keep the City Council fully informed of all significant ongoing operations of CITY. Toward that end, ORME shall report directly to the City Council and will periodically, or as may be otherwise specifically requested by the City Council, provide status reports to the City Council on his activities and those of CITY. ORME shall not be absent for more than two (2) working days without prior written notice to the City Council and reasonable justification. ORME shall provide the City Council with reasonable advance written notice of absences due to vacation or use of management leave, and shall obtain prior approval from City Council for planned absences due to vacation or administrative leave of more than fourteen (14) consecutive working days. Absences that are not in compliance with these provisions shall be considered unauthorized absences or leaves for the purpose of Section 3.3.
1.2 Commencement Date / Period of Employment. The Parties agree that this Agreement shall commence and will be effective as of November 28, 2022, provided that 5 2
and subject to , approval of the Agreement by CITY’s City Council and execution of the Agreement by ORME and CITY’s Mayor. ORME shall serve as City Manager for a term of three (3) years subject to either of the Parties terminating the Agreement as provided in Section 3 [Termination] of this Agreem ent. In the event that none of the foregoing has occurred within the three (3) year term, then this Agreement shall automatically expire. The Parties may mutually agree, by written amendment of this Agreement approved by the City Council and executed by ORME and CITY’s Mayor, to extend the term for a further stated period of time up to two (2) additional years.
1.3 At-Will. ORME acknowledges that he is an at -will employee of CITY who shall, at all times, serve at the pleasure of the City Council during the period of his service hereunder. Nothing in this Agreement is intended to, or does, confer upon ORME any right to any property interest in continued employm ent, or any due process right to a hearing before or after a decision by the City Council to terminate his employment as City Manager, except as is expressly provided in Section 3 [Termination] of this Agreement. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of ORME as City Manager as provided in Section 3 [Termination]. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of ORME to terminate the services from the position of City Manager with CITY, as provided in Section 3 [Termination]. This at-will employment Agreement shall be expressly subject to the rights and obligations of CITY and ORME, as set forth in Section 3 [Termination] below.
1.4 Duties. ORME shall serve as CITY’s City Manager and shall be vested with the powers, duties and responsibilities of the City Manager set forth in Chapter 2.08 of the EMC, as may be amended from time to time, the terms of which are incorporated herein by reference, and as set forth in the Job Description for the position of City Manager attached hereto and incorporated herein by this reference as Exhibit “A”. Any conflict between rights, obligations, duties or terms this Agreement and Chapter 2.08 of the EMC shall be resolved in favor of this Agreement. It is the intent of the City Council that ORME as the City Manager acts as the chief executive officer of CITY. Without additional compensation, ORME shall provide such other services as are customary and appropriate to the position of City Manager. ORME shall devote his best efforts to the performance of these duties.
1.5 Hours of Work . ORME shall devote the time necessary to ad equately perform his duties as City Manager. The Parties expect that a minimum of forty (40) hours per week including time outside of the normal business hours, will be required to satisfy this requirement. Toward that end, ORME shall be allowed reasonable flexibility in setting his own office hours, provided the schedule of such hours delivers adequate availability to the City Council, CITY staff, and members of the community during normal CITY business hours and for the performance of his duties and of C ITY business. The position of City Manager shall be deemed an exempt position under California wage and hour law and under the federal Fair Labor Standards Act . ORME’s compensation (whether salary or benefits or other allowances) is not based on hours worked and ORME shall not be entitled to any compensation for overtime.
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1.6 Regional and Professional Activity . The City Council desires ORME to be reasonably active in national, statewide, regional and professional organizations that will contribute to City Manager’s professional development and standing and that will contribute to the advancement of CITY’s interests and standing. Toward that end, ORME may undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY , subject to the Ci ty Council’s budgetary approval. These activities may include, without limitation, participation in the California League of Cities, ICMA, or other similar national, statewide, regional or professional organizations, provided that such activities do not i n any way interfere with or adversely affect his employment as City Manager or the performance of his duties as provided herein. CITY agrees to budget and pay for the dues and subscriptions of the City Manager necessary for his participation in national, statewide, regional and professional organizations that have been approved by the City Council. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, ORME’s reasonable and necessary travel, business and subsistence expenses for the activities described herein.
1.7 Other Activity. In accordance with Government Code section 1126, during the period of his employment, ORME shall not accept, without the express prior written consent of the City Council, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under section 1.7 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that migh t cause a conflict of interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of ORME’s duties as City Manager.
1.8 Reimbursement. CITY shall reimburse ORME for reasonable and necessary travel, subsistence and other business expenses incurred by ORME in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and CITY’s adopted policies for the reimbursement of travel and other business -related expenses.
1.9 Performance Evaluation . ORME will receive a performance evaluation annually. In addition, the City Council will conduct an informal check -in on ORME’s performance six (6) months after the effective date of this Agreement. The exact timing of performance evaluations will be within the discretion of the City Council. Nothing in this Agreement shall be construed as mandating a strict schedule for the conduct of performance evaluations , and the City Council shall have the discretion to conduct performance evaluations more or less frequently as deemed appropriate .
2. Compensation.
2.1 Base Salary. ORME shall receive an annual base salary of Two Hundred Forty Nine Thousand Five Hundred Dollars ($24 9,500.00) paid on a pro -rated basis according to the bi-weekly payroll schedule in place for CITY employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law 7 4
and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs.
2.2 Adjustments to Compensation. ORME’s compensation will be evaluated in conjunction with ORME’s annual performance evaluation. Any adjustment in ORME’s compensation shall be solely at the discretion of the City Council and based on ORME’s performance, except as provided in subsection s 2.2.1 and 2.2.2 below. Adjustments to ORME’s compensation are not governed by or subject to CITY’s Personnel Policies . All adjustments in compensation are subject to appro val by the affirmative vote of at least three members of the City Council voting on the item at a duly noticed and agendized public meeting.
2.2.1 Beginning January 1, 2024, if the City Council approves a cost of living adjustment (COLA) to the salaries and hourly wages for all CITY employees ORME shall receive the same COLA to his base salary.
2.2.2 Changes to ORME’s compensation based on his performance will be considered by City Council in the first half of odd-numbered years beginning in year 2025, and any such changes shall be finalized prior to the adoption of the budget for the subsequent fiscal year.
2.3 Benefits. CITY intends to provide ORME benefits generally consistent with those provided to CITY employees. The benefits to be provided to ORME are as follows:
2.3.1 Insurance. CITY shall provide ORME with the insurance benefits, including but not limited to medical, dental, vision, life, and disability insurance policies, as are provided to all other full -time at -will CITY employees under Chapter 3 of CITY’s Personnel Policies and Procedures, as they may be amended from time to time. Such insurance benefits shall be provided to ORME on the same terms and conditions as they are offered to all other full-time at-will CITY employees.
2.3.2 Retirement. ORME represents that he is a “Classic Member,” as that term is defined in PEPRA and its implementing regulations , in the State of California's Public Employees Retirement System (“CalPERS”). ORME shall participate in the CITY’s CalPERS retirement plan for Classic Members (2.0% at age 60 formula) unless CalPERS determines that ORME is a “New Member,” as that term is defined in PEPRA, in which ORME shall participate in the CITY’s CalPERS retirement plan for New Members (2% at age 62 formula). ORME must pay all (100%) of the required employee contribution for the CalPERS retirement plan as required and adjusted from time t o time by CalPERS. The City must pay all (100%) of the required employer contribution for the CalPERS retirement plan as required and adjusted from time to time by CalPERS.
2.3.3 Deferred Compensation. The CITY will provide ORME with a deferred compensation plan and match the contributions to said plan made by ORME up to four percent (4%) of ORME’s annual base salary or the maximum allowable amount under the law, whichever is lower.
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2.3.4 Holidays. ORME shall be entitled to those paid holidays granted to CITY employees, which consist of the following:
New Year’s Day Labor Day
Martin Luther King Day Veterans Day
President’s Day Thanksgiving Day
Floating Holiday Day after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
2.4 Vacation and Leave.
2.4.1 Vacation. ORME will accrue vacation leave at the rate of one hundred sixty (160) hours per year up to a maximum accrual of four hundred (400) hours. Vacation shall be earned on a prorated basis for time worked. ORME shall receive a one-time credit of eighty (80) hours of vacation leave upon the effective date of this Agreement. ORME may cash out accrued, unused vacation leave in the same manner as other full -time at -will CITY employees consistent with CITY’s Personnel Policies and Procedures.
2.4.2 Sick Leave. ORME shall accrue sick leave at the rate of ninety (90) hours per year up to a maximum accrual of four hundred fifty (450) hours. Sick leave shall be earned on a prorated basis for time worked. ORME shall receive a one-time credit of forty (40) hours of sick leave upon the effective date of this Agreement. Sick leave cannot be cashed out. Upon termination for any cause other than retirement, sick leave time is forfeited. If ORME retires from CITY service, sick time may be converted to years of service as regulated by CalPERS.
2.4.3 Management Leave. ORME will be provided management leave as provided for in Section 4.15 of CITY’s Personnel Policies and Procedures.
2.4.4 Other Leaves ORME shall be provided bereavement leave, jury duty leave, and witness appearance leave as provided for in Sections 4.14 and 4.16 of CITY’s Personnel Policies and Procedures.
2.5 Miscellaneous Benefits.
2.5.1 Vehicle Allowance. ORME shall receive a monthly vehicle allowance of six hundred dollars ($600.00).
2.5.2 Cellphone and Internet Allowance . ORME shall receive a monthly cellphone allowance and internet allowance of one hundred dollars ($100.00).
2.5.3 Relocation Expenses . CITY will reimburse ORME for his mo ving expenses in an amount not to exceed seven thousand five hundred dollars ($7,500.00) 9 6
3. Termination.
3.1 By Employee Not-for-Cause. ORME may terminate this Agreement for any reason, and at any time, with or without cause, by providing CITY with thirty (30) days prior written notice thereof, notwithstanding anything to the contrary contained in or arising from any Personnel Policies or past CITY practices relating to the employment, discipline, or termination of its employees.
3.2 BY CITY Not-for-Cause. Subject to an affirmative vote of the majority of the members of the City Council, the CITY may terminate this Agreement for any reason, and at any time, without cause, by providing ORME with thirty (30) days prior written notice thereof, notwithstanding anything to the contrary contained in or arising from any Personnel Policies or past CITY practices relating to the employment, discipline, or termination of its employees. ORME expressly waives any rights provided under CITY’s Personnel Policies, Municipal Code or under any state or federal law, to the extent legally allowable, to any form of pre- or post- termination hearing, appeal or other administrative process. CITY has the right to immediately place ORME on paid administrative leave and such leave time shall count toward the thirty (30) day notice period. In the event CITY terminates the Agreement not-for-cause, and provided that (i) ORME does not challenge the termination, including but not limited to by means of appeal or civil or administrative action, and (ii) timely and fully executes the Separation Agreement attached hereto as “Exhibit B”, then CITY shall pay ORME a lump sum equal to the lesser of either six (6) months of ORME’s then base salary amount, or the number of full months remaining in the term of the Agreement multiplied by his then base salary amount. Severance does not include any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which ORME may otherwise be entitled to under the law. Pursuant to Government Code section 53260 the maximum cash settlement for the termination of the Agreement may not exceed the base salary multiplie d by the number of months (not to exceed 18) remaining on the Agreement. For the purpose of this Agreement, the Parties have agreed that the maximum number of months to be used for calculation of the Severance payment shall be six (6) months.
3.3 By City for Cause. CITY may immediately terminate this Agreement at any time by providing ORME written notice of his termination for cause. No Severance or any further salary shall be paid in the event ORME’s employment is terminated for cause except for any accrued but unpaid salary, less applicable deductions, deferred compensation, benefits or any accrued compensable leave to which ORME may otherwise be entitled to receive under the law. For purposes of this Agreement, cause for termination shall be deemed to exist where : (1) ORME is formally charged by the appropriate prosecuting agency with any of the following criminal conduct: theft or attempted theft from the CITY; fraud or other type of criminal dishonesty; misuse or misappropriation of public funds; assault, battery or other criminal physical injury to another person; any felony; solicitation, prostitution, or other sexually oriented crime; or for violating Government Code section 1090 et seq. and /or section 53243.4; (2) ORME is fined by the Fair Political Practices Commission for a violation of the Political Reform Act or FPPC Regulation in an amount in excess of one thousand five hundred dollars ( $1,500); (3) an inde pendent 10 7
investigation sustains that ORME engaged in unlawful discrimination or harassment of an official, officer, employee or agent of CITY or a third party while conducting CITY business or violated any provisions of the CITY’s Municipal Code; (4) unauthorized absence or leave in violation of section 1.1; (5) use or possession of illegal drugs; (6) material breach of this Agreement; (7) material acts of dishonesty; (8) persistent failure to disclose material information regarding the business or operation of the CITY necessary for the City Council to undertake its obligation as the elected legislative body of the CITY; or (9) material failure to follow clear and legal directives of a majority of City Council provided in a duly noticed public meeting, including closed session. ORME expressly waives any rights under CITY’s Personnel Policies, any rights provided for the City Manager under the EMC or under State or Federal law to any form of pre - or post -termination hearing, appeal, or other administrative process pertaining to termination, except when ORME has a California or federal constitutional right to a name clearing hearing.
3.4 Termination Obligations. ORME agrees that all property, including, without limitation, all equipment, tangible Proprietary 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 sha ll be returned promptly to CITY upon termination of ORME’s employment. ORME’s obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement.
3.5 Benefits Upon Termination. All benefits to which ORME is entitled under this Agreement shall cease upon ORME’s termination in accordance with this Section 3, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to ORME, or unless otherwise required by law.
3.6 Reimbursement Under Certain Circumstances. ORME acknowledges that Government Code section 53243 through 53243.4, inclusive, may require ORME to reimburse CITY for certain payments made by CITY to ORME during the term of his employment with CITY s hould he be convicted of a crime within t he meaning of Government Code section 53243.4.
4. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or 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 g enerally 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, ORME 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 11 8
Agreement. Following termination, ORME shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. ORME’s obligations under this Section shall survive the termination of his employment and the expiration of this Agreement.
5. Conflict Of Interest.
ORME represents and warrants to CITY that he presentl y has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement.
6. General Provisions.
6.1 Vehicle Operation. ORME shall operate any vehicle used in connection with the performance of his duties as City Manager in a safe manner and otherwise in observance of all established traffic safety laws and ordinances and shall maintain a valid California automobile driver’s license during the period of employment.
6.2 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in th e United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in ORME’s personnel file. ORME agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section.
City’s Notice Address:
City of Eastvale
Attn: City Council and City Attorney
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
City Manager’s Address:
[Deliver to last updated address in
personnel file.]
6.3 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Gov. Code section 810 et seq.], CITY will indemnify, defend, and hold ORME harmless from and against any claim, action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during ORME’s tenure as City Manager (“Matters”). This indemnification obligation shall survive expiration and termination of this Agreement only as to those Matters occurring during the term of the Agreement, but for which the corresponding claim, action, demand, suit, monetary judgment or other legal or administrative proceeding occurs or continues after the expiration or termination of this Agreement.
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6.4 Bonding. The CITY shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance.
6.5 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of ORME’s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of ORME, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to ORME and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control.
6.6 Amendments. This Agreement may not be amended except in a written document signed by ORME, approved by the City Council, and signed by CITY’s Mayor.
6.7 Waiver. Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
6.8 Assignment. ORME shall not assign any rights or obligations under this Agreement.
6.9 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
6.10 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs.
6.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Riverside County, State of California.
6.12 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. 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 ora l agreement, course of conduct, waiver or estoppel.
6.13 Acknowledgment. ORME acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its lega l effect, and that he has entered into it freely 13 10
and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement.
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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 ORME has signed and executed this Agreement, as of the date first indicated above.
CITY MANAGER
CITY OF EASTVALE
MARK ORME CLINT LORIMORE, Mayor
ATTEST: APPROVED AS TO FORM:
MARC DONOHUE, City Clerk ERICA VEGA, City Attorney
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EXHIBIT “A”
City Manager Job Description
Job Summary
DEFINITION
The mission of the City Manager's office includes the provision of professional leadership in the administration and execution of policies, strategic plans and objectives formulated by the City Council; the development and recommendation of alternative solutions to community problems for Council consideration; oversight of the day to day management of the City's operations; intergovernmental relations; the planning and development of new programs to meet future needs of the City; preparation of the annual budget; and fostering community pride in City government through excellent customer service.
SUPERVISION RECEIVED AND EXERCISED
The City Manager is appointed by the City Council and serves as the chief executive officer of the City. The City Manager's Office provides comprehensive coordination and direction of City activities, finances and personnel to deliver effective, efficient and economical municipal services. The City Manager's Office assists the City Clerk in providing staff support services to the City Council. The City Manager also directs the administration of personnel relations, participates in intergovernmental relations that affect Eastvale, and makes final investigations of citizen complaints.
Essential Functions
The City Manager is the administrative head of the government of the City under the direction and control of the City Council, except as otherwise provided in the Municipal Code. The City Manager is responsible for the efficient administration of all affairs of the City, which are under his/her control. In addition to the general powers as administrative head of the City government, and not as a limitation thereon, the City Manager will be expected and will have the power to:
1. Enforce all laws and ordinances of the City and to see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed;
2. Appoint, remove, promote and demote any and all officers and employees of the City, except elected officers, and the City Attorney, and specifically including the City Clerk and the City Treasurer (although the City Manager may serve in these positions as well), subject to all applicable personnel rules and regulations which may be adopted by the City;
3. Control, order and give directions to all department heads that are subject to his/her appointment and removal authority and to subordinate officers and employees of the City under his/her jurisdiction through their department heads; 16 13
4. Conduct studies and effect such organization and reorganization of offices, positions or units under his/her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business;
5. Recommend to the City Council for adoption such measures and ordinances as he/she deems necessary;
6. Attend all meetings of the City Council unless excused there from by the Mayor individually or the City Council as a whole, except when his/her evaluation or removal is under consideration;
7. Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval;
8. Keep the City Council at all times fully advised as to the financial condition and needs of the City;
9. Make investigations into the affairs of the City and any department or division thereof and any contract or other obligation of the City; and further to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City; and to enter into public works contracts, professional services agreements, and make purchases on behalf of the City as otherwise specified in the Municipal Code or by applicable State law;
10. Exercise general supervision over all public properties, which are under the control and jurisdiction of the City;
11. Have the same authority as the Mayor, as the convenience of the parties may dictate, to sign documents specified in Section 40602 of the California Government Code whenever such documents have been approved by the City Council for execution by resolution, motion, minute order, or other appropriate action;
12. Act as the Purchasing Agent;
13. Perform such other responsibilities and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council.
Experience, Training & License
A Bachelor's degree, from an accredited college or university is desired. A Master's degree in Public or Business Administration is preferred. Senior level municipal government experience, with either contract or full- service cities, and a stable employment history are also desired. 17 14
Should have demonstrated success in budget and finance, human resources, technology, economic development, media/community relations and intergovernmental relations.
While involvement with professional associations is acceptable, the City Manager's primary focus should be on the City's operations.
KNOWLEDGE, SKILLS, AND ABILITIES:
Knowledge of:
Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs; advanced principles and practices of municipal budget preparation and administration; modern municipal administrative methods and procedures, organizations and functions; current social, political and economic trends and operating problems of municipal government; applicable federal and state laws, rules and regulations regarding local government operations; principles of effective public relations and interrelationships with community groups and agencies, private businesses and other levels of government.
Ability to:
Keep the Council fully informed in a timely and accurate manner; select and motivate qualified staff, as well as develop and cross-train staff to provide flexibility; be hands- on, given the small size of the organization; be comfortable with an informal work environment; relate to the youth and diversity of the community; communicate in a clear and concise manner, both orally and in writing; work with citizens, stakeholders and city staff to identify ineffective or inefficient operational processes that may need to be overhauled; not be afraid of experimentation and will encourage citizen feedback and participation to ensure that City Hall is meeting the needs of the citizens; possess strong leadership skills and a high level of collaboration and community involvement; encourage and seek information and input from the community and proactively share information with the council, community and stakeholders; posses a customer service oriented demeanor; embrace the use of technology and social media for additional outreach and communication to involve our citizens in the decision making process.
Special Requirements
The person selected for this position should provide a vision for the future of the City.
He/she should be approachable, energetic and have a positive attitude. Finally, the new City Manager should be a mature leader who is respectful, honest and ethical and who has a professional presence.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this 18 15
class Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
While performing the duties of this class, the employee is constantly required to sit and frequently stand, walk, talk and hear, both in person and by telephone; use hands or fingers to handle, touch, or operate standard office equipment; and reach with hands and arms. The employee occasionally reaches for item above or below desk level, and lifts and carries records and documents, typically weighing less than 20 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.
Mental Demands:
While performing the duties of this class, the employee is regularly required to use oral and written communication skills; exercise sound judgment in the absence of specific guidelines; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given continual interruptions; and interact appropriately with staff, City officials, Boards, Commissions, contractors, consultants and others encountered in the course of work.
WORKING CONDITIONS
The employee typically works in an office environment. The employee will be required to attend Council meetings and work on weekends or during the evenings. Occasional driving is required to attend special meetings at various City facilities, training sites, and public and private events.
DISASTER SERVICE WORKER
In accordance with Government Code Section 3100, City of Eastvale Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly.
19 16
Exhibit “B”
Separation Agreement
20 17
SEPARATION AGREEMENT
1. PARTIES.
This Separation Agreement (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Eastvale, a municipal corporation (hereinafter referred to as “CITY”), and Mark Orme, an individual (hereinafter referred to as “EMPLOYEE”).
2. RECITALS.
2.1. EMPLOYEE was hired by CITY as its permanent City Manager, to serve at the pleasure of the City Council, as of November 28, 2022 that Employment Agreement for the Position of City M anager, dated November 16, 2022 (“EMPLOYMENT AGREEMENT”)
2.2. CITY and EMPLOYEE desire that EMPLOYEE resign and enter into this AGREEMENT, whereby EMPLOYEE receives severance compensation in exchange for executing this AGREEMENT including a general release and waiver of any and all claims that EMPLOYEE may have against 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 an y and all emplo yment relationships between CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as 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 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 postemployme nt 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 (“HIPAA”).
3. CONSIDERATION.
3.1 EMPLOYEE shall receive payment at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in the CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or the EMPLOYMENT AGREEMENT or any other agreement with CITY.
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3.2. In exchange for the waivers and releases set forth herein, CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in the EMPLOYMENT AGREEMENT 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.
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 CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and e ntities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreemen ts, 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 anytime from the beginning of time up to and including _______ __, ____ (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 t his AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of the EMPLOYMENT AGREEMENT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, 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 22 19
Labor Standards Act, the California Fair Employment and Housing Act, California Government Code section 12900 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.
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. section 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 he 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 OWBPA . EMPLOYEE further acknowledges that he 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, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he 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 he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his 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 he should consult with an attorney prior to executing this AGREEMENT;
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(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his 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 (“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 that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
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:
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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 th ey 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, age nt, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make 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, incl uding 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 an d forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against CITY or CITY PARTIES . In 25 22
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 CITY or 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 he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his 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 & Consultation fees: 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 .
EMPLOYEE shall provide CITY with consultation services (i ncluding deposition or trial testimony) in any litigation involving CITY which is reasonably related to acts or occurrences transpiring during his employment.
Said services shall be provided as needed by CITY at a rate of $100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his employment with CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against CITY or CITY PARTIES with any local, state or federal agency or court; that he 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 CITY or CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.
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7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOY EE 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 C LAIMS 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.
8. MISCELLANEOUS.
8.1. No Admission: Nothing contained herein shall be construed as an admission by 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.
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 b e 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, spous es, employees, 27 24
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, co venant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidit y of any such term, covenant, condition, provision or a greement shall in no way affect any other term, covenant, condition, provision or agre ement 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 counter part, 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.
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 t he parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE’s home address on file with THE CITY.
As to THE CITY:
City Clerk and City Attorney
City of Eastvale
12363 Limonite Ave., Suite 910
Eastvale, CA 91752
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IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agree ment, and the attorneys for CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.
Dated: ______________ EMPLOYEE
MARK ORME
Dated: ______________ CITY
__________________, Mayor
ATTEST:
____________________, City Clerk
APPROVED AS TO FORM:
__________________, City Attorney
29 AGENDA STAFF REPORT
City Council Meeting
CLOSED SESSION
Agenda Item No. 7.1
November 16, 2022
CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 164-030-013, 164-303-014 Agency Nego0ator: Gina Gibson- Williams, Community Development Director Nego0a0ng Par0es:
Catalyst Retail, Stoic Realty Under Nego0a0on: Price and Terms of Payment
Prepared By:
Recommended Action(s)
Not Applicable.
Summary
Not Applicable.
Background
Not Applicable.
Environmental
Not Applicable.
Strategic Plan Action - Priority Level:
N/A
| Target #:
N/A
| Goal #:
N/A
Not Applicable.
Fiscal Impact
Not Applicable.
Prior City Council/Commission Action
Not Applicable.
Attachment(s)
Not Applicable. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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