The URL can be used to link to this page

Home My WebLink AboutCC Resolution 26-13430 - Amending the First Amended Agreement for City Clerk ServicesRESOLUTION NO. 26-13430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT TO THE FIRST AMENDED AGREEMENT FOR CITY CLERK SERVICES TO PROVIDE FOR A MERIT INCREASE. WHEREAS, in August 2022, the City of Campbell ("City") entered into an Agreement for City Clerk Services with Andrea Sanders ("City Clerk"); and WHEREAS, in August 2023, the City and the City Clerk agreed to the First Amended Agreement for City Clerk Services ("First Amended Agreement"); and WHEREAS, on July 7, 2026, the City Council conducted its annual performance evaluation of the City Clerk and directed staff to return with a proposed amendment to the First Amended Agreement to reflect a merit increase from Step 4 (Eighty-seven Dollars and Thirty-one cents ($87.31) per hour) of the City's Classification and Salary Schedule to Step 5 (Ninety-one Dollars and Sixty-nine cents ($91.69) per hour) of the City's Classification and Salary Schedule; and WHEREAS, Section 2.16.020 of the Campbell Municipal Code provides that compensation for all appointed officers and employees of the City shall be fixed by Resolution; NOW THEREFORE BE IT RESOLVED that the City Council hereby approves an amendment to the First Amended Agreement for City Clerk Services to replace the second sentence of paragraph "2." entitled, "PAYMENT" with the language below: "The compensation for City Clerk as of the first pay period in August 2026 is Ninety-one Dollars and Sixty-nine cents ($91.69) per hour, which amount may be adjusted from time to time." PASSED AND ADOPTED this 18th day of August 2026, by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None APROVED: r 1i__/1 Ah-� Daniel E. Furta o, Mayor ATTEST: r 6CIL4 W- ,- Andrea Sanders, City Clerk CITY OF CAMPBELL FIRST AMENDED AGREEMENT FOR CITY CLERK SERVICES This First Amended Agreement for City Clerk Services ("First Amended Agreement") is between the City of Campbell ("City"), a municipal corporation and general law city, and Andrea Sanders (hereafter, collectively referred to as "Parties"), and is effective upon execution. WHEREAS, Campbell voters approved the conversion of the City Clerk position from an elected position to an appointed position at the November 2, 2012 General Municipal Election; and WHEREAS, on July 1 2022, the City Council appointed Andrea Sanders, then Deputy City Clerk, as Acting Interim City Clerk, pursuant to Government Code Section 36510; and WHEREAS, on August 2, 2022, the City Council appointed Andrea Sanders as the City Clerk, pursuant to Government Code Section 36510, at a rate of pay of $65.16 per hour; and WHEREAS, City desires to continue to employ Andrea Sanders (hereafter, "City Clerk") as its City Clerk and Andrea Sanders desires to continue to be employed by the City as its appointed City Clerk; and WHEREAS, City desires to provide City Clerk with certain benefits, establish certain conditions of employment, and set working conditions for City Clerk. NOW THEREFORE, for and in consideration of each other's mutual promises, the undersigned Parties agree as follows: DUTIES: City Clerk agrees to perform the function and duties of the City Clerk as set forth in applicable State or local laws, ordinances, resolutions, and policies, including the duties as outlined in the attached Job Description. 2. PAYMENT: During the term of her employment, City agrees to pay City Clerk for services rendered, pursuant to this First Amended Agreement, an annual base salary within the range adopted by the City Council for the position of City Clerk. The compensation for City Clerk as of the 7th day of August, 2023, is Seventy -Six Dollars and Eighty -Eight Cents ($76.88) per hour, which amount may be adjusted from time to time. The compensation shall be payable in bi-weekly installments at the same time as other employees of City are paid. Compensation will be evaluated at least annually. This evaluation will include consideration of the salary range for the position of City Clerk; annual increases afforded classified management employees; the City's willing nesslability to grant Page 1 of 3 First Amended Agreement for City Clerk Services August 2023 increases, as well as merit increases; "across-the-board" increases; and such one-time payments and/or bonuses available or provided to management employees. Salary adjustments can be made by City Council Resolution. City Clerk shall be entitled to receive holidays, sick leave, disability, retirement, life and other insurance, and other benefits and compensation, including car allowance and City contributions toward deferred compensation plan, as provided to other City classified management employees. For health insurance benefits, the City shall pay the full premium towards any health plan the City Clerk elects for her and her dependents. 3. CONTINUING EDUCATION: During the term of this employment contract, continuing education shall be maintained toward achieving Master Municipal Clerk Designation, and such other continuing education as is annually approved by the City Council. 4. EVALUATION: The City Council shall review and evaluate City Clerk annually during the month of June. As part of the review process, a subcommittee of the City Council may conduct a review and make recommendations to the City Council. City Clerk may also be reviewed and evaluated at any other times the City Council deems necessary and appropriate. S. TERM: This First Amended Agreement shall remain in effect from year to year until terminated. 6. TERMINATION: Because an intimate and confidential relationship is necessary between City Clerk and City, City Clerk understands and agrees that City Clerk serves at the pleasure of City, and may be terminated at the will of the City Council at any time and without prior notice, and without statement of reasons or grounds therefore. City may terminate this First Amended Agreement at any time, provided City continues to pay City Clerk's salary and benefits for a period of six (6) months from the date City Clerk vacates the position of City Clerk. City Clerk shall not be removed during the sixty (60) day period following any change in membership of the City Council except upon a vote of at least four/fifths of the City Council. 7. RESIGNATION: In the event City Clerk voluntarily chooses to resign her employment, City Clerk shall give City at least thirty (30) days' written notice so City may undertake a reasonable effort to find a successor. 8. BONDS: City shall bear the full cost of any fidelity or other bonds required of City Clerk under any law or ordinance. 9. NON -WAIVER: City's waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as the waiver of any term, Page 2 of 3 First Amended Agreement for City Clerk Services August 2023 condition or covenant or waiver of the breach of any other term, condition, or covenant. 10. ENTIRE AGREEMENT: This First Amended Agreement contains the entire agreement between City and City Clerk relating to the matters contained herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this First Amended Agreement are of no force or effect. Subsequent modifications to this First Amended Agreement shall be in writing and signed by both City and City Clerk. 11. SEVERABILITY: if any term, condition, or covenant of this First Amended Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this First Amended Agreement shall be valid and binding on City and City Clerk. 12. GOVERNING LAW: This First Amended Agreement shall be governed and construed in accordance with the laws of the State of California. 13. EXECUTION: This First Amended Agreement may be executed in counterparts and will be binding as so executed. The undersigned Parties having read and understood the foregoing terms and conditions of this First Amended Agreement hereby agree to be bound thereby. l Dated: qla?,716;� s'' hl� Andrea Sand , City Clerk City of Campbell: Dated: by Anne Bybee, Mayor Page 3 of 3 First Amended Agreement for City Clerk Services August 2023