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CC Resolution 11797RESOLUTION NO. 11797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH WENDY WOOD FOR HER EMPLOYMENT AS CITY CLERK 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; and WHEREAS, the City Council has offered the position of City Clerk to Wendy Wood under the terms and conditions set forth in the Agreement that is attached hereto WHEREAS, Wendy Wood has accepted the position under the terms and conditions set forth in the Agreement that is attached hereto; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Mayor is authorized to execute an employment agreement with Wendy Wood for City Clerk, effective August 4 2015 PASSED AND ADOPTED this 7th day of April 2015 by the following roll call vote AYES COUnCIlmemberS. Gibbons Resnikoff Kotowski Baker Cristina NOES Councilmembers: None ABSENT Councilmembers. None D' Jeffrey Mayor ATTEST Anne Bybee City Clerk CITY OF CAMPBELL CITY CLERK EMPLOYMENT AGREEMENT This Agreement is between the City of Campbell, a municipal corporation and general law City ("City") and Wendy Wood ("City Clerk") It is effective August 4 2015 WHEREAS, Campbell voters approved the conversion of the office of City Clerk from an elected to appointed position at the November 2, 2012 General Municipal Election; WHEREAS the City Council will appoint the City Clerk pursuant to Government Code Section 36510 WHEREAS Wendy Wood desires to be employed by the City as its appointed City Clerk; and WHEREAS the City desires to provide certain benefits, establish certain conditions of employment, and to set working conditions of Wendy Wood (hereinafter referred to as 'City Clerk'). NOW THEREFORE, for and in consideration of each others mutual promises, the undersigned parties agree as follows. 1 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. During the term of her employment, City agrees to pay City Clerk for services rendered pursuant to this 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 22nd day of December 2015 is Forty-Nine Dollars and Seventy-Two Cents ($49 72) per hour and which amount may be increased 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 City's willingness/ability to grant increases, as well as merit increases; across-the-board" increases, and one-time payments and/or bonuses available or provided to management employees. The City Clerk shall be entitled to receive holidays, sick leave, disability retirement, health, 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. The annual base salary may be increased consistent with annual increases afforded classified management employees as adopted by Council resolution. 3 During the term of this employment contract, continuing education shall be maintained toward achieving Master Municipal Clerk Designation. Completion of the Santa Clara County Leadership Academy is also required 4 The City Manager on behalf of the City Council shall review and evaluate the City Clerk upon the first six months and twelve months of service. The City Clerk shall also be reviewed and evaluated upon the completion of every twelve months of service thereafter and at any other times the City Manager deems necessary and appropriate. 5 This Agreement shall remain in effect from year to year until terminated 6 Because an intimate and confidential relationship is necessary between the City Clerk and the City the 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 of grounds therefore. The City may terminate this Agreement at any time provided City continues City Clerk's salary and benefits for a period of six (6) months from the date City Clerk vacates the position of City Clerk. The City Clerk shall not be removed during the sixty (60) day period following any change in membership of the Council except upon a vote of at least four/fifths of the City Council. 7 In the event City Clerk voluntarily chooses to resign her employment, City Clerk shall give the City at least thirty (30) day's written notice so the City may undertake a reasonable effort to find a successor 8 City shall bear the full cost of any fidelity or other bonds required of City Clerk under any law or ordinance. 9 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, condition or covenant or waiver of the breach of any other term condition or covenant. 10 This Agreement contains the entire Agreement between the City and the City Clerk relating to the matters contained herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and City Clerk. 11 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid void or unenforceable the remaining provisions of this Agreement shall be valid and binding on the City and City Clerk. 12. This Agreement shall be governed and construed in accordance with the laws of the State of California. ' 13 This 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 Agreement hereby agree to be bound thereby Wendy Wood Jeffrey R. Cristina, Mayor Dated: Dated: