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CC Resolution 13045 - Amending City Clerk AgreementRESOLUTION NO. 13045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AMENDMENTS TO THE AGREEMENT FOR CITY CLERK SERVICES TO: PROVIDE FOR A MERIT INCREASE; PROVIDE FULL COVERAGE OF HEALTH INSURANCE PREMIUMS FOR THE CITY CLERK AND HER DEPENDENTS; PROVIDE FOR A LONGER SEVERANCE PAY PERIOD; AND, PROVIDE FOR AN ANNUAL PERFORMANCE EVALUATION IN THE MONTH OF JUNE. WHEREAS, the City Council entered into a City Clerk Employment Agreement (Agreement) with Andrea Sanders (City Clerk), effective August 2, 2022; 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; and WHEREAS, it is necessary for the City Council to review and duly approve and adopt in accordance with requirements of applicable public meetings laws a publicly available salary schedule; and WHEREAS, on July 31, 2023, the City Council concluded its annual performance evaluation of the City Clerk and endorsed her commendable performance; and WHEREAS, thereafter, the City Council directed staff to return to the City Council with amendments to the Agreement for their consideration and approval; and WHEREAS, the City Council specifically directed staff to return with language amending the Agreement to: include a merit increase in the salary for the City Clerk from Step 1 ($73.25) per hour to Step 2 ($76.88) per hour based on her strong performance as City Clerk; provide for the City's full coverage of Health Insurance Premiums for the health plan chosen by the City Clerk for her and her dependents; lengthen the severance pay period from 3 months to 6 months; and shift the evaluationmonth during which the City Clerk has her annual performance evaluation from August to June; NOW THEREFORE BE IT RESOLVED that the City Council hereby approves amendments to the Agreement for City Clerk Services to: (1) adjust the salary of the City Clerk to $76.88 per hour to reflect Step 2 of the City Clerk Classification adopted salary table; (2) provide for the full payment of the premium charged for any health plan selected by the City Clerk for her and her dependents; (3) lengthen the severance pay period to 6 months; and (4) change the month during which the City Clerk has her annual performance evaluation from August to June. PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call vote: AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None ABSENT: Councilmembers: None APPRED: Anne Bybee, Mayor ATTEST: i Andrea Sande 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: 1. 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 willingness/ability 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. 5. 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. Dated: City of Campbell: Dated: Andrea Sanders, City Clerk by. Anne Bybee, Mayor Page 3 of 3 First Amended Agreement for City Clerk Services August 2023 CITY OF CAMPBELL CITY CLERK DEFINITION Under administrative direction of the City Council; plan, direct, supervise and coordinate all activities of the City Clerk's Office; to provide information and maintain official City records; to conduct municipal elections as required; and other supplemental duties and related work as required. TYPICAL DUTIES Serve as Clerk to the City Council; serve as a member of the Executive Team; prepare City Council documents, postings and agendas, ensuring compliance with the Brown Act, Political Reform Act, and all federal, state and local laws pertaining to clerk operations and records; record and certify all ordinances and resolutions; conduct municipal elections in cooperation with the County of Santa Clara; serve as a filing officer for Economic Interest and Campaign Disclosure statements; serve as custodian of the official City records; plan and direct the maintenance, filing and safekeeping of all official municipal documents and maintain custody of the City seal; supervise the preparation, organization, printing and distribution of the agenda for City Council meetings; manage annual recruitment of various City boards and commissions; attend and take minutes at all Council meetings; accept and process subpoenas, Appeals, and Claims; publish legal notices as required by government and municipal codes; Oversees the City's bidding process by ensuring compliance with bidding procedures, scheduling bid openings, processing bids that have been submitted, opening bids, and notifying successful bidders of awarded contracts; administer requirements of AB1234 and Campbell's Statement of Values; develop and implement office systems and procedures; provide notary service for City related documents; administer Oaths of Office to elected and appointed City officials, department heads, and City employees; prepare and administer the Clerk division budget; participate on special committees and assignments as required; perform administrative research analysis and report writing; review Council reports and work procedures and recommend changes; assist the public and City staff by providing information and research assistance; maintain the City's Municipal Code; build and maintain positive working relationships with the public and other City employees using principles of exceptional customer service, and perform other related duties as assigned. EMPLOYMENT STANDARDS Education and Experience: Equivalent to completion of a Bachelor's Degree from an accredited college or university with major course work in public or business administration or closely related field, plus three years increasingly responsible experience in relevant and complex office administration, (Possession of an AA degree plus six years experience may be substituted for a Bachelor's Degree and three years experience) Knowledge of: Applicable federal, state, and municipal laws and procedures; election laws and procedures; political reform requirements; business English, spelling and arithmetic; budget principles; modern office practices, procedures, and equipment; principles of supervision, training and performance evaluation. Ability to: Provide information and organize material in compliance with laws, regulations and policies; interpret and apply rules, laws and policies and procedures and effectively apply them; meet the public to understand their questions and provide information; gather and analyze data and maintain records; communicate effectively, both orally and in writing; maintain effective working relationships with those contacted in the course of work; work independently and use good judgment when dealing with sensitive issues; select, supervise, train and evaluate assigned staff; operate standard office equipment, including a personal computer; work in a standard office environment with some ability to sit for long periods of time, with prolonged exposure to a computer screen and extensive public contact; attend meetings outside normal work hours; and travel to various locations within and outside the City of Campbell. Possession of: Certification as a Municipal Clerk; a notary Public Commission and a Valid California Driver's License. Est. 6/10 Rev. 6/20