25E - AGMT - EMPLOYMENT CM - CA - COTC

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Amendments to Employment Agreements for City Manager, City Attorney, and Clerk of the Council September 2, 2014 Page 2 of 3 proposed agreement amends the term /automatic annual renewal of Mr. Cavazos' existing agreement by establishing a three year term from October 21, 2014 through October 20, 2017. Additionally, the proposed agreement amends Section 2.2.7 Housing Allowance and 2.2.7(b) Housing Allowance (Temporary) of the agreement. CITY ATTORNEY The City Charter Section 701 authorizes the City Council to appoint a City Attorney. The City Attorney is the legal advisor for the Council. He or she provides general legal advice on all aspects of City business and represents the City in legal actions. In April 2012 the City entered into a Professional Services agreement with Best Best and Krieger LLP providing that Sonia Carvalho would serve as City Attorney. The agreement provided for a "hybrid" City Attorney in that Ms. Carvalho would serve in the traditional in- house City Attorney role and would remain a partner at BB &K. For the past two years and five months this business model has worked well for the City and the City Attorney received a positive evaluation by the City Council. The City has benefited from Ms. Carvalho's knowledge and experience and from the daily access that staff has had to the many experts in BB &K's full- service firm. Similar to the original agreement, the proposed agreement provides for Ms. Carvalho to serve as City Attorney; it permits staff to utilize additional BB &K attorneys at a cap of $230,000 for each Fiscal Year and authorizes the City Manager or the City Council to engage BB &K for special litigation or reimbursable projects that may arise from time -to- time under the rates established by the agreement. This component of the agreement ensures that only the City Manager or the City Council can approve special engagement letters. The proposed agreement contains a reduction of $30,000 per year for Ms. Carvalho's services and includes a broader General Services /Retainer category which like the previous agreement authorizes additional services. The total BB &K contract amount for both City Attorney and general services cannot exceed $500,000 in any Fiscal Year. Additional Specialized Legal Services can be approved by the City Manager or the City Council and would require the City to identify a funding source at the time the services are approved. CLERK OF THE COUNCIL The City Charter Section 701 authorizes the City Council to appoint a Clerk of the Council. The Clerk of the Council is responsible for providing information and maintaining official City records, preparing City Council documents, postings and agendas, ensuring compliance with the Brown Act and Political Reform Act in accordance with all applicable federal, state and local laws, and for conducting municipal elections. In July of 2009, the City Council adopted Resolution 2009 -038 appointing Maria Huizar to the position of Clerk of the Council. In an effort to remain consistent with the appointment 25E -2