06 Staff Report - Mayor to Sign Amendment
MEETING DATE: 1120/2009 ITEM NO: COUNCIL AGENDA REPORT DATE: JanualY 12, 2009 TO: MAYOR AND TOWN COUNCIL FROM: RUMI PORTILLO, HUMAN RESOURCES DIRECTOR SUBJECT: ADOPT RESOLUTION AMENDING
THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT RECOMMENDATION: Adopt resolution ofthe Town Council of the Town of Los
Gatos amending agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign the amendment. DISCUSSION: The Town Council approved an agreement with
the Town Attorney effective April 7,1997 to set forth the terms and conditions of employment. The agreement specifies that the Town Council shall evaluate the Town Attorney's
annually and may adjust the base salary or provide a one-time, lump sum payment or some combination ofboth at the sole discretion of Council, based upon its assessment ofthe Town Attorney's
performance. In accordance with the agreement, Council met in closed session in November and December of 2008 to conduct a fonnal and structured evaluation of the Town Attorney's performance
for last fiscal year (July 1, 2007-Julle 30,2008). On the basis of that evaluation, Council determined that all performance goals and objectives for the evaluation period were met. In
recognition of the Town Attorney's performance, Council agreed that it is appropriate to award a lump sum performance bonus equal to 3% of the annual salary (approximately $5,134). The
performance bonus is paid as a one-time lump-sum and the base annual salary remains the same. FISCAL IMPACT: Funding for an increase in the Town Attorney's compensation is available
in the FY 2008-2009 adopted budget. Attachment: I) Resolution of the Town Council of the Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Attorney and
authorizing the Mayor to sign the amendment 2) Amendment to the Town Attorney Agreement PREPARED BY: '[h{ntl(v--MI Resources Director N:\t\ltGR\AdminWorkFiles\2009
Counc RepOlts\AttomeyAgreementl.20.09.doc Reviewed by: :JS Manager 'OS:\Assistant Town Manager__Town Attorney __Clerk Administrator __Community Development
RESOLUTION 2009 -RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORlZING THE MAYOR TO SIGN THE AMENDMENT WHEREAS,
Town and OrryKorb executed an Agreement approved on April 7,1997 to provide Town Attorney services to the Town; WHEREAS, in December 2008 the Town Council concluded a structured evaluation
of Orry Korb's performance for the period July 1, 2007 through June 30, 2008, and determined that all performance goals and objectives were met; and WHEREAS, in recognition ofthe Town
Attorney's performance, the Town Council desires to amend the employment agreement to award the equivalent of3% of the Employee's annual base salary as a one-time lump sum performance
bonus. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Council approves the Amendment to Agreement between the Town
of Los Gatos and Orry Korb and that the Mayor is hereby authorized to sign the agreement on behalf behalf ofthe Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos, California, held on the 20th day of January, 2009 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED:MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1
AMENDMENT TO THE TOWN ATTORNEY AGREEMENT This Amendment to Town Agreement AGR is entered into this 20th day of January, 2009, by and between the Town of Los Gatos, a municipal corporation
("Town") and Orry Korb ("Employee"). RECITALS: WHEREAS, Town and Orry Korb executed an Agreement approved on April 7, 1997 to provide Town Attorney services to the Town; WHEREAS, in
December 2008 the Town Council concluded a structured evaluation of Orry Korb's performance for the period July 1, 2007 through June 30, 2008, and detetmined that all performance goals
and objectives were met; and WHEREAS, on the basis of the evaluation the Town Council desires to amend the employment agreement to award the equivalent of3% of the Employee's annual
base salary as a one-time lump sum performance bonus. IT IS THEREFORE AGREED by the parties as follows: 1. Item 4 of the Agreement is amended to read as follows: 4. Compensation. (d)
Following Employee's performance evaluation concluded in December of 2008 for Fiscal Year 2007-08, the the Town Council agreed to award an amount equal to 3% of Employee's annual base
salary, payable as a one-time lump sum bonus. IN WITNESS WHEREOF, the parties have executed this Amendment to the Town Attorney Agreement on the date written above. TOWN OF LOS GATOS
BY: Mike Wasserman, Mayor ATTEST: Town Clerk of the Town of Los Gatos Los Gatos, California ATTACHMENT 2 Contmct Amendment Town Atty Jan 2009