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WHEREAS, the Charter provides that a City Attorney is to be appointed by the <br />Council and shall serve as the legal adviser of City and all other City officials; and <br />WHEREAS, the Charter grants to the Port Board the power to appoint a Port <br />Attorney who shall be the same person as the City Attorney, and whose duty it shall be <br />to provide legal advice to the Port Board pertaining to matters within the jurisdiction of the <br />Port Board; and <br />WHEREAS, the City and the Port Department desire to clarify respective roles and <br />responsibilities of City, Port Department and City Attorney as set forth in the Charter. <br />NOW, THEREFORE, the parties hereto agree as follows: <br />1. All Recitals are hereby incorporated into this Memorandum of Agreement. <br />2. CITY ATTORNEY AS PORT ATTORNEY. The Port Board does hereby <br />appoint the City Attorney to serve as the Port Attorney who shall provide legal services to <br />the Port Board as those duties are set forth in the Charter. <br />3. APPOINTMENT OF PORT SPECIAL COUNSEL. The Port Board and City <br />agree that while City Attorney will serve as Port Attorney, the City Attorney may appoint <br />special counsel to provide Port Attorney services ("Port Special Counsel") <br />4. SUPERVISION OF PORT SPECIAL COUNSEL. The Port Board and City <br />agree that as Port Attorney, the City Attorney shall supervise all aspects of Port Special <br />Counsel's legal services. <br />5. PERFORMANCE EVALUATION. The Port Board and City agree that the <br />Port Board may evaluate the performance of the City Attorney in her role as Port Attorney, <br />including the performance of Port Special Counsel. <br />ATTY/AGR/2019.302/CITY-PORT MOU FOR PORT ATTORNEY SERVICES <br />REV: 04-02-2020 VR <br />Page 3 of 5 <br />