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HomeMy WebLinkAbout09/06/1994, C-5 - BIA ADMINISTRATOR CONTRACT VI�NI�NII�IIIII�VII��III`Ity f ME G TE: c� o san LUIS OBISPO COUNCIL AGENDA REPORT ffE'" NUMBER: FROM: Pam Copeland, BIA President SUBJECT: BIA Administrator Contract BIA RECOMMENDATION: Adopt a resolution approving the contract of employment between the City of San Luis Obispo and the BIA Administrator for the period of July 1, 1994 through July 1, 1995. DISCUSSION: Annually, the Business Improvement Association (BIA) requests the City Council approve the renewal of the employment contract for the BIA Administrator. Lynn Block, the BIA Administrator, was hired in June of 1991 and has successfully performed all the duties assigned her prompting the BIA Board of Directors to renew her contract annually since her initial hire date. Last fiscal year, Ms. Block agreed to reduce her salary and work schedule to assist the BIA through a difficult fiscal situation. Ms. Block reduced her work schedule by 10% and salary by 170/6 (from $36,000 to $30,000). While the organization was able to accomplish several new programs and goals, the BIA Board and Ms. Block agree that a full-time Administrator is warranted to maintain maximum productivity. Therefore, the current contract restores Ms. Block to a 40 hour work week and $36,000 salary which is equal to that she was hired under in 1991. This contract represents no salary increase over the original BIA Administrator contract. The BIA has reorganized its staffing to cover the expense of returning the Administrator position to its original salary. After carefully analyzing its needs, the TNA/Farmers' Market Coordinator position has been reduced from full-time to half-time. In turn, the Administrator's position has been returned to full-time , with the understanding that the Administrator position will take on the balance of the Coordinator position's responsibilities. Using this staffing configuration, the BIA will be able to maintain its basicservices and restore the Administrator's salary. It is the BIA Board's opinion that this will result in the most efficient and cost effective arrangement for meeting its membership's needs. Additionally, the BIA is eliminating the monthly parking pass for the Administrator as a cost savings. This pass was purchased from the City for $120 per quarter or $480 per year. BIA employees receive no medical, health, dental or other City employee benefits besides the employer's n n'S� ������► �IIIII��p ��U city of San LUIS OBISpo COUNCIL AGENDA REPORT share of retirement and those mandated by law, e.g. Workers' Compensation Insurance and Medicare. FISCAL IWACT: . Approval of this request will result in a $6,000 cost to the BIA. Adequate monies are available in the BIA's budget to cover expenses. It is important to emphasize that the BIA will not use the monies provided by the City in 1994/95 ($7,700) to restore the Administrator's salary. As the Council will recall, the City provided the funding to offset a shortfall in projected business tax revenues for the BIA. These monies were provided with the understanding that they were necessary for the BIA to maintain its basic and essential services. As such, the increased salary costs will be funded with revenues from the TNA/Farmers' Market and other fundraising efforts of the BIA, not the City's $7,700 contribution. ALTERNATIVES: 1. The City Council could elect not to approve the contract for employment. This would result in the BIA having no administrative support. This alternative is not recommended since presumably BIA administrative responsibilities would fall to City staff which has been significantly reduced due to budget constraints. CONCURRENCES: Ann Slate, Personnel Director has reviewed the Contract and finds the agreement in accordance with all City policies. ATTACHD[ENTS: Resolution approving contract of employment Contract of employment for Administrator RESOLUTION NO. (1994 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CONTRACT OF EMPLOYMENT BETWEEN LYNN BLOCK, BIA ADMINISTRATOR, FOR THE PERIOD JULY 1, 1994 AND JULY 1, 1995 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the contract of employment between the City of San Luis Obispo and Lynn Block as BIA Administrator for the period July 1, 1994 through July 1, 1995 attached hereto as Exhibit"A" and by reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On Motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT`. the foregoing Resolution was passed and adopted this day of , 1994. Peg Pinard, Mayor. ATIEST. Diane Gladwell, City Clerk ap roved as to f rge , ity orney s-3 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 30th day of August, 1993, by the and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and LYNN BLOCK, a contract employee (hereinafter referred to as "Employee"). WITNESSES: WHEREAS, the City of San Luis Obispo has a need to hire an employee for a special -% project which continued funding or need for the project is too uncertain to create a regular classification: and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the service to be contracted for are BIA Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Em ovment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth for the compensation hereinafter set forth, all pursuant to terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for Downtown Parking and Business Improvement Association (BIA); specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Employee shall perform said services under the direct supervision of BIA Advisory Board.. 3. Fmplq=ent Status. Employee shall be a full time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City as determined by the , C 3-y Personnel Director. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 40 hours per year of administrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours per week. The only other paid benefits are workers' compensation insurance and unemployment insurance. Employee shall be eligible for reimbursement for mileage at a rate of$0.27.5 per mile for use of her private vehicle for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract, that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warrak of Empl=e. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. C_oMpenaaton City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of$3,000 per month ($36,000 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract, This Contract shall commence on July 1, 1994 through July 1, 1995, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Tenriination of Can for Convenience, Either party may terminate this contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date C-�'Jr of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the noticeprovisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. S. Termination of Contract for Cause If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature _that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire A=ement and Modification This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements. negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no other. 10. Non-Assignment Contract, This Contract is intended to secure the individual services of the Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegate or sublet i this Contract or any interest without the prior written consent of City, and any such assignments, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This contract has been executed and delivered in the State of California and the validity, enforceability, and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the Sate of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest, The Employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, of association in which she is directly or indirectly interested. 14. CQ=aht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without prior written approval of the City. 15. Outside Emnlo=ent Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflict-of-interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of BIA Administrator or give rise.to the appearance of impropriety. 16. Enforceability. If terms, covenants, condition or provision of this agreement held by court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO BY: EMPLOYEE: APPROVED A8 TO FORk tcLzw C@y Atta . ME 9 AGENDA `"� DAT _._.='f ITEM I?UII;, ([� I� ISI'c _ August 26, 1994 tC E6 _ Council member Penny Rappa AUG 3 1994 990 Palm Street AUG 3 1994 San Luis Obispo, CA 93401 CITY CLERK CITY CLERK "S OBISPO. Dear Council members: OBsfo You will be reviewing the.BIA Administrator contract at the September 6, 1994 City Council meeting. The contract is unchanged from previous years except for the hours required for the job. When the current Administrator, Lynn Block, was hired in 1991, the position was defined as full-time (40 hours per week with a schedule requiring coverage of TNA/Farmers' Market and evening meetings) and had a starting salary of$36,000. Due to declining BIA revenues (As a result of the recession and subsequent declining member busienss revenues), the Administrator's hours were reduced by 10% and the salary reduced 17%. However, the BIA Board has recognized that the job cannot be done in less than' full-time hours, and thus has taken action requiring the Administrator to return to a 40-hour per week schedule. Accordingly, this contract includes a provision restoring the position to full-time at the original salary. It should be pointed out that, if our recommendation is accepted, Lynn will cost the BIA no more than she cost four years ago. We are pleased to have Lynn Block's acceptance of these terms, as well as her dedication to her job, the members of the BIA and the continued success of our downtown. We appreciate your confirming the BIA Board's recommendation by approving the 1994-95 contract. Please do not hesitate to call if you have any questions. Sincerely, -b/J COUNCIL ❑ CDD DIR e—l-Z CAO WAN DIR Pam Copeland Re CAO ❑ FIRE CHIEF President TTORNEY ❑ PW DIR p/CLERWORIG n- POLICE CHF ❑ MGMT TEAM ❑ REC DIR ❑ 0 Rr2AD FILE ❑ UTIL DIR • ❑ PERS DIR P.O.Bar 1402•San LAir Oki"-C4.93406.805/541-0286