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HomeMy WebLinkAbout07/15/1997, C-11 - EMPLOYMENT CONTRACTS FOR BIA ADMINISTRATOR AND THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR council M 07 15/97 j acEnaa nEpont C I T Y OF SAN LUIS OBISPO • FROM: ANN SLATE,PERSONNEL DIRECTOR SUBJECT: EMPLOYMENT CONTRACTS FOR BIA ADMINISTRATOR AND THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR CAO RECOMMENDATION Adopt a resolution approving the contracts of employment between the City of San Luis Obispo and the BIA Administrator and the Thursday Night Activities and Promotions Coordinator. DISCUSSION Annually, the Business Improvement Association (BIA) requests the City Council approve the renewal of the employment contract for the BIA Administrator. Deborah Holley, the BIA Administrator, was hired in July of 1995. She has continued to successfully performed all the duties assigned her prompting the BIA Board of Directors to renew her contract for another year. Following the annual performance appraisal, the Board voted to increase the BIA Administrator's salary by 6.8%, from $2,858 to $3,072 per month. A contribution toward medical insurance has also been increased this year to $196 per month. No other changes to benefits or compensation are being requested. Last year, the BIA Board of Directors established a contract for the position of Thursday Night Activities and Promotion Coordinator. Peter Eberle has been filling this position since July of 1995 also. The Board is recommending an increase in salary of$109 per month (4.2%) from $2,508 to $2,617 per month. The Board is recommending an increase of$11 to $84 per month for medical insurance. The amounts of the incnrance contributions are the actual costs of the insurance premiums for the individual plans for the employees. CONCURRENCES The Personnel Department has reviewed this request and finds that the contracts and approach are consistent with City policies. FISCAL IMPACT Approval of this request represents an increase in BIA expenditures of approximately $4,500 which includes salary, fringe benefits (retirement, etc.) and the medical insurance premiums. Funding is available in the current BIA budget. Attachments Resolution with exhibits (Employment contracts) Letter from BIA Administrator RESOLUTION NO. (1997 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY, BIA ADMINISTRATOR, AND PETER EBERLE, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD JULY 10, 1997 THROUGH JULY 10, 1998 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. HOL.LEY as BIA Administrator for the period July 10, 1997 through July 10, 1998, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2. That the contract of employment between the City of San Luis Obispo and PETER EBERLE as Thursday Night Activities and Promotions Coordinator for the period of July 10, 1997 through July 10, 1998, attached hereto as Exhibit "BA and by this 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 , 1997. MAYOR ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM AND CONTENT: 94A e,%..,, eft rge en, A rney CONMCrs L44XW CONTRACT OF EMPLOYMENT "Exhibit A" THIS CONTRACT is entered into this 15th day of July, 1997, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH J. HOLLEY, a contract employee (hereinafter referred to as "Employee"). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Business Improvement Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the 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. Employment 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 and as determined by the 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 i 611-3 to 48 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 in a week. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical benefits for employee and dependents not to exceed $2,352.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile 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. Warranty of Employee. 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. Compensation. City shall pay to Employee as compensation in full for all services Performed by Employee pursuant to the Contract, the sum of $3,071 per month ($36,858 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 10, 1997 through July 10, 1998, 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. Termination of Contract 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 of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 2 Employee agrees that the notice provisions 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. 8. 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 of the 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 Agreement 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 induce 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 others. 10. Non-Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this 3 Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, 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 State 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, or association in which she is directly or indirectly interested. 14. ConvriQht. 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 the prior written approval of the City. 15. Outside Employment. 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 the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts-of-interest and shall avoid personal involvement in situations which are inconsistent or 4 A incompatible with the position of BIA Administrator or give rise to the appearance of impropriety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a 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: ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM *rg ' Attorney C-==JIOHC, 5 611-7 CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this 15th day of July, 1997, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and PETER L. EBERLE, a contract employee(hereinafter referred to as "Employee"). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Business Improvement Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA TNA/Promotions Coordinator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: TNA/Promotions Coordinator for the 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 Administrator. 3. Employment 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 and as determined by the 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. The only other paid benefits are 1 workers' compensation insurance, unemployment insurance and medical coverage not to exceed $1,008.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from his office. Employee understands and agrees that his term of employment is governed only by this Contract; that no right of tenure is created hereby, and that he does not hold a position in any department or office of the City. 4. Warranty of Employee. Employee warrants that he is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $2,616 per month ($31,401 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 10, 1997 through July 10, 1998, 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. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other patty fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions 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. 2 ��i 9 8. Termination of Contract for Cause. If Employee fails to perform his 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 of the 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 ternimate 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 Agreement 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 induce 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 others. 10. Non-Assipment of Contract. This Contract is intended to secure the individual services of the Employee and thus 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, delegation, or sublet this Contract or any interest therein without the prior 3 e-1/-1D written consent of City, and any such assignment, 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 State 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 his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested. 14. Copvrisht. 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 the prior written approval of the City. 15. Outside Employment 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 the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts-of-interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of BIA TNA/Promotions Coordinator or give rise to the appearance of impropriety. 4 d-11-11 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a 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 m 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: ATTEST: Bonnie L. Gawf, City Clerk APPROVED AS TO FORM ?eff� g i ttorney Czm=gbefle 5 26 June 1997 To: Ann Slate,Personnel From: Weborah Holley,BIA Administrator Re: Staff Contracts After an annual employee review process,the contract for BIA Administrator Deborah Holley was renewed and revised Changes to this contract are attached to this memo with the understanding that the City of San Luis Obispo Personnel Department will incorporate the changes into the contract which is generated from that office. Revisions include a salary increase from$34,500 to$36,858 per year effective July 10, 1997. The provision for medical insurance is adjusted to reflect the premium increase from $2,040 to$2,352 for the next fiscal year. Otherwise,all other information remains the same. The BIA Board also voted to renew and revise Peter Eberle's contract for the position of Thursday Night Activities and Promotions coordinator. Salary increase recommendation is from$30,096 to 31,401 for the fiscal year 1997-98 also effective July 10, 1997. Medical insurance increases from $876 to$1008 for the same time period, reflecting premium rate increases. This information is respectfully submitted to accompany the City Council agenda report for the meeting of 8 July 1997. e-11-11