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HomeMy WebLinkAbout06/20/2000, C2 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND THUR NIGHT ACTIVITIES AND PROMOTIONS COODRINATOR ATTACHMENT 1 RESOLUTION NO. (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY, DOWNTOWN ASSOCIATION ADMINISTRATOR, AND CHRISTINE D. BRAGG, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD JULY 1,2000 THROUGH]UNE 30, 2001 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. HOLLEY as Downtown Association Administrator for the period July 1, 2000 through June 30, 2001, 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 CHRISTINE D. BRAGG as Thursday Night Activities and Promotions Coordinator for the period of July 1, 2000 through June 30, 2001, attached hereto as Exhibit `B" 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 , 2000. MAYOR ATTEST: Lee Price, City Clerk APPROVED AS TO FORM AND CONTENT: eff korgfiisin, City AdTffiey el- C2-2 CONTRACT OF EMPLOYMENT "Exhibit A" THIS CONTRACT is entered into this 6th 201' day of J,'� June, 2000, 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 Downtown Association Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are Downtown Association 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 Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA 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 Director of Human Resources. Employee shall accrue 8 hours of vacation per month over the term of this C2-3 t Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrati ve 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 $4,000.00 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$4;393 4,720 per month ($ 56,650 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 6 1, 4M 2000 through My 6 June 30, 3099 2001, unless terminated earlier as provided herein. The City Administrative Officer may tete 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 C2-4 2 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. 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 constihmtes 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 Contrast 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. C2-5 3 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 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. Com' ht. 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 C2-6 4 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 DA 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: MAYOR EMPLOYEE: Deborah J. Holley ATTEST: Lee Price, City Clerk APPROVED AS TO FORM Jeff Jorgensen, City AitorW C�H C2-7/r� 5 CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this a 20' day of '"'� June, 2000, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and CHRISTINE D. BRAGG, a contract employee (hereinafter referred to as "Employee"). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Thursday Night Activities and Promotions Coordinator (TNA/PQ and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are DA TNA/PC. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. Cityhereby 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 Mowing services: TNA/PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board. Employee shall perform said services under the direct supervision of DA Administrator. 3. Employment Status. Employee shall be a fuII-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 receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. 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 C2-8 t City employees. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical coverage not to exceed $1,500.00 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$1,670 2,933 per month ($33,829 35,2M per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. .This Contract shall commence on July 6, 1M 1, 2000 through r"t��088 June 30, 2001, 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 trn;nate 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. 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 sub sequently found to be improper. C2-9 2 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 container) 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 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 C2-10 3 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. Copytig_ht. 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 simihu 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 DA TNAIPC or give rise to the appearance of impropriety. C2-11 4 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: MAYOR EMPLOYEE: nA �fc� Christine Bragg ATTEST: Lee Price, City Clerk APPROVED AS TO FORM Jeff Jorge , City Atto comae-seg C2-12 5 06/14/2000 15:27 805781-')647 Present Brett Weaver Tom Sween Mike Stanton Dave Kastoer Lardy Fike Bill Walter Jerry Whitaker Lynn James Correne Weaver Bob Schinkel Vince Burke Deborah Holley, staff Christine Bragg, staff SLO DOWNTOWN ASSOC SLO Downtown Association Boars of Directors 13 June 2000 City Hall Council Hearing Room Minutes Call to order by B. Weaver 7:40 AM. Public Comment George stated that City staff will be going for no evening parade for Mardi, Gras and to Mystik Krewe to see what shape the event sl to be a daytime parade, then should be in the clean break. George said that in the past the afternoon parade, bad for retail business; a 11 could go over to Mission Plaza for festivities AGEND DTE G '�� . ITEM #A 31 5E F PAF,4 F 2 Dave Romero John Ewan Wendy George 9�ATTQ-" P, 4 flees Council on July 11 with a recommendation sk Council to direct staff to work with o III take; the police chief feels if it is going ming not the afternoon, needs to be a wntown Association was opposed ro an AM parade would be over by noon, people from parade. B. Weaver asked if Mystik Krewe had b notified; George said staff was meeting with them this morning; many recognize it has me unsafe; would cost the City more than $80,000, Mystik Krewe has done everything t 's been asked to do, it's not them, it's the crowd. Romero said that input from the Downtown As tion is important; Schinkel said he is in favor of a morning event, it could be organi P/in such a way that all retail could take 7 CSB DIR rip DIR 0 FIRE CHIEF O PW DIR 0 POLICE C;:- O REC DIA 0DIR 040S DIR JUN 1 4 2000 SL�CLERK 06/14/2008 15:27 80578")647 SLO DOWNTOWN ASFCC PAGE 02 advantage of it; Kastner said some event is Stanton said it will kill any shopping i� parade. George said staff is not recommending a'�6 work with Mystik Krewe to see what can b down; Swem said he thought we discussed Parade was a success but needed some failure; Romero said he hopes a compr Whitaker said changing the time will chat wholesale dept m m from Downtown; the this is not a family event. tier than no event, it does bring in business. — 2; Bragg said it won't be the same ne parade; just no evening parade and to ne. C. Weaver asked if costs would go before and the consensus was [hat the he thinks a 10 AM parade would be a . can be worked out the nature of the event; we will see a &iF only occurs when the sun goes down; Burke said if Mardi Gras occurs again at night business; it was out of control; most probleEaJ ouncers from, 7 —1.1, not people drinking inbusiness standpoint; would need a lot more B. Weaver said we'll get input from Mystik ] ask businesses what they think, bring back to will hire security guards for his to from 18 — 23 year olds drinking 40 he doesn't look forward to it from a about what they're going to do then life committee next month. Motion to approve minutes by Kastner, 20° by C. Weaver, PA]F. Motion for Admutistrator and TNA1Promotions Coordinator contract rceewal/bonus approval (10 percent for Holley and 12 percent for Bragg) by Swem, 2ad by C. Weaver, PAIF. Motion to support CommunitY Bi a Program by C. Weaver, tad by James, discussion: George said City BicycleCo is also looking at this. C. Weaver said is looked like there were some concerns, Holley s , this would go to Council, most concerns addressed there, motion PAT, Higuera St. Bridge B. Weaver said the project seems to be going MY smoothly so far, flow of traffic seems normal; C. Weaver said meetings with Wizard kering are on-going, recent meeting to review publicity schedule; a questionnaire is beim developed to keep in touch with businesses. Stanton asked Kastner if he has felt y impact as a result; Kastner said not in dollars, but has noticed people crossing the st t to avoid the area, thinks City has