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HomeMy WebLinkAbout06/19/2001, C2 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND THURSDAY NIGHT ACTIVITIES AND PROMO council 06/19/01 acEnaa Pepoin �N P C I TY OF SAN LU I S OBISPO VIA: ANN SLATE,DIRECTOR OF HUMAN RESOURCES FROM: TOM SWEM, SLO DOWNTOWN ASSOCIATION BOARD PRESIDENT SUBJECT: EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION 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 Downtown Association Administrator and the Thursday Night Activities and Promotions Coordinator. DISCUSSION Annually, the Downtown Association(DA), requests the City Council approve the renewal of the employment contracts for the DA Administrator and the Thursday Night Activities and Promotions Coordinator. Deborah Holley, the Downtown Association Administrator, was hired in July of 1995. She has continued to successfully perform all the duties assigned her prompting the Downtown Association Board of Directors to renew her contract for another year. The evaluation form and process for the Administrator were changed slightly this year due to Council concerns raised during last year's contract approval discussion. Working with the Human Resources Director, staff developed an evaluation system that includes both a new evaluation form (Attachment 1) and inclusion of the Downtown Association City staff liaison as part of the evaluation team. Three members of the Board of Directors and the City staff liaison met in early May to discuss the Administrator's performance and submit completed evaluation forms to the Board President. The Board President then met separately with the Administrator to discuss, item by item, the evaluation form and additional recommendations. An increase to the Administrator's compensation package was offered based on the outcome of the evaluation. The Board President also reviewed the Administrator's accomplishments of the past year that contributed to effective performance and also to the betterment of the Association. Some of these included: C2 - 1 1 Employment contracts for Downtown Association Page 2 • Completion of National Trust for Historic Preservation's main Street Certification Program • Working closely with consultants to develop Strategic Business Plan • Expanding staff • Initiating Public Art Banner Project • Working with businesses on Higuera Street Bridge project • Continuing to coordinate Quarterly Breakfasts and providing interesting topics and presentations • Working to improve Downtown Association/City Council relations • Initiating around Downtown,the Association's newest publication Following the annual performance appraisal, the Board voted to increase the Downtown Association Administrator's salary by 3% from $4,720 to $4,862 per month. In addition the Downtown Association will pay 3% of the employees' contribution to PERS. Christine D. Bragg has been filling the position of Thursday Night Activities and Promotion Coordinator since September of 1998. The Board is recommending an increase in salary of 3% from $2,933 to $3,021 per month. In addition the Downtown Association will pay 2% of the employees' contribution to PERS. CONCURRENCES The Department of Human Resources 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 Downtown Association expenditures of approximately $5,055 which includes salary, fringe benefits (retirement, eta.) and the medical insurance premiums. Funding is available in the Downtown Association budget. Attachments: 1. Performance Evaluation Forms 2. Resolution with exhibits(Employment contracts) 3. Minutes from Downtown Association Board Meeting Qdowntown agenda C 2 -2 ATTACHMENT :$1 Downtown Association Administrator's Performance Evaluation Rate on a scale of 1 - 5 as follows: 5-Exceptional Exceeds standards on a consistent basis 4-Highly competent Generally exceeds standards and requirements 3-Competent Expected performance level 2 -Needs Improvement Does not consistently meet standards 1 -Poor Consistently deficient in meeting most standards General Areas of Performance Leadership: Ability to lead, direct, motivate and inspire others; skill in eliciting attention and respect from personnel; skill in maintaining a team spirit and cooperative efforts among staff; skill in developing subordinates to meet their potential. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional Interpersonal/Community Relations: Ability to deal with people, skill min maintaining friendly, cooperative relations with the public and employees, approachability; skill in handling conflict and confrontation; skill in inspiring confidence in others. 1 2 3 . 4 5 Poor Needs Improvement Competent Highly Competent Exceptional judgment/Problem Solving: Ability to identify and resolve complex problems through use of sound methods and application of creative solutions; thoroughness of analysis and degree of objec- tivity and foresight; skill in making sound decisions and considering possible alternatives. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional Communication: Ability to communicate thoughts and ideas orally and in written form and have them understood by others; ability to carefully listen,observe, understand and respond to what is communicated by others; skill in preparing written documents in a thorough and professional man- ner; skill in well-prepared, well-articulated and understandable public presentations. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional Specific Areas of Performance The Administrator accepts direction from the Board of Directors and committee chairs. In addition, it is the Administrator's obligation to provide the Board of Directors information about all current issues affecting the Downtown and to make recommendations based on knowledge of operations, C 2-3 laws, regulations and any information that relates to those issues. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator must remain current on developments, trends, projects, ideas,events and legislation that relates to business, Downtowns, staff management, employee responsiblitites, fiscal matters and and legal and liability issues. 1 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will be liasion to Design,Parking and Access,Economic Activities and Execu- tive committees and the Downtown Association Board of Directors. She will prepare all agendas as proscribed by committee chairs, assemble agenda packets and distribute packets to appropriate members. She will attend all meetings, record minutes of all meetings, and present minutes in meeting packets to members at the following meeting for approval.TheAdministrator will follow up on all directives issued at meetings. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator is liasion to any organization considering issues that affect the Downtown. On a permanent basis this includes City Council, City of SLO, Promotional Coordinating Commit- tee, RideOn TMA, Cal Poly and Cuesta College, Prado Day Center, Mayor's Advisory Group and Special Event Task Force (Parks & Rec). As necessary, the Administrator will be liasion to ARC, Planning Commission, Cultural Heritage, Public Art, and any ad hoc committees that may deal with issues affecting Downtown. The Administrator will review staff reports from these agencies. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator must remain up-to-date on media relations, public relations and all aspects of dealing with the membership and the public at large. This includes networking with community leaders and businesses both during and in addition to scheduled working hours. The Administrator will hold news conferences, deliver speeches and appear before legislative bodies to represent the Association in negotiations with government, business, labor and encourage acceptance of goals and objectives. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will supervise and contribute to newsletter and around Downtown magazine production including articles, calendar of events, photographs and any sponsorships. 1 1) 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional C 2- � The Administrator will seek grants and other sources of income and review fundraising activi- ties for feasibility on an annual basis. The Administrator will oversee the budget including income and payables and report to the Board of Directors and Finance committee regularly with budget reports. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will manage the Downtown's participation in the Main St. program according to the requirements of the program including reporting, attendance and compliance with the four- point program. Further, the Administrator will develop in accordance with Main St. and the City of SLO a two-year work program and budget. The Administrator will attend all trainings and related meetings. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will seek to maintain strong relations with the City of San Luis Obispo, the Chamber of Commerce and the Visitors and Conference Bureau as well as groups that access or impact the Downtown including the Mozart Festival, Film Festival, Mardi Gras, First Night. The Administrator will lobby on behalf of the Downtown to the City Council and will provide Council notes providing highlights of Association activities to the Council when appropriate. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will remain up-to-date on computer operations for herself and the staff and will provide membership with Web site access and linkage; also providing all users information about the Downtown Association.. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will oversee Downtown Association staff including TNA Promotions Coordina- tor and Office Manager, as well as intems and part time employees. This includes regular reviews, scheduling, payroll and managing all internal issues. The Administrator will also oversee all office functions including office equipment, rents and leases, liability or specialty insurance, maintenance and repairs. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will provide technical assistance and information to members via newsletter or scheduled appointments and will be available for appointments to discuss Downtown Association matters as needed including programs, ideas,concerns, communications or needs. The Administra- tor will oversee that the membership mailing list is complete and up to date and will review the City's master business list for new business listings. New businesses will receive personal welcom- ing letters from the Administrator requesting a meeting to discuss membership benefits. 02--s f � 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will know or seek to know the geographic layout,design principles, general business facts, codes,zoning, history and makeup of the Downtown on an ongoing basis. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will act on behalf of the Downtown Association, its members, the Board of Directors and committees whenever necessary to reach goals and objectives and to present the Association in a professional and respectable manner in any situation. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will plan,announce and emcee the Downtown Association's Quarterly Breakfasts with input from members and the committees about possible topics of interest. I 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional The Administrator will serve as Downtown Association's liaison to the Friends of Prado Day Center. 1 2 3 4 5 Poor Needs Improvement Competent Highly Competent Exceptional Enter the overall performance score; indicate comments (attach additional sheet if necessary) then enter a salary increase percentage. Total (out of a possible 100): Comments: Recommended Salary Increase: C2-6 Attacbmeut #2 RESOLUTION NO. (2001 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 1,2001 THROUGH JUNE 30, 2002 NOW THEREFORE 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 1,2001 through June 30,2002, 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 1,2001 through June 30,2002, 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 June 2001. Mayor Allen K. Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM AND CONTENT: eff Jorgensen, City Attom C2 - 7 CONTE ACT OF FMPLO)WE.NT "F.xhihit A" THIS CONTRACT is entered into this 5"day of June, 2001,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"). W1NFSSF,& 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. F_mi 1cT„ent. 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. Scone 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 4% of the employee's share to be paid by Employee, 3%of the employee's share to be paid by the Downtown Association. 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 Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrative U _r 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 EmZ loyee. 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$4,862.46 per month($58,349.50 per year),said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2001 through June 30, 2002, 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. Employee agrees that the notice provisions of this paragraph shall limit the liability of the 3ca -9 I\ I 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 Ao Bement 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. Won-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, 4 ca-�a 1 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. Nandi-,crimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflict-, 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. Capyd b . 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. OutRide Fmk lay Ment,Conduct and Rehavior. 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 DA Administrator or give rise to the appearance of impropriety. 5a- i 16. EnforceabilitT, 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 ff rge e , ity ttomey G:Res Downtown Assoc with contracts 6 c�-�a n CONTRACT OF FMPLOYMF.NT "Exhibit R" THIS CONTRACT is entered into this 5" day of June, 2001,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"). WTTNF.SSFS: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Thursday Night Activities and Promotions Coordinator(TNA/PC); 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. Fmk lnyment. 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/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. Employ rent Status. Employee shall be a full-time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 5% of Employee's share to be paid by Employee and 2%of the Employee's share paid by the Downtown Association. 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 City employees. The only other paid benefits are 7C, �3 l 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 wan-ants 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$3,021.33 per month ($36,256 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2001 through June 30, 2002, 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. 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. 8ea-�� 8. Termination of Cnntract for Cance. 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. Nnn-Accignment 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. 9 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. Cn�. 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 DA TNA/PC or give rise to the appearance of impropriety. 16. Enfor e hilitT. 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 for-2 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: Christine Bragg ATTEST: Lee Price, City Clerk APPROVED AS TO FORM *rooietttoino-e�y G:Reso Downtown Assoc with Contracts