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HomeMy WebLinkAbout07/15/2003, C2 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR council °°° j, acenaa aepont C CITY OF SAN LUIS OBISPO VIA: JILL SYLVAIN,HUMAN RESOURCES ANALYST FROM: CORRENE WEAVER,SLO DOWNTOWN ASSOCIATION BOARD PRESIDENT SUBJECT: EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR 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 Promotions Coordinator. DISCUSSION In 1975; the Downtown Association was formed by ordinance and remains under the "umbrella" of the City of San Luis Obispo as an advisory body. Each year, the Downtown Association Administrator and Promotions Coordinator request that the City Council uphold the recommendation of the Downtown Association Board of Directors to approve the contracts for those positions. Deborah Holley, current Administrator, was hired by the Downtown Association in 1995 and has continued to perform all of the duties assigned her resulting in a recommendation by the review committee and Board of Directors to renew her contract for another year. Maryann O'Brien, current Promotions Coordinator, was hired by the Downtown Association in December, 2002, and has completed a probationary period and review by the Administrator and committee chairs. It is recommended that her contract be renewed for another year. For Administrator Deborah Holley, a review committee consisting of the President of the Board of Directors, Correne Weaver, committee chairs Brad Bilsten and Craig A. Boisvert, and City of SLO liaison to the Downtown Association Betsy Kiser met in June to begin the review process. The Board President then met with the Administrator to discuss, item by item, the evaluation and recommendations. An increase to the Administrator's compensation package was offered based on the outcome of the evaluation. In addition, it was felt that the Administrator's accomplishments of the past year should be highlighted. These included: ■ Continued as Treasurer of the Friends of Prado Day Center(position held for three years) ■ Developed a new format for Quarterly Breakfast o. '" I Council Agenda Report—Report Title Page 2 ■ Implemented staff reductions resulting in reassigned duties for all office staff • Oversaw training of new Promotions Coordinator ■ Continued speaking engagements/Main Street participation • Streamlined budget for upcoming anticipated reductions in income • Devised and engineered in-house promotional campaigns for Century Project and.New County Government Center ■ Worked with businesses to review and develop business plans ■ Worked with Promotional Coordinating Committee and Economic Activity Committee to develop kiosk program (expected completion Fall '03) Following the annual performance appraisal, the Board voted to increase the Downtown Association Administrator's salary by 4.5 % (1.5%COLA and 3% performance increase), from $5,086 to $5,314 per month. The Downtown Association will continue to pay 3% of the employees' contribution to PERS. Maryann O'Brien has been filling the position of Promotions Coordinator since December 2002. Her review was performed by the Administrator after meeting with committee chairs Correne Weaver and Frank Merson. The Board is recommending an increase in salary of 3% starting in December, 2003, her one-year anniversary. The salary will go from$2,875 to$2,961 per month. No other changes are recommended at this time. 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$3,336. Funding is available in the Downtown Association budget. ATTACHMENTS 1. Resolution with exhibits (Employment Contracts) 2. Minutes from the Downtown Association Board of Directors Meeting,July 8, 2003 ca-a ATTACHMENT 1 RESOLUTION NO.9336(2003 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 MARY ANN O'BRIEN,PROMOTIONS COORDINATOR, FOR THE PERIOD JULY 19 2003 THROUGH JUNE 309 2004 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, 2003 through June 30, 2004, attached hereto as Exhibit "A" and by this reference made a part hereof, 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 Mary Ann O'Brien as Promotions Coordinator for the period of July 1,2003 through June 30, 2004,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,Council Member---seconded by Council Member---, and on the following roll call vote: AYES: Council Members NOES: ABSENT: The foregoing Resolution was passed and adopted this 1st day of July 2003. Mayor Dave Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM AND CONTENT: Jona well, City Attorney 1 C�-3 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 15th day of July, 2003, 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"). WITNESSETH: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association Administrator; 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. 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 3 ca4 with other City employees. Employee shall be granted up 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 benefit is medical benefits for employee and dependents not to exceed $7,000.00 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$5,314.87 per month ($63,778.44)per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2003 through June 30, 2004, 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. 4tin _� Exhl b it A Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the even[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 5h^ SLP ' Cxh-�b•f A. 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. Conyrieht. 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 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 Jonathan Lowell,City Attorney 7 CONTRACT OF EMPLOYMENT 'Exhibit W THIS CONTRACT is entered into this 15th day of July,.2003, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and MARY ANN O'BRIEN, a contract employee(hereinafter`referred to as "Employee"). WITNESSETH: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Promotions Coordinator(PC); and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS,the services to be contracted for are DA PC. 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: 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 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 8 � rq be taken in a manner consistent with other City employees. The only other paid benefit is medical coverage not to exceed $2,000.00 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 $2,875 per month ($34,500.00 per year). Effective December 31, 2003 the monthly salary will increase 3% to $2,961 ($35,535 per year) said compensation to be paid in accordance with normal City procedures 6. Term of Contract. This Contract shall commence on July 1, 2003 through June 30, 2004, 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 9 Ca- O 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 Contract or any interest therein without the prior written consent of City, and any such assignment, 10 earn 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. Copyright 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 PC or give rise to the appearance of impropriety. 11 r l4` 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: Mary Ann O'Brien ATTEST: Lee Price,City Clerk APPROVED AS TO FORM J6wM16n Lowell, City Attorney 12 Ca- �� i ATTACHMENT 2 SLO Downtown Association Board of Directors 8 July 2003 City Council Hearing Room Minutes Present Correne Weaver Michael White Jeff Langford Brad Bilsten Howard Carroll Frank Merson Mark Jorgeson Craig A. Boisvert Deborah Holley, staff Maryann O'Brien, staff Betsy Kiser Motion to approve minutes by Main, 2"a by White, PAIF. Copeland Update Holley stated that Copeland's have pulled permits; City has 90 days to get lot ready for construction. Century/County Building updates Carroll said he would like to see relief—defer storm drain project to next year, may help to get cash flow back; Boisvert said Monterey St. Espresso owner has expressed she may have to close permanently. Carroll asked why it will take one month for storm drain;back to school not a good time to have construction, staging, need more info about Morro St. Holley will forward comments and look into this. CEmploye:Contracts Motion bgford to accept recommendation of exec corn to approve employee contractsy Main, PAIF. Taste of San Luis Weaver said first meeting has already been held; need more people on clean up; Merson and White offered to stay late for oversee clean up. Next meeting: 24 July 8:30 AM. In lieu exception