HomeMy WebLinkAbout06/21/2005, C2 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR counat Mcc=°D�&1:40)r
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CITYOF SAN LUIS O B I S P O
VIA: Monica Irons,Human Resources Director
FROM: Kathi Main, President,SLO Downtown Association Board of Directors
Prepared By: Deborah Cash,Administrator
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 affiliated with the
City of San Luis Obispo as an advisory body. Each year, the Downtown Association Board of
Directors evaluates its two contract employees and requests that the City Council uphold its
recommendation to renew the contracts of the Downtown Association Administrator and
Promotions Coordinator.
Deborah Cash, Downtown 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.
Kristin Dennis, current Promotions Coordinator, was hired by the Downtown Association in
March, 2004. Her performance was reviewed by the Administrator and committee chairs. It is
recommended that her contract be renewed for another year.
A review committee consisting of the President of the Board of Directors, Kathi Main and Board
members Ellen Henry and Patty Carpenter, met in May to begin the performance review process
for the Downtown Administrator. In addition, City staff liaison Betsy Kiser along with Robert
Horch, Parking Manager, and Shelly Stanwyck, Economic Development Manager provided input
to the review committee. The Board President then met with the Administrator to discuss, item
by item, the evaluation and recommendations.
A summary of the Administrator's accomplishments during the past year follows:
• Year-long training of Promotions Coordinator.
• Developed new event: Fiesta de SLO.
• Upheld the directives of the Strategic Plan.
• Promoted and obtained sponsors for the Trout about Downtown public art project.
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Downtown Association Administrator and Promotions Coordinator Contracts Page 2.
• Provided bookkeeping and staff services for the Friends of Prado Day Center for first half
of year. Currently working with professional bookkeeping service to take over a portion
of those duties.
• Participated in planning and worked at celebration to honor Ken Schwartz.
• Worked with California Downtown Association to bring a major conference to SLO
(keynote speaker Huell Howser).
• Hosted several city groups from around the country regarding Downtown events and
revitalization.
• Developed Deliver-E, email newsletter.
• Oversaw and implemented kiosk wayfinding/public art project.
• Oversaw and managed Association budget.
• Lobbied for funding for update of Strategic Plan.
• Developed and facilitated annual board retreat to revamp 2-Year work plan.
• Dealt with controversial issues at TNP (sticker issue).
• Participated in formation of CAMSA (California Association of Main Street Affiliates) to
temporarily replace California Main Street program and maintain certification status.
• Speaker presentation at National Town Meeting on Main Street in Baltimore.
• Reestablished editorship of Holiday Shopping Guide (Tribune).
• Obtained new beverage sponsor for Concerts in the Plaza.
• Continued to write a monthly article for SLO County Journal and produce a bi-monthly
newsletter.
Following the annual performance appraisal, the Board voted to increase the Downtown
Association Administrator's salary by 4.0 % (3.0 %COLA and 1% performance increase), from
$5,527 to $5,749 per month.
Kristin Dennis has been filling the position of Promotions Coordinator since March 2004. Her
review was performed by the Administrator after meeting with committee chairs Ellen Henry
and Tunny Ortali. The Board is recommending an increase in salary of 4% resulting in a salary
change from $2,816 to $2,929 per month.
No other changes are recommended at this time.
CONCURRENCES
The Department of Human Resources has reviewed this request and finds the contracts
compliant with City policies.
FISCAL IMPACT
Approval of this request represents an increase in Downtown Association expenditures of
approximately$4,020. Funding is available in the Downtown Association budget.
C,2-2
Downtown Association Administrator and Promotions Coordinator Contracts Page 3
ATTACHMENTS
1. Resolution with exhibits (Employment Contracts)
2. Minutes from the Downtown Association Board of Directors Meeting, June 14, 2005
(will be provided to Council prior to the June 21, 2005 meeting)
GAAgenda Reports%DAA&Promo Coord 2005.DOC
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RESOLUTION NO. (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF
DEBORAH J. CASH,DOWNTOWN ASSOCIATION.ADMINISTRATOR,
AND KRISTIN DENNIS,PROMOTIONS COORDINATOR,
FOR THE PERIOD JULY 19 2005 THROUGH JUNE 30,2006
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. CASH as Downtown Association Administrator for the period July 1, 2005
through June 30, 2006, 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
KRISTIN DENNIS as Promotions Coordinator for the period of July 1, 2005 through June 30,
2006, 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 adopted this 215`day of June 2005.
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
c
Jon . Lowell
City Attorney
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CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 21st day of June, 2005, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH J.
CASH, 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. 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 Board of Directors.
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 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 leave in lieu of overtime compensation, in recognition of the fact that
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the employee is exempt from overtime compensation consideration and that the employee's
schedule may require work beyond 40 hours in a week. The Downtown Association offers a
paid medical benefit for Employee and dependents not to exceed the $7,000 annually.
However, Employee may choose to participate in any health plan of her choice. Should
Employee not utilize the medical coverage provided by the Downtown Association, Employee
shall be entitled, upon proof of other current and valid medical coverage, to receive the cash
equivalent of the $7,000 benefit annually, dispersed in equal partial payments, on a per pay
period basis, over the course of each year. 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$5,748.56 per month ($68,982.70 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 1, 2005 through June 30,
2006, 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.
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,
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
ea- g
n
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:
David F.Romero, Mayor
EMPLOYEE:
Deborah J. Cash, CMSM
ATTEST:
Audrey Hooper,City Clerk
APPROVED AS TO FORM
J Lowell,City Attorney
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CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 21st day of June, 2005, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and KRISTIN
DENNIS, 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. ScgZ 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 of Directors. 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 6 % 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 benefit is medical
coverage not to exceed $2,000.00 annually. Employee shall be eligible for reimbursement for
e.210
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$2,828.9.7 per month ($35;147.67)per
year).
6. Term of Contract. This Contract shall commence on July 1, 2005 through June 30,
2006, 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..
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
C;2-//
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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,
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.
o
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 PC 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.
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CITY OF SAN LUIS OBISPO
BY:
David F. Romero,Mayor
EMPLOYEE:
Kristin Dennis
ATTEST:
Audrey Hooper,City Clerk
APPROVED AS TO FORM
Jo Lowell, City Attorney
council memoizanbum
June 14, 2005
TO: City Council RED FILE
- MEETIN9 AGENDA
VIA: Ken Hampian, CAO DATE"/ S ITEM #—L?-
FROM: Monica Irons, Director of Human Resources
SUBJECT: Downtown Association Administrator and Promotions Coordinator Contracts —
DA Board of Directors Minutes
The employment contracts for the Downtown Association (DA) Administrator and Promotions
Coordinator expire on June 30, 2005. Each,year the DA Board of Directors' President reviews
the performance of these employees, their contracts, and their compensation. A staff report,
resolution, and contracts were prepared for the June 21, 2005 Council meeting, but the DA
Board of Directors must first approve the President's recommendations. This action took place
last night, June 13, 2005, at the June DA Board meeting. The minutes of the Board meeting are
attached for Council review.
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SLO Downtown Association
Board of Directors
14 June 2005
City Council Hearing Room
Minutes
Call to order by Main 7:40 AM.
Present
Kathi Main
Tom Swem
Brad Bilsten
Pam Seeley
Tom Copeland
Tunny Ortali
Howard Carroll
Alex Gough
Ellen Henry
Doug Shaw
Brandon Downing, ex officio
Deborah Cash, staff
Kristin Dennis, staff
Katie Winfrey, staff
John Ewan
Patricia Wilmore
Betsy Kiser
No public comment at this time.
Motion to approve minutes of May 3 by Ortali, 2nd by Henry.
Motion to approve minutes of May 23 by Shaw, 2nd by Seeley, PAIR
Staff Reviews/Contracts
Main gave overview of review process.
Motion by Swem to approve contract renewal and salary increase for Cash and Dennis,2"d
by Ortali,no discussion,PAIF.
Taxi Zone
Motion to uphold Exec. Committee recommendation to support taxi zone program by
Ortali, 2"d by Swem,PAIF.
Court St. Opening
Tom Copeland stated the opening went very well, several more stores opening this summer.
Open Air Flowers will be going into a new spot on Osos Street in the center.
Fiesta de SLO
Winfrey gave overview of activities of the day, passed around budget. Wilmore stated events
like these are important for tourism.
Strategic Plan Update
Cash reported on presentation made to Council. Ewan stated the message from Council is these
kinds of things need to be created on your own, use own resources. Cash will be in touch with
Jeff Eichenfield about status of funding, availability.
Trout About Downtown
Cash reported "Steely Dan" was stolen last week, a meeting is scheduled for Trout About
committee today to determine if the program should be reconfigured.
Concerts in the Plaza
Dennis reported on changes to set up this year; that is KSBY sponsoring and has put together
great commercials.
Taste of San Luis
Board scheduled first meeting for June 29 9 AM; Cash gave status report on tickets, vendors.
Transient Task Force
Ortali gave report of task force meeting; stated business owners have to step up to plate and issue
complaints but they don't want to get involved because of fear of retaliation. Looking at putting
together packets for business owners on dealing with issue, police becoming more involved.
Developing a sign for businesses to post about not giving money to panhandlers. City Attorney
now on task force, have to observe civil liberties in these matters.
Copeland asked about taking out benches by Downtown Center on public property, ideal place
for panhandling. Cash suggested this idea be brought to task force, these are not Downtown
Association benches, okay to remove.
Crystal Eagle Awards
Board decided on Court Street and Fiesta to nominate for awards.
Promotions Coordinator
Dennis reviewed needs for Santa House; date chosen for work party is Saturday, August 13.
Dennis reported on TNP market issue: barbecuers being moved in front of Court Street to
accommodate four produce vendors spots that had been eliminated when Court Street was under
construction. Due to new sidewalk, could also be traffic issues with accommodating size of
barbecues in former location and smoke from barbecue going into nearby retailers' businesses
could also be a problem.
Board discussed best scenarios for reconfiguring market for everyone's benefit.
Motion by Swem to review all alternatives for vendors/barbecues (after researching with
City) and any recommendations be brought to board before changes are made,2°a by
Carroll. PAIF.
Swem also suggested inviting managers from Abercrombie &Fitch and Banana Republic to
participate in discussions.
Parking
Swem reviewed parking fund review report,possible revision of fees and fines to generate
revenue.
Design
Cash reported a two-sided color flyer of Beautification Awards interviews will be included in
upcoming newsletter.
TNP
No report.
Economic Activity
Carroll stated that first mandatory deadline for URMs for plan submitted is July 1. Gough added
there is a hard deadline at end of year. Carroll said people are more forgiving when people know
disruption is benefiting them.
Meeting adjourned 9:20 AM.
Prepared by D.Cash
6-14-05