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HomeMy WebLinkAbout06/20/2006, C9 - EMPLOYMENT CONTRACTS FOR DOWNTOWN ASSOCIATION ADMINISTRATOR AND PROMOTIONS COORDINATOR Me= councit JU_°L zo 2_6C4 j ac enaa nepoizt 1�Nu �q CITY OF SAN LUIS O B 1 S P 0 FROM: Doug Shaw, President, SLO Downtown Association Board of Directors VIA: Monica Irons, Human Resourcesoo Prepared By: Deborah Cash, Downtown Association 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, current Administrator and Certified Main Street Manager, 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, and was reviewed by the Administrator and committee chairs. It is recommended that her contract be renewed for another year. For Administrator Deborah Cash, a review committee consisting of the President of the Board of Directors, Doug Shaw, Board members Ellen Henry and Patty Carpenter along with Design Chair Pam Seeley, met in May to begin the review process. In addition, City staff liaison Betsy Kiser along with input from Robert Horch, Parking Manager, and Shelly Stanwyck, Assistant City Administrator, also provided City staff input for the review. The Board President then met with the Administrator to discuss the evaluation and recommendations. It was felt that the Administrator's accomplishments of the past year should be highlighted. These included: • Developed budget and mid-point review of two-.year work program • Coordinated and facilitated annual Board Retreat with goal of developing vision and tasks with visible results while fostering teamwork among Board members I � � Employment Contracts for Downtown Association Administrator and Promotions Coordinator Page 2 • Developed and hosted Quarterly Breakfasts • Oversaw all promotions and event activities of Association • Secured funding for Strategic Plan, hired interns who assisted in conducting survey and property data compilation for use by Consultant; began "mark up" of current plan to consolidate with development of new plan (Administrator's task), met with property owners, attended BID formation seminar • Continued to participate in Main Street and California Downtown Association activities and uphold participation agreements; provide resources to other Downtown communities • Attended all Association issue-related City Council and advisory body meetings • Met quarterly with City Staff representatives and attended Mayor's Advisory Body meetings • Continued to serve on the Friends of Prado Day Center Board of Directors as the Association's representative • Served on the Transient Task Force, participated in developing new language for panhandling/bench sitting ordinances; launched education campaign within membership • Generated bi weekly email newsletter, DeliverE doubled number of businesses on mailing list • Continued to write monthly for SLO County Journal,produce bi-monthly newsletter • Worked with a number of business owners on business planning,marketing efforts • Continued to work with the Tribune and businesses to expand and improve the Holiday Shopping Guide • Participated on Parking Revenue Task Force • Promoted Gold Pass and Meter Key, work with members to educate about parking options • Assisted with Trout About Downtown project and auction • Worked with Sesquicentennial Committee to develop year long awareness campaign; serve on Grand Finale subcommittee • Coordinated the opening celebration of Court Street • Worked with County General. Services to provide recognition for New County Government Center • Served on panel to hire City Economic Development Director • Served on County Supervisor Jerry Lenthall's "blue ribbon task force" regarding Dalidio property • Hired and oversaw training of new administrative assistant (three person office) • Worked to maintain employee morale during (a) loss of a key employee and (b) complications of a "donated"project that had an unanticipated outcome • Worked to improve skills in a number of areas including photography, computer programs, physical design improvements for downtowns; will soon be obtaining certification as a Notary Public to offer this service free to members • Developed goals for upcoming year including: Complete Strategic Plan process, increase viability of Thursday Night Promotions event, work with developers on Downtown projects and their impacts, provide additional training for staff, redesign the published newsletter. G:\Downtown Association\2006\agenda report.DOC ��- Z j Employment Contracts for Downtown Association Administrator and Promotions Coordinator Page 3 Following the annual performance appraisal, the Board voted to increase the Downtown Association Administrator's salary by 4.0 % from $5,749 to $5,978 per month. Kristin Dennis has been filling the position of Promotions Coordinator since March 2004. The Administrator performed her evaluation after meeting with committee chairs Ellen Henry and Patty Carpenter. Due to Dennis' outstanding performance, the Board is recommending an increase in salary of 5.3%resulting in a salary change from $2,929 to $3,084 per month. These are the only changes 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$4,608 for 2006-07. 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, June 13, 2006 (to follow) G:\Downtown Association\2006\agenda report.DOC / '.� RESOLUTION NO. (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACTS OF DEBORAH J. CASH,DOWNTOWN ASSOCIATION ADMINISTRATOR, AND KRISTIN DENNIS, PROMOTIONS COORDINATOR, FOR THE PERIOD JULY 11 2006 THROUGH JUNE 309 2007 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, 2006 through June 30, 2007, 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, 2006 through June 30, 2007, 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 20th day of June 2006. David F. Romero, Mayor ATTEST: Audrey Hooper City Clerk i APPROVED AS TO FORM: Jonathan P. well City Attorney G:1Downtown Association\2006\2006 DA Cash & Dennis Reso and Contract.doc OO � Exhibit„A„ � � Pagel of 5 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 20th day of June, 2006; 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 GADowntown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc e !�, — el Exhibit`A' Page 2 of 5 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 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 stun of$5,978.10 per month($71,737.20 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2006 through June 30, 2007, 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. GADowntown Association\2006\2006 DA Cash & Dennis Reso and Contract.doc - r j Exhibit"A" Page 3 of 5 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 terns 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 G:\Downtown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc e C?— F Exhibit"A" Page 4 of 5 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.. Co t. 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. p, GADowntown Association\200612006 DA Cash& Dennis Reso and Contract.doc / — Exhibit"A" Page 5 of 5 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,t 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`. David F. Romero, Mayor EMPLOYEE_: Deborah J. Cash, CMSM ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM Gfan Lowell, City Attorney GADowntown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc �� OLJ Exhibit«B" Page 1 of 5 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 20th day of June, 2006, 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 Sart 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 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 ismedical G:\Downtown Association\2006\2006 DA Cash&Dennis Reso and Contract.doc Exhibit`B" Paget of 5 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 tern 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. ComRensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of$3,084.58 per month($37,014.96)per year). 6. Term of Contract. This Contract shall commence on July 1, 2006 through June 30, 2007, unless terminated earlier as.provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other patty fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper 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 GADowntown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc e — X02 Exhibit`B" Page 3 of 5 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, GADowntown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc e ?—/3 Exhibit`B" Page 4 of 5 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. Co t. 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 GADowntown Association\2006\2006 DA Cash& Dennis Reso and Contract.doc C q/14/ Exhibit`B" Page 5 of 5 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: Kristin Dennis ATTEST: Audrey Hooper,City Clerk APPROVED AS TO FORM Jo a Lowell, City Attorney G:\Downtown Association\2006\2006 DA Cash & Dennis Reso and Contract.doc