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HomeMy WebLinkAbout06/19/2007, C6 - EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION ADMINISTRATOR councit MmD� /9 e� j ac,Enaa Repoat �N CITY OF SAN LUIS OBISPO FROM: Pam Seeley, President, SLO Downtown Association Board of Directors VIA: Monica Irons, Human Resources—v -- Prepared By: Deborah Cash, Downtown Association Administrator SUBJECT: EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION ADMINISTRATOR CAO RECOMMENDATION Adopt a resolution approving the contract of employment between the City of San Luis Obispo and the Downtown Association Administrator. 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 contract employee and requests the City Council uphold its recommendation to renew the contract of the Downtown Association Administrator. 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. For Administrator Deborah Cash, a review committee consisting of the President of the Board of Directors, Pam Seeley, and Board members Ellen Henry,Patty Carpenter and Tom Copeland met in May to begin the review process. In addition, City staff liaison Brigitte Elke solicited input from City staff from Administration, Parking, Economic Development, Parks and Recreation and the Attorney's office for the Board's consideration. 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. Some of these included: • Worked closely with Strategic Plan Consultant on research and other activities including hosting town hall meeting, conducting surveys, drafting update and moving plan into a two-phase program • Recommended, developed and oversaw Thursday Night Promotions revamping resulting in higher participation, increased funding, greater participation, new events and amenities • Trained two new staff members: Promotions Coordinator and TNP Coordinator • Published annual report • Hosted Quarterly Breakfasts Clo �/ Employment Contracts for Downtown Association Administrator Page 2 • Continued in-house publications as well as feature writing for National Main Street newsletter and Chico Chamber of Commerce magazine • Created and oversaw implementation of Downtown Foresters • Worked with US Postal Service to have Downtown post office scrubbed on a regular basis • Worked with committee chairs and Board to develop two-year work program and budget • Promoted private Downtown Security program to the public • Assisted in Grand Finale for Sesquicentennial celebration • Presented at New Mexico State Main Street program on Farmers Market program • Secured sponsorship ($30,000) for City Parks and Recreation from new Downtown member • Provided free notary services for Downtown Association members • Conducted new member orientations • Appeared at civic and educational forums for speaking engagements, gave radio show interviews • Promoted development and opening of Chinese Gardens Following the annual performance appraisal, the Board voted to increase the Downtown Association Administrator's salary by 5.0 % from $5,978 to $6,277 per month. CONCURRENCES The Department of Human Resources has reviewed this request and finds the contract and approach is consistent with City policies. FISCAL IMPACT Approval of this request represents an increase in Downtown Association expenditures of approximately $3,586 for 2007-2008. Funding is available in the Downtown Association budget. ATTACHMENTS 1. Resolution with exhibits(Employment Contract) 2. Minutes from the Downtown Association Board of Directors Meeting, June 12, 2007 (to follow) G:\Downtown Association\2007\Agenda Report Cash Contract 07-08.doc ATTACHMENT l RESOLUTION NO. (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. CASH,DOWNTOWN ASSOCIATION ADMINISTRATOR FOR THE PERIOD JULY 19 2007 THROUGH JUNE 309 2008 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, 2007 through June 30, 2008, 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. On motion of , seconded by , and on the following.roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 19th day of June 2007. David F..Romero, Mayor ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: Jondjh_4ii,K Lowell City Attorney C� -3 Exhibit"A" Page 1 of 5 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 19th day of June, 2007, 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. 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 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 G:\Downtown Association\2007\2007 DA Cash Reso and Contract.doc Al �J Exbibit"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 sum of$6,277.01 per month($75,324.06 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2007 through June 30, 2008, 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. G:\Downtown Association\2007\2007 DA Cash Reso and Contract.doc 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 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 G:\Downtown Association\2007\2007 DA Cash.Reso and Contract.doc 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. 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. G:\Downtown Association\2007\2007 DA Cash Reso and Contract.doc ! r� 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 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 Lowell, City Attorney GADowntown Association\2007\2007 DA Cash Reso and Contract,doc SLO Downtown Association RECEIVED Board of Directors JUN 13 2007 12 June 2007 City Council Hearing Room SLO CIN CLERK Minutes Present Pam Seeley Natalie Tartaglia Frank DuFault Ron Meier 14, Tom Copeland 1p-COUNCIL $CDD DIR Alex Gough CAO qPFIN DIR Patty Carpenter ACAO i� FIRE CHIEF RED FILE Doug Shaw ATTORNEY 59 PW DIR MEETING AGENDA Bob Schinkel CLERK/ORIG )L POLICE CHF DEPT HEADS 13 REO DIR DATE,.G&/&vITEM # C'6 {d p,B` r UTIL DIR Carl Dudley, ex officio 4A 6.P 91R Roy Mueller, ex officio �f G'otw"c Deborah Cash, staff Katie Hollingsworth, staff Brent Vanderhoof, staff Michael Codron Claire Clark Patricia Wilmore Call to order by Seeley 7:38 AM. Motion to approve minutes by Shaw, 2nd by Gough, PAIR Downtown Building Heights Codron gave presentation on building heights Phase II. Copeland: recommended bring to EA committee to review details,board concurred. Alex Gough reported Econ Act committee, Prado Day Center fundraiser, Board of Realtors"adopted" Friends of Prado as fundraising beneficiary. DT Security Cash: public urination campaign to transient task force "Board meeting date change for August to August 7th. Graffiti National Grant Cash will pursue grant based on approach to window etching removal. Administrator's Contract Renewal Motion to approve contract renewal and salary increase by Shaw, 2"d by Schinkel, PAIF. Design Seeley reported on Mission Style sidewalk recommendations as submitted by Design Committee member Bruce Fraser. Also, looking forward to increased sidewalk scrubbing once Council passes new budget. Downtown Foresters: Seeley reported on training for taking care of DT trees. Promotions Hollingsworth reported on Concerts, Downtown Brown's Birthday Chamber of Commerce Report Wilmore reported: June 26 State of the City Economic Forecast lunch Tour of CA: looking good for being a "stop"next year Cash reviewed financials. Meeting adjourned 9:15 AM. Prepared by D. Cash 6-12-07