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HomeMy WebLinkAbout01/02/1990, C-13 - BIA ADMINISTRATOR CONTRACT II� �NII��IIIIIII+I Iulll / I MEETING GATE: city V�' o f $a► _.LUIS OBISpO Jan. 2 1990. • COUNCIL AGENDA REPORT M30 NUMBER: •i3 FROM: John Dunn, City Administrative Officer SUBJECT: BIA Administrator Contract CAO RECOMMENDATION: Adopt resolution approving the First Amendment contract between the City 'of San Luis Obispo and Dodie Williams, BIA Administrator for the period January 1, 1990 to March 30, 1990. BACKGROUND: Dodie Williams, current BIA Administrator, has informed the BIA Board that she will be resigning. Ms. William's contract expires December 31, 1989. A recruitment is currently underway for a new BIA Administrator. It is expected that the new Administrator will begin employment in mid-March. To aid in a smooth transition period Ms. Williams has agreed to extend her contract through March 31, 1990. There should be an approximate two week overlap during which time Ms. Williams will be available to assist the new BIA Administrator. The terms of the three month contract will remain the same as the pervious one. Terms of the contract include: 1. A salary of $3,000 per month for services not to exceed forty (40) hours per week. 2. A monthly permit for the Palm Street parking structure. 3. Ten (10) hours of prorated administrative leave in lieu of overtime pay. FISCAL IMPACT: No impact as this position has been budgeted in the 1989-91 Financial Plan. ALTERNATIVES: 1. Disapprove proposed amendment or do nothing. This would result in the BIA having no administrator. 2. Approve the proposed amendment of employment. This will result in the BIA having the administrative services required for continuation of BIA programs in progress. RECOMMENDATION: Adopt resolution approving the contract of employment. ATTACHMENT: Resolution approving first amendment of contract of Employment Copy of Contract Employment, 12/20/88 RESOLUTION NO. (1989 Series) C A RESOLUTION OF THE COUNCIL OF THE, CITY OF SAN LUIS OBISPO APPROVING FIRST AMENDMENT OF CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LAS OBISPO AND DODIE WILLIAMS, BIA ADMINISTRATOR, FOR THE PERIOD JANUARY 1, 1990 THROUGH MARCH 30, 1990 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION l: That the contract of employment between the City of San Luis Obispo and Dodie Williams as BIA Administrator for the. period January 1, 1990 through March 30, 1990, 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 the same. On the motion of , seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing Resolution was passed and adopted this day of 1989. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES APPROVED: W City A nistrative Officer Pers nn 1 W recto � 0/ PyAt o y Finance Director �1 f FI-RST AMENDMENT OF CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 2nd day of January, 1990, by and between the CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, (hereinafter referred to as "City") and DODIE WILLIAMS, a contract employee (hereinafter referred to as ".Employee") . W I T N E S S E T H: WHEREAS, the City entered into a contract of employment with Employee on December 20, 1988, for a_ period commending January 1, 1989 through December 31, 1989; and WHEREAS, it is in the best interests of City and. Employee to extend the contract for an additional three (3) month period: NOW, THEREFORE., the parties do mutually agree as follows: 1. Paragraph 6 of the contract of employment dated December 20, 1988 between City and Employee is amended. to extend the term for an additional three (3) month period commencing on January 1, 1990 and terminating on March 3.0, 1990, unless terminated earlier as provided therein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 2. All other terms and conditions of that contract of employment between City and Employee dated December 20, 1988 shall remain in full force and effect. IN WITNESS WHEREOF, City and Employee have executed this First Amendment of Contract of Employment on the day and ,year first hereinabove set forth. CITY OF SAN LUIS OBISPO (� By: ✓-�l�l 4 '�/ it �:.dy . Dodie Williams Concur: t A t, ne Ci y Finance Director RESOLUTION N0.6553 '( 1988 SERIES) CA RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ?APPROVING CONTRACT OF EMPLOYMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DODIE WILLIAMS., BIA ADMINISTRATOR, FOR THE PERIOD JANUARY 1,1989 THROUGH DECEMBER .31, 1989 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 Dodie Williams as BIA Administrator for the period January 1, 1989 through December 31, 1989, 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 Councilwoman Rappa _. seconded by Councilwoman Pinard, and on the following-roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilman Settle the foregoing .Resolution was passed. and adopted this 20th day of December. 1988. WOR RON DUNIN AT cit CLERK PAMELA E APPROVED: Cit*drdnistrative Officer P onnel Direct Cityttor y Finance Director CCNTR & OF E[pIfJymEmT THIS CONTRACT is entered into this 20th day of December, 1988, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City") , and DODIE WfTr.TAMS, a contract eaVloyee (hereinafter referred to as "Employee") , WITNESSES: WfiMAS, the City of San Luis Obispo has a need to hire an employee for a special project for which the Continued funding or need for the project is too 'certain to create a permanent classification; and WHEIMSS, Employee is qualified to perform such service for City; and WHEREAS, the services to be Contracted for are BIA Administrator. NOW, nMRUOM, the parties do mutually agree as follows: 1. EmAlovment. City hereby engages Employee and EMployee hereby agrees to Perform for City the services hereinafter set forth. for the ccrpensation 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 Parking and Business Improvement Association (BIA) ; specific duties and responsibilities to be established and modified from time to time by the BIA Advisory Board. Eirployee shall perform said services under the direct supervision of BIA Advisory Board. 3. Employment Status. EmPleyee shall be a full-time euplayee. DVloyee understands and agrees that she is not, and will not, be eligible for membership in any benefits from any City group plan for hospital, life, dental or medical insurance. Mmbexsh.ip in the City PERS retirement Program -shall be S" in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions .in the City and as determined by the Personnel Director. Employee shall accrue 8.00 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 40 hours per year of aaninistrative leave in lieu of overtime compensation, in recognition of the fact that the employee is exempt frsmm overtime cntpensation consideration and that the employee's schedule may require work beyond 40 hours in a week. r1he only other paid benefits are workerslompensation insurance and unemployment insurance. Employee shall be eligible for reimbursement for mileage at a rate of $0.24 per mile for use of her private automobile for official business but not including Cany mileage attributable to normal c=mrting by Emgployee to and from her office. Employee will also receive a monthly permit for the Palm Street Parking structure. Employee understands and agrees that she: is not entitled to be,paid a prevailing wage, nor is entitled to be paid ccm>pensaticn cmgmrable to a classified City employee performing similar work, but that the compensation received herein is a negotiated wage to be paid for the services to be Performed. 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 bald a position in any department or office of the City. -2- 4. Warranty of Emaloyee. 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• tion. City shall pay to Employee as cation in full for all services performed by Employee pursuant to this Contract;, the sum of $3,000 Pe' rcnth ($36,000 per year) , said ccnpensation to be paid in accordance with normal City Procedures. 6. Ierm of Contract. This Contract shall ocmaMstce on January 11 1989 through Decegiber 31, 1989, unless terminated earlier as provided herein. The City Acbiinistrative Officer may terminate the contract without the need for aeon, approval or ratification by the City Council, 7. Iermi-nation- of Contract for Convenience. Either Ply 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 J termination. EUployee shall be paid for all work satisfactorily =rpleted Prior to the effective date of such termination. Ernployee 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 Punt to paragraph 8 is subsequently found to be inproper. 8. Termi.nation.of Contract for Cause. If EaPloyee 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 EVloyee shall violate any of the terms of pirovisions of this Contract, or if IITPloyee has a physical or mental incapacity that precludes Employee frm -3- �I3 - � CPerforming 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 wk--itten notice thereof to Employee. Employee shall be paid for all work satisfactorily ccupleted prior to the effective date of such termination. 9. Entire-Aareement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreawnts, 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, or n raises not contained in this Contract have been made to CEmployee to induce Employee to enter into this Contract. No changes, amerldnents, 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-Assi4rmment 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 without the City's prior written consent shall be considered null and void. 11. Covenant. This Caritract has been executed arra 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 -4- 13, 9 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 this 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 Ehmlovment. 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 BIA 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 campetent 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. • -5- C IN WITNESS W2DOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO By: EMPLOYEE: (Name) CONCUR: City Attorney Finance Director Pierscruiel Director