HomeMy WebLinkAbout12/20/1988, C-3 - BIA ADMINISTRATOR CONTRACT t Iec .A &'1988
I►�1���I cityo san Luis OBISPO )
COUNCIL AGENDA REPORT IT
FROM: John Dunn, City Administrative Officer
SUBJECT: BIA Administrator Contract
CAO RECOMMENDATION:
Adopt resolution approving the contract between the City of San Luis Obispo and
Dodie Williams for the period January 1, 1989 to December 31, 1989.
BACKGROUND:
The BIA Board has recommended the execution of a one-year contract between the City of San
Luis Obispo and Dodie Williams to perform the functions of BIA Administrator. Mrs. Williams
has been in this position since January 1986, and her level of job performance is
satisfactory to the BIA Board.
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. Forty (40) hours of administrative leave in lieu of overtime pay.
FISCAL IMPACT:
In addition to the proposed $36,000 salary per year, there will be approximately an
additional 12% of salary to cover limited employee benefits. The BIA has sufficient revenue
to pay for the contract. Current salary is $36,000 per year.
ALTERNATIVES:
1. Disapprove proposed contract or do nothing. This would result in the BIA having no
administrator.
2. Approve the proposed contract 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 contract of employment.
Contract of Employment
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RESOLUTION NO. (1988 SERIES)
A 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 seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1988.
MAYOR. RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
APPROVED:
City dministrative Officer Ponnel Direct
City Ottor
Finance Director
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CCNTRAGT OF E[�IAS i'P
'ISS CMMACr is entered into this 20th day of December, 1988, by and
between the CITY OF SAN IDIS OBISPO, State of California (hmminafter referred
to as "City") ,, and DOME Liz LLUMS, a OmRltract employee (hereinafter referred to
as "FITloyee")
WMMSSES:
mHEREm.S, 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
uncertain to create a permanent classification: and
wmmS, Employee is qualified to perform such service for City; and
SAS, the services to be contracted for are BIA Administrator.
NOW, THERMM,, the parties do mutually agree as follows:
1. Earoloyasnt. City hereby engages Employee and Employee hereby agrees to
perform for City the services hmminaf}eY set forth for the compensation
hereinafter set forth, all pursuant to the terms and conditions herein.
2. SOope 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.
Employee shall perform said services under the direct supervision of BIA
Advisory Board.
3. Employment Status. Employee shall be a full-time employee. Employee
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 ire. Membership in the City PERS retirement program shall be
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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 tern of this
Agreement which shall be taken In a manmer consistent with other City
employees. Employee shall be granted up to 40 hours per year of administrative
leave in lieu of overtime ccq)etmtion, 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 benefits are washers' compensation 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
any mileage attributable to normal cammu i ng by Employee 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 cation comparable 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 hold a position in any department or office of the City.
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4. Warranty of E=lovee. Employee warrants that she is properly certified
and licensed tuner the laws and regulations of the State of California to
provide the services herein agreed to.
5. Campensation. City shall pay to Employee as ompersation in full for
all services performed.by Employee pursuant to this Contract, the sum of $3,000
per month ($36,000 per year) , said ocm;ensation to be paid in accordance with
normal City procedures.
6. Teras of Contract. This Contract shall commence on January 1, 1989
through December 31, 1989, unless terminated earlier as provided herein. The
City Adm mist*ative 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 te**+i to
this Contract at any time by giving to the other party fifteen (15) days'
written notice of such termunation, 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 tex inaticm action taken by
City pursuant to paragraph 8 is subsequently found to be improper.
S. 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
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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 iagaaizs 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 Ccnstraet constitutes the
entire understan dng of the parties hereto. This Contract supersedes all
previous coixtraets, agreements, negotiations or trdp*stardi*gs, whether written
or oral, between the parties. Employee shall be entitled to no other benefits
than those specified herein, and Employee ada wledges 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 writirg and
signed by bath parties. Employee specifically adaiowledges that in entering
into and executing this Contract, Employee relies solely upon the provisions
contained in this contract and no others.
10. Non Assiarnnent of_c'ontaact0 7hi.s Contract is intended to secure the
individual services of the Employee and this 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 Cbntract 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
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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. 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 E=lovment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time
teaching,, consulting, or in other ahni1ar 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
i s
regarding conflicts-of-interest and shall avoid persmial irnolvement in
situations which are inconsistent or incompatible with the position of BIA
rator or give rise to the appearance of impropriety.
16. Enforceability. If any teras, covenant, condition or provision of
this agreement is held by a court of eaopetent 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.
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IN WIMESS WMWF, City and Employee have executed this Contract on the
day and year first hereinabove set forth.
QTY OF SAN IDIS OBISPO
By:
EMPLOYEE:
(Name)
CCUaIR:
city
LL
Finance Director
Pei Director
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