Loading...
HomeMy WebLinkAbout08/18/1992, C-10 - BIA ADMINISTRATOR CONTRACT II�III�Iy�IiIVIIIIIi(IJ� III MEETING DATE: city of san L.ais oBispo 8/18/92 COUNCIL AGENDA REPORT ITEM NUMBEFy�►_/O FROM: John Dunn, City Administrative Officer PREPARED BY: Ann McPike, Personnel Director oo SUBJECT: BIA Administrator Contract CAO RECOMMENDATION: Adopt resolution approving the contract of employment between the City of San Luis Obispo and Lynn Block, BIA Administrator, for the period of July 3, 1992 through July 3, 1993 DISCUSSION: The BIA Board has recommended the extension of a one-year contract between the City of San Luis Obispo and Lynn Block to perform the functions of BIA Administrator. Ms. Block has been successfully performing the duties of the position for a little over one year. The terms of the contract include: 1. A salary of $3,000 per month for services not to exceed forty (40) hours per week, plus a performance bonus of four percent (4%) of annual salary to be paid as follows: two percent (2%) $720 on July 1, 1992, and two percent (2%) $720 on December 1, 1992. 2. A monthly parking permit for the Palm Street Parking Structure. 3. Forty (40) hours of administrative leave in lieu of overtime pay. 4. Holiday, vacation and sick leave benefits consistent with City policy. Additionally, the BIA Board has recommended an addition to the employment contract as follows: "At the time of the annual performance evaluation at the end of this contract (July 3, 1993), and given the condition that Ms. Block and the Board of Directors both desire her continued employment in this position, her salary as BIA Administrator shall be subject to a performance bonus ranging from a minus two percent (-2%) to a plus six percent (6%). The bonus amount shall be determined by the BIA Board of Directors as a part of the overall evaluation. Should her performance evaluation result in a two percent (-2%) reduction, this shall be applied across the year, thereby reducing each paycheck by a pro rata amount." In this way, the BIA and Ms. Block have established a compensation policy so that there is a C-lo-1 ����i�i����I�IIIIIIIIIII��aIl�Ill city of San LUIS OBISpo COUNCIL AGENDA REPORT BIA Administrator Contract Page 2 clear understanding of what is expected in terms of performance and compensation with continued employment. This approach is consistent with policies in place for regular city employees. FISCAL IMPACT I There are adequate funds in the BIA budget to provide for the additional $1,440 performance bonus. I i ALTERNATIVES 1. Do not approve the contract of employment. This would result in the BIA having no administrative support. 2. Approve the contract of employment, enabling the BIA to continue the programs in progress. I RECOMMENDATION Adopt resolution approving the contract of employment. ATTACHMENTS Resolution approving contract of employment Contract of employment 31-bloc C-Io-� RESOLUTION NO. (1992 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 LYNN BLOCK, BIA ADMINISTRATOR, FOR THE PERIOD JULY 3, 1992 THROUGH JULY 3, 1993 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 Lynn Block as BIA Administrator for the period July 3, 1992 through July 3, 1993, 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 1992. MAYOR ATTEST: CITY CLERK C-lo-.3 Resolution No. (1992 Series) APPROVED: City dministrative Officer Personnel Director *it y `�'� Finance Director 1 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 19th day of August, 1992, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and LYNN BLOCK, a contract employee (hereinafter referred to as "Employee"). WITNESSES: WHEREAS, 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 regular classification; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are BIA 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 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. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave C�lo-� 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 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 only other paid benefits are workers' compensation insurance and unemployment insurance. Employee shall be eligible for reimbursement for mileage at a rate of $0.27.5 per mile 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 will also receive a monthly permit for the Palm Street Parking structure. 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 $3,000 per month ($36,000 per year), said compensation to be paid in accordance with normal City procedures. In addition, Employee will receive a performance bonus of four percent (4%) of her annual salary to be paid as follows: two percent (2%), $720.00, on July 1, 1992, and two percent (2%), $720.00, on 2 C-/O-�o December 1, 1992. At the time of the annual performance evaluation at the end of this contract (July 3, 1993), and given the condition that Employee and the Board of Directors both desire her continued employment in this position, then Employees salary as BIA Administrator shall be subject to a performance bonus ranging from a minus two percent (2%) to a plus six percent (6%). The bonus amount shall be determined by the BIA Board of Directors as a part of the overall evaluation. Should the evaluation result in a two percent (2%) reduction, this shall be applied across the year, thereby reducing each paycheck by a pro rata amount. 6. Term of Contract. This Contract shall commence on July 3, 1992 through July 3, 1993, 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 3 1 /0- 7 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, 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 Contract has been executed and delivered in the State of California, 4 C!o-g 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. 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. 5 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 W 1EREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO BY: Mayor Ron Dunin ATTEST: City Clerk Pam Voges EMPLOYEE: Lynn Block CONCUR: *1tto y Finance Director �-J U J (IV,btc?A Personnel Director al-bloc<oo 6 C-lD-0