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
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����i�i����I�IIIIIIIIIII��aIl�Ill city of San LUIS OBISpo
COUNCIL AGENDA REPORT
BIA Administrator Contract
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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
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There are adequate funds in the BIA budget to provide for the additional $1,440 performance
bonus.
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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.
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RECOMMENDATION
Adopt resolution approving the contract of employment.
ATTACHMENTS
Resolution approving contract of employment
Contract of employment
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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
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Resolution No. (1992 Series)
APPROVED:
City dministrative Officer Personnel Director
*it y `�'� Finance Director
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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
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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
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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
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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 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,
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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.
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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
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