HomeMy WebLinkAbout07/05/1995, C-5 - BIA ADMINISTRATOR CONTRACT llll�ly`II�IIIIIII��I�IUIII MEETING DATE:
cityo1" san lugs oBIspo 7/05/95
COUNCIL AGENDA REPORT ITEM NUMBER:66
FROM: John Dunn, City Administrator Officer
PREPARED BY: Ann Slate, Personnel Director lY
SUBJECT: BIA Administrator Contract
CAO RECOMMENDATION: Adopt a resolution approving the contract of employment
between the City of San Luis Obispo and Deborah J.
Holley, BIA Administrator, for the period of July 10, 1995
through July 10, 1996.
Discussion:
Annually, the Business Improvement Association (BIA) requests the City Council approve the
renewal of the employment contract for the BIA Administrator. The former BIA Administrator,
Lynn Block, left the position on February 28, 1995 to accept employment with another business.
Kay Mickelson has filled the position since on a temporary basis and will be leaving on July 1,
1995. In April of this year the City's Personnel Department, on behalf of the BIA Board,
launched a recruitment that yielded 60 applications. Twelve of the most qualified applicants
were invited to interview in late May. The top four candidates were interviewed a second time
by the BIA Board who instructed the BIA President, Peter Terhune, to offer the position to
Deborah J. Holley. Ms. Holley has accepted the position and will commence work on July 10,
1995 after the approval of her contract by the City Council. A copy of her resume is attached.
The terms of the contract include:
1. A salary of$2,708 per month as a full time employee and membership in the City
PERS retirement program in accordance with PERS requirements with the
Employee's share to be paid by the Employee.
2. Reimbursement for mileage at a rate of $0.29 per mile for use of her private
automobile for official business but not including any mileage attributable to
normal commuting by Employee to and form his office.
3. Forty Eight hours of administrative leave in lieu of overtime pay.
4. Holiday, vacation and sick leave benefits consistent with City policy.
11111 lll1pill city of san LUIS OBISPO
Mj& COUNCIL AGENDA REPORT Page 2
FISCAL IMPACT:
The BIA is self supporting and no longer requires City contributions to maintain its current
operations. There are adequate funds in the BIA budget ($77,500) for staff salaries. The two
other (temporary) positions of BIA Coordinator and BIA Clerical Assistant are currently in the
process of being filled.
ALTERNATIVES:
1. The City Council could elect to not approve the contract for employment. This would
result in the BIA having no administrative support. This alternative is not recommended
since presumably BIA support would fall to the current downsized City staff.
2. If the Council does not approve the contract for employment the BIA could hire
temporary staff to perform the various duties. This is not recommended because there
is a need to have consistent, experienced staff managing the numerous BIA projects and
events.
RECOMMENDATION:
Adopt resolution approving the contract of employment
ATTACH11ENTS:
Resolution approving contract of employment
Contract of employment for Administrator
Resume of proposed employee
cm.mw.00a.
RESOLUTION NO. (1995 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 DEBORAH J. HOLLEY, BIA ADMINISTRATOR, FOR THE
PERIOD JULY 10, 1995 THROUGH JULY 10, 1996
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. HOLLEY as BIA Administrator for the period July 10, 1995 through July 10, 1996,
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 , 1995.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CONTENT:
i r
rgeity&46orney
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CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 5th day of July, 1995, by and between the CITY
OF SAN LUIS OBISPO, State of California(hereinafter referred to as "City"), and DEBORAH
J. HOLLEY, a contract employee (hereinafter referred to as "Employee").
VaTNFSSES:
WHEREAS, the City of San Luis Obispo has a need for a Business Improvement
Administer; 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. Sge 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. Emvlovment 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
benefits consistent with other positions in the City and as determined by the Personnel Director.
Employee shall accrue 8 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 48 hours per year of administrative leave in lieu of overtime compensation, in recognition of
1. 1
11 the fact that the employee is exempt from overtime compensationconsiderationand 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 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$2,708 per month ($32,500 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 10, 1995 through July 10,
1996, 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 or .:ontract 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 m 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-Assiirnment 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 deliverer 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. Co�h . 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.
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 ttv..eby.
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:
EMPLOYEE:
ATTEST:
y(�
Gladwell, Cityerk
APPROVED AS TO FORM
en n, X A rney
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Deborah J. Holley
3960 5outh Higuera 5treet#24
San Luis Obispo CA 93401
805.542.0881
Business Management• Marketing • Professional Relations •Writing/Publishing
Professional Experience
Philip L. Searby. DPM, San Luis Obispo/Templeton Business Manager 10/94- Present
Hired to restructure busy podiatric office including: analyzing and solving accounting and
business practice problem areas;assuming complete'responsibility for daily office operations
including: bookkeeping, accounts payable,accounts receivable, scheduling patients,transcribing
patient reports and physician letters, managing complex insurance requirements for billing and
issuing reports on all areas of business. Also supervise and plan marketing and promotional
activities including producing bi-annualnewsletter,developing advertising and networking.
San Luis Obispo Mozart Festival, SLO Marketing and Public Relations Director 1/93- 10-94
Responsible for marketing and promotion of the countj/s largest cultural event. Duties included:
developing a marketing program to promote year-round fund-raising activities as well as the
annual Festival. Worked closely with Excecutive Director on fund-raising-- including grant-
writing--and special events. Worked with musicians and agents to formulate promotion of their
appearances and maximize exposure for the Festival in state and nationwide publications. Also
responsible for providing copy and materials for all printed publications, and for selling advertis-
ing in the Festival program. Was staff member of Marketing committee and Events committee,
working closely with board members to develop programs. Attended Promotional Coordinating
Committee meetings, City Council meetings and worked with the City and Business Improvement
Association to promote Decemberfest activities. Supervised annual intern and special projects
volunteers. Worked closely with intern and Outreach committee to develop programs for
underrepresented in community. Other duties included public speaking appearances, radio
promotions and planning the Festival's media party.
Clift and Associates, Santa Maria Marketing Firm,Writer/Research Developer 7/92- 1/93
Developed written and design aspects of marketing strategies for forward-looking businesses
and individuals. Clients included major retail shopping establishments, legal firms, insurance
companies, banks, mortgage lenders,City of Santa Maria, Santa Maria Affordable Housing
Project(private),food products companies and more. Provided copy and layout for promotional
tools, annual reports, newspaper and magazine articles, press releases and survey analyses.
Researched non-profit organization grant proposals and developed for-profit/not-for-profit
partnership recommendations.
Business Improvement Association, San Luis Obispo Intern to Administrator 9/91 - 6/92
An exciting and rewarding arena of business, promotions,writing, client relations,committee
work and implementing board-mandated directives. Duties included newsletter production,
photography, promoting Downtown events to local and out-of-area audiences,working closely
With Downtown businesses on special events including Farmer's Market. Worked with the City
and businesses in areas of parking,seismic retrofit, street closures due to construction and/or
project development. Attended City Council meetings,worked public information at Farmer's
Market and met with groups providing entertainment. Also issued press releases and PSAs.
C-s'�
Irma Line Productions, San Luis l po, Owner 6/90 - Present
Operate writing and publication business offering resume Service, professional writing including
ismsietters and brochures, promotional tools and other desk-top produced services.
Central Coast Parent Magazine, San Luis Obispo,.Assistant Editor,Writer 6/88-5/90
Assisted in developing the county's first publication focusing on parenting and children's issues.
Wrote articles,developed monthly themes, interviewed and researched persons and areas of
interest pertaining to children's health and welfare,a g.a feature on county playgrounds and
parks--thair safety and accessibility. Also assisted with layout,design and photography.
Wine Street Wines, San Luis Obispo,Owner 4/86- 6/88
Operated boutique retail wine establishment in Downtown 5LO. Managed all aspects of busi-
ness including sales, inventory, staff, bookkeeping, promotions,display and publication of
tnonthly consumer newsletter. Was business sponsor of Les Amis du Yin, Nat'I Wine Assn.. O
Swell Beach Juice Company, Shell Beach, Owner 8/82-10/85
Manufactured and produced 100% natural and fresh juices for distribution. Operated with
staff of three procuring fruit, producing and bottling juice,.delivering countywide (accounts
biTeluded Cal Poly,William's Brothers Grocery Stores, restaurants and over 100 small busi-
nesses.) Also responsible for all accounting, bookkeeping,.payroll, inventory and promotional and
advertising duties.
Education
Bachelor of Science, California Polytechnic State University, San Luis Obispo, 1992
Major. Journalism, concentration News Editorial
Associate of Arts, Cuesta College, San Luis Obispo, 1976
Concentration: Liberal Studies
Professional and Community Affiliations
Graduate,1994 Leadership SLO Class III O
President,Women's Network of San Luis Obispo,1995/96
Member, Promotional Coordinating Committee, Advisory Body to 5LO City Council 95/96
Member, Society of Professional Journalists
Member,Cal Poly Alumni
Member, Los Ranchos PTA
Other interests and activities
Antiques
Travel
Gardening
Activities with my family
County resident since 1973
References available
�S-�D
A P.4
2 April 1995
Personnel Department
San Luis Obispo City Hall
Wo MW 4""
San Luis Obispo CA 93401
Dear Personnel Director:
The following will fulfill the information requirements listed in your
recent advertisement for the position of Administrator for the
Business . Improvement Administration.
Salary History, names and addresses of previous employers:
Philip L. Searby, DPM
1941 Johnson Ave, Suite 107
San Luis Obispo CA 93401
Annual Salary: $26,000 plus commission on receivables over
$20,000 per month and benefits
Mozart Festival . Association
P0Box 311
San Luis Obispo CA 93406
Annual Salary $23,500 plus commission on sales for Festival program
over $11,500
Clift and Associates, Marketing Associates
361 Town Center West, Suite 200
Santa Maria CA 93454
Annual Salary $22,500
Fine Line Publishing
1337 Descanso
San Luis Obispo CA 93405
Monthly salary: varies (part time)
I believe I fulfill all experience requirements. listed for this position.
However, I feel I possess other attributes which make me a most
qualified candidate in this case. I have lived in this area for more
than two decades, and in the City of San Luis since 1977. 1 am a Cal
Poly graduate, and a previous Downtown business owner (former
member of the BIA). I have a special affinity for this City, and
particularly for the Downtown . area. During my internship with the
BIA, I often hoped to someday assume the position of Administrator
and be an integral part of the Downtown's vibrant. future. I am
event- and activity- oriented .as well as a capable business person
and feel this marriage would . serve the position and the businesses of
Downtown SLO well.
I look forward to being considered for this available position and
again, wish to stress both my qualifications and enthusiasm. I can be
reached at either of the given numbers at any time.
Sincerely,
Deborah Holley
f{ra.mberger
MISS 1 . . . ..
,
Benefits
•w a i:
Inc.
UFE
HEALTH
GROUP
"'May May 15, 1995
Re: Deborah Holley
To Whom It May Concern:
1 have known Deborah Holley for over four years in various capacities and
I take this opportunity to recommend her to you.
Deborah and I met while serving.together on the Board of Directors for the
San Luis Obispo Women's Network. She is a hard worker and is constantly looking
for ways to improve both herself and the organization..She*has been instrumental
in implementing changes that have all.improved the quality of our organization.
She is innovative, bright, articulate anda genuinely nice person.
I also had occasion to observe her while she was at the helm of the Mozart
Festival, sometimes under what I consider difficult situations. Deborah always
maintained her professionalism and her smile and commanded the respect of those
who worked with her.
She is truly a competant and capable person. Whatever your needs may be, I am
sure that Deborah would be an asset to your organization. I highly recomment her
to you and welcome any questions you may have.
Regards,
Connie C. Framberger
FRAMBERGER EMPLOYEE BENEFITS AND INSURANCE.SERVICES, INC.
694 SANTA ROSA STREET
P.O.BOX 1142
SAN LUIS OBISPO
CALIFORNIA 93406
(605)5410462
(605)761.2526 FAX /A" .3
V
91LlYo Z AeaxeJ o., -0. 9.- . San(805)05) Obispo
543-3025
19d1 Johnson Avenue,Suite 107
Dipbeiab —rd aFP Boom of��n�PodwtrK Aledana San Luis 06ispo,CA 93d0I
'Up6mote
Poclatric Tae lao
1-800-286-FOOT PHILIP L SFARBY D.PM ,Surgeon
A.G F.A.5. 22980514 Suite 9
FAX(905)543-2740 Tanoeten,CA 93465
CHILDREN'S FOOT •
PROBLEMS 25 May 1995
To Whom It May Concern:
DIABETIC FOOT I would like to take this opportunity to commend and recommend
CARE PP Y
Deborah Holley to you based on . her past performance with this
office and my experience of having known her personally prior to
being my business manager.
EXTENDED CARE
FACILITIES Deborah proved to be a dedicated, conscientious and caring
manager while with my. practice. In addition to learning the
basics of the medical industry with regard to billing and office
management quickly, she helped restructure problem areas of
FOOT SURGERY business and worked to promote my services whenever possible.
Because of her efforts, our system is once again running smoothly
and effectively.
FOOT TRAUMA I believe that she will bring the traitsof ingenuity, integrity and
capability to the position thatshe is.: seeking. She demonstrates
excellent management, people and computer skills and handles
challenges very competently.
HEEL PAW
I would be happy, once again, to recommend Deborah to any
prospective employer.
HOUSE CALLS Sincerely,
PLANSGID CARE Philip L. earby, DPM FACFAS
SPORTS INJURIES
SPORTS MEDICINE
INTERNSHIP EVALUATION - Supervisor Assessment
of. T Z bo rol� ISI
astern s name
(Use checks or X's-- UNABLE TO
complete all items.) SUPERIOR GOOD AVERAGE WEAK OBSERVE
writing ability X
editing ability X
layout/designlayout/design ability X
photographic skill X
care in professional work X
speed in doing assignments X
enterprise in doing assignments X
self-starting ability X
p=ctuality X
personal appearance in the workplace X
relationship with superiors X
relationship with workmates X
relationship with outside "publics" X
professional attitude X
readiness to fill an entry level
position-your firm or another X
Additional comments: Deborah is an outstanding employee and highl3i qualified journalist.
She developed program ideas and innqvative ne approached to sit ations she encountered
throughout her internship. She will e a highl valuec asset to the organization she
joins.
LYNN BLOCK, AMDINISTRATOR
NamYo intern's supervisor (print or type)
S e.
BUSINESS IMPROVEMENT ASSOCIATION
Name of organization
3/13/19992
Date
C S-fs