HomeMy WebLinkAbout12/03/2002, C6 - EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION PROMOTIONS COORDINATOR council 2;3,02
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CITY OF SAN LUIS O B I S P O
FROM: ANN SLATE,DIRECTOR OF HUMAN RESOURCES Ct'
Prepared By: DEBORAH HOLLEY,DOWNTOWN ASSOCIATION
ADMINISTRATOR
SUBJECT: EMPLOYMENT CONTRACT FOR DOWNTOWN ASSOCIATION
PROMOTIONS COORDINATOR
CAO RECOMMENDATION
Adopt a resolution approving a contract of employment between the City of San Luis Obispo and
the Downtown Association Promotions Coordinator.
DISCUSSION
In January 2003, the current Downtown Association Promotions Coordinator, Christine Bragg,
will resign. An open and competitive recruitment was conducted and finalists were interviewed
on November 13, 2002. After completing the interviews, the Downtown Association Hiring
Committee (a subcommittee selected by the Downtown Association Board of Directors) is
pleased to recommend the appointment of MaryAnn O'Brien to the position of Downtown
Association Coordinator.
Ms. O'Brien was selected from more than 50 applicants, 12 of whom were interviewed by the
Downtown Association Hiring Committee. The Promotions Coordinator is primarily responsible
for overseeing all Downtown Association promotional activities including: Thursday Night
Promotions (Farmers Market), other events and activities as outlined in the Two-Year Work
Program including fundraisers and annual events. The Promotions Coordinator also acts as staff
liaison to the Promotions Committee and Thursday Night Promotions Committee and reports
directly to the Downtown Association Administrator.
CONCURRENCES
The Department of Human Resources has reviewed this request and finds that the contract and
approach are consistent with City policies.
FISCAL IMPACT
The salary for the newly hired Promotions Coordinator is approximately $3,000 less per year
than the current salary. This savings will be applied to the overlap of the two employees; overlap
Employment contracts for Downtown Association Page 2
being essential in training for this position. Funding is available in the Downtown Association
budget.
Attachment:
1. Resolution with Exhibit A (Employment Contract)
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Attachment 1
RESOLUTION NO. (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF
MARYANN O'BRIEN,PROMOTIONS COORDINATOR,
FOR THE PERIOD DECEMBER 3,2002 THROUGH JUNE 30,2003
NOW THEREFORE 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
MARYANN O'BRIEN as Promotions Coordinator for the period of December 3,2002 through
June 30,2003, 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 adopted this 3`d day of December, 2002.
Mayor David F. Romero
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM AND CONTENT:
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CONTRACT OF EMPLOYMENT "Exhibit A"
THIS CONTRACT is entered into this 3rd day of December 2002, by and between the
CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and
MARYANN O'BRIEN, a contract employee(hereinafter referred to as "Employee").
WITNESSETH:
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA)
Promotions Coordinator(PC); and
WHEREAS,Employee is qualified to perform such service for City; and
WHEREAS,the services to be contracted for are DA PC..
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: PC for the DA; specific duties and responsibilities to be established and
modified from time to time by the DA Board. Employee shall perform said services under the
direct supervision of DA Administrator.
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 7% (effective
January 1, 2003 increasing to 8%) of Employee's share to be paid by Employee. Employee shall
receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. 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. The only other paid benefit is medical coverage not
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to exceed $2,400.00 annually. 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$2,875 per month($34,500 per year),
said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on December 3, 2002 through June
30, 2003, 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.
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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
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, 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.
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11. Covenant. This Contract 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 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. Conyrieht. 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 DA PC 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
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provisions herein shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
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:.
MAYOR DAVID F.ROMERO
EMPLOYEE:
MaryAnn O'Brien
ATTEST:
Lee Price,City Clerk
APPROVED AS TO FORM
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