HomeMy WebLinkAbout06/01/1993, C-13 - BIA ADMINISTRATOR CONTRACT IIIII^Iyllll�lllllllll II C� o San LUIS OBISPO MEETING-ATE:
COUNCIL AGEN®A REPORT ITEM NUMHER:93
FROM: John Dunn, City Administrative Officer
PREPARED BY: Ann Slate, Personnel Director ;
SUBJECT: BIA Administrator Contract
CAO RECOMMENDATION: Adopt a resolution approving the contract of employment
between the City of San Luis Obispo and the BIA
Administrator for the period of July 1, 1993 through July
1, 1994.
DISCUSSION:
Annually, the Business Improvement Association (BIA) requests the City Council approve the
renewal of the employment contract for the BIA Administrator. Lynn Block, the BIA
Administrator, was hired in June of 1992,and has successfully performed the duties assigned her
prompting the BIA Board to renew her contract annually since her initial date of hire.
This year the contract renewal is similar to the Board's past requests except that the Board has
agreed to allow Ms. Block to voluntarily reduce her time from 40 hours per week to 36 hours,
a 10% decrease. Her salary will be reduced from 36,000 to $30,000, a 17% decrease.
The reduction in the Administrator's work week will be mitigated by a reorganization of the BIA
staff. At the May 11, 1993 BIA Board of Directors meeting, the Board approved several
changes in the BIA staff assignments as recommended to the Board by the BIA Budget
Committee. These changes in staffing were recommended in order to provide better service to
the BIA members and to reduce administrative overhead. The Administrative staff has been
successfully handling the management of the Association and the BIA supports the following
changes:
1. The Administrator would assume a greater responsibility for the Thursday Night
Activities and devote a minimum of ten (10) hours per week to the event.
2. The part-time clerical position would increase to 40 hours per week and assist with the
additional requirements of the Thursday Night Activities devoting a minimum of ten (10)
hours per week to the event. In addition, the clerical duties currently handled by the
Administrator would be assumed by this position.
3. The Thursday Night Coordinator, currently at forty (40) hours would be reduced to
twenty (20) hours per week.
This arrangement reduces the total BIA salary expenditure for the fiscal year and places staffing
priorities on the demand areas of the Association. It also provides greater flexiblity as the staff
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COUNCIL AGENDA REPORT Page 2
will be cross trained in the various Association responsiblities.
In addition, the BIA is eliminating the monthly parking pass for the Administrator as a cost
savings measure. This pass is purchased from the City at a cost of $120 per quarter or $480
per year. BIA employees receive no medical, health, dental or other City employee benefits
besides those mandated by law, e.g. Workers' Compensation Insurance and Medicare. With the
current budget situation, the BIA has evaluated all budget items to reduce expenses. i
In summary, the BIA has developed a new organizational staffing scheme that will make better
use of their limited staffing resources and reduce costs at a time when other City operations are
are similarly reducing and rethinking how they provide service to the community.
FISCAL EUPACT:
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The BIA is self-supporting and no longer requires City contributions to maintain its current
operations. Accordingly, the BIA budget will be reduced from $179,718 in 1993 to $129,013
for the 1994/95 fiscal year. The BIA has budgeted for the proposed staff level which represents
a net savings in salary costs of almost $4,000. The BIA revenue is projected to remain flat for
the coming year and the Association has adjusted the staff arrangements to reflect this revenue
level.
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There are adequate funds in the BIA budget for the staff salaries which total $60,000 for the
coming year.
ALTERNATIVES:
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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 City staff which has been significantly j
reduced due to recent budget cuts.
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2. The City Council could approve the contract of employment as recommended by the
Board of Directors for the coming year. This would assure that the BIA is able to have
as is to meet the goals and objectives as established by the Board for the coming year.
RECOMMENDATION:
Adopt resolution approving the contract of employment.
ATTACHMENTS:
Resolution approving contract of employment
Contract of employment for Administrator
!� RESOLUTION NO. (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE CONTRACT OF EMPLOYMENT BETWEEN
LYNN BLOCK, BIA ADMINISTRATOR, FOR THE PERIOD
JULY 19 1993 AND JULY 1, 1994
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 of July 1, 1993 through July 1, 1994 attached
hereto as Exhibit "A" and by 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 , 1993.
MAYOR
ATTEST:
CITY CLERK
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RESOLUTION NO. (1993 Series)
APPROVED:
City A ministrative bfficer
tY o Y
C�13��
CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 15th day of June, 1993, 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.
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Employee shall accrue 7.2 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 36 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 36 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 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 $2,500 per month ($30,000 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 1, 1993 through July 1,
1994, 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
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
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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. Covenan . 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. Con,yright. 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.
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15. Outside Employment Conduct and Behavior.
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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 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 Peg Pinard
ATTEST:
EMPLOYEE:
City Clerk Diane R. Gladwell Lynn Bloc
CONCUR:
rn
Finance Director
IAA
Personnel Director