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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 ������iniil�iIIIIIIIIP1° 9�IB City Of san i"IS OBISPO 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: i 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. Ii There are adequate funds in the BIA budget for the staff salaries which total $60,000 for the coming year. ALTERNATIVES: i 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. I 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 C-/3-3 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 c-�3=s benefits consistent with other positions in the City and as determined by the Personnel Director. i 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 C-/3�7 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. C-/3-8 15. Outside Employment Conduct and Behavior. n 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