HomeMy WebLinkAbout04/17/1990, C-9 - CONSIDERATION OF A REQUEST TO RELEASE $25,000 IN FUNDING TO LA FIESTA, ONCE THEIR NON-PROFIT STATUS MEETING DATE:
city of san Luis oBispo 4/11/90
90
COUNCIL AGENDA REPORT ITEM NUMB7L
FROM: John Dunn, City Administrative Officer
Prepared By: Deb Hossli, Administrative Analyst
SUBJECT: Consideration of a request to release $25, 000 in
funding to La Fiesta, once their non-profit status is obtained,
for the purpose of hiring an administrator to organize the 1990
celebration
CAO RECOMMENDATION: By motion, acknowledge that. La Fiesta has met
the conditions set by the City Council to receive the $25,000 grant
and authorize the City Administrator to execute an agreement with
La Fiesta to release the funding once their non-profit status has
been obtained.
DISCUSSION
In January of this year, the City Council approved a one time grant
of $25, 000 to La Fiesta. The purpose of the grant was to provide
La Fiesta with sufficient funding to hire an administrator to
coordinate the 1990 celebration. The Council's direction
also allowed La Fiesta to use any monies remaining after the
administrator had been hired to contract with a professional parade
organizer for the La Fiesta parade or for other appropriate 1990
La Fiesta celebration expenses.
Prior to the funding being released the City Council has stipulated
that La Fiesta must submit an expenditure plan for the $25,000 and
an executed contract for the administrator position. The
administrator's contract must also include a provision that
requires the position to complete an organizational and financial
plan for La Fiesta. The plan must focus on making the event
financially self supporting in the shortest timeframe possible and
to be submitted to the City by August 31, 1990.
In accordance with Council direction, La Fiesta has submitted an
expenditure plan for the $25,000 grant (Attachment A) . La Fiesta
intends to use their entire grant to fund the costs of the
administrator position for one year. Initially, it had been La
Fiesta's intention to contract with the administrator position for
a shorter period and use the remaining monies to hire a
professional parade organizer. Because the group feels that the
administrator position is so vital, they're requesting to set aside
the entire grant for this purpose. City staff concurs with this
approach.
La Fiesta has also submitted an executed agreement for the
administrator position (Attachment B) that meets the conditions set
by the City Council. The initial contract for the position is for
six months, from April 1990 to October of 1990, at a cost of
"RWf j city of San Luis OBISPO
COUNCIL AGENDA REPORT
Council Agenda Report
Page Two
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$12,500. The remaining grant monies ($12,500) will be usedhextend
the administrator's contract for a subsequent six month period,
assuming that La Fiesta is satisfied with the position and the
performance of the incumbent.
Staff has reviewed the documentation submitted by La Fiesta and
determined that it meets the intent of the Council's direction.
The only remaining issue relates to La Fiesta's non-profit status.
La Fiesta's non-profit status application is currently under review
by the State and is expected to be approved in the very near
future. Because the City cannot release the grant funding to La
Fiesta until they receive their non-profit status, ' staff is
recommending that an alternative approach be taken to speed the
process. It is recommended that the Council acknowledge that La
Fiesta has met the conditions set by the City Council and therefore
authorize the City Administrator to execute an agreement releasing
the $25, 000 (Attachment C) to La Fiesta once they've obtained their
non-profit status.
It should also be noted that when the Council initially considered
La Fiesta's request for funding support in January of this year,
the group indicated that it would take approximately three years
to reach financial self sufficiency. In order to plan for future
years funding needs, La Fiesta has requested monies through the
1990-91 Promotional Coordinating Committee (PCC) Grants-In-Aid
process. The PCC Grant-In-Aid Subcommittee is currently reviewing
their request for funding and will make recommendations to the
Council in June of this year.
FISCAL IMPACT
During the January meeting, the Council formally approved the
funding arrangements for the $25,000 grant. Monies will be taken
from a combination of sources; available funding in the PCC budget
($8,500) and available fund balance in the General Fund ($16,500) .
ATTACHMENTS:
* "A" Expenditure plan from La Fiesta
* "B" Executed contract with Suzanne Day for administrator
services
* "C" Agreement to release $25,000 to La Fiesta
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ATTACHMENT A
LA FIESTA
The City of San Luis Obispo is providing La Fiesta with a $25, 000
grant to assist in the sponsorship of the 1990 La. Fiesta
Celebration. La Fiesta agrees to expend the $25, 000 in the
following manner:
*To hire an administrator that is responsible for coordinating
the 1990 La Fiesta Celebration and preparing a financial and
organizational plan that sets out a program for becoming
financially self supporting. The financial and organizational
plan requirement must be included as a provision of the
negotiated contract for the administrator and will be due to
the City by August 31, 1990.
La Fiesta
By:
n
C-9-3
> 5d de
San W5 Obi5po'
1`051 Office box 1733 San Luis Obispo, California 93406 o 605-543-1710
1 CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 1 st day of April, 1990, by and between LA
FIESTA de SAN LUIS OBISPO (hereinafter referred to as "La Fiesta"), and SUZANNE M. DAY, a
contract employee (hereinafter referred to as"Employee").
WITNESSES:
WHEREAS, La Fiesta has a need to hire an employee for a special project for which
continued funding or need for the project is too uncertain to create a permanent classification;
And
WHEREAS, Employee is qualified to perform such service for La Fiesta; and
WHEREAS, the services to be contracted for are La Fiesta Executive Director.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. La Fiesta hereby engages Employee and Employee hereby agrees
to perform for La Fiesta 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 La
'Fiesta the following services: Executive Director for La Fiesta de San Luis Obispo; prepare a
financial and organizational plan that sets out a program for La Fiesta to become financially
self-supporting as required in contract for City of San Luis Obispo funding; specific duties and
responsibilities to be established and modified from time to time by the La Fiesta Board of
Directors. Employee shall perform said services under the supervision of the La Fiesta Board of
Directors, being directly responsible to the President of said Board.
Celebrated annualltj on the Third weekend in MaU
Attachment "B"
3. Employment Status. Employee shall be a full-time employee. Employee
understands and agrees that she Is not;and will not, be eligible for membership in any benefits
from any City of San Luis Obispo group plan for hospital, life,dental or medical insurance.
Employee shall accrue 8.00 hours of sick leave per month. Employee shall accrue 8.0 hours of
vacation per month over the term of this,Agreement which shall be taken upon approval by the
Board of Directors. Employee shall receive the following paid holidays during this contract
period: May 28 (Memorial Day); July 4 (Independence Day); and September 3 (Labor Day).
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$0.24 per mile for use of
her private automobile for official business but not including any mileageattributable to normal
commuting by Employee to and from her office.
1
Employee understands and agrees that she Is not entitled to be paid a prevailing
wage, but that the compensation received.herein is a negotiated wage to be paid for the services to
be performed.
Employee understands and agrees that her term of employment is governed only by
this Contract and that no right of tenure is created.hereby.
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.
S. Compensation. La Fiesta shall pay to Employee as compensation in full for all
services performed by Employee pursuant to this Contract, the sum of$2,083.33 per month
($12,500 for six months), said compensation to be paid in accordance with normal La Fiesta
-- procedures. Employee shall be eligible to receive an incentive bonus of up to 5%of her
contracted salary amount at the end of said contract period. This amount is subject to approval
by the Board of Directors. Guidelines of said bonus will be set forth by the Board of Directors.
04-6w
6. Term of Contract. This Contract shall commence on April 1. 1990 through
September 30, 1990, unless terminated earlier as provided herein. The La Fiesta Board of
Directors may terminate the contract without the need for action, approval or ratification by any —'
other.
7. Termination of Contract for Convenience. Either party may terminate this
Contract at any time by giving to the other party thirty (30) 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 La Fiesta in the event that a termination action taken by La Fiesta 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 La Fiesta, 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 La Fiesta or impairs her
ability to perform these contract duties,then La Fiesta shall have the right to terminate this
Contract effective immediately upon La Fiesta'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 La Fiesta, and
any such assignment, transfer,delegation,or sublet without La Fiesta's prior written consent
shall be considered null and void.
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
La Fiesta shall be that venue for any action,or proceeding that may be brought, or arise out of,
inconnection with or by reason of this Contract.
12. Nondiscrimination. There shall be no discrimination against any person
i
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 La Fiesta and shall not be subject to an
application for copyright by or on behalf of Employee,without the prior written approval of La
Fiesta.
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 La Fiesta business only with the express
prior approval of the La Fiesta Board of Directors.
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 inccmNaGGle with the position of La Fiesta Executive Director 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 THEREOF, La Fiesta and Employee have executed this Contract on the
day and year first hereinabove set forth.
LA FIESTA de SAN LUIS OBISPO
By:
Debbie Collins, President
EMPLOYEE: _
CONCUR: Suzanne M. Day
L _
Christy Noble, Vice President `s
Charles Delmartini, Vice President
Kay Jensen, Secretary
Steve Mathis, Treasurer
Vicki Carroll, Out-going President
V-q��
AGREEMENT
THIS AGREEMENT, dated , for the convenience of the parties hereto,
is between the City of San Luis Obispo, a chartered municipal corporation (referred to
herein as CITY) and LA FIESTA.
WHEREAS, CITY desires to sponsor and support activities of a cultural, artistic and
educational nature for the benefit of the CITY's residents and for the promotion of the city
as an inviting place for visitors and tourists; and
WHEREAS, LA FIESTA has demonstrated its ability to provide a program which
contributes to the quality of life in San Luis Obispo; and
WHEREAS, LA FIESTA has requested CITY to contribute to a program to provide the
activity described in "Exhibit A" (attached hereto);and
WHEREAS, said program will be available to CITY residents as described in "Exhibit A",
thereby serving both a public and a municipal purpose;
NOW THEREFORE, CITY and LA FIESTA, in consideration of the mutual benefits,
promises, and agreements set forth herein, do agree as follows:
- 1. LA FIESTA agrees to provide the program as described in "Exhibit N.
2. CITY agrees to provide LA FIESTA with a one time grant, in the sum of Twenty
Five Thousand Dollars ($25,000.00).
3. LA FIESTA agrees prior to receiving the grant, to provide the CITY with an
expenditure plan for the$25,000 grant that allocates sufficient funding to meet the
provisions described in"Exhibit B" (attached hereto) and a negotiated and executed
contract for an administrator position to coordinate the 1990 LA FIESTA celebration.
4. LA FIESTA and all of its agents, representatives, or participants in any manner in
the performance of its obligations and duties hereunder, shall be employees,
independent contractors, or volunteers for LA FIESTA only. They shall not for any
purpose be considered employees, agents, or independent contractors of the
CITY.
5. LA FIESTA agrees to hold CITY harmless, and to defend CITY against, from, and
in any claim, action, proceeding, or hearing, including attorney fees and costs;
wherein there is an allegation charging liability on the part of the CITY as a result
of any act of omission, negligent or otherwise, by LA FIESTA.
ATTACHMENT "C,"
i
AGREEMENT
Page Two
6. For purposes of notice under this agreement, all notices shall be considered
effecwe upon being sent by certified mail to the following addresses:
City Administrative Officer
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Debbi Hossli
La Fiesta
Debbie Collins
c/o Del Monte Cafe
1901 Santa Barbara Street
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper
officers duly authorized:
LA FIESTA
By: �
CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION
By:
APPROVED AS TO FORM:
ey:
toy ey
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EXHIBIT W
LA FIESTA
* Summary: La Fiesta is a week long event held the third weekend of May each year..
The event is sponsored by La Fiesta de San Luis Obispo, a local group of interested
citizens, and offers a wide variety of activities to the general public.
* Purpose of Event: The purpose behind the event is to promote the community's
cultural heritage, encourage tourism, provide local service clubs with fund raising
opportunities, and raise monies for the continued restoration of the Mission.
* Primary Events:
1) Queen Contest and Coronation
2) Zozobra
3) Parade
4) Country Carnival
5) Whiskerino Contest
6) Arts & Crafts Fair
7) EI Presidente Dinner and Ball
8) Entertainment in Mission Plaza
9) Wine & Cultural Celebration
10) Costume Breakfast
DH\exh a
EXHIBIT NP
LA FIESTA —
The City of San Luis Obispo is providing La Fiesta with a $25, 000
grant to assist in the sponsorship of the 1990 La Fiesta
Celebration. La Fiesta agrees to expend the $25,000 in the
following manner:
*To hire an administrator that is responsible for coordinating
the 1990 La Fiesta Celebration and preparing a financial and
organizational plan that sets out . a program for becoming
financially self supporting. The financial and organizational
plan requirement must be included as a provision of the
negotiated contract for the administrator and will be due to
the City by August 31, 1990.