Loading...
HomeMy WebLinkAbout05/01/1990, C-6 - BIA ADMINISTRATOR CONTRACT �I�NII�G�II�uNIIIIIIIIAIINhI � r Ms`nNG DATE: �gHui�u city or san LaIs ogispo 5-01-90 COUNCIL AGENDA REPORT I NUMBER/1_ FROM: John Dunn, City Administrative Officer SUBJECT: BIA Administrator Contract CAO RECOMMENDATION: Adopt resolution approving the contract of employment between the City of San Luis Obispo and Monte Lukov, BIA Administrator, for the period of May 2, 1990 through May 2, 1991. DISCUSSION: The BIA Board has recommended the execution of a one-year contract between the City of San Luis Obispo and Monte Lukov to perform the functions of BIA Administrator. Mr. Lukov has been selected by the board to fill the vacancy created by the retirement of Dodie Williams who has held the position for over three years. When Mrs. Williams announced her intention to retire in November 1989, the City's Personnel Department .on behalf of the BIA Board launched a statewide recruitment that yielded 55 applications. Twelve of the most qualified applicants were invited to interview in late February. . The top three candidates were interviewed a second time by the BIA Board who instructed the BIA President, Pierre Radamaker and Treasurer, Tom Donat, to offer the position to Mr. Lukov. Mr. Lukov has accepted the position and will commence work on May 2, 1990 after approval of his contract by the City Council. A copy of his resume is attached. The terms of the contract include: 1. A salary of $3,000 per month for services not to exceed (40) hours per week. 2 . A monthly parking permit for the Palm Street Parking Structure. 3 . Forty (40) hours of administrative leave in lieu of overtime pay. 4. Holiday, vacation and sick leave benefits consistent with City policy. FISCAL IMPACT This position has been budgeted for the FY 1989-91 at the former administrator's salary of $3, 000 per month plus approximately 12% of salary to cover limited benefits. MEETING DATE: ���h��bw�iullllllfilP �@III city of san Luis oBispo s COUNCIL AGENDA REPORT Imo"' NUMBER: BIA Administrator Contract Page 2 ALTERNATIVES 1. Do not approve the contract of employment. This would result in the BIA having no administrative support. 2. Approve the contract of employment, enabling the BIA to continue the programs in progress. RECOMMENDATION Adopt resolution approving the contract of employment. ATTACHMENTS Resolution approving contract of employment Contract of employment Resume 1 I RESOLUTION NO. (1990 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 MONTE LUKOV, BIA ADMINISTRATOR, FOR THE PERIOD MAY 2, 1990 THROUGH MAY 2, 1991 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 Monte Lukov as BIA Administrator for the period May 2, 1990 through May 2, 1991, 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 1990. MAYOR ATTEST: CITY CLERK i i i i i i i i i • APPROVED: City A ministrative Officer Personnel Direct /I t tt n Finance Director CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this second day of May, 1990, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and MONTE LUKOV, 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 permanent 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. Scone 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 benefits consistent with other positions in the City and as determined by the Personnel Director. Employee shall accrue 8.00 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 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 1 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 his private automobilefor official business but not including any mileage attributable to normal commuting by Employee to and from his office. Employee will also receive a monthly permit for the Palm Street Parking structure. Employee understands and agrees that his term of employment is governed only by this Contract; that no right of tenure is created hereby, and that he does not hold a position in any department or office of the City. 4. Warranty of Emplovee. Employee warrants that heis 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 $3,000 per month ($36,000 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on May 2, 1990 through May 2, 1991, 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 his 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 2 C-6-s 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 J behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs his 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; 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. 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 3 C -G-6 vi I 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 his personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested. 14. Cogyriaht. 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 Emnlovment. 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 l , 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. 4 c - 6 - � i CITY OF SAN LUIS OBISPO BY: EMPLOYEE /; CONCUR: v� Cif Attor Gy Finance Director ersonnel Director 5 KWIK-KOPY-4: 7 Ti No .619-322-5340 J 31 .90 14 : 21 N0 .006 P .03/06 MONTE W. LUKOV 13150 Warwick Desert Hot Springs, CA 92240 (619) 329-2356 THE FUTURE: A challenging pos4lon, with a firm or organBation that will utllize my years of highly developed management skills, public relations, personnel, sales/marketing and association background In their operational ob)octives. PROFESSIONAL. BACKOROUND: Administration Formulated policy, marketing programs, planned/Implemented legislative advo- and Management racy, hired/trained/supervtsed ataffs/volumeers, set up bookkeeping programs developed/Implemented budgets, operated from single sltes to multiple offices and counties, dealt with people at every level and walk of IN* and day4o-day operations, plus all fours of communications. Sales/ Expenence Includes planning and implementation of marketing programs for retel, Marketing advertising legislature advocacy, membership, career development and placement, Insurance (lite. disability and group Insurance) and Ideas/tund raising. Received awards for sates, group attendance and membership Increases/retention reoogn4lon. Public Dealing at all levels. planning specialist, press conferences, workshops, newsletters/ Relations magazines, fund raising, media promotion (TV, radio, newspaper. and direct man), membership solicitation/retention. Have received special recognition .for joint development of a new concept `Mini-Telethons" for fund raising, and have designed brochures, posters and flyer:. Have made group ,presentations before both large and small groups. Industrial/ Have labor relations experience working with union/non-union businesses (building Human industry, hosp4als, plants, retail), wages/benefit programs, workers' compensa- Relatlons tion, unemployment programs, job training, written job descriptions and personnel policies, grievance proosdures. Have appeared at National Labor Relations Hearing on Unfair Labor Preclfoss, and contract negotiations. Non Profit/ A background of working In management.public relations,fund raising,sales/marketing. Associations volunteer training/support. legislative advocacy, budgeting development/ implementation, personnel, communication, plus my own voluntearfam covering diverse fields from downtown Vnprovemerd distr:ts, business/trade associations, health agencles, labor relations, veterans' groups and service organizations. Comment Have a flair for getting things done. Innovative, creative and willing to put in extra time when needed, plus strong research abilliy and commitment to my professional status. I KWIK-KUPY-487 TEL 0 . 619-322-5340 Jac '1 . 90 14 : 21 No . 006 P.04, 04 Monte W. Lukov Page 2 EMPLOYMENT 1987-89 Main Stneat Palm Springs - Palm Springs. CA Title: Executive Director Business: Downtown Revitalization Program/Assessment District 1984-87 Vlaallans Ino /Downtown Vleallsns - Visalia, CA Title: Executive Director Business: Downtown Improvement District - Business Association 1983-84 Westland College - Fresno, CA Tile: Director Career Development placement Business: Private 2 year college (Business. Technical. Vocational) 1982-83 National Multiple SOW"ls Society -Fresno, CA Title: Execullve Director Business: National Hearth Agency covering 6 counties 1970-82 Self Employed - Fresno/San Francisco Bay Area, CA Title: Agent/Broker Buslness:,Ufa - Disability Insurance 1969.70 California Association of Employers - San Francisco Bay Area, CA Title: Area Manager - Alameda/Contra Costa Counties Business: Industrial Relations, multiple types of businesses 1961.69 Home Builders Association of Central CA - Modesto, CA Title: Executtve Vice President Business: Trade Association - covering 5 counties EDUCATION: 1987 Georgia Institute of Technology Course: Small Business Retention, Expansion, and Recruitment Program 1969-70 University of California at San Fran01a00 - San Francisco, CA Courses: Labor/Management 1953.55 Fresno Stats College - Fresno, CA Ma)or. Liberal AAs (Pre-law), Minor: Speech and Media MISCELLANEOUS American Cancer society - Visalia/Fresno/Bay Area 10 years ACTIVITIES Beautify Modesto Commission - Modesto 2 years Stanislaus County Veterans ComrNsslon • Modesto 5 years Various political campaigns - Partisan and non-Partisan 10 years MEMBERSHIPS C&Zomla Downtown Association - (State Association). Current State Director and 1st Vice President, Legislative Chairman, By­Laws Committee- Convention Host - (twtoe: Visalia/Palm Springs) City/County Chamber of Commerce - Visalia, Fresno and Modesto. Palm Springs, CA - 12 years. Local Government committee. Convention and Visitors Bureau Commlitee, Ambassadors, Retall/Business, Committee Lions International - Dublin CA. Charter member, past club President 1-1/2 years and 100% district and International president's awaid - 14 year member American Legion - Modesto/Dublin/Pawn Springs, CA. Past Post Commander, past District Commander and 7 year member State Public Relations Commission - 31 year member 4018 - Modesto, CA. Past President (k)cal). Past State President, past National Executive Committeeman - 29 year member w neecocue%ca tM ^ nn runtmet and mutual Interest. I _J^