ATTACHMENT 6-A

 

AMENDMENT NUMBER ONE

AGREEMENT FOR EMPLOYMENT

OF GENERAL MANAGER

 

            This Agreement is made and entered into this 23rd day of February, 2006, by and between the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (the “DISTRICT”) and DAVID A. BERGER (“BERGER”).  This Agreement (“Amendment Number One”) shall have an effective date of June 30, 2006.  In consideration of the mutual covenants contained herein, the parties agree as follows:

 

I.          PRIOR AGREEMENT.        Except as may be expressly modified by this Amendment Number One, the Agreement for Employment of General Manager made and entered into on June 21, 2004 (attached hereto as Exhibit X) shall be made an integral part of this Amendment Number One, and shall be incorporated herein by this reference as if it was set forth in full. 

 

II.        TERM OF AMENDMENT NUMBER ONE.        The term of this Agreement shall be approximately two (2) years, commencing on the date July 1, 2006 and expiring on June 30, 2008.  The parties agree that no later than February 28, 2008, the parties shall meet to discuss renewal of this Agreement.  The Board of Directors shall meet to decide on such renewal within 30 days thereafter.

 

III.       COMPENSATION.

            A.        Effective July 1, 2006, assuming the Board of Directors determines that  BERGER’s 12-month performance evaluation for the period ending June 30, 2006 has met or exceeded established objectives and expectations, BERGER shall receive an increased salary in amount to be then determined by the Board of Directors. 

            B.         Effective July 1, 2007, assuming the Board of Directors determines that  BERGER’s 12-month performance evaluation for the period ending June 30, 2007 has met or exceeded established objectives and expectations, BERGER shall receive an increased salary in amount to be then determined by the Board of Directors. 

C.        All references to the Monterey Peninsula Water Management District Personnel Manual set forth in the original Agreement for Employment, including but not limited to provisions addressing vacation, sick leave, holiday leave, travel reimbursement, management leave and management benefits, shall be deemed to be references to the Monterey Peninsula Water Management District Management Staff Bargaining Unit Memorandum of Understanding (MOU).

 

IV.       PHYSICAL EXAM.   DISTRICT shall budget and pay the actual and reasonable non-reimbursable medical costs for one (1) full physical exam for BERGER to be completed during the twelve month period commencing July 1, 2007.  BERGER shall provide the results of this exam to the DISTRICT. 

 

V.        DEFERRED COMPENSATION. During the period commencing July 1, 2006 and ending June 30, 2008, the shall DISTRICT budget and pay into a deferred compensation program the sum that matches BERGER’s actual contribution to that deferred compensation plan, not to exceed two (2%) percent of BERGER’s annual salary. 

 

VI.       MISCELLANEOUS PROVISIONS.

            A.        The text herein, together with Exhibit X, shall constitute the entire Amendment Number One. 

B.         This Amendment Number One shall be binding upon and inure to the benefit of the heirs at law and executors of BERGER.

C.        Any notice to BERGER under this Amendment Number One or the original Agreement for Employment shall be given to P.O. Box 5126, Carmel, CA 93921

 

            IN WITNESS WHEREOF, DAVID A. BERGER has signed and executed this

Amendment Number One, in duplicate, on the day and year first written above.

                                                                        GENERAL MANAGER

 

 

                                                                                                                                               

                                                                        DAVID A. BERGER

 

IN WITNESS WHEREOF, the DISTRICT has caused this Amendment Number One to be signed and executed in its behalf by its Chairwoman who has signed and executed this Amendment Number One, both in duplicate, on the day and year first written above.

 

                                                                        MONTEREY PENINSULA WATER

                                                                        MANAGEMENT DISTRICT

 

 

                                                                        By:                                                                  

                                                                               MICHELLE KNIGHT, Chairwoman

 

 

 

 

 

 

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