EXHIBIT 2-A
AGREEMENT FOR EMPLOYMENT
OF GENERAL MANAGER
This Agreement is made and entered into this 18th day of May 2010, by and between the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (the “DISTRICT”) and DARBY W. FUERST (“FUERST”). This Agreement (the “Agreement”) shall have an effective date of January 1, 2010. In consideration of the mutual covenants contained herein, the parties agree as follows:
I. EMPLOYMENT.
A. Continuation of Employment as General
Manager.
The Board of Directors of the DISTRICT hereby approves continuation of employment of DARBY W. FUERST as General Manager of the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT to perform the functions and duties set forth in Exhibit A (as amended from time to time), and to perform such other duties and functions reasonable and customary to the General Manager position as the Board of Directors shall from time to time assign. FUERST is an at-will employee and shall serve at the pleasure of the Board of Directors.
B. Term of Agreement.
1. The term of this Agreement shall commence on January 1, 2010 and expire on December 31, 2011. The parties agree that no later than November 1, 2011, the parties shall meet to discuss renewal of this Agreement or execution of alternate terms of employment.
2. Nothing in this Agreement shall prevent or otherwise interfere with the right of the DISTRICT to terminate this Agreement without cause at any time, or the right of FUERST to resign at any time from his position, as set forth below in Section I C 1.
C. Termination of Employment.
1. The Board of Directors may terminate this Agreement during its term without cause, by providing FUERST thirty (30) days written notice. Full salary and benefits due FUERST under this Agreement will continue to be provided to him during this notice period, if exercised. Such advance notice, or salary and benefits shall not be required in the event FUERST: (1) is terminated after being convicted of a felony or a misdemeanor involving fraud, embezzlement, misappropriation of funds, or theft, (2) voluntarily resigns, or (3) is permanently incapable for medical reasons of performing the duties of the General Manager.
2. FUERST may terminate this Agreement by giving the DISTRICT thirty (30) days’ written notice in advance of termination, at the end of which period this Agreement will terminate, unless the DISTRICT and FUERST otherwise agree.
3. Notice pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
a. DISTRICT: Board of Directors
Monterey Peninsula Water Management District
b. FUERST: DARBY W. FUERST
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.
II. POWERS,
DUTIES AND RESPONSIBILITIES.
A. Employment Duties.
FUERST shall function as the General Manager of the DISTRICT and shall be vested with the powers, duties and responsibilities set forth in the position of General Manager which are indicated either in Exhibit A or the adopted job description, the terms of which are incorporated herein by reference. The Board of Directors may modify the employment duties of the General Manager from time to time by exercise of its sole discretion. In addition, FUERST shall perform such other duties as may be assigned by the Board of Directors, and which are consistent, reasonable and customary with the position of General Manager, without additional compensation. The position of General Manager is an at-will position, and the incumbent shall serve as such at the pleasure of the Board of Directors.
B. Hours
of Work.
FUERST is expected to devote necessary time outside normal office hours to business of the DISTRICT. FUERST shall maintain regular office hours at the offices of the DISTRICT during customary business hours, except when absent in the proper performance of his duties and responsibilities as General Manager.
C. Outside Professional Activities.
FUERST agrees to devote his full productive time, ability, efforts and attention to the DISTRICT’S business during the term of this Agreement. FUERST may undertake limited outside activities, such as (a) serving as an officer of a professional organization, or (b) other related activities, only upon advance written request and in accord with the prior written authorization of the Board of Directors, and only provided those activities do not in any way interfere with or adversely affect his employment as General Manager or the performance of his duties as provided herein.
III. COMPENSATION
OF FUERST.
A. Salary.
During the first year of the term of his employment as General Manager and ending December 31, 2010, FUERST shall receive a salary at the rate of One Hundred Fifty Two Thousand Dollars ($152,000) per year. During the second year of the term of his employment as General Manager and ending December 31, 2011, FUERST shall receive a salary at the rate of One Hundred Fifty Six Thousand and Five Hundred Dollars ($156,500) per year.
B. Vacation,
FUERST shall accrue vacation, sick leave and holiday leave at the same level, and subject to the same use provisions, as apply to senior management employees pursuant to the District Personnel Manual.
C. Management Benefits.
FUERST shall receive all benefits provided to senior management employees of the DISTRICT pursuant to the Personnel Manual, and shall further receive a monthly automobile allowance of Four Hundred Dollars ($400) per month, and additional reimbursement for mileage for travel outside of DISTRICT boundaries as provided in the Personnel Manual.
Upon authorization of the Board, and in lieu of the monthly automobile allowance and additional mileage reimbursement set forth above, the DISTRICT may elect, in its sole discretion, to provide FUERST with exclusive use of a DISTRICT vehicle for use during business and non-business periods, and for which DISTRICT will bear all costs to operate and maintain.
FUERST shall receive management leave at the same level, and subject to
the same use provisions, as apply to senior management employees of the
DISTRICT pursuant to the District Personnel Manual.
D. Associations,
Subscriptions and Licenses.
The DISTRICT shall budget and pay the actual and necessary dues of FUERST relating to participation in the Association of California Water Agencies (ACWA), or such other professional organizations and subscriptions as approved by the Board of Directors.
E. Health, Dental, Vision, Life and
Disability Insurance.
FUERST shall receive all health, vision, life insurance, short-term disability and long-term disability insurance benefits at the same level, and subject to the same use provisions, as apply to senior management employees of the DISTRICT, including dependent coverage as appropriate, pursuant to the Personnel Manual.
DISTRICT shall budget and pay the actual and reasonable non-reimbursable medical costs for one (1) full physical exam for FUERST during each calendar year. FUERST shall provide the results of this exam to the DISTICT.
F. Bonding.
The DISTRICT shall bear the full cost of any fidelity or other bond required of FUERST by reason of his employment as General Manager.
H. Deferred
Compensation.
The DISTRICT shall budget and pay into a deferred compensation program the sum that matches FUERST’s actual contribution to that deferred compensation plan, not to exceed four (4%) percent of FUERST’s annual salary.
IV. PERFORMANCE
EVALUATION.
The Board of Directors shall review and evaluate the performance of FUERST in writing at least once before the end of his term of employment. Thereafter, FUERST shall be evaluated at least once each year. This performance evaluation will be based on performance objectives and expectations established by the Board of Directors, in consultation with FUERST.
V. MISCELLANEOUS
PROVISIONS.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of FUERST.
C. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
D. In the event either party to this Agreement brings a judicial proceeding to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and related expenses and costs, including but not limited to court costs, expert witness fees and expenses, and accountant fees and expenses. Recovery of these fees and costs shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.
E.
The laws of the State of
F. This Agreement is the product of negotiation and preparation among the parties. Both sides and their counsel have had the opportunity to revise this Agreement. The parties waive the provisions of Section 1654 of the Civil Code of California and any other rule of construction to the effect that ambiguities are to be resolved against the drafting party, and the parties warrant and agree that the language of this Agreement shall neither be construed against nor in favor of any party.
IN WITNESS WHEREOF, DARBY W. FUERST has signed and executed this
Agreement, in duplicate, on the day and year first written above.
GENERAL MANAGER
DARBY W. FUERST
IN WITNESS WHEREOF, the DISTRICT has caused this Agreement to be signed and
executed in its behalf by its Chairman who has signed and executed this Agreement, both in duplicate, on the day and year first written above.
MANAGEMENT DISTRICT
By:
Exhibit A
Functions and Duties of the
Monterey Peninsula Water Management District
General Manager
This Exhibit A presents a descriptive list of the range of duties performed by General Manager; it is not intended to reflect all duties performed within the job.
The Board of Directors may modify the functions and duties of the General Manager from time to time by exercise of its sole discretion. In addition, the General Manager shall perform such other duties as may be assigned by the Board of Directors.
DEFINITION
The General Manager is to plan, direct, manage and oversee the activities and operations of the Monterey Peninsula Water Management District, including administrative services, planning and engineering, water resources and water demand divisions; to coordinate assigned activities with other agencies and organizations; and to provide highly responsible and complex administrative support to the Board of Directors.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the Board of Directors.
Exercises direct supervision over management, supervisory, professional, technical and clerical staff.
Provides liaison to District General Counsel.
ESSENTIAL FUNCTIONS
Essential responsibilities and duties of the General Manger may include, but are not limited, to the following:
1. Assume full management responsibility for all District services and activities including water management, planning, environmental mitigation, conservation and restoration programs; recommend and administer policies and procedures.
2. Manage the development and implementation of District goals, objectives, policies, and priorities for each assigned service area.
3. Establish, within District policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly.
4. Plan, direct and coordinate, through subordinate level managers, the District's work plan; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; meet with management staff to identify and resolve problems.
5. Assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct and implement changes.
6. Maintain the District's water resources simulation model (CVSIM); calibrate and document the model and application.
7. Prepare agenda and presentations for Board meetings; meet with the Chairman and Vice Chairman; run Board meetings.
8. Review bid packets, scope of work agreements and requests for proposals; execute agreements and contracts.
9. Develop the District's long-range water supply strategy/plan.
10. Select, train, motivate and evaluate District personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
11. Oversee and participate in development and administration of the District budget; approve the forecast of funds needed for staffing, equipment, materials, and supplies; approve expenditures and implement budgetary adjustments as appropriate and necessary.
12. Explain, justify and defend District programs, policies, and activities; negotiate and resolve sensitive and controversial issues.
13. Represent the Monterey Peninsula Water Management District to elected officials and outside agencies; coordinate District activities with other local government organizations.
14. Provide staff assistance to Board of Directors; serve as Secretary of the Board; participate on a variety of commissions and committees; prepare and present staff reports and other necessary correspondence.
15. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of water resources management.
16. Respond to and resolve difficult and sensitive citizen inquiries and complaints.
17. Perform related duties and responsibilities as required.
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