EXHIBIT 4-A
REVISED
AMENDMENT NUMBER TWO
AGREEMENT FOR EMPLOYMENT
OF GENERAL MANAGER
This Agreement is made and entered into this ___ day of December, 2006, by and between the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (the “DISTRICT”) and DAVID A. BERGER (“BERGER”). This Agreement (“Amendment Number Two”) 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 Revised Amendment Number Two, the Agreement for Employment of General Manager made and entered into on June 21, 2004, as amended by Amendment Number One effective June 30, 2006 (attached hereto as an Exhibit) shall be made an integral part of this Amendment Number Two, and shall be incorporated herein by this reference as if it was set forth in full.
II. TERM OF AMENDMENT NUMBER TWO. The term of this Agreement shall expire 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, the Board of Directors has determined that BERGER’s 12-month performance evaluation for the period ending June 30, 2006 met or exceeded established objectives and expectations; based thereon, and the Board of Directors determines that BERGER shall a one-time compensation adjustment, in lieu of increased salary, in the amount of five thousand ($5,000) dollars.
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 or one-time compensation adjustment, or combination of both, in an 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).
III. 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 DISTICT.
IV. 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.
V. MISCELLANEOUS
PROVISIONS.
A. The text herein, together with Exhibit A, shall constitute the entire Revised Amendment Number Two.
B. This Revised Amendment Number Two 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 Revised Amendment
Number Two or the original Agreement for Employment, as amended, shall be given
to
IN WITNESS WHEREOF, DAVID A. BERGER has signed and executed this
Revised Amendment Number Two, in duplicate, on the day and year first written above.
GENERAL MANAGER
DAVID A. BERGER
IN WITNESS WHEREOF, the DISTRICT has caused this Revised Amendment Number Two to be signed and executed in its behalf by its Chairman who has signed and executed this Revised Amendment Number Two, both in duplicate, on the day and year first written above.
MANAGEMENT DISTRICT
By:
David Pendergrass, Chairman
U:\staff\word\committees\Admin\2007\20070118\04\item4_exh4a.doc
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.
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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.