AGREEMENT
FOR EMPLOYMENT
OF GENERAL
MANAGER
This Agreement is made and entered into this
___ day
of June 2016, by and between the MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
(the "DISTRICT") and DAVID JON STOLDT ("STOLDT"). This
Agreement (the "Agreement") shall have an
effective date of July 1, 2016. In consideration of the mutual covenants contained
herein, the parties
agree as follows:
I.
EMPLOYMENT.
A.
Appointment of General
Manager.
The Board of
Directors of the DISTRICT hereby appoints DAVID JON STOLDT 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. STOLDT is an
at-will employee and shall serve at
the pleasure of the Board of Directors.
B.
Term
of Agreement.
1.
The
initial term of this Agreement shall commence on July 1, 2016 and expire on
June 30, 2021. The parties agree that no later than January 31, 2021, 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
STOLDT 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 STOLDT sixty (60) days written notice. Full salary and benefits due STOLDT 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 STOLDT:
(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. No later than 75 days following a notice of
termination without cause by the DISTRICT, the DISTRICT shall pay to STOLDT a severance amount equal to six
(6) months base salary.
2.
STOLDT
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 STOLDT 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:
DISTRICT:
Board of Directors
Monterey
Peninsula Water Management District
PO Box 85 Monterey, CA 93942
STOLDT:
David J. Stoldt
PO Box 223028
Carmel, CA 93922
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.
STOLDT 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, STOLDT 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.
STOLDT
is expected to devote necessary time outside normal office hours to business of
the DISTRICT. STOLDT 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.
STOLDT agrees to
devote his full productive time, ability, efforts and attention to the
DISTRICT'S business during the term of this Agreement. STOLDT 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.
A.
Salary.
As General
Manager, STOLDT shall receive base salary at the rate of Two Hundred Five
Thousand Dollars ($205,000) per year, effective September 1, 2015. This base
salary shall be subject to modification by reason of merit adjustment, in
conjunction with STOLDT's annual Performance Evaluation. Further, any increase
in employee contributions to the CalPERS retirement program, agreed to by the
Districts Management Staff bargaining unit shall automatically apply to STOLDT
and be immediately implemented on July 1 of the effective year with an
equivalent increase in base pay.
STOLDT
shall be eligible for the CalPERS 2% @ 55 retirement program. Effective September 1, 2015, STOLDT's share of CalPERS premium
payments will be 3% of the employer contribution and 3% of the employee contribution.
STOLDT shall accrue vacation, sick leave and holiday leave at
the same level, and subject to the same use provisions, as apply to Tier I
senior management employees pursuant to the Management Staff Bargaining Unit Memorandum
of Understanding (MOU). Upon hire, STOLDT shall receive credit for five (5)
years of service for the purpose of vacation accrual and credit for 15 days of
sick leave credit effective September 1, 2011. At the end of each fiscal year, STOLDT shall
be entitled to have the DISTRICT purchase up to ten (10) days of unused
vacation leave accrued for that year.
STOLDT shall receive all benefits provided to Tier I senior
management employees of the DISTRICT pursuant to the Management Staff MOU, and
shall further receive a monthly automobile allowance of Five Hundred Dollars
($500) 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 STOLDT with exclusive use of a DISTRICT vehicle for use
during business and nonbusiness periods, and for which DISTRICT will bear all
costs to operate and maintain.
STOLDT shall receive management leave at the same level, and
subject to the same use provisions, as apply to Tier I senior management
employees of the DISTRICT pursuant to the Management Staff MOU.
The DISTRICT shall budget and pay the actual and necessary dues of
STOLDT relating to participation in the Association of California Water
Agencies (ACWA), or such other professional organizations. Dues or
subscriptions approved by the Board of Directors in accord with the approved budget.
STOLDT 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. STOLDT may opt out of this plan, and in lieu
receive seventy five percent (75%) of
the
DISTRICT's premium coverage costs under the Management Employees Health Plan.
Payment of AFLAC supplemental insurance premiums may be added if this
reimbursement is less than the 75% cap.
DISTRICT shall also budget for and pay actual and reasonable
non-reimbursable medical costs for one (1) full physical exam for STOLDT each
calendar year. STOLDT shall provide the results of this exam to the DISTRICT.
G.
Bonding.
The DISTRICT shall bear the full cost of any fidelity or other
bond required of STOLDT 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 STOLDT's actual contribution to that -deferred compensation plan, not to exceed four (4%)
percent of STOLDT's annual salary. In the alternative,
STOLDT may waive this benefit, in which case an amount equal to four percent
(4%) of STOLDT's base salary shall be paid to him as additional taxable income.
IV.
PERFORMANCE
EVALUATION.
The Board of Directors shall review and evaluate the performance
of STOLDT in writing 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 STOLDT. The evaluation shall clarify STOLDT's
eligibility for any merit adjustment to base
salary.
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 STOLDT.
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
California shall govern this Agreement.
Venue shall be in the County of Monterey.
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, DAVID STOLDT has signed and executed this
Agreement, in duplicate, on the day and year first written above.
GENERAL MANAGER
By:
___________________
David J. Stoldt
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.
MONTEREY PENINSULAWATER MANAGEMENT DISTRICT
By: __________________________
Jeanne Byrne, Chairman
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.
Prepare agenda and presentations for Board meetings; meet with
the Chairman and Vice Chairman; run
Board meetings.
7.
Review bid packets, scope of work agreements and requests for
proposals; execute agreements and contracts.
8.
Develop the District's long-range water supply strategy/plan.
9.
Select, train,
motivate and evaluate
District personnel; provide or coordinate staff training;
work with employees to correct deficiencies; implement discipline and
termination procedures.
10. 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.
11. Explain,
justify and defend District programs, policies, and activities; negotiate and resolve sensitive and controversial issues.
12. Represent
the Monterey Peninsula Water Management District to elected officials and
outside agencies; coordinate District activities with other local government organizations.
13. 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.
14. Attend
and participate in professional group meetings; stay abreast of new trends and innovations in the field of water resources management.
15. Respond
to and resolve difficult and sensitive citizen inquiries and complaints.
16. Perform
related duties and responsibilities as required.
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