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HomeMy WebLinkAboutBlakesley, William E.; 1986-11-05;EMPLOYMENT AGREEMENT BETWEEN WILLIAM E. BLAKESLEY AND COSTA REAL MUNICIPAL WATER DISTRICT This agreement is made and entered into into between WILLIAM E. BLAKESLEY (hereinafter referred to as "Blakesley") and COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter referred to as "District"), in view of the following facts: A. Blakesley is presently the District Engineer of District, which is a municipal water district, purchasing, storing, treating, and delivering water in the City of Carlsbad and surrounding areas of the County of San Diego. He has been employed by District since 1985 and has served as District Engineer for some ten months. As a result of his long public service, he has acquired skill and experience that is of substantial benefit to District. b. In recent years, District has grown in complexity of operation, requiring an experienced and skilled district engineer. The district now has some 40,000 residents. It operates dams, water treatment stations, numerous reservoirs and many miles of pipelines. It is anticipated that numerous critical issues will be confronted by District during the next few years, including, among others, major changes in water treatment processes to meet new Environmental Protection Agency standards, installation of supervisory control equipment, modeling of the water system to facilitate system control and to prepare for further major system expansions, and updating of policies and procedures of District. It is critical to the continued efficient and effective operations of District that its management personnel be retained. C. District desires to assure itself of the continued services of Blakesley, and the parties desire by this agreement to fix the duties and compensation for his continued employment. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Employment District hereby employs Blakesley, who accepts such employment, to serve as its District Engineer. 2. Compensation a. Annual Salary. Effective October 1, 1986, Blakesley shall be paid a salary of $50,000 annually, payable in biweekly installments. Blakesley's salary shall not be reduced or increased during the term of this agreement. b. Fringe Benefits. Except as provided below, Blakesley shall receive fringe benefits, as established from time to time by District for other employees of District. These shall include participation in the Public Employees Retirement System; health, accident, life, dental, and disability insurance benefits; educational reimbursement consistent with the Administrative Code policy then in effect, as approved by the Board; vacation, holiday, and sick leave time. Blakesley shall be entitled to such benefits based on his period of continuous service to the District. c. Automobile Allowance. Blakesley shall receive an automobile allowance of $200 per month. - 2 - d. Expense Allowance and Reimbursement. Blakesley shallbe reimbursed for all sums (other than automobile expenses) necessarily incurred or paid by him in the performance of his duties or incurred while traveling on business pertaining to the Costa Real Municipal Water District under direction of the Board of Directors of Costa Real Municipal Water District. Reimbursement shall only be made, however, when a verified, itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the Board of Directors of Costa Real Municipal Water District and duly approved. e. Membership and Participation. District agrees to maintain membership in and pay for dues and subscriptions necessary for Blakesley to fully participate in national, regional, state, and local organizations and associations necessary and desirable for Blakesley's professional growth and beneficial to the District. f. Vacation. Commencing immediately, Blakesley shall be entitled to up to a maximum of four weeks of vacation per year, accruing and to be scheduled otherwise as provided in the Administrative Code of the District; except that the first week during the first year of this Agreement shall be deemed accrued immediately. 3. Duties Blakesley shall perform the duties of District Engineer, as established or authorized from time to time by law or by the - 3 - Board of Directors of District and in accordance with the Administrative Code. He shall be the senior engineer of District, responsible to the General Manager and the Board of Directors. 4. Term This agreement shall continue in full force and effect until October 1, 1989, or until Blakesley's employment is terminated as provided in section 5 hereof, whichever occurs first. The term of agreement shall thereafter be extended for successive two-year periods, unless either party gives notice of intent not to renew within ninety days of scheduled expiration of the agreement. Blakesley agrees to remain in employment of District until at least October 1, 1989. During this period, Blakesley agrees not to retire or to voluntarily terminate his employment, except as provided in section 5 hereof. 5. Termination a. By Notice by District. (i) District may terminate Blakesley's employment, and therefore this agreement, without cause, at any time, but in such event, District shall pay to Blakesley, upon such termination, an amount equal to 90 days of his then annual salary. (ii) Notwithstanding any other provision of this agreement, District shall have the right to terminate Blakesley's employment and thereby terminate this agreement for cause, which shall mean (a) any willful breach of duty by Blakesley in the - 4 - course of his employment or (b) the commission of any act (such as bribery, perjury, embezzlement, fraud, or other malfeasance) which would disqualify him to be an officer of District. In the event the employment of Blakesley is terminated by District pursuant to this paragraph, he shall be entitled to no salary or fringe benefits, other than as provided by law, beyond the date of his termination. If it is judicially determined that such discharge was wrongful or not justified on the part of District, Blakesley shall be deemed to have been terminated pursuant to paragraph 5(a)(i) of this agreement, effective on the date of his termination. b. By Death or Disability. The employment of Blakesley and this agreement shall automatically terminate upon the death of Blakesley or upon the termination of his employment because of the disability of Blakesley. As used herein, "disability" shall have the same meaning and shall be determined in the same manner as provided in the California Public Employees Retirement Law. Neither Blakesley nor his heirs, administrators, or assigns shall have any right under this agreement to salary or fringe benefits after such death or disability, except as otherwise provided by law. c. By Notice By Blakesley. In the event Blakesley desires to terminate his employment, he shall give the District sixty days' notice of his resignation. - 5 - 6. Miscellaneous a. Attorneys Fees. Should either party commence any legal action or proceeding against the other based upon this agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees. b. Existing Benefits. This agreement is not intended to reduce or take away any benefits which Blakesley may have by reason of his prior employment by District. It is intended to provide a degree of executive stability and independence so that the duties of the office of District Engineer can be competently and faithfully exercised. c. Hours of Work. Blakesley shall not be required to work any set number of hours or work-week but it shall be generally expected that he shall work a 5-day week; however, Blakesley shallnot spend more than ten hours in any week in teaching, counseling, or non-District business during regular office hours of the District, except as approved or ratified by the Board. This provision shall not affect Blakesley's use of vacation, sick leave, disability leave, or holidays, as may be authorized in the Administrative Code for all employees. d. Notices. Notices under this agreement shall be effective upon personal delivery, or upon deposit in the United States Mail to: President Costa Real Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 - 6 - William E. Blakesley 360 Hanalei Drive Vista, CA 92083 IN WITNESS WHEREOF, the parties have executed this agreement as of the ^o day of ^hfisem^-c-/ , 1986. . WILLIAM E. BLAKESLjpr~ COSTA REAL MUNICIPAL WATER DISTRICT V ^ By: {GMCRMW.WB} - 7 -