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HomeMy WebLinkAboutMeadows, William; 1980-03-01;AGREEMENT THIS AGREEMENT made this 1st day of March, 1980, by and be- tween COSTA REAL MUNICIPAL WATER DISTRICT, organized and operating under the Municipal District Law of 1911, as amended, of the State of California, hereinafter for convenience referred to as "DISTRICT", and WILLIAM MEADOWS, hereinafter for convenience referred to as "MEADOWS". WITNESSETH WHEREAS, DISTRICT desires to engage the services of MEADOWS as the General Manager of the DISTRICT: and WHEREAS, MEADOWS is willing to act as General Manager of DISTRICT under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EMPLOYMENT DISTRICT hereby engages services of MEADOWS as General Manager of DISTRICT, and MEADOWS hereby agrees to perform services of General Manager of DISTRICT under the terms and conditions hereinafter set forth. -1- 2. APPLICABILITY OF RESOLUTION NO. 274 The parties hereto agree to comply with Resolution No. 274 of the DISTRICT, which is en- titled "A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING OFFICE OF GENERAL MANAGER AND DEFINING THE DUTIES AND POWERS OF THE GENERAL MANAGER", as duly adopted by the Board of Directors of the DISTRICT on February 2, 1972, a copy of said Resolution attached hereto as Exhibit "A" and incorporated by refer- ence. 3. IDENTIFICATION OF BENEFITS To establish various bene- fits of MEADOWS with the DISTRICT, other than salary, DISTRICT agrees to furnish to MEADOWS the benefits set forth on Exhibit "Bl' attached hereto and incorporated by reference. 4. NOTICES Any notices to be given under this agreement shall be sufficient, if in writing and sent by certified mail, return receipt requested, postage prepaid, to the residence of MEADOWS, in case of MEADOWS, or the principal office of DISTRICT, in the case of DISTRICT. 5. WAIVER OF BREACH The waiver of the DISTRICT of a breach of any provision of this agreement by MEADOWS shall not operate or be construed as a waiver of any subsequent breach by MEADOWS. 6. ENTIRE AGREEMENT This agreement contains the entire agreement of the parties. Any changes or amendments to this agreement shall be in writing, signed by both parties. IN WITNESS WHEREOF, the parties have executed this agreement -2- ./ as of the day and year first above written. DISTRICT COSTA REAL MUNICIPAL WATER DISTRICT President u SQ/cretary -3- MEADOWS WILLIAM MEADOWS RESOLUTION NO. 274 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING OFFICE OF GENERAL MAN- AGER AND DEFINING THE DUTIES AND POWERS OF THE GENERAL MANAGER THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Establishment. The office of general manager of CARLSBAD MUNICIPAL WATER DISTRICT is hereby created and established. Section 2. Appointment. The general manager shall be appointed by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT wholly on the basis of his ex- ecutive and administrative qualifications and ability. Section 3. Compensation and Expense Allowance. The general manager shall receive such compensation and expense allowance as the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT shall from time to time deter- mine and fix by appropriate action at a duly convened meeting of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT. Such compensation and expense allowance shall be a proper charge against such funds of the Dis-, trict as the Board of Directors shall designate. Section 4. Reimbursement of Expenses. The general manager shall be reimbursed for all sums neces- sarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to the CARLSBAD MUNICIPAL WATER DISTRICT under direction of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums -- . EXHIBIT "A" .. expended for which reimbursement is requested, has been. presented to the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT and duly approved and allowed by said Board of Directors. Section 5. Powers and Duties. The general manager shall have full charge and control over construc- tion of the works of the District and of their mainten- ance and operation. Directors in accordance with such rules and regulations as the Board may adopt and perform such further duties as are imposed upon him by the Board. The general man- ager shall be the administrative head of the government of the District under the direction and control of the Board of Directors except as otherwise provided in this Resolution. He shall be responsible for the efficient administration of all the affairs of the District which are under his control. In addition to his general powers as administrative head and not as limitations thereon, it shall be his duty and he shall have all of the powers set forth in the following sub-sections: He shall report to the Board of (a) Enforcement. It shall be the duty of the general manager to enforce all ordinances and resolutions of the District and to see that all contracts, permits, and privileges granted by the District are fully ob- served. (b) Authority Over Employees. It shall be the duty of the general manager, and he shall have authority, to control, order, and give directions to all employees and departments of the District under his jurisdiction. (c) Examination, Appointment, Promotion --- and Removal of Employees. It shall be the duty of the gen- eral manager to, and he shall, subject to rules made by -2- the Board of Directors for examination, appointment, pro- motion., and removal of employees of the District,'to % examine applicants for employment and appoint, promote and remove employees of the District. laborers shall be governed by priority of application so The selection of far as is practicable. (d) Classification of Officers and Departments and Places of Employment. It shall be the duty and re- sponsibility of the general manager to recommend to the Board of Directors classifications of places of employ- ment. He shall further recommend to the Board examina- tions for employment which shall be practical, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the positions which they seek, and shall include, when appropriate, tests of manual or profes- sional skills, but which shall not include questions relating to political or religious opinions or af f ili- ations. He shall further recommend to the Board such further duties of officers of the District which may be imposed upon them by the Board in addition to those duties as provided by statute. (e) Ordinances and Resolutions. It shall be the duty of the general manager and he shall recommend to the Board of Directors for adoption such ordinances and resolutions as he deems necessary or expedient. (f) Attendance at Board of Directors' Meetings. It shall be the duty of the general manager to attend all meetings of the Board of Directors unless excused there- from, except when his removal is under consideration. (9) Financial Reports. It shall be the duty of the general manager to keep the Board of Directors at all times fully advised as to the financial conditions -3- and, needs of the District. (11) Budget. It shall be the duty of the gem- era1 manager to prepare and submit the proposed annual budget. He and service shall submit the required of all proposed employe e s hours of labor of the District and their compensation to the Board. (i) Purchasing. It shall be the duty of the general manager, and he shall be responsible for the . purchase Of all suppl ie s and and all of its departments. advertising for No expenditures the District shall be mitted or recommended to the Board of Directors except upon the report and approval of the General manager. sub- Cj) Investigations. It shall be the duty of general manager to make investigations into the af- fairs of the District, into any department thereof, and any contract for the proposed performance of any obliga- tion of the District. (k) Public Utility or Public Utility Works. It shall be the duty of the general manager to exercise general supervision over all public utilities or public utility works of the District which are under the con- trol or jurisdiction of the Board of Directors. (1) Additional Duties. It shall be the duty of the general manager to perform such other duties and exercise such other powers provided by law as may be . delegated to him from time to time by ordl 1 nance or reso- lution or other action of the Board of Directors. (m) Director-General Manager Relations. The Board of Directors and its members shall deal with the construction, maintenance and operation of the District only through the general manager, except for the purpose of inquiry; and neither the Board of Directors, nor any member thereof, shall give orders to any employees -4- of the District. The general manager shall take his I .orders and instructions from the Board of Directors ohly when sitting in a duly held meeting of the Board of Di- rectors and no individual director shall give any orders or instructions to the general manager. (n) Officers and Departments. It shall be the duty of the officers of the District, including the Clerk, Accountant, and Treasurer, to assist the general manager in administering the affairs of the District efficiently, economically, and harmoniously as far as may be consistent with their duties as prescribed by law and ordinances of the District. (0) Attendance at Committee Meetings. The general manager may attend any and all committee meet- ings of the Board of Directors upon his own volition or upon direction of the Board. ings which the general manager attends, he shall be heard by such committees as to all matters upon which he wishes to address the members thereof, and he shall cooperate to the fullest extent with the members of any committees appointed by the Board of Directors. At such committee meet- Section 6. Removal From Office. The general manager may be removed from office at any time by the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT at its sole discretion; provided, however, that the gen- eral manager shall be given at least thirty (30) days' written notice prior to the effective date of such re- moval. During such thirty (30) day notice period, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT may, in its sole discretion, suspend the general manager from duty and appoint someone to perform his duties. Section 7. Limitation on Removal From Office. Notwithstanding the provisions of this ordinance herein- -5- ab0v.e enumerated, the general manager shall not be.re- . moved' from office during or within a period of ninety. (90) days after any General District Election held in CARLSBAD MUNICIPAL WATER DISTRICT, at which election a member of the Board of Directors is elected. The purpose of this provision is to allow any newly-elected member of the Board of Directors to observe the actions and ability of the general manager in the performance of the powers and duties of his office. After the expiration of said ninety (90) day period, the provisions of Section 6 as to the removal of the general manager shall apply and be effective. ADOPTED, SIGNED AND APPROVED this 2nd day of February , 1972. Pr e s id en t of ,/CAhSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. ATTEST : Secretary of CARLSBAD MUNICIPAL WATER DISTRICT and of the Board of Directors thereof. -6- STATE OF- CALIFORNIA ) County of San Diego ) )ss. I, W. D. CAIIMICHAEL, secretary of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said District, at a regular meeting of said Board held on the 2nd day of February, 1972, and that it was adopted by the following vote: AYES: Carmichael, Engelman, MacLeod, Maerkle and Kelly. NOES: None ABSENT: None Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof. -7- BENEFITS FOR MR. MEADOWS 1. 2. 3. 4. 5. 6. Health Insurance District will pay the health insurance premium for Mr. Meadows and his dependents. Life Insurance District will pay the premium for a $25,000.00 face value life insurance policy for Mr. Meadows. Disabilitv Insurance No recommendation is made until further information can be secured. Sick Leave The program for Mr. Meadows shall be the same as all other employees of the District. Vacation Mr. Meadows will be entitled to 15 working days per year (3 weeks). However, Mr. Meadows will not be entitled to take any vacation until the completion of one year's em- ployment. He will accrue vacation at the rate of 1.25 days per month. Any vacation in excess of 5 consecutive days shall be approved by the Board of Directors prior to commencement of the vacation. Automobile Automobile allowance of $250.00 a month for automobile to be furnished by General Manager, who is responsible for own maintenance, repairs and personal insurance. (Note: District business shall be covered by non-owned vehicle endorsement to District policy.) Mr. Meadows shall be entitled to secure a maximum of 130 gallons of gasoline from the District gasoline sup- PlY * In the event of automobile travel outside of San Diego County on District business, Mr. Meadows shall be en- titled to secure necessary gasoline from the District gasoline supply. -1- EXHIBIT "B" 7. Expenses The existing Resolution No. 274 of the Board of Di- rectors provides the procedure for reimbursement of necessary expenses on District business. 8. Education District will pay for or reimburse the General Mana- ger for any costs connected with job related courses which are approved by the Board of Directors prior to the commencement of the course. 9. Membership and Participation District will maintain membership in: Association of California Water Agencies American Water Works Association California Water Pollution Control Association Others as approved by the Board of Directors. Membership will allow Mr. Meadows to participate in the activities of the organization: however, any conferences or travel connected with such organiza- tion shall be approved by the Board of Directors on an individual basis and prior to the commencement of the conference or travel. Note: District is now a member of the Association of California Water Agencies and American Water Works Association, and has normally maintained membership in such organizations. 10. Annual Physical Examination Mr. Meadows shall secure a complete annual physical examination by physician(s) mutually agreed to by Mr. Meadows and the Board of Directors. Such examination shall be at the expense of the Dis- trict and District shall receive a written evaluation report. 11. Salary Review Salary review for Mr. Meadows shall be at the normal time that salaries are reviewed by the Board of Di- rectors as part of the budget procedure. -2- 12. Moving Expenses Any actual moving expenses incurred by Mr. Meadows in reestablishing his residence in this area shall be reimbursed by the District. 4/2/8 0 -3-