HomeMy WebLinkAbout2013-02-26 - Personnel-Risk Management Committee Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING
Tuesday, February 26, 2013, 4:00 PM
1717 E Miraloma Ave, Placentia CA
1. CALL TO ORDER
2. ROLL CALL
COMMITTEE
Director Ric Collett, Chair
Director Michael J. Beverage
STAFF
Gina Knight, HR and Risk Manager
3. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
4. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
4.1. Status of Compensation Study for the Position of General Manager (Verbal Report)
4.2. Draft Employment Contract for the Position of General Manager (Verbal Report)
4.3. Title Signs for Management Staff Offices (Verbal Report)
4.4. Future Agenda Items and Staff Tasks
5. ADJOURNMENT
5.1. The next Personnel -Risk Management Committee meeting is scheduled to be held
Tuesday, March 12, 2013 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy -two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http: / /www.ylwd.com /.
Accommodations for the Disabled
Any person may make a request for a disability - related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
AGENDA REPORT
Meeting Date: February 26, 2013
ITEM NO. 4.1
Subject: Status of Compensation Study for the Position of General Manager (Verbal
Report)
ATTACHMENTS:
Description: Type:
Backup Material Distributed Less Than 72 Hours Prior to
GM salary survey without total comp .pdf Backup Material
the Meeting
General Manager - Salary Survey
(as of February 1, 2013)
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
ANNUAL COMPENSATION
ANNUAL
TIME OFF
Name of GM/
BASE SALARY
AUTO
COLAY /N?
BONUSES
401K/401A
457
YEARS ON
VACATION
MGMT
OTHER
ANNUAL
RETIREMENT
AGENCY
ALLOWANCE
AMT
(YEARLY/
THE JOB
DAYS
LEAVE
TIME OFF
TOTAL PAID
FORMULA
QUARTERLY ?)
DAYS
TIME OFF
Doug Headrick
$233,508.00
$700 /mo
Yes, 2% on
No
No
Yes, voluntary
4 Years
20 days
None
None
20 days
3% at 60
SBVMWD
1 st $50K
(appointed
w /max of
10- 10 -06)
$1 K/yr
Paul Jones
$253,208.00
$650 /mo
Yes, 2.1 %
Yearly
Yes
Yes, voluntary
1 Year
15 days
None
12 days
27 days
2% at 55
EMWD
(7- 27 -12)
(appointed 7 -27-
(sick leave)
12)
Michael Markus
$221,498.00
$700 /mo
No
No
N/A
Yes, voluntary
5 years, 2 mos
25 days*
None
12 days
37 days
Private Plan
OCWD
457(b)
(appointed 9 -07)
( assumed,
(sick leave)
based on max
tenure)
Jim Ruth
$225,000.00
$0
No
No
No
Yes, voluntary
7 Years
25 days
None
10 days
35 days
N/A (not a
OCSD
(appointed 2005)
(sick leave)
member)
Tom Love
$225,732.00
$600 /mo
Yes, 3%
At the discretion
N/A
Yes, voluntary
2 Years
22 days
6 days
12 days
40 days
2.5% at 55
IEUA (recently
(6 -28 -2009)
of Board -
(appointed 6 -10)
(sick leave)
termed)
John Rossi
$268,403.00
N/A
Yes 2%
N/A
Yes, at District's
Yes, voluntary
8 Years, 5 mos
35 days
10 days
N/A
45 days
2.5% at 55
WMWD
contribution of
(appointed 7 -04)
2 %of salary
Celeste Cantu
$223,764.00
$1,000 /mo
Yes - 2%
N/A
Yes, at Agency's
Yes, voluntary
5 Years, 11 mos
13 days
5 days
12 days
30 days
2% at 55
SAWPA
(7 -1 -12)
contribution of
(appointed 12-
(sick time)
2% of salary in a
06)
401 A
Marty Zvirbulis
$230,000.00
N/A - District
No
No
Yes, at District's
Yes, voluntary
2 Years
25 days
5 days
13 days
43 days
2.5% at 55-1.2c/'c
CVWD
Vehicle
contribution of
(appointed 1 -11)
(sick leave)
PARS
22% of salary
(appx $50,600/yr)
401(a)
Anthony Araiza
$180,356.00
N/A - District
No
No
No
Yes, voluntary
16 years as GM
25 days
9 days
N/A
34 days
2% at 55 +
WVWD
Vehicle
social security
Stacey Aldstat
$203,556.00
N/A - Agency
No
No
No
Yes, 50%
7 years, 7
15 days
10
12 days
37 days
2.7% at 55
City of San
Vehicle
match up to
months
(sick leave)
Bernadino Water
$50 /pay
(appointed 07-
period
05)
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
http: //ylwd/Emp_Direct
$219,835.00
$600 /mo
No
No
No
Yes, voluntary
11 years
21 days
5 days
10 days
36 days
2.7% at 55
ory/Directory.aspx
(sick leave)
John Mura
$195,000.00
$800 /mo
No
No
No
Yes, at
1 Year
30 days
10 days
13.13 days
53.13 days
2.7% at 55
EVWD
Districts
(appointed
(sick leave)
contribution of
1/9/12)
$2,500/yr
Total Average $223,321.67
Revised: 02 -01 -2013 * = Based on 8 -hour work day ** = Numbers Rounded Off
Backup Material Distributed Less Than 72 Hours Prior to the Meeting
AGENDA REPORT
Meeting Date: February 26, 2013
ITEM NO. 4.2
Subject: Draft Employment Contract for the Position of General Manager (Verbal
Report)
ATTACHMENTS:
Description:
Type:
Backup Material Distributed Less Than 72 Hours Prior to
DOCSLA- #633989 -v2- General Manager Agreement.pdf Backup Material
the Meeting
Yorba Linda
Water District
EMPLOYMENT AGREEMENT
FOR POSITION OF GENERAL MANAGER
This Employment Agreement ( "Agreement ") is entered into by and between the
Yorba Linda Water District ( "District "), a county water district created and operated
pursuant to Water Code Section 30000 et seq., acting by and through its Board of
Directors ( "Board "), and ( "Employee "), and individual, (collectively
"Parties ") on )2012.
RECITALS
WHEREAS, the District is responsible for the construction, operation, and maintenance
of a potable water delivery system which provides service to residential, municipal,
commercial, industrial, and agricultural customers located within its sphere of influence,
as well as a sewerage collection system which serves residential, municipal, commercial,
and industrial customers located within its sphere of influence; and
WHEREAS, the District desires to retain the services of Employee as General Manager
of the District by way of this Agreement and subject to the terms and conditions set forth
herein; and
WHEREAS, Employee desires to accept employment as General Manger of the District
by way of this Agreement and subject to the terms and conditions set forth herein, and
Employee is qualified to perform such duties; and
WHEREAS, the District and Employee desire to formalize the employment of Employee
as General Manger of the District by way of this Agreement and subj ect to the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants, conditions, terms and representations contained herein, and for other good and
valuable consideration, the adequacy of which are hereby acknowledged, the Parties
agree as follows:
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1. Term of Employment.
[OPTION 1: use if no specific term] This Agreement shall become effective upon the
first day of the Employee's employment as General Manager [OPTION or actual start
date] and shall continue until terminated as provided for in this Agreement.
[OPTION 2: use if want 1 or other year term] The term of this Agreement is for
years, commencing , 2012, and ending years later, unless extended
during the term of this Agreement by separate action of the Parties or terminated before
the expiration of the term in accordance with the provisions of this Agreement.
2. Duties and Obligations of Employee. Employee agrees to and shall faithfully
discharge the duties of General Manager and devote his /her full -time attention and
energies to the performance of these duties to the satisfaction of the Board. Employee's
duties as General Manger include, but are not limited to:
a. Overseeing the administration, operation, and construction activities of the
District,
b. Those set forth in the California Water Code Sections 30580 and 30581,
C. Fulfilling the duties set forth in and adhering to the District's most
recently adopted Rules and Regulations for Water and Sewer Service,
d. Fulfilling the duties set forth in and adhering to the most recently adopted
Rules and Regulations, Policies, Resolutions, and Ordinances of the Board,
e. The specific duties set forth in the District's General Manager job
description, as amended from time to time, and
f. Other duties, responsibilities, and services as directed by the Board.
3. Employee Compensation. Employee shall receive an annual base salary of
dollars ($ ), payable in twenty -six equal biweekly installments, for
performance of his /her services as General Manager. The annual base salary may be
adjusted at the sole discretion of the Board. Any such increase in salary shall not be
construed as altering or amending any provision of this Agreement, except the
Employee's compensation amount or unless specifically agreed to in writing between the
District and Employee. Any increase is not effective until the Parties draft and sign an
amendment to this Agreement that states the new annual base salary and the effective
date of that new salary and such amendment is adopted by the Board at a duly noticed
public meeting.
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4. Employee Benefits. The District agreed to provide Employee the following
benefits for performance of his /her services as General Manager:
a. Health Benefits. The District agrees to pay Employee's health benefits as
set forth in this section. All health benefits under this section will cease upon the
termination or expiration of this Agreement.
i. Medical Insurance. The District agrees to pay Employee % of
the premium for hospital and medical and up to % the additional premium toward
Employee's dependent coverage insurance after he /she has worked for two (2) calendar
months in accordance with the provisions of any contract between the District and any
company or companies of the District's choosing. Employee shall pay the cost of the
difference in premium, to be deducted from his /her salary to cover his /her share of the
total coverage. Employee shall have the option of selecting a District- designated Health
Maintenance Organization ( "HMO "). The District contribution for HMO coverage will
be in accordance with this plan.
ii. Dental Insurance. The District agrees to pay Employee % of
the premium for dental insurance and up to % the additional premium toward
Employee's dependent coverage insurance after he /she has worked for two (2) calendar
months in accordance with the provisions of any contract between the District and any
company or companies of the District's choosing. Employee shall pay the cost of the
difference in premium, to be deducted from his /her salary to cover his /her share of the
total coverage. Employee shall have the option of selecting "Delta Care" with
contribution for "Delta Care" to be in accordance with this plan.
iii. Vision Insurance. The District agrees to pay Employee % of
the premium for vision insurance and up to % the additional premium toward
Employee's dependent coverage insurance starting the first day of the month following
her /his date of hire in accordance with the provisions of any contract between the District
and any company or companies of the District's choosing. Employee shall pay the cost
of the difference in premium, to be deducted from his /her salary to cover his /her share of
the dependent coverage.
b. Retirement Benefits. The District is a member of the California Public
Employees' Retirement System (PERS). The District shall follow all retirement
requirements as mandated by the California Public Employees' Pension Reform Act of
2013. If Employee maintains PERS reciprocity he /she shall be subject to the retirement
plan available to District employees on or before December 31, 2012. If Employee is a
new employee or new member as defined by Government Code section 7522.04,
subdivisions (e) and (f), the District shall provide Employee the Local Miscellaneous 2%
at 62 retirement plan with a full benefit of 2.5% at 67 and a minimum retirement age of
52.
C. Life Insurance. The District will provide Employee group life insurance
in the amount of on the first day of the month following his /her date
633989.2 Y0030 -001
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of hire in accordance with the provisions of any contract between the District and any
company or companies of the District's choosing. Employee may increase the coverage
to an amount not to exceed hundred thousand dollars ($ ,000.00) by
authorizing the additional premium to be deducted from his /her salary.
d. Long Term Disability. The District will provide Employee a long -term
disability plan which has a 90 -day elimination period and proves at least % of
salary for a designated period of time in accordance with coverage procured by the
District from a carrier to be determined at the District's sole discretion.
e. Short Term Disability. The District will provide Employee a short-term
disability plan which has a -day elimination period and proves at least % of
salary for a designated period of time in accordance with coverage procured by the
District from a carrier to be determined at the District's sole discretion.
f. Deferred Compensation. Effective July 1, 2012, the District will match
dollar for dollar not to exceed 2% salary earned per payroll period of Employee's salary
or Employee's actual amount of deferred compensation per payroll period, whichever
amount is less.
g. Vacation Leave. Employee shall accrue a total of vacation days
during each year of this Agreement. Employee shall accrue vacation commencing with
the start of employment but shall be ineligible to use accrued vacation time prior to the
successful completion of six (6) months of service. The maximum accrued vacation
balance Employee can accrue shall be limited to total days of vacation. If
Employee accrues total days of vacation he /she will cease accruing any further
vacation leave until the vacation balance is reduced to less than the maximum limit.
Deductions of the vacation balance shall be by means of use of accrued unused vacation
hours or the sale of up to forty (40) hours of accrued unused vacation time upon thirty
(30) days prior notice if Employee takes a minimum of one -half (1/2) the vacation time to
which Employee is entitled within the same annual period of the sold vacation time.
h. Holidays. Employee is entitled to holiday compensation for each holiday
as set forth in the District's annual Holiday Schedule in an amount equal to the number of
hours Employee normally would have worked other than for the holiday. Employee is
only eligible for holiday compensation if he /she is at work or on paid leave of absence on
the regularly scheduled workday immediately preceding the day observed as the holiday
and the regularly scheduled workday immediately following the day observed as the
holiday.
i. Sick Leave. Employee shall accrue and be entitled to use sick leave on the
same basis as all other management employees of the District. Employee acknowledges
and understands that accrued but unused sick leave will not be paid out upon the
termination or expiration of this Agreement.
633989.2 Y0030 -001
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j. Administrative Leave. Employee shall accrue a total of hours of
administrative leave with pay during each year of this Agreement. Unused administrative
leave time at the end of each fiscal year, June 30, will be paid during the following month
of July at Employee's then hourly rate. Administrative leave time does not carry -over to
the next fiscal year. Employee acknowledges and understands that accrued but unused
administrative leave will not be paid out upon the termination or expiration of this
Agreement.
k. Automobile Reimbursement. [3 OPTIONS]
[OPTION 1: Employee uses own car]
k. Automobile Reimbursement. Employee is expected to use his /her own
vehicle in the performance of his /her services as General Manager, including being
available twenty -four (24) hours per day when practical to respond to emergency
situations for the District. Employee shall be paid five hundred and fifty dollars
($550.00) per month, payable in monthly installments, as reimbursement for automobile
expenses. The monthly reimbursement may be adjusted at the sole discretion of the
Board.
[OPTION 2: Employee uses District car]
k. Use of District Automobile. The District will provide Employee the use
of a District -owned vehicle for the performance of his /her services as General Manger,
including the daily commute to and from the District. The District - provided vehicle shall
not be utilized for predominately personal purposes. Nominal and incidental personal use
however shall be permitted, i.e. for purpose of personal errands while going to and from
the workplace.
[OPTION 3: Employee can choose to use own car or District car]
k. Automobile Reimbursement. Employee is expected to use his /her own
vehicle in the performance of his /her services as General Manager, including being
available twenty -four (24) hours per day when practical to respond to emergency
situations for the District. Employee shall be paid five hundred and fifty dollars
($550.00) per month, payable in monthly installments, as reimbursement for automobile
expenses. The monthly reimbursement may be adjusted at the sole discretion of the
Board. Alternatively, Employee may choose to use a District -owned vehicle for the
performance of his /her services as General Manger, including the daily commute to and
from the District. The District - provided vehicle shall not be utilized for predominately
personal purposes. Nominal and incidental personal use however shall be permitted, i.e.
for purpose of personal errands while going to and from the workplace. No monthly
automobile reimbursement will be paid by the District if the Employee chooses to use a
District -owned vehicle.
1. Professional Growth. The District agrees to pay the following expenses
on behalf of the Employee subject to the Board's discretion and approval:
633989.2 Y0030 -001
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i. Professional and Civil Affiliations and Professional Development.
The District agrees to pay for professional dues and subscriptions on behalf of Employee
which are reasonably necessary as determined by the Board for Employee's continuation
and full participation in national, regional, state or local associations and organizations
necessary and desirable for Employee's continued professional participation, growth,
advancement, or for the good of the District. The maximum total annual amount to be
reimbursed by the District to Employee under this section is dollars ($�,
unless additional reimbursements are approved by the Board.
ii. Professional Development. The District agrees to pay the travel
and subsistence expenses of Employee for official travel, meetings, and events
reasonably necessary to continue the professional development of the Employee as
General Manager of the District and reasonably necessary to fulfill official and other
functions for the District, as determined to be reasonable and necessary by the Board.
These meetings and events may include, but are not limited to, the annual and semi-
annual conferences of the Association of California Water Agencies, the American Water
Works Association, the American Society of Civil Engineers, and other national,
regional, state and local conferences of governmental groups and committees in which
Employee may participate from time to time. The maximum total annual amount to be
reimbursed by the District to Employee under this section is dollars ($�,
unless additional reimbursements are approved by the Board.
iii. Continued Education. The District agrees to reimburse Employee
for all costs associated with continuation education credits, courses, and the pursuit of an
advanced degree, if and when such costs are approved in advance and deemed necessary
by the Board. The maximum total annual amount to be reimbursed by the District to
Employee under this section is dollars ($), unless additional
reimbursements are approved by the Board.
5. Taxes. Employee shall be responsible for any and all federal, state, local or other
taxes resulting from any compensation or benefits provided to him by the District.
District shall withhold from any compensation or benefits provided under this Agreement
all federal, state, local or other taxes as may be required pursuant to law or governmental
regulation or ruling.
6. Expenses. Employee shall be entitled to reimbursement for transportation,
business and travel expenses incurred in the performance of his /her duties as General
Manager, including but not limited to those detailed in section 4(1) of this Agreement,
subject to the Board's discretion and approval. Employee shall submit to the District an
itemized account of all such expenditures, setting forth the date, the purpose for which
each expenditure was incurred, and the amounts thereof, together with such receipts
showing the payments. The District shall bear the full cost of any fidelity or other bonds
required of Employee under any law or ordinance.
7. Performance Evaluation. The Board and Employee may develop annual goals,
objectives, and performance standards for Employee for the benefit of the District and in
633989.2 YO030 -001
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attainment of the Board's policy objectives, and may further establish a priority among
those goals, objectives, and performance standards to be reduced in writing. Additionally
the Board may periodically establish goals and objectives regarding the Employee's
performance of the duties of General Manager. The Board may at its sole discretion
review and evaluate the Employee's performance on an annual or other basis.
8. Termination of Agreement. The District employs Employee to serve as its
General Manager, at the pleasure of the Board, upon the terms and conditions set forth in
this Agreement. [TERM OPTION: If a Term is desired, please include "Notwithstanding
the year term of this Agreement "] Employee shall be an "at- will" employee of the
District and will not be afforded any termination or discipline - related access to due
process, appeal, or grievance procedure. Employee's employment may be terminated
with or without cause, at any time, with or without notice, by the Board or the Employee.
In the event the Employee is terminated by the Board [TERM OPTION: If a Term is
desired, please include "before the expiration of the term of employment and "] during
such time that Employee is willing and able to perform the duties of the General Manager
position, the District agrees to make a lump severance payment to Employee [OPTION 1:
If a Term is desired, state: "equal to the lesser of (1) three [TERM OPTION: more or less
months] months of the Employee's monthly salary at the time of termination or (2)
Employee's monthly salary at the time of termination multipled by the number of months
left on the unexpired term of Agreement. "] [OPTION 2: If no Term is desired, state:
equal to three [TERM OPTION: more or less months] months of the Employee's
monthly salary at the time of termination. "] This severance payment shall be made
within fifteen (15) days of the effective date of the termination. Pursuant to California
Government Code Section 53260, in no event shall the lump sum severance payment
provided herein exceed the monthly salary of Employee multiplied by eighteen (18). The
lump sum severance payment is in addition to any accrued and unused vacation to which
Employee is entitled. All sums paid herein are subject to applicable withholding taxes.
Pursuant to California Government Code Section 53243.2, any lump severance payment
paid to Employee under this section shall be fully reimbursed by Employee to the District
if Employee is convicted of a crime involving an abuse of his /her office or position as set
forth in California Government Code Section 53243.4.
Employee and the District recognize that the District prefers Employee provide it at least
a ninety (90) day advance notice before Employee voluntarily resigns from the General
Manager. While such courtesy is desired, it is not required as the employment
relationship created in this Agreement is "at- will." In the instance of voluntary
resignation, Employee understands and acknowledges that he /she will not be eligible to
receive any severance pay. In that instance Employee will only receive his /her accrued
but unused holiday and vacation leave, if any.
Employee understands and acknowledges that all health and other benefits set forth in
this Agreement shall cease on the day of termination of this Agreement by either Party or
expiration of this Agreement.
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9. Confidential Information. Employee acknowledges and stipulates that in the
performance of his /her duties, the District discloses and entrusts him /her with certain
confidential or proprietary information. Employee agrees not to directly or indirectly
disclose or use at any time any such information, whether it be in the forms of records,
lists, data, personnel information, drawings, reports, or otherwise, of a business or
technical nature, which was acquired or viewed by Employee during Employee's
relationship with the District unless such disclosure is authorized by the District in
writing, required by law, or required in the performance of the duties of the General
Manager. This provision shall survive the termination or expiration of this Agreement.
10. Notice. Any notices required hereunder shall be in writing and shall be given by
personal delivery or overnight courier service to the Parry to whom it is to be given at the
address set forth below, or at such other address as each Parry hereto may direct by notice
given in accordance with the terms and conditions of this section. All notices shall be
deemed effective upon personal delivery or upon three (3) business days following
deposit with any overnight courier service in accordance with this section:
For Yorba Linda Water District:
President of the Board of Directors
Yorba Linda Water District
P.O. Box 309
Yorba Linda, CA 92885 -0309
Any notice required to be given to the Employee under this Agreement shall be addressed
to him /her at his /her last known address as reflected in the District's personnel records.
Any Parry may change its address for the purpose of this section by giving written notice
of such change to the other Party in the manner herein provided.
11. General Provisions.
a. Governing Law & Severability. This Agreement shall be governed by the
laws of the State of California. If any clause, sentence, section or other provision of this
Agreement is, for whatever reason, deemed void, unlawful or otherwise unenforceable,
then such shall be severed herefrom and the balance of this Agreement construed as if the
severed language was not a part hereof.
b. Modification, Amendment, Waiver. No modification or amendment of
any provision of this Agreement shall be effective unless approved in writing and signed
by both Parties. The failure of a Parry to enforce any of the provisions of this Agreement
shall in no way be construed as a waiver of such provisions and shall not affect the right
of either parry thereafter to enforce each and every provision hereof in accordance with
its terms.
C. Assignment. Neither the Agreement nor any of the rights or obligations
created herein shall be assignable by Employee without the written approval of the
District.
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d. Counterparts. This Agreement may be executed in any one or more
counterparts, each of which shall be deemed to be an original but all of which together
shall constitute one and the same instrument. The transmission of an executed signature
page by any Party may also be accomplished via facsimile or via electronic transmission,
and such copies of such documents may be treated as if they were originals.
e. Section Headings. The section headings used herein are not a substantive
part of this Agreement and are included solely for convenience and have no bearing upon
and do not in any way limit the application of the terms and conditions of this
Agreement.
f. Incorporation. The Recitals are true and correct and are incorporated
herein by this reference.
g. Entire Agreement. This Agreement represents the entire and integrated
contract between the District and Employee and supersedes all prior understandings,
negotiations, representations, or agreements.
h. Voluntary Agreement. Employee represents and warrants that he /she has
read carefully and fully understands all the provisions of this Agreement, that he /she is
free to enter into this Agreement and to render the services described in it, that he /she
entering into and performance of this Agreement will not breach or violate or conflict
with any other agreement (written or oral) to which he /she is a parry, and that he /she
have had an opportunity to consult with his /her legal counsel prior to entering into this
Agreement and have either done so or voluntarily chosen not to do so. Employee is
voluntarily entering into this Agreement. The District represents and warrants that it has
the right and power to enter into this Agreement.
IN WITNESS WHEREOF, the Parties have entered into this Employment
Agreement for the Position of General Manager as of the date first written above.
YORBA LINDA WATER DISTRICT
Gary T. Melton
Board President
NAME OF EMPLOYEE
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NAME OF EMPLOYEE
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