Facilities Manager Agreement November 2024 PDF

PORT SAN LUIS HARBOR DISTRICTFACILITIES MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), between the Port San Luis Harbor District ("District"), and Dustin Barth ("Manager"), shall be effective as of November 24, 2024 ("Effective Date"). ARTICLE I - TERM OF EMPLOYMENT Section 1.01 Grant and Acceptance of Employment/Term. The District hereby employs Manager under the terms and conditions stated in this Agreement, and Manager hereby accepts such employment beginning November 24, 2024, and continuing for a period of one (1) year, ending November 23, 2025, unless otherwise terminated prior thereto as provided in this Agreement ("Initial Term"). Section 1.02 Extension of Term. Notwithstanding any other terms of this Agreement, this Agreement shall automatically renew from year to year. for successive one (1) year terms ("Extended Term(s)") unless the Harbor Director notifies the Manager of the District's decision not to extend the term of this Agreement prior to the end of the Initial or any Extended Term ARTICLE II - DUTIES OF MANAGER Section 2.01 General Duties. Subject to Section 2.04 below, Manager is employed as the Facilities Manager to perform all duties for and on behalf of the District consistent with the job description of the Facilities Manager, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, and such other duties as the District, through the Harbor Director. may direct from time to time. Section 2.02 Scope of Employment. The Manager agrees to devote all of Manager's working time ability and attention to the business of the District during the term of this Agreement. During the Initial and any Extended Term, Manager shall not directly or indirectly render· any services of a business or commercial nature to any other person or organization (other than public sector, marina. port or harbor associations or organizations approved by the Harbor Director, whether for compensation or otherwise) without the prior approval and written consent of the District. The Manager shall perform all services. acts or· functions necessary or advisable to manage and conduct the business of District, subject to the direction of the Harbor Director and the policies set by the District frorn time to time Section 2.03 Work Schedule. The Manager's .vork schedule ( cine 1.vorki11g trmo J srall qenerally conform to that of other employees of the District. however. ,t 1s recolJn1zecl b'/ both p;,1rt1es that tre iv1anacJer': .vor+ ·:.,che:cLile ·:1111 be somewhat variable and may not always conform to a standard 40-hour workweek. The Manager shall be required to work such additional hours as may be necessary to perform all of the duties of the Manager including, but not limited to, responding to emergencies and attending regular meetings of the Commission and its committees and such other meetings held outside of the District's regular hours of business as shall be helpful to conduct District business. Section 2.04 Rules and Regulations. At all times during employment with the District, the Manager shall strictly adhere to and obey all the policies, rules and regulations now in effect or as subsequently adopted governing the conduct of employees of District. Additionally, the Manager shall act in a prudent, responsible and ethical manner as to matters not the subject of the District's rules and regulations so as not to cause or bring discredit or disrepute to the District, the Commission or the position of Facilities Manager. Section 2.05 Change Duties. The District shall have the right at any time during the Initial or Extended Term to assign managerial or supervisory duties to the Manager different from the duties originally assigned and specified above, and may amend Exhibit A attached hereto accordingly. Section 2.06 Performance. The Manager agrees to loyally and conscientiously perform all of the duties and obligations either expressly or implicitly required of the Manager by this Agreement. Manager agrees to comply with and submit to the directions, instructions and control of the Harbor Manager or his designee in the performance of the stated and implicit duties under this Agreement. Section 3.01 Base Salary. As of the Effective Date, the District shall pay Manager a base monthly salary of Eight Thousand, Nine Hundred and 00/100 Dollars ($8,900) (the "Base Salary"), payable in increments according to District's periodic payroll disbursement and withholding policies or requirements. Section 3.02 COLA and Discretionary Salary Adjustments. Each year that the Commission grants District employees a cost of living (COLA) increase, Manager shall be granted a COLA mcrease in an amount equivalent lo the increase granted to District employees. Section 3.03 Annual Review. Each year of this Agreement, the Harbor Director shall review the annual goals and objectives set the prior year for Facilities Manager's position and review Manager's performance during that preceding year related thereto (the Manager's Annual Review", fhe Managers Annual review will occur once for each ;ear of this Agreement on 1;, 11Gclr the anruver sa.v ddte uf thh Agreement Section 3.04 Merit Increases. Based upon the results of the Manager's Review the Harbor Director may in his/her sole discretion grant Manager an increase in Base Salary as long as it is within the Salary range as approved by the Board. All other bonuses or increases in other benefits (as such benefits are provided for in Article IV of this Agreement (hereinafter, "Benefits") shall be approved by the Board of Commissioners. Any merit increase shall be subject to the Harbor Director's discretion in determining whether Base Salary, a bonus or other increase in Benefits is warranted and appropriate based on Manager's performance. Any bonus granted will be paid within a reasonable time after the decision to grant such increase. If the District elects to increase Benefits paid on behalf of the Manager, the increase will be effective within a reasonable time after the District grants such increase, but if granted after January 1 of the effective year, increased Benefits shall be prorated, and not granted or paid retroactively. Section 3.05 Longevity Pay. Regular employees (does not include part-time hourly, regardless of amount of weekly hours worked) who have completed at least ten (10) full years of service in that category shall receive a two percent (2.0%) differential above the rate otherwise applicable. After fifteen (15) years, said differential shall be increased by an additional two and one-half percent (2.5%) to four and one-half percent (4.5%), and after twenty (20) years it shall be increased by an additional two and one- half percent (2.5%) to seven percent (7.0%). Leave of Absence time shall not be counted toward the calculation of years of service under this section. Section 3.06 Deferred Compensation. The District may provide to all employees a Deferred Compensation Plan during the term of this Agreement.Participating employees shall be responsible for annual fees and any other administrative fees charged by the District's appointed Plan Administrator. For any Deferred Compensation Pl n implemented, the District will provide a 1: 1 match to employee contributions to ;::i maximum of $20.00 per month per employee. ARTICLE IV - BENEFITS The Benefits provided below ('Benefits''Jare all of the employee benefits to be given to Manager and are in lieu of benefits provided to other ernployees, including any benefits deemed applicable to unrepresented or exempt employees, under the District Employee Personnel Policies, any collective bargaining agreement, any then current memorandum of understanding (''MOU #J-18808-Ljbffr