Water Mgr PD

Published - 20 Dec 2015

Water Manager Employment Agreement

THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered this ______ day of ___________, 2016 between the Big Mesa Mutual Domestic Water Consumers Association (“Big Mesa” or “Employer”) and “Employee”, whose address is ______________________.

WHEREAS, the Big Mesa Board of Directors considers it to be in the Association’s best interest to enter into this Agreement with Employee; and

WHEREAS, the Employer desires to retain the services of the Employee as the Big Mesas Water Manager; and

WHEREAS, the Employer and the Employee desire to enter into this Agreement to set forth the terms and conditions of the employment relationship between Big Mesa and the Employee.

NOW THEREFORE, in consideration of the mutual covenants and agreements set forth below, and other good and valuable consideration, the parties hereby agree as follows:

1. Definitions.

Whenever used in this Agreement, the following words and phrases shall have the following meanings:

(a) “Date of Termination” shall mean the date the Employee ceases to be employed by the Employer for whatever reason.

(b) “Duties of the Water Manager” shall mean all duties and responsibilities to be performed by the Employee that are generally set forth in the attached Exhibit A, all duties incident thereto, and other duties as may be assigned by the Big Mesa Board of Directors from time to time.

2. Employment.

(a) Position and Term. The Employer will employ the Employee as the Big Mesa Water Manager. The term of this Agreement will commence on the date set forth in the introductory paragraph of this Agreement and will continue until terminated by either party in accordance with the provisions contained in Section 4. Employee agrees that he will neither accept other employment nor become employed by any other employer until this Agreement is terminated in accordance with the provisions contained in Section 4 of this Agreement or unless written permission is granted by the Big Mesa Board of Directors. Nothing herein shall prevent, limit, or otherwise interfere with Employer’s right to terminate Employee’s services at any time, with or without cause and with or without notice, or Employee’s right to resign from his position at any time, subject only to the requirements set forth in Section 4 of this Agreement.

(b) Reporting Relationship and Responsibilities. As the Water Manager, the Employee will report to the President of the Big Mesa Board of Directors and/or his designee, and will discharge such duties and responsibilities as are lawfully assigned to him. While Employee’s services to Employer’s members and clients shall require his independent knowledge and expertise, and while Employee shall be expected to exercise independent discretion and judgment, Employer retains the sole authority to determine both the duties to be performed by Employee and the means and the manner by which those duties shall be performed. The Employee shall also provide to Employer all relevant information, suggestions, and recommendations regarding the Big Mesa operations of which Employee has knowledge that may be of benefit to Employer.

(c) Service. During the term of his employment with the Employer, the Employee shall perform the Duties of the Water Manager. The Employee will devote his full time, attention, and abilities to furthering the purpose of the Employer and will faithfully serve the Employer and use his best efforts to promote the interests of the Employer. Employee’s duties may be performed at such place(s) as determined necessary to properly and effectively carry out the operations of Employer, or any other location designated by Employer. Employee agrees to perform all services in compliance with any and all rules, regulations, policies, or procedures of Employer.

(d) Compliance with Big Mesa Policies. During the term of his employment with the Employer, the Employee shall comply with all policies and procedures adopted by the Big Mesa Board of Directors, whether now existing or later adopted.

(e) Conflict of Interest. The Employee represents that he presently has no interest or conflict of interest and shall not acquire any interest or conflict of interest which would conflict with his performance of services under this Agreement. Employee shall not be employed in any outside work or activity or receive from an outside source a regular fee or salary until a description of the nature and extent of the outside employment has been approved by the Big Mesa Board of Directors. In the event Employee engages in the outside work or activity after approval is denied, or if Employee engages in any work or activity without the express prior approval of the Big Mesa Board of Directors, this Agreement may be terminated by Big Mesa as set forth herein in its sole discretion.

3. Compensation.

(a) Salary. As consideration for all services provided to Employer under this Agreement, Employer agrees to pay Employee an annual gross salary of $_____ per hour payable in by-weekly installments in accordance with Employer's regular pay schedule. The Big Mesa Board of Directors may review Employee’s salary annually and may, at its sole discretion, adjust it from time to time based on cost of living, performance, or certification achievements.

(b) Paid Leave (sick and vacation). During the first year of his employment, the Employee will be entitled to one (1) week of paid leave upon the reasonable terms and conditions set forth by Employer. During all subsequent years of his employment, the Employee will be entitled to two (2) weeks of paid leave upon the reasonable terms, conditions and approval set forth by Employer. Paid leave shall be taken at times that the Employee deems will not interfere with his duties hereunder.

(c) Benefits. The Employee will be entitled to participate in a health insurance plan procured by him with the approval of the Big Mesa Board of Directors. The Employee shall be reimbursed for three quarters (3/4) of the reasonable costs of the health insurance premium for Employee.

(d) Expenses. The Employer will reimburse the Employee for his reasonable and necessary expenses incurred in connection with the performance of his duties and responsibilities. Examples of reimbursable expenses include fuel costs incurred in providing services to Big Mesa members and customers and Water Manager related educational opportunities approved by the Big Mesa Board of Directors. Fuel costs incurred while conducting personal affairs will not be reimbursed under any circumstances. In the event the Employer adopts any policies regarding the reimbursement of expenses, the Employee agrees that his requests for reimbursement shall be subject to any and all such policies. Employee acknowledges that the Big Mesa Board of Directors may, at their sole discretion, enact or amend such policy from time to time. The Employer shall be under no obligation to reimburse Employee for expenses incurred after Employee has been notified, in writing or verbally, that an expense is no longer reimbursable.

4. Status of Employee. 

The Employee acknowledges and agrees that that he is an at-will employee of Big Mesa and as such, nothing contained in this Agreement or any policies or practices adopted by the Employer shall be construed to give the Employee any interest in any of Big Mesa’s physical assets or accounts receivable, or create a partnership or joint venture with the Employer. Employee shall not have the right to make any contracts or commitments for or on behalf of Employer without first obtaining the expressed written consent of Employer.

5. Hours of Work. 

Both parties recognize and agree that Employee must devote a great deal of time beyond normal office hours to tend to Big Mesa’s operations. As a full-time employee, Employee is expected to maintain a minimum of forty (40) hours weekly and comply with Big Mesa’s standard operating hours Monday through Friday, and any other times necessary to complete the Duties of the Water Manager. Employee shall remain available on an on-call basis twenty-four hours each day to address any emergencies which may arise. Compensation for hours worked over forty (40) in any given week must be pre-approved by Employer and will be compensated at time-and-one half of hourly wage.

6. Termination.

(a) At-Will Employment. The Employee hereby acknowledges and agrees that he serves at the pleasure of the Big Mesa Board of Directors. The Employee’s employment by Big Mesa is on an at-will only basis, and he shall not be entitled to any additional compensation, severance pay, or guaranteed amounts upon termination of his employment.

(b) Termination by Employer. The Big Mesa Board of Directors, by majority vote, may, at any time, for any reason, or without reason, terminate the Employee’s employment without prior notice. The decision to terminate is within the sole discretion of Big Mesa and is without liability.

(c) Voluntary Resignation. The Employee may terminate his employment with the Employer at any time.

(d) Compensation Upon Resignation. Employer agrees to pay Employee for all work performed up until the date of termination or the effective date of resignation. The compensation paid under this Agreement shall be Employee’s exclusive remedy.

(e) Return of Property. Upon termination or resignation, Employee shall deliver all property of Employer that is in Employee’s possession or control to Employer. Property of Employer includes but is not limited to all keys, records, notes, data, memoranda, and equipment issued or provided by Employer. Employee shall certify in writing that all such property has been returned to Employer.

7. Termination of Prior Agreements.

Any previous agreements, written or oral, express or implied, between the Employee and Employer relating to the employment of the Employee by the Employer are terminated and cancelled, and the Employee and the Employer release and forever discharge each other of and from all manners of action, causes of action, claims, and demands whatsoever under or in respect to any such prior agreement.

8. General.

(a) Waivers. Neither party may waive or shall be deemed to have waived any rights each may have under this Agreement (including under this Section) except to the extent that such waiver is in writing and duly executed by the parties. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

(b) Notices. Any written notice required or permitted to be given to either Employer or Employee hereunder shall be delivered personally or sent by priority mail, addressed as follows:

Big Mesa MDWCA
P.O. Box 40
Conchas Dam, NM 88416

Any such notice mailed shall be deemed to have been received by Employee on the third business day following the date of mailing. The addresses for the giving of notices may be changed by either party by providing written notice to the other party.

(c) Legal Representation. The Employee acknowledges to the Employer that he has been represented or has had the opportunity to be represented by separate legal counsel in connection with the negotiation and finalization of this Agreement.

(d) Section Headings. This Agreement’s section headings are for convenience only and do not define, limit or construe the contents of such sections.

(e) Applicable Law. This Agreement shall be governed by the laws of the State of New Mexico.

(f) Venue. Any legal proceeding brought against either party arising out of this Agreement shall be brought in the courts of San Miguel County, State of New Mexico.

(g) Severability. Each of the sections contained herein shall be and remain separate from, independent of, and severable from all and any other sections herein. Any binding decision or declaration that one or more of the sections or subsections are null and void shall have no effect on the remaining sections or subsections in this Agreement.

(h) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and contains all of the covenants, representations, and warranties of the respective parties. There are no oral representations between the parties of any kind. This Agreement may not be amended in any respect except by written instrument, duly executed by the parties. Any oral amendments or modifications will be of no force or effect and will be void.

IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written.


By: __________________________ By: ______________________
Gayle Donathon, President
Big Mesa MDWCA

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