Common use of Approval of Management Clause in Contracts

Approval of Management. Contractor recognizes the importance of establishing a successful relationship between its management and Agency and SBWMA staff. Before extending an offer of employment for the position of general manager, both initially and throughout the Term, Contractor shall provide the SBWMA with the description of the proposed position; an opportunity to review and comment upon the position description, the background, experience, and qualifications of each candidate being considered for the position, and an opportunity to meet with each candidate. Contractor shall give thoughtful consideration to the SBWMA’s comments on the descriptions of the proposed position and each candidate, but shall have the ultimate right to make employment decisions in its best business judgment. If the Agency is dissatisfied with the performance of the management personnel, the Agency shall contact the general manager to discuss the employee’s performance. If the Agency is dissatisfied with the general manager, the Agency shall contact the group manager to discuss the general manager’s performance. Contractor shall advise the affected management employee of any complaints made by the Agency regarding the employee’s performance. The Parties shall meet and confer in good faith to address the Agency’s concerns, and shall agree on a corrective course of action to be implemented immediately. Contractor agrees to consider in good faith, but shall not be bound by, any requests by the Agency to transfer or re-assign a management employee should the Agency maintain in good faith that it can no longer work constructively with said employee.