Contract - Carroll, Scott - 2014-07-24 FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT
(GENERAL MANAGER)
(SCOTT CARROLL)
This Fourth Amendment to Agreement is made this 24th day of July, 2014,
by and between the Costa Mesa Sanitary District, a sanitary district established
pursuant to Health and Safety Code Section 6400 et seq., ("District") and Scott
Carroll ("General Manager") with reference to the following facts.
RECITALS
Whereas, District hired General Manager after a competitive search and
entered into an employment agreement dated January 4, 2010 with General
Manager(hereinafter referred to as "Agreement"); and
Whereas, in subsequent years thereafter the Board has reviewed the
General Manager's performance and provided increases in his salary and also
provided an increase in his severance pay; and
Whereas, in January 2013 the Board provided that the General Manager
was to begin paying his own employee share of retirement contributions which
was determined to be 7%; and
Whereas, the plan was that the General Manager would pay 2.5% of that
retirement contribution in 2013, an additional 2.5% in 2014 and the remaining 2%
in 2015; and
Whereas, the General Manager was given a salary increase of 7% in 2013
with the understanding that the General Manager would begin paying 2.5% of his
retirement that year and the General Manager did so; and
Whereas, the Board does hereby desire to again increase the General
Manager's salary in recognition of his achievements and does hereby agree to
pay the General Manager an increase in salary of three percent (3%) provided
the General Manager pays an additional two-and—one-half percent (2.5%) of his
employee's share of PERS pension cost for a total employee.contribution by the
General Manager of 5% of the total 7% employee contribution; and
Whereas, the Board still intends to negotiate that the General Manager
pay the full 7% in 2015; and
Whereas, the Board has promised to review the General Manager's
performance and salary on an annual basis and to provide any adjustments in
compensation at that time; and
Whereas, the Board has determined that the performance and
compensation review shall begin in January of each year ahead of budget
adoption; and
Whereas, the Board has been unable to conduct the review until recently
and desires to provide compensation to be retroactive to March 1, 2014; and
Whereas, the Board has further clarified that cost of living increases will
not be allowed in addition to the increase described herein;
Now therefore the parties hereto agree as follows:
Section 1. That Section 4 of the Agreement shall be amended to read:
"4. SALARY
A. Effective the first pay period in March 2014, District hereby agrees
to pay General Manager for his services rendered hereunder a base salary of
$183,051.31 per year in installments at the same time as other employees are
paid. General Manager's anniversary date shall remain January 1, however.
B. In addition, the District agrees that the Board of Directors shall
annually evaluate the General Manager's performance and may consider
adjustments to said base salary and/or other benefits of manger in such amounts
and to such extent as the Board of Directors may determine desirable and
appropriate."
Section 2. That the General Manager shall pay 5% as the employee's share of
his retirement contribution (currently at 7%) beginning on the first pay period of
August, 2014.
Section 3. That 0.5% of the General Manager's 3% salary increase shall be
retroactive in the first pay period of March 2014.
Section 4. That no cost of living adjustment shall be provided in addition to such
increase.
Section 5. That except as expressly modified herein, the terms and conditions of
the Agreement, as modified by the First Amendment in so far as severance pay
is provided, shall remain in effect and govern the rights of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to Agreement to be executed the day and year first above written.
Signature Page
Below
COSTA MESA SANITARY DISTRICT SCOTT CARROLL
ALL' .:J -I Lill.1A,, :A-_Pr. •ent Signature
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Secretary
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APPROVED AS TO FORM: il.,
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District Counsel