Contract - Carroll, Scott - 2015-04-23 FIFTH AMENDMENT TO
EMPLOYMENT AGREEMENT
(GENERAL MANAGER)
(SCOTT CARROLL)
This Fifth Amendment to the Employment Agreement is made this 23rd day of
April, 2015, 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 agreement and provided increases in his salary and also provided an
increase in his severance pay; 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 January 1, 2015; and
Whereas, since 2013 the General Manager has continued to pay a greater share
of his retirement contributions and now will pay the full seven percent (7%) employee
share; and
Whereas, the Board has reviewed the General Manager's performance and has
determined to increase his compensation by 3%, which recognizes that the General
Manager will now pay an additional 2% towards his retirement and provides the General
Manager with a 1% cost of living adjustment;
Now, therefore, the parties hereto agree as follows:
Section 1. That Section 4 of the Agreement is hereby amended to read:
"4. SALARY
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A. Effective January 1, 2015, District agrees to pay General
Manager for his services rendered hereunder a base salary of
$188,542.85 per year in installments at the same time as other employees
are paid.
B. In addition, the District agrees that the Board of Directors
shall annually evaluate Manager's performance and may consider
adjustments to said base salary and/or other benefits of General Manager
in such amounts and to such extent as the Board of Directors may
determine desirable and appropriate."
Section 2. That General Manager shall pay the employee's full share of his
retirement contribution (7%), beginning on the first pay period of May, 2015.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
Agreement to be executed the day and year first above written.
COSTA MESA . ANITARY DISTRICT SCOTT CARROLL
Pre ..:ent ! Signature
Secretary
APPROVED AS TO FORM:
ALA
District Counsel
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