Contract - Carroll, Scott - 2013-03-28 ITEM NO. 12
THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT
(GENERAL MANAGER)
(SCOTT CARROLL)
This Third Amendment to Agreement is made this 4th day of January, 2013, 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 does hereby desire to again increase the General
Manager's salary in recognition of his achievements but to provide that the General
Manager is to contribute to his pension plan by paying the percentage hereinafter
mentioned; and
WHEREAS, it is also the Board's intent that the General Manager begin paying
greater percentages of his retirement in the future until he is paying the full employee
share; and
WHEREAS, to accomplish these purposes, the Board does hereby agree to pay
General Manager an increase in salary of seven percent (7%), provided General
Manager pays two-and-one-half percent (2.5%) of his employee's share of PERS
pension costs; and
WHEREAS, it is the Board's intention that for the following two years General
Manager will be asked to pay an additional two-and-one-half percent (2.5%) in 2014,
and an additional two percent (2%) in 2015, so that the total employee share of
retirement is being paid by General Manager in that year; and
WHEREAS, the parties agree that General Manager shall not be entitled to cost
of living raises in addition to said increase;
NOW, THEREFORE, in consideration of the above, the parties do now AGREE
as follows:
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ITEM NO. 12
AGREEMENT
Section 1. That Section 4 of the Agreement is hereby amended to read:
"4. SALARY
A. Effective January 4, 2013, District agrees to pay Manager for
his services rendered hereunder a base salary of One Hundred Seventy-
Seven Thousand Seven Hundred Nineteen Dollars and Seventy-Two
Cents ($177,719.72) per year in installments at the same time as other
employees of the District 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 Manager in such
amounts and to such extent as the Board of Directors may determine
desirable and appropriate."
Section 2. That except as expressly modified herein, the terms and conditions
of the Agreement, as modified by the First Amendment in so far as increased
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.
COSTA MESA SANITARY DISTRICT SCOTT CARROLL
IlL ' .4■11...../ __02...---- -
Pre: • °nt Signature
- 11 a
,
Secretary
APPROVED AS TO FORM:
a/L'x- 44/141
District Counsel
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