Contract - Carroll, Scott - 2011-03-15 •
FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT
(GENERAL MANAGER)
• (SCOTT CARROLL)
This Amendment to Agreement is made this 15th day of yl'I.Lr l.� , 2011,
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, the Board has reviewed the General Manager's performance and
has authorized the President to negotiate modifications to the Agreement consistent
herewith; and
WHEREAS, after the Board reviewed General Manager's performance for the
year, it has determined that he is entitled to a 4% raise and an adjustment in his
severance pay from six (6) to nine (9) months; and
WHEREAS, all employees of the District were also authorized a 1.4% increase
for cost of living and the Board has determined that the General Manager should also
be provided with the same cost of living increase; and
WHEREAS, the President and General Manager were able to reach agreement
on the above and desire to amend the Agreement to reflect those modifications;
In consideration of the above, the parties do now AGREE as follows:
AGREEMENT
Section 1. That Section 3 of the Agreement is hereby amended to read:
"3. TERMINATION AND SEVERANCE PAY
A. In the event the Board of Directors determines to terminate
Manager, it agrees to give him two hundred seventy (270) days notice of
its intention to do so. The Board of Directors shall then have the option of
allowing Manager to work for said two hundred seventy (270) days or may
advise Manager that he is relieved of all duties.
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General Manager First Amendment to Employment Agreement
Page 2 of 3
B. In the event that the Board of Directors determines to
discontinue employment of Manager and to relieve him/her of all duties,
and during such time that Manager is willing and able to perform his
duties under this Agreement, District agrees to pay Manager, in addition
to any other amounts that may be due Manager at the time of separation
of employment, payment equal to nine (9) months aggregate salary and
benefits which District may elect to pay in a lump sum or monthly for a
period of nine (9) months, subject to the following conditions.
C. Such severance pay will only be used to compensate
Manager for such time that he is not gainfully employed in a comparable
position with another employer.
D. No severance pay will be provided if Manager's employment
is discontinued because of his conviction of a felony or commission of any
wrongful act involving personal gain to him, just cause, insubordination or
malfeasance."
Section 2. That Section 4 of the Agreement is hereby amended to read:
"4. SALARY
A. Effective January 4, 2011, District agrees to pay Manager for
his services rendered hereunder a base salary of One Hundred Fifty-Eight
Thousand One Hundred Eighty-Four Dollars ($158,184.00) 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 is
desirable and appropriate."
Section 3. That except as expressly modified herein, the terms and conditions of the
Agreement shall remain in effect and govern the rights of the parties.
(Signature Next Page)
General Manager First Amendment to Employment Agreement
Page 3 of 3
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
C /� irr
Presid nt Signature
Secretary
APPROVED A_C
S-TO'FORM:
District Counse