Term and Maximum Compensation 1.4.1. The term of this CONTRACT is for three (3) years, commencing upon Board of Supervisor approval, with a maximum allowable compensation of one million, five hundred thousand dollars ($1,500,000), with the option to renew for two (2) additional years, with Board approval; except as permitted in Paragraph 1.5 below.
Extra Compensation The Board shall pay no fees, other than described above, to the PA/E unless authorized by the Board as follows:
A. If the scope of the Project or site is changed, the Board and the PA/E shall negotiate a reasonable fee based upon the probable estimated construction cost in changing the scope of the work and the approximate percentage of the estimated construction cost which was used to negotiate this Agreement if, and, as such may be applicable.
B. If the DOE or Board requires the PA/E to make major or costly changes to the Schematic, Preliminary or Construction Document Phase submittals, which changes are not caused by architectural or engineering error or oversight, the PA/E shall be paid to redesign for additional expenses in an amount agreed to by the parties. Under no circumstances will the principals of the PA/E and the principals of his consultants be paid a fee in excess of $125.00 per hour.
Employee Contributions Any member of the bargaining unit who is hired on or after September 1, 2010 is eligible to make a voluntary contribution to the City=s Deferred Compensation Plan offered by Ameritas.
Employee Contribution Eligible employees shall contribute one percent (1%) of their salary on a per pay period basis to the HCSP.
Basic Compensation (a) SALARY. Executive will be paid an annual base salary of $115,000.00, subject to adjustment as provided below (the "Salary"), which will be payable in equal periodic installments according to Employer's customary payroll practices, but no less frequently than monthly. The Salary will be reviewed by the Board of Directors not less frequently than annually, and shall be increased on each anniversary of the Effective Date during the term hereof by an amount equal to not less than ten percent (10%) of the prior year's base salary.
Salary and Bonus Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
Overtime Compensation 1. Except as provided in this section, Grantee will be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee’s normal rate of pay for hours worked in excess of normal working hours.
2. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions:
i. With the prior written approval of System Agency;
ii. Temporarily, in the case of an emergency or an occasional operational bottleneck;
iii. When employees are performing indirect functions, such as administration, maintenance, or accounting;
iv. In performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or
v. When lower overall cost to System Agency will result.
Separation Allowance If a regular full-time or regular part-time employee resigns within thirty (30) days of receiving notice of layoff, the employee shall be entitled to a separation allowance of two (2) weeks for each year of continuous service to a maximum of (26) weeks pay, and, on production of receipts from an approved educational program, within twelve (12)months of resignation, may be reimbursed for tuition fees up to a of three thousand dollars ($3,000). The displacement procedure prescribed by Article shall not operate to permit more than two displacements and the third person so displaced shall only have the right to displace another employee who has lesser bargaining unit and who is the least senior employee in all lower or identical paying classifications in the bargaining unit. This will also apply to bumping into part-time which will mean another two (2) bumps provided that the full-time employee has more seniority. The Hospital shall give each employee the bargaining unit who has actually been laid off following the completion of the bumping process, and who is to be laid off for a period of more than thirteen (13)weeks, three (3)months notice in writing of the employee’s xxx-xxxxx at the discretion of the Hospital, pay in lieu of notice. In other cases of lay-off, that exceeds two weeks, the shall give an employee in the bargaining unit acquired one weeks notice, provided however, such notice shall not be required if the lay-off occurs because of emergencies. For example: power failure, act of God, equipment breakdown, or any other conditions beyond the reasonable control of the Hospital. Article as long as there is not a laid off senior employee who is eligible for an employee who is laid off, or an employee who has displaced an employee in another position as a result of the layoff, or an employee to work in a different position than the one the employee held prior to the layoff, be entitled to to the position the employee held prior to the layoff should it become vacant within twenty-four (24) months of the layoff, provided the employee remains qualified and able to the duties of the position. Employees who have been laid off (i.e. are no longer in the Hospital) for up to (24) calendar months shall be recalled to or lower-rated classifications in the order of their seniority, provided they have the qualifications and ability to perform the available work and this not require posting. The hospital shall notify the employee of recall by registered mail, addressed to the last address on record with the hospital. The notification shall state the job to which the employee is eligible to be and the date and time at which the employee is to report for work. An employee given notice of recall by registered have three (3) days after receipt of such notice to the employee's intention, in to return to work on the date specified by the Employer or another date as mutually agreed. Any employee who does not so shall be deemed to have ceased with the Employer. The Employer be entitled to rely, for ail purposes, on the latest address of the employee contained in the records of the Employer. No new employee shall be hired in a in which a layoff has taken place employees laid off from that classification or displaced out of the classification who have been laid off or displaced for up to twenty-four (24) calendar months and are eligible for recall as prescribed in this article have been given the opportunity to to work in the classification from which the employees were laid off or displaced.
Elective Deferrals (a) The Committee may establish procedures pursuant to which Employee may elect to defer, until a time or times later than the vesting of a Performance Share Unit, receipt of all or a portion of the shares of Common Stock deliverable in respect of a Performance Share Unit, all on such terms and conditions as the Committee (or its designee) shall determine in its sole discretion. If any such deferrals are permitted for Employee, then notwithstanding any provision of this Agreement or the Plan to the contrary, an Employee who elects such deferral shall not have any rights as a stockholder with respect to any such deferred shares of Common Stock unless and until the date the deferral expires and certificates representing such shares are required to be delivered to Employee. The foregoing notwithstanding, no deferrals of Dividend Equivalents related to any Performance Share Units under this Award will be permitted. Moreover, the Committee further retains the authority and discretion to modify and/or terminate existing deferral elections, procedures and distribution options.
(b) Notwithstanding any provision to the contrary in this Agreement, if deferral of Performance Share Units is permitted, each provision of this Agreement shall be interpreted to permit the deferral of compensation only as allowed in compliance with the requirements of Section 409A of the Internal Revenue Code and any provision that would conflict with such requirements shall not be valid or enforceable. Employee acknowledges, without limitation, and consents that application of Section 409A of the Internal Revenue Code to this Agreement may require additional delay of payments otherwise payable under this Agreement. Employee and the Company further hereby agree to execute such further instruments and take such further action as reasonably may be necessary to comply with Section 409A of the Internal Revenue Code.
Overtime Pay Overtime pay shall be paid to the employee on the next paycheque after the expiration of the pay period in which the overtime was earned except as provided in Article 16.6 (Compensating Time Off) below.
