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CONTRACT 3485 Other CLOSED3485 EMPLOYMENT AGREEMENT This Employment Agreement ( "Agreement ") is effective as of July 1, 2005 between the City of El Segundo ( "City ") and John "Jack" Wayt ( "Wayt "). RECITALS Whereas Wayt has informed the City that he will be filing the necessary documents to commence receiving retirement benefits from the California Public Employees Retirement System ( "PERS ") as of July 1, 2005, and concurrently therewith terminate his current employment status with the City; and, Whereas the City desires to have Wayt continue to provide contractual services as the Chief of Police for the City for the period of July 1, 2005 through June 30, 2006 pursuant to the terms of this Agreement, based upon the experience that Wayt has in law enforcement, and particularly with the City, as the City believes such skills are of significant value to the City for the term of this Agreement; and, Whereas Wayt desires to continue functioning as Chief of Police for the City on a contractual basis. Now Therefore, the City and Wayt do hereby covenant, agree and warrant as follows: Section 1. Term of Agreement. During the term of this Agreement Wayt shall be an "at- will" contractual employee of the City. The Agreement shall be in effect from July 1, 2005 through June 30, 2006 unless it is terminated prior to June 30, 2006 by the City Manager. The City Manager may by written notice to Wayt, immediately terminate this Agreement and thereby Wayt's contractual employee status with the City at any time, with or without cause. Section 2. Duties and Authority. Wayt shall, and have the authority to, discharge those duties and responsibilities set forth in the City's job description for the Chief of Police, the El Segundo Municipal Code, and other applicable federal, state, and local laws and regulations; and, fulfill such other duties and responsibilities that are assigned to him from time to time by the City Manager. Additionally, Wayt shall coordinate with the City Manager by February 1, 2006 an acceptable transition plan with regard to the anticipated filling of the Chief of Police position beginning July 1, 2006. Section 3. Hours and Compensation. During his employment, Wayt shall devote such, time, interest and effort to the performance of this Agreement as is necessary to duly carry out his duties as Chief of Police. It is expected that Wayt shall devote an average of 36 hours per week to the performance of his duties. In no event, shall Wayt work or be compensated for more than 960 hours during the period of July 1, 2005 through December 31, 2005 or for more than 960 hours during the period of January 1, 2006 through June 30, 2006. Wayt shall be paid at the rate of $ 79.30 per hour, payable in bi- weekly payments (at the same time that City employees are regularly paid) which shall be subject to all applicable federal, state and local payroll withholdings and deductions. Wayt shall record all of his hours on a daily basis and transmit such records to the Finance Department on a weekly basis. Wayt's attendance at conferences and seminars that are normal and customary for chiefs of police, and which are approved in advance by the City Manager, shall be deemed working hours for purposes of this Agreement. Section 4. Benefits. Wayt shall not receive any benefits, including but not limited to medical, dental, sick leave, vacation time, etc., that are generally available to other City employees. However, Wayt shall be entitled to take up to 100 hours of time off for the period of July 1, 2005 through January 31, 2005, and up to 100 hours of time off for the period of time period of January 1, 2006 through June 30, 2006, as personal time to be utilized for whatever reason he chooses and submit such hours for payment as part of the 960 hours that he may compensated for during each such six month period. Section 5. Vehicle Use. During the term of this Agreement, the City shall provide Wayt with use of a City vehicle consistent with the terms and conditions under which the City ordinarily provides the Chief of Police with use of a City vehicle. Section 6. Expense Reimbursement. During the term of this Agreement, City shall reimburse Wayt for reasonable business expenses, including travel, parking, business meetings and professional dues associated with maintaining membership in law enforcement related professional organizations pursuant to the applicable provisions of El Segundo Municipal Code and City administrative policies. Section 7. Indemnification by City. In accordance with the California Government Code, the City shall defend, hold harmless and indemnify Wayt against any claim or legal action arising out of any alleged act or omission occurring within the scope of Wayt's employment as Chief of Police. Section 8. PERS Benefits. At the time this Agreement is entered into, Government Code Section 21224 allows a PERS retiree to perform contractual employee services for up to a total of 960 hours in any calendar year for all PERS contracting employers without being reinstated from retirement, and without loss or interruption of PERS retirement benefits. However, it is agreed and acknowledged by the parties that in making this Agreement available to Wayt, neither the City nor any of its elected or appointed officials, officers, employees or agents assures, represents, or guarantees that performance of the contracted -for services will have no impact upon Wayt's PERS' retirement benefits. If a controversy arises between Wayt and PERS regarding the impact of this Agreement and the services provided for herein upon the nature of PERS retirement benefits, the City shall have no obligation to intervene in or defend or prosecute such dispute notwithstanding the indemnification set forth in Section 7 of this Agreement. Accordingly, it is recommended by the City that prior to entering into this Agreement, Wayt first bring it to the attention of PERS and that Wayt thereby personally -3485 • . determine, what, if any, impact this Agreement and the performance of the services set forth herein, will or may have upon the employee's PERS' retirement benefits. Section 9 Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California and the Los Angeles County Superior Court shall be the venue for legal disputes arising out of or relating to this Agreement. Section 10. Joint Drafting. This Agreement shall be interpreted as though it was prepared by both the City and Wayt. Section 11. Entire Agreement. This Agreement reflects the entire understanding of the City and Wayt with regard to Wayt's contractual employment with the City and supersedes all prior written and oral understanding and agreements with respect thereto. This Agreement can only be amended in a writing signed by the City and Wayt. Section 12. Severability. Should any provision of this Agreement be deemed by a court of competent jurisdiction to be invalid or unenforceable such shall not effect the validity or enforceability of any other provision of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first hereinabove written. CITY OF EL SEGUNO ary tr , City Manager ATTEST: Cindy Mort en, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney JOHN "JACK" WAYT ck Wayt . R.