CONTRACT 3846 - PERM Other CLOSED3846 .
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ( "AGREEMENT ") is entered into this 19th
day of August, 2008, between the City of El Segundo ( "CITY ") and Jack Wayt
( "EMPLOYEE ").
SECTION 1. TERM
EMPLOYEE shall commence employment as city manager for CITY on October
1, 2008. Except as otherwise provided for in this AGREEMENT, EMPLOYEE's
employment with CITY shall be on an at -will basis and will continue until terminated as
provided in this AGREEMENT. Employee shall receive the authority from the California
Public Employees Retirement System ( "PERS ") to un- retire from the PERS retirement
system for purposes of being able to serve as the city manager of the CITY as provided
in this AGREEMENT. In the event that EMPLOYEE cannot un- retire from PERS prior to
October 1, 2008, then this AGREEMENT shall be null and void and neither party hereto
will have any rights or obligations under this AGREEMENT.
SECTION 2. DUTIES
EMPLOYEE shall perform to his best ability the duties and functions of the City
Manager, as defined by California state law and CITY Ordinances, Resolutions and
Personnel Rules and Regulations, including without limitation acting as the CITY's
highest ranking administrative officer and management employee, and shall perform
such other legally permissible duties and acts as City Council may direct from time to
time.
SECTION 3. TERMINATION OF EMPLOYMENT
(A) . Through and including September 30, 2009, CITY may only terminate
this AGREEMENT based upon (i) EMPLOYEE's willful misconduct, including without
limitation, intentionally failing to fulfill EMPLOYEE's duties set forth in SECTION 2 of the
AGREEMENT; or (ii) conviction of EMPLOYEE of a crime involving moral turpitude.
The City shall have the right to terminate this Agreement such that the Agreement is
terminated on October 1, 2009, or any date thereafter, with or without cause, by
providing EMPLOYEE 30 days prior written notice of its intention to terminate this
AGREEMENT;
(B) EMPLOYEE may terminate this AGREEMENT at any time upon thirty -
days written notice to the Mayor of CITY. EMPLOYEE shall not be entitled to any
compensation upon such a termination except as set forth in Section 3 (C);
(C) Upon any termination of this EMPLOYEE's employment, CITY shall pay
EMPLOYEE upon the effective date of such termination, an amount equal to the value
of the employee's accumulated, but unpaid and unused executive, vacation and sick
leave, calculated at EMPLOYEE's rate of pay on the date of termination.
3846•
SECTION 4. COMPENSATION
(A) EMPLOYEE's annual base salary is $210,000 which shall be paid in equal
bi- weekly payments. Any increase in compensation must be in a writing and signed by
the parties;
(B) CITY shall pay EMPLOYEE for professional membership dues and fees
and attendance at conferences as such may be budgeted by the CITY. EMPLOYEE
shall also be reimbursed upon presentation to CITY of verified receipts for sums
necessarily incurred by EMPLOYEE in the performance of EMPLOYEE's duties or as
otherwise budgeted for by CITY;
(C) EMPLOYEE shall be entitled to all other benefits of employment now in
effect (excluding salary increases which are governed by Section 4 (A) above and
deferred compensation benefits), or as hereafter approved by the City Council, which
are provided to other management employees of the CITY. EMPLOYEE shall accrue
executive, vacation and sick leave at the maximum rate provided for management
employees.
SECTION 5. ENTIRE AGREEMENT AND AMENDMENTS
CITY and EMPLOYEE acknowledge that no representation, inducement, promise
or agreement, oral or written, has been made or is being relied upon which is not set
forth in this AGREEMENT. This AGREEMENT supercedes all prior agreements with
respect to the subject matter hereof and, to the extent permitted by law, any and all
CITY Ordinances, Resolutions or Personnel Rules and Regulations of CITY that have
been or may be adopted. No amendment or modification to this AGREEMENT shall be
effective unless such is in writing and signed by the parties.
SECTION 6. EFFECT OF WAIVER/SEVERABILITY
Failure by either party to insist on strict compliance with any term or condition of
this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any
such failure be deemed a waiver of that right at any other time. If any provision of this
AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the
remaining provisions shall remain in full force and effect.
SECTION 7. EMPLOYEE REPRESENTATION
EMPLOYEE represents that he has reviewed this AGREEMENT and has had the
opportunity to consult with legal counsel of EMPLOYEE's own choosing with respect to
this AGREEMENT.
SECTION 8. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the
laws of the State of California and the venue for any legal action relating to this
3j
3846•...:
AGREEMENT shall be the Superior Court of the State of California, County of Los
Angeles.
SECTION 9. COUNTERPARTS
This AGREEMENT may be executed in counterparts, which counterparts shall
constitute the AGREEMENT.
IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be executed
on its behalf by its Mayor and duly attested by its City Clerk; and EMPLOYEE has
executed this AGREEMENT on the date first written above.
ATTEST:
%%& 7� e% , 1 l rjTj .
APPROVED AS TO FORM:
Mark Hensley, City Attorney
CITY:
By:
Kelly McDowell, ayor