CONTRACT 3846A - PERM Amendment CLOSEDAMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
( "AMENDMENT NO. 1") is entered into this 21st day of July, 2009, between the
City of El Segundo ( "CITY ") and Jack Wayt ( "EMPLOYEE ") with respect to that
certain EMPLOYMENT AGREEMENT entered into between the CITY and
EMPLOYEE on the 19th day of August, 2008 ( "AGREEMENT ").
The CITY and EMPLOYEE do hereby agree to amend the following
Sections of the AGREEMENT and replace such sections in their entirety with the
following language:
SECTION 3. TERMINATION OF EMPLOYMENT
(A) Through and including September 30, 2010, 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. In the event that EMPLOYEE is terminated for
cause pursuant to item (i) or (ii) of the preceding sentence, CITY shall only be
obligated to pay EMPLOYEE for unused executive, vacation and sick leave.
The CITY shall have the right to terminate this AGREEMENT without cause prior
to September 30, 2010, provided the CITY pays EMPLOYEE the lesser of (i) the
cash equivalent of 12 months of salary (not including benefits) or (ii) the cash
equivalent of the amount of salary (not including benefits) the EMPLOYEE would
receive if the EMPLOYEE were to remain employed by the CITY through and
including September 30, 2010. The CITY shall also have the right to terminate
this AGREEMENT with or without cause, at no cost to the CITY other than salary
and benefits due to the EMPLOYEE for the number of days the EMPLOYEE
works, so long as the AGREEMENT is terminated on October 1, 2010, or any
date thereafter by CITY 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 for unused executive,
vacation and sick leave as set forth in Section 3 (C);
(C) Upon any termination of this EMPLOYEE's employment, in addition
to amounts due EMPLOYEE, if any, as identified in subsection (A) above, 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 (as potentially modified by Section 4(C) below) and sick
leave, calculated at EMPLOYEE's rate of pay on the date of termination.
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SECTION 4. COMPENSATION
(A) EMPLOYEE's annual base salary is $210,000 which shall be paid
in equal bi- weekly payments. Effective October 1, 2004, EMPOYEES annual
salary shall be increased to $240,000. 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 of any type as such are exclusively
governed by Section 4 (A)), 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, except on January 1, 2010, EMPLOYEE shall be
credited for all vacation time that the EMPLOYEE would accrue for the time
period of January 1, 2010 through September 30, 2010 based upon the
assumption that EMPLOYEE will remain employed by the CITY during this entire
time period. In the event that EMPLOYEE service is terminated for any reason
during this time period, EMPLOYEE shall not be paid for any of such accrued
vacation time that was not utilized prior to EMPLOYEE's separation from the
CITY and EMPLOYEE shall be required to reimburse the CITY for any vacation
time utilized that would have not been normally been accrued by the EMPLOYEE
but for this special vacation accrual provision set forth in this subsection.
All of the other terms and conditions of the AGREEMENT shall remain in
full force and effect.
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CITY: EMPLOYEE:
ATTEST:
Cindy Morteien, Clerk
APPROVEDiA
Mark D. Hensley,
M:
ttorney J