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EMPLOYMENT AGREEMENT

	This Employment Agreement ("Agreement") is effective as of September 15,
2009 between the City of El Segundo ("City") and David Cummings ("Cummings").

RECITALS

	Whereas Cummings 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 October 17, 2009, and concurrently
therewith terminate his current employment status with the City; and,

	Whereas the City desires to have Cummings continue to provide contractual
services as the Chief of Police for the City for the period of October 17, 2009 through
April 18, 2010 pursuant to the terms of this Agreement, based upon the experience that
Cummings 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 Cummings desires to continue functioning as Chief of Police for the City
on a contractual basis.

	Now Therefore, the City and Cummings do hereby covenant, agree and warrant as
follows:

	Section 1.  Term of Agreement.  During the term of this Agreement Cummings
shall be an "at-will" contractual employee of the City.  The Agreement shall be in effect
from October 17, 2009 through April 18, 2010 unless it is terminated prior to April 18,
2010 by the City Manager or City Council. The City Council or City Manager may by
written notice to Cummings, immediately terminate this Agreement and thereby
Cummings's contractual employee status with the City at any time, with or without
cause.

	Section 2.  Duties and Authority.  Cummings 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 by time by the City Manager. Additionally, Cummings shall
coordinate with the City Manager by January 1, 2010 an acceptable transition plan with
regard to the anticipated filling of the Chief of Police position beginning April 19, 2010.

	Section 3.  Hours and Compensation.  During his employment, Cummings 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 Cummings
shall devote an average of 36 hours per week to the performance of his duties. In no
event, shall Cummings work or be compensated for more than 960 hours during the
period of October 17, 2009 through April 18, 2010. Cummings shall be paid at the rate

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of $ 111 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. Cummings shall record all of his hours on a daily basis and
transmit such records to the Finance Department on a weekly basis. Cummings'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.  Cummings 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, Cummings shall be entitled to take up to 100 hours of
time off, for the period of October 17, 2009 through April 18, 2010, 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 the six month period.

	Section 5.  Vehicle Use.  During the term of this Agreement, the City shall
provide Cummings 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 Cummings 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 Cummings
against any claim or legal action arising out of any alleged act or omission occurring
within the scope of Cummings's employment as Chief of Police, except any action that
may be brought by PERS as set forth in Section 8.

	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 under certain circumstances for up to a total of 960 hours in any PERS fiscal
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 Cummings,
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 is in
accordance with these certain circumstances and will have no impact upon Cummings's
PERS’ retirement benefits. If a controversy arises between Cummings 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, Cummings first bring it to the attention of PERS and that Cummings

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thereby personally 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. Additionally, it is recommended that Cummings consult with his own legal
counsel regarding the terms and conditions of this Agreement, including this Section 8 of
this Agreement. Cummings hereby releases and holds harmless the City and its officials,
officers, employees and agents from and against any and all actions (including imposition
of costs, fines and penalties) that PERS may impose against Cummings arising from or
relating to this Agreement. This provision shall survive the termination of this
Agreement.

	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 Cummings.

	Section 11. Entire Agreement.  This Agreement reflects the entire understanding
of the City and Cummings with regard to Cummings'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
Cummings.

	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 SEGUNDO	DAVID CUMMINGS

[ Signature of Jack Wayt ]	[ Signature of David Cummings ]
__________________________	__________________________

Jack Wayt, City Manager	David Cummings

ATTEST:

[ Signature of Cathy Domann ]
__________________________

Cindy Mortesen, City Clerk

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APPROVED AS TO FORM:

[ Signature of Mark D. Hensley ]
__________________________

Mark D. Hensley, City Attorney

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