AGREEMENT FOR PERSONAL SERVICES AND TION JATTER: This Agreement for Personal Services and Resolution of Employment (hereinafter, Agreement”) is entered into as of the 7 day of January, 2009, by and between the City of O'Fallon, Missouri (hereafter, the “City”) and Jerry Schulte (hereafter, “Schulte”). WHEREAS, Schulte has indicated a desire to retire from his position as Chief of Police with City’s Police Department as of January 9, 2009; and WHEREAS, the City wants to honor Schulte’s desire and wishes to express its appreciation in a tangible way for his long and faithful service, end WHEREAS, the City also wishes to have the advantage of Schutte’s experience and knowledge of the City and its Police Department in order to facilitate transition to new Department leadership, enhance continuity in the Department's accreditation effort, assist in inquiry into and analysis of Department operations and activities with a view to improving responsibility, accountability and service to O'Fallon residents, and share Schulte’s considerable institutional memory for the benefit of current and future Department leaders and members; and WHEREAS, both parties also want to be assured that all maters between them are addressed and resolved to their mutual satisfaction as they move into this new relationship; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Schulte and the City agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by this reference. 2. Resignation. The parties acknowledge and agree that Schulte has submitted, and the City has accepted, Schulte’s irrevocable notice of retirement and resignation as Chief of Police, effective January 10, 2009. Schulte will receive payment of his current salary through January 9, 2009. Thereafter, Schulte will be employed by the City in an advisory capacity to assist the City Administrator, through and including February 28, 2009, As an advisor to the City Administrator, Schulte shell provide such services as described generally in Paragraph 8 to this Agreement. ‘cone and Seta tatooa Sey Tempony ene POLK ee apereneDOCThe City vehicle used by Schulte shall be returned to the City by January 10, 2009. All other City-owned property {including any weapon, badge, telephone, or other property) shall also be returned to the City by January 10, 2009. Except as otherwise provided pursuant to this Agreement, Schulte shall not be entitled to any further salary, employee benefit or other employee compensation or remuneration after the effective date of his retirement, 3. Salary and Compensation. In his advisory role, Schulte shall receive payment for services consistent with the rate of his current reguiar salary. Payment for such advisory duties will commence on January 40, 2009, and shall continue through and including February 28, 2009. Payment of salary shall be made to Schulte in accordance with the regular saiary payment schedule of all employees of the City for the workweeks covered by the period of advisory employment by Schulte. However Schulte shall be eligible and shall receive any cost of living increase received by City employees from January i, 2009 to June 30, 2009. 4, Accrued Time Payment. The City and Schuite acknowledge that as of December 31, 2008, Schulte has 682.6 hours of accrued, but unused sick time and vacation time (“Paid Time Off"). Effective January 1, 2009, Schuite shall no longer accrue any additional hours of sick time or vacation time. Commencing March i, 2009, Schulte shall receive payment of his accrued, but unused, Paid Time Off, in pro rata instalments with the next regular salary peyment schedule for all employees of the City after March 1, 2009, and continuing thereafter with each regular salary payment date of the City through June 30, 2009. All payments provided pursuant to this subparagraph shall be net standard payroll deductions. 5. Health Insurance. The City and Schulte contemplate that Schulte will be treated as actively employed by The City In his advisory capacity through February 28, 2009. During this advisory period, Schulte shall be eligible to receive and shall participate in the group health plan provided to all employees of The City. From March 1, 2009 through and including June 30, 2009 the City and Schulte contempiate that he shall be eligible to receive and shall participate in the group health plan provided to all Employees of the City. The City shall pay such appropriate premiums pursuant to said program. 6. Retiree Health Coverage. The City presently provides eligible employees with the right to receive health insurance coverage in accordance with the terms of the plan, Effective with his date of retirement, June 30, 2009, Schulte shall be eligible to participate in the group health insurance coverage as a retiree consistent with the terms of the current plan and will be responsibie for the financial costs for such coverage in accordance with Coteus od Seige Sees engot vem PUSH ee ene. OOthe terms of the plan. Schulte shall be eligible to receive such retiree health coverage in the future so long as the group health insurance plan maintained by the City provides for retiree coverage in general and nothing in this Agreement obligates the City to maintain such coverage in the future. 7. Continuati P 5. While the City contemplates that Schulte will be able to remain covered under the group health Insurance plan as an active employee during the period of March 1, 2009, through June 30, 2009, the City retains the right to offer COBRA coverage. In the event the City is required to offer COBRA continuation coverage, nothing In this Agreement is intended to effect or limit the entitlement by Schutte to elect continuation of his group health plan coverage, to the full extent permitted by law. Schulte shall receive all information related to continuation of coverage, and except as otherwise provided pursuant to this Agreement, shall be financially responsible for continuation of group health plan coverage. In the event Schulte elects to continue his group medical health plan coverage, the City will pay the full monthly premium for that coverage until the earlier of: (J.) Schulte becoming eligible for group family medical coverage under another employer's group health insurance or benefit plan; or (ii.) June 30, 2009, After this period of continuation coverage paid by the City, Schulte may continue his coverage for the remainder of the term oF continuation as provided by the health plan upon payment of the applicable full monthly group premium. 8 LAGERS Retirement Benefits. As an employee of the City, Schulte is an eligible participant in the Missouri Local Government Employees Retirement System ("LAGERS”). The City shail report to LAGERS ail compensation paid to Schulte through June 30, 2008, either pursuant to Paragraphs 2, 3 or 4, and shall withhold and contribute all required LAGERS deductions from such payments. Any actual monthly retirement benefit received by Schulte after June 30, 2009, shall be determined solely by LAGERS and will be paid and distributed to Schulte in accordance with the terms of the LAGERS retirement plan. The City makes no representation to Schulte regarding the actual amount of the monthly retirement benefit that he will receive from LAGERS and Schulte acknowledges that he is not signing this Agreement based on any monthly retirement benefit amount that he believes he will ultimately recelve from LAGERS. 9. Advisory Duties. During the period of January 10, 2009, through and including February 28, 2009, Schulte shall be available to consult with the City Administrator on Police Department matters, and shail be assigned such reasonable duties and responsibilities as the City Administrator, in his sole discretion, shall direct from time-to-time. Such duties shall include, but ecient Loet etl epuny ema ks OLK piano bOC