Item 32 - Affirm Approval of City Manager Employment Agreement

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14. Performance Evaluation. The City Council shall conduct a "mini" review and evaluate the performance of Nunez at the first regular meeting that is at least 120 days following the commencement of his job as City Manager. At least annually thereafter, the City Council shall conduct a review and evaluate the performance of Nunez in his role as City Manager in accordance with the City Charter. At the election of either Nunez or the City Council, the format of such evaluation shall be a facilitated evaluation conducted by a third -party facilitator that is mutually agreeable to both the City Council and Nunez, at the City Council's expense. If neither the City Council nor Nunez elect for a facilitated evaluation, the format of the evaluation shall be as determined by the City Council. The City Council shall provide Nunez with an evaluation of his performance based on criteria established by the City Council with the assistance of Nunez and/or the facilitator, if so elected. Nunez shall be provided an adequate opportunity to discuss his evaluation with the City Council. The annual evaluations are expected to take place within one month before or after the Anniversary Date, or at any other time as requested by Nunez. Notwithstanding the foregoing, the City Council may evaluate Nunez at any time. 16. Indemnification. In accordance with and consistent with applicable law, the City shall provide Nunez with a defense and indemnification, and shall hold Nunez harmless from and against any and all claims, actions, or causes of action of any kind for which Nunez may be held liable and which arise out of or relate to Nunez's performance of his job duties at City, in accordance with the requirements of the California Government Code. In addition and in accordance with and consistent with applicable law, the City shall defend, at the City's expense and with counsel of the City's choosing, any action, claim, or proceeding in which Nunez is named and which alleges actions on the part of Nunez, or failures to act, within the scope of the above -referenced indemnity obligation. Notwithstanding the foregoing, any funds provided for the legal criminal defense of Nunez, if such were authorized, shall be fully reimbursed to the City if Nunez is convicted of a crime involving an abuse of his office or position, in accordance with Government Code section 53243.1. This Section will survive the termination of the Agreement. 16. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Nunez, acting as City Manager of the City, under any law or ordinance. 5 5394.00000142495 009. l