Item 32 - Affirm Approval of City Manager Employment Agreement

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2. Term. a. Commencement and Term. This Agreement shall be effective as of August 6, 2024, which is the commencement date of Nunez's service as City Manager (August 6 shall hereinafter be referred to as the "Anniversary Date") and continued without interruption through August 5, 2027 ("Term"), unless terminated as provided in Section 3 herein. b. Renewal. On each of the Anniversary Dates in 2026, 2027 and 2028, respectively, this Agreement shall automatically renew for one (1) additional year (each automatic one (1)-year renewal shall be considered an extension of the Term), unless prior thereto, either (i) the Parties agree to enter into a formal, written amendment to mutually extend the Term of this Agreement for greater than a one (1)-year period, or (ii) the City Council notifies Nunez of its intent not to extend the Agreement for one additional year; provided, however, that in the event the City Council desires not to allow the automatic renewal of the Term of the Agreement, the City shall inform Nunez, in writing, no less than six (6) months prior to the end of the Term, as may have been from time to time extended in accordance with this Section. For the avoidance of doubt, this Section 3.b allows for two separate one-year renewals. 3. Termination, Resignation, and Severance Pay. a. At -Will. Nuhez's employment with the City is on an at -will basis. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate, by at least two-thirds (%) membership vote of the City Council, the services of Nunez without cause, at any time and without notice other than a duly -noticed City Council meeting agenda, and complying with Section 3A of this Agreement and the Santa Ana City Charter Section .500, as may from time to time be amended, unless waived in writing by Nunez. Notwithstanding the foregoing, Nunez may not be terminated under this provision for at -will termination by the City before or within a period of six (6) months following a municipal election (general, special, recall) or appointment at which one or more Council seats are contested on the ballot of such election (the "Election Cool -off Period"). For the avoidance of doubt, the City Council's decision during the Election Cool -off Period or otherwise to either (i) not renew, or provide notice of non -renewal of, the Agreement, as set forth in Section 2.b, above, or (ii) 55394.00000\42495009.1