Item 32 - Affirm Approval of City Manager Employment Agreement

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remuneration, except health benefits which will be continued, at the same level of City contribution provided Department head level employees (and at the same coverage election as at the time of termination), for the same period as the severance or until Nunez begins other employment, whichever occurs first. To receive Severance, Nunez must execute and deliver to the City a Settlement Agreement and General Release, in a form satisfactory to the City, within twenty-one (21) days of the date of notice of the At Will Termination and given by at least two-thirds (%) membership of the City Council. In the event Nunez elects not to sign the Settlement Agreement and General Release, Nunez will not be entitled to Severance. The term At Will Termination shall include Nunez's resignation, but only if it is preceded by a formal request by at least two-thirds (%) of the of the membership of the City Council that he resign and is outside of the termination period specified in Section 2.b. The term At Will Termination does not include any of the following circumstances, for which Nunez will not be entitled to Severance: (1) his employment is terminated by the Council at any time for cause (i.e., a For Cause Termination); (2) Nunez resigns or retires, except for a resignation as referenced in the immediately preceding sentence; (3) in the event of death, or due to a medical condition or disability, even with reasonable accommodations, Nunez cannot perform the essential functions of the employment position; or (4) his Agreement is not renewed and Nunez has received notice of non -renewal at least six (6) months' prior to the expiration of the Term, per Section 2.b. e. Effect of Payment of Severance/Release. i. It is understood and agreed by the Parties that Nunez is employed at will, and that upon commencement of the City's payment of Severance to Nunez, any right of Nunez to continued employment with City is terminated. The promise and tender of payment to Nunez, of any Severance payable herein, is in lieu of any damages which Nunez might claim arising out of the At Will Termination of the employment relationship between the Parties, including lost wages, breach of contract, express or implied, breach of covenant of good faith and fair dealing, emotional distress and anxiety, or any similar contractual and personal injury claims. ii. This Section does not otherwise affect, waive, nor release any other rights Nunez may have under this Agreement or applicable law. 55394.00000\42495009.1