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55394.00000\42495009.1 <br /> <br />reasonable expenses which are submitted to the City Council within thirty (30) days of <br />occurrence for approval and which are supported by expense receipts, statements or <br />personal affidavits, and an audit thereof in like manner as other demands against the City. <br />For the avoidance of doubt, this paragraph is intended to apply to business expenses that <br />Nuñez himself directly incurs in performance of his job duties. <br />14. Performance Evaluation. The City Council shall conduct a “mini” <br />review and evaluate the performance of Nuñez at the first regular meeting that is at least <br />120 days following the commencement of his job as City Manager. At least annually <br />thereafter, the City Council shall conduct a review and evaluate the performance of Nuñez <br />in his role as City Manager in accordance with the City Charter. At the election of either <br />Nuñez or the City Council, the format of such evaluation shall be a facilitated evaluation <br />conducted by a third-party facilitator that is mutually agreeable to both the City Council <br />and Nuñez, at the City Council’s expense. If neither the City Council nor Nuñez elect for <br />a facilitated evaluation, the format of the evaluation shall be as determined by the City <br />Council. The City Council shall provide Nuñez with an evaluation of his performance <br />based on criteria established by the City Council with the assistance of Nuñez and/or the <br />facilitator, if so elected. Nuñez shall be provided an adequate opportunity to discuss his <br />evaluation with the City Council. The annual evaluations are expected to take place within <br />one month before or after the Anniversary Date, or at any other time as requested by <br />Nuñez. Notwithstanding the foregoing, the City Council may evaluate Nuñez at any time. <br />15. Indemnification. In accordance with and consistent with applicable <br />law, the City shall provide Nuñez with a defense and indemnification, and shall hold <br />Nuñez harmless from and against any and all claims, actions, or causes of action of any <br />kind for which Nuñez may be held liable and which arise out of or relate to Nuñez’s <br />performance of his job duties at City, in accordance with the requirements of the California <br />Government Code. In addition and in accordance with and consistent with applicable law, <br />the City shall defend, at the City’s expense and with counsel of the City’s choosing, any <br />action, claim, or proceeding in which Nuñez is named and which alleges actions on the <br />part of Nuñez, or failures to act, within the scope of the above-referenced indemnity <br />obligation. Notwithstanding the foregoing, any funds provided for the legal criminal <br />defense of Nuñez, if such were authorized, shall be fully reimbursed to the City if Nuñez