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55394.00000 \24406235.1 <br />RESOLUTION NO, 2016 -011 <br />A RESOLUTION OF THE SANTA ANA CITY COUNCIL <br />APPROVING AN AMENDED AND RESTATED CITY <br />MANAGER EMPLOYMENT AGREEMENT AND AFFIRMING <br />THE AWARD OF A PERFORMANCE BONUS. <br />WHEREAS, City of Santa Ana ( "City ") and David Cavazos ( "City Manager ") entered <br />into that certain Employment Agreement dated August 5, 2013 (hereinafter "Employment <br />Agreement'), whereby Employee agreed to serve as the City Manager of the City; and <br />WHEREAS, on or about September 2, 2014, the City and City Manager entered <br />into a First Amendment to the Employment Agreement (hereinafter "First Amendment'), <br />which amended certain provisions of the Employment Agreement, including provisions <br />related to a housing allowance and the term; and <br />WHEREAS, on or about January 20, 2015, the City and City Manager entered into <br />a Second Amendment to the Employment Agreement (hereinafter "Second Amendment'), <br />which amended certain provisions of the Employment Agreement, as amended by the <br />First Amendment, including provisions related to benefits; and <br />WHEREAS, the Employment Agreement provides that the City Council shall <br />conduct an annual performance evaluation of the City Manager; and <br />WHEREAS, the City Council conducted such evaluation and 1) awarded a <br />performance bonus of 5% and 2) appointed an ad hoc committee and the ad hoc <br />committee instructed the City Attorney to negotiate an amendment to the City Manager <br />Employment Agreement to address requests made by the City Manager; and <br />WHEREAS, the City Attorney prepared an Amended and Restated City Manager <br />Employment Agreement to restate the previous agreements and reflect the recent <br />negotiations; and <br />WHEREAS, the City Council has reviewed the Amended and Restated City <br />Manager Employment Agreement, a copy of which is attached hereto as "Exhibit A." <br />NOW, THEREFORE, BE IT RESOLVED, that the Santa Ana City Council does <br />hereby resolve as follows: <br />Section 1. The City Council hereby approves the Amended and Restated City <br />Manager Employment Agreement attached hereto and incorporated herein as "Exhibit <br />A" and authorizes the Mayor to execute the Amended and Restated City Manager <br />Employment Agreement. <br />Resolution No. 2016 -011 <br />Page 1 of 4 <br />