24-3408 Restating Employment Agreement between the City and City Manager James R. Newlon

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termination shall be deemed a termination without cause, and the provisions of 8.b. will apply. d. Severance Salary Pay will not be paid if the City Manager voluntarily resigns or retires from employment. 10. PERFORMANCE EVALUATION. The City, acting through the City Commission, shall annually review and evaluate the performance of the City Manager during the first quarter of each fiscal year. The review shall be subject to a process, form, criteria and format for the evaluation which shall be mutually agreed upon by the City Commission and the City Manager. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet, discuss and finalize each evaluation, and (3) present a written summary of all evaluation results. 11. PROFESSIONAL ASSOCIATIONS AND DEVELOPMENT. A. The City agrees to budget and pay for ordinary professional dues and subscriptions of the City Manager which are necessary for his participation in national, regional, state and local associations, and organizations necessary and desirable for his continued professional participation, growth and advancement. B. The City agrees to budget and pay for travel and lodging expenses of the City Manager, pursuant to City policy as may be amended from time to time, while on authorized City business or while attending functions as the representative of or on behalf of the City. C. The City agrees to budget and pay for travel, lodging and registration expenses of the City Manager, pursuant to City policy as may be amended from time to time, for short courses, institutes, and seminars that are necessary for his professional development and for the benefit of the City. 12. INDEMNIFICATION. The City shall defend, hold harmless and indemnify the City Manager against any tort, professional liability claim, demand, or other legal action, whether groundless or otherwise, arising from any act, either alleged or real, or omission to act which may occur within the scope of the City Manager's employment and performance as City Manager, to the extent allowed by law. The City may compromise and settle any claim or suit and pay the amount of any settlement or judgment rendered thereon, together with attorney's fees associated therewith. This covenant shall not apply to awards of punitive damages, except where said awards are based on acts arising out of the good faith performance of City Manager's duties. 13. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. 14. NO REDUCTION OF BENEFITS. The City shall not, at any time during the term of this Agreement, reduce the salary, compensation, or other financial benefits of the City Manager, except to the degree of such an across-the-board reduction applies to all other employees of the City. At no time shall the City Manager's retirement plan, deferred compensation benefits, or accrued annual, sick or compensatory leave time be reduced. 15. SEVERABILITY. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, 5