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lo. Indemnification <br />The City shall defend, hold harmless and indemnify Manager against any tort, civil rights, <br />personnel, discrimination, professional liability claim or demand or other legal action, whether <br />groundless or otherwise, arising out of an alleged act of omission occurring in the performance <br />of Manager's duties in accordance with the provisions of California Government Code section <br />825. The Cityshall provide a defense in accordance with Government Code section 995. The <br />City may decline to defend and /or indemnify Manager only as permitted by the California <br />Government Code. The City may compromise and settle any such claim or suit and pay the <br />amount of any settlement or judgment therefrom. <br />11 Notices <br />Notices pursuant to this Agreement shall be in writing and served by mailing via the <br />United States Postal Service, first class postage prepaid, addressed as follows: <br />a. The <br />Mayor and City Council <br />City of San Leandro <br />Civic Center <br />835 East 14th Street <br />San Leandro, California 94577 <br />b. Maw <br />Chris Zapata <br />San Leandro, CA <br />Alternatively, notices required pursuant to this Agreement may be personally served in <br />the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the <br />date of personal service or as of the date of mailing of such written notice, postage prepaid, with <br />the United States Postal Service. <br />Q. Bondin <br />The City shall bear the full cost of any fidelity or other bond required under any law or <br />ordinance. <br />13. Performance Evaluations <br />The City Council shall review and evaluate the performance of Manager at least once <br />every year. At the time of each evaluation, performance goals shall be discussed that will be <br />used to assist in the evaluation of Manager's performance in the future. Manager will timely <br />place on the City Council agenda each year or as otherwise directed by the City Council, a <br />"closed session" for the purpose of his performance evaluation. <br />Agreement for Employment of City Manager <br />Between the City of San Leandro and Chris Zapata <br />Page 6 of 7 <br />