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10. 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 City shall 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 City: <br /> Mayor and City Council <br /> City of San Leandro <br /> Civic Center <br /> 835 East 14th Street <br /> San Leandro, California 94577 <br /> • <br /> b. Manager: <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 /> 12. Bonding <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 6of7 <br />