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for Employee under any law or City ordinance. <br />6.8 Flexible Spending Account. The City provides a Flexible Spending Account <br />("FSA") program at Employee's sole cost and expense (employee cost may be income tax <br />deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA <br />program include childcare, medical expenses not covered by insurance plan, orthodontic work, <br />and similar qualifying expenses. <br />6.9 Business Equipment. The City will provide to Employee any job -related personal <br />tools or equipment, such as a computer, desk, land -line phone, file cabinets, table and chairs, that <br />serve the professional development of Employee and/or is needed to perform Employee's <br />functions and duties. Upon termination, for any reason, Employee shall return all business <br />equipment to the City no later than Employee's last day of employment. The City shall provide <br />a City -owned cell phone for City -related business and functions during, before and after normal <br />work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly <br />service plan, insurance, and replacement due to normal wear and tear. Employee shall follow the <br />inventory control procedures for portable devices such as laptops and cell phones consistent with <br />control procedures for other City employees. Employee may opt to receive a cellular <br />telephone/smartphone stipend of one hundred dollars ($100) per month in lieu of device and <br />service plan provided by City. <br />6.10 Additional compensation. The City Council may authorize and grant to Employee <br />additional compensation and/or benefits in the future as may be deemed appropriate. Such <br />additional compensation or benefits shall be made a part of this Agreement by written <br />Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to <br />provide otherwise. <br />7. Indemnification. To the extent mandated by the California Government Code, the City <br />shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim <br />or demand, or other legal action arising out of an alleged act or omission occurring in the <br />performance of Employee's services under this Agreement. This section shall not apply to any <br />intentional tort or crime committed by Employee, to any action outside the course and scope of <br />Employee's employment, or any other intentional or malicious conduct or gross negligence of <br />Employee. <br />8. Other Terms - Conditions of Employment. The City Council, in consultation with <br />Employee, shall establish any such other terms and conditions of employment as it may determine <br />from time to time, provided such terms and conditions do not exceed the maximum salary and <br />benefits approved by the City Council and are reduced to writing and signed by Employee and the <br />Mayor of the City. <br />9. General Provisions <br />9.1 Entire Agreement. <br />This Agreement represents <br />the <br />entire Agreement and <br />understanding between <br />the Parties and supersedes any and <br />all <br />other agreements and <br />understandings, either oral <br />or in writing, between the Parties <br />with <br />respect. to Employee's <br />8 <br />LAca\ Agrcomcnts\Employmcnt Agreomonts\City Manegor\Chazies M. Duggan PrW 3.fmal.City Managcr Employment Agreement September 2022.domp <br />