R2019-18 Resolution Authorizing Agreement and Appointing Interim City Manager

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13. DISABILITY. If Employee is unable to perform all of her duties and responsibilities essential to her position of Interim City Manager,as determined by the City Council, because of sickness,accident, injury,mental incapacity or il( health(herein "Disability"),she shall be eligible for"Disability Leave"after exhausting all accrued sick leave and vacation leave. Disability Leave shall be unpaid and may be approved by the City for a period of up to six(6)months. Disability Leave shall be dependent upon the length of disability as demonstrated by Employee. To determine Disability,the City shall have the right to have a medical examination(s)of Ernployee made at a reasonable time(s)by a physician selected by City. If Employee is unable to return to work at the end of a Disability Leave,City shall have the option to terminate the employment of Employee subject to requirements imposed in Section 16(b)of this Agreement. 14. ELIGIBILITY OF BENEFITS AFFORDED OTHER MANAGEMENT EMPLOYEES OF THE CITY. Except for the provisions of Sections 6 through 13 above, Ernployee shall receive the same employment benefits which are provided to other management employees of the City. 15. PUBLIC OFFICIAL LIABILITY INSURANCE AND REPRESENTATION BY LEGAL COIJNSEL. The City shall provide Employee with public official liability insurance in accordance with such provided for other officers of the City. In addition, if the Employee is named or made a party to any action, claim, or demand(collectively, herein"Claim"),except for criminal,traffic,misdemeanor,or petty offenses,which arise from her actions or conduct as an employee of the City,the City shall select and compensate an attorney who shall provide a defense for Employee,unless the City Council determines that said Employee was acting outside of the scope of her duties and responsibilities when engaged in the action or conduct which forms the basis of the Claim. 16. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the Parties with respect to Employee's appointment as Interim City Manager, supersedes all previous agreements both verbal and written with respect to the appointment, and there exist no inducements,promises,terms,conditions, or obligations made or entered into by either the City or Employee which are not expressly contained herein. The Parties agree that to the extent any statement, comment, or representation has been made which lie outside of this Agreement,the other of them did not rely upon such in any manner or fashion whatsoever. The Parties further agree that each has had the opportunity to utilize legal counsel of her or its own choosing, and has conducted investigation into the matters contained herein sufficient to satisfy said Party. The Parties further covenant and agree that neither of them enter into this Agreement under any duress, confusion, or misapprehension, but both Parties agree that they fully understand the terms hereof. This Agreement shall not be subject to amendment,alteration or modification unless such proposed amendment, alteration,or modification is reduced to a writing executed by both Parties. 17. HEADINGS AND RECITALS. The Parties agree that the headings which are utilized within this Agreement are for the convenience of the Parties alone,and such headings shall not increase,decrease,alter,or modify the terms of the language set forth herein. The Recitals are an integral part of this Agreement and are incorporated herein. 18. APPLICABLE LAW. This Agreement is entered into within the City of Decatur, County of Macon, State of Illinois, on the date first above-written, and said Agreement shall be subject to and interpreted and construed according to the laws of the State of Illinois. Any �•�.�e��,ra