2008-76 AUTHORIZING AGREEMENT AND APPOINTING CITY MANAGER(RYAN P. MCCRADY)

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� � � + , j r � , , ,, � ' Additionally, should the Employee be named in any, or be made a party to, any lawsuit, litigation, cause of action,administrative proceeding before any court or administrative tribunal for I any claim,suit,demand,cause of action,allegation or assertion directed against the Employee in his capacity as City Manager for acts or omissions arising from the performance of his duties as City Manager, the City shall select and compensate an attorney who shall provide a defense to the Employee, unless the City Council determines that the Employee's actions (or omissions) from which said action, claim, demand, cause of action, allegation or assertion arises occurred while the Employee was acting outside the scope of his employment with the Cixy. 30. Oath and Bond. The Employee agrees to provi�e a bond, with surety, as required by § 5-3-9 of the Code (65 ILCS 5/5-3-9 (2008)). Customa� costs associated with the provision of said bond shall be borne by the City. �I At all times during the term hereof, the Employee shall maintai�,n said bond. 31. Council A�proval. The Employee understands that this Agreement shall be of no force and effect unless and until the Council approves the same upon a majority vote of a quorum of the Council present at a meeting wherein this Agreement is a subject. 32. Duties and Obligations of the Emplovee. During the period of employment as described herein, the Employee shall perform the duties and possess the responsibilities of City Manager for the City, together with all other such duties and responsibilities as the Council may reasonably assign to the Employee. Without limitation upon the foregoing duties and responsibilities,the Employee is required specifically to perform and provide written performance evaluations for all department leaders or department heads of the City on an annual basis, and such evaluations shall be completed at a time as may be required by the City. The Employee shall also reside within the corporate limits of the City at all times during which this Agreement is in effect. The Employee further understands that he may be called upon to report and advise the Council in a manner so as to permit the Council to perform its duties and responsibilities. In addition, the following duties and obligations are hereby imposed upon the Employee (which description shall not be construed or interpreted as an exclusive list of such duties and obligations), all of which shall be undertaken in good faith and reasonably by the Employee during any term of employment with the City: , (a) attend all regularly scheduled meetings of the Council, other bodies of the City as may be necessary or prudent, and direct and manage the various departments and business activities of the City in accordance with law and the policies and procedures of the City; -14-