(A) The city shall indemnify, hold harmless and defend or to incur the cost of defense of the members of the City Council, as such members or individually, and the officers and employees of the city from the payment of any sum or sums of money to any persons whomsoever on account of all claims, actions or suits growing out of injuries to persons or property from any act or omission of a member of the Council, a city official or city employee occurring within the scope of the individual's employment or official capacity.
(B) The indemnification offered by division (A) above, shall be applicable only to the extent that the liability insurance of the city does not provide coverage, and where any such claim or action is in excess of such liability coverage.
(C) No present or former members of the Council, officer or employee shall be required to pay any deductible or retention amount required by the liability insurance of the city.
(D) If any claim or action is instituted against any member of the Council or former member of the Council or any officer or former officer of the city or any employee or former employee of the city based on injury allegedly arising out of an act or omission occurring within the scope of his authority or employment as a Council member, officer or employee, the city shall do the following:
(1) Appear and defend against the claim or action;
(2) Indemnify him for his court costs incurred in the defense of such claim or action;
(3) Pay, or indemnify him for a judgment based on such claim or action; or
(4) Pay or indemnify him for, a compromise or settlement of such a claim or action.
(Ord. 695, passed 12-30-85)