(A) To the extent not covered by insurance contracts in force from time to time, the city shall indemnify and hold harmless members of the board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation or threat of same, herein referred to as "claims," against such individuals because of acts or circumstances connected with or arising out of their official duties as members of the board. The city reserves the right, in its sole discretion, to settle or not settle the claim at any time and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify and hold harmless any members of the board from the judgment, execution or levy thereon.
(B) This section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim from any liability, nor does this section waive any provision of law affording the city, the board or the trustees immunity from any suit in whole or part, or waive any other substantive or procedural rights they may have.
(C) This section shall not apply to claims arising out of acts or omissions of members of the board that constitute felonies or gross malfeasance or gross misfeasance in office.
(Ord. 2000-15, passed 5-5-00)