(A) The city shall save harmless and indemnify all elected or appointed officials, officers and employees of the city from financial loss arising out of any claim, demand, suit or judgment for damages suffered as a result of any act, event or omission of action in the scope of employment of such officer or employee unless such officer or employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property; provided, however, that such indemnification shall not apply to any claim, demand, suit or judgment for punitive damages.
(B) The definition of an officer, as used in this section, shall include and not be limited to any appointed members of any board or committee created by the city, the City Attorney and any assistant city attorneys. For purposes of this section only, employees shall mean any regular, full-time or part-time employee of the city and any instructional or non-instructional employees governed by the City of Pembroke Pines Charter Schools and Early Learning Centers Handbook as established by Ordinance 1342, as amended.
(C) (1) The city does hereby undertake to bear the expense of providing for the defense of any city official, officer or employee, whether elective or appointed, and to specifically provide legal representation by the City Attorney, if possible, for any city official, officer or employee, whether elective or appointed.
(2) In providing for this defense, the city shall be responsible for all attorney fees and suit costs which shall include expenses through the appellate level in any legal action brought by any person, firm or corporation, other than the city, against any official, officer or employee, based upon acts taken or performed by city officials or employees in the performance of their official duties.
(D) The city specifically reserves unto itself the right to seek reimbursement of any legal fees or costs or other expenses paid by the city, or for the reasonable value of the legal services provided by the City Attorney in the event that a judge, jury, arbitrator, hearing examiner or other trier of fact makes a final determination, which is not subject to further appeal, that a city official, officer or employee, whether elective or appointive, was found to have committed a malicious, willful, or wanton act, or an act in bad faith or beyond the scope of the city official’s, officer’s or employee’s official duties or capacity.
(E) The indemnification and provision of legal counsel shall also be provided to all officials, officers and employees with regard to matters brought against such officials, officers or employees or which shall be prosecuted by such officials, officers and employees in the defense and maintenance of their position as may be provided for by F.S. Chapter 112, as amended, or such other applicable special or general law affecting the position and the muniment of office held by such official, officer or employee.
(Ord. 989, passed 3-4-92; Am. Ord. 1463, passed 10-15-03)