A. In the event any Village officer or employee, including, but not limited to, the Village President, Trustees, Village Clerk, members of boards and commissions, police officers, firefighters and any other employee or appointed or elected official acting within the scope of his/her prescribed duties for the Village is caused to be sued, the Village agrees to defend, indemnify and hold harmless the officials and employees against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, settlements, costs and expense incurred, subject to any of the limitations set forth in this Section.
B. The Village President and Village Attorney, on behalf of the Village reserve the right to determine the final selection of legal counsel and disposition of any claims or lawsuits brought against any Village official, appointed or elected, or any of its employees, except in cases where the Village President, members of the Board of Trustees, or the Village Clerk are sued in their personal capacities, in which instance the members sued shall have the right to concur in or disapprove the choice of legal counsel made by the Village President and the Village Attorney.
It is further understood that any employee or elected or appointed official of the Village agrees to cooperate in his/her defense, as required by his/her appointed legal counsel; and failure to assist and cooperate in his/her defense may result in a waiver and withdrawal of all the covenants and promises set forth in this Section.
C. The provisions for defense and indemnification provided herein shall be limited in dollar amount for judgments, costs, settlements and awards all inclusive to the maximum dollar amount of the Village's self-insurance retention. In the event there exists commercial insurance coverage of any kind, said insurance shall be exhausted prior to application to the Village's self-insured retention.
D. The provisions for defense and indemnification herein shall not apply in cases where a court of competent final jurisdiction has found that a Village officer or employee, otherwise entitled to such defense and indemnification hereunder, has committed fraudulent, criminal or malicious acts or in cases involving the recovery of salary, wages, or interest or penalties thereon payable to any person by the Village.
E. Nothing contained herein is intended to or shall result in the waiver of any immunity by the Village, its officers and employees by the operation of the Local Government and Governmental Tort Immunity Act or any other statutes of the Village to avail itself of all defenses provided by said immunity statute on behalf of itself, its officers and employees. (Ord. 99-5-9, 5-18-1999)