HomeMy WebLinkAboutRESOLUTIONS-1981-069-R-819
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12/2/81
69-R-81
A RESOLUTION
Relating to Self -Insurance
WHEREAS, the City of Evanston has adopted a program of self-
!I insurance; and
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j WHEREAS, the policy of the City of Evanston as heretofore established
li by Resolutions 73-R-76 and 22-R-80 'provide for the indemnification and defense
i of all city officers and employees who may be subject to claims for liability
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!i arising out of acts undertaken in the scope of their duties; and
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WHEREAS, it is the policy of the City of Evanston to defend and
indemnify all officers and employees to the same extent that such indemni-
fication and defense would be available in the event that the City was
�! covered by comprehensive liability insurance in the usual form; and
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policy;
WHEREAS, it is the desire of the City Council to reaffirm said
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That in the event any City officer or employee, in-
eluding but not limited to, police officers, firemen
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and any other person acting within the scope of their duties on behalf of
`! the City of Evanston shall be named a defendant in any suit in law or in
l� equity or otherwise be required to defend their acts as said officer or
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employee, the City shall defend such officer and employee, and in the event
that any judgment or award against such officer or employee is assessed by
I� any court of competent jurisdiction, the City shall pay such judgment or
I� award and otherwise.indemnify said officer or employee for all costs, damages,!
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and judgments incurred, subject to the limitations of this and all other
�; sections. The City shall by its own law department, or by such counsel as may
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be approved and designated by the law department, provide a legal defense
without cost to any officer or employee who shall be named a defendant in any
�i suit in law or equity or administrative proceeding because of acts arising
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out of said officer's or employee's official duties:
SECTION 2: That the provisions for defense and indemnification
provided herein shall be limited in dollar amount
for judgments, costs and awards all inclusive to the maximum dollar amount
of the City's self -insured retention where there is no other additional
or excess commercial insurance coverage. In the event that there is addi-
tional or.excess commercial insurance coverage, the defense and indemnification
shall be limited in dollar amount for judgment costs and awards all inclusive
i to the maximum.dollar amount of such coverage in force and effect at the
time of the actions being defended.
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SECTION 3: The provisions for defense and indemnification herein
II shall not apply to fraudulent, criminal or malicious
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acts or to recovery of salary, wages, back salary or wages or interest or
penalties thereon payable to any person by the City of Evanston.
SECTION 4: It is the intent and policy of the City to insure the
officers and employees of the City .of Evanston of the
continued acceptance by the City of its responsibilities to defend all
officers or employees for any acts or activities undertaken in the scope of
their employment and to pay all judgments, costs and awards which may be
assessed against them by reason of their official duties.
SECTION 5: Nothing hereincontained is intended to or shall result
in the waiver of an immunity bestowed on the City of
Evanston, its officers, and employees by. the operation of the local govern-
ment and governmental employees tort immunity act or any other statute of
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69-R-81
the City of Evanston to avail itself of all defenses provided by said
immunity statute on behalf of itself; its officers and er,ployee5,.
SECTIOfd 6: This Resolution shall be in full force and effect
from and after its passage and approval in the manner
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provided by law.
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ATTEST:
City Clerk
(' Adopted: o? 198 / .
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