HomeMy WebLinkAboutRESOLUTIONS-1986-021-R-864/8/86
21-R-86
A RESOLUTION
Relating to Self -Insurance
•� WHEREAS, the City of Evanston has adopted a program of self- ;
�! insurance; and
i+ WHEREAS, the policy of the City of Evanston as heretofore
established by'Resolutions 73-R-76, 22-R-80 and 69-R-81 provides for the
indemnification and defense of all city officers (i.e., Mayor, Aldermen,
City Clerk, Members of Boards and Commissions) and employees who may be
subject to claims for liability 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 indeminifi-
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I� cation and defense would be available in the event that the City was covered
f' by comprehensive general liability auto insurance in the usual form, and
public officials liability; and
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!� WHEREAS, it is the desire of the City of Evanston to reaffirm
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said policy;
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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,
including but not limited to the Mayor, Aldermen,
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City Clerk, Members of Boards and Commissions, police officers, firemen, and
any other employee or appointed or elected official acting within the scope
of his/her prescribed duties for the City of Evanston is caused to be sued,
the City of Evanston agrees to defend, indemnify and hold harmless the
officials and.employees against all injuries, deaths, loss, damages, claims,
• 1; patent claims, suits, liabilities, judgments, settlements, costs and expenses
incurred, subject to any of the limitations set forth in this resolution.
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SECTION 2: That the Corporation Counsel and the City Manager, on
behalf of the City of Evanston, reserve the right to
j! determine the final selection of legal counsel and disposition of any
claims or lawsuits brought against any City official, appointed or elected,
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or any of its employees, except in cases where the Mayor, Members of the City
i Council or the City Clerk are sued in their personal capacities, in which
instance the members sued shall have the right to concur in or disapprove
I the choice of legal counsel made by the Corporation Counsel and the City
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Manager.
That it is further understood that any employee or elected or
appointed official of the City of Evanston agrees to cooperate in his/her
I. 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 resolution.
SECTION 3: That the provisions for defense and.indemnification
provided herein shall be limited in dollar amount for
i judgments, costs, settlements and awards all inclusive to the maximum dollar
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amount of the City of Evanston's self-insurance retention. In the event there
j exists commercial insurance coverage of any kind, said insurance shall be
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exhausted prior to application to the City of Evanston's self -insured
retention fund.
SECTION 4: The provisions for defense and indemnification herein
shall not apply in cases where a court of competent
final jurisdiction has found that a City officer or employee otherwise
entitled to such defense and indemnification hereunder has committed
fraudulent, criminal or malicious acts for the recovery of salary, wages,
or interest or penalties thereon payable to any person by the City of
Evanston.
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SECTION 5: Nothing hereincontained is intended to or shall result
• in the waiver of any immunity by the City of Evanston,
its officers and employees by the operation of the Local Government and
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21-R-86
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Governmental'Tort Immunity Act or any other statute of the City of Evanston i
to avail itself of all defenses provided by said immunity statute on behalf
of itself, its officers and employees.
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/J Mayor
ATTEST:
City Clerk
Adopted: 4�C �� 1986
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