HomeMy WebLinkAboutRESOLUTIONS-1986-026-R-864/ )/86
4/10/86
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!, 26-R-86
I A RESOLUTION
Relating to Self -Insurance
WHEREAS, the.Board of Trustees of Evanston Township
•� has adopted a program of self-insurance; and
j WHEREAS, it is the policy of Evanston Township to
(i defend and indemnify all officers and employees to the same
extent that such indemnification and defense would be available
in the event that the Township was covered by comprehensive
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general liability auto insurance in the usual form, and public
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officials liability; and
WHEREAS, it is the desire of Evanston Township to
f reaffirm said policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON,.COOK COUNTY, ILLINOIS:
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SECTION 1: That in the event any Township
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,
appointed or elected officer or employee,
`4 including but not limited to Township Supervisor, and any other
employee pr appointed or elected official acting within the
scope of his/her prescribed duties for the Township is caused
to be sued, the Township agrees to defend, indemnify and hold
harmless the officials and employees against all injuries,
i deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, settlements, costs and expenses
incurred, subject to any of the limitations set forth in this
resolution.
i SECTION 2: That the Township Counsel and the
Township Supervisor, on behalf of the
Township, reserve the right to determine the final selection of
legal counsel and the disposition of any claims or lawsuits
brought against any Township official, appointed or elected, or
• any of its employees, except in cases where the members of the
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Board of Trustees are sued in their personal capacity, in which
instance the members sued shall have the right to concur in or
disapprove the choice of legal counsel made by the Township
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Counsel and Township Supervisor.
That it is further understood that any employee or
elected or appointed official of the Township 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 resolution.
SECTION 3: That 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 City
of Evanston's self -insured retention. In the event there
exists commercial insurance coverage of any kind, said
insurance shall be exhausted prior to application to the City
of Evanston's self -insured retention fund.
SECTION 4: The provisions for defense and indemni-
fication herein shall not apply in cases
where a court of competent final jurisdiction has found that a
', Township officer or employee otherwise entitled to such defense
and indemnification hereunder has committed fraudulent,
criminal or malicious acts or for the recovery of salary,
wages, or interest or penalties thereon payable to any person
by Evanston Township.
SECTION 5: Nothing hereincontained is intended
to or shall result in the waiver of an
immunity on the Township, its officers and employees by the
operation of the Local Government and Governmental Tort
Immunity Act or any other statute of Evanston Township to avail
itself of all defenses provided by said immunity statute on
behalf of itself, its officers lai d employees'.
Mayor
• ATTEST:
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City Clerk
Adopted: �.� �z2/f/ , 1986.
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