HomeMy WebLinkAboutRESOLUTIONS-1990-046-R-90f
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46-R-90
A RESOLUTION
Relating to Self -Insurance
WHEREAS, the City of Evanston has adopted a program of
self-insurance; and
WHEREAS, the policy of the City of Evanston as heretofore
established by Resolutions 73-R-76, 22-R-80, 69-R-81, and 21-R-86 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
WHEREAS it is the policy of the City of Evanston to defend and
indemnify all officers and employees to the same extent that such
indemnification and defense would be available in the event that the City
..was covered by comprehensive general liability auto insurance in the usual
form, and public officials -'liability; and
WHEREAS, it is the desire of the City of Evanston to reaffirm
said policy:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, IUINOIS:
SECTION I: That in the event any City officer or employee,
including but not limited to the Mayor Aldermen, City
Clerk, Members of Boards and Commissions, police officers, firemen,
physicians employed in the Health,Department, 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, patent claims, suits,
liabilities, judgments, settlements, costs and expenseslincurred, subject to
any of the limitations set forth in this resolution. ;
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46-x-90
SECTION 2: That the Corporation Counsel and the City Manager, on
behalf of the City of Evanston, reserve the right to
determine the final selection of legal counsel and disposition of any claims
or lawsuits brought against any City official, appointed or elected, or any
of its employees, except in cases where the Mayor, Members of the City
• 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
the choice of legal counsel made by the Corporation Counsel and the City
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
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, cost, settlements and awards all inclusive to the maximum dollar
• amount of the City of Evanston'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 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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46-R-90
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 Governmental Tort Immunity Act or any other statute of the
City of Evanston to avail itself of all defenses provided by said immunity
statute on behalf of itself, its officers and employees.
ATTEST: r
City Clerk
Adopted• 1990
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Mayor
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