[Ord. No. 2001-1222 §§1 — 9, 9-20-2001]
A. 
In addition to any existing insurance coverage, the City will defend and indemnify to the fullest extent allowed by law, subject to the limitations of the Constitutions of the United States and the State of Missouri, in any threatened, pending or completed civil claim, suit, action or proceeding, other than an action by or in the right of the City, its past, present or future City officials or officers, whether elected or appointed, employees or agents of the City, in both their official and individual capacities, against expenses, including attorney fees, judgments, fines and amounts paid in settlement or compromise, actually and reasonably incurred by him or her in connection with such civil action, suit or proceeding if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the City. The termination of any civil action, suit, or proceeding by judgment, order, settlement or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the City, except that no indemnification shall be made in respect to any civil action, suit or proceeding which such person shall have been finally adjudged by a judicial court of last resort to have acted maliciously, or to have acted outside the course and scope of their employment or services to the City.
B. 
Expenses incurred in defending a civil action, suit or proceeding may be paid by the City in advance of the final disposition of the action, suit or proceeding as authorized by the Board of Aldermen in the specific case upon receipt of an undertaking on behalf of the City official or officer, whether elected or appointed, employee or agent of the City, in both their official and individual capacities, to pay the expense of such action, suit or proceeding.
C. 
Any person seeking defense and indemnification from the City shall, in the event of any occurrence that might result in, and upon receipt of notice of, a claim, suit, action or proceeding, promptly notify in writing the Mayor of the City of the identity of the persons seeking defense and indemnification and also reasonably obtainable information with respect to the time, place and circumstance that give rise to the occurrence which may or has resulted in a claim, suit, action or proceeding, including the name and address of the injured party and of any witnesses.
D. 
The persons seeking defense and indemnification shall cooperate with the City in any investigation, defense, negotiation or compromise of any claim, suit, action or proceeding, even if any of the allegations are groundless, false or fraudulent, and the City may make such investigation and settlement of any claim, suit, action or proceeding as it deems expedient, but the City shall not be obligated to pay any claim or judgment or expense, including attorney fees, unless and until the benefits of any insurance, whether provided by the City or by the person seeking indemnification, have been exhausted and in no event in excess of one hundred thousand dollars ($100,000.00) for any one claimant or an aggregate of one hundred fifty thousand dollars ($150,000.00) for all claims arising out of and upon the same act or an aggregate of one hundred fifty thousand dollars ($150,000.00) during any one calendar year.
E. 
Any investigation, defense, negotiation or compromise covered by this Section shall be conducted by the City Attorney or by special counsel, appointed and approved by the Mayor with the consent of the Board of Aldermen consistent with Section 115.230 of the Code of Ordinances for the City of Frontenac, Missouri, who shall be compensated for legal services at an hourly rate no greater than that set for the City Attorney.
F. 
The City may, in its discretion, purchase and maintain insurance on behalf of the City or any person who is a past, present or future City official or officer, whether elected or appointed, employee or agent of the City, in their official and individual capacities, against claims or causes of action for property damage or personal injuries including death, caused while in the exercise of government functions.
G. 
The indemnification provided herein is intended for the personal enjoyment, protection and welfare of the City, past, present or future City officials or officers, whether elected or appointed, employee or agents of the City, in their official and individual capacities, as herein set forth and no such person can assign, sell, pledge, hypothecate or in any other manner anticipate or dispose of such right to indemnification; and no party recovering any such judgment, fines, amounts paid in settlement or compromise of a claim, cause of action, or expense including attorney fees, against a person eligible for indemnification can sue the City to recover or enforce any claim of indemnification.
H. 
Nothing herein shall be construed to broaden the liability of the City, past, present or future City officials or officers, whether elected or appointed, employees or agents of the City, in both their official and individual capacities, nor to abolish or waive any defense at law or in equity which might otherwise be available to the City, its past, present or future City officials or officers, whether elected or appointed, employees or agents of the City, in both their official and individual capacities.
I. 
The payment of such amounts as may be necessary for the benefit of any person covered hereby are deemed necessary and proper public purposes for which funds of this City may be expended.