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.