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 arising from or related
to the performance of their duties with the City 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.