Chapter 1.47


1.47.010    Purpose of provisions.

1.47.020    Indemnification – Provided when.

1.47.030    Indemnification – Effective when.

1.47.040    Costs assumption when no coverage available.

1.47.050    Subsequent litigation.

1.47.010 Purpose of provisions.

It is in the best interest of the city to protect and hold harmless its councilmembers, its mayor and any of its other officers, employees, and agents from any action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, purported performance, or failure of performance, in good faith of duties for, or employment with such institutions and to hold these individuals harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims or proceedings. (Ord. 88-8 § 1, 1988).

1.47.020 Indemnification – Provided when.

Pursuant to the applicable statutes of the state of Washington and as part consideration for the service performed by the mayor, councilmembers, its other officers, employees and agents the city shall indemnify and hold harmless these persons and the other city personnel similarly involved from any expense connected with the defense or defenses or monetary judgment or judgments, or settlements on any cross-claims, claims, actions or proceedings arising out of litigation against the city or these individuals, including the Sparks litigation (cause number C88-154TB) and cases now or hereafter commenced and filed wherein any of the above named individuals are named as a defendant or defendants to the extent that such claims are not covered by insurance for defense costs or insurance that will pay all sums the defendant or defendants are legally obligated to pay. (Ord. 88-8 § 2, 1988).

1.47.030 Indemnification – Effective when.

The city shall hold harmless and provide indemnification in the nature of deductible and excess coverage over and above all insurance coverage for defense costs, judgments or claims which must be exhausted before this indemnification becomes effective. (Ord. 88-8 § 3, 1988).

1.47.040 Costs assumption when no coverage available.

In the event there is no insurance coverage for defense costs for any of the above individuals, or for payment or settlement of claims or judgments, the city shall assume the costs and burden of defense for the above individuals as well as the burden of payment of judgments or settlements that the above individuals may legally be obligated to pay. (Ord. 88-8 § 4, 1988).

1.47.050 Subsequent litigation.

The indemnification and hold harmless provided for in this chapter shall extend upon request to any subsequent litigation involving the above persons and personnel. (Ord. 88-8 § 5, 1988).