Ordinance 2014-1676 - Laserfiche WebLink

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obligations under this Chapter shall be secondary to any insurance coverage carried by the board or commission for the benefit of the official. Further, these terms may include the "public employees" (as defined in the Colorado Governmental Immunity Act, Section 24 -10- 103(4), C.R.S.) of any other governmental entity provided the City has entered into an intergovernmental agreement with that governmental entity as authorized by Section 29 -1 -203, C.R.S., and the intergovernmental agreement provides that the other governmental entity may participate in the City's insurance program and such participation is approved by the City's insurer or is approved by the City in the case of self- insurance. However, the City's obligations to defend and indemnify the public employees of the other governmental entity under this Chapter shall be governed by the specific terms and conditions of the parties' intergovernmental agreement. Sec. 2.06.020. City's defense and indemnification obligations to employees. The City shall assume liability, to the extent permitted by law, for the payment of all defense costs, attorneys' fees, judgments and settlements of all civil claims, except those arising under contract, against any of its present or former public employees, whether or not the City itself is separately liable to the claimant, if all of the following circumstances exist: A. The claim against the employee arises from an act or omission of the employee occurring during the performance of the employee's duties and within the scope of the employee's employment with the City; B. The employee's act or omission was not "willful and wanton," that is, conduct purposely committed which the employee must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the person injured; C. The defense of sovereign or governmental immunity is not available under the Colorado Governmental Immunity Act to bar the claim against the employee (this circumstance, however, shall not apply to the City's obligation under this Chapter to pay the defense costs of its employees); D. The employee has not compromised or settled the claim without the consent of the City; E. If the civil claim is asserted in a lawsuit filed against the employee that does not name the City as a co- defendant, the employee has notified the City in writing about the lawsuit within fifteen (15) days after being served with the summons and complaint; F. The employee has not willfully and knowingly failed to notify the City of the incident or occurrence which led to the claim within a reasonable time after such incidence or occurrence, if such incidence or occurrence could reasonably have been expected to lead to a claim; and Ordinance No. 1676, Series 2014 Page 2 of 5