(a) To the extent not covered by insurance contracts in force from time to time, the city
shall indemnify, defend and hold harmless members of the board from all personal liability
for damages and costs, including court costs and attorneys' fees, arising out of claims,
suits, litigation, or threat of same, herein referred to as "claims", against these
individuals because of acts or circumstances connected with or arising out of their
official duty as members of the board. The city reserves the right, in its sole discretion,
to settle or not settle the claim at any time, and to appeal or to not appeal from
any adverse judgment or ruling, and in either event will indemnify, defend and hold
harmless any members of the board from the judgment, execution, or levy thereon.
(b) This section shall not be construed so as to relieve any insurance company or other
entity liable to defend the claim or liable for payment of the judgment or claim,
from any liability, nor does this section waive any provision of law affording the
city immunity from any suit in whole or part, or waive any other substantive or procedural
rights the city may have.
(c) This section shall not apply nor shall the city be responsible in any manner to defend
or pay for claims arising out of acts or omissions of members of the board which constitute
felonies or gross malfeasance or gross misfeasance in office.
