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Except as may be provided in any applicable municipal policy of insurance, the city attorney, or an attorney designated by the city attorney, shall, at the request and on behalf of any official or employee of the city, investigate and defend a claim which is within the provisions of this chapter and, if such claim is deemed by the city attorney to be a proper claim against such official or employee, then the same shall be paid by the city, provided that the following requirements are complied with:

1. The city attorney, or an attorney designated by the city attorney shall represent such official or employee;

2. In the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses;

3. Upon receipt thereof, the official or employee shall forthwith deliver any demand, notice, summons or other process relating to any such incident or conduct, to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city attorney and, upon request, assist in making settlements of any suits and in enforcing any claim for any right of subrogation against any persons or organization that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct;

4. Such officials or employees shall attend interviews, depositions, hearings and trials, and shall assist in securing and giving evidence and obtaining the attendance of witnesses; and

5. Such officials or employees shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage.

In addition, if the city attorney determines that a claim against an official or employee does not come within the provisions of this chapter and a court of competent jurisdiction finds that such claim does come within the provisions of this chapter, then the city shall pay the claim and reasonable attorney’s fees. And, if the city attorney determines that a claim against an official or employee does come within the provisions of this chapter and a court of competent jurisdiction finds that such claim does not come within the provisions of this chapter, then the city shall be reimbursed for any costs or expenses incurred in defending such claim. (Ord. 2733 § 5, 1979.)