A. The City shall provide legal defense and indemnification for any covered individual subject to a liability claim or special risk claim where a reasonable and good faith argument can be made that the civil liability of such individual arises from acts or omissions within the course and scope of the individual’s employment with the City or from authorized use of a City vehicle.

B. The City shall provide legal defense and indemnification to any covered corporation or covered City entity subject to a liability claim or special risk claim where a reasonable or good faith argument can be made that the civil liability of such corporation or entity arises from acts or omissions of such corporation or entity acting in furtherance of the scope of duties and responsibilities being performed for, on behalf of, or as authorized by the City. The City shall not provide defense or indemnification for or on behalf of any such corporation or entity against whom any claim is directed where the actual acts or activities giving rise to the claim were not within the duties or responsibilities of such corporation or entity acting for, on behalf of, or as authorized by the City.

C. The determination under this section of whether the City should provide a legal defense and indemnification shall be made by the City Attorney. Should the City Attorney later determine that the decision to provide legal defense or indemnification is no longer appropriate, the City Attorney shall take such appropriate steps as are consistent with the provisions of law and legal ethics to withdraw the legal defense and indemnification.

D. Should the City Attorney deny a legal defense or indemnification to a covered individual, covered corporation, or covered City entity, which decision is reversed by the City Attorney or subsequently ruled incorrect by a forum of competent jurisdiction, the City shall reimburse, at cost, those reasonable fees and expenses paid by the covered individual, covered corporation, or covered City entity exclusively related to the defense of liability claims and special risk claims for which a legal defense and indemnity incorrectly were denied. (Ord. No. G-3536, § 1; Ord. No. G-4186, §§ 1, 2, 1999; Ord. No. G-4408, §§ 10, 11, 2002; Ord. No. G-5618, 2011)