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Except as may be provided in any applicable municipal policy of insurance, or coverage document from any municipal insurance pool or entity, 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 such claims or litigation, and if a claim is deemed by the City Attorney to be a proper claim, or, if judgment is rendered against such an official or employee, such claim or judgment shall be paid by the City; provided, that:

(1) 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, and shall contain 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;

(2) 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;

(3) 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;

(4) 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; and provided, further, that in the event that a civil action is brought against any official pursuant to the provisions of the Public Disclosure Laws of the State of Washington, Chapter 42.17 RCW, and the official has been found to be in violation thereof and such finding is not appealed or such finding is upheld or affirmed through the appellate process, such official shall reimburse the City for any and all costs to the City, which costs were related to the furnishing of representation to such official, and the City shall have a claim against such official for any amount so expended.

(5) The claim or judgment arose out of the performance, purported performance, or failure of performance in good faith of duties for or employment with, the City of Pasco. [Ord. 3545 § 38, 2002; Ord. 2611 § 1, 1986; Ord. 1865 § 1, 1977; Code 1970 § 2.54.030.]