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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 such claims or litigation and, if a claim is deemed by the city attorney to be a proper claim or if judgment be rendered against such an official or employee, such claim or judgment shall be paid by the city; provided, that:

A. 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 risk manager 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;

B. 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 risk manager, and shall cooperate with the city risk manager and 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;

C. 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;

D. 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. (Ord. 803, 1986)