The City of Kimmswick shall provide to its present past or future officers legal representation through its then City Attorney for the purpose of defending any of such officers in any action whereby liability is asserted against any of said officers as individual defendants for any actions, determinations, or activities performed by such officers in their official capacities. Provided, however, that the provisions of this Section shall not apply to any of the following officials or in any of the following situations:
1. Any liability asserted against any official of the City arising out of any vehicular collision involving the personal vehicle of such officer or any vehicle driven by such officer in a course of his/her municipal duties.
2. This Section shall not apply to any transaction performed by any officer of the City for any situation arising out of his/her non-official duties.