The purpose and intent of this article is to provide standards and to regulate the manner in which the City shall provide for the defense and indemnification of appointees, employees and officials in connection with legal actions filed against them, including cross-claims and counterclaims. The definition of an appointee, employee and official shall be liberally interpreted in order to effectuate the purpose and intent of the policy, except that these terms shall not mean:
A. 
Any legal entity which is not a natural person;
B. 
Any person while providing goods or services of any kind under any contract with the City except an employment contract;
C. 
Any person while providing engineering or legal services or related professional services for compensation unless that person is a full-time employee of the City; and
D. 
Any person who as a condition of his or her appointment or contract is required to defend and in the City or secure liability insurance.
A. 
The City shall provide for the defense and indemnification of any present or former appointee, employee or official who becomes a defendant in a civil action arising from any act or omission falling within the scope of their public duties.
B. 
The City shall provide for the defense and indemnification of any present or former appointee, employee or official who becomes a defendant in a civil action if the person involved:
(1) 
Acted or failed to act in the discharge of a duty imposed or authorized by law;
(2) 
Acted or failed to act in a matter in which the City has or had an interest; and
(3) 
Acted or failed to take action in good faith.
C. 
The City may provide for the defense of a present or former appointee, employee or official in any other action or proceeding, including criminal proceedings, if the governing body of the City concludes that such representation is in the best interest of the City and the person to be defended acted or failed to act in accordance with the standards set forth herein.
A. 
The City shall not indemnify any person against the payment of punitive damages, penalties or fines, but may provide for the legal defense of such claims in accordance with the standards set forth here.
B. 
The City may refuse to provide for the defense and indemnification of any civil action referred to herein if the governing body of the City determines that:
(1) 
The act or omission did not occur within the scope of a duty authorized or imposed by law;
(2) 
The act or failure to act was the result of actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; or
(3) 
The defense of the action or proceeding by the City would create a conflict of interest between the City and the person involved.
A. 
The City may provide for the defense pursuant to this policy by authorizing its Attorney to act on behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the City under any appropriate insurance policy that required the insurer to provide a defense.
B. 
Whenever the City provides for the defense of any action set forth herein and as a condition of such defense, the City may assume exclusive control over the representation of the person defended, and the person defended shall cooperate fully with the assigned counsel and the City.