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A. Except as otherwise determined pursuant to BMC 2.25.030, in no event shall protection be offered under this chapter by the city to:

1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee;

2. Any act or course of conduct of an official or employee which is not performed on behalf of the city;

3. Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; and/or

4. Any lawsuit brought against an official or employee by or on behalf of the city;

5. Any act or omission contrary to or not in furtherance of any adopted city policy;

6. Any liability or property damage incurred as a result of employee use of personal vehicle on city business, unless the employee has on file with the city proof of current and valid auto bodily injury and property damage liability insurance. The employee’s insurance shall be primary and the city’s insurance or other obligation pursuant to this chapter shall be in excess of the employee’s insurance.

B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured from whatever source against loss or damages; provided, that the provisions of this chapter shall apply in the event the loss or damages fall within the deductible or exclusion(s) of the city’s applicable insurance policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance whether owned by or otherwise applicable to any official or employee. The city shall have the right to require an employee to fully utilize any such policy protection prior to requesting the protection afforded by this chapter. (Ord. 1505 § 1, 1993).