Defense by Provo City of a suit against an officer, employee or volunteer is not an acknowledgment of liability. Notwithstanding the provisions of Sections 3.05.010 and 3.05.020, Provo City Code, Provo City reserves the right to not pay the judgment, compromise or settlement in any case unless it is established that the claim or cause of action arose out of an act or omission occurring during the performance of the duties of the officer, employee or volunteer acting within the scope of employment, duties, or under color of authority as an officer, employee or volunteer of Provo City.