HomeMy WebLinkAboutAgreement A-21-051 to Defend Public - Calvin Norman.pdfAGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
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COUNTY OF FRESNO
FRESNO, CALIFORNIA
WHEREAS, the undersigned public officer or employee is a party defendant in the
following action:
NAME OF CASE: Kevin Kester, et al. v County of Fresno, et al.
ACTION NO: 19CVP-0101 COURT: San Luis Obispo
Superior Court
WHEREAS, the undersigned officer or employee claims that the said action
referenced above arose out of acts or omissions which, if they occurred at all, occurred within
the course and scope of the officer’s or employee’s employment with the County of Fresno or of
a Judicial District thereof and were not the result of fraud, corruption or malice; and
WHEREAS, the undersigned officer or employee has requested that the County of
Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with section
825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County is
willing to conduct said defense subject to a reservation of its rights/non waiver agreement to the
full extent permitted in said provision of the Government Code.
Matters Covered Under this Reservation of Rights:
Ordinary negligence which occurred within the course and scope of your
employment.
Matters NOT COVERED by the County of Fresno under this Reservation of
Rights/Non-Waiver Agreement:
Any actions outside the course and scope of your employment.
Any actions within the course and scope of your employment that were/are
reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
malicious, arbitrary or capricious.
Punitive damages (which are not currently alleged in this case)
Pursuant to this agreement, the County of Fresno may take the following actions if
the facts of this case warrant:
1. Seek a declaration of rights and duties regarding its defense and/or
indemnity obligations;
Agreement No. 21-051
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
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2. Withdraw our defense and seek reimbursement for defense fees incurred in
defending claims with no potential for coverage;
3. Seek reimbursement for any judgement or settlement paid by County of
Fresno on the ground that the sums were not paid in connection with
covered claims;
4. The right to have separate verdict form at trial for non-covered claims;
5. The right to amend this agreement at a later time.
Please bear in mind that the County of Fresno is not in any way asserting the
allegations against you have merit. The County of Fresno is simply stating that the
claims, or a portion of them, may not be covered.
PLEASE NOTE: The Public Officer or Employee signing this document has the
right to seek advice of outside counsel/independent counsel at any time.
I, Calvin Norman, have read the above information and have had an opportunity
to ask questions. I am requesting that the County of Fresno undertake my defense in the above-
entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuing
right to seek advice of outside/independent counsel at any time and will advise the County of
Fresno as soon as possible should I want to do so.
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AGREEMENT TO DEF END PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 23rd day of February , 2021, in the County of Fresno, State of California.
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7 By:
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COUNTY OF FRESNO
(!_~ tJ&vm-~
Public Officer or Employee
11 •--------"'----"-------Steve Brandau, Chairman of the Board of
12 Supervisors of the County of Fresno
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ATTEST:
15 Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
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By: d~~
Deputy