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)UNTY OF FRESNO I
R.ESNO , CALIFORNIA
Agreement No . 18-009
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
WHEREAS, the undersigned public officer or employee is a party defendant in th
following action :
NAME OF CASE: Maximiano Becerra-Correa v County of Fresno, et al .
ACTION NO :17CECG03631 COURT: Fresno County Superior Court
WHEREAS , the undersigned officer or employee claims that the said actio
referenced above arose out of acts or omissions which, if they occurred at all , occurred withi
the course and scope of the officer's or employee 's employment with the County of Fresno or o
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 o
Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with sectio
825), Chapter 1, Part 2 , Division 2.6 of Title 1 of the Government Code and said County i
willing to conduct said defense subject to a reservation of its rights/non waiver agreement to th
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 you
employment.
Matters NOT COVERED by the County of Fresno under this Reservation o
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/ar
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 i
the facts of this case warrant:
1. Seek a declaration of rights and duties regarding its defense and/o
indemnity obligations ;
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
2 . Withdraw our defense and seek reimbursement for defense fees incurred i
defending claims which no potential for coverage;
3 . Seek reimbursement for any judgement or settlement paid by County o
Fresno on the ground that the sums were not paid in connection wit
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 th
allegations against you have merit. The County of Fresno is simply stating that th
claims, or a portion of them, may not be covered.
PLEASE NOTE: the Public Officer or Employee signing this document has th
right to seek advice of outside counsel/independent counsel at any time .
I, William Goossen, have read the above information and have had an opportunit
to ask questions. I am requesting that the County of Fresno undertake my defens
in the above-entitled action subject to a RESERVATION OF RIGHTS. I understan
that I have the continuing right to seek advice of outside/independent counsel a
any time and will advise the County of Fresno as soon as possible should I want t
do so.
Dated this ~ day of:l::,.nU010j . .Wl~ in the County of Fresno, State of California.
COUNTY OF FRESNO
APPROVED AS TO LEGAL FORM
DANIEL CEDERBORG,
COUNTY COUNSEL
By: -~-~__,._,__._J -'---v4_--=--------
Deputy
By fy.gr, Chai~oadolsupervisors
By 1!1"
PubiicoicerorEmployee
ATTEST:
BERNICE E . SEIDEL
Clerk to the Board of Supervisors
County of Fresno, State of California
By ,9usevn ~sb ~
Deuty