HomeMy WebLinkAboutAgreement A-20-138 with Defend Public Officers or Employees.pdf Agreement No. 20-138
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
1 WHEREAS, the undersigned public officer or employee is a party defendant in the
2 following action:
3 NAME OF CASE: Saira Ramos, et al. v County of Fresno, et al.
4 ACTION NO: 19CECGO2826 COURT: Fresno Superior
Court
5
6 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
8 the course and scope of the officer's or employee's employment with the County of Fresno or o
9 a Judicial District thereof and were not the result of fraud, corruption or malice; and
10 WHEREAS, the undersigned officer or employee has requested that the County o
11 Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with section
12 825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County i
13 willing to conduct said defense subject to a reservation of its rights/non waiver agreement to the
14 full extent permitted in said provision of the Government Code.
15 Matters Covered Under this Reservation of Rights:
16 Ordinary negligence which occurred within the course and scope of you
17 employment.
18 Matters NOT COVERED by the County of Fresno under this Reservation o
19 Rights/Non-Waiver Agreement:
20 • Any actions outside the course and scope of your employment.
21 . Any actions within the course and scope of your employment that were/are
22 reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
23 malicious, arbitrary or capricious.
24 • Punitive damages (which are not currently alleged in this case)
25 Pursuant to this agreement, the County of Fresno may take the following actions i
26 the facts of this case warrant:
27 1. Seek a declaration of rights and duties regarding its defense and/or
28 indemnity obligations;
1TY OF FRESNO
NO, CALIFORNIA
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 in
2 defending claims with no potential for coverage;
3 3. Seek reimbursement for any judgement or settlement paid by County o
4 Fresno on the ground that the sums were not paid in connection with
5 covered claims;
6 4. The right to have separate verdict form at trial for non-covered claims;
7 5. The right to amend this agreement at a later time.
8 Please bear in mind that the County of Fresno is not in any way asserting the
9 allegations against you have merit. The County of Fresno is simply stating that the
10 claims, or a portion of them, may not be covered.
11
12 PLEASE NOTE: The Public Officer or Employee signing this document has the
13 right to seek advice of outside counsel/independent counsel at any time.
14 1, Chris Gutierrez, have read the above information and have had an opportunity
15 to ask questions. I am requesting that the County of Fresno undertake my defense in the above-
16
entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuing
17
right to seek advice of outside/independent counsel at any time and will advise the County oi
18
Fresno as soon as possible should I want to do so.
19
H
20
H
21
H
22
H
23
24
25
H
26
H
27
28
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
2 14th day of April , 2020, in the County of Fresno, State of California.
3
4 COUNTY OF FRESNO
5
6
7 By:
Public Officer or Employee
8
9
10
11
Ernest Buddy Mendes, Chairman of the
12 Board of Supervisors of the County of
Fresno
13
14
ATTEST:
15 Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
17
18
19 By:
Deputy
20
21
22
23
24
25
26
27
28