HomeMy WebLinkAboutAgreement A-18-369 with Lisa Smittcamp.pdf1
Agreement No. 18-369
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
2 following action:
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NAME OF CASE: Matthew G. Gregory, et al. v County of Fresno, et al.
ACTION NO: 1:18-cv-00524-LJO-SAB COURT: Eastern District Court of
California
WHEREAS, the undersigned officer or employee claims that the said actio
6 referenced above arose out of acts or omissions which, if they occurred at all, occurred withi
7 the course and scope of the officer's or employee's employment with the County of Fresno or o
8 a Judicial District thereof and were not the result of fraud, corruption or malice; and
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2B
UNTY OF FRESNO
F.SNO, CAUFORNlA
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/a
indemnity obligations;
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on thi
2 10th day of July , in the County of Fresno, State of California .
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: 3vS0.t'A b&SbD:f
Deputy
COUNTY OF FRESNO