HomeMy WebLinkAboutAgreement A-18-371 with District Attorney's Office.pdf1
Agreement No. 18-371
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 the
2 following action:
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lll'ITY OF FRESNO
&SNO, C.t\LI FORNIA
NAME OF CASE: Joshua D. Bland v Nicole Galstan, et al.
ACTION NO: 18CECG01284 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 within
the course and scope of the officer's or employee's employment with the County of Fresno or o1
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 o1
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
IN WITNESS WHEREOF , the parties hereto have e xecuted this Agreement on thi
2 10th day of _..;...Ju"-ly.___ __ , in the County of Fresno, State of California .
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COUNTY OF FRESNO
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7 By: t)JA,Cf)L}--~lJ tt.J~~ Cf'----.
Public Officer or Employee
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11 1-1-----~~~._.._,...__ _______ _
ero, Chairperson of the Board of
the County of Fresno 12
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: SxAsb.N\. bJSbnp
Deputy