HomeMy WebLinkAboutAgreement A-18-600 to Defend Public Officer or Employee.pdf1
Agreement No . 18-600
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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NAME OF CASE: Stephanie Betancourt v County of Fresno , et al
ACTION NO : 18CECG02835 COURT : Fresno County Superior
Court
WHEREAS, the undersigned officer or employee claims that the said actio
7 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 o1
9 a Judicial District thereof and were not the result of fraud, corruption or malice; and
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ITY Of FRE S NO
-tlO, CAL i f ORIUA
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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 23rd day of October , in the County of Fresno, State of California .
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COUNTY OF FRESNO
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i er , Chairperson of the Board of
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is of the County of Fresno
ATTEST:
Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno , State of California
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