HomeMy WebLinkAboutAgreement A-18-623 to Defend Public Officer or Employee Mims.pdf1
Agreement No . 18-623
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 : Christine Versola v County of Fresno , et al.
ACTION NO : 18CECG02795 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 of
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a Judicial District thereof and were not the result of fraud, corruption or malice; and
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ITY OF FRESNO I
-NO, CALI fORNJA
WHEREAS , the undersigned officer or employee has requested that the County of
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
2 . Withdraw our defense and seek reimbursement for defense fees incurred i
defending claims with 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 with
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
a/legations 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, Margaret Mims, have read the above information and have had an opportunit
to ask questions. I am requesting that the County of Fresno undertake my defense in the above
entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuin
right to seek advice of outside/independent counsel at any time and will advise the County o
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Fresno as soon as possible should I want to do so .
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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
2 this ...fil!L day of November , 2018 in the County of Fresno , State of California.
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COUNTY OF FRESNO
.,.,,,
By:
Sa
Su
ro, Chairperson of the Board of
f the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California