HomeMy WebLinkAboutAgreement A-18-626 to Defend Public Officer or Employee Wilkins.pdf1
Agreement No . 18-626
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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ITY O f fRES NO
:No , CALlFORllIA
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 action
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 Jud icial 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 sa id provision of the Government Code .
Matters Covered Under this Reservation of Rights :
• Ordinary negligence which occurred with in the course and scope of you
employment.
Matters NOT COVERED by the County of Fresno under this Reservation o
R ights/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 , arb itrary 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 this .
2 ..fil!L day of November , 2018 in the County of Fresno, State of California .
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COUNTY OF FRESNO
: By : S -~ ·~~ ~
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Public Officer or Employee
, Chairperson of the Board of
\l'Wi:.l~of the County of Fresno
ATTEST:
1 5 Bernice E . Seidel
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Clerk of the Board of Supervisors
County of Fresno, State of California
By:s~~~
Deputy