HomeMy WebLinkAboutAgreement A-18-627 to Defend Public Officer or Employee Torres.pdf1
Agreement No . 18-627
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 Super ior
Cour t
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 with in
8 the course and scope of the officer's or employee's employment with the County of Fresno or of
9 a Judicial District thereof and were not the result of fraud, corruption or malice ; and
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ITY OF FRESNO
,NO, CALIFORNIA
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 , Div ision 2 .6 of T itle 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 th is Agreement on thi
2 ....fil.b_ day of November , 2018 in the County of Fresno , State of California .
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ATTEST:
Bernice E . Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
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By: 3-tJ $-0..M~Sb e:--p
Deputy
COUNTY OF FRESNO