HomeMy WebLinkAboutAgreement A-19-032 for Jared Mullis.pdf1
Agreement No . 19-032
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 th
2 following action:
3 NAME OF CASE : Jam i Lucas , et al. v County of Fresno , et al.
4 ACTION NO : 1: 18-CV-01488-DAD-EPG COURT : Eastern District Court of
Californ ia
5 WHEREAS , the undersigned officer or employee claims that the said action
6 referenced above arose out of acts or omissions which , if they occurred at all, occurred within
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ITY OF FRESNO
,NO, CALI fOFt.NIA
the course and scope of the officer's or employee 's employment with the County of Fresno or o
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 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 ;
1
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 29th day of January , 20...:..1.:::..9 __ in the County of Fresno , State of California .
3
4 COUNTY OF FRESNO
5
6 ~~
7 By: ~cer orEmp
8
9
10
11 Nathan Magsig , Chairman of the Board
12 of Supervisors of the County of Fresno
13
14
15
1 6
17
18
1 9
20
2 1
22
23
24
25
2 6
2 7
28
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By :
Deputy~