HomeMy WebLinkAboutAgreement A-19-241 to Defend - M. Esquivel.pdf1
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
WHEREAS, the undersigned public officer or employee is a party def endant in th
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ITT'Y OF FRESNO I
3NO, CALIFORNIA
NAME OF CASE: Tiengkham Singanonh v Rodriguez, et al.
ACTION NO: 1:18-CV-00590-AWI-EPG COURT: Eastern District
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 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/a
indemnity obligations;
Agreement No. 19-241
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 ~ day of 3"u..\J.. , 2019, in the County of Fresno, State of California.
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4 COUNTY OF FRESNO
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11 1i----==---..::::::::::_ _ ___:~=====---
Nathan Magsig, Chairman of the Board of
12 Supervisors of the County of Fresno
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ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
,, By, ct....&i· . e l}
Deputy
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