HomeMy WebLinkAboutAgreement A-23-662 for Marshunda Harding.pdf Agreement No. 23-662
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
1 WHEREAS, the undersigned public officer or employee is a party defendant in the
2 following action:
3 NAME OF CASE:Veronica Hernandez, et al., vs. County of Fresno, et al.,
4 ACTION NO: 1 :22-CV-01145-ADA-EPG COURT: Eastern District Court
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6 WHEREAS, the undersigned officer or employee claims that the said actin
7 referenced above arose out of acts or omissions which, if they occurred at all, occurred within
8 the course and scope of the officer's or employee's employment with the County of Fresno or o
9 a Judicial District thereof and were not the result of fraud, corruption or malice; and
10 WHEREAS, the undersigned officer or employee has requested that the County o
11 Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with section
12 825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County i
13 willing to conduct said defense subject to a reservation of its rights/non waiver agreement to the
14 full extent permitted in said provision of the Government Code.
15 Matters Covered Under this Reservation of Rights:
16 • Ordinary negligence which occurred within the course and scope of you
17 employment.
18 Matters NOT COVERED by the County of Fresno under this Reservation o
19 Rights/Non-Waiver Agreement:
20 • Any actions outside the course and scope of your employment.
21 • Any actions within the course and scope of your employment that were/are
22 reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
23 malicious, arbitrary or capricious.
24 • Punitive damages
25 Pursuant to this agreement, the County of Fresno may take the following actions i
26 the facts of this case warrant:
27 1. Seek a declaration of rights and duties regarding its defense and/or
28 indemnity obligations;
:JNTY OF FRESNO
ESNO, CALIFORNIA
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
1 2. Withdraw our defense and seek reimbursement for defense fees incurred i
2 defending claims with no potential for coverage;
3 3. Seek reimbursement for any judgement or settlement paid by County o
4 Fresno on the ground that the sums were not paid in connection with
5 covered claims;
6 4. The right to have separate verdict form at trial for non-covered claims;
7 5. The right to amend this agreement at a later time.
8 Please bear in mind that the County of Fresno is not in any way asserting the
9 allegations against you have merit. The County of Fresno is simply stating that the
10 claims, or a portion of them, may not be covered.
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12 PLEASE NOTE: The Public Officer or Employee signing this document has the
13 right to seek advice of outside counsel/independent counsel at any time.
14 I, Marshunda Harding have read the above information and have had a
15 opportunity to ask questions. I am requesting that the County of Fresno undertake my defense in
16 the above-entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the
17 continuing right to seek advice of outside/independent counsel at any time and will advise the
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County of 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
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
2 12th day of December_, 2023, in the County of Fresno, State of California.
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4 COUNTY OF FRESNO
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6 By. �fiQ �(*49 kA ALA4r
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ublic Officer or Employee
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10 5s'A )s:ZJ7,ou
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Sal ui t ro, Chairman of the Board of
12 Supe or he County of Fresno
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ATTEST:
is Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
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le
19 By:
Deputy
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