HomeMy WebLinkAboutAgreement A-23-663 for Annette Jones.pdf Agreement No. 23-663
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 action
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 ol
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 ol
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 is
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 your
17 employment.
18 Matters NOT COVERED by the County of Fresno under this Reservation oi
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 (which are not currently alleged in this case)
25 Pursuant to this agreement, the County of Fresno may take the following actions il
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
ESlio, 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 in
2 defending claims with no potential for coverage;
3 3. Seek reimbursement for any judgement or settlement paid by County oi
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 1, Annette Jones have read the above information and have had an opportunity to
15 ask questions. I am requesting that the County of Fresno undertake my defense in the above-
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entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuing
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right to seek advice of outside/independent counsel at any time and will advise the County oi
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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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7 By:
8 P r Eublic Officer ployee
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S Q i ero, Chairman of the Board of
12 Su iso the County of Fresno
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ATTEST:
15 Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
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19 By.
Deputy
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