HomeMy WebLinkAboutAgreement A-24-375 for Mark Fam.pdf Agreement No. 24-375
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 WHEREAS,the undersigned public officer or employee is a party defendant in the
2 following action:
3 NAME OF CASE: Kwabena Watson, Jr., vs. County of Fresno, et al.
4 ACTION NO: 24CECGO1503 COURT. Fresno Superior Court
5
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 employmentwith the County of Fresno oroi
9 a Judicial Districtthereof and were notthe result of fraud, corruption or malice; and
10 WHEREAS,the undersigned officeror employee has requested thatthe County oi
11 Fresno undertake his/herdefense in said action pursuantto 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 subjectto a reservation of its rights/non-waiver agreement to thE
14 full extent permitted in said provision of the Government Code.
15 The County and the undersigned public officer or employee therefore agree as
16 follows:
17 1. Under this Agreement to Defend Public Officer or Employee, Reservation oi
18 Rights,and Non-Waiver("Agreement"), the County of Fresno will undertake your defense in the
is action identified above for:
20 Ordinary negligence which occurred within the course and scope of your
21 employment.
22 2. The following matters are NOT COVERED by the County of Fresno under this
23 Agreement:
24 * Any actions outside the course and scope of your employment.
25 * Any actions within the course and scope of your employment that were/are
26 reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
27 malicious, arbitrary or capricious.
28 • Punitive damages (which are not currently alleged in this case)
UNTY OF FRESNO[
ESNO, CALIFORNIA I
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 3. Pursuanttothis Agreement, the Countyof Fresno may take the following actions i
2 the facts of this case warrant:
3 A. Seek a declaration of rights and duties regarding its defense and/o
4 indemnity obligations;
5 B. Withdraw our defense and seek reimbursement for defense fees incurred in
6 defending claims with no potential for coverage;
7 C. Seek reimbursement for any judgement or settlement paid by County oll
s Fresno on the ground that the sums were not paid in connection with
9 covered claims;
10 D. The right to have separate verdict form at trial for non-covered claims;
11 E. The right to amend this agreement at a later time.
12 Please bear in mind that the County of Fresno is not in any way asserting the
13 allegations against you have merit. The County of Fresno is simply stating that the
14
claims, or a portion of them, may not be covered.
15
16
4. PLEASE NOTE: The Public Officer or Employee signing this document has the
17
right to seek advice of outside counsel/independent counsel at any time.
1s
I, Mark Fam have read the above information and have had an opportunity to as
19
questions. I am requesting that the County of Fresno undertake my defense in the above
20 entitled action subjectto a RESERVATION OF RIGHTS. I understand that I have the continuing
21
right to seek advice of outside/independent counsel at any time and will advise the County o
22
Fresno as soon as possible should I want to do so.
23
24
25
H
26
27
//
28
//
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 9th day of July , 2024, in the County of Fresno, State of California.
3
4 COUNTY OF FRESNO
5
6
7 By: _zxe
Public Officer or Employee
8
9
10
11
Nathan Magsig, Chairman of the Board of
12 Supervisors of the County of Fresno
13
14
ATTEST:
15 Bemice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
17
1a
19 By:
Deputy
20
21
22
23
24
25
26
27
28