HomeMy WebLinkAboutAgreement A-25-339 for Lisa Sprague.pdf Agreement No. 25-339
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
' WHEREAS, the undersigned public officer or employee is a party defendant in the
2 following action:
3 NAME OF CASE: Prince Paul Raymond Williams, vs. California Department!,of Child Supporl
4 Services, et al.,
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5 ACTION NO: 25CECGO1299 COURT: Fresno County Superior
6 Court
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7 WHEREAS, the undersigned officer or employee claims that the said action
e referenced above arose out of acts or omissions which, if they occurred at all, occurred within
it
9 the course and scope of the officer's or employee's employment with the County�'of Fresno or o
10 a Judicial District thereof and were not the result of fraud, corruption or malice; and
11 WHEREAS, the undersigned officer or employee has requested that the County o
12 Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with section
13 825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County i
14 willing to conduct said defense subject to a reservation of its rights/non-waiver agreement to the
13 full extent permitted in said provision of the Government Code.
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16 The County and the undersigned public officer or employee therefore agree a
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17 follows:
1. Under this Agreement to Defend Public Officer or Employee, ,,
1e g Reservation o
19 Rights, and Non-Waiver ("Agreement"), the County of Fresno will undertake youf defense in the
20 action identified above for:
21 Ordinary negligence which occurred within the course and scope of you
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22 employment.
23 2. The following matters are NOT COVERED by the County of Fresno under this
24 Agreement:
25 . Any actions outside the*course and scope of your employment.
26 • Any actions within the course and scope of your employment that were/are
27 reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
2E malicious, arbitrary or capricious.
UNPY OF FRESNO
ESNO, CALIFORNIA
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
1 • Punitive damages (which are not currently alleged in this case)
2 3. Pursuant to this Agreement, the County of Fresno may take the following actions i
3 the facts of this case warrant:
4 A. Seek a declaration of rights and duties regarding its defense and/o
5 indemnity obligations;
6 B. Withdraw our defense and seek reimbursement for defense fees incurred in
7 defending claims with no potential for coverage;
8 C. Seek reimbursement for any judgement or settlement paid by County o
9 Fresno on the ground that the sums were not paid in connection with
10 covered claims;
11 D. The right to have separate verdict form at trial for non-covered claims;
12 E. The right to amend this agreement at a later time.
13 Please bear in mind that the County of Fresno is not in any way asserting the
14 allegations against you have merit. The County of Fresno is simply)stating that the
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claims, or a portion of them, may not be covered.
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4. PLEASE NOTE: The Public Officer or Employee signing this document has th
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right to seek advice of outside counsel/independent counsel at any time.
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I, Lisa Sprague have read the above information and have had an opportunity t
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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 o
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Fresno as soon as possible should I want to do so. E
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON-WAIVER
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2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
3 8th day of July 2025, in the County of Fresno, State of California.
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5 COUNTY OF FRESNO
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a By:
P41ic O icer or Employee
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Ernest Buddy Mend , Chairman of the
13 Board of Supervisors of the County of
Fresno
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ATTEST:
16 Bernice E. Seidel
17 Cleric of the Board of Supervisors
County of Fresno, State of California
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20 By.
Deputy
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