HomeMy WebLinkAboutAgreement A-20-218 with Defend Public Officer(s) or Employee(s).pdf1
Agreement No . 20-218
AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
WHEREAS , the undersigned public officer or employee is a party defendant in th
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NTY OF F RE SNO
SNO, CALif'ORNl A
NAME OF CASE : Ashley Reeves v County of Fresno, et al.
ACTION NO : 20CECG00679 COURT: Fresno Superior
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 ;
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 ..filb_ day of June , 2020, in the County of Fresno, State of California .
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Ernest Buddy Mendes , Ch
Board of Supervisors of the
Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _$µ$€Lr-. ~sbop
Deputy
COUNTY OF FRESNO