HomeMy WebLinkAboutAgreement A-20-390 to Defend Tracey Barajas.pdf1 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 2 following action: 3 4 5 6 7 NAME OF CASE: Sarina Casares v County of Fresno, et al. ACTION NO: 20CECG01167 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 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 !TY OF FRESNO NO, CALIFORNIA 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/o indemnity obligations; Agreement No. 20-390
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS AND NON WAIVER AGREEMENT 2. Withdraw our defense and seek reimbursement for defense fees incurred in defending claims with no potential for coverage; 3. Seek reimbursement for any judgement or settlement paid by County o Fresno on the ground that the sums were not paid in connection with covered claims; 4. The right to have separate verdict form at trial for non-covered claims; 5. The right to amend this agreement at a later time. Please bear in mind that the County of Fresno is not in any way asserting th a/legations against you have merit. The County of Fresno is simply stating that th claims, or a portion of them, may not be covered. PLEASE NOTE: the Public Officer or Employee signing this document has th right to seek advice of outside counsel/independent counsel at any time. I, Tracey Barajas, have read the above information and have had an opportunit to ask questions. I am requesting that the County of Fresno undertake my defense in the above entitled action subject to a RESERVATION OF RIGHTS. I understand that I have the continuin right to seek advice of outside/independent counsel at any time and will advise the County o 18 Fresno as soon as possible should I want to do so. 19 II 20 II 21 II 22 II 23 II 24 II 25 26 27 28 II II II
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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 ~ day of October , 2020 , in the County of Fresno , State of California .
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4 COUNTY OF FRESNO
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Publicer<{i:¥mployee
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Ernest Buddy Mendes, Ch rman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : lhd A~> ~
Deputy