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HomeMy WebLinkAboutMINUTES - 08261986 - 2.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 26 , 1986 , by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson, Powers . NOES: None . ABSENT: Supervisor Schroder . ABSTAIN: None. SUBJECT: Indemnification of Foster parents for Liability Claims Resolution No. 86/ 528 I. Under California Government Code 526227, the Board hereby adopts an interim program of indemnification of foster parent liability as provided herein, effective September 1, 1986. II. Contra Costa County will indemnify persons acting as foster parents for Contra Costa County for liability they may incur as foster parents as follows: A. Foster Parents Liability: The County will pay on behalf of foster parents all sums which the foster parents shall become legally obligated to pay as a result of- bodily injury, property damage, or "personal injury arising out of the foster parent's activities as a foster parent while a foster child is in the care, custody, and control of the foster parent, and while this resolution is in force, not to exceed one hundred thousand dollars ($100,000.00) per occurrence. B. Insurance Coverage. The indemnity provided by this resolution shall not apply to the portion of any loss or damages with respect to which a foster parent is also insured under any policy affording Comprehensive Personal Liability, Homeowners Insurance, Excess Liability Insurance or other insurance. The indemnity provided by this resolution shall be reduced by any valid and collectible insurance available to the foster parents. C. Defense and Settlement. The County shall have at its option the right at its own expense, to defend any suit against the foster parent seeking damages on account of an occurrence to which this resolution applies, even if any of the allegations of the suit are groundless, false, or fraudulent; and may make such investigation and settlement of any claim or suit as it deems expedient. In any event, the County shall not be obligated to indemnify the foster parent for any claim or judgment or to defend any suit after the applicable limit of the County's obligation to indemnity the foster parent has been exhausted by payment of indemnify, judgments, or settlements. D. Resolution Duration, Territory. This resolution applies only respecting bodily injury, property damage, or personal injury within the State of California, during the period this resolution is in effect. E. Exclusions. The County's obligations hereunder are not applicable with respect to claims or liability resulting from: (a) any bodily injury, property damage or personal injury which occurs as a result of the foster parent's rendering or failure to render pro- fessional services. The care and services rendered in the role of a foster parent shall not be deemed to constitute professional services; (b) any loss arising out of a dishonest, fraudulent, criminal or malicious act; - - - -1- RESOLUTION NO. 86/ 528 (c) any occurrence except when directly arising out of a foster parent's activity as a foster parent; (d) any bodily injury or property damage arising out of the operation or use of any land motor vehicle, aircraft or watercraft, owned or operated by or rented or loaned to any foster parent; (e) any liability assumed by'a foster parent under any agreement other than a written agreement approved in writing by the County or its authorized agent relating directly to the care and custody of the foster child; (f) any obligation for which the foster parent or any carrier as his insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law, or under any similar law; (g) any property damage to property owned by, rented or loaned to any foster parent, or person residing in the Foster Parent's household; (h) with regard to "personal injury"; (1) personal injury arising out of the willful violation of a penal statute or ordinance by or with the knowledge or consent of any foster parent; (2) personal injury arising out of any publication or utterance made prior to the effective date of this resolution or the contract between the County and the foster parent. (3) personal injury arising out of any publication or utterance. concerning any person, organization or business enterprise, or his or its products or services, made by or at the direction of any foster parent with knowledge of the falsity thereof; (i) any damages arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; (j) any liability arising out of business pursuits of any foster parent except activities therein which are ordinarily incident to non-business pursuits. The activities of a foster parent shall not be deemed business pursuits; (k) any loss arising out of licentious, immoral or sexual behavior intended to lead to or culminating in any sexual act; (1) any claim based upon standing as a third party beneficiary. F. Conditions. a. Definitions: When used in this resolution. 1. "Land motor vehicle" means an automobile, motorcycle, moped, midget automobile, including the type commonly referred to as a Kart, go-Kart, speedmobile trailer, semitrailer, or comparable vehicle whether commercially built or otherwise, designed for travel on public roads (including any machinery or apparatus attached thereto), or snowmobile; 2. "bodily injury" means bodily injury, sickness, or disease sustained by any person including death at any time resulting therefrom; 3. "foster child" means a person under 21 years old who has been placed in the care and custody of foster parents by the County of Contra Costa; -2- RESOLUTION NO. 86/.528 4. "foster parent" means any person, including his spouse if a resident of the same household, who has entered into and is acting under a foster parent agreement with the County of Contra Costa. 5. "occurrence" means an accident, including continuous or repeated exposure to conditions, which results during the period covered by this resolution and the applicable foster parent contract, in bodily injury, property damage, or personal injury neither expected nor intended from the standpoint of the foster parent; 6. "property damage" means physical injury to or destruction of tangible property. (b) Limits of Indemnification: Under Part II.A. , Foster Parent's Liability, the limit of indemnification stated as applicable to "each occurrence" is the total limit of the County's indemnification liability for all damages because of such an occurrence regardless of the number of claims made or suits brought in connection with the same occurrence. (c) Foster Parent's Duties in the Event of a Claim. or Suit: In the event of a claim or a suit or an occurrence likely to involve a claim or suit covered by this resolution, written notice shall be given by or on the behalf of the foster parent to the County or any of its authorized agents as soon as practicable, together with the fullest information obtainable. The notice should give the name of the foster parent, the name and address of the person or organiza- tion sustaining injury or damages, and of any witness, as well as time, place and circumstances of the occurrence. If claim is made or suit is brought against the foster parent, the foster parent shall immediately forward to the County every demand, notice, summons or other process received by him or his representative. (d) Assistance and Cooperation of the Foster Parent: The foster parent shall cooperate with the County and, upon the County's request, assist in making settlements, in the conduct of suits, and enforcing any right of contribution or indemnity against any person or organization who may be liable to the foster parent because of damages covered by this resolution. The foster parent shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The foster parent shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense. (e) Action Against County: No action shall lie against the County unless, as a condition precedent thereto, the foster parent shall have fully complied with all the terms of this resolution, and until the amount of the foster parent's obligation to pay shall have been fully determined either by judgment against the foster parent after the actual trial or by written agreement of the foster parent, the claimant, and the County. Nothing contained in this resolution shall give any person or organization any right to join the County as a co-defendant in any action against the foster parent to determine the foster parent's liability. (f) Subrogation: In the event of any payment under this resolution, the County shall be subrogated to all the foster parent's rights of recovery therefore against any person or organization and the foster parent shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The foster parent shall do nothing after loss to prejudice such rights. I hereby certify that this Is a true and correct copy of CC : Social . Services (Attn : Contracts) an action taken and entered on the minutes of the County Administrator Board of Supervisors on the date shown. Auditor-Controller ATTESTED: dti.4 Zta I fgza County Counsel PHIL BATCHEL , Clerk of the Board of Supervisors and County administrator -3- By , Deputy RESOLUTION NO. 86/ 528 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 26, 1986 , by the following vote: AYES: Supervisors Fanden, McPeak , Torlakson ,.. Pbwers . NOES: None . ABSENT: Supervisor Schroder . ABSTAIN: None . SUBJECT: Foster child property damage) RESOLUTION NO. 86/ 529 Under Government Code Section 26227, the Contra Costa County Board of Supervisors hereby adopts an interim program to be administered by the Social Service Department for the payment under certain conditions of property damage by foster children, not to exceed $250.00 per occurrence, as follows: 1. Subject to the availability of such funds as may be appropriated there- for, Contra Costa County will, at its option, either pay the actual cash value of property damaged or destroyed by foster children under the jurisdiction of the Contra Costa County Social Service or Probation Departments, or repair, or replace such property, but in no event shall the cost to Contra Costa County exceed Two Hundred Fifty ($250.00) Dollars for any one occurrence. 2. This program shall not apply to that portion of any loss or damage to property as to which any insurance coverage or other third party payment is available. 3. This program shall not apply to' damage or destruction of property: a. Caused intentionally by an foster child who is thirteen years of age or older. b. Owned by or rented to any foster parent or any resident of a foster parent's household. c. Arising out of the ownership, maintenance, operation, or use, whether permitted or not permitted, of any land motor vehicle, trailer, aircraft, or watercraft, including but limited to loading and unloading. 4. The Social Service Director shall administer this program. 5. This program shall be effective from and after September 1, 1986. 1 hereby certify that this is a true and•correct copy of an action taken and entered on the minutes of the Board of Superv!l rs on the date shown. ATTESTED: 26 , 7 GV 6 PHIL BATCHELO , Clerk of the Board of Supervisors and County Administrator Orig. Dept.: cc: Social Services (Attn : Contracts) By Deputy County Administrator Auditor-Controller County Counsel RESOLUTION NO. 86/^599