HomeMy WebLinkAboutMINUTES - 07271993 - 1.7 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: July 27, 1993
SUBJECT: Authorize Indemnification of the West Contra Costa Unified School District for Use of the
Kensington/Jefferson S hoQI Site By the Public Works Department
'Pro jec Numberl. 4500-1X52 0
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
1 Recommended Action:
AUTHORIZE the Chairman of the Board of Supervisors to sign a letter providing indemnification
and saving and holding harmless the West Contra Costa Unified School District from liability for
use of the premises known as the lower Kensington/Jefferson School site by the Public Works
Department for storing:equipment and materials between August 9 and September 17, 1993.
II. Financial Impact:
None
III. Reasons for Recommendations and Background:
As part of the Kensington Road Improvement Assessment District,the Public Works,Department
will be applying chip seal surface treatments to several roads in the Kensington area this
summer. The work can be performed most efficiently when the necessary equipment and
materials are stored clo';se to the work site. One of the few suitable storage areas in Kensington
is located on the former Jefferson School site owned by the West Contra Costa Unified School
District. School District staff have indicated that the site can be used by the Public Works
Department. However,;the School District requires indemnification by the County for any liability
arising out of the County's use of the Jefferson School site.
Alternative storage areas have similar indemnification requirements and are located adjacent to
areas actively used bychildren.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUL. 2 7 1993 APPROVED AS RECOMMENDED Lf OTHER
UVOTE SUPERVISORS
NANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of
Fin action taken and entered on the minutes of the
GC:pc Roard of Supeon the date shown.
c:B027.t7 ATTESTED: uL 7 199
PHIL BATCHELOR,cierk of the Board
Contact: Greg Connaughton (313-7002) of Supervisors and County Administrator
Orig. Div: Public Works (Mtc .) ey ���y��. /I �_.�I�pu�y
cc: See.next page
/, 7
USE OF KENSINGTON SCHOOL SITE
July 27, 1993
Page 2
IV. Consequences of Negative Action:
Without a storage area close to the work sites, the cost of applying surface treatments to the
Kensington roads will increase.
cc: County Administrator
Public Works Director
Risk Management
West Contra Costa Unified School Dist.
Phil Batchelor
The Board of Supervisors Contra Clerk of the Board d
County Administration BuildingCOSta CounyAdministrator
651 Pine St., Room 106 (510)646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jeff Smith,2nd District
Gayle Bishop,3rd District j' 6E'moo"
Sunne Wright McPesk 4th District
.i
Tom Tortakson,5th District
A - to
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TA Co
July 27, 1993
Santiago Wood, Associate Superintendent
of Administrative Services
West Contra Costa Unified School District
1108 Bissell Avenue
Richmond, CA 94801
Dear Mr. Wood:
Re: Use of the Lower Kensington/Jefferson School Site by
the Public Works Department for Storing Equipment
and Materials Between August 9 and September 17, 1993
The County of Contra Costa has been self-insured for all
liability risks iincluding medical malpractice and workers'
compensation arising from its operations, owned property,
equipment and leased property and equipment since 1976. The
County's self-insurance program provides for the legal defense of
officials and employees pursuant to Government Code Sec. 825 and
payment of all sums which it is obligated to pay by reason of
liability imposed by law and arising from their acts or failure
to act, excepting exemplary or punitive damages. This protection
covers services performed by officers or employees within the
scope of their official duties in accordance with the conditions
of their employment or services. With respect to workers'
compensation benefits, the County provides workers' compensation
benefits to all of. its employees as required by California State
Compensation laws..
The self-insurance programs are prefunded to provide funds
for payment of claims.
•w
Indemnification. The County shall defend, indemnify, save
and hold harmless ,West Contra Costa Unified School District and
its officers and employees from any and all claims, costs and
liability for any damages, sickness, death, or injury to persons
or property, from any cause whatsoever arising from use or
occupancy by the County. County will make good to and reimburse
West Contra Costa ' Unified School District for any expenditures,
including reasonable attorneys' fees the District may make by
reason of such matters and, if requested by West Contra Costa
Unified School District will defend any such suits at the sole
cost and expense of the County.
Sincerely,
TOM TORLARSON
Chairman, Board of Supervisors
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cc: Greg Connaughton, Public Works Department