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HomeMy WebLinkAboutMINUTES - 09171996 - C70 TO: BOARD OF SUPERVISORS Contra FROM. Phil Batchelor, County Administrator Costa County 9,•a �O DATE: September 11, 1996QST------T` SUBJECT: Authorization for Indemnification of San Jose Fire Department and the City of San Jose for the Use of Donated Safety Apparatus SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve and authorize the Chair of the Board of Supervisors to hold harmless and indemnify San Jose Fire Department and the City of San Jose from liability resulting from the use or storage of SCBA (self-contained breathing apparatus) cylinders donated to Contra Costa County Fire Protection District. BACKGROUND: San Jose Fire Department is offering to donate SCBA cylinders to the Contra Costa County Fire Protection District. However, before doing so they require hold harmless protection so that they will not incur any liability associated with the tanks while the tanks are under the custody of Contra Costa County Fire Protection District. CONTINUED ON ATTACHMENT: YES SIGNATURE:NA0l RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO D MMITTE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON September 17, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT_M""'-"""'-'- ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September 17 1996 Contact: Larry Moss - 335-1451 PHIL B HELOR,CLERK OF THE B$STATOR7 cc: CAO Risk Management E RSANDCOUNTYADMI Contra Costa County Fire Protection District - Attn: Henr B DE TY C-70 The Board of SupervisorsContra Phil Batchelor Clerk of the Board and t .GountyAdministration Building Costa County Administrator 651 Pine Street, Room 106 (510)646-2371 Martinez,California 94553-1293 County Jim Rogers,1st District Jeff Smith,2nd District se Gayle Bishop,3rd District ,. Mark DeSaulnier,4th District Tom Torlakson,5th District S n• m.• 5 j'q EOUr� September 17, 1996 Chief John McMillan San Jose Fire Department 4 North 2nd Street, Suite 1100 San Jose, CA 95113 Dear Chief McMillan: Re: Donation of SCBA Tanks to Contra Costa County Fire Protection District The County of Contra Costa has been self-insured for all liability risks including medical malpractice and workers ' compensation arising from its operations, owned property, equipment and leased property and equipment since 1976 . The County's fire district 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 be 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, Contra Costa County Fire Protection District provides workers ' compensation benefits to all of its employees as required by California State Compensation laws. The self-insurance program is prefunded to provide funds for payment of claims or replacement of leased, rented, or borrowed equipment in the event the fire district becomes liable for damage to such equipment. C30 Indemnification. The County shall defend, indemnify, save and hold harmless the San Jose Fire Department and the City of San Jose, its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property arising directly or indirectly from or connected with the operations or services of the County or its officers and employees, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the San Jose Fire Department and the City of San Jose or its officers or employees. County will make good to and reimburse the San Jose Fire Department and the City of San Jose for any expenditures, including reasonable attorneys ' fees the San Jose Fire Department and the City of San Jose may make by reason of such matters and, if requested by the San Jose Fire Department and the City of San Jose, will defend any such suits at the sole cost and expense of the County. Very truly ,urs, i F I hairman, Board of Supervisors JS:Py cc: Battalion Chief Henry Warren, Contra Costa County Fire Protection District Battalion Chief Ken Heredia, San Jose Fire Department Form approved by County Counsel.