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Home My WebLink AboutRESOLUTIONS - 08261986 - 86-520 _L-o-17 WHEN RECORDED, RETURN File: 250-8533/C.1 TO CLERK BOARD OF RECORDED AT REQUZgT OF OWNER SUPERVISORSSEP 31 ato'clock,____jJjjj7 M. Contra Costa County Recorder J.R. Olsson, County Recorder Fee $Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with ) and NOTICE OF COMPLETION Sparks Roofing Company, Inc. ) (C.C. §3086, 3893) Budget Line Item No. 7100-4837 ) RESOLUTION NO. 86 520 Authorization No. 0928-WH837B ) The Board of Supervisors, as the Governing Body of the Contra Costa County Fire Protection District, RESOLVES THAT: The County of Contra Costa on April 15, 1986 contracted with Sparks Roofing Company, Inc. for Reroofing at Fire Station No. 14, 521 Jones Street, Martinez, California, Budget Line Item No. 7100-4837, Authorization No. 0928-WH837B, with Continental Insurance Company as surety, for work to be performed on the grounds of the County; and The Director of General Services reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of August 26, 1986; Therefore, said work is accepted as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. Time extension to the date of acceptance is granted as the work was delayed due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. PASSED BY THE BOARD on August 26, 1986 by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson and Powers NOES: None ABSENT: Supervisor Schroder CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: AUG 2 6 1986 Phil Batchelor, Clerk of the at Martinez, California Board of Supervisors and County Administrator By_ � Originator: General Services Department Architectural Division cc: Record and return Contractor (via A.D. ) Auditor-Controller County Administrator G.S. Accounting Architectural Division Contra Costa County Fire Protection District (via A.D. ) RESOLUTION NO. 86/520 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; I— 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. 86/52$ 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 faster 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: _ dUdd 26 1186 County Counsel PHIL BATCHEL , Clark of the Board of Supervisors and County Administrator -3- By , Deputy RESOLUTION NO. 86/ 528