HomeMy WebLinkAboutMINUTES - 01261993 - I.O.1 TO: BOARD OF SUPERVISORS
Contra
Internal Operations Committee Costa
FROM: •i 't• l
A -..L.-..'•- ""rO� County
DATE: January 25, 1993 'ter
rT�cd'uN`r'
SUBJECT: AUTHORIZATION TO HOLD HARMLESS SHELL OIL COMPANY FOR FUNDING
CONTRA COSTA COUNTY WILDFLOWER PROJECT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chair, Board of Supervisors, to execute a letter to
Shell Oil Company agreeing to hold the Shell Oil Company, its.
officers and employees harmless from any loss, damage, liability,
cost or expense that may arise from the contribution of funds from
Shell Oil Company or the Contra Costa County Wildflower Project
which is. part of the CalTrans Adopt-A-Highway Program.
BACKGROUND:
The Internal Operations Committee has been working for several
months on a project which will result in the planting of wild
flowers along a portion of I-680 as part of the CalTrans Adopt-A-
Highway Program. This project will involve seeding the area on all
sides of I-680 from the southern end of the Benicia-Martinez Bridge
south about two miles to Arthur Road. A contract has been entered
into between the County and Contra Costa Landscaping Company for
approximately $5,000 to handle the labor and supplies involved in
doing the seeding. The $5, 000 has been donated by Shell Oil
Company. They do not wish further involvement in the project. As
a condition of donating the $5,000, the County shall hold harmless
and indemnify Shell Oil for any liability which might conceivably
be attributed to Shell for having financed the project.
CONTINUED ON ATTACHMENT: _X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OT
SIGNATURES: SUNNE WRIGHT M(S): AE . .. SMITH
ACTION OF BOARD ON janudry , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
XI HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) 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
Contact: PHIL BA19HELOR,CLERK OF THE BOARD OF
cc: Shell O11 Company - SUPERVISORS AND COUNTY ADMINISTRATOR
Attn: Diane Kalas
County Administrator
County Counsel
Risk Manager BY ; � DEPUTY
f T'ne Board of Supervisors Contra Phil Batchelor
Clerk of the Board
County Administration Building Costa and
Coun Administrator
651 Pine St., Room 106 (510)646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jeff Smith,2nd District
E SE L --
n -•OI, •.---
Gayle Bishop,3rd District �:•.,
Sunne Wright McPeak 4th District .,
Tom Torlakson,5th District
.. q3
January 26, 1993
Diane Kalas
Shell Oil Company
P. O. Box 711
Martinez, CA 94553
l
Dear Ms . as:
Re: Donation of Funds by Shell Oil Company for Contra
Costa County Wildflower Project Consisting of the
Planting of Wildflowers Along a Portion of I-680 As
Part of CalTrans Adopt-A-Highway Project
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 self-insured
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 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.
Indemnification_ . The County shall defend, indemnify, save and hold
harmless Shell Oil Company and its officers and employees from any
and all claims, costs and liability for any damages, sickness,
death or injury to persons, property, or the environment from any
cause whatsoever arising from implementation or performance of the
subject project or from Shell Oil Company's donation or
contribution of funds for subject project hereunder. County will
make good to and reimburse the Shell Oil for any expenditures,
including reasonable attorneys ' fees the Shell Oil Company may make
by reason of such matters, and if requested by the Shell Oil
Company, will defend any such suits at the sole cost and expense of
the County.
Sincerely,
TOM TORLAKSON,
Chair, Board of Supervisors
cc: Internal Operations Committee
Supervisor Sunne W. McPeak
Jeff Smith
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