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HomeMy WebLinkAboutMINUTES - 02281995 - 1.91 'D: BOARD OF SUPERVISORS .E Contra FROM: Phil Batchelor, County Administrator `j � �� Costa February 28, 19 9.5 County DATE: .sTj c r• Authorization for Indemnification of RMC Lonestar Company SUBJECT: For Use of Their Norris Canyon Plant by San Ramon Valley Fire Protection District for Heavy Rescue Team Exercises 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 RMC Lonestar Company from liability for use of the premises known as the Lonestar Plant, 4700 Norris Canyon Road, San Ramon, by San Ramon Valley Fire Protection District for training exercises during the calendar year 1995 . FINANCIAL IMPACT: None BACKGROUND: San Ramon Valley Fire Protection District is a participant in the County Fire District Self-insurance Liability Program. The Rescue Division of the San Ramon Valley Fire Protection District secured permission to use the large concrete pieces and excess machinery that is present at the RMC Lonestar Plant at 4700 Norris Canyon Road, San Ramon, for heavy rescue team exercises . In exchange for use of the plant for exercises, the RMC Lonestar requires that San Ramon Valley hold harmless and indemnify them for use of the premises . Because San Ramon Valley Fire Protection District is a member of the Contra Costa County Joint Powers Agreement for Self-insurance which is governed by the Board of 'Supervisors, the authority to indemnify and hold harmless RMC Lonestar must be through the authority of the Board. CONTINUED ON ATTACHMENT: YES SIGNATURE.SO-IA6,C71 (�l ojo_) RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B R COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON February 28 , 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X 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. Contact: - Joseph J. Tonda, 646-2014 Cc jCAO. Risk Management ATTESTED February 28 , 1995 San Ramon Valley Fire Protection PHIL BATCHELOR,CLERK OF THE BOARD OF District - Attn: Craig Bowen SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) The Board of SupervisorsContra Phil Batchelor Clerk of the Board Costa and County Administration Building CountyAdministrator 651-Pine Sireei;Room 106 (sto>W-23'71 Martinez, r'alifornia 94553-1293 County Jim Rogers,1st District Jeff Smith,2nd District s e i Gayle Bishop,3rd District Mark DeSeulnier,4th District Tom Torlakson,5th District •`< February 28, 1995 Joseph Sostaric RMC Lonestar P. 0. Box 5252 Pleasanton, CA 94566 Dear Mr. Sostaric: Re: Use of Lonestar Plant, 4700 Norris Canyon Road by San Ramon Valley Fire Protection District for Training Exercise 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 . On July 1, 1988 San Ramon Fire Protection District became part of the County's fire district self-insurance program. 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, San Ramon 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. Indemnification. The County shall defend, , indemnify, save and hold harmless RMC Lonestar and 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 RMC Lonestar or its officers or employees. County will make good to and reimburse RMC Lonestar for any expenditures, including reasonable attorneys ' fees RMC Lonestar may make by reason of such matters and, if requested by RMC Lonestar, will defend any such suits at the sole cost and expense of the County. Very truly yours, GAYLE BISHOP Chair, Board of Supervisors GB:py cc: San Ramon Fire Protection District Attn: Craig Bowen Form approved by County Counsel .