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HomeMy WebLinkAboutMINUTES - 03111986 - IO.2 or 4 10 .E TO BOARD OF SUPERVISORS FROM: INTERNAL OPERATIONS COMMITTEE Contra DATE; CW March 10, 1986 S rf1� �/'1�1/ Liability Issues Involved in Sponsoring cour �/ SUBJECT: "Hands Across Contra Costa Day" SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: Request the County Administrator to obtain the following information and report to the Board on March 25, 1986: 1 . What is the cost of liability insurance to protect the County from any claim resulting from the actions of County officers or employees? 2. Is such insurance available? 3 . What limits should the Board place on the sponsorship of and involvement in the event on the part of the County; its officers and employees in order to reduce the potential liability exposure? 4 . Remove this item as a referral to our Committee. BACKGROUND: On January 21, 1986, the Board referred to our Committee the proposal to organize a "Hands Across Contra Costa Day" to coincide with the USA for Africa "Hands Across America" event being scheduled for Sunday, May 25, 1986. Our Committee has met with staff on two occasions to explore the liability issues involved in having the County, its officers and staff involved in this event. The principal liability exposure involves an injury which might occur to an individual who involved himself or herself and relied on implicit or explicit commitments from the County that it was safe to stand on a road, or to otherwise participate because of the County' s involvement in planning and approving the route, or in other aspects of the planning for this fund-raising event. County Counsel has indicated that the Board should define and approve any level of involvement by County officers or staff in this event. If additional liability insurance is available, it would help to protect the County from the possible exposure from CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER ��� SIGNATURE s�ncy C.�Fand�en unne W. McPeak ACTION OF F30W ON March 11 , 1986 APPROVED AS RECOMMENDED _X_ OTHER _ VOTE OF SUPERVISORS X III I 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. cc: County Administrator ATTESTED ___ March 11,_ 1946 County Counsel _ - - - _------- PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR J M382/7-83 B GC� 1A�ec�C DEPUTY Page 2 the involvement of County staff in the planning and execution of such an event. In the absence of such insurance coverage, Board-authorized participation in the activity will be covered by the County' s self-insurance program and funds. A United Way representative, who indicated they have obtained insurance to protect their involvement as co-sponsor of the event, would be willing to look into the possibility of carrying the County as "additional insured" if the County were to pay the additional premium. (Later in the day, the United Way representative reported back to the County Administrator' s Office that their insurance agent would not consider adding the County as "additional insured" and would not even quote a possible premium. It is clear that the extent of possible County exposure depends on the level and degree of involvement of County staff, particularly to the extent that individual participants rely on the County' s involvement as some level of guarantee that it is "safe" to participate and "safe" to stand on a particular County or city road while participating. Our Committee believes that the Board must provide guidance and direction to County staff on the level of their involvement. This can only be done based on advice from the County Administrator as to what insurance coverage may be available and at what cost and what involvement of County staff is warranted on the basis of that information. We have, therefore, made the above recommendations.