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Home My WebLink AboutMINUTES - 11091993 - 1.51 TO: BOARD OF SUPERVISORS 5----L. E Contra FROM: Mark Finucane, Health Services Director Costa, ca !S County �•, y\ DATE: November 2, 1993 r?sp�.coiKr -�r SUBJECT: Authorization of Indemnification of Contra Costa Community College District for Use of the Diablo Valley College Site for a Household Hazardous Waste Collection Event SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDKTION: Authorize the Chairman of the Board of Supervisors to sign a letter providing indemnification and saving and holding harmless the Contra Costa Community College District from liability for use of the premises known as Diablo Valley College by the Health Services Department for holding a household hazardous waste collection event on. November, 13 and 14, 1993. FINANCIAL IMPACT: None. BACKGROUND: Health Services Department has been conducting household hazardous waste collection events at various sites throughout the County since June 26, 1993 . We have required that all property owners of sites to be used in this program be tied into the contract between Contra Costa County and Rollins CHEMPAK, Inc. through a third party agreement in order for Rollins to name them as additional insured. The Board of Supervisors approved a third party agreement form and authorized William B. Walker, Health Officer, to sign off on the agreement. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON - N( ypmhe r 9 , 1 9 9 3 APPROVED AS RECOMMENDED _X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT I I ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NQES• AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE'SHOWN. Contact: Robin Bedell-Waite 6-2286 cc: County Administrator ATTESTED November 9 , 1993 ' Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF Health Officer SUPERVISORS AND COUNTY ADMINISTRATOR Risk Management Contra Costa Community College District v M382 (10/88) BY DEPUTY The Contra Costa Community College District, however, has a written district policy which specifically prevents them from entering into any third party agreements. As they do require indemnification by the County for any liability arising out of the County's use of the Diablo Valley College site we are requesting the Chairman of the Board of Supervisors to sign the attached letter providing this indemnification. CONSEQUENCES OF NEGATIVE ACTION: The Health Services Department will not be able to implement a household hazardous waste collection event at Diablo Valley Collection November 13 and 14, 1993 . cc: County Administrator Health Services Director Health Officer Risk Management Contra Costa Community College District The Board of SupervisorsContra Phiil of Bate hard County Administration Building Costa and County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Z. Gayle Bishop,3rd District @� "r,`•.o Sunne Wright McPeak 4th District Tom Torlakson,5th District s sr';EUUN'� November 2, 1993 Contra Costa Community College District 500 Court Street Martinez, CA 94553 To whom it may concern: Re: Use of Diablo Valley College Parking Lot on Saturday, November 13 & Sunday, November 14, 1993 for the Household Hazardous Waste Collection Program 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-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 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 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, 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 Contra Costa Community College District and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to persons or property, from any cause whatsoever arising from use or occupancy by the County. County will make good to and reimburse Contra Costa Community College District for any expenditures, including reasonable attorneys' fees the District may make by reason of such matters and, if requested by Contra Costa Community College District will defend any such suits at the sole cost and expense of the County. Sincerely, /rn TOM TORLAKSON Chairman, Board of Supervisors TT:py CONTRA COSTA COMMUNITY COLLEGE DISTRICT OCT 18 1993 500 Court Street,Martinez,California 94553 (415)229-I000 3.610 CONTRA COSTA COLLEGE DIABLO VALLEY COLLEGE LOS MEDANOS COLLEGE 2600 Mission Bell Drive 321 Golf Club Road 2700 East Leland Road San Pablo CA 94806 Pleasant Hill,CA 94523 Pittsburg,CA 94565 (415)235-7800 (415)685-1230 (415)798-3500,(415)439-2181 APPLICATION FOR USE OF COLLEGE FACILITIES I hereby make application for use of District facilities on behalf of the below named organization. TYPE OF ORGANIZATION (Please Print) Religious 0 Name of Organization Contra Costa County Health Servi.c e s Dept. Community Non-profit 0 Community Serv.Contractor 0 Authorized Agent Peter A. Smith Public Agency C3 Address of Authorized Agent 4333 P c h e c o Blvd - , Martinez , CA 945 3 3 Private 0 Telephone Number ( 5 10) 646-2286 Name of person to be in charge if different from authorized agent Purpose of Meeting Household Hazard Waste Collection Will an admission charge or collection of funds of any type be made as prerequisite to participation? 0 Yes XXNo If"Yes,"what will the proceeds be used for: Amount per person HOURS FACILITIES REQUESTED DATES DESIRED FROM TO BUILDING ROOM SATURDAY November 13 , 1996: 00am Overflow Parking Lot - 7A and 7B SUNDAY November 14 . 1993 s16 : 00pm Number of Chairs — Number of Tables Expected Attendance 3 0 0 SPECIAL SERVICES OR EQUIPMENT.Complete the attached form if special services and/or equipment are needed.(if use of public address system equipment is required, it must be requested.) LOCATION OF DESIRED FACILITIES: 0 Contra Costa College 0 Los Medanos College D Diablo Valley College 0 District Education Center I understand that the use of college facilities must be in accordance with the rules and regulations of the Governing Board of the Contra Costa Community College District including possibility of cancellation should the facilities be needed for the educational program.I further understand that in connection with the use of facilities the organization named above is to pay the Contra Costa Community College District as stipulated. The above named organization and its members shall be held responsible for any and all loss,accident,neglect,injury or damage to person,life or property which may be the result of,or may be caused by the organization's occupancy of the facilities or premises,and for which the District might be held liable.The organization shall defend,save harmless and Indemnify the District and its officers,agents and employees against all liabilities and claims for damages for death,sickness or injury to persons or property,including without limitation,all consequential damages,from any cause what- soever arising from or connected with the organization's use of District facilities or equipment provided under this agreement resulting from the conduct, negligent or otherwise,of the organization,its agents or employees or their guests. Date Signature of Authorized Agent FOR COLLEGE USE ONLY X AD Charges as indicated on the attached listing. Cancellation of approved applications should be made at least 48 hours prior to the scheduled use.Use of facilities charges will be Invoiced If this notice Is not provided. Payment: 0 in advance by(date) 1 n/2 Q/.g 3 0 or within seven(7)days of receipt of invoice. 0 Certificate of insurance e Btr na$rn t*ct as an additional 0 Certificate of insurance waived. insured in the amount of _Mis on file with the college. APPROVED: 0 DISAPPROVED: D An approved application is the permit to use the named facilities.The organization's representative in charge I Signature of College President or Authorized Representative should bring the permit to each scheduled use. Date ftd-180/ftv OM Attachment to form 4cd-180 Charges applicable to application number 3279 Facilities Usage Cost Per Hour* Physical Education Classroom Building ❑Classroom..................................... $ 4.00 ❑ Gymnastics Room ........................... $12.00 ❑Conference Room.................................4.00 ❑ Wrestling Room ...............................12.00 ❑Laboratory ............................ ......18.00 ❑ Dance Studio..................................12.00 ❑ Lecture Hall ............................. .......10.00 ❑ Weight Room..................................12.00 ❑ Planetarium .....................................18.00 Other Athletic Facilities ❑ Performing Arts Center ...........................30.00 ❑ Pool..... ....................................14.00 ❑Performing Arts Center-rehearsal only..............14.00 ❑ Small Pool .. ................................ .4.00 ❑ Recital Hall-Music Building .......................12.00 ❑ Football Field ......... .......................46.00 ❑ Forum Room-Library Building .....................12.00 ❑ Football Field with Lights .......................70.00 Student Center ❑ Track......:..................................14.00 ❑ Entire Building ................................28.00 ❑ Track with Lights ..............................38.00 ❑ Dining Room only..............................18.00 ❑ Baseball Field .................................10.00 ❑ Lounge only...................................12.00 ❑ Softball Field ..................................10.00 ❑ Faculty Dining Room only ......................10.00 ❑ Tennis Court(per Court) .........................2.00 ❑ Recreation Room only..........................10.00 ❑ Other Athletic Field .............................10.00 Gymnasium U)Parking Lot(For use other than parking) ............10.00 ❑ Entire Gymnasium .............................18.00 ❑Concession Stand... ............................9.00 ❑ Half Gymnasium ................... ...........10.00 ❑Amphitheater or Quad ............................10.00 ❑ Entire Gymnasium with stage and seating ........36.00 ❑ Half Gymnasium with stage and seating ..........18.00 Facilities Cost Per Use ❑ Men's Locker and Shower Room...................24.00 (with Gym,Stadium,Pool or other facility) ❑Women's Locker and Shower Room................24.00 (with Gym,Stadium,Pool or other facility) *One to four hours a day.Hours In excess of four will cost 60%of the above rate.Includes operational and maintenance costs necessitated by use of facilities(such as supplies,utilities and personnel services of regularly employed District staff members). Special Equipment Fee ❑ Record Player........:..............................................................$15.00 plus labor charge for operator ❑Film Projector ........................................................................15.00 plus labor charge for operator ❑Slide Projector ................................... .................................15.00 plus labor charge for operator ❑VCR Projector........................................................................15.00 plus labor charge for operator ❑ Portable Public Address System........................................................15.00 plus labor charge for operator ❑Public Address System in Student Center/Gymnasium/Other Permanent System............30.00 plus labor charge for operator PURPOSE Labor Fee sc, supervision Custodial Security Other ❑Student Employees..................................... $ Coe per hour ❑Other Employees...............................P :P.4#N per hour ❑Police Services Officers.....................................Actual Cost ❑Reserve Security Officers ..................Actual Cost per hour plus 10% ❑Specialized services related to..............Actual Cost per hour plus 10% equipment(piano moving or tuning) Questions concerning fees to be charged should be directed to (Name) Margaret Stark Telephone/ext. 685-1230 Exp. 424 DISTRIBUTION; White-Organization Green-College Yellow-District Office Pink-Ceshiei s Office Goldenrod-Operations Department 4cd-1 BOA(Rev.8/88)