HomeMy WebLinkAboutMINUTES - 01241995 - 1.49 TO: BOARD OF SUPERVISORS sE L Contra
FROM: Mark Finucane, Health Services Director
�. Costa
January 10, 1995 T
County
DATE:
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
RECOMMENDATION:
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 February 25 and 26, 1995. This , letter has been reviewed and
approved by Risk Management.
FINANCIAL- IMPACT:
None.
BACKGROUND:
Health Services Department conducts household hazardous waste
collection events .at various sites throughout the County. 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 the agreement.
CONTINUED ON ATTACHMENT: _!LYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE . .OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED —2:f'- OTHER
VOTE OF SUPERVISORS
/ 1 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.
Contact: Robin Bedell-Waite 6-2286
CC: County Administrator ATTESTED JAN 2 4 4190
Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF
Health Officer SUPERVISORS AND COUNTY ADMINISTRATOR
Risk Management
Contra Costa Community College District n n
BY _DEPUTY
M382 (10/88)
I. y9
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 College
February 25 and 26, 1995.
cc: County Administrator
Health Officer
Risk Management
Contra Costa Community College District
Al
Phil Batchelor
The Board of Supervisors Contra Clerk of the Board
Costa G C� and
County Administration Building / / County Administrator
651 Pine Street, Room 106 (510)646-2371
Martinez,California 94553-1293 County
Torn Powers,1st District
Jeff Smith,2nd District aE_s""L--._of
Gayle Bishop,3rd District s'
Mark DeSaulnier,4th District
Torn Torlakson,5th District
January 24, 1995
Contra Costa Community College District
500 Court Street
Martinez, CA 94553
RE: Use of Diablo Valley College Parking Lot on Saturday and Sunday,February 25
and 26, 1995 for the Household Hazardous Waste Collection Program
To whom it may concern:
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
reimbuse 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 Diablo
Valley Community College District will defend any such suits at the sole cost and expense of
the County.
Sincerely,
Gayle 8ishop
Chair, Board of Supervisors