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HomeMy WebLinkAboutMINUTES - 10282008 - C.84 TO: BOARD OF SUPERVISORS Contra FROM: Carlos Baltodano Interim Director of Human Resources O -`"-s Costa ' -B�r7iiN11*•� ��y DATE: October 28, 2008 °°SrA �o;;Krc'`� County SUBJECT: 2008 Great American Smokeout Cold Turkey Trot Fun Run and Walk SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Chair, Board of Supervisors to execute a Hold Harmless Agreement with the East Bay Regional Park District for the use of the Martinez Regional Shoreline Park on Thursday, November 20, 2008 for the Contra Costa County Employee Wellness Program's 23rd Annual "Cold Turkey Trot" Fun Run and Fun;;Walk. FISCAL IMPACT:'` 11 All costs associated with the planned Great American Smokeout activities have been budgeted in the Employee Wellness Program budget. BACKGROUND: On Thursday, November 20, the American Cancer Society will celebrate the 32nd anniversary of the Great American Smokeout. The purpose of this nationwide annual event is to encourage smokers to give up smoking for 24 hours with the desired goal to convince smokers to quit smoking for life after participating in the Great American Smokeout. For the twenty-third year, the Employee Wellness Program is organ„izing countywide activities for the Great American Smokeout including Fun Walks at County worksite locations in Antioch on Tuesday, November 18, in Richmond on Wednesday, November 19, and a Fun Walk and Fun Run at the Martinez Regional Shoreline Park on Thursday, November 20, 2008. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not execute a Hold Harmless Agreement with the East Bay Regional Park District, the Employee Wellness Program will be unable to conduct the Fun Run and Fun Walk. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 75-:APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON oat 9 ZtVg'APPROVE AS RECOMMENDED � OTHA VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN V UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: pp^��- P��/� ATTESTED Q W CONTACT: DAVID J.TWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC:Human Resources Department-Employee Wellness Program(5-1752) County Administrator Risk Management BY, DEPUTY 9' The Board of Supervisors Contra David Twa Clerk of the Board Costa and County Administration:Building County Administrator 651 Pine Street, Room 106 (925)335-1080 Martinez,California 941553-4068 County John Gioia,District I Gayle B.Uilkema,District II ti Mary N.Piepho,District III Susan Bonilla,District IV Federal D.Glover, DistfICII,V October 2, 2008 Mark Ragatz - East Bay Regional Park District 2950 Peralta Oaks Court Oakland, CA 94605-0381 Re: Cold Turkey Trot at Martinez Regional Shoreline Park on November 20, 2008 Dear Mr. Ragatz: 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 Section 825 and for the payment of all sums which it is obligated to pay by reason of liability imposed by law and arising from their acts or failures 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 program is pre-funded to provide funds for payment of claims. Indemnification. The County shall defend, indemnify, save and hold harmless the'.East Bay Regional Park District, 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 the East Bay Regional Park District, or its officers or employees. County will make good to and reimburse the East Bay Regional Park District for any:expenditures, including reasonable attorneys'fees the East Bay Regional Park District may make by reason of such matters and, if requested by the East Bay Regional Park District, will defend any such suits at the sole cost and expense of the County. Sincerely, ..(e ederal Glover r hair, Board of Supervisors :k RH Jlg \\fs-riskm2k3\users$\gricius\My Documents\Self Insurance Letters\2008 Letters\ColdTurkeyTrotMst08.doc c: Nancy Zandonella, Human Resources—Employee Wellness Program (Form approved by County Counsel)