HomeMy WebLinkAboutMINUTES - 05161995 - 1.48 TO: BOARD OF SUPERVISORS
`E ` Contra
FROM: Mark Finucane, Health Services Director
Costa
g,� s
County
DATE: April 28, 1995
SUBJECT: Authorization of Indemnification of Dow Chemical Company for Use of the
Dow Pittsburg Facility for a Household Hazardous Waste Collection Event
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize the Chair of the Board of Supervisors to sign the
attached "Access Agreement" providing indemnification and
saving and holding harmless the Dow Chemical Company from
liability for use of the Dow Pittsburg facility by the Health
Services Department for holding a household hazardous waste
collection event on. May 20 and 21, 1995. This Agreement has
been reviewed and approved by Risk Management..
FINANCIAL IMPACT: M..._.
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: YES SIGNATURE: A41-1-Z
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
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.
Contact: Robin Bedell-Waite 6-2286
CC: County Administrator ATTESTED �4
Health Services Director PHIL BATCHELDR,CLERK OF THE BOARD OF
Health Officer SUPERVISORS AND COUNTY ADMINISTRATOR
Risk Manager
Dow Chemical Company
BY Ug. DEPUTY
M382 (10/88)
i
The Dow Chemical Company, however, has a an additional "Access
Agreement" which they are requiring Contra Costa County to
sign in order to use the facility for the collection event.
We are requesting authorization for the Chair of the Board of
Supervisors to sign this attached Agreement.
CONSEQUENCES OF NEGATIVE ACTION:
The Health Services Department will not be able to implement
household hazardous waste collection event at The Dow Chemical
Company on May 20 and 21, 1995.
cc: County Administrator
Risk Management
Health Services Director
Health Officer
Robin Bedell-Waite, Hazardous Materials
Dow Chemical Company
y _ • Ir L4c&
ACCESS AGREEMENT
BETWEEN
THE DOW CHEMICAL COMPANY
. AND
This agreement is made this day of ,
199,, between THE DOW CHEMICAL COMPANY, a Delaware
corporation, on behalf of its manufacturing facility located
at the foot of Loveridge Road, Pittsburg, CA 94526,
hereinafter "Dow" and located
at , hereinafter "Visitor."
In order to allow access to the Pittsburg facility,
Visitor agrees to the following terms and conditions:
Visitor assumes the entire responsibility and liability
for losses, expenses, damages, demands, claims and lawsuits
based upon any injury or alleged injury to persons,
including death, or damage or alleged damage to property
sustained or alleged to have been sustained, in connection
with the visit and agrees to waive and hold harmless DOW,
its employees, officers, agents and assigns from any and all
losses, expenses, damages, demands, claims and lawsuits with
the exception of sole negligence or willful misconduct of
DOW, its employees, officers, agents or assigns.
WITNESS WHEREOF, the parties have executed this agreement
as of the day and year first above written.
THE DOW CHEMICAL COMPANY
Witness: By:
Title:
Visitor
t '
Witness: 00- By:
Title: Chair of the Board of of the Board of Supervisors