HomeMy WebLinkAboutMINUTES - 07151997 - SD2 SD2 .
TO: BOARD OF SUPERVISORS s.....
.Contra
c
FROM:'f Costa
Finance Committee
n.
County
R
DATE: � sl !fir
July 8, 1997
SUBJECT:
POLICY ON VOLUNTEERS AND DONATED MATERIALS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. CONTINUE to encourage volunteer contributions of time and materials through two
channels: .
a) under the established county volunteer program sponsored by departments;
and
b) under a new, and yet to be established, county procedure for one-time
community projects which require sponsorship by a community service
organization with appropriate insurance to cover potential legal exposure.
2. DIRECT the County Administrator to take lead responsibility to communicate the
county volunteer policy to the public and appropriate agencies, to advise and refer
persons interested in volunteer work, and provide general coordination among
department staff operating volunteer programs.
3. DIRECT the County Administrator to establish a pilot program using county retirees
to provide information and referral services to the public at the Administration
Building and other County Buildings with substantial public foot traffic.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Joe Canciamilia Gavle B Uilkema
ACTION OF BOARD ON July 15, 1997 APPROVED AS RECOMMENDED X 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.
CC: Phil Batchelor, CAO ATTESTED July 15, 1997
Risk Management PHIL BATCHELOR,CLERK OF THE BOARD OF.
County Cousnel SUPERVISORS ND COUNTY ADMINISTRATOR
Claude Van Marter, CAO
M382 (10/88) BY DEPUTY
Page 2
4. REQUEST the County Administrator to continue to explore other channels under
which the public can be encouraged to volunteer time and materials which is
relatively simple and allows for reasonable protection from legal exposure.
BACKGROUND:
On May 5, the Finance Committee considered the current policies on the use of volunteers
and donated materials. The review was occasioned by delays with two projects which
were to be undertaken by volunteers, as described in the attached Board Order.
After discussion with representatives of the Public Works, Risk Management and County
Counsel, the Committee concluded:
1. improvement is needed in communicating and coordinating the county volunteer
program;
2. a new policy is needed for one-time community projects which is simple enough to
follow and thereby serve to encourage volunteerism; and
3. a policy should be considered for one-time community projects which cannot gain
sponsorship from a community service organization with appropriate insurance.
On June 16, a staff report responded to the Committee concerns. A sample agreement
which could be a model for one-time community projects was presented. A new initiative
was proposed under which the County Administrator more actively communicates county
policy to the public, and to county employees as well as coordinates existing volunteer
programs. This communication effort would include written materials and perhaps a
program on CCTV, and would include discussions with Municipal Advisory Committees.
However, more research would be required to formulate a policy for a potential group of
volunteers not able to comply with the existing volunteer policy or the proposed new policy
for one-time community projects.
Contra
To: BOARD OF SUPERVISORS Costa
FROM: Supervisor Joe Canciamilla _ "? .s County
OOST'9`COUK� �v,
DATE: March 4, 1997
SUBJECT: REFER TO THE FINANCE COMMITTEE THE REVIEW OF THE COUNTY'S POLICY
REGARDING THE USE OF VOLUNTEERS AND DONATED MATERIALS.
,
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION: Refer to the Finance Committee the review of the County's policy
regarding the use of volunteers and donated materials.
BACKGROUND INFORMATION: Community based organizations in East County have proposed
improvements to areas within the County utilizing volunteer labor and donated materials as a means
of reducing the cost of a project or ultimately providing an improvement at no cost. Many times these
improvements are proposed for public areas or properties. Two specific projects in the Discovery
Bay area (the installation of bleachers in Cornell Park and the placement of a pedestrian walkway on
a Willow Lake Court median island) have been placed on hold due to prohibitive restrictions or costs.
These additional costs and/or restrictions serve to discourage individuals, organizations, and
companies from participating in a community improvement project. Every effort should be made to
utilize volunteer labors and donated materials, and policy should be developed to provide staff
direction to find creative, flexible ways to achieve the installation of public improvements with the
least cost and most efficiency.
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION ARD N March 4. 19;'7 APPROVED AS RECOMMENDED: X OTHER:
VOTE OF SUPERVISORS:
_ X_ UNANIMOUS(ABSENT )
Post-It",brand fax transmittal memo 7671 kw pages ►
TO `_ J_ From
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Dept. phone M
PERMISSION TO ENT ER X n 64SE OF fax#
LIABILITY A GE_IM_
Permission is hereby granted by Contra. Costa County (COUNTY) for the Rotary Club of
El Sobrante (Permittee) to enter upon the property of COUNTY, commonly known as the El
Sobrante Library, 4191 Appian Way, El Sobrante, hereinafter referred to as the Premises, for the
purpose or purposes of painting the exterior of the building.
This permission is for the period from April 14, 1997, to May 31, 1997, and may be
revoked by COUNTY's Lease Manager, at will. `
In consideration of this Permission, it is understood and agreed as follows:
1. Conditions of Access,
Arrangements for access to the Premises shall be made in advance by prior agreement
with County Library Administrator Jerry Prideaux, who shall have the right to change or
terminate said access at any time during the period of this Agreement.
2. y Precautions.
Permittee agrees not to (a) employ or use Vvays, means or objects which are
dangerous or pose hazardous risks over and above those normally incurred in the type of activity
contemplated by this Agreement, or(b) load, unload, handle or store any material or substance in,
on or around the Premises which would be dangerous or affect the insurance rates over and above
those normally incurred in the type of activity contemplated by this Agreement.
3. Lawfulct.
Permittee agrees that it will obey and observe, and that it will use due diligence to
require all persons entering upon the Premises under this Agreement to obey and observe, all
terms of this Agreement and all applicable laws, ordinances, orders, rules, and regulations relating
to the use of the Premises whether federal, state or local in origin and relating to the use of the
Premises. Permittee shall be responsible for paying all fines, penalties or charges which may be
levied for violation of laws, orders, rules, regulations, ordinances, and requirements arising out of
the operations of Permittee or its agents.
4.:: Jim D-f Premises.
The Premises shall be used exclusively by Permittee for painting the exterior of the
building. Permittee agrees that it will not use, and that it will use due diligence to require all
persons entering upon the Premises under this Agreement not to use, the Premises in whole or in
part during the term of this Agreement for any purpose other than as hereinabove set,forth, except
with the prior written consent of the COUNTY's Lease Manager. Permittee shall bring its own
equipment, fixtures, and other personal property necessary or convenient to its operation of the
Premises.
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5. uti n:
Permittee, at its expense, shall comply with all applicable laws, regulations, rules, and
others, with respect to the use of the Premises, regardless of when they become or became
effective, including, without limitation, those relating to health, safety, noise, environmental
protection, waste disposal, and water and air quality, and fiunish satisfactory evidence of such
compliance upon request of COUNTY.
No hazardous materials shall be handled at any time upon the Premises. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or from the Premises
due to Perminee's use and occupancy thereof, Permittee, at its expense, shall be obligated to clean
all the property affected thereby, whether owned or controlled by COUNTY or any third person,
to the satisfaction of COUNTY (insofar as the property owned or controlled by COUNTY is
concerned) and any governmental body having jurisdiction thereover.
To the extent permitted by law, Permittee shall indemnify, hold harmless, and defend
COUNTY and such holders of user rights against all liability, cost, and expense (including,
without limitation, any fines, penalties,judgments, litigation costs, and attorneys' fees)incurred by
COUNTY and such other users as a result of Permittee's breach of this section or as a result of
any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability,
cost or expense arises during or after the term of this License, unless such liability, cost or
expense is proximately caused solely by the active negligence of COUNTY.
Permittee shall pay all amounts due COUNTY under this section within ten (10) days
after any such amounts become due.
6. Alterations aa Surrender. Premises.
(a) Permittee shall not commit, suffer or permit any nuisance in or about said
Premises. Permittee further agrees to comply with all federal, state, and local laws and
regulations concerning said Premises and the use thereof.
(b) Permittee shall not make any alterations to the Premises without the consent of
COUNTY's Lease Manager.
7, Duly t4r�W Goods,Fire Equipment.
COUNTY shall have no liability for any loss or damage to goods, property, and
equipment of Permittee or third persons, located upon or used in connection with the said
Premises irrespective of the source of such loss or damage. Permittee shall provide, at its own
expense, such security guards or alarm system as it may deem necessary for the security and
protection of its goods and operations.
Permittee shall cause all goods, material, and equipment to be stored in such a
manner that any fire equipmerrt and controls on the Premises are readily accessible at all times. In
the event of any danger or damage to COUNTY's property caused by fire, earthquake or Eke
hazard, COUNTY shall be immediately notified by Permittee.
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8. ReleaseQf LiabiliV.
Permittee acknowledges that entry onto and use of the Premises carries with it a
certain risk and agrees to release the COUNTY, its board, officers, agents, and emptoyees from
any liability for death of or injury to Permittee or Permittee's representatives while present on the
Premises, except for liability resulting from the sole negligence or sole willful misconduct of the
COUNTY.
9. Hold Harmless Md Indemnification.
1) Permittee shall defend, indemnify, save, and hold harmless COUNTY and its
boards, officers, and employees from any and all claims, costs, and liability for any damages,
sickness, death or injury to person(s) or property, including, without limitation, all consequential
damages from any cause whatsoever arising directly or indirectly from or connected with the
operations of or use of the Premises by Permittee or its agents, servants, employees or
subcontractors hereunder, save and except claims or litigation arising through the sole negligence
or sole willful misconduct of the COUNTY or its officers or employees, and will:make good to
and reimburse the COUNTY for any expenditures, including reasonable attorneys` fees, the
COUNTY may make by reason of such matters and, if requested by the COUNTY, will defend
any such suits at the sole cost and expense of Permittee.
2) Insurance. During the entire term of this Agreement and any extension or
modification thereof, Permittee shall keep in effect insurance policies meeting the following
insurance requirements unless otherwise expressed.
a. Liabili Insurance. Permittee shall provide comprehensive general liability
insurance, with a minimum combined single-limit coverage of$500,000 for all damages, including
consequential damages, due to bodily injury, sickness or disease, or death to any person or
damage to or destruction of property, including the loss of use thereof, arising from each
occurrence. Such insurance shall be endorsed to include the COUNTY and its boards, officers,
and employees as additional insureds as to all operations of Permittee under this Agreement. Said
policies shall constitute primary insurance as to the COUNTY and its boards, officers, and
employees, so that other insurance policies held by them or their self-insurance programs) shall
not be required to contribute to any loss covered under Permittee's insurance policy or policies.
b. Certificate ranee. Permittee shall provide the COUNTY with (a)
certificate(s) of insurance evidencing liability insurance as required herein no later than the
effective date of this Agreement. If Permittee should renew the insurance policy(ies) or acquire
either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the
policy at any time during the term of this Agreement, Permittee shall provide (a) current
certificate(s) of insurance.
c. Additional Insurance Provisions. The insurance policies provided by
Permittee shall include a provision for ten (10) days written notice to COUNTY before
cancellation or material change of the above specified coverage. Coverage verification must be
approved by the COUNTY prior to the effective date of this Agreement.
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10. Destruction Premises.
(a) Due in Risk Not ed y Insurance. If the Premises shall, during the term of
this Agreement or any extension or renewal thereof ,be damaged in whole or in part through
activities of Permittee, the same shall be promptly repaired, rebuilt or replaced by Permittee, at its
sole expense, at least to the extent of the value, and as nearly as possible to the character of the
Premises existing immediately prior to such occurrence within the Premises and the losses not
covered by the insurance provided under this Agreement.
(b) Waiver 1f Civil Code Sections. Permittee waives the provisions of Civil Code
Sec. 1921(2) and Civil Code Sec. 1933(4)with respect to any destruction of the Premises.
11. Signs.
No signs or placards of an advertising or promotional nature shall be painted,
inscribed or placed in or on the Premises or on any building or structure located thereon without
the prior written consent of the COUNTY's Lease Manager, which consent will not be.withheld
unreasonably. Permittee agrees to remove promptly and to the satisfaction of the COUNTY, at
the cost and expense of the Permittee, upon the expiration of the term or the earlier termination of
this Agreement, any and all signs and placards placed by it upon the Premises.
12. Inspection DUPremises.
COUNTY, its duly authorized representatives, agents or other persons for it, may
enter upon said Premises at any and all reasonable times during the term of this Agreement for the
purpose of determining whether or not Permittee is complying with the terms and conditions
hereof or for any other purpose incidental to the rights of COUNTY.
13. 3YAiyers.
No waiver by the COUNTY at any time of any of the terms, conditions, covenants or
provisions of this Agreement shall be deemed or taken as a waiver at any time thereafter of the
same or any other term, condition, covenant or provision herein contained, nor of the strict and
prompt performance thereof by Permittee. No option, right, power, remedy or privilege of the
COUNTY shall be construed as being exhausted or discharged by the exercise thereof in one or
more instances. It is agreed that each and all of the rights, powers, options or remedies given to
the COUNTY by this Agreement are cumulative, and no one of them shall be exclusive of the
other or exclusive of any remedies provided by law, and that the exercise of one right, power,
option or.remedy by the COUNTY shall not impair its rights to any other right, power, option or
remedy.
14. Attorneys'Pees.
If COUNTY commences, and prevails in, a lawsuit against Permittee to enforce any
provision of this Agreement, COUNTY shall be entitled to such attorneys' fees and costs of suit
as the court may deem reasonable.
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15. NondisQr mination.
Permittee herein covenants by and for itself, its agents, employees, and officers and
all persons claiming under or through it that this Agreement is made and accepted upon and
subject to the following conditions: that there shall be no discrimination against or segregation of
any person or group of persons on account of race, color, sex, creed, national origin o�ancestry,
in the use or enjoyment of the Premises; nor shall Permittee itself, nor any person claiming under
or through it, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of users or vendors in the
Premises.
The undersigned parties, having agreed to the above on this 0QA day of AJfaY�1997, at
o-v�` do hereby attest that it is an accurate and complete statement of the
agreeme ; that it contains all the terms and conditions agreed upon by the parties; and that no
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto.
COUN Y PE TEE n
By �L[ l
Director of General Services (Signer's Name)
RECOMMENDED FOR APPROVAL: dUrl-_
(Official Capacity)
By (70
Deputy County Administrator (Address)
By,--- (Pho
Lease Manager
By
(S er's Name)
(Official Capacity)
/J f L)e_'4'b
(AddressZ9-3 9 5kS Y-7
(Phone)
(NOTE: If Permittee is a corporation or non-profit organization, this Agreement should be
signed by two officers of the corporation or non-profit organization..)
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TOTAL P.05