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HomeMy WebLinkAboutMINUTES - 05232000 - C84-C85 BOARD OF SUPERVISORS CONTRA COSTA COUNTY FROM: William Walker, M.D. Health Services Director DATE: May 23, 2000 SUBJECT: Participation of the Public Health Division at the Contra Costa County Fair from May 39 a June 4,2000 SPECIFIC REQUEJT(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommendation: Authorize the Health Services Director or his designee,Wendel Brunner,M.D.,to hold harmless and indemnify the 23'District Agricultural Association for use of booth space and participation by the Public Health Division at the Contra Costa County Fair during the period May 31through June 4, 2000. Background: None. Fiscal Im®alct• The Public Health Division of the Health Services Department will participate at the Contra Costa County Fair, distributing health education materials to promote health awareness for people attending the fair. CONTINUED ON ATTACHMENT: ®YES O NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 23 , 2000 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS (ABSENT #3 l I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT:_ ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED May 23 - 2 Q Q 0 CONTACT PERSON: CHERI PIES(393-8254) PHIL BATCHELOR,CLERK OF THE BOARD Of SUPERVISORS AND COUNTY ADMINISTRATOR CC: Public Health Director Health Services Director Cheri Pies,FMCH Programs Director B DEPUTY FORM F-31 AGREEMENT NQ:00-83C , V RENTAL AGREEMENT. ;DAZE , pri(28,2000 erns*t:+. 'FAIRTIME XX INTERIM . . ,... :. . THIS AGREEMENT,by and betweert,the 23rd District Agricultural Association hereinafter called the Association,and:. .Contra,.Qm a Health Seryl hereinafter cald6d lite Brauer . :s.,.,:WITNESSETH:. r: . :'. "frir . i. THAT Wiiu`REAS;'The Rentor desacs to see ere from the Association certain rights and privileges t4 obtaA'6&ation to use in itoa, . p tE '„ . Association Premises: May 31 through June 4,2400 2.NOW,THEREFORE, Association hercby'grants to.the Rentor the rig$•t to oral y the spaces)described below for-the purposes hereinafter set forth, subject to the tams and conditions of this agreement: �� ; Space#'3i iv aln Exhlbit Building 3. The purposes of occupancy shall be,lunited,tq,and shall be for no other purpose or purposes whatsoever: Health Education Materials. NO OTHER ITEMS! + 4. Rentor agrees to pay to Association for the rights and privileges befeby grant4llic amounts and in the manner set forth below. AMOUNT DUE$325.40 DE$OSIT OF 581.25(25'!.)19 i)UE BYMAY 5,2444 FULL PAYMENT DUE BY:MAY 12,2444 5. Association shall have the right to audit and monitor any and all sales as well as access to the premises. 6. Rentor further agrees to indemnify and save harmless Association and the State of California,their officers,agents,servants and employcAA ffom any and all claims,causes of action and suits accruing or resulting from any damages,injury or loss to any person or persons,including all persons tq,wllom.the Rentor may be liable under any Workers'Compensation law and Rentor himself and from any loss,damage,cause of action,claims or suits for damages including but not limited to loss of property,goods;wares or`merchandise,caused'by',brising out of;or in anyway connected with the exercise by Rentor of the privileges herein granted. ' ?. Rentor further agrees that he will not sell,exchange or barter,or permit his employees to'sell9 ezcliange'or barter,any permits issued to Rentor or his employees hereunder. 8. It is mutually understood and agreed that-this contract or the privileges granted herein,or any part thereof,cannot be assigned or otherwise disposed of without the written consent of Assobiatiort. 9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid,unless made in writing and signed by.the parties hereto,and that no oral understandings or agreements not incorporated herein and no alterations or variations of the terms hereof,unless made in writing and signed by the partys hereto,shall be bindingupon any of the parities hei'eeto. 14.The Rules and Regulations printed on rhe reverse side hereof are made a part of this agreement as though fully incorporated herein,and Rentor agrees that he has read this agreement and the said Rules and Regulations and understands that they shall apply,unless amended by mutual oonsent in writing of the parties hereto. i.. . 11.In the event Rentor fills to comply in any respect with the teems of this agreement and the xples and Regulations referred to herein,all payment for this rental spaoe shail'be deethid canted and non-refundable by Association and Association shall,have the right.to.occupy the space in any manner if deemed for the best interest of Association. 12.Spec al Provisions:An original insurance certificate v&O briglnal signatures as is compliance with the'enclosed F&13 must be in,our office no later than May 17,2404. If insurance is not available then it must be purchased through'our office far$70.40.CanWlatdons made thirty (30)days prior to the event will receive a 75%refund. There are no refunds made within thirty(30j days offhe'event. Exhibits A and B are incorporated herein and made•prgrtofthis contract.By signing this agreement,rentor agrees to comply with all Contl.a Costa County Fair rules and regulations and the State Fire Marshal Rules. 13.This agreement is not binding upon Association until it has been duly accepted and signed by its authorized representative,and approved(if required) by the Department of Food and Agriculture and the Department of General Services. IN WITNESS WHEREOF,This agreement has been executed in quadruplicate,by and on behalf of the parities hereto,the day and year fust above written. Christopher J.Baldwin Contra Costa health Services ' 23rd District Agriculture Cheri Pies,Director 0A Boz 1378 597 Center Ave.,Suite 365 Antioch,CA 94509 Martinez,CA 94553 By By Title Title (925)757-4400 (925)313-6254 L� State of California Division of Fairs&Expositions STANDARD CONTRACT TERMS AND CONDITTaNS (F-31,RENTAL AGREEMENT) 1. Contractor, by signing this contract,does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal Court which orders the Contractor to comply with an order of National Labor Relations Board(Public Contract Code Section 10296). 2. Contractor shall provide a worker's compensation insurance certificate if worker's compensation is required for this contract. This determination will be made by the DAA. 3. If,during the performance of this agreement,a dispute arises between the contractor and DAA Management which cannot be settled by discussion,the,contractor shall submit a written statement within eight hours of the incident giving rise to the dispute to DAA Management. A decision by DAA Management shall be made to the contractor within four hours, in writing, and shall be final and conclusive. Contractor shall continue to perform contract requirements without interruption during the dispute period. 4. It is understood and agreed that this contract shall be governed by the laws of the State of California both as to interpretation and performance. 5. During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate harass or allow harassment,against any employee or applicant for employment because of sex„ race,color,ancestry, religious creed,national.origin,physical disability(including BW and AIDS),mental disability, medical condition (cancer),age(over 40),marital status,;and denial of family care Ieave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provision of the Fair Employment and Mousing Act(Gov, Code Section 12900,et seq.)and the applicable regulations promulgated thereunder(CA Code of Regulations,Title 2, Section 7285.0,et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Gov.Code Section 12990(a-f), set forth in Ch. 5 of Div. 4 of Title 2 of the CA Code of Regulations are incorporated into this contract by reference and made part hereof as if set forth in full.Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. 6. Contractor by signing this contract hereby certificates, unless specifically exempted,compliance with Gov. Code Sect. 12990(a-f)and CA Code of Regulations,Title 2,Div. 4, Ch. 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. Prospective contractor agrees not to unlawfully discriminate,harass or allow harassment against any employee or applicant for employment because of sex,race,color,ancestry,religious creed,national origin, physical disability(including HIV and AIDS), mental disability, medical condition(cancer),age(over 40), marital status,and denial of family care leave. 7. Payment to be made in advance unless otherwise specified &. The DAA reserves the right to make all decisions regarding use of the property,unless otherwise agreed. . F-31,SCTC(rev. 2/97) TATE OF CALIFORNIA )EPARTMENT OF FOOD AND AGRICULTURE INSURANCE STATEMENT he conaactor/renter shall provide an original evidence of authorized insurance for the term of the agreement protecting legal liability of the State of :alifornia,District Agricultural Associations,County Fairs,or Citrus Fairs,their officers,agents,servants,and employees,from occurrences as to ommercial general liability insurance and other liability coverage as required.This may be provided by: f0suransa CedJ -`Che contractor/renter providing the fair with a signed original certificate of insurance(the ACORD form is acceptable),lawfully transacted,which sets forth the following: a List as the gddti nalln1,pred: "'Chat the state of California,the District Agricultural Association,County or Citrus Fairs,their agents,officers,servants,and employees are made additional insureds,but only insofar as the operations under this contract are concerned" b. Event Dates: The dates of inception and expiration of the insurance. For individual events,please list the specific dates on the insurance certificate.%sure to Include set-up and take down dates. C. Coverage: Commercial general liability in not less than the following amounts per occurrence: -S 1,000,000 for contracts deemed hazardous by the State of California; -$2,000,000 for amusement device contracts(including carnival,bungee cord jumping,Orbitrons and simulators); -$500,000 for other contracts for which liability insurance is required by the State of California. "Other liability coverage as required(i.e.,automobile,aircraft,professional). d. Cancellation Noll e: A statement by the insurance company that it will not cancel said policy or policies without giving 30 days prior written notice to the named certificate holder. For,jndi idual Events Only_-List fair along with an address as the certificate holder. Ear Ugster su agflCertiflcatgs Only-List the Division of Fairs&Expositions, 1010 Hurley Way,Suite 200, Sacramento,CA 95825,Contracts f. omuanv The company providing coverage must be acceptable to the California Department of Insurance. S2B 11, 5pc9i ! v nlg Lialillily Insurance-The Contractor/renter purchasing special events liability insurance through the fairgrounds,when applicable. OR III. Master Certificates-A master certificate of insurance which the contractor/renter has submitted to the State of California,Division of Fairs and Expositions,and which has been approved and is on file at the Division. QR IV. 5elf-Il3%ursngg„-In lieu of maintaining the insurance above,contractor/rcnter may be self-insured and will provide evidence of self- insurance upon request. The contractor/renter agrees that the commercial general liability(and automobile,aircraft and professional,if applicable)insurance herein provided for shall be in effect at all times during the term of this contract.In the event said insurance coverage expires at any time prior to or during the tern of this contract,contractor/renter agrees to provide the fair,prior to said expiration date,a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the contract,or for a period of not less that one(1)year. New certificates of insurance are subject to approval,and contractor agrees that no work or services shall be performed prior to the giving of such approval.In the event the contractor/;renter fails to keep in effect at all times the required insurance coverage;the fair may,in addition to any other remedies it may have,terminate this contract upon the occurrence of such event. Fli iciRant W :v.rs-For hazardous participant events*,the contractor/renter agrees to obtain a properly executed Release and Waiver of Liability Agreement(CFSA form"RELEASE.LIE")from each participant prior to his/her participation in the event(s)sponsored by contractor/renter. *Hazardous participant events include but are not limited to all athletic team events;all equestrian related events;race car,motorcycle or demolition derby type events;and stunt bike,skateboard or roller blade events.Contact California Fairs Service Authority at(916)921-22.13 for further information. FE-13(rev. 10/95) TO: BOARD OF SUPERVISORS COP FROM: William Walker, M.D., Health Services Director Contra Costa DATE: May 12,2000 County SUBJECT: HOLD HARMLESS AGREEMENT WITH UA CRAFTSMAN CENTER SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION REC'O .-_. .N ATIOLI: AUTHORIZE the Health Services Director or his designee(Julie Kelley)to hold harmless and indemnify the U.A. Craftsman Center for use of their facility( 1344 Roman Way,Martinez)on June 7, 2000 for a Healthy Families/Medi-Cal Enrollment Summit. RA _IMROU D: CCHS is sponsoring a strategic planning workshop at the facilities at 1304 Roman Way in Martinez on June 7, 2000. This is a follow-up on the December 8, 1999 meeting to discern progress and discuss next steps. FISCAL ZEA T: None. (CA DHS Outreach Funding) CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON May 23, 2000 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _XX UNANIMOUS (ABSENT—#-a—) 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 Person:Julie Kelley(370-5055) ATTESTED May 23, 2000 cc: Health Services Administration PHIL BATCHELOR,CLERK OF THE BOARD OF Julie Kelley SUPERVISORS AND COUNTY ADMINISTRATOR i. BYDEPUTY -00 THU 11 :54 AM P, 2 " RENTAL AGREEMENT THIS AGREEMENT,entered into this day of ,2000,in the City of Martinez, County of Contra Costa,State of California,by and bvdvcen U.A. Craftsman Center, Inc.,a corporation(hereinafter called"Owner")and the undersigned Licensee,to wit: I 1. Owner grants to Licensee the right to use the meeting hall on the premises owned by it and commonly known and described as 1304 Roman Way,Martinez, California, at the following time or times and for the following purpose: a. Date(s). — b. Time(s)Between the hours of and C. Purpose; 'I -x4,,,� 2. Licensee shall pay to the Owner in advance the sum of$&per for the foregoing use of the premises,plus a security deposit of$, v.do_returnable if all is in order. 3. Owner shall supply all utilities. Licensee may use such fuxriiture and equipment as is usually maintained in the aforesaid meeting hall but shall provide all other furniture, equipment and services required by it in its use of the premises. 4. Licensee agrees to use said premises and the furniture and equipment of Owner in a careful manner and to restore the same to Owner at the conclusion hereof in the satire condition as received(reasonable wear and tear expected). 5. Licensee shall save and hold harmless Owner from any and all liability to third persons resulting directly or indirectly from its use of the premises,and shall,prior to using the same,secure or maintain in full force and effect adequate to insure against such liabilities. 6. This license shall not be assignable without the express written consent of the Owner and shall be terminable immediately upon notice in writing by Owner to Licensee for breach of this or any other condition hereof. 7. Licensee shall not by virtue of this license acquire any leasehold or other interest of any nature in and to the premises or any part thereof,save and except only as a license to use the meeting hall as Herein provided. IN WITNESS WHEREOF,the parties hereto have subscribed or caused to be subscribed by their officers or representatives thereunto duly authorized,their names on the day and the year fust hereinablove written. I" Licensee Phone number . . CRAFTSMAN CENTER,INC. A corporation By.