HomeMy WebLinkAboutC-4858 - Donated Space Agreement for HCA/Preventative Health Care for Adults at the Oasis Senior CenterDONATED SPACE AGREEMENT
WITH THE COUNTY OF ORANGE FOR HCA/PREVENTATIVE HEATH CARE FOR
t ADULTS AT THE OASIS SENIOR CENTER
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THIS IS A DONATED SPACE AGREEMENT ("Agreement") is made and entered
into as of this S1) 'day of June, 2011 by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation ("City"), and the COUNTY OF ORANGE, a
("County"), whose address is 405 W. 5th Street, Suite 610, Santa Ana,
CA 92701 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. County desires to provide a no cost health assessment and screening program
for adults in the City at the Oasis Senior Center ("Services").
C. City desires to provide County with space to provide such services at the Oasis
Senior Center located at 801 Narcissus Ave., Corona del Mar, California 92625.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
continue until terminated by either party hereto by giving thirty (30) days written notice.
2. DONATION
2.1 City grants to County, rent-free, use of those certain premises described
as: a ninety (90) square foot work space in the Oasis Senior Center Administrative
office located at 801 Narcissus Ave., Corona del Mar, California 92625 ("Premises") for
purposes of providing a no cost health assessment and screening program for adults in
the Corona del Mar area.
2.2 The parties agree the County may utilize the above described Premises in
accordance with the following schedule:
2.2.1 Days of use: Varies, County shall provide City with reasonable
notice of the dates and times that the County plans to utilize the premises so as to not
conflict with City's use of the Premises.
2.2.2 Hours of Use: Up to five (5) hours per visit to the Premises to
provide the Services.
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2.2.3 Frequency of use: Usually to two (2) times per month.
2.3 The County shall remove all materials, equipment, supplies, or documents
from the Premises that County brings to the Premises upon conclusion of Services each
day. The City shall not be responsible for any materials, equipment, supplies, or
documents that County brings to or leaves at the Premises.
3. CITY'S RESPONSIBILITIES
3.1 City shall supply all repair, maintenance, janitorial supplies and services to
said premises.
3.2 City shall be responsible for all charges for utilities supplied to said
premises except charges for telephone service, which shall be the responsibility of
County.
4. STANDARD OF CARE
County represents and warrants to City that it has, shall obtain, and shall keep in full
force in effect during the term hereof, at its sole cost and expense, all licenses, permits,
qualifications, insurance and approvals of whatsoever nature that is legally required of
County to practice and provide the Services.
5. HOLD HARMLESS
5.1 County shall indemnify and save harmless City, its officers, agents,
volunteers, and employees, from and against any and all claims, demands, losses, or
liabilities of any kind or nature which City, its officers, agents, and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property as a result of, or arising out of, the sole negligence of County, its
officers, agents, employees, subtenants, invitees, or licensees, in connection with the
occupancy and use of the Premises by County.
5.2 Likewise City shall indemnify and save harmless County, its officers,
agents, and employees from and against any and all claims, demands, losses, or
liabilities of any kind or nature which County, its officers, agents, and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property as a result of, or arising out of, the sole negligence of City its
officers, agents, employees, volunteers, invitees, or licensees, in connection with the
ownership, maintenance, or use of the premises.
6. HIPAA
6.1 City acknowledges that the Privacy Rule of the Health Insurance
Portability and Accountability Act ("HIPAA") requires County to safeguard and maintain
the confidentiality of any Protected Health Information ("PHI"). City agrees not to
access, remove, destroy, or relocate any of the materials, equipment, supplies, or
documents used by County while providing services. County agrees to use appropriate
Co Project: PROJECT NO.: GA 1254-279 Page 12
safeguards and to take all reasonable steps to prevent access to any PHI that may be
at the Premises, including informing its workforce, contractors and vendors of the
confidential nature of the records maintained by County.
7. NOTICES
7.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Celeste Jardine Haug
Oasis Senior Services Center
City of Newport Beach
801 Narcissus Ave.
Corona del Mar, CA 92625
7.2 All notices, demands, requests or approvals from City to County shall be
addressed to Consultant at:
Attention: Manager
HCA/Facilities Operations
County of Orange
405 W. 5th St., Suite 610
Santa Ana, CA 92701
[signatures to follow on next page]
Co Project: PROJECT NO.: GA 1254-279 Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date:%/
av �l�/ram
Kyle ov en
Deputy City Attorney
ATTEST:
Date: 7 1• C
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: •1• 'b- 1
By:
Lau r etweiler
Recreation and
Department Director
Senior
Services
COUNTY: COUNTY OF ORANGE,
ORANGE COUNTY HEALTH CARE
AGENCY
Date: - z - t/
ds, Division Manager
C Publi Works/ OC Facilities and Real
Estate
Per Minute Order dated May 4, 2010 and
Ordinance No. 10-010
Co Project: PROJECT NO.: GA 1254-279 Page 14
APPROVED AS TO FORM:
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By:
kzi,‘-. -A- Ay(
Sr. Deputy County Counsel
Dated: 6 _L0--(
RECOMMENDED FOR APPROVAL:
OC Public Works/Corporate Real Estate
By:
R
y Agent III
CEO Risk Management
By:
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