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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 `�� 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. Co Project: PROJECT NO.: GA 1254-279 Page 11 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: oliri/r4/1041,1(w-2(fly