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Home My WebLink About*AGMT - Orange, County of (Desk space at PD) • SIP Project No.: 1233- 3 -10 -86 Donated Space: City of Seal Beach DONATED SPACE AGREEMENT THIS IS A DONATED SPACE AGREEMENT ( "Agreement ") executed November 11 , 2008, and between the City of Seal Beach, a municipal corporation, hereinafter referred to as "DONOR" and the County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WHEREAS, COUNTY's Social Services Agency employs over 4,100 dedicated and hard working staff and administers Federal, State, and County social service programs that protect children and adults from abuse or neglect; enable the frail and disabled to remain in their homes rather than being institutionalized; move eligible families from dependency to self - sufficiency; and, provide benefits for eligible Ca1WORKs, Food Stamps, Refugee, General Relief, and Medi -Cal recipients; and WHEREAS, the COUNTY has requested that the DONOR allow, at no cost to the COUNTY, the use of desk space at the DONOR's police station by employees of the COUNTY's Social Services Agency ( "SSA ") for the purpose of providing such programs; and WHEREAS, COUNTY's use of DONOR's facilities provides a vital link to the community and represents an opportunity to optimize and leverage resources; and WHEREAS, DONOR wishes to continue its role as a public partner to assist with the provision of such services; and WHEREAS, COUNTY will defend, indemnify and save DONOR harmless from all acts or omissions arising from the COUNTY'S use of DONOR's space and DONOR will defend, indemnify and save COUNTY harmless from all acts or omissions arising from DONOR's use of such space NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. In consideration of the agreements herein contained, DONOR hereby grants to COUNTY rent -free of those certain Premises ( "Donated Space ") described as: DESKSPACE WITHIN THE SEAL BEACH POLICE STATION located at 911 Seal Beach Boulevard, Seal Beach, CA 90740 2. Scope of Use: A. Number of employees, number of desks, precise nature of work and location of work. From one (1) to four (4) COUNTY SSA employees will periodically use Donated Space consisting of one Donated Space - Seal Beach - 4- 9- 08 -a.doc Page 1 of 4 r � , SIP 411) (1) or two (2) desks located in the main floor of the police station for the purpose of assisting and counseling clients., B. Hours: COUNTY SSA employees may use Donated Space during normal business hours, or at other times approved by the City Manager or his/her designee. C. Supplies, equipment areas beyond the assigned desk or room: COUNTY SSA employees may have reasonable use of City supplies and equipment while carrying out their duties, including computers, paper, and copying machines. 3. Maintenance. DONOR shall supply all repair, maintenance, janitorial supplies and services to said premises and Donated Space. 4. Utilities. DONOR shall be responsible for all charges for utilities to said premises and Donated Space. 5. Mutual Indemnity. COUNTY will defend, indemnify and save harmless DONOR, its officers, agents, employees and volunteers from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which DONOR, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, . errors or omissions of COUNTY, its officers, agents, employees, subtenants, invitees, or licensees, in connection with the occupancy and use of the Premises by COUNTY. DONOR will defend, indemnify and save harmless COUNTY, its officers, agents, employees and volunteers from and against any and all claims, demands, losses, damages, expenses or liabilities of any kind or nature which COUNTY, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damages to property as a result of, or arising out of the acts, errors or omissions of DONOR, its officers, agents, employees, subtenants, invitees, or licensees, in connection with the occupancy and use of the Premises by DONOR. Notwithstanding the foregoing, the monetary limitation of the Indemnification provided by COUNTY and DONOR shall not exceed One Million Dollars ($1,000,000) for each party. 6. Relationship between the COUNTY and DONOR. COUNTY and all of COUNTY's officers, employees and agents (Collectively "COUNTY" in this section 6) are, and shall at all times remain as to DONOR, a wholly independent entity. Any COUNTY personnel using the Donated Space under this Agreement shall not be employees of DONOR and shall at all time be under COUNTY's exclusive direction and control. COUNTY shall pay all wages, salaries, and other amounts due such personnel, as necessary. COUNTY shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. COUNTY shall have no power to incur any debt, obligation, or liability on behalf of DONOR. COUNTY shall not, at anytime, or in any manner, represent that it, he or she is an employee of DONOR. Donated Space - Seal Beach - 4- 9- 08 -a.doc Page 2 of 4 • 7. Term and Termination. This Agreement shall continue indefinitely, but may be terminated by either party hereto at any time by giving thirty (30) days written notice addressed to: COUNTY DONOR County of Orange City of Seal Beach SSA /Facilities Services 211 8th Street 888 N. Main St Seal Beach, CA 90740 Santa Ana, CA 92701 Attn: City Manager Attn: Manager // // // Donated Space - Seal Beach - 4- 9- 08 -a.doc Page 3 of 4 • 41110 • IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVED AS TO FORM: DONOR Office of County Counsel City Attorney. By: ( w6 ). A. kA-, J - BY: / 4 /ail /ir. Date: 7 2' - Quinn :arrow, City Attorney Date: November 11, 2008 CEO /Risk Management City Manager: By: C31 David Carman.y RECOMMENDED FOR APPROVAL COUNTY SOC • 1-S RVICES AGENCY COUNTY OF ORANGE titti • OS) Division Di -ctor By: Administrat' e Services Tony Ferrulli, Division Manager i OCPW/Real Estate and Asset Management Per Minute Order dated 12/10/2002 of the y: _ KA-44 , ade-d- Board of Supervisors and Delegated Age cy Real Estate Representative Authority Memo dated 1/10/2003 Date 10 Donated Space - Seal Beach - 4 -9 -08 -a.doc Page 4 of 4