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Home My WebLink AboutDONATED SPACE AGREEMENT/COUNTY PROBATION OFFICER IN HB POLICE DEPT. - 1996-07-15Council/Agency Meeting Held: 5 4(,, Deferred/Continued to.- "p-proved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature Council Meeting Date: July 15, 1996 Department ID Number: PD 96-015 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: RONALD E. LOWENBERG, Chief of Police SUBJECT: DONATED SPACE AGREEMENT WITH COU OF ORANGE Statement of Issue, Funding Source, Recommended Action, Alternative Actionls), Analysis, Environmental Status, Attachment s) Ir Statement of Issue: The Police Department has been allowing an Orange County Probation Offices to use an interview room in the Police Department to conduct field supervision interviews and counseling of subjects on probation who reside in Huntington Beach. The County requires that such use of space in a facility not owned and operated by the County be documented by way of a donated space agreement. This agreement memorializes the usage of space and indemnifies each party against the negligent acts of the other- The form of this agreement is dictated by the County of Orange. In order for the City to enter into this agreement, you must approve -the waiver of our standard Workman's Compensation, insurance, and hold harmless clauses. Funding Source: No fiscal impact on the City. Recommended Action: Approve the donated space agreement between the County of Orange and the City of Huntington Beach and authorize the City Administrator to sign the agreement on behalf of the City. Alternative _Acti_onts : Do not approve the donated space agreement. ti .1_ RRUEST FOR COUNCIL ACTI* MEETING DATE: July 15, 1996 Analysis: DEPARTMENT ID NUMBER: PD 96-016 About a year ago the Deputy Probation Officer assigned to Huntington Beach asked a Police Department supervisor if he could utilize an Investigation interview room a couple of times a month to interview juvenile and adult offenders on formal probation assigned to him for supervision. The reason for this request was to provide a more formal and official interview setting than was otherwise available to the probation officer in the field. The police supervisor determined that the request could be conveniently accommodated and granted it on an informal basis_ In June 1996 the County Real Estate office contacted the Police Department and advised that since the Probation usage of the office was being conducted on a regular basis, County administrative rules required that it be documented in a donated space agreement Such agreements are common, with over 140 existing throughout the County. In that these agreements do not involve financial issues or requirements for either party, most cities do not require action by a legislative body, and they are dealt with by the City Administrator. By resolution the City of Huntington Beach requires approval by City Council to enter into this agreement. Environmental Status: Not applicable I'XiEnt it - I City Clerk's Page Number Proposed donated space agreement 96-015.DOC -2- 07/01/96 1:47 PM GA 1233-4-18 Probation/Interview Huntington Beach Police Dept. DONATED SPACE AGREEMENT THIS IS A DONATED SPACE AGREEMENT executed Uf , 19' by and between the CITY OF HUNTINGTON BEACH and the COUNTY OF ORANGE, hereinafter respectively referred to as "DONOR" and "COUNTY" without regard to number or gender. 1. In consideration of the agreements herein contained, DONOR hereby grants to COUNTY rent-free use of those certain premises described as an office room at the Huntington Beach Police Department located at 2000 Main Street, City of Huntington Beach, County of Orange, State of California, for purposes of providing space for a Deputy •Probation Officer to conduct interviews of juvenile and adult offenders on formal ,probation, in accordance -with the following schedule: A. Days of use: 1 st and 3rd Wednesdays of each month, but may vary. B. Hours of use: 1:00 pm to 5:00 pm, but may vary. C. Frequency of use: twice per month, but may vary. 2. DONOR shall supply all repair, maintenance, janitorial supplies and services to said premises. 3. DONOR shall be responsible for all charges for utilities supplied to said premises. 4. COUNTY shall indemnify and save harmless DONOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which DONOR, 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. Likewise DONOR 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 DONOR, its officers, agents, employees, invitees, or licensees, in connection-with_the ownership, maintenance, or use of the premises. wnR:sd fwm.012 3mro5 IA5-7 i • 5. 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: GSA/Real Estate/Asset Management 14 Civic Center Plaza, 3rd Floor Santa Ana, CA 92701 Telephone: (714) 834-5503 Facsimile: (714) 834-5658 and Attn: Michael Schumacher Chief Probation Officer Probation - Santa Ana Office 909 North Main Street Santa Ana, CA 92701 Telephone #: (714) 569-2300 Facsimile #: (714) 569-3720 DONOR: City of Huntington Beach Attn: Michael T. Uberuaga City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telephone #: (714) 536-5575 Facsimile #: (714) 374-1557 Attn: Ronald E. Lowenberg Police Chief Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Telephone #: (714) 536-5902 Facsimile #: (714) 536-5605 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. COUNTY RECOMMENDED FOR APPROVAL: X,4rignature Director/Department Head (Operating Agency) July 17, 1996 Date By Michael Schumacher 6/4/96 CEO/Risk Management By_ Thomas Beckett 3/18/96 General Services Agency Real Estate1ASset Management By APPROVED AS TO r vnm GAIL HUTTON CITY ATTORFEY By. :i Deputy City orney Michael T. Uberuaga Print Name City Administrator Print Title COUNTYAOF ORANGE AW 4/$f p/1"em' t GSA/Real Estate/ t Per Minute Order dated 8/8/89 Per Delegation letter dated 1 /31195 Date WARAd fam.012 3M195 A5-7 GA 1233-4-18 Probation/Interview Huntington Beach Police Dept. DONATED SPACE AGREEMENT THIS IS A DONATED SPACE AGREEMENT executed 19 , by an between the CITY OF HUNTINGTON BEACH and the COUNTY OF ,ORANGE, hereinafter respectivel} referred to as "DONOR" and "COUNTY" without regard to number or, gender. 1. In consideration of the agreements herein contained, DONOR hereby grants to COUNTY rent-free use of those certain premises described as an office room at the Huntington Beach Police Department located at 2000 Main Street, City of Huntington Beach, County of Orange, State of California, for purpos of providing apace for a Deputy Probation Officer to conduct interviews of juvenile and adult offenders or formal probation, in accordance with the following schedule: A. Days of use: 1 st and 3rd Wednesdays of each month, but may vary. B. Hours of use: 1:00 pm to 5:00 pm, but may vary_ C. Frequency of use: twice per month, but may var. 2. DONOR shall supply all repair, maintenance, janitorial supplies and services to said premises. 3. DONOR shall be responsible for all charges for utilities supplied to said premises. 4. COUNTY shall indemnify and save harmless DONOR, its officers, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which DONOR, its officei agents; and'employees may sustain or incur or which may be imposed upon them for injury to or death c 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 c the premises by COUNTY. Likewise DONOR 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 o death of persons, or damage to property as a result of, or.arising out of, the sole negligence of DONOR, its officers, agents, employees, invitees, or licensees, in connection with the ownership, maintenance, or use of the premises. • • 5. This agreement shall continue indefinitely, but may be terminated by either party hereto at any time giving thirty (30) days written notice addressed to: O NTY: GSA/Real Estate/Asset Management 14 Civic Center Plaza, 3rd FIoor Santa Ana, CA 92701 Telephone: (714) 834-5503 Facsimile: (714) 834-5659 and Attn: Michael Schumacher Chief Probation Officer Probation - Santa Ana Office 909 North Main Street Santa Ana, CA 92701 Telephone #i: (714) 569-2300 Facsimile ##: (714) 569-3720 DONOR: City of Huntington Beach Attn: Michael T. Uberuaga City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Telephone l#: (714) 536-5575 Facsimile #J: (714) 374-1557 Attn: Ronald E. Lowenberg Police Chief Huntington Beach Police Department 2000 Main Street Huntington Beach, CA 92648 Telephone ##: (714) 536-5902 Facsimile ##: (714) 536-5605 rN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. COUNTY RECOMMENDED FOR APPROVAL: Director/Department Head (Operating Agency) CEO/Risk Management General Services Agency Real EstatelAsset Management APPROVED AS 'LU GAIL HUTTON C1TY ATTORIIEY By:i Deputy City*Aarae; L/ - 4' - zc:�' Date Michael T. Uberuaga Print Name 2`t Lttvu-&-rL— Printtlgp }iT�ST ConH� �RQcKw►y, � �k/� COUNTY OF ORANGE William A. Rawlings, Manager, GSA/Real Estate/Asset Management Per Minute Order dated 8/8/89 Per Delegation letter dated 1/31195 Date CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 16, 1996 County of Orange GSA/Real Estate/Asset Management 14 Civic Center Plaza, 3rd Floor Santa Ana, California 92701 Dear Mr_ Rawlings; The City Council of the City of Huntington Beach at the regular meeting held on July 15, 1996, approved execution of the enclosed agreement between the city and the County of Orange for the purpose of providing space for a Deputy Probation Officer to conduct interviews of juvenile and adult offenders on formal probation. When this agreement is executed, please send a copy to Connie Brockway, City Clerk, City of Huntington Beach, California 92648 for our records Sincerely, 6XV-z- 46-&� Connie Brockway City Clerk Fnclosure- Agreement CC Michael Schumacker Probation - Santa Ana Office CB/Jc G fo[lo%%up agrrnthriic (Telephone- 714-536-5227) • NQUf CITY OF HU' tiBEACH 2000 MAIN STREET August 16, 1996 96 AUG 19 13 48 CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY ll� CITY CLERK County of Orange GSA/Real Estate/Asset %4anaitement 14 Civic Center Plaza, 3rd Floor Santa Ana, California 92701 Dear Mr Rawlings, The City Council of the City of Huntington Beach at the regular meeting held on July 15, 1996, approved execution of the enclosed agreement between the city and the County of Orange for the purpose of providing space for a Deputy Probation Officer to conduct interviews of juvenile and adult offenders on formal probation When this agreement is executed, please send a copy to Connie Brockway, City Clerk, C itv of I iuntington Beach, California 92648 for our records Sincerely, �i /ULGC- Connie Brockway City Clerk Enclosure Agreement CC Michael Schumackcr Probation - Santa Ana Office CB{jc G_followup agrmtllrfjc ITelephone= 714-536-5227) ROBERT A. GRIFFITH Director. General Sernces Agency ROBERT G. LOVE ek-- U TV TY 0F DeAu1y Droclor, General Services AgencyCHARLES W. WEST 5 3 /J Ft A N CA E D recror, G50.7aeal Estate GENERAL SERVICES AGENCY REAL ESTATE 14 Civic Center Plaza, Third Floor Santa Ana, Camotnra 92701 (714)834-5503 FAX (714) 634-5658 July 22, 1996 Attn: Michael T. Uberuaga City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: FULLY EXECUTED DONATED SPACE AGREEMENT FOR PROBATION TO USE HUNTINGTON BEACH POLICE DEPARTMENT FOR INTERVIEWING GA 1233-4-18 Dear Mr. Uberuaga: Please find enclosed a fully executed original copy of the Donated Space Agreement for the subject project mentioned above. This executed copy is for your files. Thank you and your staff, again, for your assistance and cooperation with processing this agreement, and if you have any questions, please call me at (714) 834-5298. Sincerely W Jonathan W. Bordeaux Real Property Agent GSA/Real Estate/Asset Management cc: Ronald E. Lowenberg enclosure b:ds4-18.ok 1wb HB CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION TO: CAPT. BILL MAMELLI, Huntington Beach Police Dept. FROM: GAIL HUTTON, City Attorney DATE: July 2, 1996 SUBJECT: RLS 96-450 Use of room at police dept. You have asked me to approve a reciprocal hold harmless agreement between the County of Orange and the City of Huntington Beach. As I understand it, a probation officer wishes to make use of a table and two chairs in an interview room in the police department for purposes of interviewing his clients. The use will be on an occasional, as needed basis as has been the practice for over one year now. Evidently this practice came to the attention of a real estate official at the County of Orange who has informed the probation officer that the use of the room must cease unless the City and County enter Into this agreement. You have provided two original copies which my deputy will approve as to form with the understanding that your Request for Council Action will make clear that the Council must waive our standard workers compensation, insurance, and hold harmless clauses. Apparently the County mandates the use of this format. In reference to this, the City Clerk has sent me a memo stating that the County has requested to'wvaive notice for office space in the police department' With that memo she has sent an old resolution which references Govemment Code Section 25351 which requires a 60 days notice prior to going to bid to construct expand repair or lease a building. It appears that the waiver of notice to which she refers Is that 60 day period. The temporary and intermittent use of two chairs and a table in an enclosed area is more akin to the public use of the library than it is to a property interest created by a leasehold agreement. This is not even a license agreement, it is merely an agreement in which the County will hold the City harmless for its negligence and the City will hold the County harmless for its negligence. It thus does not fall under the ambit of Govemment Code Section 25351. This Request for Council Action can be placed as a matter on the consent calendar and I do not believe a formal resolution in addition to vote of the City Council is necessary. GAIL HUTTON, City Attorney /k c: Connie Brockway, City Clerk Michael Uberuaga, City Administrator Ray Silver, Asst. City Administrator. Ron Lowenberg, Police Chief — 7/mamelli