HomeMy WebLinkAbout1993-117
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RESOLUTION NO. 93-117
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW, A
NON-PROFIT ORGANIZATION CONCERNING THE PROVISION OF LAW ENFORCEMENT
AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1993
EXPOSITION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The Mayor of the City of San Bernardino is hereby
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authorized and directed to execute, on behalf of the City, an
agreement of the provision of law enforcement and security services
at the National orange Show during its 1993 exposition, which
agreement is attached hereto as Exhibit "A", and is incorporated
herein by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to
it within
days
of the passage
of
this
sixty
(60)
execute
resolution.
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RES 93-117
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RESOLUTION AUTHORIZING AGREEMENT WITH NATIONAL ORANGE SHOW FOR 1993
EXPOSITION
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a relllllar meeting thereof, held on the 19th day
of April
, 1993, by the following vote, to wit:
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Councilmembers AYES NAYS ABSTAIN AffiENI'
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ESTRADA x
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REILLY ---1L-
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HERNANDEZ ---1L-
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MAUDSLEY ---1L-
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MINOR ---X...-
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POPE-LUDLAM ---X...-
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MILLER ----X-
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R~k~erk
The foregoing resolution is hereby approved this
April , 1993. /
day of
23 Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
BY: f1~i fr~~
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Res. 93-l17
1 A G R E E MEN T
2 This AGREEMENT made and entered into this ~+n day of
3 ~\,~ , 1993 by and between the NATIONAL ORANGE SHOW, a non-
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4 profit organization, hereinafter called "orange Show" and the CITY
5 OF SAN BERNARDINO, a municipal corporation of the State of
6 California, hereinafter called "city".
7 WIT N E SSE T H
8 WHEREAS, Orange Show will present a citrus Fruit Fair and
9 Exposition for eleven days, from May 13 through May 23,1993; and
10 WHEREAS, Orange Show desires that city provide law enforcement
11 and security for said Fair and Exposition; and
12 WHEREAS, City is willing to provide said law enforcement and
13 security,
14 NOW THEREFORE, the parties hereto agree as follows:
15 1. The Chief of Police of city shall have the sole and
16 exclusive responsibility of enforcing San Bernardino city
17 ordinances, applicable State and Federal laws and regulations, and
18 all law enforcement related rules and regulations of the Orange
19 Show, on the grounds of the National Show for the entire duration
20 of the 1993 Annual Exposition from May 13 up to and including
21 May 23, 1993. The Chief of Police shall furnish and provide such
22 number of duly authorized and qualified police officers and
23 reserves dressed in distinctive uniform and undercover officers, as
24 shall be reasonably necessary for law enforcement purposes to
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maintain law and order and prevent breaches of the peace.
2. Orange Show shall adopt and prominently post
on
all
entrances its rules and regulations including, but not limited to,
RES 93-117
1 the prohibition of admission of any person wearing gang attire, the
2 prohibition of possession of any weapons, and notice that those
3 persons entering orange Show are subject to search for weapons and
4 contraband.
5 3. orange Show and its concessionaires and lessees shall
6 provide the Chief of Police of the City upon request a roster of
7 their temporary migrant workers and employees performing services
8 at the National Orange Show during the 1993 Annual Exposition.
9 4. City agrees that the San Bernardino Police Department
10 Reserve Officer Unit shall provide approximately 1557 hours of
11 reserve police coverage. The actual number of hours worked may
12 vary due to unforseen events.
13 5. Orange Show agrees to pay individual reserve officers
14 directly in the total amount of no less that $29,895 for police
15 coverage as specified in their Operational Plan marked Exhibit "A"
16 and attached hereto.
17 6. orange Show agrees to pay $31,680 in 1993 to city to
18 offset overtime costs of regular officers assigned to the Orange
19 Show to maintain law and order and prevent breaches of the peace.
20 7. orange Show agrees to pay 100% of reserve officer's
21 charges and 100% of all regular police overtime charges for all
22 future citrus Fruit Fairs and Expositions.
23 8. There shall be no divided responsibility for law
24 enforcement and all matters of law enforcement shall be under the
25 exclusive and unified control of the Chief of Police during the
26 periods of time herein provided for, and all law enforcement
27 personnel shall be deemed to be under the Chief of police's direct
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RES 93-117
1 supervision and control and shall not be deemed to be employees of
2 or under the direction or control of the National Orange Show.
3 9. Orange Show shall take out and maintain during the life
4 of the agreement such public liability and property damage
5 insurance as shall insure city, its elective and appointive boards,
6 commissions, officers, agents and employees from claims for damages
7 for personal injury, including death, as well as from claims for
8 property damage which may arise from Orange Show's or its agents'
9 or lessees' operations hereunder, whether such operations by Orange
10 Show, its agents, concessionaires or lessees or by anyone directly
11 or indirectly employed by Orange Show, its agents, concessionaires,
12 lessees or attendees, and the amounts of such insurance shall be as
13 follows:
14 (a) Public Liability Insurance. In an amount not less that
15 $2,000,000 for injuries, including but not limited to, death, to
16 anyone person and, subject to the same limit for each person, in
17 an amount not less than $2,000,000 on account of anyone
18 occurrence;
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(b) Property Damage Insurance. In an amount of not less that
$2,000,000 for damage to the property of each person on account of
anyone occurrence.
(c) Liability Certificate. The State of California, the
National Orange Show, and the city of San Bernardino,their agents,
officers, servants and employees shall be made additional insureds,
but only insofar as the operations under this contract are
concerned. All liability certificates must have 30 (thirty) days
cancellation notice.
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RES 93-119
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AGREEMENT WITH NATIONAL ORANGE SHOW FOR 1993 EXPOSITION.
1 10. Orange Show undertakes and agrees to defend, indemnify
2 and hold harmless the City and its officers, agents and employees
3 from and against all suits and causes of action, claims, cost of
4 litigation, damage or liability of any nature whatsoever, for death
5 or injury to any person, including the employees and agents of
6 Orange Show and its concessionaires and lessees, or damage or
7 destruction to any property of either party hereto or third persons
8 in any manner arising by reason of or incident to the performance
9 of this Agreement.
10 11. Both the City and the National Orange Show agree in the
11 fulfillment of this agreement to not discriminate against any
12 person on the basis of race, creed, color, religion, sex, national
13 origin, age, handicap, or ancestry.
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15 IN WITNESS WHEREOF, the parties hereto have executed this
16 Agreement on the date first written herein.
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Attest:
CITY OF SAN BERNARDIN
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Approved as to form and
23 legal content:
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City Administrator
JAMES F. PENMAN
city Attorney
NATIONAL ORANGE SHOW
BY:~~
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