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HomeMy WebLinkAbout1991-168 RESOLUTION NO. 91-168 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 PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1991 EXPOSITION. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I I I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the city of San Bernardino is hereby authorized and directed to execute, on behalf of the city, an agreement for the provision of law enforcement and security services at the National Orange Show during its 1991 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a regular meeting thereof, held on the 6th day of May , 1991 by the following vote, to wit: 22 III 23 I I I 24 I I I 25 III 26 I I I 27 I I I 28 I I I 1 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 PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE SHOW DURING THE 1991 EXPOSITION. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members: AYES NAYS ABSTAIN ESTRADA x - REILLY x - FLORES x - MAUDSLEY x - MINOR x - POPE-LUDLAM x MILLER x C~~ The foregoing resolution is day of May , 1991. Approved as to form and legal content: JAMES F PENMAN, city Attorney this 9th -2- ", Res. 91-168 A G R E E MEN T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This AGREEMENT made and entered into this 29th day of May ,1991 by and between the NATIONAL ORANGE SHOW, a non- profit organization, hereinafter called "Orange Show", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter called "City". WIT N E SSE T H WHEREAS, Orange Show will present a citrus Fruit Fair and Exposition for eleven days, from May 9, 1991 through May 19, 1991; and WHEREAS, Orange Show desires that city provide law enforcement and security for said Fair and Exposition; and WHEREAS, City is willing to provide said law enforcement and security, NOW THEREFORE, the parties hereto agree as follows: 1. The Chief of Police of city shall have the sole and exclusive responsibility of enforcing San Bernardino City ordinances, applicable State and Federal laws and regulations, and all law enforcement related rules and regulations of the Orange Show, on the grounds of the National Orange Show for the entire duration of the 1991 Annual Exposition from May 9, 1991 to and including May 19, 1991. The Chief of Police shall furn- ish and provide such number of duly authorized and qualified police officers and reserves dressed in distinctive uniform and undercover officers, as shall be reasonably necessary for law enforcement purposes to maintain law and order and prevent breaches of the peace. 2. Orange Show shall adopt and prominently post all entrances its rules and regulations including, but not limited . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to, the prohibition of admission of any person wearing gang attire, the prohibition of possession of any legal or illegal weapons, and notice that those persons entering orange Show are subject to search for weapons and contraband. 3. Orange Show and its concessionaires and lessees shall provide the Chief of Police of City upon request a roster of their temporary migrant workers and employees performing services at the National Orange Show during the 1991 Annual Exposition. 4. city agrees that the San Bernardino Police Department Reserve Officer unit shall provide approximately 1,711 hours of reserve police coverage. The actual number of hours worked may vary due to unforeseen events. 5. Orange Show agrees to pay individual Reserve Officers directly in the total amount of no less than $26,250.00, as detailed on the Letter of Understanding attached hereto and incorporated herein by reference marked Exhibit "A-I." 6. Orange Show agrees to pay $19,425 in 1991 to City to offset overtime costs of regular officers assigned to the Orange Show to maintain law and order and prevent breaches of the peace. 7. There shall be no divided responsibility for law enforcement and all matters of law enforcement shall be under the exclusive and unified control of the Chief of Police during the periods of time herein provided for, and all law enforcement personnel shall be deemed to be under the Chief of Police's direct supervision and control and shall not be deemed to be employees of or under the direction or control of the National Orange Show. 8. Orange Show agrees to pay all booking fees incurred -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 by the city for the arrest and booking of any individual which takes place during the conduct of the Orange Show at the rate of $122.90 per individual booking. 9. Orange Show shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall insure City, its elective and appointive boards, commissions, officers, agents and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Orange Show's or its agents', concessionaires' or lessees' operations hereunder, whether such operations be by Orange Show, its agents concessionaires or lessees or by anyone directly or indirectly employed by Orange Show, its agents, concessionaires, lessees or attendees, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $2,000,000 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence; (b) Property Damage Insurance. In an amount of not less than $2,000,000 for damage to the property of each person on account of anyone occurrence. 10. Orange Show undertakes and agrees to defend, indemnify and hold harmless the city and its officers, agents and employees from and against all suits and causes of action, claims, cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the employees and agents of Orange Show and its concessionaires and lessees, or damage or destruction to any property of either -3- .' , . party hereto or third persons in any manner arising by reason of or incident to the performance of this Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written herein. Attest: CITY OF SAN BERNARDINO / ! ~cJ.&.~~"h'L~ C~ Clerk MAY Z ~i , I I , ,:MaYOl:I ..:!/t._ -',_ By Approved as to form and legal content: By ,A;/J/~;';Yi~iN;:;~/ city Administrator JAMES F PENMAN city Attorney NATIONAL ORANGE SHOW ~ By ~~ a~ -4- .' . Res. 91-168 March 28, 1991 Ms. Esther Armstrong National Orange Show 689 South "E" Street San Bernardino, CA 92412 Dear Ms. Armstrong: This letter will serve as the agreement between the National orange Show and the San Bernardino Police Department Reserve Officers unit to provide police protection during the National Orange Show between Ap~~l 9, 1991 and ~l 19, 1991. ~ ~ The National Orange Show agrees to pay Reserve Officers $26,250 for providing approximately 1,711 hours of police coverage as detailed on the National Orange Show Operations Plan. The actual number of hours worked and payment may vary due to unforeseen events. The National Orange Show further agrees to pay $19,425 to offset overtime costs of regular officers assigned to the Orange Show to maintain law and order and prevent breaches of the peace. The Police Department will keep track of the names of Reserve Officers and the total hours worked. On completion of the event, the Police Department will supply your Payroll Department with a complete list for individual payroll checks to be generated. Our signatures below will serve as an approval by each organization of this agreement. ,/;P//);~$/,'j SHAUNA EDWINS city of San Bernardino ~~ National Orange Show Exhibit "A-I"