HomeMy WebLinkAbout1990-361
RESOLUTION NO. 7t).3~1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND STACHE
ENTERTAINMENT, INC. CONCERNING THE PROVIDING OF LAW ENFORCEMENT
AND TRAFFIC CONTROL AT THE MAIN EVENT ROCK CONCERT HELD AT GLEN
HELEN REGIONAL PARK ON SEPTEMBER 1, 2 AND 3, 1990.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the City of San Bernardino execute an
agreement between said City and Stache Entertainment, Inc.,
concerning the providing of law enforcement and traffic control
at 1-215 Freeway Off-Ramp at Palm Avenue for the Main Event Rock
Concert.
SECTION 2.
That said agreement, a copy of which is
attached hereto marked Exhibit "A" and referred to and made a
part hereof as fully as though set forth at length herein, is
hereby approved.
SECTION 3.
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referenced agreement is rescinded if the parties to the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.
SECTION 4. That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute said agreement on
behalf of said City.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and
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Common Council of the City of San
meeting thereof, held on the ~&C~
Bernardino at
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND STACHE
ENTERTAINMENT, INC. CONCERNING THE PROVIDING OF LAW ENFORCEMENT
AND TRAFFIC CONTROL AT THE MAIN EVENT ROCK CONCERT HELD AT GLEN
HELEN REGIONAL PARK ON SEPTEMBER 1, 2 AND 3, 1990.
day of 6.~
C ' lib
ouncJ.1 Mem ers:
, 1990, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ESTRADA
,/
/
REILLY
FLORES
MAUDSLEY
v/"
MINOR
,/
POPE-LUDLAM
,/
i/
MILLER
J//
()"JUJ ~ ~-&A-/)U-<V-
~ Clerk ~
The foregoing resolution is hereby approved this ~~d1' day
of
liur
, 1990.
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. yorPro Tern
~J.ty of San Bernard' 0
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT
This Agreement made and entered into this ____ day of
August, 1990, by and between STACHE ENTERTAINMENT, INC.,
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hereinafter called "STACHE" and the CITY OF SAN BERNARDINO, a
Municipal Corporation of the State of California, hereinafter
called "CITY".
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WIT N E SSE T H
WHEREAS, STACHE will present the Main Event Festival, a
Music Concert for three days from September 1, 1990 through
10 September 3, 1990; and
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WHEREAS, STACHE desires that CITY provide law enforcement
12 and traffic control at the 1-215 Freeway Off-Ramp at Palm Avenue
13 for said Music Concert, and
14 WHEREAS, CITY is willing to provide said law enforcement
15 traffic control,
16 NOW, THEREFORE, the parties hereto agree as follows:
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1.
The Chief of Police of CITY shall have the sole and
18 exclusive responsibility of enforcing San Bernardino City
19 ordinances, and the applicable State and Federal laws and
20 regulations at the 1-215 Freeway Off-Ramp at Palm Avenue for the
21 entire duration of the Main Event Festival from September 1, 1990
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to and including September 3, 1990.
The Chief of Police shall
23 furnish and provide such number of duly authorized and qualified
24 police officers and reserves dressed in distinctive uniform, as
25 shall be reasonably necessary for law enforcement purposes to
26 maintain law and order and prevent breaches of the peace, as
27 described in the Cost Estimate attached hereto, and incorporated
28 herein by reference marked APPENDIX A.
JNM:msjStache.agm
August 8, 1990
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EXHIBIT A' '"
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2.
The Chief of Police shall furnish and provide such
vehicles and equipment as shall be reasonably necessary for law
enforcement purposes to maintain law and order and prevent
breaches of the peace as described in the cost estimate attached
hereto and incorporated herein by reference marked APPENDIX A.
The actual amount of vehicles and equipment may vary due to
unforseen events.
3.
The Chief of Police agrees to furnish approximately
440 hours of San Bernardino Police Officer coverage as detailed
on the cost estimate attached hereto marked APPENDIX A.
The
actual number of hours worked may vary due to unforseen events.
4.
The San Bernardino Police Department Reserve Officer
Unit agrees to provide approximately 120 hours of reserve police
coverage as detailed on the Cost Estimate attached hereto marked
APPENDIX A.
The actual number of hours worked may vary due to
16 unforeseen events.
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5.
STACHE agrees to pay individual Reserve Officers
18 directly in the total amount of not less than $1,440.00 as
19 detailed on the Cost Estimate attached hereto and incorporated
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21 Reserve Officers shall be in the same manner as described in
herein by reference marked APPENDIX A.
Method of payments to
22 Paragraph 8 of this agreement.
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There shall be no divided responsibility for San
6.
24 Bernardino Police Department law enforcement and all matters of
25 law enforcement shall be under the exclusive and unified control
26 of the Chief of Police during the periods of time herein provided
27 for, and all San Bernardino Police Department law enforcement
28 personnel shall be deemed to be under the Chief of Police's
JNM:ms/Stache.agm
August 8, 1990
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direct supervision and control and shall not be deemed to be
employees of, or under the direction or control of STACHE.
7.
STACHE, before commencing said Main Event, shall
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furnish and file with CITY a letter of credit, in a form
satisfactory to the CITY, in the sum of Twenty-two Thousand,
Eight Hundred and no/lOO Dollars ($22,800.00) (150% of contract
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price) conditioned upon the faithful performance of this contract
and upon the payment of all labor, vehicles and equipment
9 furnished in connection with this contract.
8. CITY will provide to STACHE an itemized account of all
actual expenses incurred by CITY on or before September 21,
1990, and STACHE agrees to pay CITY the amount of all actual
expenses, (including, but not limited to, all items listed on
14 APPENDIX A, attached hereto) incurred by CITY on or before
15 October 1, 1990.
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9.
STACHE shall take out and maintain during the life of
17 this Agreement such public liability and property damage
18 insurance naming CITY as co-insured, as shall insure CITY, its
19 elective and appointive boards, commissions, officers, agents and
20 employees from claims for damages for personal injury, including
21 death, as well as from claims for property damage which may arise
n from STACHE or its agents', concessionaires' or lessees'
23 operations hereunder, whether such operations be by STACHE, its
24 agents, concessionaires or lessees or by anyone directly or
25 indirectly employed by STACHE, its agents, concessionaires,
26 lessees or attendees, and the amounts of such insurance shall be
27 for public liability and property damage insurance in ,an amount
28 not less than $1,000,000 combined single limit.
JNM:ms/Stache.agm
August 9, 1990
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10.
STACHE 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 STACHE and its concessionaires and lessees, or damage or
destruction to any property of either party hereto or third
persons in any manner arising by reason of or incident to the
performance of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first written herein.
Attest:
CITY OF SAN BERNARDINO
By:
City Clerk
By
W.R. Holcomb, Mayor
STACHE ENTERTAINMENT, INC.
By:
Approved as to Form and
Legal Content:
JAMES F. PENMAN
City Attorney
BY~ 1 p~
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JNM:ms/Stache.agm
August 9, 1990
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A....DIX A
THE NAIl BYBIT FESTIVAL
Sep~eaber 1 - 3, 1990
COST ESTIMATE
Th1. co.~ e.~1aate 1. to cover the co.t of per.onnel and equ1p-
aent nece..ary to conduct traffic control a~ Pala and Kendal
Avenue for the "Main Event Fe.t1v.l" .cheduled in Septeaber. The
e.t1aate 1. ba.ed on two 10 hr. .h1ft. over. three day period of
t1ae.
Per.onnel p.y 1. ba.ed on "En .tep at t1ae and one half. No
benefit. or certificate p.y w.. figured in. Motor pay w.. fac-
tored in for the aotor officer.. Police Re.erve per.onnel will
be .cheduled on an 8 hr. per .h1ft ba.1. at a .12.00 per hr.
rate.
Q2iB6IIg~~ 2iB~Q~~ik
1. One police .ergeant per day on the f1r.t .h1ft:
10 hr.. x .36.04 per hr. x 3 day. . .1,081.40
2. One police corpor.l per d.y on the .econd .h1ft:
10 hra. x .30.69 per hr. x 3 d.y. .. 921.00
3. Eight aotor officer. per d.y, 4 per .h1ft;
10 hr.. x 8 officer. x .28.87 hr. x 3 d.y. . .6,929.00
4. Four police officer. per day, 2 per .h1ft;
10 hr.. x 4 officer. x .28.44 hr. x 3 day. . .3,412.00
s. Five police re.erve. per d.y on rotating 8 hr .h1ft.:
8 hr.. x 5 officer. x .12.00 per hr. x 3 daya . .1,440.00
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To~al Salary. .13,783.00
6121111!1~TR.T:tQI1
1. One .ergeant x 12 hr.. x 24.02 per hr.
2. One corporal x 8 hr.. x 20.46 per hr.
Total Ada1n. ..
. .
288.00
. .
164.00
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452.00
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APprNDIX A
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1. Two police unit.; fuel and aaint.nance co.t.:
3 day. x .28 per ail. x 30 ail.. daily. .
2. Nine aotorcycla.; fu.l and aaint.nanc. coata:
3 daya x .2~ per ail. x 30 ail.. daily. .
3. Flar.a: 30 ain. x .~~. 1~ ain. x .37 c.nt.
..tiaat. 20 hra. daily x 6 location.
on. flare p.r location:
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4. Mobil. Coaaand Poat:
3 day. x 100.00 p.r day . .
Total Equipa.nt · .
~o.oo
203.00
396.00
300.00
949.00
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BERNARDINO
~ECEI\lFrl
300 NORTH "0" STREET. SAN BERNAROINO. CALIFORNIA 92418 .
'90
All": '
1:..1.. L
JAMES F. PENMAN
CITY ATTORNEY
17141384-5355
August 23, 1990
Mr. Mark A. Yeager
P. O. Box 87
Riverside, CA 92502
Re: Stache Entertainment Agreement
Dear Mr. Yeager:
To follow up on our telephone conversation of last Friday,
August 17, on Monday, August 20th, the agreement went before the
San Bernardino City Council and was adopted, authorizing the
Mayor to execute the agreement.
Since you didn't get back to me, as I explained to you last
Friday, there can now be no changes or revisions because the
Ci ty Council will not meet again before Labor Day. Therefore,
Stache Entertainment must execute the agreement as it exists, or
there is no agreement and no police services.
If Stache executes the agreement, the letter of credit must
be posted and the insurance policy purchased prior to Thursday,
August 30, 1990. If this does not occur, we will assume that the
agreement is not acceptable to you and the services will not be
provided by the San Bernardino Police Department.
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hn N. t{rIiJ U
r. Assistant City Attorney
JNM:ms/yeager.ltr
cc: Mr. Michael Scafuto
Stache Entertainment
92341 Monte Vista Avenue
Montclair, CA 91763
cc: Rachael Krasney, City Clerk
Shauna Edwins, City Administrator
~an Robbins, Chief of Police
PRiDE iN PROGRESS