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CITY OF SAN BERh_ .RDIN
REQUEST ~ jR COUNCIL ACTION
Date: February 9, 1990
S b' t' RESOLUTION OF THE CITY AUTHORIZING
u Jec 'THE EXECUTION OF AN AGREEMENT
BETWEEN SAID CITY AND THE NATIONAL
ORANGE SHOW, A NON-PROFIT ORGANIZA-
TION CONCERNING THE PROVIDING OF
LAW ENFORCEMENT AND SECURITY SERVICE
AT THE NATIONAL ORANGE SHOW DURING
THE 1990 EXPOSITION.
From: JAMES E. ROBBINS
Deputy City Administrator
Dept: City Administrator
Synopsis of Previous Council action:
April 24, 1989 - Resolution 89-117 adopted an agreement between the City
and the National Orange Show
Recommended motion:
Adopt Resolution.
Contact person: James E. Robbins
Phone:
5122
Supporting data attached:
Yes
Ward:
n/a
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No,)
(Acct, DescriPtion)
Finance:
Council Notes:
Agenda Item No,
5-1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Last year the City and National Orange Show entered into an
agreement for the payment of city Police Reserve Officers who
worked during the Show. Informally, an additional $14,000
was paid to offset regular officers' overtime which was a
result of the Show.
This year Assistant Chief Harp and I met with Esther
Armstrong and Pat Morgan to discuss the attached Agreement.
As a result of those discussions, item three was changed to
say "upon request" rather than "shall". The problem is that
the workers change from day-to-day, so any list provided will
be outdated the next day. Orange Show has been very
cooperative and do provide such lists in a timely manner.
The second change is item six which sets out the payment for
regular overtime as a result of the Show. The amount is up
$4,000 from last year and represents 50% of projected
overtime associated with the Show.
These changes are significant and represent a new good faith
effort on the part of the staff and Board of Directors of the
Show. We are going to continue to meet to develop a
continuing agreement regarding reserves and regular overtime
payments. Additionally, we will be reviewing the mutual
benefit services each provides the other.
It is recommended that you adopt the resolution authorizing
entering into agreement.
FILED: ORANGE. STAFF
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXE~ION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL
3 ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING
OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE
4 SHOW DURING THE 1990 EXPOSITION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
The Mayor of the City of San Bernardino is
SECTION 1.
8 hereby authorized and directed to execute, on behalf of the
10 security services at the National Orange Show during its 1990
9 City, an agreement for the provision of law enforcement and
11 exposition, which agreement is attached hereto as Exhibit "A",
12 and is incorporated herein be reference as though fully set forth
13 at length.
14
SECTION 2.
The authorization to execute the above-
15 referenced agreement is rescinded if the parties to the
l6 agreement f ai 1 to execute it wi thin sixty (60) days of the
17 passage of this resolution.
l8 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
22
Bernardino at a
day of
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL
2 ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING
OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE
3 SHOW DURING THE 1990 EXPOSITION.
4
Council Members:
AYES
NAYS
ABSTAIN
5
ESTRADA
6
REILLY
7
FLORES
8
MAUDSLEY
9
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
l7
l8
w. R. HOLCOMB, Mayor
City of San Bernardino
19
Approved as to
20 form and legal content:
21 JAMES F. PENMAN,
City Attorney
22
BY~
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JFW:br[Orangesh.res]
February 23, 1990
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A G R E E MEN T
This AGREEMENT made and entered into this
day of
1990, 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 April 19, 1990 through April
29, 1990; and
WHEREAS, Orange Show desires that City provide law en-
forcement 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 ordi-
nances, 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 1990 annual Exposition from April 19, 1990 to
and including April 29, 1990. The Chief of police shall furnish
and provide such number of duly authorized and
qualified police officers and reserves dressed in distinctive
uniform
undercover officers, as shall be reasonably
and
necessary for law enforcement purposes to maintain law and order
and prevent breaches of the peace.
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2. Orange Show shall adopt and prominently post at all
entrances its rules and regulations including, but not limited
to, the prohibition of admission of any person wearing gang at-
tire, the prohibition of possession of any legal or illegal
weapons, and notice that those persons entering Orange Show do
so 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 1990 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 de-
tailed on the letter of understanding attached hereto and incor-
porated herein by reference marked Exhibit "A-I."
6. Orange Show agrees to pay $18,000 in 1990, 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 en-
forcement and all matters of law enforcement shall be under the
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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 di-
rect supervision and control and shall not be deemed to be em-
ployees of or under the direction or control of the National
Orange Show.
8. 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.
9. Orange Show undertakes and agrees to defend,
indemnify and hold harmless the city and its officers, agents
/////
03/29/90
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AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW PROVIDING
LAW ENFORCEME~ AND SECURITY SERVICES DUR- -G THE 1990 EXPOSITION.
and employees from and against all suits and causes of action,
1 claims, cost of litigation, damage or liability of any nature
2 whatsoever, for death or injury to any person, including the
3 employees and agents of Orange Show and its concessionaires and
4 lessees, or damage or destruction to any property of either
5 party hereto or third persons in any manner arising by reason of
6 or incident to the performance of this Agreement.
7 IN WITNESS WHEREOF, the parties hereto have executed this
8 agreement on the date first written herein.
Attest:
CITY OF SAN BERNARDINO
By
city Clerk
Mayor
Approved as to form
and legal content:
By
city Administrator
JAMES F. PENMAN
citY,...f\ttorney
By k..... 1 (~.k'......____
/)
NATIONAL ORANGE SHOW
By
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"EXHIBIT A"
A G R E E MEN T
This AGREEMENT made and entered into this
day of
1990, 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 April 19, 1990 through April
29, 1990; and
WHEREAS, Orange Show desires that city provide law en-
forcement 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 ordi-
nances, 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 1990 annual Exposition from April 19, 1990 to
and including April 29, 1990. The Chief of Police shall furnish
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.
03/29/90
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2. Orange Show shall adopt and prominently post at all
entranc.. its rules and regulations including, but not limited
to, ~ prohibition of admission of any person wearing gang at-
tire, the prohibition of possession of any legal or illegal
weapons, and notice that those persons entering orange Show do
so 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 1990 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 de-
tailed on the letter of understanding attached hereto and incor-
porated herein by reference marked Exhibit "A-l. II
6. Orange Show agrees to pay $18,000 in 1990, 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 en-
forcement and all matters of law enforcement shall be under the
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exclusive al. . unified control of the C___ef 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 di-
rect .upervision and control and shall not be deemed to be
em-
ployee. of or under the direction or control of the National
Orange Show.
8. 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 b, 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.
9. Orange Show undertakes and agrees to defend,
indemnify and hold harmless the city and its officers, agents
/////
03/29/90
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;;Gr\L",.:-lL:,i: oETWEEi'< SAID CITi "'.i'<0 iriE :-iATiuCJAL ORANGE SHOW PROVIDING
LAW ENFORCEMEN~ AND SECURITY SERVICES DURJ"r; THE 1990 EXPOSITION.
1 claims, cost of litigation, damage or liability of any nature
and employees from and against all sui~s and causes of action,
2 whatsoever, for death or injury to any person, including the
3 employ.e. and agents of Orange Show and its concessionaires and
4 lessees, or damage or destruction to any property of either
5 party hereto or third persons in any manner arising by reason of
6 or incident to the performance of this Agreement.
7 IN WITNESS WHEREOF, the parties hereto have executed this
8 agreement on the date first written herein.
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Attest:
CITY OF SAN BERNARDINO
By
city Clerk
Mayor
Approved as to form
and legal content:
By
City Administrator
JAMES F. PENMAN
city Attorney
NATIONAL ORANGE SHOW
By
By
03/29/90
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February 13, 1990
Mr. Pat Morgan
National Orange Show
689 South "E" street
San Bernardino, California 92412
Dear Mr. Morgan,
As per our conversation, this letter will serve as the
agreement between the National Orange Show and the San
Bernardino Police Department Reserve Officer unit to provide
police protection during the National Orange Show between
April 19, 1990 and April 29, 1990.
The National Orange Show agrees to pay Reserve Officers
$26,250.00, minus Social Security charges of $1,750.00 and
State Compensation charges of $1,198.00. The net amount of
$23,302.00 will be due on completion of the event.
The San Bernardino Police Department Reserve Officer Unit
agrees to provide 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 unforseen events.
Police Assistant Diana Richter will keep track of the names
of Reserve Officers and the total hours worked. On com-
pletion of the event she will supply your Payroll Department
with a complete list for individual payroll checks to be
generated.
"EXHIBIT A-1"
February 13, 1990
Page 2
Our signatures below will serve as an approval by each
organization of this agreement.
Sincerely,
.
Pat Morgan
National Orange Show
lId