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RESOLUTION NO. ?9'-,~/",~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE I
EXECUTION OF AN AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE ,
CITY OF SAN BERNARDINO RELATING TO A SECURITY GUARD PROGRAM FOR
THE PUBLIC MALL AREAS OF THE CENTRAL CITY MALL, THE THREE-LEVEL
I PARKING STRUCTURE, AND PARKING LOTS SURROUNDING THE CENTRAL CITY
MALL.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with the Redevelopment Agency of the City of San
Bernardino relating to a security guard program for the public
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mall areas of the Central City Mall, the three-level parking
structure, and,parking lots surrounding the Central City Mall, a
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copy of which is attached hereto, marked Exhibit "A" and incor-
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porated herein by reference as fully as though set forth at
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length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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, ALf~.J
on the O?/~J day of -;7~
vote, to wit:
Councilmen lcLflt; <,::~;6~a",
'ttui",#.. ~0 dtf_
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0-%i..~Lr
Bernardino at a
meeting thereof, helc
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, 1979, by the following
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AYES:
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NAYS:
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ABSENT:
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The foregoing resolution is hereby approved this~o?~a
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, 1979.
Approved as to form:
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City
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Att'orney
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A G R E E MEN T
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(Security Guard Program)
3 THIS AGREEMENT is made and entered into this ~~~ day of
4 ~~ ' 19~9, by and between the CITY OF SAN BERNARDINO,
5 a mun~c~pal corporat~on, hereinafter referred to as "CityU, and
6 the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a local
7 public agency, hereinafter referred to as "Agency".
8 WITNESSETH:
9 WHEREAS, City and Agency have previously entered into an
10 agreement, dated October 28, 1974, relating to a security guard
11 program in the public mall areas in the Central City Mall, the
12 three-level parking structure, and parking lots surrounding the
13 Central City Mall; and
14 WHEREAS, said agreement was effective from September 13,
15 1974, through September 12, 1979; and
16 WHEREAS, the parties now desire to and do hereby terminate
17 the agreement entered into October 28, 1974, effective 0001 hours
18 on the effective date of this agreement, and further desire to
19 enter into a new agreement setting forth the present intentions
20 of the parties,
21 NOW, THEREFORE, in consideration of the terms, conditions
22 and provisions hereinafter set forth, it is agreed as follows:
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1. General. City retains Agency to provide, and Agency
24 ~grees to provide and administer, a comprehensive security guard
25 program of .foot patrol inside Central City Mall and a combination
26 of foot and motorized p~trol in the three-level parking structure
27 and the outside parking lot area for said Mall.
28 . . . . .
EXHIBIT "A"
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2. Scope of Work. The overall security guard program
2 encompasses a comprehensive plan for providing 24-hour security
3 coverage, incorporating the efforts of the Agency, City and the
4 Central City Company. Agency shall be responsible for the
5 employment, assignment, supervision and administration of all
6 security guard personnel assigned to the program and agrees to
7 maintain said personnel on duty daily, in acc6rdance with the
8 attached schedule, marked Exhibit "I" and incorporated herein by
9 reference. Said schedule may be adjusted as required by the
10 exigencies or needs of the security program,
11 As part of its citywide responsibility for general .law
12 enforcement, City shall supplement the security guard program by
13 providing the equivalent of one on-duty police officer to patro~
14 the Mall and adjacent parking areas, on a regular basis (4 to 8
15 hours per day), for approximately 43 hours per week. Said officer
16 or officers so provided shall be under the direction, supervision
17 and control of the Chief of Police of the City, who may vary
18 their hours of duty in emergencies and for higher law enforcement
19 priori ties.
20 In order to round out the program and provide night
21 security, Central City Company, by separate agreement, has agreed
22 to provide certain funds to assist in the overall financing of
23 the estimated cost of maintaining the personnel schedule contem-
24 pIa ted in Exhibit" I" .
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3. Personnel. Agency shall employ a security coordinator
26 to be in responsible charge of the day-to-day operations of the
27 program and may employ an assistant security coordinator to
28 provide supervision and continuity of direction at such times as
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the security coordiinator is not present. The security coordin-
2 ator and assistant security coordinator shall meet the minimum
3 qualifications required of other security guard personnel and
4 shall be working supervisors. The hours of employment of said
5 coordinator and assistant coordinator shall be cOnsidered as
6 being included in the schedule marked Exhibit "I".
7 All security guard personnel employed by Agency shall be
8 off-duty or retired police officers or reserve officers who are
9 recommended by their supervisors. Security per$onnel shall have
10 training and knowledge in law enforcemen~ and shall be qualified
11 pursuant to Penal Code Section 832 (Training Course in Laws qf
12 Arrest and Carrying and Use of Firearms). Security personnel
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13 are authorized to arrest and to issue_notices to appear pursuant
14 to the provisions of Ordinance No. 3575 section 11, Section 836.5
15 and Chapter 5C of Part 2, Title 3 (Sections 853.6, et seq.) of
16 the Penal Code of the State of California for violations of
17 Ordinance Nos. 120 and 3575 relating to the Central City Mall and
18 public areas in, adjacent to, or immediately surrounding said
19 Mall.
20 Security guard personnel shall be of trim and neat
21 appearance and shall wear a standard uniform and badge approved
22 by Agency. Said personnel shall carry a side arm at all times
23 while on duty and shall qualify to use said side arm pursuant to
24 and in accordance with the regulations of their respective
25 police departments and the time requirements thereof, or every
26 ninety days, whichever period is the more frequent.
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4. Additional Duties. Security guard personnel may be
28 required by Agency to perform additional related duties, includin
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serving as public information officers, and coordinating their
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5. City Cooperation. City agrees to cooperate fully with I
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operated in strict conformance with all applicable City policies, II
rules and regulations. Agency agrees to replace, in-kind any ;
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lost radio equipment and to compensate the City for any damage I
to a City owned vehicle or radio utilized in the program occurring I
as a result of negligence of Agency or its security guard
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duties with on-duty police officers.
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Agency in the implementation of the security guar?program.
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City owned patrol vehicle and handi-talkie radio units shall
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continue to be provided and maintained for use in the security
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guard program.
Such vehicles and radio equipment shall be
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13 personnel, officers, employees, or agents. City agrees tb ,prcwid~
14 an office for the use of Agency in administration of the security
15 guard program.
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6. Administration and Reporting. The performance of
17 City's obligations under this agreement shall be coordinated by
18 City's Public Buildings Superintendent. Agency shall provide
19 monthly reports to the City's Public Buildings Superintendent on
20 the first day of each month, verifying the number of hours of
21 patrol performed, and such other information relating to Agency's
22 obligations under this agreement as may be required by City's
23 Public Buildings Superintendent.
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7. Traffic Control. City agrees to continue to maintain
25 traffic control at times of unusual congestion and to assign
26 Police Department personnel to perform law enforcement duties in
27 and around the area of the Central City Mall as the situation
28 requires.
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8. Payments. City shall pay Agency for services provided
2 under the provisions of this agreement a sum not to exceed
3 Eighty-Four Thousand Five Hundred Dollars ($84,500.00) for
4 the term of this agreement, payable monthly on or before the
5 first day of each month, at the rate of Seven.Thousand Dollars
6 ($7,000.00) per month, or pro rata for any portion of a month,
7 except for the first May-June payment, which shall be in the
8 amount of Nine Thousand Five Hundred Do~lar~ ($9,500.00).
9 Said May-June payment shall be considered as including advance
10 funds to assist with the administration of. the program, and
II the final monthly payment shall be i;l.djusted.to ref:j.ec,t such
12 advance. All sums paid hereunder by City shall be used by
13 Agency for direct and indirect costs of the security guard program.
14 9. Term. This agreement shall be effective as of May 21,
15 1979, and shall continue for a period of one year.
16 10. Termination. Either party to this agreement may
17 terminate this agreement by giving a sixty (60) day advance
18 written notice of said termination, and thereafter this agreement
19 shall terminate.
20 11. Hold Harmless. City hereby agrees to, and shall,
21 hold Agency and the Central City Company, and their agents and
22 employees, harmless from any liability for damage or claims for
23 personal injury including death, as well as from claims for
24 property damage which may arise from Agency's operations using
25 the security guards under this agreement, whether such operations
26 be by Agency or by anyone or more persons directly or indirectly
27 employed by or acting as agent for Agency. City agrees to and
28 shall defend Agency and Central City Company, and their boards,
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I officers, agents and employees, from any suits or actions at law
2 or in equity for damages caused or alleged to have been caused,
3 by reason of security guards' operations pursuant to this agree-
4 Iment. Included in the phrase 'liability for damage or claims for
5 damage for personal injury, including death, as well as claims
6 for property damage as set forth hereinabove', shall be any and
7 all claims for false arrest or for false imprisonment by any of
8 the security guards employed by Agency with funds provided pur-
9 suant to this agreement.
10 Agency hereby agrees to, and shall, hold City, its elective
II and appointive boards, commissions, offiders, agents and employees
12 harmless from any liability for damage or claims for damage for
13 personal injury, including death, as well, as fromclafms for
14 property damage which may arise from Agency's negligence, other
15 than that through the security guards and the use thereof, under
16 this agreement, whether such negligence be by Agency or by any
11 one or more persons directly or indirectly employed by, or acting
18 as agent for Agency, but not including the security guards.
19 Agency agrees to, and shall, defend City and its elective and
20 appointive boards, commissions, officers, agents and employees
21 from any suits or actions at law or in equity for damages caused
22 or alleged to have been caused by reason of Agency's said
23 negligence.
24 12. Areas of Activity - Security G~rds. Agency shall
25 promulgate and enforce rules and regulations for the activities
26 of all security guard personnel wherein and whereby the
21 activities of said security guards are confined and limited to
28 the public areas of the Central City Mall, three-level parking
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structure and parking Lots.
Public areas shall be deemed to
include both publicly-owned and privately-owned property within
the Mall facility and the immediately adjacent parking areas,which
are open for general public usage as pedestrian walkways, and not
utilized for commercial purposes by any particular business or
enterprise. Said rules and regulations shall be developed in
conjunction with the City and the Mall management in order to
implement the purpose and intent of this agreement.
13. Amendment. This agreement may be amended or modIfied
only by written agreements signed by both parties, and failure on
the part of either party to enforce any provision of this agree-
ment shall not be construed as a waiver of the right to compel
enforcement of such provision or provisions,
14. Assignment. This agreement shall not be assigned by
Agency without the prior written consent of City.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
~4d
G1:ty ler
REDEVELOPMENT AGENCY
OF SAN BERNARDINO
CITY OF
ATTEST:
By
Approved as to fo=:
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City ttorney ,
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