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Cre. OF SAN BERNARDCO - REQU~)T FOR COUNCIL AC.....:bN
From: JAMES F. PEN~1AN
RESOLUTION OF THE CITY AUTHORIZING
Subject: 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 TH"R NArrT()N2H. ()RANf:li' C:f..t()W nnRTl\l~
THE 1989 EXPOSITION
Dept: City Attorney
Date: April 20, 1989
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
Diane C. Roth, Deputy City
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Contact patlon:
Phone:
5162
Supporting data attached:
Yes
Ward:
n/a
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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. CI'L.' OF SAN BERNARDCb - REQUeJr FOR COUNCIL AC~N
STAFF REPORT
The 1989 National Orange Show will occur from April 20, 1989
through April 30, 1989.
The City has traditionally provided law enforcement and
security services for the Orange Show. The City provides
regular officers primarily on overtime status at the
City's cost, and reserve officers for which the City is
reimbursed by the Orange Show.
The Agreement requires the Orange Show to indemnify the
City and to carry liability insurance naming the City
as an additional insured.
75-0264
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RESOLUTION NO.
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 1989 EXPOSITION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City of San Bernardino execute 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 1989 Exposition.
SECTION 2. That said agreement, a copy of which is
attached hereto, marked Exhibit ftAft and referred to and made a
part hereof as fully as though set forth at length herein, is
hereby approved.
SECTION 3. 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
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RESOLCTIO:; OF THE CITY ACTHORIZI~G THE EXECCTIO~ OF AN AGREEMENT
BETWEEN SAID CITY ArD THE NATIONAL,~~NGE SHOW PROVIDING LAW
ENFORCEMENT AND SEC,. ITY SERVICES r.., .,.ING THE 1989 EXPOSITION
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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April 20, 1989
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A G R E E MEN T
This AGREEMENT made and entered into this day of
April, 1989, by and between the NATIONAL ORANGE SHOW, a non-
profit organization, hereinafter called ftOrange Showft, and the
CITY OF SAN BERNARDINO, a municipal corporation of the State
of California, hereinafter called ftCityft.
WIT N E SSE T H
WHEREAS, Orange Show will present a citrus fruit fair
and exposition for eleven days, from April 20, 1989 through
April 30, 19891 and
WHEREAS, Orange Show desires that City provide law
enforcement and security for said fair and exposition1 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, and applicable State and Federal laws and
regulations, and shared responsibility of enforcing the rules
and regulations of the Orange Show, on the grounds of the
National Orange Show for the entire duration of the 1989
annual exposition from April 20, 1989 to and including April
30, 1989. 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
DCR:IlW
April 20 I 1989
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peace, as described on the National Orange Show Operations
Plan, attached hereto, and incorporated herein by referenced
marked Exhibit ftA_lft.
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
attire, 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 file with the Chief of Police of City a roster of their
temporary migrant workers and employees performing services at
the National Orange Show during 1989 annual exposition.
4. San Bernardino Police Department Reserve Officer
Unit agrees to provide approximately 1,864 hours of reserve
police coverage as detailed on the National Orange Show
Operations Plan, attached hereto marked Exhibit ftA_l.ft 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
$25,008.30, as detailed on the letter of understanding
attached hereto and incorporated herein by reference marked
Exhibit ftA_2.ft
6. 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
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April 20, 1989
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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.
7. 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
14 Orange Show, its agents, concessionaires or lessees or by
15 anyone directly or indirectly employed by Orange Show, its
16 agents, concessionaires, lessees or attendees, and the amounts
17 of such insurance shall be as follows:
18 (a) Public Liability Insurance. In an amount not less
19 than $2,000,000 for injuries, including, but not limited to,
20 death, to anyone person and, subject to the same limit for
21 each person, in an amount not less than $2,000,000 on account
22 of anyone occurrence;
23 (b) Property Damage Insurance. In an amount of not less
24 than $2,000,000 for damage to the property of each person on
25 account of anyone occurrence.
26 8. Orange Show undertakes and agrees to defend,
27 indemnify and hold harmless the City and its officers, agents
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April 20, 1989
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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 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
Mayor
Approved as to form
and legal content:
By
City Administrator
JAMES F. PENMAN
City Attorney.
NATIONAL ORANGE SHOW
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By
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April 20, 1989
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To
DON~LD J. BUR~ETT
CHIEF OF POLICE/VIA CHAIN OF COMMAND
1989 NATIONAL ORANGE SHOW
OPERATIONAL PLAN
.l":-t,:,i<.!
From
LT. R. CURTIS
Subject
Date
3-20-89
Approved
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Date
I. SCHEDULE
Commander/Lt. Curtis
A. DAY SHIFT 4-20-89 thru 4-30-89 0700 to 1500 hrs
(Shift *1) Supervisor - Sergeant to be assigned*
Mon - Fri = 2 Reserves* Sat - Sun = 7 Reserves*
* See daily assignment schedules
B. SWING SHIFT 4-20-89 thru 4-30-89 1500 to 2300 hrs
(Shift #2) Suoervisor - Sergeant to be assigned*
Squad #1 Squad #2
Corporal - to be assigned* 2 Officers - to be assigned*
5 Officers - to be assigned*
Reserves
11 Reserve Officers Mon thru Thurs
15 Reserve Officers Fri-Sat-Sun
Sub-Station #1 Reserve Coordinator 1500 - 2300 hrs
*See daily assignment schedules
C. GRAVEYARD SHIFT 4-19-89 thru 4-30-89 2300 to 0700 hrs
(Shift #3) Supervisor P-l regular officer to be assigned*
4 Reserve Officers to be assigned*
2 Reserve Officers on 4-19-89 only
*See daily assignment schedules
II. UNIFORI.! REQUIREr-1UJTS
Uniform of the day will be Class A Uniform, unless modified by the
Orange Show Commander.
III. EMERGENCY RESPONSE
A. In the event that additional police response is necessary, units will
meet at Sub ~l and under supervision will be directed to any location
on the Orange Show Grounds as a unit.
B.
In the event units are requested to leave the Oranae Show Grounds, thev
will meet at Sub =1 and under supervision deoart t~ the locaticn whic;
was requested by the Station Commander.
C. The number of emergency response units will be determined by the Stat~on
Ccmmander, Orange Show Commander or affected Area Com~ander based or the
ir:mediate si tuation.
EXHIBIT "A-I"
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SUB =,',~,,", ~ S,;'T[Orl~R'y.pr]S1S:
A. Ga te = 1 .Ii 11 be s t'll1fed by a Reserve'U"ffi cer from 2300 to 070e hours.
B. Sub =1 will be staffed by a Reserve Officer or re~ular officer at
all time on a 24-hour basis. The Reserve Coordinator will staff it
on swi ng shift.
C. Other areas as needed.
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V. BOOKING/PRISONER TRANSPORT:
A. The arresting officer or a Reserve Officer assigned specifically to
prisoner transport will be responsible for prisoner transportation,
using a marked police unit assigned to the Orange Show.
B. Any transportation of prisoners by police personnel not assigned to
the Orange Show will be approved by the Station Commander.
C. Relief for regular and reserve officers who encounter extended delays
at County Hospital for pre-booking jail checks will be approved by
the Station Commander.
D. All applications for booking and juvenile applications for petition
will be completed by the arresting officer prior to the prisoner de-
parting the Orange Show grounds.
E. Police personnel, not working the Orange Show, who are assigned to trans-
port pri soners wi 11 enter the Orange Show off of "E" Street and proceed
to Sub #1 for transport.
VI. PARKING:
A. All emergency vehicles will be parked in the parking spaces provided
north of Sub Station #1.
B. Private vehicles for regular officers will remain at the Police Depart-
ment and transportation back and forth will be provided by marked police
vehicles assigned to the Orange Show.
C. Parking for private vehicles for Reserve Officers will be provided for
and accessible via gate #1 by showing proper identification.
VII. BREAKS AND RELIEF:
A. All officers taking their breaks at Sub #1 will do so in the space pro-
vided for at Sub #1 or Reserve Motor Home located adjacent to Sub #1.
B. Relief of fixed post personnel or sub radio P.A./Reserve will be per-
formed as needed by on duty Reserves or the Supervisor.
VIII. NECESSARY EQUIPMENT:
A. The following equipment will be needed:
1. Three marked police units
2. Sufficient H.T,'s and chargers
3. A base radio console with Channel 2 and Valley Net frequencies
4. Sufficient seating for personnel and prisoners at Sub =1
5. Prisoner hobbles
6 . Bu 11 horn
7. Necessary report forms
8. Extra flashlight batteries
9. T\'IO City centrex telephone instruments and tl'O extension phone
numbers (384-5707 and 384-571Z).
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B.
Corrnunications '"i 90rO',;de and inst'1M1' the case racio con501;o and
will move and install the H.T. chargers.
C. The City Operator will coordinate the installation of the City centrex
telephone instruments and the telephone lines from General Telephone.
All telephone equipment will be returned to the City Ooerator at the
conclusion of the event.
IX. VICE/NARCOTICS ENFORCEMENT:
A. All Vice/Narcotic enforcement, other than routine arrests, will be con-
ducted by the Vice/Narcotic Detail 1n either an on-call caDacity or as-
signed by their supervisors.
B. All Vice/Narcotic officers will be required to report to the Orange Show
Commander or supervisor upon their arrival and departure from the Orange
Show grounds.
C. Additionally, they wi1l be required to maintain radio contact with
the Sub #1 station via the Valley Net frequency.
D. A vice pre-inspection will be at the discretion of the Vice Commander
with prior notification to the Orange Show Commander.
X. SP EC I AL ENFORCEf1ENT:
A. The National Orange Show will post in the area of ticket booths/entry
gates signs indicating Orange Show rules and prohibiting gang attire
and weapons. Orange Show personnel will be trained in identifying gang
attire and will enforce these'ru1es at the entry gate with the assis-
tance of Inland City Security.
B. Police personnel will enforce all laws and make arrests when approp-
riate on the Orange Show grounds.
C. The gate #1 guard (2300-0700) will limit access to pre-clearance via
Orange Show Administration.
XI. ASSIGNr~ErHS & RECORD KEEPING:
A. A log of all Sub #1 radio traffic will be keot by the Sub #1 radio
operator at Sub #1.
B. Rosters of each shift will be kept on a clip board at Sub #1 as a
record of who actually worked each shift. Shift supervisors shall main-
tain and update them.
C. A spiral notebook for the Lieutenant and sucervisors will be maintained
at Sub #1 for informational transfer shift to shift.
D. The Reserve Coordinator will set up and maintain a ~eserve sign in
book for all Reserves who worked. The Coorainator or her designee
shall be responsible for its accuracy. The book shall be maintained
at Sub #1.
XII. COSTS (SEE ATTACHED APcE~OIX~S B & C)
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N(:)ONAL ORANGE SHOe.;
DAILY SCHEDULE
DATE:
DAY:
COMMANDER: LT. R. Curtis
SHIFT *1 (0700 - 1500 hrs)
RESERVE OFFICERS:
1.
2.
3.
4.
SUPERVISOR: SGT.
5.
6.
7.
SHIFT *2 (1500 - 2300 hrs)
SUPERVISOR: SGT.
SQUAD 112
OFF.
OFF.
SQUAD 11
SOD LOR: CPL.
OFF I CERS: 1-
2.
3.
4.
5.
RESERVE OFFICERS:
1.
2.
3.
SUBSTATIONS: *1 RES. COORD.
11.
12.
13.
14.
IS.
. 6.
7.
8.
9.
10.
4.
5.
SHIFT 113 (2300 - 0700 hrs)
SUPERVISOR: REG. OFF. P-l
RESERVE OFFICERS:
1.
2.
3.
4.
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RoSE~VE OFFICER COSTS
The National Orange Show will provide 525,000 to pay for Reserve Officers
to work the event.
Shift #l/Day Shift
7 Days with
4 Days with
2 Officers x 8 hours: 112 hours
7 Of~icers x 8 hours : 224 hours
Total Dayshift : 336 hours
Shift "2/Swino Shift
5 Days with 11 Officers x 3 hours: 440 hours
6 Days with 15 Officers x 8 hours: 720 hours
Total Swing Shift :1160 hours
Shift #3/Graveyard Shift
1 Day with 2 Officers x 8 hours:
11 Days with 4 Officers x 8 hours
Total Graveyard Shift
16 hours
: 352 hours
: 368 hours
* Only scheduled hours will be paid duty.
will be paid for Reserve Officers.
** $25,000 divided by 1,364 total hours equals a projected hourly rate of
S13.41 (Before deductions).
No unscheduled work or overtime
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REGULAR PERSON~E~ COST
Shift =1/0ay Shift
Day Shift
6 Days
5 Days
Supervisor (Sergeant)
x 8 hours straight ti~e x $22,34 hour =
x 8 hours overtime x $33.51 per hour
Tota 1 Oayshi ft
Shift =2/Swing Shift
Swing Shift Supervisor (Sergeant)
11 Days x 8 hours overtime x $33.51 Der hour
Swing Shift Corporal
11 Days x 8 hours overtime x $28.79 per hour
Swing Shift Officers (7)
7 x 11 Days x 8 hrs overtime x $25.32 hour
Swing Shift Reserve Coordinator (PA)
7 Days x 8 hours straight time x $11.48 hour
4 Days x 8 hours overtime x $17.21 per hour
Total Swingshift
$1,072.3;:
= 1,340.40
$2,412.72
= $2,948.88
= 2,533.52
= 15,597.12
= 642.88
= 550.72
$22,273.12
Shift #3/Graveyard Shift
Graveyard Supervisor (Police Officer)
12 Days x 8 hours overtime x $25.32 per hour = $2,430.72
Total Orange Show Cost
Total Overtime Cost (214)
Overtime Available for Orange Show
$25,401.36
$26,138.00
$27,116.56
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San Bernardino
IItOLfCI DI,a"TMINT
DONALD J BURNETT
CHIEF OF POLICE
April 13, 1989
Pat Morgan
National Orange Show
689 South "E" Street
San Bernardino, CA 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, 1989 and April 30, 1939.
The National Orange Show agrees to pay Reserve Officers $25,008.30 minus
Social Security charges of $1,667.22 and State Compensation charges of
$1,141.08. The net amount of $22,200 will be due on completion of the event.
The San Bernardino Police Department Reserve Officer Unit agrees to provide
approximately 1,864 hours of police coverage as detailed on the National
Orange Show Operations Plan. The actual number of hours worked may vary due
to unforseen events.
Police Assistant Diana Richter will keep track of the names of Reserve Officprs
and the total hours worked. On completion of the event she will supply your
Payroll Oeoartment with a complete list for individual payroll checks to be
genera ted.
Our signatures below will serve as an approval by each organization of this
agreement.
~/C77;:; &~
Robt!!rt \'1. Curti s
Lieutenant/Area "CD
J(
1If/ J/t(~/'r?:~
Pa t ~\or~an "
National Oran~e Show
Sincere ly,
peST OFFICE" 8). ISS9 SAN BERNAROI"'O
CALIFORNIA 9:,aC 1559 ,,4/S.,.sOt1
EXHIBIT "A-2"
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