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HomeMy WebLinkAbout1981-250 I RESOLUTION NO. P/-~() RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO AMEND THE SECURITY GUARD AGREEMENT TO MAKE REFERENCE TO CURRENT SAN BERNARDINO MUNICIPAL CODE SECTIONS. 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 said City a Fifth Amendment to Agreement with the Redevelopment Agency of the City of San Bernardino to amend the Security Guard Agreement to make reference to current San Bernardino Municipal Code sections, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ,~,4~) of \ ~ ""-. , / meeting thereof, held on the L:rA day , 1981, by the following vote, to wit: NAYS: Council Members 4lf~~ ~ff?;L'A41J ' ~~ cdhA({ ~,,~U:) Jo&, ) , k~lLdW ~ AYES: ABSENT: ~~..n~a~/ j City Clerk Tf€\~oregOing resolution of \r./ . 1981. Approved as to form: ~r~~~ City A torney is hereby approved /9'ft day May ernardino - ~ 1 -FIFTH AMENDMENT TO AGREEMENT 2 (Security Guard Program) 3 THIS FIFTH AMENDMENT TO AGREEMENT is entered into between the 4 CITY OF SAN BERNARDINO, a municipal corporation, referred to as 5 "City", and the REDEVELOPMENT AGENCY OF THE CITY OF SAN 6 BERNARDINO, a local public agency, referred to as "Agency". 7 City and Agency agree as follows: 8 1. Recitals. 9 (a) City and Agency entered into an agreement on May 22, 10 1979, a First Amendment to Agreement on October 16, 1979, a Second 11 Amendment to Agreement on April 28, 1980, a Third Amendment to 12 Agreement on June 17, 1980, and a Fourth Amendment to Agreement on 13 November 19, 1980, collectively referred to as "the agreement", 14 relating to a Security Guard Program in the public mall areas in 15 the Central City Mall. 16 (b) City and Agency now desire to amend the agreement to 17 provide for the arrest and issuance of notices to appear for 18 violations of the San Bernardino Municipal Code sections instead 19 of ordinance sections. 20 2. Paragraph 3 of the agreement is amended to read: 21 "personnel. Agency shall employ a security coordinator 22 to be in responsible charge of the day-to-day operations of the 23 program and may employ an assistant security coordinator to 24 provide supervision and continuity of direction at such times as 25 the security coordinator is not present. The security coordinator 26 and assistant security coordinator shall meet the minimum 27 qualifications required of other security guard personnel and 28 shall be working supervisors. The hours of employment of said ------.-- I .-- - 1 coordinator and assistant coordinator shall be considered as being i I 2 .included in the schedule marked Exhibit "I". 3 All security guard personnel employed by the Agency shall be 4 off-duty or retired police officers or reserve officers who are 5 recommended by their supervisors. Security personnel shall have 6 training and knowledge in law enforcement and shall be qualified 7 pursuant to Penal Code Section 832 (Training Course in Laws of 8 Arrest and Carrying and Use of Firearms). Security personnel are 9 authorized to arrest and to issue notices to appear pursuant to 10 the provisions of San Bernardino Municipal Code Section 5.40.090, 11 section 836.5 and Chapter 5 C of Part 2, Title 3 (Sections 853.6, 12 et seq.) of the Penal Code of the State of California for 13 violations of San Bernardino Municipal Code Chapter 5.40, Chapter 14 9.48, Chapter 12.44, and Section 9.12.030 relating to the Central 15 City Mall and public areas in, adjacent to, or immediately 16 surrounding said Mall. 17 Security guard personnel shall be of trim and neat appearance 18 and shall wear a standard uniform and badge approved by Agency. 19 Said personnel shall carry a side arm at all times while on duty 20 and shall qualify to use said side arm pursuant to and in 21 accordance with the regUlations of their respective pOlice 22 departments and the time requirements thereof, or every ninety 23 days, whichever period is the more frequent." 24 / / / / / / / / / / 25 26 27 28 -2- I' , '. 3. Other Provisions. All other terms, conditions and 1 covenants of the agreement, as amended, shall remain the same and 2 3 be in full for~'land effect. DATED: ~) /'( Nfl ATTEST: 4 5 6 7 I~~~M-- ,City Clerk 8 9 10 11 12 13 14 Approved as to form: ~~~ City At orney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B REDEVELOPMENT AGENCY OF SAN BERNARDINO Title -3-