HomeMy WebLinkAboutS09-City Attorney
CIO OF SAN BERNAREClO - REQUOT FOR COUNCIL A ON
From: JAMES F. PENMAN
Subject: Agreement between City and NOS
to continue allowing S.B.P.D.
to conduct motorcycle traning
Dept: City Attorney
Date: October 15, 1987
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
t1~~
S ature
Contact parson: Donald Burnett, Chief of Police
Phone: 5607
Supporting data attached:
none
Ward:
FUNDING REQUIREMENTS:
Amount:
-0-
Sourca: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
75,0t6~
Agenda Item No,
5-1
. CIl-" OF SAN BERNARDIMO - REQUE~T FOR COUNCIL AC"'~N
STAFF REPORT
The San Bernardino Police Department desires to continue using
the grounds of the National Orange Show to conduct motorcycle
training for its officers. The National Orange Show has agreed
that although such use could be without fee, the City will be
required to old harmless and indemnify the National Orange
Show. The proposed Agreement is for five (5) years, subject to
thirty-day (30) termination by the National Orange Show.
9/24/87
75-0264
_t""-'"
\....
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
,......
.....,
~~
.)
'-../
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATIONAL ORANGE SHOW TO USE
THEIR GROUNDS FOR POLICE DEPARTMENT TRAINING ACTIVITIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION l. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with the National Orange Show to use their grounds to
conduct motorcycle training for officers of the San Bernardino
Police Department 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
meeting thereof,
16 held on the
day of
, 1987, by the
17 following vote, to wit:
18
19
AYES:
Council Members
20 NAYS:
21 ABSENT:
22
23
24
25
26
27 1/ / /
City Clerk
The fore~oing resolution is hereby approved this
day
of
, 1987.
Mayor of the City of San Bernardino
28 1/ 1/
9/24/87
c
F.J:.wu~u i.lU0-I R.t.;: u~.c; ur'i.tiE ~Al." lO~'1AL ORANGE SHUw.
GROUNDS FOR POLICE DEPT. TRAINING
".~ ' .
,-,..I
J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Approved as to form and legal content:
n '1
\~t /-
" ~1
.' ,1/ t~....<"-.....
Ci:i:5J Attorney
v
9/24/87
,..-..
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
---
'-"
o
J
A G R E E MEN T
THIS AGREEMENT is made and entered into this
day of
, 1987 by and between the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter called "City"
and the NATIONAL ORANGE SHOW, hereinafter referred to as "NOS".
In exchange for NOS allowing the San Bernardino City Police
Department (hereinafter referred to as SBPD) to conduct motor-
cycle training courses on NOS property for officers of SBPD, City
hereby convenants and promises:
a. To not make a claim against nor sue the NOS
for any personal injuries or damages arising
out of SBPD's motorcycle training course;
b. To indemnify the NOS with respect to all costs
and expenses suffered by the NOS in connection
with any claim or lawsuit asserted against the
NOS arising from property damages or personal
injuries resulting from SBPD's motorcycle
training course; and,
c. To compensate NOS for loss or damage to property,
resulting from SBPD's motorcycle course.
SBPD or the employers of SBPD trainees will provide the
vehicle used in SBPD's motorcycle training course.
SBPD will normally conduct its training for one day per
month and for a two (2) week period every six (6) months; however,
SBPD may conduct its training on NOS whenever it desires unless
NOS activities require otherwise.
9/24/87
,.-
'-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
","'"
'-'
~',
....}
:J
City convenants and promises to inspect the training area
on NOS prior to conducting each training session. If City dis-
covers any unsafe condition, it will discontinue training until
NOS General Manager remedies each unsafe condition.
NOS may terminate this Agreement without any liabilities,
at any time by giving SBPD 30 days written notice of termination.
This Agreement shall terminate 5 years after the date of its ex-
ecution; however, it shall continue on a month-to-month basis for
a maximum of l20 days while a new agreement is being executed.
NOS will not charge SBPD any consideration for the use of
the area because SBPD is an instrumentality of the San Bernardino
City government.
All notices to the parties arising as a result of this
Agreement shall be in writing and delivered in person or sent by
certified mail, postage prepaid, return receipt requested, ad-
dressed as follows:
ASSOCIATION
CITY
Joseph Brosmer, General Manager
National Orange Show
689 So. "E" Street
Post Office Box 5749
San Bernardino, CA 92412
Chief of Police
San Bernardino Police
Department
466 West Fourth Street
San Bernardino, CA 92401
ENTIRE AGREEMENT: This Agreement contains the entire
Agreement of the parties with respect to the matters covered by
this Agreement, and no other Agreement statement or promise made
by any party which is not contained in this Agreement shall be
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed
/ / 1/
/1//
9/24/87
,....
'-'
c
o
1 their names the day and year first herein written above.
CITY OF SAN BERNARDINO
By
Mayor
NATIONAL ORANGE SHOW
By
Title
AGREED TO:
SAN BERNARDINO POLICE DEPARTMENT
By
Title
,,,I