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, ClrV OF SAN BERNARDJ.'lIO - REQU~ST FOR COUNCIL Ar"'ION
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From: JAMES F. PENMAN
Subject: Agreement between City and NOS
to continue allowing S.B.P.D.
to conduct motorcycle training
Dept: City Attorney
Date:
November 10, 1987
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Synopsis of Previous Council action:
On October 19, 1987 the Mayor and Common Council adopted
Resolution No. 87-378 authorizing the execution
of an agreement with the National Orange Show to use
their grounds for Police Department training activities.
Recommended motion: 1. That the Mayor and Council reconsider their action of
October 19, 1987 adopting Resolution 87-378.
2. Move that further reading ,)f the Resolution be waived and that
said Resolution be adopted.
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Signature
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Contsct penon:
James F. Penman
Phone: 5355
Supporting data stlachad:
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourcs: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
"-0212
Agenda Item No.
S-'I
CICt OF SAN BERNARDClo - REQU(.JT FOR COUNCIL AUON
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STAFF REPORT
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 hold harmless and indemnify the National Orange Show.
The proposed Agreement is for five (5) years, subject to
fifteen-day (15) termination by the National Orange Show.
The previous Agreement approved by the Mayor and Council on
October 19, 1987 by Resolution 87-378 was objected to by the
National Orange Show. The Agreement offered for your consid-
eration today is approved by National Orange Show Counsel and
the City Attorney's Office.
This item is on the Supplemental Agenda because NOS did not
approve the changed Agreement until the regular deadline had
passed and S.B.P.D. has officers waiting to be trained. Further
delay will impact placing new officer in field and will thereby
negatively impact traffic enforcement.
11/10/87
75-0264
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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 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
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agreement with the National Orange Show to use their grounds to
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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.
13 SECTION 2. Resolution No. 87-378 is hereby repealed.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of
16 san Bernardino at a
meeting thereof,
17 held on the
day of
, 1987, by
18 the following vote, to wit:
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AYES:
Council Members
21 NAYS:
22 ABSENT:
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City Clerk
11/10/87
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9'i ty Attorney
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RESOLUTION RE: USE OF THE NATIONAL ORANE SHOW
GRC\L\NDS FOR POLICE DEPT. TRAINING
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The foregoing resolution is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
Approved as to form and legal content:
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11/10/87
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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 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
motorcycle training courses on NOS property for officers of SBPD,
City hereby covenants 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 or any other use
of NOS property by City, its agents, officers or
assigns;
b. To indemnify NOS with respect to all costs and
expenses suffered by 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
or any other use of NOS property by City
personnel, its agents or assigns; such costs shall
include any damages to NOS premises;
c. To compensate NOS for less or damage to property,
resulting from SBPD's motorcycle course or other
use of NOS property by City, its agents or
assigns; and,
d. To provide advance notification to NOS when their
facilities are to be used, indicating the
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department
involved,
persons
number
of
participating, type of vehicles and specific areas
on the NOS premises in which the training will be
conducted.
The purposes of this request is to
make certain that training activities will not be
in conflict with any other activities occurring on
the NOS showgrounds.
Such advance reservations
should be made with the NOS Sales Office.
SBPO or the employers of SBPO trainees will provide the
vehicle used in SBPO's motorcycle training course or any other
vehicle required for safety of the premises and safety of the
training procedure.
SBPO will normally conduct its training for one day per
month and for a two (2) week period every six (6) months;
however, SBPO may conduct its training on NOS with the prior
written approval of NOS or its authorized agent.
City covenants and promises to inspect the training area on
NOS prior to conducting each training session.
NOS may terminate this Agreement without any liabilities, at
any time by giving SBPO fifteen (15) days written notice of
termination.
This Agreement shall terw~nate automatically five
(5) years after the date of its execution; NOS may cancel
training for any conflicting event upon five (5) day notice.
City agrees that it is presently u~insured and that it will
provide standard hold harmless agreement language approved by
City Council in lieu of the normal certificate naming NOS as
additional insured. All training will occur on what is referred
to as the West Arrowhead parking lot.
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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,
addressed as follows:
ASSOCIATION
CITY
Joseph Brosmer, General Manager
National Orange Show
689 South "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
WITH COpy TO:
Wilfrid C. Lemann
Fullerton & Lemann
472 North Arrowhead Avenue
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 their
names the day and year first herein written above.
CITY OF SAN BERNARDINO
By
MAYOH
ATTEST:
CITY CLERK
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NATIONAL ORANGE SHOW
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Approved as to form
and legal content:
AGREED TO:
SAN BERNARDINO POLICE DEPARTMENT
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: OTY ATTORNEY
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Ti tle
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