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RESOLUTION NO. /:2 Y.o/
2 RESOLUTION OF THE CITY OF SAN BERNABDINO AUTHORIZING THE
EXECUTION. OF A SECOND AMENDMENT TO AGREEMENT WITH THE REDEVELOP-
3 MENT AGENCY OF THE CITY OF SAN BERNARDINO RELATING TO THE MALL
SECURITY PROGRAM AND ELIMINATING INSURANCE COVERAGE THEREFOR.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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authorized and directed to execute on behalf of said City a
Second Amendment to Agreement with the Redevelopment Agency of
the City of San Bernardino relating to the Mall Security program,
a copy of which is attached hereto, marked Exhibit nAn and
incorporated 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
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adopted by the Mayor and Common COuncil of the City of San
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Bernardino at ~/f11/J//h~.P.-/) ~~. meeting thereof, held
on the /1-::3'11 day ot' 1//),4!-- , 1977, by the following
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vote, to wit:
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AYES:
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NAYS:
ABSENT: ,;1/;1-71 ./ ./
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is hereby app this ,2.s:.YA day
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The foregoing resolution
1077 ' 1977.
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SECOND AMENDMENT TO AGREEMENT
(mall security program)
THIS SECOND AMENDMENT TO AGREEMENT is made and entered
into at San Bernardino, California, this ttl day of ~,
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1977, by and between the CITY OF SAN BERNARDINO, a mun~cipal
corporation, hereinafter referred to as "City", and the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a local public
agency, hereinafter referred to as "Agency..
! I T N E ~ S E :!: !!.:
WHEREAS, City and Agency entered into an agreement on
October 28, 1974 relating to a security program for the Central
City Mall, and
WHEREAS, the parties hereto amended said agreement by
first amendment to agreement dated December 30, 1976, and
WHEREAS, City and Agency now desire to further amend said
agreement to provide for changes with respect to the assumption
of liability for the conduct of the security officers by Agency
and to provide for areas of activities by said security officers
to be limited to the public areas of the Central City Mall and
parking facilities,
NOW, THEREFORE, it is mutually agreed between the parties
hereto as follows:
1. Paragraph 8 of that agreement between the parties
hereto dated october 28, 1974 is hereby amended to read as follows
"8. Term. This agreement shall be effective as of
September 13, 1974 and shall continue for a period of five (5)
years until September 12, 1979. On September 1, 1975 and each
September 1st thereafter for the term hereof, the payments made
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City to Agency pursuant to Paragraph 7 hereof shall be adjusted!
increase or decrease by a percentage determined by the
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percentage by which general city employees' compensation is
I adjusted by City; provided, however, that the scope of work
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il assumed by Agency pursuant to Paragraph 2 hereof shall remain
II constant. Provided, further, that in the event the first day of
'I September shall fall on a weekend or hOliday, the next succeeding
I regular business day shall be the date for the review required
I hereunder.
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[i Either party to this agreement may terminate this agreement
Ii by giving sixty (60) days advance written notice of said
II termination, and thereafter this agreement shall terminate."
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I hereto dated October 28, 1974 is hereby amended to read as follows
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2.
Paragraph 9 of that agreement between the parties
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"9.
Hold-Harmless Clause.
City hereby agrees to, and
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, shall, hold Agency, its agents and employees harmless from any
liability for damage or claims for damage for personal injury
including death, as well as for claims for property damage which
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may arise from Agency's operations using the security guards under
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26 agreement. Included in the phrase 'liability for damage or
27 claims for damage for personal injury, including death, as well as
28 Iclaims for property damage as set forth hereinabove' shall be any
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and all claims for false arrest or for false imprisonment by any
of the security guards employed by Agency with funds provided
pursuant to this agreement.
Agency hereby agrees to, and shall, hold City, its elective
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and appointive boards, commissions, officers, agents and employees
harmless from any liability for damage or claims for damage for
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personal injury, including death, as well as from claims for
property damage which may arise from Agency's negligence, other
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than that through the security guards and the use thereof, under
this agreement, whether such negligence be by Agency or by anyone
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or more persons directly or indirectly employed by, or acting as
12 agent for Agency, but not including the security guards. Agency
13 agrees to, and shall, defend City and its elective and appointive
14 boards, commissions, officers, agents and employees from any suits
15 or actions at law or in equity for damages caused or alleged to
16 have been caused, by reason of Agency's said negligence."
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3. Paragraph 10 of that agreement between the parties
18 hereto dated October 28, 1974 is hereby amended to read as follows
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"10. Areas of Activity - Security Guards. Agency shall
20 promulgate and enforce rules and regulations for the activities
21 of all security guard personnel wherein and whereby the activities
22 of said security guards are confined and limited to the public
23 areas of the Central City Mall, 3-level parking structure and
24 parking lots. Said rules and regulations shall be sUbmitted to
25 City and shall provide that the security guards shall perform
26 their functions only in the public areas as described aforesaid."
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IN WITNESS WHEREOF, the parties hereto have executed this
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Second Amendment to Agreement on the date first hereinabove
written.
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CITY OF SAN BEllNARDINO
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ATTEST:
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THE CITY OF
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~o eO .. to fO~B-
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C ty om y
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Co
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