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HomeMy WebLinkAboutS04-City Administrator CITY OF SAN BERh_ .RDIN REQUEST ~ jR COUNCIL ACTION Date: February 9, 1990 S b' t' RESOLUTION OF THE CITY AUTHORIZING u Jec '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 THE NATIONAL ORANGE SHOW DURING THE 1990 EXPOSITION. From: JAMES E. ROBBINS Deputy City Administrator Dept: City Administrator Synopsis of Previous Council action: April 24, 1989 - Resolution 89-117 adopted an agreement between the City and the National Orange Show Recommended motion: Adopt Resolution. Contact person: James E. Robbins Phone: 5122 Supporting data attached: Yes Ward: n/a FUNDING REQUIREMENTS: Amount: Source: (Acct, No,) (Acct, DescriPtion) Finance: Council Notes: Agenda Item No, 5-1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Last year the City and National Orange Show entered into an agreement for the payment of city Police Reserve Officers who worked during the Show. Informally, an additional $14,000 was paid to offset regular officers' overtime which was a result of the Show. This year Assistant Chief Harp and I met with Esther Armstrong and Pat Morgan to discuss the attached Agreement. As a result of those discussions, item three was changed to say "upon request" rather than "shall". The problem is that the workers change from day-to-day, so any list provided will be outdated the next day. Orange Show has been very cooperative and do provide such lists in a timely manner. The second change is item six which sets out the payment for regular overtime as a result of the Show. The amount is up $4,000 from last year and represents 50% of projected overtime associated with the Show. These changes are significant and represent a new good faith effort on the part of the staff and Board of Directors of the Show. We are going to continue to meet to develop a continuing agreement regarding reserves and regular overtime payments. Additionally, we will be reviewing the mutual benefit services each provides the other. It is recommended that you adopt the resolution authorizing entering into agreement. FILED: ORANGE. STAFF 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXE~ION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL 3 ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE 4 SHOW DURING THE 1990 EXPOSITION. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 The Mayor of the City of San Bernardino is SECTION 1. 8 hereby authorized and directed to execute, on behalf of the 10 security services at the National Orange Show during its 1990 9 City, an agreement for the provision of law enforcement and 11 exposition, which agreement is attached hereto as Exhibit "A", 12 and is incorporated herein be reference as though fully set forth 13 at length. 14 SECTION 2. The authorization to execute the above- 15 referenced agreement is rescinded if the parties to the l6 agreement f ai 1 to execute it wi thin sixty (60) days of the 17 passage of this resolution. l8 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a day of / / / / / / / / / / / / / / / / / / 23 24 25 26 27 28 1 10 11 12 13 14 15 16 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE NATIONAL 2 ORANGE SHOW, A NON-PROFIT ORGANIZATION CONCERNING THE PROVIDING OF LAW ENFORCEMENT AND SECURITY SERVICES AT THE NATIONAL ORANGE 3 SHOW DURING THE 1990 EXPOSITION. 4 Council Members: AYES NAYS ABSTAIN 5 ESTRADA 6 REILLY 7 FLORES 8 MAUDSLEY 9 MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this day of , 1990. l7 l8 w. R. HOLCOMB, Mayor City of San Bernardino 19 Approved as to 20 form and legal content: 21 JAMES F. PENMAN, City Attorney 22 BY~ (1 +.r'c-[;~.... 23 24 25 26 27 28 JFW:br[Orangesh.res] February 23, 1990 2 I, I' II I 1 I I 2 II 3 II I: 4 I, I' ,I 5 I 6 I 7 8 9 10 11 12 13 14 15 16 17 ' 18 19 20 21 22 23 24 25 26 27 II 28 I A G R E E MEN T This AGREEMENT made and entered into this day of 1990, by and between the NATIONAL ORANGE SHOW, a non- profit organization, hereinafter called "Orange Show", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter called "City". WIT N E SSE T H WHEREAS, Orange Show will present a citrus Fruit Fair and Exposition for eleven days, from April 19, 1990 through April 29, 1990; and WHEREAS, Orange Show desires that City provide law en- forcement and security for said Fair and Exposition; 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 ordi- nances, applicable State and Federal laws and regulations, and all law enforcement related rules and regulations of the Orange Show, on the grounds of the National Orange Show for the entire duration of the 1990 annual Exposition from April 19, 1990 to and including April 29, 1990. The Chief of police shall furnish and provide such number of duly authorized and qualified police officers and reserves dressed in distinctive uniform undercover officers, as shall be reasonably and necessary for law enforcement purposes to maintain law and order and prevent breaches of the peace. 03/29/90 -1- 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 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 at- tire, 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 provide the Chief of Police of city upon request a roster of their temporary migrant workers and employees performing services at the National Orange Show during the 1990 annual Exposition. 4. City agrees that the San Bernardino Police Department Reserve Officer unit shall provide approximately 1,711 hours of reserve police coverage. 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 $26,250.00, as de- tailed on the letter of understanding attached hereto and incor- porated herein by reference marked Exhibit "A-I." 6. Orange Show agrees to pay $18,000 in 1990, to city to offset overtime costs of regular officers assigned to the Orange Show to maintain law and order and prevent breaches of the peace. 7. There shall be no divided responsibility for law en- forcement and all matters of law enforcement shall be under the /1111 ///// /1111 03/29/90 -2- 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 exclusive and unified control of the Chief of Police during the periods of time herein provided for, and all law enforcement personnel shall be deemed to be under the Chief of Police's di- rect supervision and control and shall not be deemed to be em- ployees of or under the direction or control of the National Orange Show. 8. 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 Orange Show, its agents concessionaires or lessees or by anyone directly or indirectly employed by Orange Show, its agents, concessionaires, lessees or attendees, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $2,000,000 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence; (b) Property Damage Insurance. In an amount of not less than $2,000,000 for damage to the property of each person on account of anyone occurrence. 9. Orange Show undertakes and agrees to defend, indemnify and hold harmless the city and its officers, agents ///// 03/29/90 -3- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AGREEMENT BETWEEN SAID CITY AND THE NATIONAL ORANGE SHOW PROVIDING LAW ENFORCEME~ AND SECURITY SERVICES DUR- -G THE 1990 EXPOSITION. and employees from and against all suits and causes of action, 1 claims, cost of litigation, damage or liability of any nature 2 whatsoever, for death or injury to any person, including the 3 employees and agents of Orange Show and its concessionaires and 4 lessees, or damage or destruction to any property of either 5 party hereto or third persons in any manner arising by reason of 6 or incident to the performance of this Agreement. 7 IN WITNESS WHEREOF, the parties hereto have executed this 8 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,...f\ttorney By k..... 1 (~.k'......____ /) NATIONAL ORANGE SHOW By 23 24 25 26 27 28 03/29/90 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i I 25 I 26 , I 27 II II 28 "EXHIBIT A" A G R E E MEN T This AGREEMENT made and entered into this day of 1990, by and between the NATIONAL ORANGE SHOW, a non- profit organization, hereinafter called "Orange Show", and the CITY OF SAN BERNARDINO, a municipal corporation of the State of california, hereinafter called "City". WIT N E SSE T H WHEREAS, Orange Show will present a citrus Fruit Fair and Exposition for eleven days, from April 19, 1990 through April 29, 1990; and WHEREAS, Orange Show desires that city provide law en- forcement and security for said Fair and Exposition; 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 ordi- nances, applicable State and Federal laws and regulations, and all law enforcement related rules and regulations of the Orange Show, on the grounds of the National Orange Show for the entire duration of the 1990 annual Exposition from April 19, 1990 to and including April 29, 1990. 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 peace. 03/29/90 -1- 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 ,[ II 27 Ii ,I 28 I 2. Orange Show shall adopt and prominently post at all entranc.. its rules and regulations including, but not limited to, ~ prohibition of admission of any person wearing gang at- tire, 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 provide the Chief of Police of City upon request a roster of their temporary migrant workers and employees performing services at the National Orange Show during the 1990 annual Exposition. 4. city agrees that the San Bernardino Police Department Reserve Officer Unit shall provide approximately 1,711 hours of reserve police coverage. 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 $26,250.00, as de- tailed on the letter of understanding attached hereto and incor- porated herein by reference marked Exhibit "A-l. II 6. Orange Show agrees to pay $18,000 in 1990, to city to offset overtime costs of regular officers assigned to the Orange Show to maintain law and order and prevent breaches of the peace. 7. There shall be no divided responsibility for law en- forcement and all matters of law enforcement shall be under the II/II ///// 1/11/ 03/29/90 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 II 26 II 27 I I 28 exclusive al. . unified control of the C___ef of Police during the periods of time herein provided for, and all law enforcement personnel shall be deemed to be under the Chief of Police's di- rect .upervision and control and shall not be deemed to be em- ployee. of or under the direction or control of the National Orange Show. 8. 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 b, Orange Show, its agents concessionaires or lessees or by anyone directly or indirectly employed by Orange Show, its agents, concessionaires, lessees or attendees, and the amounts of such insurance shall be as follows: (a) Public Liability Insurance. In an amount not less than $2,000,000 for injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence; (b) property Damage Insurance. In an amount of not less than $2,000,000 for damage to the property of each person on account of anyone occurrence. 9. Orange Show undertakes and agrees to defend, indemnify and hold harmless the city and its officers, agents ///// 03/29/90 -3- ;;Gr\L",.:-lL:,i: oETWEEi'< SAID CITi "'.i'<0 iriE :-iATiuCJAL ORANGE SHOW PROVIDING LAW ENFORCEMEN~ AND SECURITY SERVICES DURJ"r; THE 1990 EXPOSITION. 1 claims, cost of litigation, damage or liability of any nature and employees from and against all sui~s and causes of action, 2 whatsoever, for death or injury to any person, including the 3 employ.e. and agents of Orange Show and its concessionaires and 4 lessees, or damage or destruction to any property of either 5 party hereto or third persons in any manner arising by reason of 6 or incident to the performance of this Agreement. 7 IN WITNESS WHEREOF, the parties hereto have executed this 8 agreement on the date first written herein. 9 10 11 12 13 14 15 16 17 18 19 20 21 i i 22 il '1 1 23 I 24 'I I, 251l 26 !I 27 !I 28 II 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 By By 03/29/90 -4- February 13, 1990 Mr. Pat Morgan National Orange Show 689 South "E" street San Bernardino, California 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, 1990 and April 29, 1990. The National Orange Show agrees to pay Reserve Officers $26,250.00, minus Social Security charges of $1,750.00 and State Compensation charges of $1,198.00. The net amount of $23,302.00 will be due on completion of the event. The San Bernardino Police Department Reserve Officer Unit agrees to provide approximately 1,711 hours of police coverage as detailed on the National Orange Show Operations Plan. The actual number of hours worked and payment may vary due to unforseen events. Police Assistant Diana Richter will keep track of the names of Reserve Officers and the total hours worked. On com- pletion of the event she will supply your Payroll Department with a complete list for individual payroll checks to be generated. "EXHIBIT A-1" February 13, 1990 Page 2 Our signatures below will serve as an approval by each organization of this agreement. Sincerely, . Pat Morgan National Orange Show lId