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CITY OF SAN BERNARDINv
_ R~~UEST FOR COUNCil ACTION
Date:
August 8, 1990
Subject: Resolution of the City Authorizinc
the Execution of an Agreement Between Saic
City and Stache Entertainment, Inc. Concel
ing the Providing of Law Enforcement and
Traffic Control at 1-215 Freeway Off-Ramp
at Palm Avenue During Main Event Festival
Rock Concert Dur~ng Labor Day Weekend l~~l
(Sept. 1, 2 and 3)
From:
James F. Penman
Dept:
CITY ATTORNEY
Synopsis of Previous Council action:
Recommended motion:
Adopt Resolution
Signature
Penman
Contact person:
John N. Martin, Sr. Asst. City Atto~~~Xe:
384-5055
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
Aaenda Item No.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND STACHE
ENTERTAINMENT, INC. CONCERNING THE PROVIDING OF LAW ENFORCEMENT
AND TRAFFIC CONTROL AT THE MAIN EVENT ROCK CONCERT HELD AT GLEN
HELEN REGIONAL PARK ON SEPTEMBER 1, 2 AND 3, 1990.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
That the City of San Bernardino execute an
agreement between said City and Stache Entertainment, Inc.,
concerning the providing of law enforcement and traffic control
at 1-215 Freeway Off-Ramp at Palm Avenue for the Main Event Rock
Concert.
SECTION 2.
That said agreement, a copy of which is
attached hereto marked Exhibit "A" and referred to and made a
part hereof as fully as though set forth at length herein, is
hereby approved.
SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
SECTION 4. That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute said agreement on
behalf of said City.
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, held on the
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND STACHE
ENTERTAINMENT, INC. CONCERNING THE PROVIDING OF LAW ENFORCEMENT
AND TRAFFIC CONTROL AT THE MAIN EVENT ROCK CONCERT HELD AT GLEN
HELEN REGIONAL PARK ON SEPTEMBER 1, 2 AND 3, 1990.
day of
, 1990, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1990.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
B#~ f p~
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AGREEMENT
This Agreement made and entered into this ____ day of
August, 1990, by and between STACHE ENTERTAINMENT, INC.,
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hereinafter called "STACHE" and the CITY OF SAN BERNARDINO, a
Municipal Corporation of the State of California, hereinafter
6 called "CITY".
7 WITNESSETH
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WHEREAS, STACHE will present the Main Event Festival, a
Music Concert for three days from September 1, 1990 through
10 September 3, 1990; and
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WHEREAS, STACHE desires that CITY provide law enforcement
12 and traffic control at the 1-215 Freeway Off-Ramp at Palm Avenue
13 for said Music Concert, and
14 WHEREAS, CITY is willing to provide said law enforcement
15 traffic control,
16 NOW, THEREFORE, the parties hereto agree as follows:
17
1.
The Chief of Police of CITY shall have the sole and
18 exclusive responsibility of enforcing San Bernardino City
19 ordinances, and the applicable State and Federal laws and
20 regulations at the 1-215 Freeway Off-Ramp at Palm Avenue for the
21 entire duration of the Main Event Festival from September 1, 1990
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to and including September 3, 1990.
The Chief of Police shall
23 furnish and provide such number of duly authorized and qualified
24 police officers and reserves dressed in distinctive uniform, as
25 shall be reasonably necessary for law enforcement purposes to
26 maintain law and order and prevent breaches of the peace, as
27 described in the Cost Estimate attached hereto, and incorporated
28 herein by reference marked APPENDIX A.
JNM:ms/Stache.agm
August 8, 1990
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2.
The Chief of Police shall furnish and provide such
vehicles and equipment as shall be reasonably necessary for law
enforcement purposes to maintain law and order and prevent
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breaches of the peace as described in the cost estimate attached
hereto and incorporated herein by reference marked APPENDIX A.
The actual amount of vehicles and equipment may vary due to
unforseen events.
3.
The Chief of Police agrees to furnish approximately
440 hours of San Bernardino Police Officer coverage as detailed
on the cost estimate attached hereto marked APPENDIX A.
The
actual number of hours worked may vary due to unforseen events.
4.
The San Bernardino Police Department Reserve Officer
Unit agrees to provide approximately 120 hours of reserve police
coverage as detailed on the Cost Estimate attached hereto marked
APPENDIX A.
The actual number of hours worked may vary due to
16 unforeseen events.
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5.
STACHE agrees to pay individual Reserve Officers
18 directly in the total amount of not less than $1,440.00 as
19 detailed on the Cost Estimate attached hereto and incorporated
20
herein by reference marked APPENDIX A.
Method of payments to
21 Reserve Officers shall be in the same manner as described in
22 Paragraph 8 of this agreement.
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6.
There shall be no divided responsibility for San
24 Bernardino Police Department law enforcement and all matters of
25 law enforcement shall be under the exclusive and unified control
26 of the Chief of Police during the periods of time herein provided
27 for, and all San Bernardino Police Department law enforcement
28 personnel shall be deemed to be under the Chief of Police's
JNM:ms/Stache.agm
August 8, 1990
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direct supervision and control and shall not be deemed to be
employees of, or under the direction or control of STACHE.
7.
STACHE, before commencing said Main Event, shall
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furnish and file with CITY a letter of credit, in a form
satisfactory to the CITY, in the sum of Twenty-two Thousand,
Eight Hundred and nO/lOO Dollars ($22,800.00) (150% of contract
price) conditioned upon the faithful performance of this contract
and upon the payment of all labor, vehicles and equipment
furnished in connection with this contract.
8. CITY will provide to STACHE an itemized account of all
actual expenses incurred by CITY on or before September 21,
1990, and STACHE agrees to pay CITY the amount of all actual
expenses, (including, but not limited to, all items listed on
APPENDIX A, attached hereto) incurred by CITY on or before
15 October 1, 1990.
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9.
STACHE shall take out and maintain during the life of
17 this Agreement such public liability and property damage
18 insurance naming CITY as co-insured, as shall insure CITY, its
19 elective and appointive boards, commissions, officers, agents and
20 employees from claims for damages for personal injury, including
21 death, as well as from claims for property damage which may arise
22 from STACHE or its agents', concessionaires' or lessees'
23 operations hereunder, whether such operations be by STACHE, its
24 agents, concessionaires or lessees or by anyone directly or
25 indirectly employed by STACHE, its agents, concessionaires,
26 lessees or attendees, and the amounts of such insurance shall be
27 for public liability and property damage insurance in .an amount
28 not less than $1,000,000 combined single limit.
JNM:ms/Stache.agm
August 9, 1990
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10.
STACHE undertakes and agrees to defend, indemnify and
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hold harmless the CITY and its officers, agents and employees
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from and against all suits and causes of action, claims, cost of
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litigation, damage or liability of any nature whatsoever, for
death or injury to any person, including the employees and agents
of STACHE and its concessionaires and lessees, or damage or
7 destruction to any property of either party hereto or third
8 persons in any manner arising by reason of or incident to the
9 performance of this Agreement.
10 IN WITNESS WHEREOF, the parties hereto have executed this
11 Agreement on the date first written herein.
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Attest:
CITY OF SAN BERNARDINO
By:
City Clerk
By
W.R. Holcomb, Mayor
STACHE ENTERTAINMENT, INC.
By:
Approved as to Form and
Legal Content:
JAMES F. PENMAN
City Attorney
By~1
()
p~
JNM:ms/Stache.agm
August 9, 1990
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A....DIX A
THE M..I. EVIXT FESTIVAL
Septe.bar 1 - 3. 1990
COST ESTIMATE
Thi. co.t e.ti.ata i. to coyer the coat of peraonnel and aquip-
aent necea.ary to conduct traffic control at Pala and Kendal
Ayenue for the "Main Eyent F..tiyal" achedul.d in Sept.aber. Th.
eatiaate ia ba.ed on two 10 hr. .hifta oyer a three day period of
ti.e.
Per.onnel pay ia ba.ed on "E" atep at tiae and one half. No
benefit. or certificate pay wa. figured in. Motor pay wa. fac-
tored in for the aotor officer.. Police Re.erye per.onnel will
be .cheduled on an 8 hr. per .hift baaia at a .12.00 per hr.
rate.
geiB6!lQ!~ ~iB~Q!!i~
1. One police aergeant per day on the firat .hift:
10 hra. x .36.04 per hr. x 3 day. . .1.081.40
2. One police corporal per day on the .econd ahift:
10 hr.. x .30.69 per hr. x 3 day. .. 921.00
3. Eight aotor officera per day. 4 per ahift:
10 hr.. x 8 officer. x .28.87 hr. x 3 day. · .6,929.00
4. Four police officer. per day, 2 per .hift:
10 hra. x 4 officera x .28.44 hr. x 3 day. . .3,412.00
~. Fiye police re.erye. per day on rotating 8 hr ahift.;
8 hr.. x ~ officer. x .12.00 per hr. x 3 day. . .1,440.00
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Tot.l Salary. .13.783.00
612IllIWR&TJ:QU
1. One aargeant x 12 hr.. x 24.02 per hr.
2. One corporal x 8 hr.. x 20.46 per hr.
Tot.l Ad.in. ..
. .
288.00
. .
164.00
4~2.00
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APPENDIX A
y!!!g~!~ !~B ~E~!~~~~!l
1. Two pol1c. un1~.= fu.l and aa1n~.nanc. co.~.:
-~ 3 daya x .28 per ail. x 30 ail.. daily . .
~o.oo
2. N1n. ao~orcycla.= fu.l and aa1n~ananc. co.~.:
3 daya x .2~ p.r ail. x 30 aU.. daily . . 203.00
3. Flar..: 30 ain. x .~~, 1~ ain. x .37 c.n~.
..~iaa~. 20 hr.. dail y x 6 loca~ion.
on. flare p.r loca~ion: . . 396.00
4. Mobil. Coaaand Po.~:
3 day. x 100.00 p.r day . . 300.00
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To~al &:q\l1pa.n~ . . 949.00
liUDs& I2t.Al ~E ~usmD.l... as&UIl.u. iuia...
: !1.5.18".~
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