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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