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HomeMy WebLinkAboutS04-City Attorney , ClrV OF SAN BERNARDJ.'lIO - REQU~ST FOR COUNCIL Ar"'ION , 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 ~?' 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. '. ,tf,-. . .) /' 'l&-"l./"~ Signature . . 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 . 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 f. " '-" --- 1 2 3 4 5 6 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 7 agreement with the National Orange Show to use their grounds to 8 9 10 11 12 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: 19 20 AYES: Council Members 21 NAYS: 22 ABSENT: 23 24 25 1/ 1/ 26 / 1/ / 27 1/ 1/ 28 / / 1/ City Clerk 11/10/87 1 ,-t1..'.l'4 9. /r:"1{}'l.... 9'i ty Attorney 9 ( / '../ 10 11 12 13 c 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION RE: USE OF THE NATIONAL ORANE SHOW GRC\L\NDS FOR POLICE DEPT. TRAINING , ; 1 2 3 4 5 6 The foregoing resolution is hereby approved this day of , 1987. Mayor of the City of San Bernardino Approved as to form and legal content: 7 ^ 8 11/10/87 C 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 ........ . '-' ''''\ -..I """ ~ 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 C 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 """" '- ,*.... . 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. C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 ........ '-' '-' ,.j 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 //1 III c r" - '.,.../ , 1 NATIONAL ORANGE SHOW 2 3 By 4 5 6 Approved as to form and legal content: AGREED TO: SAN BERNARDINO POLICE DEPARTMENT .1 " 'i4/1,- 1 j;~ : OTY ATTORNEY 7 By Ti tle 10 (A14)009 11 12 13 14 10 16 17 18 19 20 21 22 23 24 25 26 27 28