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HomeMy WebLinkAbout12- Police CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From; Chief Lee Dean Subject: Agreement for Services with Glen Helen Blockbuster Pavilion Dept: Police �O MID l /J Date: 05-15-98 +uJ V Synopsis of Previous Council action: Council approved resolution 98-95 agreeing to enter into a contract for services with Blockbuster Pavilion. The City agreed to provide police personnel for traffic control during scheduled events. Recommended motion: Adopt resolution for execution of contract with Glen Helen Blockbuster Pavilion. Rescind Resolution 98-95. Signature Contact person: Corporal Lance Otey Phone: (909) 384-5785 Supporting data attached: Yes Ward: Five FUNDING REQUIREMENTS: Amount: -0- Source: (Acct. No.) N/A (Acct. Description) N/A Finance: N/A Council Notes: Agenda Item No. Z CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Agreement for Service with Glen Helen Blockbuster Pavilion. BACKGROUND: On April 20, 1998 the Common Council approved Resolution 98-95, agreeing to enter into a contract for services with Pavilion Partners to provide traffic control at Glen Helen Blockbuster Pavilion concerts. Pavilion Partners has changed their name to Glen Helen Blockbuster Pavilion or"GHBP" for short. This new agreement reflects the change in name. In addition to the name change "GHBP"has requested they be notified in writing of any changes in the agreement to include 30 day notice of cancellation, increase in wages, or additional reasonable charges. This new agreement includes the written notification language. FINANCIAL IMPACT: None RECOMMENDATION: Council adopt the Agreement for Services with Glen Helen Blockbuster Pavilion. 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN BLOCKBUSTER PAVILION. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS : 7 SECTION 1 . The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City 9 a contract with Glen Helen Blockbuster Pavilion relating to 10 traffic control services within City jurisdiction, a copy of 11 which is attached hereto marked Exhibit "A" and incorporated 12 herein by reference as fully as though set forth at length . 13 SECTION 2 . The authorization to execute the above 14 referenced agreement is rescinded if the parties to the 15 agreement fail to execute it within sixty (60) days of the 16 17 passage of this resolution. 18 19 20 21 22 23 24 25 RP:lo 05/12/98 5 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 day of 1998 , by the following vote, to wit : Council Members : AYES NAYS ABSTAIN ABSENT ESTRADA LIEN ARIAS SCHNETZ DEVLIN ANDERSON MILLER City Clerk The foregoing Resolution is hereby approved this day of 1998 . Judith Valles, Mayor City of San Bernardino Approved as to form and legal content : JAMES F. PENMAN, City Attorney By. LD:pgk (SBCUSDP.Res) -2- 1 AGREEMENT FOR SERVICES 2 (Glen Helen Blockbuster Pavilion) 3 THIS AGREEMENT, made and entered into this day of , 4 1998, by and between the City of San Bernardino, acting by and 5 through the San Bernardino Police Department, hereinafter called 6 "CITY" and Glen Helen Blockbuster Pavilion, hereinafter called 7 %%GHBP" . 8 WITNESSETH: By and in consideration of the covenants and the 9 conditions herein contained, GHBP and CITY do hereby agree as 10 follows : 11 1 . CITY agrees to provide one Police Officer and four 12 Community Service Representatives (C. S .R. ' s) * with 13 vehicles for traffic control during various events at the 14 Glen Helen Blockbuster Pavilion. Traffic control 15 services will be provided, as needed, at the following 16 locations : 17 a . I-215 Northbound off ramp at Palm 18 b. Palm and Kendall 19 c . Palm/Institution and Cajon Boulevard 20 d. Institution and Powerline Road. 21 2 . The S .B . P. D coordinator shall be Corporal Lance Otey, 22 Area Corporal for Area B, telephone number (909) 384- 23 5786 . GHBP coordinator shall be Mr . Nick Kotos, 24 telephone number ( 909) 880-6500 . 25 RP:lo 05/12/98 1 1 3 . The term of this agreement shall be 1998 2 through December 31, 1999. 3 4 . In consideration for the above services and upon receipt 4 of an itemized invoice, GHBP agrees to pay the City in 5 accordance with the following rates : 6 Police Corporal $44 . 07 per hour 7 CSR II $23 . 83 per hour 8 CSR I $22 . 11 per hour 9 Vehicle/Equipment Usage $79 . 76 ($99 . 70*) per event 10 *Events with expected attendance of more than 15, 000 11 will require one additional CSR. 12 5 . This agreement may be amended by written mutual consent 13 of both parties hereto. 14 6 . In the event of disaster or unforeseen emergency, CITY 15 shall be excused from providing scheduled traffic control 16 services without prior notice . Either party may cancel 17 this agreement by giving thirty-day written notice to the 18 other. 19 7 . The rates indicated in this agreement are for estimate 20 purposes only. In the event of a wage increase, GHBP 21 agrees to pay the increased rates provided notice thereof 22 is provided to GHBP . 23 B . GHBP agrees that reasonable additional charges may be 24 assessed for S . B. P. D. supplies expended (flares) , 25 additional equipment utilized, damage to uniforms or RP:lo 05/12/98 2 i 1 property repaired or replaced at CITY expense, etc . , 2 which are directly related to the services referenced 3 herein provided that written documentation of such 4 incurred changes are provided to GHBP. 5 9 . GHBP agrees that any cancellations of this request 6 for service later than 4 : 00 p.m. on the day preceding 7 the requested service may result in a charge of four (4 ) 8 hours for each officer assigned. 9 10 . No additional gifts, donations, or gratuities may be 10 accepted by S .B. P. D. personnel in their behalf or in the 11 behalf of the Department . 12 11 . GHBP shall indemnify, defend and hold CITY, its 13 officers, employees and agents, free and harmless from 14 any claim, demand, liability, suit, judgement or expense 15 (including, without limitation, reasonable costs of 16 defense) arising out of or related to CITY' s performance 17 of services under this agreement, except that such duty 18 to indemnify, defend and hold harmless shall not apply 19 where injury to person or property is caused by CITY' s 20 willful misconduct or negligence . 21 22 23 24 25 RP:lo 05/12/98 3 1 2 AGREEMENT FOR SERVICES 3 (Glen Helen Blockbuster Pavilion) 4 5 By. Judith Valles, Mayor 6 7 GLEN HELEN BLOCKBUSTER PAVILION, BY WESTERN AMPHITHEATER PARTNERS, BY PAVILION 8 PARTNERS, BY SFX/PACE, INC. 9 10 By: 11 12 13 ATTEST: 14 15 Rachel Clark, City Clerk 16 Date: 17 Approved as to Form and 18 Legal Content : 19 20 James F. Penman City Attorney 21 By: City Attorney 22 23 24 25 RP:lo 05/12/98 4