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HomeMy WebLinkAbout38- Police CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL-ACTION From: Chief Lee Dean Subject: Agreement for Services with Glen Helen ORIGINAL Blockbuster Pavilion Dept: Police Date: 05-15-98 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: X38" O 7/��/ye Agenda Item N I 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. • I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN 3 BLOCKBUSTER PAVILION AND RESCINDING RESOLUTION 98-95. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to execute on behalf of said City a contract with Glen Helen Blockbuster Pavilion relating to traffic control services within City jurisdiction, a copy of which is attached hereto marked Exhibit 9 10 "A" and incorporated herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization to execute the above referenced agreement is rescinded 12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 13 SECTION 3. Resolution 98-95 is hereby rescinded. • 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 l 7IGMe • I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH GLEN HELEN 2 BLOCKBUSTER PAVILION AND RESCINDING RESOLUTION 98-95. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting 5 thereof, held on the day of 1998, by the following vote, to 6 wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 ARIAS 11 SCHNETZ 12 DEVLIN 13 ANDERSON • 14 MILLER 15 16 CITY CLERK 17 18 The foregoing Resolution is hereby approved this day of 1998. 19 20 JUDITH VALLES, Mayor 21 City of San Bernardino 22 Approved as to form and 23 legal content: 24 JAMES F. PENMAN, City Attorney 25 26 / emu By: -o d • 27 28 • I AGREEMENT FOR SERVICES 2 (Glen Helen Blockbuster Pavilion) 3 THIS AGREEMENT, made and entered into this day of 11998, 4 by and between the City of San Bernardino, acting by and through the San Bernardino Police 5 Department, hereinafter called "CITY" and Glen Helen Blockbuster Pavilion, hereinafter called 6 "GHBP." 7 WITNESSETH: By and in consideration of the covenants and the conditions herein 8 contained, GHBP and CITY do hereby agree as follows; 9 1. CITY agrees to provide one Police Officer and four Community Service 10 Representatives (C.S.R.'s)* with vehicles for traffic control during various events at 11 the Glen Helen Blockbuster Pavilion. Traffic control services will be provided, as 12 needed, at the following locations: 13 a. I-215 Northbound off ramp at Palm • 14 b. Palm and Kendall 15 C. Palm/Institution and Cajon Boulevard 16 d. Institution and Powerline Road. 17 2. The S.B.P.D. coordinator shall be Corporal Lance Otey, Area Corporal for Area B, 18 telephone number (909) 384-5786. GHBP coordinator shall be Mr. Nick Kotos, 19 telephone number (909) 880-6500. 20 3. The term of this agreement shall July 6, 1998 through December 31, 1999. i 21 4. In consideration for the above services and upon receipt of an itemized invoice, 1 -.I 22 GHBP agrees to pay the City in accordance with the following rates: 23 Police Corporal $44.07 per hour 24 CSR II $23.83 per hour 25 CSR I $22.11 per hour 26 Vehicle/Equipment Usage $79.76 ($99.70*) per event • 27 *Events with expected attendance of more than 15,000 will require one additional 28 CSR. 1 • 1 5. This agreement may be amended by written mutual consent of both parties hereto. 2 6. In the event of disaster or unforeseen emergency, CITY shall be excused from 3 providing scheduled traffic control services without prior notice. Either party may 4 cancel this agreement by giving thirty-day written notice to the other. 5 7. The rates indicated in this agreement are for estimate purposes only. In the event of 6 a wage increase, GHBP agrees to pay the increased rates provided notice thereof is 7 provided to GHBP. 8 8. GHBP agrees that reasonable additional charges may be assessed for S.B.P.D. 9 supplies expended (flares), additional equipment utilized, damage to uniforms or 10 property repaired or replaced at CITY expense, etc., which are directly related to the 11 services referenced herein provided that written documentation of such incurred 12 changes are provided to GHBP. 13 9. GHBP agrees that any cancellations of this request for service later than 4:00 p.m. • 14 on the day preceding the requested service may result in a charge of four(4) hours 15 for each officer assigned. 16 10. No additional gifts, donations, or gratuities may be accepted by S.B.P.D. personnel 17 in their behalf or in the behalf of the Department. 18 11. GHBP shall indemnify, defend and hold CITY, its officers, employees and agents, 19 free and harmless from any claim, demand, liability, suit, judgement or expense 20 (including, without limitation, reasonable costs of defense) arising out of or related 21 to CITY's performance of services under this agreement, except that such duty to 22 indemnify, defend and hold harmless shall not apply where injury to person or 23 property is caused by CITY's willful misconduct or sole negligence. 24 25 26 • 27 28 2 J • 1 AGREEMENT FOR SERVICES 2 (Glen Helen Blockbuster Pavilion) 3 4 CITY OF SAN BERNARDINO 5 6 By: Judith Valles, Mayor 7 8 GLEN HELEN BLOCKBUSTER PAVILION, BY 9 Western Amphitheater Partners, by Pavilion Partners, By SFX/PACE, Inc. 10 11 By: 12 13 • 14 ATTEST: 15 16 Rachel Clark, City Clerk 17 Dated: 18 19 Approved as to Form and Legal Content: 20 JAMES F. PENMAN, 21 City Attorney 22 By: + 23 24 25 26 • 27 28 3 b C I T Y O F an bernardino COED i� R A H E L L A R K C I T I C L E R .( July 9, 1998 Mr. Nick Kotos Glen Helen Blockbuster Pavilion 2575 Glen Helen Parkway Devore. CA 92407 Dear Mr. Kotos: At he Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino adopted Resolution 98-202 authorizing a contract with Glen Helen Blockbuster Pavilion. Enclosed are one (1) original agreement, and two (2) duplicate original agreements. Please obtain signatures where indicated and return the all three (3) agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA, 92418 as soon as possible. Please be advised that the resolution will be null and void if it is not executed within sixty (60) days—September 4, 1998. Once the agreement is fully executed by City staff, a fully executed copy will be sent to you for your files. If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384- 5002. Sincerely, L /✓ azllll . Rac el Clark City Clerk RC:mam Enclosures P . O . 8 O % 1 9 1 8 , S A N B E R N A R D I N O , C A 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D 1 N 0 . C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 0 2 F A % - ( 9 0 9 ) 3 8 4 - 5 1 5 8 TD D I T T Y - ( 9 0 9 ) 0 8 4 - 5 5 4 0 0 ova,•..- - ` C I T Y O F `nFo an bernardino t� R A C H E L C L A R K C I T Y C L E R K August 13, 1998 Mr. Nick Rotos Glen Helen Blcokbuster Pavillion 2575 Glen Helen Parkway Devore, CA 92407 Dear Mr. Rotos: Enclosed for your records is a fully executed copy (with attachments) of Resolution # 98-202. If you have any questions please do not hesitate to contact me at (909) 384-5002 ext. 3212. Sincerely, Rachel Clark City Clerk / By Melanie Miller Senior Secretary mar Attachment P . O . 8 0 X 1210 , BAN 8E R N A R DI NO , CA 92402 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 . C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 2 0 4 . 5 0 0 2 ( 9 0 9 ) 2 9 4 - S 1 0 2 F A X - (9 0 9 ) 2 0 4 . 0 1 0 0 T D D I T T Y - ( 9 0 9 ) 3 8 4 -5 0 4 0