Staff Report.�pW N OF
MEETING DATE: 10/06/15
ITEM NO: i c)
. S.
°S`�as0 COUNCIL AGENDA REPORT
DATE: SEPTEMBER 24, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER j4ZtV—Z P` /' {
SUBJECT: OUTSIDE WORK PERMIT PROGRAM
RECOMMENDATION:
Accept the status report regarding the Town's Outside Work Permit Program.
BACKGROUND:
While the primary work responsibility of a Town of Los Gatos employee is the performance of his/her
job duties, the Town recognizes that employees may have an interest in engaging in outside employment
or business activity in addition to Town employment. The Town has in place an Outside Work Permit
Program to define the employee's responsibilities related to outside employment, including self -
employment, and to establish procedures for requesting and obtaining permission to engage in outside
employment or business activities.
The authority for Town employees to engage in secondary employment is governed by a number of
source authorities, including Government Code, Penal Code, Town Personnel Rules /Regulations, union
Memoranda of Understanding (MOUs), and Police Department Policy. Government Code Section 1127
specifically outlines the intent of the State Code.
"It is not the intent of this article to prevent the employment by private business of a public
employee such as a peace officer, fireman, forestry service employee, among other public
employees, who is off duty to do work related to and compatible with his regular employment,
or past employment, provided the person or persons to be employed have the approval of their
agency supervisor and are certified as qualified by the appropriate agency."
PREPARED BY: RUM]
Humes
Reviewed by: Assistant Town Manager ZIP Town Attorney
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: OUTSIDE WORK PERMIT PROGRAM
DATE: SEPTEMBER 24, 2015
The Town's Outside Work Permit Program defines outside employment as consisting of any goods
produced or any services performed by a Town employee who is self - employed or who is hired by an
outside employer for which the employee is compensated in the form of wages or other goods or
services. Volunteer service is not included as part of the Outside Work Permit Program and employees
are not required to report these activities to the Town.
At the August 27, 2015 Policy Committee meeting, staff presented information on the Town's Outside
Work Permit Program, including the different governing authorities, approval process, and a verbal
report on the total number of approved applications to date for the current calendar year. For a copy of
the report presented to the Policy Committee, visit www.losaatosca.gov /AaendaCenter /Council - Policy -_
Committee -7 and click on the August 27, 2015 meeting.
DISCUSSION:
The Policy Committee directed staff to provide the same information presented to them to the Town
Council to inform Council Members of the program and its activity. The Policy Committee further
directed staff to provide quarterly status reports to the Council through the Town Manager's Weekly
Memorandum. Staff will be providing these updates in January, April, July, and October to align with
the two times (January and July) that employees apply for an outside work permit, which is dependent
on the provision in their MOU.
Currently, the Town employs 206 full -time and hourly /temporary employees. At the time this report was
produced, the Town Manager had approved 28 permit applications. This number is higher than reported
at the Policy Committee meeting due to new hires and new permit requests received since then.
Attachment 1 provides a break down by department and employee job classification. It also provides a
brief description of the type of secondary work approved. All the approved work permits are for work
outside of Town limits. Employee names are withheld from the report. Individual applications are filed
with Human Resources.
Of the 28 approved applications, 13 are from full -time, and 15 are from hourly /temporary employees. Of
the 13 applications from full -time employees, two are from sworn personnel to work as reserve officers
(also referred to as "double- badging ") for the City of Santa Clara at the Levi's Stadium. Terms and
conditions for this agreement with the Santa Clara Stadium Authority and the City of Santa Clara were
approved by the Los Gatos Town Council on December 13, 2013. Attachment 2 contains a copy of the
agreement. On a related and separate matter, the Town did not participate in a law enforcement service
agreement for Super Bowl 50.
Of the 15 applications from hourly /temporary employees, 14 are from Library staff. This is important to
highlight because the nature of this work results in staff choosing to work at multiple libraries and /or
other companies to supplement income.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: OUTSIDE WORK PERMIT PROGRAM
DATE: SEPTEMBER 24, 2015
CONCLUSION:
Human Resources staff continues to oversee the Outside Work Permit Program, and will report to the
Town Council on a quarterly basis on program activity through the Town Manager's Weekly
Memorandum.
COORDINATION:
This report was coordinated with following departments: Library, Police, Parks and Public Works,
Community Development, and the offices of the Town Manager and Town Attorney.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This item is not a project defined under CEQA, and no further action is required.
Attachments:
1. 2015 Approved Outside Work Permit
2. Agreement by and between the Santa Clara Stadium Authority, City of Santa Clara and Cities of
Campbell, Gilroy, Milpitas, Morgan Hill, Mountain View, and Palo Alto and the Town of Los Gatos
for Indemnity
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CLERK DEPARTMENT
AGREEMENT by and between the RK _.. __ - -
SANTA CLARA STADIUM AUTHORITY, CITY OF SANTX15I1ARa,_a ^4, -
the CITIES OF CAMPBELL, GILROY, MILPITAS, MORGAN HILL,
MOUNTAIN VIER' and PALO ALTO, and the TOWN OF LOS GATOS
FOR INDEMNITY
PREAMBLE
This agreement for indemnity ( "Agreement') is made and entered into on this
day ofew�, 2013, (`Effective Date ") by and between the Santa Clara Stadium
Authority, a Joint Powers Authority, with its primary business address at 1500 Warburton
Avenue, Santa Clara, California 95050 ( "Authority "), the City of Santa Clara, a chartered
municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050
("Santa Clara "), the City of Campbell, a municipal corporation, located at 70 N. First Street,
Campbell, California 95005 ( "Campbell "), the City of Gilroy, a chartered municipal
corporation, located at 7351 Rosanna St., Gilroy, California 95020 ( "Gilroy "), the City of
Milpitas, a municipal corporation, located at 455 E. Calaveras Blvd., Milpitas, California 95035
(`Milpitas "),, the City, of Morgan Hill, a municipal corporation, located at 17575 Peak Ave.,
Morgan Hill, California 95037 ( "Morgan Hill'), the City of Mountain View, a chartered
municipal corporation, located at 500 Castro St., Mountain View, California 94039 ("Mountain
View "), the City of Palo Alto, a chartered municipal corporation, located at 250 Hamilton Ave.,
Palo Alto, California 94301 ('Palo Alto'), and the Town of Los Gatos, located at 110 E. Main
St., Los Gatos, California 95030 (`Los Gatos ") (Campbell, Gilroy, Milpitas, Morgan Hill,
Mountain View, Palo Alto, and Los Gatos may be collectively referred to herein as "Agencies"
and individually as an "Agency "). Authority, Santa Clara and Agency may be referred to
individually as a "Party" or collectively as the "Parties" to this Agreement."
RECITALS
A. Authority and Santa Clara agrees to provide indemnity and insurance coverage to
Agency regarding the performance of the law enforcement functions described
herein.
B. Agency is agreeable to allow its off -duty police officers to participate in such law
enforcement services pursuant to the terms and conditions set forth in this Agreement.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. DOUBLE BADGING OF OFFICERS.
A. Santa Clara and Authority require supplemental special detail law enforcement
services for events taking place at the new Santa Clara Levi Staditmt (`Stadium ") site
and surrounding areas during the terns of this Agreement. Santa Clara will be hiring
off -duty law enforcement officers from other local agencies, including Agencies, as
City of Santa Clara Police Reserve Officers. These officers will be Reserve Police
Officers of the City of Santa Clara in accordance with the Santa Clara Police
Department Operations Manual, General Order 16.3 or any other applicable order.
AGREEMENT FOR INDEMNITY
Page I of 12
ATTACFIMENT 2
The Reserve Police Officers will be issued badges and uniforms by the City of Santa
Clara.
B. Santa Clara is authorized to and does hereby provide consent, pursuant to Penal Code
section 830.1(a)(2), for any Agency peace officer providing services hereunder to
exercise full peace officer authority within Santa CIara's jurisdiction.
C. Reserve Police Officers from Agency will be using their home Agency equipment
including firearms, vests, duty belts, and tasers. Communication devices (radio) shall
be provided by Santa Clara.
D. Subject to the terms and provisions of this Agreement, Agency shall allow its police
officers to serve as City of Santa Clara Reserve Officers for the purposes described in
this Agreement when off -duty from their assignments with the Agency. Agency also
authorizes them to use the Agency equipment described in paragraph C of this
section, subject to the terms and provisions of this Agreement.
E. The Parties understand and agree that the officers' duties and assignments to Agency
shall have priority over any assignments as a City of Santa Clara Reserve Officer, and
that the Agency may recall the officer for duty to the Agency at any time, without
prior notice to Santa Clara or the Authority. However, Agency will cooperate in good
faith to avoid any scheduling conflicts.
F. The Parties further understand and agree that while serving as a City of Santa Clara
Reserve officer, the officer will be under the supervision of the City of Santa Clara
Police Department.
2. HOLD AGENCY HARMLESS.
Agency shall not be responsible for any act or omission of its law enforcement officer(s)
while serving as a City of Santa Clara Reserve Officer or the act or omission of law
enforcement officers from other Agencies pursuant to this Agreement. To the extent
permitted by law, Santa Clara and Authority agree to indemnify, protect, defend with
counsel reasonably acceptable to Agency and hold harmless Agency, its Council.
officers, employees, volunteers and agents from and against any claim, action, injury,
liability, loss, cost, and /or expense or damage, including all costs and reasonable
attorney's fees in providing a defense to any claim, arising from, or alleged to arise from
any negligent, reckless or wrongful acts, errors, or omissions with respect to or in any
way connected with the performance of the services by Agency, its employees, officers
or agents or the use of Agency equipment under this Agreement, except for any claim;
injury, liability, loss, cost, and /or expense or damage directly and proximately caused by
the sole and active negligence or willful misconduct of Agency.
The provisions of this section are intended to fully allocate all responsibility between the
Parties for claims, demands, actions or suits brought by any third party concerning the
services contemplated under this Agreement. Neither Santa Clara nor the Authority shall
have any rights in law, or equity, or otherwise, to any indemnity or contribution from
Agency for matters covered by this section.
Page 2 of 12
AGREEMENT FOR INDEMNITY
This section does not apply to any workers' compensation liability that may arise if
Agency's officer(s) are injured while working as a Santa Clara Reserve Officer. In the
event of such an industrial injury, Santa Clara and/or Authority shall be liable and
responsible for payment(s) they are statutorily obligated to pay, as agreed to by the
Parties or as determined by a court or tribunal of competent jurisdiction. Nonetheless, the
hold harmless, defense and indemnity provisions of Section 2 shall apply to any claim, or
action commenced, by any Agency or Agency's officer(s) against another Agency for
injuries or damages arising out of, or alleged to be arising out of, the provision of services
under this Agreement.
In the event of a dispute between Santa Clara and /or Authority and any Agency, or if an
Agency employee is named in an action due to service as a Santa Clara Reserve Officer,
the other Agencies named in this Agreement are not necessary parties and need not be
named or involved as parties to that dispute.
3. INSURANCE.
During the term of this Agreement, Santa Clara and Authority shall purchase, and
maintain in full force and effect, at least the following insurance policies:
A. Commercial general liability insurance;
B. Comprehensive automobile injury insurance (bodily injury and property damage)
with respect to employees and vehicles assigned to the performance of work
pursuant to this Agreement;
C. Workers' compensation, employer's liability, if required by law; and,
Santa Clara and Authority shall, during the term of this Agreement, and at no expense to
Agency, maintain the insurance policies, with limits of coverage, endorsements and with
the required certificates as set forth in the attached Exhibit "A" entitled "Insurance
Requirements." The scope and form of each respective insurance coverage shall be
subject to approval of Agency's City Attorney's Office so that the protection afforded to
Agency by Santa Clara and Authority with respect to this Agreement will be
accomplished. Agency must approve all insurance coverages and carriers prior to
commencement of work under this Agreement. Santa Clara and /or Authority tmay elect
to self- insure with written notice of such self - insurance provided to Agency(ies).
4. TERM OF AGREEMENT.
The term of this Agreement shall commence upon execution by the Parties and shall
terminate June 30, 2016, unless terminated sooner or extended in whole or in part as
provided for herein.
5. TERMINATION.
A. Any Party may terminate this Agreement as to that Party with or without cause by
giving not less than sixty (60) days advance written notice to the other Parties. A
termination by one Party other than Santa Clara or the Authority shall not
Page 3 of I?
AGREEMENT FOR INDEMNITY
terminate this Agreement as to the remaining Parties. A termination of this
Agreement by Santa Clara or the Authority shall terminate this Agreement as to
all Parties hereto.
B. Notwithstanding the foregoing, Agency may terminate the Agreement on at least
twenty (20) days advance notice, or less in the event of exigent circumstances, if
Agency concludes that there are insufficient personnel to provide the agreed upon
services and still perform other Agency duties as solely determined by Agency in
its unfettered discretion.
C. In the event of a termination, each Party shall fully discharge all obligations owed
to the other Party accruing prior to the date of such tenmination, and, except as
otherwise provided herein, each Party shall be released from all obligations,
which would otherwise accrue subsequent to the date of termination. The duty to
hold harmless, indemnify, protect, and defend in accordance with Section 2 above
shall survive termination of this Agreement.
6. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent and
addressed as follows:
Santa Clara Stadimn Authority
Attention: Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Fax: (408) 241-6771
And to Santa Clara as follows:
City of Santa Clara
Attention: City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Fax: (408) 241 -6771
And to Agencies addressed as follows:
Campbell: City Manager
70 N. First Street
Campbell, CA 95008
Fax: (408) 374 -6889
Gilroy: City Administrator
7351 Rosanna Street
Gilroy, CA 95020
Fax: (408) 846 -0500
Page 4 of 12
AGREEMENT FOR INDEMNITY
Los Gatos: Town Manager
110 E. Main St.
Los Gatos. CA 95030
Fax: (408) 399 -5786
Milpitas: City Manager
455 E. Calaveras Blvd.
Milpitas, CA 95035
Fax: (408)
Morgan Hill: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attn: City Manager or Chief of Police
Fax: (409)
Mountain View: City Manager
500 Castro St.
Mountain View, CA 94039
Fax: (650)
Palo Alto: City Manager
250 Hamilton Ave.
Palo Alto, CA 94301
Fax: (650)
The workday that a facsimile is sent shall control the date notice was deemed given if
there is a facsimile machine generated document on the date of transmission. A facsimile
transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the
following Monday.
LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws
of the State of California. The venue of any suit filed by either Party shall be vested in
the state courts of the County of Santa Clara.
8. COUNTERPARTS.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which in the aggregate shall constitute one and the same instrument:
and the Parties agree that signatures on this Agreement, including those transmitted by
facsimile, shall be sufficient to bind the Parties.
[Signatures follow on next pages.]
Page S of 12
AGREEMENT FOR INDEMNITY
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by
the following signatures of their duly authorized representatives. It is the intent of the Parties that
this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
HARD E. NOSKl', J
ty Attorney
ATTEST
RO DIRIDON, JR.
City Clerk
S tJI, J J. FU NTES
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615 -2210
Fax: (408) 241 -6771
"SANTA CLARA"
SANTA CLARA STADIUM AUTHORITY
a Joint Powers Authority
APPROVED AS TO FORM:
� ,FI HARD E. NOSK1', JR. J O J. F ENTES
thoxity Counsel Executive Director
1500 Warburton Avenue
ATTEST: Santa Clara, CA 95050
- -LTelephone: (408)615 -221D
�!� _ Fax: (408) 241 -6771
ROD DIRIDON, JR,
Secretary
"AUTHORITY"
Page 6 of 12
AGREEMENT FOR INDEMNITY
City of Campbell
By: -,:
MAR DERV!
City Manager
70 N. First Street
Campbell, California 95008
Telephone: (408) 866 -2125
Fax: (408) 374-6889
Approved as to Form:
By:
'WI A MANN
Citv Atto iey
"CAMPBELL"
APPROVED AS TO FORM: —
LINDA A. CALLON THOMAS J. H GLUND
City Attorney Citv Administrator
ATTEST:
7351 Rosanna Street
Gilroy, California 95020
Telephone: (408) 846 -0202
Fax: (408) 846 -0500
SHA A FREEL. , % J E u : O-Ci< K; : c72t2.
City C erk I, ki ;n(, C. rt/ C L
"GILROY"
Town of Los Gatos
By:_`^
Greg La son, Tol6,n Manager
Approved as to Form:
repp, Town A orney
"LOSGATOS"
Page 7 of 12
AGREEMENT FOR INDEMNITY
APPROVED AS TO FORM:
MICH OGAZ
City Att ey
to Form:
City Attorney
455 E. Calaveras Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -3050
Fax: . (408) 586 -3056
STEVE PANGTMNAI�-�
Chief of Police
1275 North Milpitas Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -2426
Fax: (408) 586 -2492
"MILPITAS"
CITY OF MORGAN HILL a California
general ]aw mmti /IaLs,orooration
C
Its: City
COIMC,it Ipwoval,.
"MORGAN HILL"
AGREEMENT FOR INDEMNITY Page 8 of 12
APPROVED AS TOO F /ORM: (�
T nie L. Quinn
ty Attorney
FINA IAL APPROVAL:
Patty 7. KoPatty 7.�
Finance and " �Adt i istrative Services
Director
CI F PALO ALTO
Ci anager
awes Kee
CITY F PALO AL�
P lice Chief
Dennis Burns
APPROVED AS TO FORM
By: `�l XAssistmay
City Palo Alto
Dani01 Y1, Riche
City Manager
City of Mountain View
500 Castro Street
Mountain View, CA 94041
Telephone: 650- 903 -6301
Fax: 650- 962 -0384
nnjuNI'AIN' VIEW"
"PALO ALTO"
L49crs \STADIUM AUTHORITY \Law Enforcement Security AorecmenMCtTY SANTA CLARA INDEMNITY .AGREEMENT FINAL.
(5) doc
Page 9 of 12
AGREEMENT FOR INDEMNITY
AGREEMENT FOR INDEMNITY AND INSURANCE
EXHIBIT "A"
INSURANCE REQUIREMENTS
Santa Clara and Authority, and subcontracter(s), if any, shall purchase and maintain the
insurance policies set forth below on all of its operations wider this Agreement at its /their sole
cost and expense. Such policies shall be maintained for the full term of this Agreement and the
related warranty period (if applicable). For purposes of the insurance policies required wider this
Agreement, the term "Agency" shall include the duly elected or appointed council members,
commissioners, officers, agents, employees, and volunteers of the Agency (city), California,
individually or collectively.
MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES.
The following policies shall be maintained with insurers authorized to do business in the
State of California and shall be issued under forms of policies satisfactory to the Agency:
A. COMMERCIAL GENERAL LIABILITY INSURANCE POLICY ( "CGL ").
Policy shall include coverage at least as broad as set forth in Insurance Services
Office (herein "ISO ") Commercial General Liability coverage (Occurrence Form
CG 000 1) with policy limits not less than the following:
$2,0007000 each occurrence (combined single limit);
$2,000,000 for personal injury liability;
$4,000,000 aggregate for products - completed operations; and,
$4,000,000 general aggregate applying separately to this project.
B. BUSINESS AUTOMOBILE LIABILITY POLICY ( "BAL ").
Policy shall include coverage at least as broad as set forth in Insurance Services
Office Business Automobile Liability coverage. Symbol 1 "Any Auto" (Form CA
0001). This policy shall include a minimum combined single limit of not less than
one million ($1,000,000) dollars for each accident, for bodily injury and /or
property damage.
C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
INSURANCE POLICY ('WC/EL"). (A Workers' Compensation Policy is
required.)
These policies shall include at least the following coverages and policy limits:
1. Workers' Compensation insurance as required by the laws of the State of
California; and
2. Employer's Liability insurance with coverage amounts not less than one
Page 10 of 12
AGREEMENT FOR INDEMNITY
million ($1,000,000) dollars each accident/Bodily Injury (herein "Bl ");
one million ($1,000,000) dollars policy limit BI by disease; and, one
million ($1,000,000) dollars each employee BI by disease.
2. DEDUCTIBLES AND SELF - INSURANCE RETENTIONS.
3.
Any deductibles and /or self - insured retentions which apply to any of the insurance
policies referred to above shall be declared in writing by Santa Clara and or Authority
and approved by the Agency before work is begun pursuant to this Agreement. At the
option of the Agency, Santa Clara shall either reduce or eliminate such deductibles or
self-insured retentions or provide a financial guarantee satisfactory to the Agency
guaranteeing payment of losses and related investigations, claim administration, and /or
defense expenses.
All of the following clauses and endorsements, or similar provisions, are required to be
made a part of the required insurance policies indicated in parentheses below:
A. Additional Insureds The Agency, its City Council, commissions, officers and
employees are hereby added as additional insureds in respect to liability arising
out of the scope of work of this Agreement, providing coverage at least as broad
as Insurance Services Office (ISO) Endorsement CG 2010, 1985 Edition, or
insurer's equivalent (CGL);
B. General Aggregate The general aggregate limits shall apply separately to Santa
Clara and Authority stadium events under this Agreement providing coverage at
least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985
Edition, or insurer's equivalent (CGL);
C. Primary Insurance This policy shall be considered primary insurance with respect
to any other valid and collectible insurance Agency may possess, including any
self - insured retention Agency may have, and any other insurance Agency does
possess shall be considered excess insurance only and shall not be called upon to
contribute with this insurance (CGL & BAL); and
D. Notice of Cancellation No cancellation shall be effective until written notice has
been given at least thirty (30) days prior to the effective date of such cancellation
to Agency at the address set forth below, except the insurer may give ten (10)
days notice for non - payment of premium (CGL, BAL, WC/EL & PL).
E. Waiver of Subrogation The policy shall provide a waiver of any right to
subrogation which any insurer of Santa Clara or the Authority may acquire
against the Cities by virtue of any loss under such insurance. This provision
applies whether or not the Entity has received a waiver of subrogation
endorsement from the insurer. v
Page 11 of 12
AGREEMENT FOR INDEMNITY
4. ABSENCE OF INSURANCE COVERAGE.
Agency may direct Santa Clara or Authority to immediately cease all activities with
respect to this Agreement if the Agency determines that Santa Clara fails to carry, in full
force and effect, all insurance policies with coverages at or above the limits specified in
this Agreement.
5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.
A Certificate of Insurance, on an Accord form, and implementing endorsements shall be
provided to Agency by each of Santa Clara's and Authority's insurance companies as
evidence of the stipulated coverages prior to commencement of work under this
Agreement, and annually thereafter at least ten (10) days prior to termination of existing
coverage for the term of this Agreement. Agency reserves the right to require complete,
certified copies of all required insurance policies, including endorsements affecting the
coverage required by this Agreement at any time. All of the insurance companies
providing insurance for Contractor shall have, and provide evidence of, a Best Rating
Service rate of "A VI" or above.
The Certificate of Insurance and coverage verification and all other notices related to
cancellation shall be mailed to the persons identified in the Agreement as receiving
notices.
AGREEMENT FOR INDEMNITY Page 12 of 12
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March 14, 2014
Town Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re:
MAR 17 2014
Santa Clara
AI2nutlta I'll
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Ridhord E Noslcy, JI'.
City Attorney
Agreement by and between the Santa Clara Stadium Authority, City of
Santa Clara, and the Cities of Campbell, Gilroy, Milpitas, Morgan Hill,
Mountain View and Palo Alto, and the Town of Los Gatos for Indemnity
Dear Town Manager:
.Enclosed for your records is a fully executed copy of the above - referenced
Indemnity Agreement
Thank you.
Very truly yours,
Robin Kettner
Legal Office Specialist III
Enclosure
lA49ers \Stadium Authority \Law Enforcement Security Agreements \Los Gatos
Indemnity Agreement.doc
CiLv e` Santa Cm -a
1500 WarbumDn Avenue
s!aa Clare. CA 95050
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s GRtos COUNCIL AGENDA REPORT
DATE: December s. 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING BATE: 12116/13
ITEM NO: S
SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH SANTA CLARA STADIUM AUTHORITY AND CITY OF
SANTA CLARA THAT SETS FORTH TERMS AND CONDITIONS
UNDER WHICH TOWN POLICE OFFICERS MAY BE AUTHORIZED
TO WORK AS RESERVE OFFICERS FOR THE CITY OF SANTA
CLARA AT THE NEW LEVI STADIUM
RECO14 vIENDATION:
Authorize Town Manager to execute an agreement with Santa Clara Stadium Authoritv
and City of Santa Clara that sets forth terms and conditions under which Town Police
Officers may be authorized io work as Reserve Officers for the City of Santa Clara at the
new Levi Stadium.
BACKGROUND:
The Santa Clara Stadium Authority is a public entity created by the City of Santa Clara to
construct and own the new Levi Stadium in the City of Santa Clara. Beginning in 2014,
the stadium will be the home of the San Francisco 49ers. In addition to football games,
the stadium will host a variety of other events including other sporting events and
concerts.
The stadium is expected to need security personnel for football gauzes and special events in
numbers well beyond what the City of Santa Clara can provide with their own personnel. The
City of Santa Clara and the Stadium Authority have been working to develop a mechanism to
allow for the use of police officers from the region, primarily Santa Clara County, to supplement
Santa Clara's officers.
The alternative that has been chosen is called "double- badging° in which a police officer of
another local agency, with the approval of hisrher chief, is also appointed to the City of Santa
Clara as a reserve police officer. The reserve officers from the Town of Los Gatos would be
trained and supervised by Santa Clara Police Department staff for Stadium events.
PREPARED BY: Scott Seaman, Police Ch'
Judith Propp, Town Attor
Reviewed by: _ Assistant Town Manager
Town Attorney