Staff Report Levi Stadium
PREPARED BY: ROBERT SCHULTZ
Town Attorney
_______________________________________________________________________________________
Reviewed by: N/A Assistant Town Manager Town Manager N/A Finance
_________________________________________________________________________
MEETING DATE: 08/02/16
ITEM NO: 12
COUNCIL AGENDA REPORT
DATE: July 26, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVITTI, TOWN MANAGER
SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO AN AGREEMENT WITH SANTA
CLARA STADIUM AUTHORITY AND CITY OF SANTA CLARA FOR AN
ADDITIONAL THREE YEARS 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 LEVI STADIUM
RECOMMENDATION:
Approve Amendment No. 1 to an Agreement with Santa Clara Stadium Authority and City of
Santa Clara for an additional three years 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 Levi
Stadium.
BACKGROUND:
On December 16, 2013, the Town Council approved an agreement with Santa Clara Stadium
Authority and City of Santa Clara that sets forth terms and conditions under which Town of Los
Gatos-Monte Sereno Police Officers may be authorized to work as Reserve Officers for the City
of Santa Clara at the new Levi Stadium. The Staff report and Agreement is attached hereto as
Attachments 1 and 2. The Town Manager and Town Attorney executed Amendment No. 1 to the
Agreement extending the terms of the Agreement until June 30, 2019. Amendment No. 1 to the
Agreement is attached hereto as Attachment 3.
DISCUSSION:
The Mayor has requested the extension be approved by the Town Council. The Agreement has
been in place the past two years without any litigation or liability, and also explicitly allows the
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: STADIUM AGREEMENT AMENDMENT
JULY 26, 2016
DISCUSSION (Cont’d):
Town to limit officer employment with Santa Clara as deemed necessary for Town needs. For
the past two years, the Town has benefited from this Agreement through Los Gatos Police
Officer training, networking, and compensation, as well as participation in needed security for
regional events attended by many Los Gatos residents. Currently, two Town Police Officers are
participating in this opportunity and are aware that this item is coming before the Council for its
consideration.
Because of the benefits, the Town Manager and Town Attorney approved the extension to the
Agreement until June 30, 2019; however, if the Town Council disagrees and desires to not
approve the extension to the Agreement, the Agreement can be cancelled with 60 days’ notice.
ALTERNATIVES:
1. Direct staff to cancel the agreement.
ATTACHMENTS:
1. Staff Report for Council Meeting of December 16, 2013
2. Agreement 14.005 – Santa Clara Stadium Authority
3. Agreement 16.112 - Amendment No. 1 to the Agreement
oWN o<
ioS sA os COUNCIL AGENDA REPORT
DATE: December 5, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 12/16/13
ITEM NO: 8
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
RECOMMENDATION:
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.
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 games 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 his/her 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.
Reviewed by: Assistant Town Manager Town Attorney
PAGE
MAYOR AND TOWN COUNCIL
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
December 5, 2013
When working at the stadium as a reserve officer, such officers would wear the uniform and
abide by the rules of the City of Santa Clara, although the officers would be required to use their
Town "safety equipment" which includes a firearm, taser, baton, chemical spray, duty belt, and
vest. State law permits police officers to be police officers in more than one agency at a time; a
practice more common in Southern California than Northern California.
The Town of Los Gatos retains priority over the assignment of an officer and can refuse to allow
an officer to work for the second agency when needed for Town special events, disasters or to
cover shortages in staffing. Under existing Town personnel rules, a discretionary outside work
permit would be required of any officer seeking reserve employment with the City of Santa
Clara.
The police chiefs in Santa Clara County support this approach to provide security to Levi
Stadium. Use of officers from throughout the region ensures a sufficiently large resource of
officers to staff the various events while not overtaxing any single agency or requiring limited
double - badged officers to work every event. The Town's Police Department anticipates that a
small number of officers from Los Gatos will request to participate in this program.
The cities of Campbell and Morgan Hill already approved this agreement. The cities of
Mountain View, Palo Alto, Milpitas, and Gilroy will consider approval of the agreement as well.
The cities of Sunnyvale and San Jose are expected to establish their own specific agreement with
the City of Santa Clara, as opposed to using the "double badging" method, due to their
relationship with Santa Clara and proximity to the stadium.
DISCUSSION:
The attached agreement sets forth the terms and conditions under which Los Gatos
officers and other local agencies would allow their officers to be hired by City of Santa
Clara as reserve officers to be assigned duties at the stadium.
The main points of the Agreement include the following terms:
1. The Officer's duties to the Town Police Department will take priority over
any reserve assignment with Santa Clara;
2. Town Officers will also be hired by City of Santa Clara and serve as reserve
officers assigned to the stadium. The officers will wear a Santa Clara uniform
and badge, but will use their own duty belt, firearm, taser, baton, chemical
spray and vest issued by the Town of Los Gatos.
PAGE 3
MAYOR AND TOWN COUNCIL
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
December 5, 2013
3. The City of Santa Clara and the Stadium Authority will indemnify and defend
the Town of Los Gatos for any losses or damages arising out of any civil
claims or lawsuits involving a Town police officer while on duty at the
stadium.
4. The City of Santa Clara and the Stadium Authority will provide insurance
coverage and name the Town of Los Gatos as an additional insured to cover
any losses or damages arising out of this agreement;
In the event that an officer from Los Gatos is injured while on duty working for Santa Clara, the
officer's injuries would be covered by Santa Clara. The officer would receive disability pay in an
amount less than the officer's full pay at Los Gatos. That issue is not a Town matter, but rather
a decision for the officer to weigh prior to accepting a Santa Clara assignment.
The Agreement would not cover or reimburse the Town for costs incurred by Los Gatos
to pay someone else to cover shifts /assignments in the event that our officer cannot report
for duty in Town. Any permanent disability claims arising out of an injury received
during their work at Santa Clara would be resolved according to current workers'
compensation law. The Santa Clara Police Department conducted a review of injuries to
security personnel across stadiums throughout the United States and determined that the
incidence of injury from security assignments is low.
The proposed agreement tries to minimize risks from litigation and liability, and also explicitly
affirms the Towns authority to limit officer employment with Santa Clara as deemed necessary
for Town needs.
The Town might benefit from this agreement through Los Gatos police officer training,
networking, and compensation, as well as participation in needed security for regional events
attended by many Los Gatos residents as well.
CONCLUSION:
Authorize the 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
of Los Gatos -Monte Sereno Police Officers may be authorized to work as Reserve
Officers for the City of Santa Clara at the new Levi Stadium.
PAGE 4
MAYOR AND TOWN COUNCIL
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
December 5, 2013
ENVIRONMENTAL ASSESSMENT:
The action is not a project defined under CEQA and no further action is required.
FISCAL IMPACT:
The Agreement does not have any identifiable or recurring costs to the Town. The agreement
seeks to limit litigation risks and liability for the Town, but does not ensure replacement staffing
costs for long term employee absence or disability.
Attachment:
1. Agreement for Indemnity
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
PREAMBLE
This agreement for indemnity ( "Agreement ") is made and entered into on this
day of 2013, ( "Effective Date ") by and between the Santa Clara Stadium
Authority, a Joint Powers Authority, with its primary business address at 1500 WarburtonAvenue, Santa Clara, California 95050 ( "Authority "), the City of Santa Clara, a chartered
municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050SantaClara "), the City of Campbell, a municipal corporation, located at 70 N. First Street, Campbell, California 95008 ( "Campbell'), the City of Gilroy, a chartered municipal
corporation, located at 7351 Rosanna St., Gilroy, California 95020 ( "Gilroy "), the City ofMilpitas, a municipal corporation, located at 455 E. Calaveras Blvd., Milpitas, California 95035Milpitas "), 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 ( "MountainView "), 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. MainSt., 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 toindividuallyasa "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 Stadium ( "Stadium ") site
and surrounding areas during the term of this Agreement. Santa Clara will be hiring
off -duty law enforcement officers from other local agencies, including Agencies, asCityofSantaClaraPoliceReserveOfficers. 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
ATTACHMENT
Page 1 of 1
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 Clara'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 2
AGREEMENT FOR INDEMNITY
In the event of a dispute between 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 may 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
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.
Page 3 of 3
AGREEMENT FOR INDEMNITY
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 termination, 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 Stadium 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
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)
Page 4 of 4
AGREEMENT FOR INDEMNITY
Morgan Hill: City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Attn: City Manager or Chief of Police
Fax: (408)
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.]
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.
Page 5 of 5
AGREEMENT FOR INDEMNITY
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
RICHARD E. NOSKY, JR.
City Attorney
ATTEST:
ROD DIRIDON, JR.
City Clerk
APPROVED AS TO FORM:
JULIO J. FUENTES
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
RICHARD E. NOSKY, JR.
Authority Counsel
ATTEST:
ROD DIRIDON, JR.
Secretary
AGREEMENT FOR INDEMNITY
JULIO J. FUENTES
Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615 -2210
Fax: (408) 241 -6771
AUTHORITY"
Page 6 of 6
City of Campbell
G
MARK LINDER
City Manager
70 N. First Street
Campbell, California 95008
Telephone: (408) 866 -2125
Fax: (408) 374-6889
APPROVED AS TO FORM:
LINDA A. CALLON
City Attorney
ATTEST:
SHAWNA FREELS
City Clerk
Town of Los Gatos
Greg Larson, Town Manager
Approved as to Form:
Judith J. Propp, Town Attorney
Approved as to Form:
CAMPBELL"
GILROY"
LOSGATOS"
WILLIAM R. SELIGMANN
City Attorney
THOMAS J.HAGLUND
City Administrator
7351 Rosanna Street
Gilroy, California 95020
Telephone: (408) 846 -0202
Fax: (408) 846-0500
Page 7 of 7
AGREEMENT FOR INDEMNITY
APPROVED AS TO FORM:
MICHAEL J.OGAZ
City Attorney
MILPITAS"
Approved as to Form:
RENEE A. GURZA
City Attorney
THOMAS C. WILLIAMS
City Manager
455 E. Calaveras Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -3050
Fax: (408) 586 -3056
STEVE PANGELINAN
Chief of Police
1275 North Milpitas Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -2426
Fax: (408) 586 -2492
CITY OF MORGAN HILL a California
general law municipal corporation
By:
STEVE RYMER
Its: City Manager
MORGAN HILL"
AGREEMENT FOR INDEMNITY
Page 8 of 8
APPROVED AS TO FORM:
Jannie L. Quinn
City Attorney
FINANCIAL APPROVAL:
Patty J. Kong
Finance and
Director
ATTEST:
Lorrie Brewer
City Clerk
Administrative Services
CITY OF PALO ALTO
City Manager
James Keene
CITY OF PALO ALTO
Police Chief
Dennis Burns
APPROVED AS TO FORM
In
Assistant City Attorney
City of Palo Alto
Daniel H. Rich
City Manager
City of Mountain View
500 Castro Street
Mountain View, CA 94041
Telephone: 650- 903 -6301
Fax: 650- 962 -0384
MOUNTAIN VIEW"
PALO ALTO"
1: \49em \STADIUM AUTHORITY \Caw Enforcetnent Security Agreements \CITY SANTA CLARA INDEMNITY AGREEMENT FINAL.doc
Page 9 of 9
AGREEMENT FOR INDEMNITY
AGREEMENT FOR INDEMNITY AND INSURANCE
EXHIBIT "A"
INSURANCE REQUIREMENTS
Santa Clara and Authority, and subcontractor(s), if any, shall purchase and maintain the
insurance policies set forth below on all of its operations under 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 under 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 0001) with policy limits not less than the following:
2,000,000 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 I "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 10
AGREEMENT FOR INDEMNITY
million ($1,000,000) dollars each accident/Bodily Injury (herein "BI ");
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.
Page 11 of 11
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.
Page 12 of 12
AGREEMENT FOR INDEMNITY
City of Campbell
M.
MARK LINDER
City Manager
70 N. First Street
Campbell, California 95008
Telephone: (408) 866 -2125
Fax: (408) 374-6889
APPROVED AS TO FORM:
LINDA A. CALLON
City Attorney
ATTEST:
SHAWNA FREELS
City Clerk
Town of Los Gatos
Greg Larson, Town Manager
Approved as to Form:
Robert Schultz, Town Attorney
Approved as to Form:
CAMPBELL"
GILROY"
LOS GATOS"
C
WILLIAM R. SELIGMANN
City Attorney
THOMAS J. HAGLUND
City Administrator
7351 Rosanna Street
Gilroy, California 95020
Telephone: (408) 846 -0202
Fax: (408) 846-0500
Page 7 of7
AGREEMENT FOR INDEMNITY
THIS PACE
INTENTIONALLY
LEFT BLANK
CLERK DEPARTMENT
AC,R j_0,_ CL
AGREEMENT by and between the
SANTA CLARA STADIUM AUTHORITY, CITY OF SANT*JGL R A,-and----
the CITIES OF CAMPBELL, GILROY, MILPITAS, MORGAN HILL,
MOUNTAIN VIEW and PALO ALTO, and the TOWN OF LOS GATOS
FOR INDEMNITY
PREAMBLE
This agreement for indemnity ( "Agreement ") is made and entered into on this t--% tk
day of , 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 95008 (`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 Hi11,
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 Stadium ( "Stadium ") site
and surrounding areas during the term 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 ffiocers will be Reserve Police
Officers of the City of Santa Clara in accordance with the Santa Clara Police
Department Operations Manual, General Order 163 or any other applicable order.
Page 1 of 12
AGREEMENT FOR INDEMNITY
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 Clara'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 13
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 may 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 L
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 persomrel 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 termination, 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 Stadium 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: (408)
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.
7. 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 byfacsimile, shall be sufficient to bind the Parties.
Signatures follow on next pages.]
Page 5 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. NOSKY, J RU
ty Attorney
ATTEST:
ROb DIRIDON, JR.
City Clerk
JUL 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:
I HARD E. NOSKY; JR. .TRIO J. F ENTES
thorny Counsel Executive Director
1500 Warburton Avenue
ATTEST_
222-1-
Santa Clara, CA 95050
Telephone: (408) 615 -2210
Fax: (408) 241 -6771
ROD DIRIDON, JR,
Secretary
AUTHORITY"
Page 6 of 12
AGREEMENT FOR INDEMNITY
City of Campbell
Imo'
Bv:
MA DE ,r
City Manager
70 N. First Street
Campbell, California 95008
Telephone: (408) 866 -2125
Fax: (408) 374 -6889
APPROVED AS TO FORM:
LINDA A. CALLON
City Attorney
ATTEST:
Approved as to Form:
WI A '
City Atto hey
SHA A FREEL / -1 i FL i'C ` - 72t
Citv C erk L c=L'v C rc C L r21C
GILROY"
Town of Los Gatos
Greg La son, Town Manager
Approved as to Form:
Town' orney
its: -:TZ ` "LOS GATOS"
City Administrator
7351 Rosanna Street
Gilroy, California 95020
Telephone: (408) 846 -0202
Fax: (408) 846-0500
AGREEMENT FOR INDEMNITY
Page 7 of 12
APPROVED AS TO FORM:
MICA OGAZ
City Att ey
to Form:
City Attorney
Z. I LA4113
455 E. Calaveras Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -3050
Fax: (408) 586 -305
STEVE PANGEMNAl1
Chief of Police
1275 North Milpitas Blvd.
Milpitas, CA 95035
Telephone: (408) 586 -2426
Fax: (408) 586 -2492
MILPITAS"
CITY OF
general law
By:
5 E
Its: City Me
MORGAN HILL"
0
HILL a California
AGREEMENT FOR INDEMNITY
Page 8 of 12
AS TO FORM:
e L. Quinn
Attorney
FINA IAL APPROVAL:
Pattv J. Ko
Finance and Adtiai istrative Services
Director
A
Lorne
PALO ALTO
CITY F PALO ALTO
P lice Chief
Dennis Burns
APPROVED AS TO FORM
Bv:
Assist9h, rtv Attorney
City . Palo Alto
Dai H. Rich,
City Manager
City of Mountain View
500 Castro Street
Mountain View, CA 94041
Telephone: 650- 903 -6301
Fax: 650 - 962 -0384
MOUNTAIN VIEW"
PALO ALTO"
1:A49ers \STADIUM AUTFIORITYVLaw Enforcement Security AgreennentsVCITY 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 subcontractor(s), if any, shall purchase and maintain the
insurance policies set forth below on all of its operations under 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 under 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 0001) with policy limits not less than the following:
2,000,000 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 "BI ");
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.
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.
3. ENDORSEMENTS.
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 htsureds 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.
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.
Page 12 of 12
AGREEMENT FOR INDEMNITY
Q
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March 14, 2014
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Town Manager
Town of Los Gatos
110 E. Main Street
i Los Gatos, CA 95030
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Santa Clara
All - America City
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Richard E Noalcy, Jr"
Gry Ati umey
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,
p
Robin Kettner
Legal Office Specialist III
Enclosure
I: \49ers \Stadium Authority \Law Enforcement Security Agreements \Los Gatos - Indemnity Agreement.doe
QLV of Sa N;a Cia'i L
II S00 Warburton Avenue
Clara CA 95050
A) 15 ' n
FAX (4 108) 11a.1 G
MEETING DATE: 12/16/13
ITEM NO: p
COUNCIL AGENDA REPORT
DATE: December 5, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
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
RECOMMENDATION:
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.
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 44ers. 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 games 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 his/her 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' 2JudithPropp, Town Atto
Reviewed by: Assistant Town Manager Town Attorney
tg'9 -Bs
AGREEMENT / AMENDMENT ROUTING COVER SHEET
S e i
Initiating Department:
Agreement Title: Clara Stadium
Term of Agreement: From Upon Execution
Date Approved By
Council:
Vendor Name:
Vendor Email:
Vendor Contact:
Rob Schultz
To June 16, 2016
Item or Resolution #:
Vendor Phone:
Business License #: Expiration Date:
Insurance (IW #: 1) q Expiration Date:
Insurance waiver requested (a completed Release of Liability is attached)
Please Select One: c/
This is a standard agreement form that has not been altered.
Alterations have been made to the following paragraph(s) /section(s):
Vendor #:
Amount of Agreement: $ Program and Account #:
i
Routing Action(s) Date Completed Signature
1. Assign Agreement #
1. Clerk Administrator (y, CAC7
1. Confirm Funds Budgeted
2. Finance
2. Check Insurance
I 23. Verify Purchasing Policy
Compliance
1. Approve Insurance Waiver
3. Town Attorne y I2. Sign Agreement 3 L
4. Town Manager
V ,
1. Sign Agreement
1. Scan and file agreement
5. Clerk Administrator 2. NotifyDeparonent(Department /r7
sends agreementagreement to vendor) I
I
Agreement Narrative:
If your agreement has gone before the Town Council for approval, please reference that fact and include a very
brief description of the purpose of the agreement. If your agreement has not gone to the Town Council for
approval, included a discussion of the purpose of the agreement, how the Town's purchasing procedures were
followed, and any special instructions.
s Agreement was approved by the Town Council on 12 116 1Yd. It is an agreement with Santa
ra Stadium Authority and City of Santa Clara that sets forth terms and conditions under which
vn Police Officers may be authorized to work as Reserve Officers for the City of Santa Clara at
new Levi Stadium.
Please insert
Your narrativ
here:
Attachments:
1pAgreement Signed by Vendor. Identify number of duplicate originals: 8
r7 Exhibits to Agreement (Please list)
FETCopy of insurance certificates or Release of Liability
Originals of Bonds issued for contract
First page of Town Council Report
CLERK DEPARTMENT
AMENDMENT NO. I
to the AGREEMENT by and between the ORD
SANTA CLARA STADIUM AUTHORITY, CITY OF SANTA CLARA, ANd
the CITIES OF CAMPBELL, GTLROY, LOS ALTOS, MILPITAS, MORGAN HILL,
MOUNTAIN VIEW and PALO ALTO, and the TOWN OF LOS GATOS
FOR INDEMNITY
PREAMBLE
This agreement ("Amendment No. l") is 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 95008 ("Campbell"), the City of Gilroy, a chartered municipal corporation, located at
7351 Rosanna St., Gilroy, California 95020 ("Gilroy"), the City of Los Altos, a municipal
corporation, located at I N. San Antonio Road, Los Altos, California 94022 ("Los Altos"), 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 I l0 E. Main St., Los Gatos, California 95030 ("Los Gatos") (Campbell, Gilroy, Los Altos,
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 Amendment No. 1."
RECITALS
A. The Parties previously entered into an agreement entitled "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", dated December 17 ,2013 and an agreement entitled "AGREEMENT by
and between the SANTA CLARA STADIUM AUTHORITY, CITY OF SANTA
CLARA, and the CITY OF LOS ALTOS FOR INDEMNITY", dated January 7,2014
(the "Original Agreement"); and
B. The Parties entered into the Original Agreement for the purpose of clarifying
responsibilities by the Parties regarding per diem reserve officers ("double badged
officers") for events taking place at Levi's Stadium and surrounding areas, and the Parties
now wish to amend the Original Agreement to extend the term of that Original
Agreement.
The Parties agree as follows:
Amendment No. I to Agreement for Indemnity
Rev. 02101/l 5; Typed: 04120116
Page I of5
ecn lk.lt2-
,
AGRDEMIINT PITOWSIONS
AMtrNDMIJNT PROVISIONS
'rhat section 4 of flre original Agreement, entitied o,Term of Agneenrent,,is her.ebyamended to rcad as fbllows: - i
"The' te,in of this Agleement shall commonce upon execution by the parties ancl shail
;:ffi1::-J:[,.],1.,?r,e,
unles's termiratcd ,oo,i*, or.r*ara in whei]e or i, parr as
AII other tet'ms of the originai Agreement which are not in conflict with the provisions olthis Anrendment No. t stritt ,*n i* on"tung*Jil;ifo*e and e{fect. In case 'f aco,flict in the temN of the original agreenrtt
""aiir;r Anrenchnent No. l, thepr.ovisions of this Amendment No, 1 shall control.
3. COUNTERPAR'VFACSIMILE SIGNATUR]I
rhis Agreemettt uray be executed in counterpafis, each of which shall be deerned to be anoriginal' but both of which shall constitute one,nairr" same inshument; and, the partiesagree {hat siqriat.ur-es on this Agreetoent, includinf tliose tmnsnrittecl by facsimile, shall besufficient to bind the parties.
l'he Parties acknowleclge anci accept the terms ancl conditions of tiris Ame,clment No. I ascvidenced b)'the tbllowing signatures of their auty auttiorizea r.epr.esentatives. The EffectiveDate is the date that the final signatory execntes tt
" agr..m";t. It is the intent of the parties {hatthis Arne'drnentNo. 1 srrail beiome operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartercd California rnunicipal corporation
APPROV']D AS 1'O I;ORM:
z. TER&ts
RD E. NOSI(Y, JR.
Attorney
A1"TTS'T:
ROD D IDON, JR.
City Cler'h
* 3.9- 7a r
r RAJEEV BATRA
Acting City Manager
1500'Warbu$on Arrenue
Santa Clarz, CA 95050
Teleplrone: (408) 6t 5-2210Fax: gAS) Z4t_6771
Arnendntent No. i to Agreement for Indcrnniiv
Rev. A2/01/1.5; Tyyrcd: 0.4/20/t6
"cI'l'y,,
Page 2 of5
1.
E.OSK}" JII.
of ity couffel
ATTEST
l{oD
Secrctarl,
City oI
Mr\[tK
City Manager
70 N. First Street
C)ampbell, California 95 00g
Telephone: t40S) 866 -2125
Fax: (408) 374-6e59
APPROVED AS'rO FORtr4:
$AN'I A CLARA STADTUM ,A.UTHORITY
a Joint powers Authority
lJ)FU RAJEEV BATRA
Acting Executive Director
1500 Warbtuton Avenue
Santa Clara, CA 95050
APPROVED AS TO FOR]\4:
Telephone;
Fax:
(408) 615-22tA
(408) 241-677r
*AUTI-IORITY"
..CAMPBEI-L"
Approved as to Forn::
W
Attomey
ANDREW L. FA}3ER EI)TEWESCity Attor:ney
A |TEST;
Intelim Cit5, rl6lrri,ristrator
73-51 Rosaru:a Street
Giiroy, California g 5AZA
Telephone: (40S) 846-0202
Fax: (408) 846-0500
SFIA ,*I{A FREHLS
City CIerlr
Arnenclrnenr No, I to Agrecrnent fbr lncleurnitv
Itev. (t2lA1 / I 5; 1 yped: A4iZ0/16
.lCII,ROY"
Page3 of5
Town of Los Gatos
By:
Prevetti, Town Manager
Approved as to Form:
Robert Attorney
APPROVED AS TO FORM
CHRISTOPHER J. DIAZ
City Attorney
Approved as to Form:
GARY M. BAUM
Interim City Attorney
Amendment No. I to Agreement for Indemnity
Rev. 0210 l/l 5; Typed: 041201 16
THOMAS C. WILLIAMS
City Manager
455E. Calaveras Blvd.
Milpitas, CA 95035
Telephone: (408) 586-3050
Fax: (408) 586-3056
STEVE PANGELTNAN
Chief of Police
1275 North Milpitas Blvd.
Milpitas, CA 95035
Telephone: (408) 586-2426
Fax: (408) 586-2492
CITY OF MORGAN HILL a California
general law municipal corporation
By:
STEVE RYMER
Its: City Manager
..LOS GATOS''
..MILPITAS"
..MORGAN HILL''
Page 4 of5
ww
APPROVED AS TO FORM
Jannie L. Quinn
City Attorney
FINANCIAL APPROVAL:
Patty J. Kong
Finance and Administrative Services
Director
ATTEST:
Daniel H. Rich
City Manager
City of Mountain View
500 Castro Street
Mountain View, CA9404l
Telephone: 650-903-630 I
Fax: 650-962-0384
CITY OF PALO ALTO
Police Chief
Dennis Bums
Lorrie Brewer
City Clerk
CITY OF PALO ALTO
City Manager
James Keene
APPROVED AS TO FORM
By:
Assistant City Attorney
City of Palo Alto
City of Los Altos
..MOUNTAIN VIEW"
..PALO ALTO"
Approved as to Form:
B By:
MARCIA SOMERS
City Manager
I N. San Antonio Rd.
Los Altos, CA94022
Telephone: (650) 947 -27 00
Fax: (650) 947-2731
JOLIE HOUSTON
City Attorney
"LOS ALTOS"
I:\49ers\Stadiurn Authority\[aw Enforcement Security Agreements\Double badge anrend I Campbell etc.doc
Amendment No. I to Agreement for Indemnity
Rev. 02101/1 5; Typed: 04120116
Page 5 of5