Loading...
CC Resolution 11834RESOLUTION NO. llss4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CAMPBELL POLICE DEPARTMENT TO PROVIDE SUPPLEMENTAL LAW ENFORCEMENT SERVICES TO THE SANTA CLARA STADIUM AUTHORITY AND THE CITY OF SANTA CLARA WHEREAS, Super Bowl 50 is scheduled to be held at Levi's Stadium in the City of Santa Clara on February 7, 2016; and, WHEREAS, the Santa Clara Stadium Authority and the City of Santa Clara want to contract with the City of Campbell for supplemental law enforcement services related to Super Bowl 50; and, WHEREAS, the City of Campbell is agreeable to rendering such additional, supplemental services pursuant to the terms and conditions set forth in the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell authorizes the City Manager to execute an agreement with the Santa Clara Stadium Authority and the City of Santa Clara for the performance of supplemental law enforcement services related to Super Bowl 50. PASSED AND ADOPTED this 16th day of June, 2015 by the following roll call vote: AYES: Councilmembers: (;ibfi~ns, Resnikoff, Kotowski, Baker, Cristina NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Wendy od, Acting City Clerk APPROVED: LAW ENFORCEMENT SERVICES AGREEMENT by and between the SANTA CLARA STADIUM AUTHORITY, THE CITY OF SANTA CLARA, and THE CITY OF CAMPBELL PREAMBLE This agreement for the performance of municipal law enforcement services ("Agreement") is made and entered into on this day of , 2015, ("Effective Date") by and between the City of Campbell ("Agency"), the Santa Clara Stadium Authority, a Joint Powers Authority, with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 (`'Authority"), and the City of Santa Clara, a chartered municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). Authority, City and Agency may be referred to individually as a "Party" or collectively as the "Parties" to this Agreement." RECITALS A. Authority and City are desirous of contracting with Agency for the performance of certain additional, supplemental law enforcement functions described herein specifically for Super Bowl 50, scheduled to be held at Stadium on February 7, 2016. B. Agency is agreeable to rendering such additional, supplemental law enforcement services pursuant to the terms and conditions set forth in this Agreement. C. Pursuant to the authority set forth in Government Code sections 54981 and 55632, Authority and City seek additional supplemental law enforcement services, and Agency agrees to provide additional supplemental law enforcement services, in connection with Super Bowl 50 at and around the Stadium site. The Parties agree as follows: AGREEMENT PROVISIONS 1. SERVICES TO BE PROVIDED. A. Agency agrees, as available, to provide supplemental special detail law enforcement services for Super Bowl 50 events taking place at the Stadium site and surrounding areas, as those areas are determined by the National Football League and/or City and/or Authority, during the term of this Agreement. The classification and approximate numbers of personnel provided by Agency will be determined and mutually agreed upon, in writing, between Agency, Authority and the Santa Clara Chief of Police prior to each Super Bowl 50 event. The Parties shall establish and agree to the number of hours necessary for Agency employees to perform the requested services. City herein provides consent, pursuant to Penal Law Enforcement Services Agreement/[agencies] Page I of 10 Rev. I -23- 15 Code section 830.1(a)(2), for any Agency peace officer providing services hereunder to exercise full peace officer authority within the City'sjurisdiction. B. Except as otherwise specifically set forth, such services shall encompass only those duties and functions of the type coming within the jurisdiction of, and customarily rendered by, Agency under its Charter and/or municipal codes, and the statutes of the State of California, and under the Charter and municipal codes of the City. C. For special detail officers, the request for Super Bowl 50 services shall be a v<~ritten request from the Santa Clara Police Chief or his/her designee. "fhe request shall contain specific dates of service, hours of operation, number of personnel requested, and classification of personnel requested. For the purpose of performing said services and if Agency is able to provide such services, Agency shall furnish and supply, as available, all necessary labor, supervision, personnel, helicopters, tactical vehicles, equipment, fuel, and supplies necessary to provide the services to be rendered hereunder. The Authority and/or City acknowledges that additional equipment charges for special equipment such as helicopters, tactical vehicles, equipment, fuel, and supplies may be appropriate depending upon the services requested, and may be charged by Agency and paid for by Authority in accordance with Section 4 below as above and beyond the authorized pay rate for personnel. Notwithstanding the foregoing, the Authority and/or City may provide additional resources for Agency to utilize in performance of the services. The request shall be signed by a representative of the Authority and/or City who is duly authorized to enter into such agreements for supplemental law enforcement services. The request shall be submitted via email to the Agency specified contact. D. The City hereby grants to Agency and its personnel responding to requests for services herein the right to transmit and broadcast communications to the Santa Clara Police Department's units via the Santa Clara Police Department's designated dispatch frequency and/or any other law enforcement frequency for which the City is licensed by the FCC. E. Mutual aid agreements pursuant to the California Emergency Plan (Government Code §§ 850 et seq.) and the Master Mutual Aid Agreement: If any mutual aid agreement(s) currently in place are triggered during any performance of services under this Agreement, the mutual aid agreement(s)shall govern all necessary personnel and/or tactics. 2. ADMINISTRATION OF PERSONNEL. A. In the event of a dispute between the Parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both Agency and the City in consultation with the City of Santa Clara's Chief of Police. Law Enforcement Services AgreemenU[agencies] Page 2 of 10 Rev. I -23- 15 B. The rendition of the services performed by Agency, the discipline of its officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with Agency. C. With regard to sections A. and B., if there remains a disagreement as to the minimum level of services for a particular event, the Parties agree that the Santa Clara Chief of Police shall have final and conclusive determination of levels of service provided by Agency's officers. D. All Authority and/or City employees who work in conjunction with Agency pursuant to this Agreement shall remain Authority and/or City employees, are not Agency employees, and have no claim or right to any Agency employment benefits or policies. Similarly, all Agency employees who work in conjunction with Authority and/or City pursuant to this Agreement shall remain Agency employees, are not Authority or City employees, and have no claim or right to any Authority or City employment benefits or policies. E. Neither Authority or City shall be called upon to assume any liability for the direct payment of any Agency salaries, wages, or other compensation to any Agency personnel performing services hereunder for said Authority and/or City. Except as herein otherwise specified, neither Authority or City shall be liable for compensation or indemnity to any Agency employee or agent for injury or sickness arising out of his/her status as a contract agent of the Authority and/or City. 3. COMPENSATION AND PAYMENT. A. For and in consideration of Agency providing supplementary law enforcement services for the Authority and/or City under this Agreement, the Authority agrees to pay Agency for said services at the hourly rates as indicated in Exhibit A. B. 1"he rates in Exhibit A are developed by the Agency. These rates are designed to reimburse Agency's costs in the compensation of employees, the administration of workers' compensation benefits, and the Agency's overhead attributable to providing the services identified in this Agreement. C. For supplemental law enforcement services, equipment, supplies or personnel provided by Agency pursuant to this Agreement that are not listed on Exhibit A, Authority agrees to pay Agency for such services, equipment, supplies or personnel on acost-recovery basis. 4. PAYMENT PROCEDURES. A. Agency shall submit a summarized invoice which covers all services performed during the term of this Agreement, to the Authority and the Authority shall pay Agency for all undisputed amounts within thirty (30) days after date of said invoice. Law Enforcement Services Agreemen[/[agencies] Pale 3 of 10 Rev. I -23-15 B. For all disputed amounts, Authority shall provide Agency with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) days after receipt of the invoice. The Parties shall memorialize the resolution of the dispute in writing. 5. CANCELLATION OF PERSONNEL. A. The Authority shall not be charged for cancellations made more than 24 hours prior to the scheduled evendassignment. B. The Authority agrees that if cancellation is made within 24 hours prior to the scheduled event/assignment and the assigned Agency officer cannot be notified of such cancellation, Authority shall reimburse Agency a minimum of four (4) hours of compensation for each assigned officer pursuant to the rates identified herein. C. Agency agrees to make all reasonable efforts to notify its assigned officer(s) of the cancellation. 6. TERM OF AGREEMENT. A. This Agreement shall be effective as of the date indicated on the first page so that the Parties can undertake planning for all Super Bowl 50 related events. The law enforcement services provided by Agency shall begin on January 1, 2016 and shall terminate March 1, 2016, unless terminated sooner or extended in whole or in part as provided For herein. This Agreement shall terminate on June 30, 2016. 7. TERMINATION. A. Either Party may terminate this Agreement with or without cause by giving not less than sixty (60) days advance written notice to the other Party. B. Notwithstanding the foregoing, Agency may terminate the Agreement on only 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 required by law. 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. 8. FAIR EMPLOYMENT. While in [he performance of services under this Agreement, Agency and its employees and agents shall not discriminate against any other employee or agent because of race, Law Enforcement Services Agreement/[agencies] Pale 4 of 10 Rev. I -23- 15 color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law. 9. HOLD HARMLESS/INDEMNIFICATION. A. For purposes of indemnification, each Party shall be responsible for the acts of its participating employee and shall incur any liabilities arising out of the service and activities of those employees. B. Any Agency employee who performs duties under this Agreement shall be deemed to be continuing under the general employment of his or her respective jurisdiction and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon such employee by law in his or her own jurisdiction. Pursuant to Insurance Code Section 11663, the general employer shall be responsible for the entire cost of any worker's compensation payable on account of injury occurring in the course of and arising out of general and special employments. C. Pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, employees, and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees or agents, under or in connection with any work performed or authority delegated to such party under this Agreement. No Party, nor any officer, employee or agent thereof; shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto. their officers, employees or agents, under or in connection with any work performed or authority delegated to such other parties under this Agreement. 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING. A Party shall not assign its rights and/or subcontract, or otherwise de]egate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other Party, and any attempted assignment or delegation without such consent shall be null and void. 1 L INTEGRATED DOCUMENT. This Agreement represents the entire agreement between Authority, City and Agency. No other understanding, agreements, or conversations with any representative of either Party prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon either Party. Law Enforcement Services Agreement/[agencies] Page 5 of 10 Rev. I -23- 15 12. SEVERABILITY AND WAIVER. In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect. Agency agrees that waiver by Authority and/or City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. 13. NOTICES. All notices to the Parties shall, unless otherwise requested in writing, be sent to Authority addressed as follows: Santa Clara Stadium Authority Attention: Executive Director 1500 Warburton Ave. Santa Clara, CA 95050 or by facsimile at (408) 241-6771 And to City as follows: City of Santa Clara Attn: Chief of Police 601 EI Camino Real Santa Clara, CA 95050 or by facsimile at (408) 248-0276 And to Agency addressed as follows: City of Campbell Attn: Chief of Police 70 N. First Street Campbell, CA 95008 or by facsimile at (408) 379-7561 If notice is sent via facsimile, a signed, hard copy of the material shall also be mailed. The workday the facsimile was 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. 14. 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. Law Enforcement Services Agreement/[agencies] Page 6 of 10 Rev. 1-23-15 I5. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which 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 on next pages.] Law Enforcement Services AgreemenU[a~encies] Pale 7 of 10 Rev. 1-23- 15 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: RICHARD E. NOSKY, JR. City Attorney ATTEST: ROD DIR[DON, JR. City Clerk "CITY" JULIO J. FUENTES City Manager 1500 Warburton Avenue Santa Clara, CA 95050 Telephone: (408) 615-2210 Fax: (408)241-6771 SANTA CLARA STADIUM AUTHORITY a Joint Powers Authority APPROVED AS TO FORM: RICHARD E. NOSKY, JR. Authority Counsel ATTEST: ROD DIRIDON, JR. Secretary JULIO J. FUENTES Executive Director 1500 Warburton Avenue Santa Clara, CA 95050 Telephone: (408) 615-2210 Fax: (408)241-6771 "AUTHORITY" Law Enforcement Services Agreemend[agencies] Page 8 of 10 Rev. I -23- 15 CITY OF CAMPBELL a general law California municipal corporation APPROVED AS TO FORM: William R. Seligmann City Attorney A"I'TES'I Wendy Wood Clerk "AGENCY" Mark Linder City Manager 70 N. First Street Campbell, CA 95008 Telephone: (408) 866-2125 Fax: (408)374-6889 I:\49ers\Stadium Authority\Lm+' Bnforeement Security Agreements\Supcr Bowl Law' l:nforccment Services Agreement Final.doc Law Enforcement Services Agreement/[agencies] Page 9 of 10 Rev. I -23- 15 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT by and between the SANTA CLARA STADIUM AUTHORITY, THE CITY OF SANTA CLARA, and THE CITY OF CAMPBELL EXHIBIT A "Che rates listed below are effective as of Law Enforcement Services Agreement/[agencies] Page 10 of 10 Rev. I -23- 15 Exhibit A City of Campbell Reimburseable Pay Rates Report Date 05/14/2015 Annual Rates Annual Hours Hourly Rate Overtime Rate @ 1.5 of re ular rate Worker's Comp @ .062215 Billable OT Rate Position Title 119,531 2080 57.47 86.21 5.71 91.91 111,299 2080 53.51 80.27 5.31 85.58 Police Agent 132,939 2080 63.91 95.87 6.35 102.21 Police Officer Police Sergeant These pay rates will be effective 06/22/2015 There maybe another rate increase January 1, 2016 Notes Worker's Compensation rates change by July 1 of every year.