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
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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.
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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.
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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,
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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.
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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.
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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.]
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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"
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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
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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
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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.