The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: 10 /2--7 / ~ /
~~
CITY OF SANTA CLARA
~ DEANNAJ. SANTANA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WILSON, IHRIG & ASSOCIATES
a California corporation
Dated: '\15 Octo~eQ021~
By (Signature): ~ ~
Name: erekCWat
Title: Principal
Principal Place of 5900 Hollis Street, Suite T1
Business Address: Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510) 652-4441
"CONTRACTOR"
l:\PLANNING\Admin\Contracts\Wilson lhrig\Noise Monitoring Services - Levi's Stadium\Amendment No. 4 - SoSC WIA .doc
Amendment No. 4 to Agreement/Wilson , Ihrig & Associates Rev . 07/2018
Addendum to Fee Schedule
July 20, 2021
Noise Monitoring Services for Levi's Stadium
Equipment Rental and Routing Maintenance: $3,700/month
Hourly Rates:
Used for time-and-materials consulting for no-routine maintenance.
Senior Principal
Principal
Associate Principal
Senior Consultant
Associate
Assistant
Lab Technician
Project Assistant
CAD Operator
$315/hour
$265/hour
$220/hour
$185/hour
$160/hour
$130/hour
$100/hour
$75/hour
$65/hour
The maximum compensation under this contract is $299,840, subject to annual budget appropriations in the Stadium Authority Budget (Fiscal years run from April 1 to March 31).
Ebix Insurance No. S00003637
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
W ILSON, IHRIG &ASSOCIATES
PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services", dated February 14, 2017 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No. 1, dated December 8, 2017, and Amendment No. 2, dated August 28, 2019, and is again amended by this Amendment No. 3. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor provide noise monitoring services at Levi's Stadium, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the Agreement.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. The termination date defined in Section 2 of the Original Agreement as Amended, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of September 30, 2021.
2. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
3. 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.
Amendment No. 3 to Agreement/ Wilson, Ihrig &Associates Page 1 Rev. 02/01 /15
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:1 l~ + ~~'~
G~~~
BRIAN DOYL ~~ DEANN SANTANA
City Attorney City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
WILSON, IHRIG &ASSOCIATES
a California corporation
Dated: 11 /5/2020
By (Signature): ~~
Name: Derek L. Watry
Title: Principal
Principal Place of 6001 Shellmound Street, Suite 400
Business Address: Emeryville, CA 94608
Email Address: ~ca~a ~c~~a [email protected]
Telephone: (510) 658-6719
Fax: (5101652-4441
"CONTRACTOR"
I:\PLANNINGWdmin\Contracts\Wilson Ihrig\Noise Monitoring Services -Levi's StadiumWmendment No. 3 - SoSC W IA 9 10 2020.doc
Amendment No. 3 to Agreement/Wilson, Ihrig &Associates Page 2 Rev. 07/2018
Ebix Insurance No. S00003637
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
WILSON, IHRIG & ASSOCIATES
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wilson, Ihrig & Associates, a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A The Parties previously entered into an agreement entitled "Agreement for Professional Services", dated February 14, 2017 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No. 1, dated December 8, 2017, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement for the purpose of having Contractor provide noise monitoring services at Levi's Stadium, and the Parties now wish to amend the Original Agreement to extend the timeframe and update the fee schedule to continue to monitor sound at the stadium.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TERMS AND CONDITIONS
That the termination date defined in Section 2 of the Original Agreement, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of August 31, 2020
That Exhibit A, entitled "Scope of Services," is hereby appended to include. the proposal from Wilson, Ihrig & Associates, entitled "Proposal for Continued Noise Monitoring System & Services for Levi's Stadium," dated August 14, 2018.
That Exhibit B, entitled "Fee Schedule," is hereby replaced in its entirety with the attached revised Fee Schedule.
Amendment No. 2to Agreement/ Wilson, Ihrig & Associates Rev. 02/01/15
2. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
3. 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.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
~RIA DOYLE
\' City Attorney
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WILSON, IHRIG & ASSOCIATES
a California corporation
Dated: --==--"----l---l--"'--;,-9F-----';;'L----11----l''---,f------- B y (Signature): --'=--~--'--"'-1-,1!.+-,--"'-~~"-.:....!:c____,_ _____ _ Name: -----~------+---------
Ti tie: Principal (/
Principal Place of 6001 Shellmound Street, Suite 400
Business Address: Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510)652-4441
"CONTRACTOR"
l:\PLANNING\Admin\Contracts\Wilson lhrig\Noise Monitoring Services -Levi's Stadium\Amendment No. 2 -Form.doc Amendment No. 2 to Agreement/Wilson, Ihrig & Associates Rev. 07/2018
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
14 August 2018
Mr. Juan Padilla
City of Santa Clara, Planning and Inspection
1500 Warburton Avenue
Santa Clara, CA 95050
Subject: Proposal for Continued Noise Monitoring System & Services for Levi's Stadium Dear Mr. Padilla,
CALIFORNIA
WASHINGTON
NEWYORK
Wilson Ihrig is pleased to present this proposal to provide ongoing noise monitoring systems and services to the City of Santa Clara to help document noises in the neighborhoods near Levi's Stadium.
Under our current contract, Wilson Ihrig procured and installed four monitoring stations from Seti Media. Those systems have been operational since July 10, 2017, and the data they collect is available to the public via a link to Seti-Media's website on the City of Santa Clara's website. The Seti-Media website was tailored to this particular application in terms of the time intervals for which data are presented and a custom-made "jet filter" which can -at the user's options -remove jet airplane noise from the data graphs.
Our original contract provided for monitoring service through August 2018. This proposal provides for an additional two years of monitoring, through August 2020. 1 PROPOSED ONGOING SYSTEM AND SERVICES
The following scope of work is based on our experience with this project to date. Pricing is included for maintaining two, three, or four of the noise stations.
This proposal also includes budget allocation for Wilson Ihrig to advise the City on noise issues that arise near the -stadium. This work would be billed on a time and materials basis, so the budget would only be expended if a need arises.
1.1 NOISE MONITORING SYSTEM RENT AND MAINTENANCE
Wilson Ihrig will provide single-point responsibility for maintaining and reviewing all noise monitors for proper working order. The monitoring stations will also be automatically self-checked regularly for proper functioning.
600 I SHELLMOUND STREET, SUITE 400 I EMERYVILLE, CA 94608 (SI 0) 658-67 19 I WWW.WILSONIHRIG.COM
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
1.2 NOISE CONSULTATION
Levi's Stadium Noise Monitoring
Proposal for 2018-2020 Monitoring
Wilson Ihrig has extensive experience dealing with noise and related issues from all manner of sources.
During the monitoring period, we would be available to consult with the City on any issues that arise.
Because the extent of the need for this is unknown at this time, a place-holder budget has been included. This work would be billed on a Time and Materials basis, as needed. 2 Proposed Budget
Below, we present the constituent costs for each of elements of this proposal, then, at the bottom, provide a summary table for the various combinations.
TASK
Noise Monitoring Station Rent and Maintenance (costs one year, per station) Noise Consultation (T&M, as needed)
COST
$11,760
$10,000
Putting the constituent components together, the proposed all-inclusive budgets for two years and the number of stations indicated are as follows:
Two (2) Stations $57,040
Three (3) Stations $80,560
Four (4) Stations $104,080
Labor would be billed on a time and material basis in accordance with the following rate table:
Title Rate
Principal $250 I hour
Associate Principal $210 I hour
Senior Consultant $175 / hour
Associate $150 / hour
Assistant $120 I hour
Technician/Field Assistant $95 I hour
ODCs (rental equip., travel, copying, telecom, etc.) Cost+ 10% 2 WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
* *
Levi's Stadium Noise Monitoring
Proposal for 2018-2020 Monitoring
*
Please do not hesitate to contact us with questions or should you require additional information.
Very truly yours,
WILSON IHRIG J -s2:.:;-L ~
Principal
3 TASK
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBIT B
REVISED FEE SCHEDULE
Noise Monitoring Station Rent and Maintenance
(costs one year, per station)
Noise Consultation
(T&M, as needed)
COST
$11,760
$10,000
Putting the constituent components together, the proposed all-inclusive budgets for two years and the number of stations indicated are as follows:
Two (2) Stations $57,040
Three (3) Stations $80,560
Four (4) Stations $104,080
Labor would be billed on a time and material basis in accordance with the following rate table:
Title Rate
Principal $250 I hour
Associate Principal $210/hour
Senior Consultant $175 I hour
Associate $150 I hour
Assistant $120 I hour
Technician/Field Assistant $95 I hour
ODCs (rental equip., travel, copying, telecom, etc.) Cost+ 10% In no event shall the amount billed to City by Contractor for services under this Agreement exceed two hundred fifty thousand dollars ($249,840), subject to budget appropriations.
Agreement with Wilson, Ihrig & Associates/Fee Schedule/Exhibit B Rev. 02/01/15
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
18-1093 Agenda Date: 8/28/2018
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 2 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium
BACKGROUND
On August 30, 2016, in response to complaints from residents about noise emanating from the San Francisco 49er’s football practices, the City Council directed staff to establish a noise monitoring system for Levi’s Stadium and training facility.
Following Council direction, the City entered into an agreement on February 7, 2017 with Wilson, Ihrig & Associates to provide noise monitoring services at Levi’s Stadium. Since that time the consultant has implemented a noise monitoring program that includes four noise monitoring stations as well as a comprehensive website (<https://seti-media.com/infopopulation/levis_stadium/> ) that
provides reporting information from the monitors as well as a portal for residents to issue noise complaints.
In December 2017, Staff processed Amendment No. 1 to this agreement which extended the contract term through the end of 2018.
DISCUSSION
The current agreement with Wilson, Ihrig & Associates is set to expire this year and will have expended all dedicated funding upon the termination date. Amending the existing agreement to extend the term and provide additional funding will allow the noise monitoring program to continue (all four current monitoring stations will be continued at this time) so that appropriate policy mediations can take place if deemed necessary from evaluation of the cumulative findings over the life of the program.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The original agreement, in the amount of $99,840, was funded by the Santa Clara Stadium Authority.
Extending the agreement for another two years would increase the total not to exceed cost by $150,000 for a total of $249,840. The current Stadium Authority budget (Other Consulting) includes the initial $50,000 needed to fund the agreement through the end of the Stadium Authority’s 2018/19 Fiscal Year. The remaining $100,000 will be included as part of the Stadium Authority’s FY City of Santa Clara Printed on 8/24/2018Page 1 of 2
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18-1093 Agenda Date: 8/28/2018
2019/2020 budget development process.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute Amendment No. 2 to the Agreement with Wilson, Ihrig & Associates subject to annual appropriations to continue conducting noise monitoring of Levi’s Stadium and the 49ers practice facility for an additional cost of $150,000 to be funded over a two- year term, resulting in a revised total cost not to exceed $249,840 over the life of the agreement.
Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Amendment No. 2 to the Professional Services Agreement with Wilson, Ihrig & Associates City of Santa Clara Printed on 8/24/2018Page 2 of 2
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Ebix Insurance No. S200003637
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
PREAMBLE
This agreement ("Amendment No. l ") is by and between Wilson, Ihrig & Associates, a California corporation, with its principal place of business located at 6001 Shellmound Street, Suite 400, Emeryville, CA 94608 ("Contractor"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Amendment No. 1."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Professional Services", dated February 14, 2017 (the "Original Agreement"); and B. The Parties entered into the Original Agreement for the purpose of having Contractor provide noise monitoring services at Levi's Stadium, and the Parties now wish to amend the Original Agreement to extend the termination date of the agreement.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. AMENDMENT PROVISIONS
That the termination date defined in Section 2 of the Original Agreement, entitled "Term of Agreement," is hereby amended to reflect a revised termination date of December 31, 2018.
2. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
3. COUNTERPART/FACSIMILE SIGNATURE
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.
Amendment No. 1 to Agreement/Wilson, Ihrig & Associates Rev. 02/01/15
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Amendment No. 1 shall become operative on the Effective Date.
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
~~=i~L ~IAN OLE
\ Interim City Attorney
Dated: l "2-} '3 / / 7
Jt--DEANNA J. SANTANA
City Manager
ATTEST:
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
WILSON, IHRIG & ASSOCIATES
a California corporation
By: \
(Sign ture of Person executin he Agreement on behalf of Contractor
Name: Derek L. Watry
Title: Principal
Local Address: 6001 Shellmound Street, Suite 400
Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510) 652-4441
"CONTRACTOR"
I:\PLANNING\Admin\Contracts\Wilson lhrig\Noise Monitoring Se1vices -Levi's Stadium\Amendment No. l -WIA SoSC.doc Amendment No. 1 to Agreement/Wilson, Ihrig & Associates Rev. 02/01/15
Page2of2
EBIX Insurance No. S200003637
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
PREAMBLE
This agreement for the performance of services ("Agreement") is by and between Wilson, Ihrig & Associates, a California corporation, with its principal place of business located at 6001 Shellmound Street, Suite 400, Emeryville, CA 94608 ("Contractor"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. SERVICES TO BE PROVIDED.
Except as specified in this Agreement, Contractor shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise ( collectively referred to as "Services") to satisfactorily complete the work required by City at his/her own risk and expense. Services to be provided to City are more fully described in Exhibit A entitled "SCOPE OF SERVICES." All of the exhibits referenced in this Agreement are attached and are incorporated by this reference.
Contractor acknowledges that the execution of this Agreement by City is predicated upon representations made by Contractor in that certain document entitled "Proposal for Noise Monitoring System & Services for Levi's Stadium Revision l" dated October 20, 2016, ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement.
2. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on December 31, 2017.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
3. CONTRACTOR'S SERVICES TO BE APPROVED BY A LICENSED
PROFESSIONAL.
A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by a qualified licensed professional in the State of California.
B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the professional responsible for their preparation.
4. QUALIFICATIONS OF CONTRACTOR-STANDARD OF WORKMANSHIP.
Contractor represents and maintains that it has the necessary expertise in the professional calling necessary to perform services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations, reports and other documents furnished under Exhibit A shall be of a quality acceptable to City. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.
5. MONITORING OF SERVICES.
City may monitor the Services performed under this Agreement to determine whether Contractor's operation conforms to City policy and to the terms of this Agreement. City may also monitor the Services to be performed to determine whether financial operations are conducted in accord with applicable City, county, state, and federal requirements. If any action of Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein.
6. WARRANTY.
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based.
Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
7. PERFORMANCE OF SERVICES.
Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.
8. BUSINESS TAX LICENSE REQUIRED.
Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who transacts or carries on any business in the City of Santa Clara pay business license tax to the City. A business tax certificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.
9. RESPONSIBILITY OF CONTRACTOR.
Contractor shall be responsible for the professional quality, technical accuracy and coordination of the Services furnished by it under this Agreement. Neither City's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor's negligent performance of any of the Services furnished under this Agreement.
Any acceptance by City of plans, specifications, construction contract documents, reports, diagrams, maps and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal, state, county, and/or municipal laws, ordinances, regulations, rules and orders.
10. COMPENSATION AND PAYMENT.
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor at the rate per hour for labor and cost per unit for materials as outlined in Exhibit B, entitled "SCHEDULE OF FEES."
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City's receipt of invoice.
11. TERMINATION OF AGREEMENT.
Either Party may terminate this Agreement without cause by giving the other Party written notice ("Notice of Termination") which clearly expresses that Party's intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, Contractor shall discontinue further services as of the effective date of Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
termination, and City shall pay Contractor for all Services satisfactorily performed up to such date.
12. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
13. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
14. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to bind City to any contracts or other obligations.
15. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shall save and hold harmless the City, its City Council, its officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of City's credit by Contractor under this Agreement.
16. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
17. USE OF CITY NAME OR EMBLEM.
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
18. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof.
City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
19. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR.
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
20. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate or defective Services at no further costs to City, when such defects are due to the negligence, errors or omissions of Contractor.
21. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.
22. HOLD HARMLESS/INDEMNIFICATION.
To the extent permitted by law, Contractor agrees to hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents ( collectively, "Indemnitees") from and against any claim, 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 therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement as mutually agreed to or awarded by a court or arbitrator.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
Without affecting the rights of Indernnitees under any provision of this Agreement, Contractor shall not be required to protect, defend, indemnify and hold harmless Indernnitees for liability attributable to the active negligence or willful misconduct of Indemnitees, provided such active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indernnitees are shown to have been actively negligent or are shown to have committed willful misconduct, and where Indernnitees' active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence or willful misconduct of Indernnitees. Contractor agrees to pay all attorney and court costs in determining said active negligence or willful misconduct of Indemnitees. The determination of any claim by Contractor that Indernnitees committed active negligence shall be deferred until after all third party claims have been adjudicated by a final judgment that is no longer subject to appeal, unless the City, in its sole discretion, shall consent to an earlier determination.
23. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.
24. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
25. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of City 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 City.
26. SEVERABILITY CLAUSE.
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.
27. WAIVER.
Contractor agrees that waiver by 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.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
28. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Planning Division
1500 Warburton Avenue
Santa Clara, California 95050
or by facsimile at (408) 247-9857
And to Contractor addressed as follows:
Name:
Address:
Wilson, Ihrig & Associates
6001 Shellmound Street, Suite 400
Emeryville, CA 94608
or by facsimile at (510) 652-4441
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.
29. CAPTIONS.
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
30. 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, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
31. DISPUTE RESOLUTION.
A Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and City regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney's fees, expert witness costs and cost of suit, through mediation only. In the event of litigation, the prevailing party shall recover its reasonable costs of suit, expert's fees and attorney's fees.
32. COMPLIANCE WITH ETHICAL STANDARDS.
Contractor shall:
A. Read Exhibit D, entitled "ETHICAL STANDARDS FOR CONTRACTORS
SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA"; and,
B. Execute Exhibit E, entitled "AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS."
33. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
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 follow on next page.
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
APPROVED AS TO FORM:
BRIAN DOYLE
Interim City Attorney
AITES(Uu,
ROD DIRIDON, JR.
City Clerk
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
c-li~ 14-17
RAJE\r BATRA
Interim City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WILSON, IHRIG & ASSOCIATES
a California corporation
Dated: 31 J~u~<~ Sf If .
By: -~---""'\.___,JtA"'---u=----l~y-!,"--!A",o<--'') a--'--~-"'----,,,__I __ _ (Signature of Person executing the Agreement on behalf of Name:
Contractor) /
Derek L. Watry V
Title: Principal
Local Address: 6001 Shellmound Street, Suite 400 ----------'-------------- Emeryville, CA 94608
Email Address: [email protected]
Telephone: (510) 658-6719
Fax: (510) 652-4441
"CONTRACTOR"
I:\PLANNING\Admin\Contracts\Wilson Ihrig\Noise Monitoring Services -Levi's Stadium\PROFESSIONAL SERVICE AGREEMENT WIA 11 29 16.doc
Agreement for Professional Services/Wilson, Ihrig & Associates Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are more fully described in the Contractor's proposal entitled, "Proposal for Noise Monitoring System & Services for Levi's Stadium Revision 1" dated October 20, 2016, which is attached to this Exhibit A. In the event of any conflicts between the terms of the main Agreement and the terms of this Exhibit A, the terms of the main Agreement shall control.
The City has elected to utilize four (4) monitoring stations for a term ofup to 12 months. It is preferred that these stations have AC power; however, in the event that AC power is not available the solar power units may be used. Written correspondence between the City and Wilson, Ihrig & Associates will provide confirmation of which power system will ultimately be utilized.
Agreement with Wilson, Ihrig & Associates/Scope of Services/Exhibit A Rev. 02/01/15
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
20 October 2016
Mr. Juan Padilla
City of Santa Clara, Planning and Inspection
1500 Warburton Avenue
Santa Clara, CA 95050
Subject: Proposal for Noise Monitoring System & Services for Levi's Stadium Revision 1
Dear Mr. Padilla,
CALIFORNIA
WASHINGTON
NEWYORK
Wilson Ihrig is pleased to present this proposal to provide noise monitoring systems and services to the City of Santa Clara to help investigate and document noises in the neighborhoods near Levi's Stadium.
This is a somewhat complex noise environment with contributions from stadium activities, the adjacent San Francisco 49er's Training Facility, and jets taking off from San Jose Mineta International Airport. To help sort these out, the system we propose to use allows for some audio recording when levels reach pre-determined trigger levels and/or at pre-programmed times. All of the data, including both the audio recordings and the decibel levels, would be stored for future access, analysis, and documentation. 1 QUALIFICATIONS
Wilson Ihrig, founded in Berkeley in 1966, has extensive experience in monitoring, measuring, analyzing, predicting, and recommending controls for noise from all manner of sources. Derek Watry, the managing Principal for this proposal, is very familiar with the area around Levi's Stadium having assisted the City previously on noise issues associated with the Gold Striker Roller Coaster at Great America and currently working on the environmental study for the Great America Theme Park Master Plan.
Wilson Ihrig is a member firm of the National Council of Acoustical Consultants (NCAC} and is active with many technical organizations in the field of acoustics, noise and vibration control. 2 PROPOSED SYSTEM AND SERVICES
The following scope of work is based on our understanding of the project as discussed with you during the week of 3 October 2016. Our initial proposal included options for either two or three monitoring stations. At your request, this proposal also includes an option for four stations.
For this project, we recommend utilizing noise monitoring stations provided by Seti-Media. These stations monitor noise (decibel) levels continuously, make audio recordings as programmed, and 600 I SHELLMOUND STREET, SUITE 400 I EMERYVILLE, CA 94608 (510) 658-67 19 WWW.WILSONIHRIG.COM
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
Levi's Stadium Noise Monitoring
Proposal for Systems and Services
transmit all data wirelessly for real-time access. If desired, the system can send text and/or email alerts when sound levels exceed a specified threshold. The Seti-Media web site enable authorized users to view the data and hear the audio recordings easily. All data would be stored on servers for at least 5 years.
Wilson Ihrig would be primarily responsible for working with the City to determine where to deploy the stations, and subsequently installing and maintaining the equipment. To facilitate the City's understanding of the large quantities of data collected by the stations, Wilson Ihrig would prepare comprehensive reports on a monthly basis.
This proposal also includes budget allocation for Wilson Ihrig to advise the City on noise issues that arise near the stadium. This work would be billed on a time and materials basis, so the budget would only be expended if a need arises.
2.1 NOISE MONITORING PLAN
Wilson Ihrig will prepare a simple Noise Monitoring Plan that will describe the monitoring systems and procedures to be used, the web site for real-time access, and the monthly summary reports. It will show where the noise monitors will be located. If the City is interested in alerts, the plan would recommend preliminary notification thresholds, and would identify who will initially get the SMS/email alerts if noise levels approach or exceed the specific trigger levels. (The list may be altered at any time during the project.)
At this time, there are several unknowns regarding the system that will ultimately be deployed:
l. How many stations? At this time two to four are being considered.
2. Will AC line power be available or will the systems require solar power and batteries?
3. How long will the stations be deployed? At this time 6 to 12 months are being considered.
These outstanding issues along with the station locations will be resolved during formulation of the Noise Monitoring Plan. The Noise Monitoring Plan would be reviewed and approved by the City prior to the deployment of the noise monitoring stations.
2.2 NOISE MONITORING SYSTEM DEPLOYMENT
Physical Installation
For outdoor locations, a secure pole will be necessary and must be available. Following is a picture of an outdoor system mounted to a pole secured to a concrete block that was placed just for this purpose.
The system shown has a solar panel attached for power, though AC line power is preferred.
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
Levi's Stadium Noise Monitoring
Proposal for Systems and Services
Each noise monitoring station will include a noise sensor, a digital noise logger, and a cellular modem for automatic remote data transmission {24/7). Additional information about the Seti-Media noise monitoring stations may be found in the appendix.
Wilson Ihrig will provide single-point responsibility for installing, maintaining, and reviewing all noise monitors regularly for proper working order. The monitoring stations will be automatically self-checked regularly for proper functioning.
Real-Time Monitoring System: Web Interface and Exceedance Notification Real-time data obtained from the noise monitor stations will be available to the City and any other authorized users via a secure project website. Real-time data will be updated after every measurement interval (e.g., 1 minute) and designated personnel will be notified by email/SMS if/when measured levels exceed specific thresholds.
The website will have an interactive map of the project site showing exactly where each noise monitoring station is located.
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
Levi's Stadium Noise Monitoring
Proposal for Systems and Services
The noise monitors will record audio samples when the level exceeds a specified limit. These samples will be streamed to the web site where they can be played back to help identify sources.
Environmental monitoring summaries will be available for all Project monitoring locations. The summary includes station details, alert trigger levels, and all exceedances observed. Users can subscribe to periodical email reports that include the monitoring summary information.
Written Noise Reports
Monthly, Wilson Ihrig would review the noise data and issue summary reports to the City. These reports would provide permanent documentation of Project noise levels and could be relied upon in the event any claims related to noise were made. In addition to providing an archival summary of the noise data, the reports would include cursory descriptions of the noise sources during the monitoring period.
2.3 NOISE CONSULTATION
Wilson Ihrig has extensive experience dealing with noise and related issues from all manner of sources.
During the monitoring period, we would be available to consult with the City on any issues that arise.
Because the extent of the need for this is unknown at this time, a place-holder budget has been included. This work would be billed on a Time and Materials basis, as needed. 3 Proposed Budget
The cost of the systems and services being proposed depend in part on the duration of the monitoring, the availability of line (AC) power, and the number of stations deployed and maintained. Many of the pricing factors are not linear with time or number of units, i.e., the unit cost declines over longer periods. Below, we present the constituent costs for each of these factors, then, at the bottom, provide a summary table for the various combinations. If the City provides us with additional direction on its needs, we could revise and simplify this proposal.
TASK
Noise Monitoring Plan
Station Mobilization & Demobilization
Two (2) stations
Three (3) stations
Four (4) stations
COST
$ 3,000
8,000
10,000
11,000
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
Levi's Stadium Noise Monitoring
Proposal for Systems and Services
Noise Monitoring Station Rent (costs for entire period, per station) 6 months, AC power
12 months, AC power
6 months, Solar power
12 months, Solar power
Monthly Reporting (per month)
2 stations
3 stations
4 stations
Shipping & Other ODCs
AC power
Solar power
Noise Consultation (T&M, as/if needed)
Putting the constituent components together in various combinations, the proposed all-inclusive budgets are as follows:
6 Months I 12 Months
AC Power Solar Power AC Power Solar Power
Two (2) Stations $43,440 $45,600 $62,400 $ 65,220
Three (3) Stations $54,110 $56,600 $80,750 $84,230
Four (4) Stations $62,580 $65,400 $ 95,700 $99,840
Work would be billed on a time and material basis in accordance with the following rate table:
Title Rate
Principal $250 I hour
Associate Principal $200 I hour
Senior Consultant $175 / hour
Associate $150 / hour
Assistant $120 I hour
Technician/Field Assistant $80 I hour
ODCs (rental equip., travel, copying, telecom, etc.) Cost+ 10% 5,700
10,500
6,000
11,500
1,400
1,800
2,000
1,500
3,000
10,000
WILSON IHRIG
ACOUSTICS, NOISE & VIBRATION
GENERAL TERMS AND CONDITIONS
DIRECT EXPENSES
Levi's Stadium Noise Monitoring
Proposal for Systems and Services
Authorized direct expenses, such as those for mileage, travel, photo developing, and long distance telephone, will be billed at cost plus 10%. Fees and expenses will be invoiced monthly unless specifically agreed otherwise.
PAYMENT
The invoice will indicate the fees and expenses expended on the assignment during the invoice period. Payment is expected within 30 days of receipt. Client agrees to pay a finance charge of one and one half percent (1-1/2%) per month, or the maximum rate allowed by law on fees 60 days past due or longer. Wilson Ihrig reserves the right to terminate all services on any accounts in arrears more than 90 days from the date of invoice. For work away from our office, staff travel time is charged at fee rate for portal to portal.
RETAINER
For new clients, it is our policy to require a retainer equal to 50-100% of the estimated fees and expenses before work commences. Thus, for this project, we require a $WAIVED retainer prior to starting work. The retainer will be applied to our final invoice or progress invoices. Please be advised that Wilson Ihrig reserves the right to assert a Mechanic's Lien, Design Professional's Lien or a Stop Notice if payments are not made according to our agreement.
DELAYS
Delays not under Wilson Ihrig control, such as access denied due to owner absence, will be charged in addition to the proposed fees on a Time & Materials basis at the schedule of fees listed above.
STANDARD OF CARE
Wilson Ihrig will strive to perform services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made.
* * *
Please do not hesitate to contact us with questions or should you require additional information.
Very truly yours,
WILSON IHRIG u)
2:::;-L ~
Principal
TASK
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBITB
FEE SCHEDULE
COST
Noise Monitoring Plan $3,000
Station Mobilization & Demobilization
Two (2) stations $ 8,000
Three (3) stations $10,000
Four (4) stations $11,000
Noise Monitoring Station Rent (costs for entire period, per station) 6 months, AC power $ 5,700
12 months, AC power $10,500
6 months, Solar power $ 6,000
12 months, Solar power $11,500
Monthly Reporting (per month)
2 stations
3 stations
4 stations
Shipping & Other ODCs
AC power
Solar power
Noise Consultation (T&M, as/if needed)
$ 1,400
$ 1,800
$2,000
$ 1,500
$3,000
$10,000
Work would be billed on a time and material basis in accordance with the following rate table:
Title
Principal
Associate Principal
Senior Consultant
Associate
Assistant
Technician/Field Assistant
Rate
$250 I hour
$200 I hour
$175 / hour
$150 I hour
$120 I hour
$80 I hour
ODCs (rental equip., travel, copying, telecom, etc.) Cost + 10% In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety-nine thousand eight-hundred forty dollars ($99,840), subject to budget appropriations.
Agreement with Wilson, Ihrig & Associates/Fee Schedule/Exhibit B Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Wilson, Ihrig & Associates/Insurance Requirements/Exhibit C Rev. 02/01/15
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Consultant and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
Agreement with Wilson, Ihrig & Associates/Insurance Requirements/Exhibit C Rev. 02/01/15
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant's msurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. Consultant agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement.
Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
Agreement with Wilson, Ihrig & Associates/Insurance Requirements/Exhibit C Rev. 02/01/15
2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subcontractor ( of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Consultant shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting oflnsurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance ( or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements.
Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara -Planning Division
P.O. Box 100085 -S2 or
Duluth, GA 30096
1 Ebix Way
John's Creek, GA 30097
Telephone number:
Fax number:
Email address:
I. QUALIFYING INSURERS
951-766-2280
770-325-0409
[email protected]
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A-VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Wilson, Ihrig & Associates/Insurance Requirements/Exhibit C Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBITD
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor1 does any of the following:
a. Is convicted of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted2 of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
For purposes of this Agreement, the word "Consultant" (whether a person or a legal entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.
For purposes of this Agreement, the words "convicted" or "conviction" mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.
As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
Agreement with Wilson, Ihrig & Associates /Ethical Standards/Exhibit D Rev. 02/01/15
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor's knowledge, approval or acquiescence, the Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also terminate this Agreement in the event any one or more of the following occurs:
1. The City determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor's failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor ( or bidder) is ruled ineligible ( debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City's action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.
Agreement with Wilson, Ihrig & Associates /Ethical Standards/Exhibit D Rev. 02/01/15
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
WILSON, IHRIG & ASSOCIATES
EXHIBITE
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
WILSON, IHRIG & ASSOCIATES
By: --~_\_a -Ca-li-forru=;;....-==-· a-C~""""rp'---""a"---ra-=---tiJ---=-'a,-----"-u---=---· --i----- Signature of Authorized Person or Repre~entative
I
Name: l'G.f~vt-L-. W!rreY ---,l,,L.,,.__,,=.,__-=-------=---=--<'---1----"-!,---- Title: (2J;_t} / J? P--1 N (!_ l ? A V -----'----;-,L------.,__'--_____ .:..._ _____ _
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
Agreement with Wilson, Ihrig & Associates/Affidavit of Compliance/Exhibit E Rev. 02/01/15
The Cenlet of What's PossibLe
AGENDA ITEM #: Ci 8
AGENDA REPORT
City of
Santa Clara
Date: February 7, 2017
To: City Manager for Council Action
Executive Director for Stadium Authority Action
From: Director of Community Development
Subject: Agreement with Wilson Ihrig & Associates to perform Acoustic Monitoring of Levi's® Stadium and the San Francisco 49ers Practice Facility for Noise Ordinance Cornpliance
EXECUTIVE SUMMARY
At the August 30, 2016 Concurrent meeting, the Council/Stadium Authority requested that staff take five actions related to the enforcement of the City's noise regulations, including direction to implement an acoustic monitoring program to monitor noise levels related to Levi's® Stadium and the 49ers practice facility. As described in a report to the City Council on October 25, 2016, staff implemented four of those actions and initiated a process to engage a consultant to conduct an ongoing noise monitoring program. Staff also contacted five qualified consultants requesting proposals from those consultants to design a system to meet the objectives of the Council/Stadium Authority. Staff received three proposals in response to that request.
Staff is recommending that the City proceed with a contract with Wilson, Ihrig & Associates (WIA) as a consultant to conduct the City's noise monitoring program. WIA has well established credentials and has submitted a cost effective proposal. As described in the attached agreement's scope, the consultant will prepare a Noise Monitoring Plan that will identify locations for the installation of four noise monitors, establish threshold noise levels which would trigger an alert to City staff, provide real time monitoring of noise levels through an internet site, and provide written reports to the City on a regular basis. The contract cost is $99,840.
ADVANTAGES AND DISADVANTAGES OF ISSUE
Engagement with an acoustic engineering (noise) consultant will enable the City to monitor noise levels for conformance with the City's noise ordinance to address community livability within the vicinity of the Levi's® Stadium and the 49ers practice facility. The one-year contract will provide sufficient data to gain an understanding of noise conditions over the course of activities that occur on an annual basis and may be extended or modified at the conclusion of the year if necessary.
ECONOMIC/FISCAL IMPACT
An appropriation of $99,840 from the Santa Clara Stadium Authority Fund Balance (870-44199) to the Santa Clara Stadium Authority Other Expenditures account (870-8345-87800) is necessary in order to provide sufficient funding to pay for this consultant.
Andrew Crabtree
Director of Community Development
Certified as to Availability of Funds:
870-44199 $ 99,840.00 7—
Subject: Agreement with Wilson lhrig & Associates to perform Acoustic Monitoring of Levi's® Stadium and the San Francisco 49ers Practice Facility for Noise Ordinance Compliance
RECOMMENDATION
1) That the Stadium Authority approve an appropriation of $99,840 from Santa Clara Stadium Authority Fund Balance account [870-441991 tothe Santa Clara Stadium Authority Other Expenditures account (870-8345-87800).
2) That the Council approve and authorize the City Manager to execute an Agreement with Wilson, lhrig & Associates to conduct noise monitoring of Levi's® Stadium and the 49ers practice facility at a cost not to exceed $99,840.
444 Gary AoPfeling
Director of Finance
APPROVED:
Rajee\kBatra
Interim City Manager/Executive Director
Documents Related to this Report:
1) Agreement with Wilson, Ihrig & Associates for Noise Monitoring System & Services
FIVE COUNCIL VOTES
WI #16-125
MEMORANDUM
9 February 2022
To: Reena Brilliot, Leah Ruch, Andrew Crabtree
Community Development Department, City of Santa Clara
Fr: Sarah Kaddatz, Derek Watry
Re: Levi’s Stadium Noise Level Monitoring Project
San Francisco 49ers 2021 Sunday Game-Day Noise Levels (Cheeney & Lenox)
This memorandum presents an analysis of game-day noise levels put in the context of non-game- day noise levels and noise level estimates taken from the stadium’s environmental impact report (EIR) documents. Data is being collected continuously in the neighborhoods around the stadium using Seti-Media noise monitoring stations installed expressly for this purpose. Measurements are being made at four locations around the stadium (see Figure 1), but this memo only reports data from the monitor at Cheeney and Lenox.
The Cheeney and Lenox monitor characterizes noise in the neighborhood south of the stadium which was the focus of the stadium’s EIR noise analysis. It is about the same distance from the stadium as the Hughes Elementary School monitor, and is lined up with the open southern end of the stadium. The Hughes location is shielded from stadium noise to a large extent by the bleacher seats on the eastern side. At the City’s request, data from the Hughes and the other monitors could be added to this report.
Game-Days Analyzed The football game-day data analyzed to date are for the following San Francisco 49ers game days, all Sundays:1
1 Analysis of data from other days (Saturdays, Monday) could be done if desired. Data from Sunday 10/24/21 (Colts) are not analyzed because the noise monitoring station at Cheeney & Lenox was not functioning properly on that day due to rainfall.
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
2 Event Date Event Start Time End Time
8/29/2021 49ers vs. Raiders 1:05 p.m. 3:56 p.m.
9/26/2021 49ers vs. Packers 5:22 p.m. 8:30 p.m.
10/3/2021 49ers vs. Seahawks 1:05 p.m. 4:14 p.m.
11/7/2021 49ers vs. Cardinals 1:25 p.m. 4:25 p.m.
11/28/2021 49ers vs. Vikings 1:25 p.m. 4:33 p.m.
Explanation of Sound Level Metrics Sound (noise) levels vary continuously, so the acoustics community has developed a number of metrics to characterize this variability. This section explains the two used in this memo.
Average or Equivalent Level (Leq) The equivalent level, abbreviated “Leq” is the steady sound level that contains the same amount of acoustical energy during the measurement period as the actual, time-varying sound level did. For all intents and purposes, it is the average level and shall be referred to as such in this memo.
L1 Statistical Noise Levels (“Maximum”) The L1 is the noise level exceeded 1% of the time during a measurement period. For a one -hour measurement period (3,600 seconds), the noise level is higher than the L1 for 36 seconds and lower for the other 59 minutes and 24 seconds. It more fairly represents the “maximum” noise level during the hour for a source like Levi’s stadium, and it is used in this report as a proxy for the maximum noise level.2
Data Analysis & Presentation
• The data analysis uses data collected in 1-hour intervals. • The noise monitoring system is able to filter out most jet noise based on the typical characteristics of jet noise .3 When it detects a jet, the system disregards the 30 seconds during which the jet flies over. Data with and without the inclusion of jet noise are presented in this report.
• For context, the data from the 46 Sundays in 2021 when there was not an NFL game (non - game days) were analyzed to ascertain the average for non-game days.
2 The true maximum noise level during the hour is the single loudest second. 3 If the jet is not particularly loud or there is another, constant noise source such as a lawnmower at the time, the filter may not identify the jet. The filter excludes the noise from about 85% of all jets.
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
3 • Also for context, the stadium noise level estimates in the project EIR are presented. From the Environmental Noise Assessment done for the project:4
Hourly average noise levels generat ed during the game are calculated to range from 61 to 66 dBA Leq at the nearest residential receivers to the south . . . Game-related hourly- average noise levels would exceed typical Sunday afternoon average noise levels by about 4 dBA Leq . . .
Maximum instantaneous noise levels generated by v arious sources associated with a n NFL game (e.g., PA System, music, crowd cheering) would typically range from about 55 to 68 dBA at the nearest residential receivers . . .
The EIR predictions are for the residences closest to the stadium whereas the Cheen ey & Lenox sound monitoring station is more deeply embedded in the community, about 50% farther away. To account for the extra attenuation with distance, 4 dB have been subtracted from the EIR-predicted levels.5
• The 2021 Sunday game -day noise levels are plotted a gainst the contextual backdrop of average non-game Sunday noise levels and the EIR-predicted noise levels. The approximate timeframe of the football game is indicated on each data plot. • The hourly average (Leq) data for each of the five games along with commentary are presented in Figure 2 8-29-21 (Raiders) – Hourly-Average Noise Levels to Figure 6 11-28- 21 (Vikings) – .
• The “maximum” (L1) data for all five games are presented in Figure 7.
* * * * *
4 Illingworth & Rodkin, 49ers Stadium Project Environmental Noise Assessment, Santa Clara, California, I&R Job No. 08-046, 24 February 2009, p 14.
5 Technical note: Noise attenuates with distance for the same reason that the height of circular waves resulting from a rock thrown in a still lake get smaller as the travel away from the source: the energy in the wavefront is spread over a larger and larger area which reduces the wave’s amplitude. This is called “attenuation due to geometric spreading”. Noise that is fairly far from the source – even a large source such as Levi’s Stadium – spreads at a rate of 6 dB per doubling of distance. The distance from the center of the stadium (which is the effective location of the noise source) to the homes where the EIR predicted noise levels is about 1,200 feet, whereas the distance from the center of the stadium to the Cheeney and Lenox monitor is about 1,800 feet , a 50% increase. Given the logarithmic mathematics of decibels, one may calculate that the expected attenuation for a 50% increase in distance is 3.5 dB using the equation 20 log 10 (distance1/distance2).
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
4 Figure 1 Area Map with Noise Monitoring Locations
(Distances are measured from the center of the stadium)
#4
Ave de Lago &
Ave de los Arboles
Stadium: 2,700 ft
#3
Hughes Elementary
Stadium: 1,800 ft
#1
Cheeney & Lenox
Stadium: 1,850 ft
#2
4624 Cheeney
Stadium: 2,460 ft
Stadium
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
5 Figure 2 8-29-21 (Raiders) – Hourly-Average Noise Levels 49ers 34 Raiders 10
It is reasonable to atrribute the game-day noise levels without jet noise (solid blue line) that exceed the average non-game-day noise levels without jet noise (solid black line) to activities at Levi’s stadium. Over the 6-hour period centered on the game time, game-day levels were 2 to 6 dB higher than non-game-day levels.
The stadium noise levels (represented by the solid blue line) are generally below the range predicted for the EIR.
Approx. Game Time
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
6 Figure 3 9-26-21 (Packers) – Hourly-Average Noise Levels 49ers 28 Packers 30
Over the 6-hour period centered on the game time, game-day levels were 3 to 6 dB higher than non- game-day levels (solid blue compared to solid black).
The stadium noise levels (represented by the solid blue line) are generally below the range predicted for the EIR.
Approx. Game Time
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
7 Figure 4 10-3-21 (Seahawks) – Hourly-Average Noise Levels 49ers 21 Seahawks 28
Over the 6-hour period centered on the game time, game-day levels were 1 to 4 dB higher than non- game-day levels (solid blue compared to solid black).
The stadium noise levels (represented by the solid blue line) are below the range predicted for the EIR.
Approx. Game Time
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
8 Figure 5 11-7-21 (Cardinals) – Hourly-Average Noise Levels 49ers 17 Cardinals 31
Over the 6-hour period centered on the game time, game-day levels were 3 to 5 dB higher than non- game-day levels (solid blue compared to solid black).
The stadium noise levels (represented by the solid blue line) are below the range predicted for the EIR.
The high noise level in the game-day data including jet noise (dashed blue line) appears to have been caused by jets flying low over the stadium just before game time. Although not confirmed, this may have been part of the NFL and 49ers’ salute to veterans given the proximity to Veteran’s Day.
Approx. Game Time
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
9 Figure 6 11-28-21 (Vikings) – Hourly-Average Noise Levels 49ers 34 Vikings 26
Over the 6-hour period centered on the game time, game-day levels were 2 to 5 dB higher than non- game-day levels (solid blue compared to solid black).
The stadium noise levels (represented by the solid blue line) are below the range predicted for the EIR.
Approx. Game Time
Levi’s Stadium Noise Level Monitoring
Noise Levels of 2021 49ers Sunday Games
10 Figure 7 “Maximum” (L1) Noise Levels on Sunday Game Days (without Jet Noise)
In contrast to the hourly-average noise levels, the measured “maximum” noise levels on NFL game days is at the higher end of or above the range predicted for the EIR on most game days. Jet noise has been filtered out of these data, so they set an upper bound on noise from Levi’s Stadium, but they may not all be attributable to Levi’s..
WI #16-125
MEMORANDUM
23 May 2017
To: Andrew Crabtree, Juan Padilla, Lee Butler
Community Development Department, City of Santa Clara
Fr: Derek Watry
Re: Levi’s Stadium Noise Level Monitoring Project
Attended Noise Level Readings of U2 Concert (17 May 2017)
This memorandum presents noise level data collected on the evening of Wednesday, 17 May 2017, during the U2 concert at Levi’s Stadium. Data was collected live in the neighborhoods around the stadium. Equipment consisted of a Brüel & Kjær Type 2230 Sound Level Meter and a Sony PCM- D50 Audio Recorder. The measurement apparatus was calibrated immediately prior to use with a Brüel & Kjær Type 4230 Field Calibrator.
The noise level data was post-processed using proprietary software developed by Wilson Ihrig expressly for this purpose. For the analysis, we excluded other distinct sources such as cars, jet aircraft, and barking dogs. We then determined the statistical noise levels for the concert dominated portions of the recordings. While it’s tempting look at the maximum and minimum levels, we prefer to report the noise levels exceed 1%, 10%, 50%, and 90% of the time. These statistical levels give a better indication of the variability of the sound levels without including potentially anomalously high or low readings. They represent, respectively, the louder moments, the typical loud moments, the median level, and the quieter moments during the show.
Measurements were made at four locations around the stadium (see Figure 1). At the first of these, Cheeney and Lenox, ambient data was collected when there was no audible sound coming from the stadium. The ambient recording included automobiles and jet aircraft. The levels for these distinct sources are reported below, but they were removed for the purposes of calculating the background noise levels at Cheeney and Lenox. The range of background noise levels is shown on all four data plots below because we did not have the opportunity to collect background levels at the other three locations. It is reasonable to assume they are similar at all four locations.
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
2 Table I presents a summary of the measured noise levels at all four locations. The ranges shown for the concert are the levels between that exceeded 90% of the time (characteristic of the quieter moments) and 1% of the time (characteristic of the louder moments).
It is important to realize that “audibility” is not just about the decibel levels. At Arboles and Lago, for example, the noise level readings are generally not much higher than the background levels, however, concert sound was still audible because singing, talking, and crowd cheers are distinct from other evening and nighttime sounds in a suburban neighborhood. Conversely, at Cheeney and Lenox and 4624 Cheeney, the concert noise levels were some 10 to 20 decibels higher than the background levels. At these locations, the concert sound not only prevailed, but lyrics and music were plainly audible. It was easy to identify every song.
TABLE I SUMMARY OF MEASURED NOISE LEVELS
Cheeney & Lenox Ambient
Background 48 – 53 dBA
Jet Aircraft 73 – 77 dBA
Cars 63 – 64 dBA
Concert 56 – 68 dBA Lyrics plainly audible
4624 Cheeney Concert 54 – 63 dBA Lyrics plainly audible Hughes Elementary Concert 52 – 60 dBA Lyrics audible. Includes some helicopter noise.
Arboles & Lago Concert 46 – 54 dBA Lyrics not audible
The 1/3-octave band spectra at the four locations are shown in Figures 2 to 5. The single-number A-weighted (dBA) value corresponding to each spectrum is indicated on the right-hand side of the graph (AW). Again, we’re showing the levels exceeded 1%, 10%, 50%, and 90% of the time. At Cheeney and Lenox and 4264 Cheeney, noise levels in the 500 to 2000 Hz frequency bands are particularly elevated. This is the frequency range that corresponds to the human voice, so those levels are mostly likely associated with singing. The lyrics were more plainly audible at the two Cheeney Street locations probably because that end of the stadium is somewhat open. Conversely, the locations northwest of the stadium are somewhat more shielded by the bleacher seating configuration.
Assessment Against Stadium Condition of Approval P23
Condition of Approval P23 for the Stadium project states:
In order to control noise, the stadium loudspeaker systems (permanent and temporary) shall be oriented in a manner consistent with Community Noise Analysis prepared by WJHW, dated May 27, 2010 for the proposed 49ers Stadium, in order to control noise impacts to adjacent residential neighborhoods. In accordance with Section 9.10.070(c) of the Santa Clara City Code, and the recommendations of the noise analysis, sound system levels shall be limited to 100 dBA for NFL Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
3 games and other used of the permanent speaker system, and not more than 105 dBA for t emporary concert speaker systems as presented in the analysis. For sound system installations and modifications within the stadium site, the target for maximum sound level exposure in residential areas to the east and south shall be 60 dBA, in order to minimize noise impacts to sensitive receptors.
As seen in the data presented in Table I, concert noise levels exceeded 60 dBA at both of the locations on Cheeney Street. On Figure 2, it can be seen that concert noise exceeded 60 dBA very nearly 50% of the time (see the blue circle on the AW scale). On Figure 3, it can be seen that concert noise exceeded 60 dBA about 10% of the time (see the orange circle on the AW scale). As stated above, the concert was plainly audible at both of these locations, and the concert noise levels were some 10 to 20 dB above the prevailing background noise levels in the neighborhood.
* * * * *
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
4 FIGURE 1 AREA MAP WITH NOISE MONITORING LOCATIONS
(DISTANCES ARE FROM BLUE DOTS)
#4
Ave de Lago &
Ave de los Arboles
Stadium: 2,700 ft
#3
Hughes Elementary
Stadium: 1,800 ft
#1
Cheeney & Lenox
Stadium: 1,850 ft
#2
4624 Cheeney
Stadium: 2,460 ft
Stadium
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
5 FIGURE 2 CHEENEY & LENOX
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
6 FIGURE 3 4624 CHEENEY
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
7 FIGURE 4 HUGHES ELEMENTARY (NEAR AVE. DE GUADELUPE)
Levi’s Stadium Noise Level Monitoring
Noise Levels of U2 Concert
8 FIGURE 5 AVENIDA DE LOS ARBOLES & AVENIDA DE LAGO
WI #16-125
MEMORANDUM
10 October 2017
To: Andrew Crabtree
Community Development Department, City of Santa Clara
Fr: Derek Watry
Re: Levi’s Stadium Noise Level Monitoring Project
Noise Level Readings of Coldplay Concert (4 October 2017)
This memorandum presents noise level data collected on the evening of Wednesday, 4 October 2017, during the Coldplay concert at Levi’s Stadium. Data was collected in the neighborhoods around the stadium using the Seti-Media system installed for this purpose.
Measurements were made at four locations around the stadium (see Figure 1), but this memo only reports data from the closest monitor at Cheeney and Lenox.
Figure 2 shows a comparison of the noise levels during the concert to ambient noise level data collected on 15 nights in September in 5-minute intervals.
Because the concert was on a Wednesday night, the comparative days were all Monday, Tuesday, Wednesday, and Thursday nights in September except Thursday the 21st because there was a 49er football game that evening. The comparative data shows the maximum, average, and minimum ambient sound levels.
Coldplay came on stage at 9:00 PM, and the sound level associated with the opening number was louder than the maximum ambient level at that time in September. The show came to a close just before 11:00 PM, and fireworks at the end of the show also caused the noise in a 5-minute period to be higher than the maximum in September. Between the opening number and the fireworks, the concert sound level was typically above the average sound level at this location, but below the maximum measured in September.
* * * * * Levi’s Stadium Noise Level Monitoring
Noise Levels of Coldplay Concert
2 FIGURE 1 AREA MAP WITH NOISE MONITORING LOCATIONS
(DISTANCES ARE FROM BLUE DOTS)
#4
Ave de Lago &
Ave de los Arboles
Stadium: 2,700 ft
#3
Hughes Elementary
Stadium: 1,800 ft
#1
Cheeney & Lenox
Stadium: 1,850 ft
#2
4624 Cheeney
Stadium: 2,460 ft
Stadium
Levi’s Stadium Noise Level Monitoring
Noise Levels of Coldplay Concert
3 Levi’s Stadium Noise Monitoring Stations – Summary of Rent vs Buy Options All of the following costs are per monitoring station unless otherwise noted. There are currently 4 stations.
Seti Media Sigicom Envirosuite
Current Installation Buy Option 1 Buy Option 2
Purchase Price
(Vendor does not sell equipment) $10,385.40 each $13,500 each (5% discount for 4 units)
Monthly Rental &
Data Hosting Cost $660 (Purchase option) (Purchase option) Monthly Data Hosting Cost Included in Rental Cost $80/month/unit $1,620/ month for 2 units, $2,520/ month for 4 units
Vendor Start-Up Cost Already incurred $50 each
One-time registration fee (No info provided)
Mobilization Cost Already incurred
$5,000 - $9,000
Depends on number of stations.
Range is for 2 to 4 stations
$5,000 - $9,000
Depends on number of stations.
Range is for 2 to 4 stations
Monthly Administration Cost
(Wilson Ihrig) $560 (total) $560 (total) $0 or $560 (total) if Wilson Ihrig stays involved
Annual Maintenance &
Calibration Cost
$3,000
(Field calibrated)
$4,500
(Lab calibrated)
$3,000
(Field calibrated)
Calibration Automated, but annual field
calibration recommended
Annual calibration at external lab
recommended. Equipment would
out of service during calibration.
Automated, but annual field
calibration recommended
Publicly Viewable Data
Presentation? Yes Not normally provided. Could be
developed (cost undetermined). Yes
Available presentation metrics
Avg, min, max, statistics
Three weightings (dBA, dBC, dBZ)
Spectral 1/3-octave bands
Average, max
A-weighting only (dBA)
No spectral data
Avg, min, max, statistics
Three weightings (dBA, dBC, dBZ)
Spectral 1/3-octave bands
Can system filter out jet noise? Yes No No
Lead time to procure equipment Equipment already installed To be determined based on inventory at time of order
More than 4 weeks.
Exact time to be determined.
Equipment Warranty Period
(If rented equipment is damaged
or malfunctions, it will be
replaced at vendor cost.)
12-month warranty included.
Damage insurance available at
additional cost.
12-month warranty included.
Extended warranty available for
additional cost.
Who would install Wilson Ihrig Wilson Ihrig Envirosuite or Wilson Ihrig
Information collected and compiled by Wilson Ihrig
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-384 Agenda Date: 3/8/2022
REPORT TO COUNCIL
SUBJECT
Discussion and Action on Potential March 10, 2022 Cities Association Legislative Action Committee Meeting AB 1944 Agenda Item
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
The LAP Policy provides that, “If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.”
DISCUSSION
Staff was notified that AB 1944 - Local government: open and public meetings, which was introduced by Assembly Members Alex Lee and Cristina Garcia, is tentatively scheduled for consideration at the upcoming March 10, 2022 Cities Association Legislative Action Committee (LAC) meeting. It would be an action item asking LAC members to take a preliminary vote to recommend to the full Cities Association Board to support, oppose or take no position on the current version of AB 1944.
In its current form, AB 1944 allows members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making this address open to members of the public. It also requires a remote participation option for members of the public to address the body, only during meetings when the legislative body elects to use teleconferencing.
AB 361, which the City is currently operating under, allows a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.
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AB 1944 would modify the Brown Act to allow members of a local legislative body to teleconference into a meeting without having to reveal private addresses or make private addresses accessible to the public, whether there exists a state of emergency or not. Whenever members of a local legislative body elect to use teleconferencing, the local agency must also ensure there are teleconferencing mechanisms in place for public participation. An AB 1944 Fact Sheet is attached to this report (Attachment 2).
The City’s legislative consultant, Townsend Public Affairs, has prepared a bill summary and “Support” recommendation for the Council’s consideration (Attachment 3).
Councilmember Watanabe is the City’s Council Appointment to the Cities Association LAC and will be attending the March 10, 2022 LAC meeting. She will need to be authorized by the Council to take action on the potential LAC Meeting AB 1944 agenda item consistent with the Council’s final position.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City has an existing three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services in an amount not-to-exceed $252,000, which includes developing and implementing a legislative strategy. These services are included at no additional cost as part of the consultant’s monthly service fee.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .
RECOMMENDATION
1. Council discussion and action to take either a “Support”, “Oppose”, or “No Position” position on the potential March 10, 2022 Cities Association LAC Meeting AB 1944 agenda item; and
2. Authorize Councilmember Watanabe to take action on the potential LAC Meeting AB 1944 agenda item consistent with the City Council’s position.
Prepared by: Christine Jung, Assistant to the City Manager Approved by: City Manager’s Office
ATTACHMENTS
1. Legislative Advocacy Position Policy
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2. AB 1944 Fact Sheet
3. Townsend - AB 1944 Bill Summary and Recommendation
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City of Santa Clara
Policy and Procedure Manual
LEGISLATIVE ADVOCACY POSITION POLICY
PURPOSE To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and nati
onal boards, committees, and commissions
when they are asked to review public policy matters and issues.
POLICY To attain a comprehensive review of legislation affecting cities, to obtain the Council position on proposed legislation, to make the City’s position known, and to maintain a record of pertinent information, the following guidelines shall be followed.
All legislative reviews are to be made on the basis of the effect on the City and citizens as a whole, and taking into account existing City posi tions, policies, or goals, rather than on the individual’s personal feelings.
The guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara. • Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s St atement of Values, the General Plan, or the Climate Action Plan.
Annually, Legislative Advocacy Positions ( LAP) shall be adopted or updated by the City Council at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed above and posted on the City’s website.
PROCEDURE
FOR
EVALUATING
AND
SUPPORTING
LEGISLATIVE
ADVOCACY
Legislation and issues of interest are brought to the City’s attention through several means: the League of Cali
fornia Cities, the National League of
Cities, the Cities Association of Santa Clara County, Council Members, city staff, citizens, and professional or governmental organizations and legislators. All legislation or issues of interest are to be referred to the City Manager’s Office.
1. City Manager’s Office (CMO) reviews the proposed legislation and, if warrants, requests assistance from one or more departments.
Adopted 10/9/2018
Resolution No. 18-8611
P&P 052 Page 1 of 2
LEGISLATIVE ADVOCACY POSITION POLICY (cont.)
2. CMO/Department evaluates the bill for its impact upon Santa Clara, recommends a position and potential action, and drafts a position statement or support/opposition letter.
3. If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the city as further detailed below.
4. If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.
5. Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 – 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.
6. In order to keep the Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.
7. Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to Council and departments.
Adopted 10/9/2018
Resolution No. 18-8611
P&P 052 Page 2 of 2
RESOLUTION NO. 18-8611
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING A LEGISLATIVE ADOVACY POSITION POLICY AND
RESCINDING COUNCIL POLICY 018 POSITION ON NON-CITY-
RELATEDISSUES
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
W HEREAS, establishing a Legislative Advocacy Position Policy will provide guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government; and,
W HEREAS, establishing a Legislative Advocacy Position Policy will provide guidance for City officials who serve on regional, state, and national boards, committees, and commission when they are asked to review public policy matters and issues; and, W HEREAS, the Legislative Advocacy Position Policy, attached hereto as Attachment 1, will expedite and streamline the City of Santa Clara's legislative advocacy processes.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the Legislative Advocacy Position Policy, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
2. That Council Policy 018 Position on Non-City-Related Issues is hereby rescinded. //
//
//
//
//
//
//
Resolution/Adoption of Legislative Advocacy Position Policy Page 1 of 2 Rev: 11 /22/17
3. Effective date. This resolution shall become effective immediately.
HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 9th DAY OF OCTOBER, 2018, BY THE FOLLOWING VOTE:
AYES: COUNCILORS: Davis, Kolstad, Mahan, O'Neill, and Watanabe and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST'
JENNIFER YAMAGUMA
ACTING CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Legislative Advocacy Position Policy
Resolution/Adoption of Legislative Advocacy Position Policy Page 2 of 2 Rev: 11 /22/17
BROWN ACT MODERNIZATION
AB 1944 | ASSEMBLYMEMBER ALEX LEE
OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 02/14/22
THIS BILL
This bill would allow members of a local legislative body, upon majority vote, to allow members to waive Brown
Act requirements of publishing their private address, and making their private address open to members of the
public. It would also require a remote participation option for members of the public to address the body.
BACKGROUND
The Ralph M. Brown Act passed in 1953 requires local
government business to be conducted at open and public
meetings, except in certain limited situations. Existing law allows the legislative body of a local agency to use teleconferencing as long as a quorum of the members
participate from locations within the boundaries of the agency’s jurisdiction.
In order to teleconference, each teleconference location is required to be identified in the notice and agenda of the meeting, as well as be accessible to the public.
On March 2020, Governor Newsom issued Executive
Order N -29-20 which waived the teleconference
requirements for local agencies during the COVID -19
pandemic. This order has since expired.
AB 361 (Rivas, 2021) permits local agencies to continue to meet virtually and remotely during a state -declared emergency without having to meet a quorum and other
requirements of teleconference meetings under the Brown Act. Local legislative bodies may continue to meet
virtually pursuant to AB 361 until the end of the current state of emergency and during any future state of
emergency up until January 1, 2024. The legislative body is required to take a majority vote every 30 days in order to continue allowing members to participate virtually
without meeting existing Brown Act requirements.
PROBLEM
Given the last few years of the COVID -19 pandemic,
many members of Brown Act bodies have participated
remotely in official business, and have shown effective leadership while keeping themselves and their families
healthy and safe. However, even with existing legislation, the protections are only in place during a declared state of emergency. In addition, if there is no majority vote every 30 days , members who choose to teleconference are
required to make private addresses publicly known and
accessible.
Since there are many members of Brown Act bodies who
have families that may be immunoc ompromised or may
need to teleconference from a private location that cannot be made accessible to the public, there are still many
concerns with existing legislation.
For example, if outside of the pandemic a local elected is teleconferencing from a hospital room after giving birth, she would be forced to either reveal the location she is teleconferencing from or make the room publicly
available, or she would not be able to attend the meeting and partake in her official duties.
Another example is if a Planning Commissioner is
immunocompromised, or has immunocompromised
family members at home, they may choose to
teleconference into meetings. However, they would be
required to share their private home address and make it publicly accessible.
SOLUTION
AB 1944 would ensure that:
Brown Act bodies have the ability to vote to allow
their members to teleconference into a meeting
without having to reveal private addresses or
make private addresses accessible to the public,
in order to best continue performing their official
duties
Livestreams of meetings are required whenever
members teleconference into meetings so the
public has access to observe and participate in
meetings
Members of the public are able to address their
elected officials either through a call -in or video
option, ensuring that they are able to participate
in government
OFFICE OF ASSEMBLYMEMBER ALEX LEE
AB 1944 FACT SHEET | UPDATED 02/14/22
SUPPORT
Gilroy City Councilmember Zach Hilton
Santa Clara School Board Member Vickie Fairchild
Santa Clara School Board Member Bonnie Lieberman
Seaside City Councilmember Jon Wizard
South San Francisco Councilmember James Coleman
San Bruno Park District Trustee Andriana Shea
Santa Ana City Councilmember Jessie Lopez
Sacramento City Councilmember Katie Valenzuela
North Westwood Neighborhood Councilmember A ndrew
Lewis
CONTACT
Maria Montchal, Legislative Aide
Office of Assemblymember Alex Lee
916-319-2025 | [email protected]
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 MEMO
To: City of Santa Clara
From: Townsend Public Affairs, Inc.
Date: March 3, 2022
Subject: Bill Analysis: AB 1944 (Lee)
AB 1944 (Lee) Local government: open and public meetings.
Bill Information
The official text of AB 1944 can be found here
.
Summary
This bill allows members of a local legislative body, upon majority vote, to waive the Brown Act requirements of publishing their private address on the meeting agenda and making this address open to members of the public. It also requires a remote participation option for members of the public to address the body, only during meetings when the legislative body elects to use teleconferencing.
AB 361 (R. Rivas, Statutes o f 2021) permits local agencies to continue to meet virtually and remotely during a state -declared emergency without having to meet a quorum and other requirements of teleconference meetings under the Brown Act. Local legislative bodies may continue to meet virtually pursuant to AB 361 until the end of the current state of emergency and during any future state of emergency up until January 1, 2024. The legislative body is required to take a majority vote every 30 days in order to continue allowing members to participate virtually without meeting existing Brown Act requirements.
Under AB 361, members of a legislative body are only given modified Brown Act protections during a declared state of emergency. Further, in the case where there is no majority vote every 30 days, members who choose to teleconference are required to make private addresses publicly known and accessible, should they elect to participate remotely in a meeting.
AB 1944 would modify the Brown Act to allow members of a local legislative body to teleconference into a meeting without having to reveal private addresses or make private addresses accessible to the public, whether there exists a state of emergency or not. Whenever members of a local legislative body elect to use teleconferencing, the local agency must also ensure there are teleconferencing mechanisms in place for public participation.
2 Status
AB 1944 has been referred to the Assembly Local Government Committee and is currently pending an official hearing date.
Support
According to the author: “Since there are many members of Brown Act bodies who have families that may be immunocompromised or may need to teleconference from a private location that cannot be made accessible to the public, there are still many concerns with existing legislation.
For example, if outside of the pandemic a local elected is teleconferencing from a hospital room after giving birth, she would be forced to either reveal the location she is teleconferencing from or make the room publicly available, or she would not be able to attend the meeting and partake in her official duties.”
According to the author’s office, supporters of AB 1944 include: a dozen individual c ity council and school board members, primarily from the Bay Area. Additional support is anticipated once the committee analysis, with the official list of supporters, is released prior to the committee hearing.
Opposition
Since AB 1944 has not yet been set for hearing, there is no list of official opposition available yet.
TPA Staff Recommendation
Support
AB 1944 aims to provide local agencies, and individual elected officials, a level of privacy by not requiring the disclosure of the address of the remote participation location is a location that is not open to the public. The measure balances privacy with public access by requiring local agencies who have members that elect to participate remotely to also provide teleconferencing options for public participation, as well as video streaming of the meeting.
AB 1944 also provides a level of discretion for local agencies, by only imposing the video streaming and public teleconference access requirements in instances where one or more members of a local agency elect to remotely participate in a meeting.