Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Engineering or Groundskeeping
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Engineering or Groundskeeping
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Advance Stores Company, agreement # 2017000280 established by City of Charlotte, NC, through Omnia Partners, Public Sector. https://www.omniapartners.com/publicsector/suppliers/advance-auto-parts/contract-documentation Vendor shall provide Stadium Manager auto parts and related products as needed.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $25,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Advance Stores Company
5008 Airport Road
Roanoke, Virginia 24012
Attn: Paul Fogge
Email: [email protected]
Phone: 602-920-6111
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Advance Stores Company
5008 Airport Road
Roanoke, Virginia 24012
Attn: Paul Fogge
Email: [email protected]
Phone: 602-920-6111
XXXX
any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Advance Stores Company
5008 Airport Road
Roanoke, Virginia 24012
Attn: Paul Fogge
Email: [email protected]
Phone: 602-920-6111
XXXX
will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
AutoZone Parts, Inc.
123 South Front
Memphis, TN 38101
Attn: Scott Wyman
Email: [email protected]
Phone: (209) 818-9440
XXXX
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Engineering or Stadium Operations
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Engineering or Stadium Operations
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the AutoZone agreement # R211201 established by Region 4 ESC , TX, through Omnia Partners, Public Sector.
https://www.omniapartners.com/publicsector/suppliers/autozone/contract-documentation Vendor shall provide Stadium Manager auto parts and related products as needed.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $10,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
AutoZone Parts, Inc.
123 South Front
Memphis, TN 38101
Attn: Scott Wyman
Email: [email protected]
Phone: (209) 818-9440
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
AutoZone Parts, Inc.
123 South Front
Memphis, TN 38101
Attn: Scott Wyman
Email: [email protected]
Phone: (209) 818-9440
XXXX
any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
AutoZone Parts, Inc.
123 South Front
Memphis, TN 38101
Attn: Scott Wyman
Email: [email protected]
Phone: (209) 818-9440
XXXX
will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
CDW Government LLC
230 N. Milwaukee Avenue
Vernon Hills, IL 60061
Attn: Martin Spellman IV
Email: [email protected]
Phone: (562)-305-4299
XXXX
Blanket Purchase Order Date: April 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
Attn: Procurement
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the CDW-Government (CDW-G) agreement # 2018011-01 established by City of Mesa, AZ, through Omnia Partners, Public Sector. https://www.omniapartners.com/publicsector/suppliers/cdw-g/contract-documentation#c35647
Vendor shall provide information technology solutions related to hardware, software, computer equipment, peripherals and accessories as required by Stadium Manager.
The term of this order shall be for a period beginning May 1, 2022 through February 28, 2023 in an amount not to exceed $100,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
CDW Government LLC
230 N. Milwaukee Avenue
Vernon Hills, IL 60061
Attn: Martin Spellman IV
Email: [email protected]
Phone: (562)-305-4299
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
CDW Government LLC
230 N. Milwaukee Avenue
Vernon Hills, IL 60061
Attn: Martin Spellman IV
Email: [email protected]
Phone: (562)-305-4299
XXXX
any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
CDW Government LLC
230 N. Milwaukee Avenue
Vernon Hills, IL 60061
Attn: Martin Spellman IV
Email: [email protected]
Phone: (562)-305-4299
XXXX
will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
“Stadium Manager” “Vendor” Purchase Order:
Forty Niners Stadium Management Company LLC Cintas Corporation XXXXX Procurement 904 Holloway Road
4900 Marie P. DeBartolo Way Gilroy, CA 95020
Santa Clara, California 95054 Attn: Amanda Smith
Email: [email protected]
Tel: 408-499-8626
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION:
Alyssa Kutz
[email protected]
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Cintas Corporation agreement # R-BB-19002 established by Prince William County Schools, VA, through Omnia Partners, Public Sector. https://www.omniapartners.com/publicsector/suppliers/cintas-corporation/contract-documentation#c30957 Vendor shall provide Stadium Manager uniforms for purchase, brand name apparel, safety footwear, promotional products, facility products, and first aid and safety supplies as needed. Purchase of products include customization such as logos but not limited to direct embroidery, emblems, or custom silkscreening. This Blanket Purchase Order shall not cover any rental programs nor any labor or other public works performed by Vendor at Levi’s Stadium; such additional services shall require the execution of a separate service agreement.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $250,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
STADIUM MANAGER VENDOR
Signature: _________________________________ Sig nature: _________________________________
Jim Mercurio
Name: _____________________________________ Name: _____________________________________
EVP, Stadium Operations & General Manager
Title: _____________________________________ Title: ______________________________________
[email protected]
Email: _____________________________________ Email: ____________________________________
Date: _____________________________________ Date: _____________________________________ “Stadium Manager” “Vendor” Purchase Order:
Forty Niners Stadium Management Company LLC Cintas Corporation XXXXX Procurement 904 Holloway Road
4900 Marie P. DeBartolo Way Gilroy, CA 95020
Santa Clara, California 95054 Attn: Amanda Smith
Email: [email protected]
Tel: 408-499-8626
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect at the time of delivery. The purchase, use or resale, or delivery or performance thereof shall not violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to “Stadium Manager” “Vendor” Purchase Order:
Forty Niners Stadium Management Company LLC Cintas Corporation XXXXX Procurement 904 Holloway Road
4900 Marie P. DeBartolo Way Gilroy, CA 95020
Santa Clara, California 95054 Attn: Amanda Smith
Email: [email protected]
Tel: 408-499-8626
all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE NEGLIGENT ACTS OR
OMISSIONS OF VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER. VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS,
SHALL SPECIFICALLY EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER
SIMILAR FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: A waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender “Stadium Manager” “Vendor” Purchase Order:
Forty Niners Stadium Management Company LLC Cintas Corporation XXXXX Procurement 904 Holloway Road
4900 Marie P. DeBartolo Way Gilroy, CA 95020
Santa Clara, California 95054 Attn: Amanda Smith
Email: [email protected]
Tel: 408-499-8626
identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Fastenal Company
2001 Theurer Blvd.
Winona, MN 55897
Attn: Erik McKenna
Email: [email protected]
Phone: (360) 220-5683
XXXX
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Stadium Operations or Engineering
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Stadium Operations or Engineering
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Fastenal agreement # 2018.000208 established by University of California, CA, through Omnia Partners, Public Sector.
https://www.omniapartners.com/publicsector/suppliers/fastenal/contract-documentation#c35684 Vendor shall provide Stadium Manager Maintenance, Repair, Operating supplies (MRO), industrial supplies, equipment, and related products as needed. This Blanket Purchase Order shall not cover any labor or other public works performed by Vendor at Levi’s Stadium; such additional services shall require the execution of a separate service agreement.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Seller agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Fastenal Company
2001 Theurer Blvd.
Winona, MN 55897
Attn: Erik McKenna
Email: [email protected]
Phone: (360) 220-5683
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Fastenal Company
2001 Theurer Blvd.
Winona, MN 55897
Attn: Erik McKenna
Email: [email protected]
Phone: (360) 220-5683
XXXX
a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Fastenal Company
2001 Theurer Blvd.
Winona, MN 55897
Attn: Erik McKenna
Email: [email protected]
Phone: (360) 220-5683
XXXX
shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Grainger Industrial Supply
100 Grainger Parkway
Lake Forest, IL 60045
Attn: Heidi Ennis
Email: [email protected]
Phone: 415-481-1023
XXXX
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Engineering Department
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Engineering Department
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Grainger Industrial Supply agreements established by OMNIA Partners,Public Sector. There are four agreements lead by various public agencies. The link to the agreements can be accessed at:
https://www.omniapartners.com/publicsector/suppliers/grainger/contract-documentation#c35554 Vendor shall provide Stadium Manager Maintenance, Repair, Operating supplies (MRO), industrial supplies, equipment, and related products as needed. This Blanket Purchase Order shall not cover any labor or other public works performed by Vendor at Levi’s Stadium; such additional services shall require the execution of a separate service agreement.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $200,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Grainger Industrial Supply
100 Grainger Parkway
Lake Forest, IL 60045
Attn: Heidi Ennis
Email: [email protected]
Phone: 415-481-1023
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Grainger Industrial Supply
100 Grainger Parkway
Lake Forest, IL 60045
Attn: Heidi Ennis
Email: [email protected]
Phone: 415-481-1023
XXXX
any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Grainger Industrial Supply
100 Grainger Parkway
Lake Forest, IL 60045
Attn: Heidi Ennis
Email: [email protected]
Phone: 415-481-1023
XXXX
will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Home Depot U.S.A., Inc .
2455 Paces Ferry Road
Atlanta, GA 30339
Attn: Cameron Mickey
Email: [email protected]
Phone: (714) 267-0901
XXXX
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Engineering or Stadium Operations
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Engineering or Stadium Operations
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Home Depot, U.S.A agreement # 16154 established by Maricopa County, AZ, through Omnia Partners, Public Sector.
https://www.omniapartners.com/publicsector/suppliers/home-depot/contract-documentation#c35580 Vendor shall provide Stadium Manager Maintenance, Repair, Operating supplies (MRO), industrial supplies, equipment, and related products as needed. This Blanket Purchase Order shall not cover any labor or other public works performed by Vendor at Levi’s Stadium; such additional services shall require the execution of a separate service agreement.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: At time of transaction, or for Home Depot Account transactions Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Home Depot U.S.A., Inc .
2455 Paces Ferry Road
Atlanta, GA 30339
Attn: Cameron Mickey
Email: [email protected]
Phone: (714) 267-0901
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Home Depot U.S.A., Inc .
2455 Paces Ferry Road
Atlanta, GA 30339
Attn: Cameron Mickey
Email: [email protected]
Phone: (714) 267-0901
XXXX
any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Home Depot U.S.A., Inc .
2455 Paces Ferry Road
Atlanta, GA 30339
Attn: Cameron Mickey
Email: [email protected]
Phone: (714) 267-0901
XXXX
will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Midwest Motor Supply Company
dba Kimball Midwest
4800 Roberts Road
Columbus, OH 43228
Attn: Dave Jacobs
Email: [email protected]
Phone: 510-599-0158
XXXX
Blanket Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
Attn: Engineering Department
4900 Marie P. DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Engineering Department
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION
Alyssa Kutz
Contracts Administrator
[email protected]
408-649-0853
Description
Forty Niners Stadium Management Company LLC is a member of Omnia Partners, Public Sector and is eligible to access and utilize the competitively solicited and publicly awarded agreements through Omnia Partners, Public Sector (subsidiaries National IPA and U.S. Communities). Membership number is 5296559.
This Blanket Purchase Order is accessing the Kimball Midwest agreement # R192004 established by Region 4 ESC, TX, through Omnia Partners, Public Sector.
https://www.omniapartners.com/publicsector/suppliers/kimball-midwest/contract-documentation#c35711 Vendor shall provide Stadium Manager Maintenance, Repair, Operating supplies (MRO), industrial supplies , equipment, and related products as needed. This Blanket Purchase Order shall not cover any labor or other public works performed by Vendor at Levi’s Stadium; such additional services shall require the execution of a separate service agreement.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000.
The parties shall develop a mutually agreed upon rules of engagement for utilizing the cooperative agreement for the procure to payment process.
By accepting this Blanket Purchase Order, the Vendor agrees to our standard terms and conditions which are attached hereto and incorporated by reference.
Payment Terms: Net 30 days from receipt of invoice.
STADIUM MANGER VENDOR
Signature:
Signature:
Name: Jim Mercurio
Name:
Title: Executive Vice President and General Manager
Title:
Email: [email protected]
Email:
Date:
Date:
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Midwest Motor Supply Company
dba Kimball Midwest
4800 Roberts Road
Columbus, OH 43228
Attn: Dave Jacobs
Email: [email protected]
Phone: 510-599-0158
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Midwest Motor Supply Company
dba Kimball Midwest
4800 Roberts Road
Columbus, OH 43228
Attn: Dave Jacobs
Email: [email protected]
Phone: 510-599-0158
XXXX
a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Midwest Motor Supply Company
dba Kimball Midwest
4800 Roberts Road
Columbus, OH 43228
Attn: Dave Jacobs
Email: [email protected]
Phone: 510-599-0158
XXXX
shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-627 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report from the Stadium Authority for Action on Stadium Manager’s Request to Utilize Cooperative Agreements to Leverage Discounted Pricing through Amazon.com LLC and B&H Foto and Electronics dba B&H and Award Purchase Orders to Advance Stores Company, Inc., AutoZone Parts, Inc., CDW Government LLC, Cintas Corporation, Fastenal Company, Grainger Industrial Supply, Home Depot U.S.A., Inc., and Midwest Motor Supply Company dba Kimball Midwest for Operational Needs at Levi’s Stadium
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.
As the Stadium Manager, Forty Niners Stadium Management Company, LLC (ManCo) is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and ManCo.
The Stadium Manager is requesting approval to utilize cooperative agreements available through OMNIA Partners, Public Sector for the following:
1. Advance Stores Company, Inc. (Advance Stores) : Award a blanket purchase order to Advance Stores to procure automotive parts, accessories and related supplies for general replacement associated with preventative and corrective maintenance from May 1, 2022 through March 31, 2023 in an amount not to exceed $25,000. These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses as Non- Compensation Expenses for the Engineering Department and Groundskeeping Department.
These expenses are under Legal Contingency in the FY 2022/23 Budget.
2. Amazon.com LLC (Amazon) : Utilize Amazon’s online marketplace to procure supplies, equipment and goods from categories like office supplies and equipment, promotional items, information technology products, MRO supplies including facility, janitorial and sanitation, restaurant and breakroom supplies from May 1, 2022 through March 31, 2023 in an amount not to exceed $250,000. The Stadium Manager shared in its memo that items can only be City of Santa Clara Printed on 5/5/2022Page 1 of 6
powered by Legistar™
22-627 Agenda Date: 5/10/2022
purchased with a credit card from Amazon’s online marketplace. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses across all departments. These expenses are under Legal Contingency in the FY 2022/23 Budget.
3. AutoZone Parts, Inc. (AutoZone) : Award a purchase order to AutoZone to procure automotive parts and related supplies to be used for general replacement associated with preventative and corrective maintenance from May 1, 2022 through March 31, 2023 in an amount not to exceed $10,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Engineering Department and Stadium Operations Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
4. B&H Foto and Electronics dba B&H : Utilize B&H’s online marketplace to procure audio visual products and accessories from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000. The Stadium Manager shared in its memo that items can only be purchased with a credit card from B&H’s online marketplace. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
5. CDW Government LLC : Award a purchase order to CDW Government LLC for information technology solutions related to hardware, software, computer equipment, peripherals and accessories from May 1, 2022 through February 28, 2023 in an amount not to exceed $100,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses across all departments. These expenses are under Legal Contingency in the FY 2022/23 Budget.
6. Cintas Corporation : Award a purchase order to Cintas Corporation to purchase uniforms, brand name apparel, safety footwear, promotional products, facility products, and first aid and supplies from May 1, 2022 through March 31, 2023 in an amount not to exceed $250,000.
These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses across all departments. These expenses are under Legal Contingency in the FY 2022/23 Budget.
7. Fastenal Company : Award a purchase award to Fastenal Company for maintenance, repair and operating (MRO) supplies, industrial supplies and related products from May 1, 2022 through March 31, 2023, in an amount not to exceed $50,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Engineering Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
8. Grainger Industrial Supply : Award a purchase order to Grainger Industrial Supply for MRO supplies, industrial supplies and related products to be used for general renewal and replacement associated with preventative and corrective maintenance from May 1, 2022 through March 31, 2023 in an amount not to exceed $200,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses across all departments. These expenses are under Legal Contingency in the FY 2022/23 Budget.
City of Santa Clara Printed on 5/5/2022Page 2 of 6
powered by Legistar™
22-627 Agenda Date: 5/10/2022
9. Home Depot U.S.A., Inc. (Home Depot) : Award a purchase order to Home Depot for MRO supplies, industrial supplies and related products to be used for general renewal and replacement associated with preventative and corrective maintenance from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses across all departments. These expenses are under Legal Contingency in the FY 2022/23 Budget.
10.Midwest Motor Supply Company dba Kimball Midwest: Award a purchase order to Kimball Midwest for MRO supplies, industrial supplies and related products and services to be used for general renewal and replacement associated with preventative and corrective maintenance from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Engineering Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
The requests above are Shared Stadium Manager Expenses totaling a not to exceed amount of $1,035,000 for FY 2022/23.
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation to Utilize Multiple Cooperative Agreements for Operational Needs at Levi’s Stadium memorandum, cooperative agreements through OMNIA Partners, Public Sector, and draft purchase orders (these documents are attached to corresponding report #22-624) and found the document to be sufficient.
In addition to Chapter 17.30, staff has been following the City Code provisions under Chapter 2.105 for consistency and to ensure that best practices in public sector procurement are being followed.
Chapter 2.105.310 allows for open purchase orders when the amount of nature of the specific items cannot be determined before they are needed, as long as their terms do not exceed twelve calendar months from the date of issue and the maximum purchase limit of a single open purchase order does not exceed $100,000 unless a formal bidding or reverse auction has taken place. Chapter 2.105.290 (b)(3) allows for purchases from vendor on terms obtained pursuant to formal bidding processes that name the City either specifically or categorically as a third party beneficiary of the bidding process or in the case where the vendor agrees to extend such participation to the City.
As stated in the memo and purchase orders with Fastenal Company, Grainger Industrial Supply, Home Depot, and Kimball Midwest, purchases from these vendors will not cover any labor or other public works performed at Levi’s Stadium and such additional services will require the execution of a separate service agreement.
Staff recommends approval of the Stadium Manager’s request to utilize the referenced cooperative agreements to leverage discounted pricing through Amazon and B&H’s online marketplaces and award purchase orders to Advance Stores, AutoZone, CDW Government, Cintas Corporation, Fastenal Company, Grainger Industrial Supply, Home Depot, and Kimball Midwest. The Stadium Authority will require full supporting documentation before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.
City of Santa Clara Printed on 5/5/2022Page 3 of 6
powered by Legistar™
22-627 Agenda Date: 5/10/2022
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 Stadium Authority FY 2022/23 Budget contains Legal Contingency for Shared Stadium Manager Expenses (Shared Expenses) from Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping Departments. As part of its March 15, 2022 approval of the Stadium Authority FY 2022/23 Operating, Debt Service, and Capital Budget, the Stadium Authority Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentation for costs.
There are sufficient funds in the FY 2022/23 Legal Contingency to cover the Stadium Authority’s portion of the not to exceed amount of $1,035,000 for purchases through Amazon (up to $250,000) and B&H (up to $50,000), and open purchase orders with Advance Stores (up to $25,000), AutoZone (up to $10,000), CDW Government (up to $100,000), Cintas Corporation (up to $250,000), Fastenal Company (up to $50,000), Grainger Industrial Supply (up to up to $200,000), Home Depot (up to $50,000), and Kimball Midwest (up to $50,000). Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC per the Management Agreement. The Office of the Executive Director or Treasurer will approve budget amendments to reallocate funds from Legal Contingency to Shared Stadium Manager Expenses that are described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate documentation for costs.
COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Stadium Authority Counsel and Treasurer’s Offices.
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].
RECOMMENDATION
1. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to Advance Stores to procure automotive parts, accessories and related supplies from May 1, 2022 through March 31, 2023 in an amount not to exceed $25,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
2. Approve the Stadium Manager’s request to utilize referenced cooperative agreements to leverage discounted pricing on Amazon’s online marketplace to procure supplies, equipment and goods from May 1, 2022 through March 31, 2023 in an amount not to exceed $250,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon City of Santa Clara Printed on 5/5/2022Page 4 of 6
powered by Legistar™
22-627 Agenda Date: 5/10/2022
receiving final invoices and supporting documentation from the Stadium Manager;
3. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to with AutoZone to procure automotive parts and related supplies from May 1, 2022 through March 31, 2023 in an amount not to exceed $10,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
4. Approve the Stadium Manager’s request to utilize referenced cooperative agreements to leverage discounted pricing on B&H’s online marketplace to procure audio visual products and accessories from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
5. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to CDW Government LLC for information technology solutions related to hardware, software, computer equipment, peripherals and accessories from May 1, 2022 through February 28, 2023 in an amount not to exceed $100,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
6. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to Cintas Corporation for purchase of uniforms, brand name apparel, safety footwear, promotional products, facility products, and first aid and supplies from May 1, 2022 through March 31, 2023 in an amount not to exceed $250,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
7. Approve the Stadium Manager’s Request to utilize referenced cooperative agreement to award a purchase order to Fastenal Company for MRO supplies, industrial supplies and related products from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
8. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to Grainger Industrial Supply for MRO supplies, industrial supplies and related products from May 1, 2022 through March 31, 2023 in an amount not to exceed $200,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
9. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to Home Depot U.S.A., Inc. for MRO supplies, industrial supplies and related products from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and
10. Approve the Stadium Manager’s request to utilize referenced cooperative agreement to award a purchase order to Kimball Midwest for MRO supplies, industrial supplies and related products and services from May 1, 2022 through March 31, 2023 in an amount not to exceed $50,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon City of Santa Clara Printed on 5/5/2022Page 5 of 6
powered by Legistar™
22-627 Agenda Date: 5/10/2022
receiving final invoices and supporting documentation from the Stadium Manager.
Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
City of Santa Clara Printed on 5/5/2022Page 6 of 6
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-628 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Request from the Stadium Manager to Award Purchase Orders to Hands Helping Hearts for CPR and First Aid Training and Valley Transportation Authority (VTA) for Construction Access Permit and Related Training; and Authorize Purchases from Pixit for Lost and Found Claims Management Software Subscriptions, IPROVIT for Background Checks Related to VTA Permit, and National Center for Spectator Sports Safety and Security for Annual Membership Renewal
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
DISCUSSION
On April 25, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request approval for the following:
1. Hands Helping Hearts: Award a purchase order to Hands Helping Hearts to provide CPR and first aid training to recertify four instructors and train 90 full and part time Stadium Manager staff to enhance safety and security operations at Levi’s Stadium. The purchase order will be for a three-year term in the amount of $5,408 ($1,750 for Year 1, $1,802 for Year 2 and $1,856 for Year 3), with the term for subsequent fiscal years subject to future budget appropriations.
These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses (Shared Expenses) as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
2. Pixit: Authorize payment for annual lost and found claims management software subscription from Pixit for three users in the amount of $684 for a 12-month period beginning July 2022.
These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non- Compensation Expenses for the Guest Services Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
3. Valley Transportation Agency (VTA): Award a purchase order to VTA for a Construction Access Permit ($3,050) for traffic control measures and related training for twenty Stadium Manager staff ($1,700) in the amount of $4,750. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
4. IPROVIT: Authorize payment to procure required background screening for the VTA Construction Access Permit and shipping for badges for twenty Stadium Manager staff from VTA’s provider IPROVIT for approximately $1,000. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operation Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
City of Santa Clara Printed on 5/5/2022Page 1 of 2
powered by Legistar™
22-628 Agenda Date: 5/10/2022
5. National Center for Spectator Sports Safety and Security: Authorize payment to renew annual membership with the National Center for Spectator Sports Safety and Security in the amount of $595. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Security Department. These expenses are under Legal Contingency in FY 2022/23 Budget.
The Stadium Manager’s memo describes the requests in greater detail. The requests above are Shared Expenses that total $8,779 for FY 2022/23. The Hands Helping Hearts purchase order amounts and term for FYs 2023/24 and 2024/25 are subject to future budget appropriations.
The memo also includes a request for the Jim Wyatt Awards Ceremony, which is discussed in RTCs #22-642 and 22-648.
ATTACHMENTS
1. Stadium Manager’s Recommendation for Award Memo
2. Hands Helping Hearts Purchase Order
3. VTA Purchase Order
City of Santa Clara Printed on 5/5/2022Page 2 of 2
powered by Legistar™
1 Date: April 25, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award for Miscellaneous Acquisitions of Goods and Services, Training and Membership
Recommend approval of the following acquisitions. An explanation and supporting documentation for each request has been provided with the recommendation.
1. CPR and First Aid training - $5,408.15
2. Pixit Claims Management System - $684 for year one
3. Valley Transportation Authority Permit and Training - $4,750 & IPROVIT - $1,000
4. Jim Wyatt Awards Ceremony - $13,100
5. National Center for Spectator Sports Safety and Security Membership - $595
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 4/25/2022
4/25/2022
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
~
DocuSigned by:
~v~
A4B5666F5BF 147D ...
1/DocuSigned by:
L~4~
2 1. CPR and First Aid Training
Stadium Manager is recommending Adult and Pediatric First Aid, CPR, and AED (automated external defibrillator) skills education and certification for ninety full and part time Stadium Manager staff members from various disciplines including but not limited to Stadium Operations, Engineering, Security, Guest Services and Logistics to enhance safety and security operations at Levi’s Stadium. Key personnel are present for daily operations as well as large scale and special events. The stadium is currently staffed with two or more EMT-B or higher level certification medical personnel on a daily basis. Stadium Manager is also recommending a train-the-trainer program to instruct and equip staff to be instructors of Adult and Pediatric First Aid, CPR, and AED skills for the remaining staff and event day personnel. Certifications are required every year.
Training includes:
1. All necessary training materials and resources for stadium medical staff to complete the instructor level training and receive a certificate of completion.
2. All necessary materials and resources for those instructors to conduct ongoing training and award certifications for other stadium personnel with no prior medical experience in both Adult and Pediatric First Aid, CPR, and AED skills.
3. Training equipment - including mannequins and AED trainers - will be provided by the Stadium Operations team.
Hands Helping Hearts has offered to provide training for four instructors to be recertified and train ninety staff with training materials and manuals for the following fees with a 3% increase for each subsequent contract year of the three-year term, with a not to exceed amount of $5,408.15 for all three years combined.
Therefore, approval is sought to issue a Purchase Order to Hands Helping Hearts as referenced below. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority (SCSA) budget for the applicable fiscal year that includes the amounts due under the agreement. Year one – FY 22/23 - $1,749.70
Year two – FY 23/24 - $1,802.19
Year three – FY24/25 - $1,856.26
The cost for this purchase is covered in the FY22/23 SCSA Budget, Stadium Operations.
2. Pixit Claims Management System
Lost and found items are turned in by staff, fans, and guests at our guest service stations throughout the stadium and these items can be retrieved by contacting guest services. The current lost and found property is stored for thirty days in a locked space in storage at the stadium. Items must be identified with specific detail in order to be retrieved. The unclaimed DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A
3 items are disposed after ninety days. Depending on the type of unclaimed item, they are either donated, recycled or destroyed. Items such as passports, driver’s licenses and badges are mailed back after the initial contact is made with the guest.
Stadium Manager currently has a one-year enterprise agreement for Pixit Lost and Found Venue – Premium Plus in an amount not to exceed $2,099 which is expiring on July 14, 2022.
Pixit Lost and Found Venue – Premium Plus is a cloud based solution which allowed us to automate the lost and found system to better serve the customers in a more effective and efficient manner. To date, our past usage data reveals that 746 lost items were logged in Pixit; 564 claims were submitted by patrons; and there were 115 returned items. It has been an effective use of the software.
Pixit has introduced multiple software subscription models changing the name from Lost and Found Venue to Claims Management System. The new Premium subscription features and functionality will cover the needs of the Stadium Manager. Rather than executing an exclusive enterprise agreement, customers can select the appropriate annual subscription fees to be paid in advance or on a monthly basis via a credit card payment. The current annual fee for the Premium Claims Management System is $19 per user per month and Stadium Manager requires three user licenses. Online pricing confirmation can be accessed online at:
https://www.pixithq.com/pricing.
Therefore, approval is sought to procure an annual software subscription for the Premium Claims Management System for three users in the amount of $684 for a 12-month period beginning July 2022. Payment will be made via a credit card online.
Additionally, Stadium Manager also recommends approval to renew the software subscription services on an annual basis for two additional years. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the SCSA budget for the applicable fiscal year that includes the amounts due under the agreement.
The cost for the subsequent years shall be based on the subscription fees established by Pixit.
The cost for this purchase is covered in the FY22/23 SCSA Budget, Guest Services Department.
3. Valley Transportation Authority Permit and Training
Valley Transportation Agency (VTA) operates VTA light rail trains throughout the city of San Jose and surrounding cities along medians and on former railroad tracks. They have exclusive authority over any activities located within VTA properties or facilities, within ten feet of any rail that is part of the VTA Light Rail System, including the Overhead Catenary System, and, that has the potential of affecting VTA property, service or assets. VTA requires a Construction Access Permit be obtained by any person or entity seeking to conduct activities within these designated areas, and requires that background checks be conducted on any staff conducting any permitted activities within the designated areas.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 4 Stadium Manager hosts certain events at Levi’s® Stadium which includes among other things, setting up traffic control measures. The Stadium is located in close proximity to VTA tracks and to a VTA station. Stadium Manager staff, and certain vendors who are contracted with Stadium Manager to deploy traffic controls, will set up fences, barricades, and/or cones around the Stadium for traffic control. Due to the proximity of VTA tracks and station, some of the barricades, fences, and cones will need to be set up within ten feet of the VTA tracks and VTA station. Therefore, Stadium Manager needs to obtain a Construction Access Permit from VTA to set up certain traffic control measures such as barricades, fences, and cones within VTA’s exclusive authorized space.
Prior to granting a Construction Access Permit, VTA requires that any person, whether Stadium Manager staff or contracted vendor personnel, must have a background screening. In addition, VTA requires that all persons who conduct activities in their designated space, must participate in a training program that addresses safety measures required when conducting activities within the designated VTA spaces. Stadium Manager projects that a total of twenty persons are needed to deploy the traffic control measures and therefore all twenty persons must participate in the mandatory VTA training program.
VTA requires that all background screening be conducted by their provider IPROVIT. IPROVIT is contracted by VTA to conduct background checks for any employee working on VTA’s “Right of way” and property. IPROVIT offers quick turnarounds on background checks, and manufactures VTA approved contractor’s badges. IPROVIT offers a professional edition applicant tracking system that is easy to use, and it uses features to help organize and streamline the entire process. IPROVIT requires payment by credit card only and will not accept any other forms of payment. The cost for each background check and shipping the badges is approximately $50 per person for a total amount of $1,000 for twenty staff.
The annual cost of the Construction Access Permit is $3,050 and the annual cost for training is $85 per person for a total amount of $1,700 for twenty Stadium Manager staff. The total cost of the annual permit and training for twenty staff is $4,750.
Therefore, approval is sought to issue a Purchase Order to VTA in the amount of $4,750 and authorize payment via a credit card to IPROVIT for a total not to exceed amount of $1,000.
The costs for this purchase is covered in the FY22/23 SCSA Budget, Stadium Operations.
4. Jim Wyatt Awards Ceremony
The Jim Wyatt Awards Ceremony is a celebration/employee recognition event for Levi’s Stadium Playmakers (customer facing Event Day Staff) who serve in part-time, event day roles to support the operations of Levi’s Stadium. Examples of these positions include but not limited to Parking attendants, Guest Services, Concessions, Medical, Janitorial, Ticketing and Security.
There are approximately 700 Playmakers and the fostering a culture of team work and customer DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A
5 service is a key factor in running Levi’s Stadium as a first class entertainment facility. One component of maintaining that culture is employee recognition. The event is scheduled on May 19, 2022.
To recognize the hard work, commitment, and service of these selected Playmakers, the Jim Wyatt Awards Ceremony is held. There are five different awards given. One nominee from each Playmaker service partner is selected as a nominee for each award and one winner is chosen.
Each nominee is awarded the following: Framed certificate of recognition, $250 VISA gift card, and $100 restaurant gift card.
Each winner is awarded the following: Same as nominee except the VISA gift card is $500 instead of $250 and a ceremonial Levi’s Stadium football is also awarded. One winner is additionally awarded the following: A Golden Heart pin.
One winner is additionally awarded the following: Their name engraved on the Jim Wyatt Award plaque at Levi’s Stadium.
Stadium Manager has a need to procure ceremonial footballs, plaque name plates, award frames, award certificates, pin and various gift cards. The estimated cost for these purchases is $13,100 and Stadium Manager recommends an additional $400 to cover any cost increases for a total amount of $13,500.
Item Possible Vendor Estimated Cost
Ceremonial Footballs – 5 qty. Big Game USA $550
Plaque Name Plate – 1 qty. All Star Awards $200
Award Nominee Gift Cards ($250) – 26 qty. VISA $6,500 Award Winner Gift Cards ($500) - 5 qty. VISA $2,500
Award Certificate Paper – 1 pkg. Amazon $10
Award Frames – 31 qty. Amazon $180
Golden Heart Pin – 1 qty. TBD $60
Restaurant Gift Cards ($100) - 31 qty. Giftcards.com $3,100
Therefore, approval is sought to procure these items from various vendors collectively for a total not to exceed amount of $13,500 with the use of a credit card as a payment method since many of these vendors do not accept other methods of payment.
The cost for these purchases are covered in the FY22/23 SCSA Budget, Guest Services Department.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 6 5. National Center for Spectator Sports Safety and Security
Recommend Stadium Manager renew the membership with National Center for Spectator Sports Safety and Security (NCS4), one of the leading industry and educational programs for Event Safety and Security. One membership covers a maximum of up to five individuals.
The NCS4 supports the advancement of sport safety and security through training and educational programs, research, and outreach activities. The NCS4 collaborates with professional sports leagues, intercollegiate and interscholastic athletics, marathon and endurance events, entertainment facilities, as well as professional associations, private sector firms, and government agencies. It is a critical resource for sport venue managers, event managers, first responders, and other key stakeholders.
Membership benefits include:
Access to the online membership directory which includes the ability to search for Members, view detailed member profiles, and communicate with members Access to join members on community forums/discussion boards A complimentary digital copy of NCS⁴'s official magazine, Game day Security, three times per year
Downloads for all of NCS⁴’s safety and security best practices guides Access to the comprehensive knowledge portal
Product review and product operational exercise reports NCS⁴ Buyer's Guide for products and services
Subscription to the bi-monthly NCS⁴ e-newsletter including Sports Security Watch Webinars, discussions and training opportunities
Members-only discount for the Annual Conference
The annual membership fee is $595. Approval is sought to pay the membership fee with a credit card in the amount of $595.
Additionally, Stadium Manager also recommends approval to renew the membership on an annual basis for two additional years. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the SCSA budget for the applicable fiscal year that includes the amounts due under the agreement. The membership fees for subsequent years shall be based on the amount established by NCS4.
The costs for this purchase is covered in the FY22/23 SCSA Budget, Security Department.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Hands Helping Hearts
403 Sobrato Drive
Campbell, CA 95008
Victoria Bebee
(408) 813-874
XXXX
Blanket Purchase Order Date: XXXXX
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
ATTN: Julian Sakti
4900 Marie P DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Julian Sakti
4949 Marie P DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION:
Alyssa Kutz
Procurement Contracts
Administrator
ITEM
#
DESCRIPTION QTY UNIT
PRICE
TOTAL PRICE
Provide onsite CPR, AED, and First Aid Training for Levi’s Stadium staff personnel along with train-the- trainer program.
The term of this order shall be for a period beginning May 1, 2022 through March 31, 2025 in an amount not to exceed $5,408.15. This Blanket Purchase Order extends beyond a single fiscal year, therefore, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Blanket Purchase Order.
Year 1 – 5/1/2022 to 3/31/2023 $1,749.70
1 Instruction, Student Completion Card and Class Manual 90 $17.73 $1,595.70 2 Instructor Recertification 4 $26.00 $104.00
3 Hands Helping Hearts Management Fee LOT $50.00 $50.00
Year 2 – 4/1/2023 to 3/31/2024 $1,802.19
1 Instruction, Student Completion Card and Class Manual 90 $18.26 $1,643.57 2 Instructor Recertification 4 $26.78 $107.12
3 Hands Helping Hearts Management Fee LOT $51.50 $51.50
Year 3 – 4/1/2024 to 3/31/2025 $1,856.26
1 Instruction, Student Completion Card and Class Manual 90 $18.809 $1,692.88 2 Instructor Recertification 4 $27.58 $110.33
3 Hands Helping Hearts Management Fee LOT $53.05 $53.05
Total Not to Exceed Amount of Blanket Purchase Order $5,408.15
This purchase is subject to the terms and conditions attached and incorporated by reference.
Signature: __________________________________________ Dat e: _________________________
Executive Vice President and General Manager
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Hands Helping Hearts
403 Sobrato Drive
Campbell, CA 95008
Victoria Bebee
(408) 813-874
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Hands Helping Hearts
403 Sobrato Drive
Campbell, CA 95008
Victoria Bebee
(408) 813-874
XXXX
order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Hands Helping Hearts
403 Sobrato Drive
Campbell, CA 95008
Victoria Bebee
(408) 813-874
XXXX
for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Valley Transportation Authority (VTA)
101 W. Younger Drive, Bldg. A-3
San Jose, CA 95110
Email: [email protected]
Phone: (408) 406-6939
XXXX
Purchase Order Date: May 1, 2022
SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
ATTN: Vince Sotto
4900 Marie P DeBartolo Way
Santa Clara, California 95054
BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Vince Sotto
4949 Marie P DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION:
Alyssa Kutz
Procurement Contracts
Administrator
ITEM
#
DESCRIPTION QTY UNIT
PRICE
TOTAL PRICE
Valley Transportation Authority (VTA) shall provide annual Construction Access Permit for a one-year period from May 1, 2022 through April 30, 2023. VTA shall provide training as required by Forty Niners Stadium Management Company LLC (Stadium Manager) once the background screening is completed via IPROVIT, as required by VTA. Stadium Manager shall coordinate with VTA Assistant Superintendent – Transit Communications to schedule mutually agreed upon dates and times for training.
1 Annual Cost for Training 20 $85.00 $1,700.00
2 Annual Construction Access Permit 1 $3,050.00 $3,050.00
Total Amount Due: $4,750.00
This purchase is subject to the terms and conditions attached and incorporated by reference.
Signature: __________________________________________ Dat e: _________________________
Executive Vice President and General Manager
-
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Valley Transportation Authority (VTA)
101 W. Younger Drive, Bldg. A-3
San Jose, CA 95110
Email: [email protected]
Phone: (408) 406-6939
XXXX
LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS
1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.
2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of the essence.
3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.
4. DISCOUNT PERIODS: Intentionally left blank.
5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.
6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of such goods.
7. WARRANTIES: Vendor represents and maintains that it has the expertise in the professional calling necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and Stadium Manager expressly relies upon Vendor’s representations regarding its skills and knowledge. Vendor 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. Vendor warrants that all goods and services shall be delivered or performed free of all liens, claims, security interest or encumbrances, will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect. Vendor assumes design responsibility, and warrants that all goods shall be delivered or performed free of design defect and suitable for the purposes intended by Stadium Manager, and that neither purchase, use or resale, nor delivery or performance thereof shall violate any patent, copyright or similar rights. Vendor’s warranties shall run to Stadium Manager and shall not be deemed to be exclusive. Vendor agrees to promptly replace or correct any incomplete, inaccurate or defective goods or services at no further cost to Stadium Manager when defects are due to the negligence, errors or omissions of Vendor.
8. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within ten (10) calendar days of receipt of the Stadium Manager’s notice of change.
An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Failure of Vendor to submit the statement within the time limit shall constitute its consent to perform the change without increase in compensation or time for performance. Changes may only be made in writing.
9. TERMINATION FOR DEFAULT OR CONVENIENCE: Stadium Manager may, by written notice, terminate this purchase order in whole or in part for default: (i) if Vendor fails to timely deliver the goods, or perform the services, or if no time is specified, within a reasonable time; (ii) if the goods delivered or services performed are incorrect or unsatisfactory; (iii) if Vendor fails to perform any of the other provisions of this purchase order, or so fails to make progress as to endanger performance of this purchase -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Valley Transportation Authority (VTA)
101 W. Younger Drive, Bldg. A-3
San Jose, CA 95110
Email: [email protected]
Phone: (408) 406-6939
XXXX
order; or (iv) if the Vendor becomes insolvent. If this purchase order is terminated for default, Stadium Manager, in addition to all other rights afforded by law, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the goods or services cancelled from another source exceed the compensation specified herein, and Stadium Manager may offset any such charge against any amounts which had or may become payable to Vendor under this purchase order or otherwise. Stadium Manager may, by not less than thirty (30) days written notice to Vendor, terminate this purchase order without cause or penalty.
10. INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, VENDOR AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS STADIUM MANAGER, ITS AFFILIATES, THE CITY OF SANTA CLARA, THE SANTA CLARA
STADIUM AUTHORITY, AND EACH OF THEIR OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), AGAINST ANY CLAIM, LOSS OR LIABILITY (COLLECTIVELY, “CLAIMS”), INCLUDING
WITHOUT LIMITATION CLAIMS FOR INJURIES OR DEATH TO PERSONS OR DAMAGE TO OR DESTRUCTION OF
PROPERTY, INCLUDING ECONOMIC LOSS, CAUSED BY OR RESULTING FROM THE ACTS OR OMISSIONS OF
VENDOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS PURCHASE ORDER, OR THE BREACH BY VENDOR OF ANY OF ITS OBLIGATIONS UNDER THIS PURCHASE ORDER.
VENDOR’S OBLIGATION TO PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS, SHALL SPECIFICALLY
EXTEND TO ANY AND ALL EMPLOYMENT- RELATED CLAIMS OF ANY TYPE BROUGHT BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR OTHER AGENTS OF VENDOR. CONTRACTOR WARRANTS THAT IT IS MEETING ITS OBLIGATIONS UNDER THE AFFORDABLE CARE ACT (“ACT”) AND/OR ANY OTHER SIMILAR
FEDERAL OR STATE LAW, AND WILL FULLY INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY PENALTIES, FINES, ADVERSE RULINGS, OR TAX PAYMENTS ASSOCIATED WITH VENDOR’S RESPONSIBILITIES UNDER THE ACT.
11. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.
12. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.
13. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be 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 Division.
14. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee.
15. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.
Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.
17. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.
18. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected at Vendor’s business location.
19. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant -
Stadium Manager: Vendor: Purchase Order:
Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Valley Transportation Authority (VTA)
101 W. Younger Drive, Bldg. A-3
San Jose, CA 95110
Email: [email protected]
Phone: (408) 406-6939
XXXX
for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
20. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.
Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
21. SEVERABILITY: 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.
-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-629 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report from the Stadium Authority for Action on Stadium Manager’s Request to Award Purchase Orders to Hands Helping Hearts for CPR and First Aid Training and Valley Transportation Authority (VTA) for Construction Access Permit and Related Training; and Approve Purchases from Pixit for Lost and Found Claims Management Software Subscriptions, IPROVIT for Background Checks Related to VTA Permit, and National Center for Spectator Sports Safety and Security for Annual Membership Renewal
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.
As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.
The Stadium Manager is requesting approval for the following:
1. Hands Helping Hearts: Award a purchase order to Hands Helping Hearts to provide CPR and first aid training to recertify four instructors and train 90 full and part time Stadium Manager staff to enhance safety and security operations at Levi’s Stadium. The purchase order will be for a three-year term in the amount of $5,408 ($1,750 for Year 1, $1,802 for Year 2 and $1,856 for Year 3), with the term for subsequent fiscal years subject to future budget appropriations.
These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses (Shared Expenses) as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
2. Pixit: Authorize payment for annual lost and found claims management software subscription from Pixit for three users in the amount of $684 for a 12-month period beginning July 2022.
City of Santa Clara Printed on 5/5/2022Page 1 of 4
powered by Legistar™
22-629 Agenda Date: 5/10/2022
These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non- Compensation Expenses for the Guest Services Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
3. Valley Transportation Agency (VTA): Award a purchase order to VTA for a Construction Access Permit ($3,050) for traffic control measures and related training for twenty Stadium Manager staff ($1,700) in the amount of $4,750. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
4. IPROVIT: Authorize payment in the amount of $1,000 to procure required background screening for the VTA Construction Access Permit and shipping for badges for twenty Stadium Manager staff from VTA’s provider IPROVIT. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
5. National Center for Spectator Sports Safety and Security: Authorize payment in the amount of $595 for annual membership renewal with the National Center for Spectator Sports Safety and Security. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Security Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.
The requests above are Shared Expenses that total $8,779 for FY 2022/23. Chapter 17.30.070 states that, “Except for reserved purchase order numbers assigned by the purchasing officer, the purchasing officer shall not issue any purchase order or award any contract for supplies, materials, or equipment unless there exists an unencumbered appropriation in the proper account of the Stadium Authority to which the purchase is to be charged.” The Hands Helping Hearts purchase order spans over multiple fiscal years; however the Stadium Manager stated in their Recommendation for Award memo that the term for subsequent fiscal years will be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts under the purchase order. The purchase order also includes that language.
DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo (attached to corresponding report #22-628), purchase orders, and supporting procurement documentation that was submitted for the requests for consistency with the Stadium Authority Procurement Policy and is recommending approval of the Stadium Manager’s request to award purchase orders to Hands Helping Hearts and VTA and purchases from Pixit, IPROVIT, and National Center for Spectator Sports Safety and Security. The Stadium Authority will require full supporting documentation before respectively releasing public funds upon procurement of the described services, subscriptions, permits, and membership. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.
ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California City of Santa Clara Printed on 5/5/2022Page 2 of 4
powered by Legistar™
22-629 Agenda Date: 5/10/2022
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 a reasonably foreseeable indirect physical change in the environment or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains Legal Contingency for Shared Expenses from Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping Departments. As part of its March 15, 2022 approval of the Stadium Authority FY 2022/23 Operating, Debt Service, and Capital Budget, the Stadium Authority Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentation for costs.
There are sufficient funds in the FY 2022/23 Legal Contingency to cover the Stadium Authority’s portion of the $8,779 for purchases from Pixit ($684), IPROVIT ($1,000) and National Center for Spectator Sports Safety and Security ($595) and purchase orders with Hands Helping Hearts ($1,750 for Year One in FY 2022/23) and VTA ($4,750).Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC per the Management Agreement. The Office of the Executive Director or Treasurer will approve budget amendments to reallocate funds from Legal Contingency to Shared Expenses that are described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate supporting documentation for costs.
It is noted in the Recommendation for Award memo that the Hands Helping Heart purchase order’s term for subsequent years are subject to the approval of the Stadium Authority Board for the applicable fiscal year that include the amounts due under the agreement.
COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Stadium Authority Counsel and Treasurer’s Offices.
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].
RECOMMENDATION
1. Approve the Stadium Manager’s request to award a purchase order to Hands Helping Hearts for CPR and first aid training for a three-year term and in the amount of $5,408, subject to future budget appropriations, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
2. Approve the Stadium Manager’s request to purchase an annual lost and found claims management software subscription for three users from Pixit in the amount of $684, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; City of Santa Clara Printed on 5/5/2022Page 3 of 4
powered by Legistar™
22-629 Agenda Date: 5/10/2022
3. Approve the Stadium Manager’s request to award a purchase order to VTA for a Construction Access Permit and related training for Stadium Manager staff in the amount of $4,750, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
4. Approve the Stadium Manager’s request to purchase background screening for the VTA Construction Access Permit and shipping for badges from IPROVIT in the amount of $1,000, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and
5. Approve the Stadium Manager’s request to purchase an annual membership renewal from the National Center for Spectator Sports Safety and Security in the amount of $595, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.
Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Rajeev Batra, Executive Director
City of Santa Clara Printed on 5/5/2022Page 4 of 4
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-642 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Request from the Stadium Manager to Authorize Service Award Purchases for Annual Employee Recognition Event, the Jim Wyatt Award Ceremony
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
DISCUSSION
On April 25, 2022, the Stadium Manager submitted the attached Recommendation for Award memo to request approval to expend up to $13,500 for an upcoming May 19, 2022 annual employee recognition event, the Jim Wyatt Awards Ceremony, to recognize Levi’s Stadium Playmakers who serve in part-time, event day roles to support Levi’s Stadium operations for NFL and Non-NFL events.
The purchases are for service award items such as ceremonial footballs ($550), plaque ($200), gift cards ($9,850), award certificates ($10), award frames ($180), and award pin ($60). These costs are estimated at $13,100 and the Stadium Manager recommends providing approval of an additional $400 to cover any cost increases for a total of $13,500. These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Expenses as Non-Compensation Expenses for the Guest Services Department and are under Legal Contingency in FY 2022/23 Budget.
The Stadium Manager’s memo describes the request and the employee recognition event in greater detail. The memo also includes other requests that are covered in RTCs #22-628 and 22-629. On April 26, staff and the Stadium Manager discussed the request and the Stadium Manager subsequently provided additional information on the event.
ATTACHMENTS
1. Stadium Manager’s Recommendation for Award Memo
2. Additional Information Provided by Stadium Manager
City of Santa Clara Printed on 5/5/2022Page 1 of 1
powered by Legistar™
1 Date: April 25, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award for Miscellaneous Acquisitions of Goods and Services, Training and Membership
Recommend approval of the following acquisitions. An explanation and supporting documentation for each request has been provided with the recommendation.
1. CPR and First Aid training - $5,408.15
2. Pixit Claims Management System - $684 for year one
3. Valley Transportation Authority Permit and Training - $4,750 & IPROVIT - $1,000
4. Jim Wyatt Awards Ceremony - $13,100
5. National Center for Spectator Sports Safety and Security Membership - $595
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 4/25/2022
4/25/2022
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
~
DocuSigned by:
~v~
A4B5666F5BF 147D ...
1/DocuSigned by:
L~4~
2 1. CPR and First Aid Training
Stadium Manager is recommending Adult and Pediatric First Aid, CPR, and AED (automated external defibrillator) skills education and certification for ninety full and part time Stadium Manager staff members from various disciplines including but not limited to Stadium Operations, Engineering, Security, Guest Services and Logistics to enhance safety and security operations at Levi’s Stadium. Key personnel are present for daily operations as well as large scale and special events. The stadium is currently staffed with two or more EMT-B or higher level certification medical personnel on a daily basis. Stadium Manager is also recommending a train-the-trainer program to instruct and equip staff to be instructors of Adult and Pediatric First Aid, CPR, and AED skills for the remaining staff and event day personnel. Certifications are required every year.
Training includes:
1. All necessary training materials and resources for stadium medical staff to complete the instructor level training and receive a certificate of completion.
2. All necessary materials and resources for those instructors to conduct ongoing training and award certifications for other stadium personnel with no prior medical experience in both Adult and Pediatric First Aid, CPR, and AED skills.
3. Training equipment - including mannequins and AED trainers - will be provided by the Stadium Operations team.
Hands Helping Hearts has offered to provide training for four instructors to be recertified and train ninety staff with training materials and manuals for the following fees with a 3% increase for each subsequent contract year of the three-year term, with a not to exceed amount of $5,408.15 for all three years combined.
Therefore, approval is sought to issue a Purchase Order to Hands Helping Hearts as referenced below. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority (SCSA) budget for the applicable fiscal year that includes the amounts due under the agreement. Year one – FY 22/23 - $1,749.70
Year two – FY 23/24 - $1,802.19
Year three – FY24/25 - $1,856.26
The cost for this purchase is covered in the FY22/23 SCSA Budget, Stadium Operations.
2. Pixit Claims Management System
Lost and found items are turned in by staff, fans, and guests at our guest service stations throughout the stadium and these items can be retrieved by contacting guest services. The current lost and found property is stored for thirty days in a locked space in storage at the stadium. Items must be identified with specific detail in order to be retrieved. The unclaimed DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A
3 items are disposed after ninety days. Depending on the type of unclaimed item, they are either donated, recycled or destroyed. Items such as passports, driver’s licenses and badges are mailed back after the initial contact is made with the guest.
Stadium Manager currently has a one-year enterprise agreement for Pixit Lost and Found Venue – Premium Plus in an amount not to exceed $2,099 which is expiring on July 14, 2022.
Pixit Lost and Found Venue – Premium Plus is a cloud based solution which allowed us to automate the lost and found system to better serve the customers in a more effective and efficient manner. To date, our past usage data reveals that 746 lost items were logged in Pixit; 564 claims were submitted by patrons; and there were 115 returned items. It has been an effective use of the software.
Pixit has introduced multiple software subscription models changing the name from Lost and Found Venue to Claims Management System. The new Premium subscription features and functionality will cover the needs of the Stadium Manager. Rather than executing an exclusive enterprise agreement, customers can select the appropriate annual subscription fees to be paid in advance or on a monthly basis via a credit card payment. The current annual fee for the Premium Claims Management System is $19 per user per month and Stadium Manager requires three user licenses. Online pricing confirmation can be accessed online at:
https://www.pixithq.com/pricing.
Therefore, approval is sought to procure an annual software subscription for the Premium Claims Management System for three users in the amount of $684 for a 12-month period beginning July 2022. Payment will be made via a credit card online.
Additionally, Stadium Manager also recommends approval to renew the software subscription services on an annual basis for two additional years. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the SCSA budget for the applicable fiscal year that includes the amounts due under the agreement.
The cost for the subsequent years shall be based on the subscription fees established by Pixit.
The cost for this purchase is covered in the FY22/23 SCSA Budget, Guest Services Department.
3. Valley Transportation Authority Permit and Training
Valley Transportation Agency (VTA) operates VTA light rail trains throughout the city of San Jose and surrounding cities along medians and on former railroad tracks. They have exclusive authority over any activities located within VTA properties or facilities, within ten feet of any rail that is part of the VTA Light Rail System, including the Overhead Catenary System, and, that has the potential of affecting VTA property, service or assets. VTA requires a Construction Access Permit be obtained by any person or entity seeking to conduct activities within these designated areas, and requires that background checks be conducted on any staff conducting any permitted activities within the designated areas.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 4 Stadium Manager hosts certain events at Levi’s® Stadium which includes among other things, setting up traffic control measures. The Stadium is located in close proximity to VTA tracks and to a VTA station. Stadium Manager staff, and certain vendors who are contracted with Stadium Manager to deploy traffic controls, will set up fences, barricades, and/or cones around the Stadium for traffic control. Due to the proximity of VTA tracks and station, some of the barricades, fences, and cones will need to be set up within ten feet of the VTA tracks and VTA station. Therefore, Stadium Manager needs to obtain a Construction Access Permit from VTA to set up certain traffic control measures such as barricades, fences, and cones within VTA’s exclusive authorized space.
Prior to granting a Construction Access Permit, VTA requires that any person, whether Stadium Manager staff or contracted vendor personnel, must have a background screening. In addition, VTA requires that all persons who conduct activities in their designated space, must participate in a training program that addresses safety measures required when conducting activities within the designated VTA spaces. Stadium Manager projects that a total of twenty persons are needed to deploy the traffic control measures and therefore all twenty persons must participate in the mandatory VTA training program.
VTA requires that all background screening be conducted by their provider IPROVIT. IPROVIT is contracted by VTA to conduct background checks for any employee working on VTA’s “Right of way” and property. IPROVIT offers quick turnarounds on background checks, and manufactures VTA approved contractor’s badges. IPROVIT offers a professional edition applicant tracking system that is easy to use, and it uses features to help organize and streamline the entire process. IPROVIT requires payment by credit card only and will not accept any other forms of payment. The cost for each background check and shipping the badges is approximately $50 per person for a total amount of $1,000 for twenty staff.
The annual cost of the Construction Access Permit is $3,050 and the annual cost for training is $85 per person for a total amount of $1,700 for twenty Stadium Manager staff. The total cost of the annual permit and training for twenty staff is $4,750.
Therefore, approval is sought to issue a Purchase Order to VTA in the amount of $4,750 and authorize payment via a credit card to IPROVIT for a total not to exceed amount of $1,000.
The costs for this purchase is covered in the FY22/23 SCSA Budget, Stadium Operations.
4. Jim Wyatt Awards Ceremony
The Jim Wyatt Awards Ceremony is a celebration/employee recognition event for Levi’s Stadium Playmakers (customer facing Event Day Staff) who serve in part-time, event day roles to support the operations of Levi’s Stadium. Examples of these positions include but not limited to Parking attendants, Guest Services, Concessions, Medical, Janitorial, Ticketing and Security.
There are approximately 700 Playmakers and the fostering a culture of team work and customer DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A
5 service is a key factor in running Levi’s Stadium as a first class entertainment facility. One component of maintaining that culture is employee recognition. The event is scheduled on May 19, 2022.
To recognize the hard work, commitment, and service of these selected Playmakers, the Jim Wyatt Awards Ceremony is held. There are five different awards given. One nominee from each Playmaker service partner is selected as a nominee for each award and one winner is chosen.
Each nominee is awarded the following: Framed certificate of recognition, $250 VISA gift card, and $100 restaurant gift card.
Each winner is awarded the following: Same as nominee except the VISA gift card is $500 instead of $250 and a ceremonial Levi’s Stadium football is also awarded. One winner is additionally awarded the following: A Golden Heart pin.
One winner is additionally awarded the following: Their name engraved on the Jim Wyatt Award plaque at Levi’s Stadium.
Stadium Manager has a need to procure ceremonial footballs, plaque name plates, award frames, award certificates, pin and various gift cards. The estimated cost for these purchases is $13,100 and Stadium Manager recommends an additional $400 to cover any cost increases for a total amount of $13,500.
Item Possible Vendor Estimated Cost
Ceremonial Footballs – 5 qty. Big Game USA $550
Plaque Name Plate – 1 qty. All Star Awards $200
Award Nominee Gift Cards ($250) – 26 qty. VISA $6,500 Award Winner Gift Cards ($500) - 5 qty. VISA $2,500
Award Certificate Paper – 1 pkg. Amazon $10
Award Frames – 31 qty. Amazon $180
Golden Heart Pin – 1 qty. TBD $60
Restaurant Gift Cards ($100) - 31 qty. Giftcards.com $3,100
Therefore, approval is sought to procure these items from various vendors collectively for a total not to exceed amount of $13,500 with the use of a credit card as a payment method since many of these vendors do not accept other methods of payment.
The cost for these purchases are covered in the FY22/23 SCSA Budget, Guest Services Department.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A 6 5. National Center for Spectator Sports Safety and Security
Recommend Stadium Manager renew the membership with National Center for Spectator Sports Safety and Security (NCS4), one of the leading industry and educational programs for Event Safety and Security. One membership covers a maximum of up to five individuals.
The NCS4 supports the advancement of sport safety and security through training and educational programs, research, and outreach activities. The NCS4 collaborates with professional sports leagues, intercollegiate and interscholastic athletics, marathon and endurance events, entertainment facilities, as well as professional associations, private sector firms, and government agencies. It is a critical resource for sport venue managers, event managers, first responders, and other key stakeholders.
Membership benefits include:
Access to the online membership directory which includes the ability to search for Members, view detailed member profiles, and communicate with members Access to join members on community forums/discussion boards A complimentary digital copy of NCS⁴'s official magazine, Game day Security, three times per year
Downloads for all of NCS⁴’s safety and security best practices guides Access to the comprehensive knowledge portal
Product review and product operational exercise reports NCS⁴ Buyer's Guide for products and services
Subscription to the bi-monthly NCS⁴ e-newsletter including Sports Security Watch Webinars, discussions and training opportunities
Members-only discount for the Annual Conference
The annual membership fee is $595. Approval is sought to pay the membership fee with a credit card in the amount of $595.
Additionally, Stadium Manager also recommends approval to renew the membership on an annual basis for two additional years. Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the SCSA budget for the applicable fiscal year that includes the amounts due under the agreement. The membership fees for subsequent years shall be based on the amount established by NCS4.
The costs for this purchase is covered in the FY22/23 SCSA Budget, Security Department.
DocuSign Envelope ID: 88DE024F-AD75-4D53-9F1B-1554C889433A From: Mercurio, Jim
To: Ruth Shikada; Christine Jung
Cc: Mercurio, Jim
Subject: RE: Recommendation for Award for Miscellaneous Acquisitions Date: Tuesday, April 26, 2022 5:55:26 PM
Attachments: image001.png
image004.png
image002.png
Hi Ruth & Christine:
Thank you for the call today. I wanted to follow up with you on the few questions you raised regarding The Jim Wyatt Service Award Ceremony.
1). As stated previously in the submitted Recommendation for Award, these purchases are covered in the approved FY22/23 SCSA Budget, Guest Services and total $13,100 with a request NTE $13,500.
2). As we discussed on the call, the service awards have dated back to the inaugural season and took place each season since. They help serve in the capacity as an employee recognition & retention program.
3). With respect to your question regarding what the estimated total cost of the ceremony inclusive of F&B might be……We estimate that the total cost is less than $20K; shared 50/50 with the 49ers & SCSA. The F & B costs are budgeted, too, but were not included in the submitted Recommendation for Award due to the established Levy agreement already in place.
Let us know if you have any additional questions. Thank you in advance for placing these submitted requests on the May 10 agenda for consideration and approval.
Again, thanks.
JIM
JIM MERCURIO
Executive Vice President & General Manager
Forty Niners Stadium Management Company
T 408.562-4944 | M 650 642-4909
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
■
From: Mercurio, Jim
Sent: Tuesday, April 26, 2022 2:38 PM
To: Ruth Shikada <[email protected]>; Christine Jung <[email protected]> Subject: RE: Recommendation for Award for Miscellaneous Acquisitions
Sure. Still have time today?
JIM
From: Ruth Shikada <[email protected]
>
Sent: Tuesday, April 26, 2022 7:17 AM
To: Christine Jung <[email protected]>; Mercurio, Jim <[email protected]> Subject: RE: Recommendation for Award for Miscellaneous Acquisitions
Jim:
If the three of us could get on a quick call (15 minutes) so that we can understand more background and have some more contextual information regarding the event and the proposed SCSA expenditure. This would be very helpful for us to evaluate the request and then to prepare the appropriate documentation for Board review/approval.
Today is not great for me but maybe tomorrow afternoon?
Thanks,
Ruth
From: Christine Jung <[email protected]
>
Sent: Monday, April 25, 2022 4:45 PM
To: Mercurio, Jim <[email protected]>
Cc: Rajeev Batra <[email protected]>; Ruth Shikada <[email protected]> Subject: RE: Recommendation for Award for Miscellaneous Acquisitions
Hi Jim,
We received your Recommendation for Award memo and had a few questions regarding the Jim Wyatt Awards Ceremony. Can you please let us know how long the ceremony has been held, and the total cost of the ceremony?
We are aiming to get these requests on the May 10 agenda so your prompt response would be greatly appreciated.
Thank you,
Christine Jung | Assistant to the Executive Director
1500 Warburton Avenue | Santa Clara, CA 95050
D: 408.615.2218 | www.santaclaraca.gov/scsa
From: Mercurio, Jim <[email protected]>
Sent: Monday, April 25, 2022 12:36 PM
To: Christine Jung <[email protected]>; Ruth Shikada <[email protected]> Cc: Rajeev Batra <[email protected]>; Mercurio, Jim <[email protected]> Subject: Recommendation for Award for Miscellaneous Acquisitions
Hi Christine, Hello Ruth:
Attached is a recommendation for award for miscellaneous goods & services, training, and membership with supporting documentation.
Please review and forward to the Board for approval.
Once approved, we will execute the purchase orders and send a copy to you.
Thanks,
JIM
JIM MERCURIO
Executive Vice President & General Manager
Forty Niners Stadium Management Company
T 408.562-4944 | M 650 642-4909
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
Bl
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-648 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report from the Stadium Authority for Action on Stadium Manager’s Request to Authorize Service Award Purchases for Annual Employee Recognition Event, the Jim Wyatt Awards Ceremony
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.
As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.
The Stadium Manager is requesting approval to make purchases up to $13,500 for an upcoming May 19, 2022 annual employee recognition event, the Jim Wyatt Awards Ceremony, to recognize Levi’s Stadium Playmakers who serve in part-time, event day roles to support Levi’s Stadium operations for NFL and Non-NFL events.
The purchases are for service award items such as ceremonial footballs ($550), plaque ($200), gift cards ($9,850), award certificates ($10), award frames ($180), and award pin ($60). These costs are estimated at $13,100 and the Stadium Manager recommends providing approval of an additional $400 to cover any cost increases for a total of $13,500. These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Expenses as Non-Compensation Expenses for the Guest Services Department and are under Legal Contingency in FY 2022/23 Budget.
DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo (attached to corresponding report #22-642) that was submitted for the request. On April 26, staff and the Stadium Manager discussed the request and the Stadium Manager subsequently provided additional information on the event, which has occurred annually since the inaugural season.
City of Santa Clara Printed on 5/5/2022Page 1 of 3
powered by Legistar™
22-648 Agenda Date: 5/10/2022
As described in the Stadium Manager’s memo, Levi’s Stadium Playmakers are customer facing event day staff who serve in part-time, event day roles to support the operations of Levi’s Stadium for both NFL and Non-NFL events. These include positions such as parking attendees, Guest Services, concessions, medical, janitorial, ticketing and security staff. The Jim Wyatt Awards Ceremony is held annually to recognize the hard work, commitment, and service of these Levi’s Stadium Playmakers.
As part of the event, nominees and winner are selected and provided recognition certificates, gift cards, ceremonial footballs (specific to five winners only), Golden Heart Pin (specific to one winner only), and/or plaque (specific to one winner only). Employee recognition events like the Jim Wyatt Award Ceremony help employees feel valued and provide motivation to continue great work.
Staff recommends approval of the Stadium Manager’s request to procure the described service award items for the Jim Wyatt Awards Ceremony. The Stadium Authority will require full supporting documentation before respectively releasing public funds upon procurement of the described services, subscriptions, permits, and membership. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.
ENVIRONMENTAL REVIEW
The actions being considered do 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 a reasonably foreseeable indirect physical change in the environment or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains Legal Contingency for Shared Stadium Expenses from Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping Departments. As part of its March 15, 2022 approval of the Stadium Authority FY 2022/23 Operating, Debt Service, and Capital Budget, the Stadium Authority Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Stadium Expenses after the review of adequate documentation for costs.
There are sufficient funds in the FY 2022/23 Legal Contingency to cover the Stadium Authority’s portion of the $13,500 for the described service award items, approximately $6,750. Shared Stadium Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC (StadCo) per the Management Agreement. The Office of the Executive Director or Treasurer will approve a budget amendment to reallocate up to $13,500 from Legal Contingency to Shared Stadium Expenses for the Guest Services Department upon the Board’s approval of staff’s recommendations and after the review of adequate supporting documentation for costs.
As explained in the Stadium Manager’s subsequent email, there are additional food and beverage costs for the event (up to $6,500) that are covered under the Stadium Manager’s existing concessionaire agreement with Levy. Those costs will also be split between the Stadium Authority and StadCo for the event. The total cost of the event is estimated at no more than $20,000, therefore the Stadium Authority’s share of this expense will not exceed $10,000.
City of Santa Clara Printed on 5/5/2022Page 2 of 3
powered by Legistar™
22-648 Agenda Date: 5/10/2022
COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.
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].
RECOMMENDATION
1. Approve the Stadium Manager’s request to purchase described service award items in an amount not to exceed $13,500 for the Jim Wyatt Awards Ceremony to recognize Levi’s Stadium Playmakers who staff NFL and Non-Event events, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.
Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Rajeev Batra, Executive Director
City of Santa Clara Printed on 5/5/2022Page 3 of 3
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-680 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Request from the Stadium Manager to Incur Charges for the May 24-26, 2022 Innovative Institute for Fan Experience Conference in Las Vegas, NV, June 8-10, 2022 InfoComm Conference in Las Vegas, NV, June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL, February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be Determined), and May 10-13, 2022 National Football League Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
DISCUSSION
On May 5, 2022, the Stadium Manager submitted an Authorization for Travel memo for the following travel and conference requests:
1. May 24-26, 2022 Innovative Institute for Fan Experience (IIFX) Conference in Las Vegas, NV: Authorization to incur charges up to $13,400 to cover dues and subscription/registrations fees ($2,800) and travel costs including hotel, airfare and meals ($10,600) for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Security Department and are under Legal Contingency in the FY 2022/23 Budget.
2. June 8-10, 2022 InfoComm Conference in Las Vegas, NV: Authorization to incur charges up to $9,800 to cover travel costs for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
3. June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL: Authorization to incur charges up to $11,600 to cover dues and subscriptions/registrations fees ($1,000) and travel costs including hotel, airfare and meals ($10,600) for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
4. February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be Determined): Authorization to incur charges up to $10,600 to cover travel costs including hotel, airfare and meals for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non- City of Santa Clara Printed on 5/6/2022Page 1 of 2
powered by Legistar™
22-680 Agenda Date: 5/10/2022
Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
5. May 10-13, 2022 National Football League (NFL) Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.: Authorization to incur charges up to $13,650 to cover travel costs for up to six Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
The Stadium Manager’s email describes these operational and security conferences in more detail in the attached memo (Attachment 1). At the time of writing this report, the Stadium Authority is requesting the Stadium Manager to confirm the travel costs for these requests will follow the Stadium Manager’s Business Expense Reimbursement Policy (Attachment 2). The Stadium Manager has consistently confirmed that travel expenses would follow the Policy in the past for previous requests.
If there are any alcohol expenses, the Stadium Authority would not reimburse for those costs as these conferences are related to training. The requests above are Shared Stadium Manager Expenses totaling a not to exceed amount of $59,050 for FY 2022/23. Shared Stadium Manager Expenses are split between the Stadium Authority and the Forty Niners SC Stadium Company LLC per the Management Agreement.
ATTACHMENTS
1. Stadium Manager’s Authorization for Travel Memo
2. Stadium Manager’s Business Expense Reimbursement Policy City of Santa Clara Printed on 5/6/2022Page 2 of 2
powered by Legistar™
1 Date: April 23, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Julian Sakti
Director, Stadium Operations and Logistics
Subject: Authorization for Travel to Venue Operations and Security Conferences
Forty Niners Stadium Management Company LLC (Stadium Manager) requests approval from the Santa Clara Stadium Authority (SCSA) for representatives from various departments including Stadium Operations, Safety and Security, Guest Services, and Audio Visual to travel and attend operational and security conferences listed below. Attending these conferences to review and share best practices of all aspects of venue operation across the country is vital to staying relevant and on the cutting edge of new technologies and applications that can improve efficiency and overall stadium and event operations.
1. IIFX Conference
The Innovation Institute for Fan Experience will host an international conference, “Innovative Changes Driving the Fan Experience in the Sports & Entertainment Industry”, May 24-26, 2022, at Caesars Palace, Las Vegas. The focus of the conference is to explore ways to create conditions for success to help sports and entertainment organizations complete their mission, achieve their objectives, and build resilience by focusing on fan engagement and behavior, approaches to health, safety and security, post pandemic workforce, and businesses models. https://fancentric.iifx.org/
We are requesting authorization to incur charges up to $13,400 to cover registration fees and travel expenses for up to four Stadium Manager employees.
Dues and Subscriptions/Registration Fees: $2,800.00
Travel Costs (Hotel, Airfare, Meals): $10,600.00
Total: $13,400.00
The funds for the registration and travel expenses are in the FY 22/23 SCSA Budget, Security.
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
2 2. InfoComm
InfoComm is a conference/ trade show for Audio Video and other technical staff. This conference is an opportunity to see new products, attend specialized AV trainings, and grow professional networks. The conference is in Las Vegas on June 8-10, 2022. https://www.infocommshow.org/
We are requesting authorization to incur charges up to $9,800 to cover registration fees and travel expenses for up to four Stadium Manager employees.
Dues and Subscriptions/Registration Fees: 0
Travel Costs: $9,800.00
Total: $9,800.00
The funds for the registration and travel expenses are in the FY 22/23 SCSA Budget, Stadium Operations.
3. NCS4 Conference
The NCS⁴ (National Center for Spectator Sports Safety and Security) is hosting its annual National Sports Safety and Security Conference & Exhibition on June 28-30, 2022 to collaborate with safety and security professionals on current practices, technologies, products, services, and future strategies to safeguard assets and spectators.
The conference typically attracts more than 450 attendees each year. Participants include sports venue and event operators, managers, security and safety staff, first responders, guest services and law enforcement from professional sports and entertainment facilities, intercollegiate athletics, interscholastic athletics, and marathon and endurance events. https://ncs4.usm.edu/
We are requesting authorization to incur charges up to $11,600 to cover registration fees and travel expenses for up to four Stadium Manager employees.
Dues and Subscriptions/Registration Fees: $1,000.00
Travel Costs (Hotel, Airfare, Meals): $10,600.00
Total: $11,600.00
The funds for the registration and travel expenses are in the FY 22/23 SCSA Budget, Stadium Operations.
3 4. NCS4 Forum
The NCS⁴ hosts annual forums across the United States to address the key critical safety and security challenges facing industry professionals in their specific fields. The NCS⁴ recognizes the inherent need for providing effective safety and security measures for various types of sports and entertainment events. Venue and event management professionals face an ever- changing environment and unique challenges in implementing safety and security best practices.
Forums are hosted for the following industries: Professional, Intercollegiate, Interscholastic, Marathon and Endurance Events, and Entertainment Facilities. These forums bring industry professionals together to discuss industry-specific issues, challenges, lessons learned, and strategies to improve their safety and security posture. The NCS⁴ Best Practices Guides are produced in collaboration with these events and the stakeholders in attendance. The forum is expected to be held in February 2023 with exact date and location TBD. https://ncs4.usm.edu/
We are requesting authorization to incur charges up to $10,600 to cover registration fees and travel expenses for up to four Stadium Manager employees.
Dues and Subscriptions/Registration Fees: $0.00 (paid for above) Travel Costs (Hotel, Airfare, Meals): $10,600.00
Total: $10,600.00
The funds for the registration and travel expenses are in the FY 22/23 SCSA Budget, Stadium Operations.
5. NFL Guest Services and Security Conference
The 2022 NFL Guest Services and Facility Operations Workshop will be held in on May 10-11, 2022 in Washington D.C. The workshop features nine presentations and two interactive sessions developed by the Guest Services and Facility Operations Working Groups and hosted by the NFL Guest Services and Facility Operations Committee. The workshop is a terrific opportunity for personnel to share, learn, brainstorm, and collaborate with one another as we look back briefly at 2021 and enter the 2022 season event season.
The Security Conference will take place May 11- 13, 2022 and will be primarily focused on Stadium Security Best Practices and Guest Conduct Best Practices.
We are requesting authorization to incur charges up to $13,650 to cover registration fees and travel expenses for up to six Stadium Manager employees. Some will attend both conferences while others only the Guest Services portion.
Dues and Subscriptions/Registration Fees: 0
4 Travel Costs: $13,650.00
Total: $13,650.00
The funds for the registration and travel expenses are in the FY 22/23 SCSA Budget, Stadium Operations.
Submitted By: __________________________________ Date: ___________________ Julian Sakti, Director, Stadium Operations and Logistics
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager
DocuSigned by :
~~
F9E7B48B632D44D ...
1/DocuSigned by:
L~4~
Business Expense Reimbursement Policy
Table of Contents
Overview ....................................................................................................................................... 2 Business Purpose ........................................................................................................................ 2 Travel Expenses ........................................................................................................................... 3 Mileage ......................................................................................................................................................... 3 Airfare, Hotel, Rental Cars ........................................................................................................................ 3 Airfare ........................................................................................................................................................... 3 Hotel.............................................................................................................................................................. 3 Airport Transportation ................................................................................................................................ 4 Rental Cars .................................................................................................................................................. 4 Meal Reimbursement ................................................................................................................................. 4 Business Entertainment .............................................................................................................. 5 Personal Travel Expenses ........................................................................................................... 5 Team Outings/Offsite Events ....................................................................................................... 5 Employee Gifting .......................................................................................................................... 6 Office Equipment, FF&E .............................................................................................................. 6
Overview
The following provides an update on our business expense processes and reimbursement policies for business travel and other expenses.
The Business Expense Reimbursement Policy provides guidelines to reimburse staff for reasonable and necessary business expenses. All expense reports must be submitted through Concur. Please be timely in submitting your reimbursement request; reimbursements should be submitted within 60 days.
As a general guideline, an expense must meet the following criteria to qualify for reimbursement. The expense should be:
1. Necessary for the employee to perform their job and documented as such, and
2. Reasonable in cost – as always, common sense prevails
To streamline the process, employees will now book all airfare exclusively through Concur Travel.
To assist with travel arrangements, we have added a dedicated travel resource who can assist with needs related to business travel. The travel service can be reached at [email protected].
Employee expense reimbursements will no longer be accepted for air travel booked outside of the Concur Travel system. This update applies only to air travel and has no impact on hotel, auto, etc. As a reminder, your supervisor with budget authority must pre-approve airfare and hotel reservations.
Additionally, the importance of documenting a clear and concise business purpose for each expense line item cannot be overstated. The business purpose should be stated clearly and should relate directly to the employee’s job responsibilities. This is necessary to help accounting determine the appropriate disposition of individual expense reimbursements. Failure to provide sufficient documentation will result in a delay in reimbursement. Below are general guidelines on the information that should be included when submitting expenses for reimbursement:
Business Purpose
When an expense report is submitted, you must provide a clear and detailed business purpose to support the expense.
Examples:
• Why was the expense incurred?
• What was purchased?
• What type of event does the business purpose relate to? • When/where was the event?
• Please avoid using acronyms in the business purpose field.
The business purpose must be entered for each expense line on your Concur report. If there is not enough room, please continue your explanation in the Comments field. Incomplete information will delay reimbursement.
Travel Expenses
The Concur tool helps make managing business travel less time consuming. Concur will also help employees stay in compliance with the travel expense policies. As noted above, it is important for you to state a clear business purpose for all reimbursement requests.
Mileage: Mileage reimbursement is based on the maximum IRS standard mileage rate (56 cents per mile as of January 1, 2021) for use of a personal vehicle to travel from your normal place of work to another location for work (e.g., the airport for business travel). Current mileage rates can be found at https://www.irs.gov/tax-professionals/standard-mileage-rates. • As a reminder, mileage from home to Levi’s Stadium (i.e., normal commute) is not reimbursable per IRS guidelines. Mileage to and from a temporary place of work (meeting or conference) is reimbursable, less the mileage of the employee’s normal commute.
Airfare, Hotel, Rental Cars: As noted above, airfare accommodations can only be booked through Concur via our travel partner, Direct Travel ([email protected]). Please work with Direct Travel or the individual in your department responsible for booking travel for assistance.
Airfare: Ensure that your Concur Profile is up to date with your legal name, address, DOB, and Travel Preference section filled out. Business purpose should be stated clearly as mentioned above. Some guidelines when booking airfare:
• The lowest coach/economy airfare with major carriers that works for the employee’s travel schedule should be booked.
• Business Class and First-Class flights are not permitted. The only exception is if such travel is pre-approved by the President before purchase. • Have flights booked as far in advance as possible to get reasonable fares. • Any airfare of $500 or more requires pre-approval by your supervisor with budget authority. • Avoid booking flights and hotels based primarily on frequent flyer accounts if the cost is not reasonably close to comparable alternatives. Fees for airport clubs or frequent flyer programs are not reimbursable.
• Submit receipts for baggage fees, Wi-Fi, meals, etc.
Note: Airfare booked through Concur & Direct Travel will be paid by the Company directly. The employee will not need to submit an expense report for airfare.
Hotel: If needed, email [email protected] for booking assistance. The itemized hotel folio must be submitted; a hotel confirmation or other receipt showing payment is not considered to be sufficient documentation for reimbursement by the IRS. • Hotel stays must be pre- approved by the budget manager. While high hotel costs are occasionally unavoidable (e.g., NFL-mandated meetings in NYC), as a general guideline, hotel stays for business travel should not exceed $250 per night (plus taxes & fees). Attach supervisor email approval when submitting your expense report. • Hotel stays can be booked via Concur. Unlike Concur’s partnership with airlines through which the Company can pay airfare directly, hotels cannot be paid through Concur.
Employees will pay for their own hotel stay and submit an expense report for reimbursement.
• Hotel stays for a conference in the Bay Area are generally not reimbursable.
• Other hotel expenses:
o Parking – please self-park rather than valet whenever self-parking is available. o Room service – see Meal Reimbursement policy below.
o Phone calls - reasonable phone charges are reimbursable if the employee has not been issued a company phone. Avoid excessive hotel long-distance charges.
Airport Transportation: In general, the mode of transportation used should be the most economical one suitable for the purpose of the trip. • Mileage and economy parking will be reimbursed if parking at a Bay Area airport for business travel.
• Please use a shuttle, ride sharing service, or BART if the round-trip cost is less than economy parking at the airport.
Rental Cars:
• In general, the mode of transportation used should be the most economical one suitable for the purpose of the trip.
• When renting a car, employees should use the 49ers rental company accounts through Concur, unless these options are not available.
• As a general guideline, rentals should be mid-sized or full-sized cars. Please use your judgment and consider Lyft and Uber as alternative options. • Employees booking rental cars through Concur can have the rental direct billed to the 49ers if using Hertz or Avis.
• If not booked through Concur, the employee will be responsible for the charges and will need to submit an expense report for reimbursement.
• Do not accept any insurance on rental vehicles – these charges will not be reimbursed. • Please fill the vehicle with gas prior to returning it to avoid excessive “fill-up” charges added to the rental.
• Please reserve rental cars well in advance due to the high demand and lack of supply in the current market.
Meal Reimbursement:
• The employee in attendance who has the highest level of authority in a group should always pay for the expense (e.g., if a VP and a Director are at a business meal, the VP should pay). • Staff m eals are reimbursable up to a maximum of $76 per full day ($18 maximum for breakfast, $22 maximum for lunch and $36 maximum for dinner). • Itemized receipts are required for reimbursement. Missing receipts will result in reimbursement delay.
• Overages for meals in certain high-cost cities will be reviewed on a case-by-case basis. • Employees should note the business purpose of the meal, including the name/company of the person(s) in attendance, and submit the itemized receipt.
Busine
ss Entertainment
Business meals include reasonable amounts spent on food and other refreshments purchased in surroundings conducive to and including a business discussion with existing or prospective customers.
Entertainment expenses are reimbursable only if the entertainment will directly benefit Forty Niners Stadium Management Company or one of its clients (e.g SCSA, StadCo, etc.)., or if it directly precedes or follows a substantial and bona fide business discussion for the purposes of obtaining income or another business benefit.
Business entertainment expenses include, but are not limited to, such items as the cost of meals and beverages, and the cost of transportation directly related to the above.
If the employee is dining with others for business purposes, the meal and related expenses incurred are “entertainment,” not “meals.”
• “Enter
tainment” expenses require additional explanation on the expense reimbursement report.
• The expense report will include date, names of individuals, titles, and companies, as well as the business purpose (for example: “Lunch with SBL Customer prospect”. This will allow Accounting to charge the expense to the correct client. • The most senior employee present should pay all business entertainment expenses.
Employees should always use their judgment and common sense when charging business meals and entertainment expenses.
Personal Tra
vel Expenses
• As a r
eminder, airfare along with other personal travel expenses should not be booked on Concur or requested as a payroll deduction (AR1). Any such personal expenses (flights, hotel, meals, incidentals, etc.) should be paid directly by the employee (e.g., personal expenses incurred during hotel stay should be paid to hotel by employee via personal credit card). The only exception to the above is if personal expenses are pre- approved for payroll deduction via email by President AND the employee’s VP level manager. Personal expenses can also be pre-approved for payroll deduction by President AND ownership.
Team Outings/Offsite Events
• Team outings should be pre-approved by the budget manager and department VP prior to booking hotel and airfare.
• Expenses for the outing/event should follow the guidelines set above regarding hotel, airfare, meals, etc.
Employee Gifting
• Recognition for employees in the form of company gifts is administered through our Human Resources (HR) department. Expenses submitted for any “company” gifts that are not part of an HR initiative cannot be reimbursed. This includes gifts given in recognition of personal events or achievements unrelated to work (e.g., birthdays, weddings, baby showers) or in recognition of holidays (e.g., holiday gifts for employees are coordinated through HR).
• Please avoid using gift cards as incentives or employee gifts for work-related achievement. Gift cards and other non-cash gifts should be viewed as income and are taxable to the employee, even though they are not “cash.”
Office Equipment, FF&E
• Purchases of furniture, fixtures and equipment should be coordinated through your department VP and facilities (Bill Howell for SAP Performance Center or Stadium Operations for stadium purchases) and/or IT (computers and handheld devices).
Thank you for your assistance and cooperation. Please contact Esther Chi, Vice President, Controller or Chris Steele, Director, Accounting if you have any questions regarding the policy.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-681 Agenda Date: 5/10/2022
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report from the Stadium Authority for Action on Request from Stadium Manager to Incur Charges for the May 24-26, 2022 Innovative Institute for Fan Experience Conference in Las Vegas, NV, June 8- 10, 2022 InfoComm Conference in Las Vegas, NV, June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL, February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be Determined), and May 10-13, 2022 National Football League Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.
As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.
The Stadium Manager is requesting approval for the following travel and conference requests:
1. May 24-26, 2022 Innovative Institute for Fan Experience (IIFX) Conference in Las Vegas, NV: Authorization to incur charges up to $13,400 to cover dues and subscription/registrations fees ($2,800) and travel costs including hotel, airfare and meals ($10,600) for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Security Department and are under Legal Contingency in the FY 2022/23 Budget.
2. June 8-10, 2022 InfoComm Conference in Las Vegas, NV: Authorization to incur charges up to $9,800 to cover travel costs for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY City of Santa Clara Printed on 5/6/2022Page 1 of 4
powered by Legistar™
22-681 Agenda Date: 5/10/2022
2022/23 Budget.
3. June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL: Authorization to incur charges up to $11,600 to cover dues and subscriptions/registrations fees ($1,000) and travel costs including hotel, airfare and meals ($10,600) for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
4. February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be determined): Authorization to incur charges up to $10,600 to cover travel costs including hotel, airfare and meals for up to four Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non- Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
5. May 10-13, 2022 National Football League (NFL) Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C: Authorization to incur charges up to $13,650 to cover travel costs for up to six Stadium Manager employees. These costs are classified in the Stadium Authority FY 2022/23 Shared Expenses as Non-Compensation Expenses for the Stadium Operations Department and are under Legal Contingency in the FY 2022/23 Budget.
The requests above are Shared Stadium Manager Expenses totaling a not to exceed amount of $59,050 for FY 2022/23. Shared Stadium Manager Expenses are split between the Stadium Authority and the Forty Niners SC Stadium Company LLC per the Management Agreement.
DISCUSSION
Staff reviewed the Stadium Manager’s Authorization for Travel memo (attached to corresponding report #22-680) and found the document to be sufficient. At the time of writing the report, the Stadium Authority is requesting the Stadium Manager to confirm that the travel expenses related to the requests will follow the Stadium Manager’s Business Expense Reimbursement Policy. The Stadium Manager has consistently confirmed that travel expenses would follow the Policy in the past for previous requests. If there are any alcohol expenses, the Stadium Authority would not reimburse for those costs as these conferences are related to training.
Staff recommends approval of the request to incur charges for dues and subscription/registration fees and travel costs for the described conferences. The Stadium Authority will require full supporting documentation before respectively releasing public funds upon procurement of registration fees and travel expenses. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.
ENVIRONMENTAL REVIEW
The actions being considered do 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 a reasonably foreseeable indirect physical change in the environment or pursuant to CEQA Guidelines section City of Santa Clara Printed on 5/6/2022Page 2 of 4
powered by Legistar™
22-681 Agenda Date: 5/10/2022
15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains Legal Contingency for Shared Stadium Manager Expenses (Shared Expenses) from Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping Departments. As part of its March 15, 2022 approval of the Stadium Authority FY 2022/23 Operating, Debt Service, and Capital Budget, the Stadium Authority Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentation for costs.
There are sufficient funds in the FY 2022/23 Legal Contingency to cover the Stadium Authority’s portion of the not to exceed amount of $59,050 for the registration and travel expenses, approximately $29,525. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC per the Management Agreement. The Office of the Executive Director or Treasurer will approve budget amendments to reallocate funds from Legal Contingency to Shared Stadium Manager Expenses that are described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate documentation for costs.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Stadium Treasurer’s Offices.
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].
RECOMMENDATION
1. Approve the Stadium Manager’s request to incur charges up to $13,400 for the May 24-26, 2022 IIFX Conference in Las Vegas, NV to cover registration fees and travel costs, not including any potential alcohol expenses, for up to four Stadium Manager employees, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
2. Approve the Stadium Manager’s request to incur charges up to $9,800 for the June 8-10, 2022 InfoComm Conference in Las Vegas, NV to cover travel costs, not including any potential alcohol expenses, for up to four Stadium Manager employees, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
3. Approve the Stadium Manager’s request to incur charges up to $11,600 for the June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL to cover registration fees and travel costs, not including any potential alcohol expenses, for up to four Stadium Manager employees, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;
City of Santa Clara Printed on 5/6/2022Page 3 of 4
powered by Legistar™
22-681 Agenda Date: 5/10/2022
4. Approve the Stadium Manager’s request to incur charges up to $10,600 for the February 2023 National Center for Spectator Sports Safety and Security Forum (location to be determined) to cover travel costs, not including any potential alcohol expenses, for up to four Stadium Manager employees, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and
5. Approve the Stadium Manager’s request to incur charges up to $13,650 for the May 10-13, 2022 NFL Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C. to cover travel costs, not including any potential alcohol expenses, for up to six Stadium Manager employees, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.
Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
City of Santa Clara Printed on 5/6/2022Page 4 of 4
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-383 Agenda Date: 5/10/2022
REPORT TO COUNCIL
SUBJECT
Public Hearing: FY22/23 Annual Action Plan (FINAL) for the Use of Federal Housing and Urban Development Grant Funds
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
As an entitlement agency, the City of Santa Clara receives annual funding from the United States Department of Housing and Urban Development (HUD) in the form of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds. CDBG funds are used to provide public services to Santa Clara’s low-income residents and funding for capital improvement projects. HOME funds are used for the development of affordable housing options.
In 2020, the City began its Five-Year Consolidated Plan (ConPlan) cycle. The ConPlan identifies goals and needs within the community that could be addressed through the use of HUD funding.
Each year the City prepares its Annual Action Plan to be submitted to HUD. The Annual Action Plan details how its CDBG and HOME allocations will be used to address the goals and needs identified in the ConPlan.
On April 5, 2022, staff presented a draft of the 2022/23 Annual Action Plan. The allocation amounts described in the draft were estimates based upon prior year allocation amounts. While it was expected that HUD would announce allocations before this public hearing on the final version of the plan, HUD has yet to announce the exact amounts of HOME and CDBG funding for the 2022/23 program year; thus “Contingency Language” was added to the Plan (see Attachment 2).
Contingency Language details how the City will allocate funds that differ from the estimated “Expected Resources”. Contingency Language allows the City to make allocation changes without having to complete a substantial amendment or return to City Council. If the City receives more CDBG funds than expected, the plan is to restore funding to prior year levels first to Bill Wilson Center FAS program, Hope Services, and then to Bill Wilson Counseling program. Also, if funding allows, Silicon Valley Independent Living Center’sfunding would be funded with CDBG rather than the City’s Housing Successor Fund.
DISCUSSION
Opportunity for community input on this Annual Action Plan has been accomplished through a 30-day public comment period which was noticed and began on April 5, 2022. Also, all comment from the first public hearing on April 5, 2022 has been noted and added to the final version of the Plan.
Attachment 2 details the City’sExpected Resources, while Attachment 3 provides a breakdown as to City of Santa Clara Printed on 5/6/2022Page 1 of 3
powered by Legistar™
22-383 Agenda Date: 5/10/2022
Attachment 2 details the City’sExpected Resources, while Attachment 3 provides a breakdown as to the amount of funding estimated to be allocated to specific projects and activities.
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 estimates its entitlement allocations for FY 2022/23 to be $1,100,000 in CDBG funds and $450,000 in HOME funds; a slight increase from prior year funding amounts of $1,074,699 and $443,011, respectively. The estimated FY 2022/23 program income that will be programmed in FY 2022/23 is $250,000 for CDBG and $10,000 for HOME. These estimates have been factored into the FY 2022/23 proposed operating budget.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’sofficial-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’swebsite and in the City Clerk’sOffice 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’sOffice at (408) 615-2220, email [email protected].
Preparation of the 2022-2023 Annual Action Plan followed a procedure determined by HUD which requires two public hearings to allow for public comment/input. One public hearing is required to be held during the drafting phase of the Annual Action Plan; this hearing was held on April 5, 2022 during the City’sscheduled Council meeting. The second public hearing is tonight, May 10, 2022.
Comments made at both public hearings will be noted in the final Annual Action Plan prior to submission to HUD.
The Annual Action Plan was made available for public review and comment for a 30-day period.
Noticing of the 30-day public comment period was published on March 2, 2022 in The Santa Clara Weekly. The Annual Action Plan was also made available on the City’s website, and at public locations including the City Clerk’s Office, and the Housing and Community Services Division.
Notification of the availability of the Annual Action Plan was also emailed to interested parties which include local nonprofit agencies.
ALTERNATIVES
1. Approve the 2022-2023 Annual Action Plan (FINAL)
2. Any other Council direction.
RECOMMENDATION
Approve the 2022-2023 Annual Action Plan, and direct staff to incorporate all public comment prior to City of Santa Clara Printed on 5/6/2022Page 2 of 3
powered by Legistar™
22-383 Agenda Date: 5/10/2022
Approve the 2022-2023 Annual Action Plan, and direct staff to incorporate all public comment prior to submission to HUD.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. 2022-2023 Annual Action Plan
2. 2022-2023 Expected Resources
3. 2022-2023 Annual Action Plan Funding Breakdown
City of Santa Clara Printed on 5/6/2022Page 3 of 3
powered by Legistar™
2022-2023
Annual Action Plan
Prepared by:
City of Santa Clara
Housing and Community Services Division,
Community Development Department
1500 Warburton Ave,
Santa Clara, CA 95050
(408) 615-2490
Housing & Community Services Division
1500 Warburton Avenue,
Santa Clara, CA 95050
(408) 615-2490
2022-2023 Annual Action Plan 1
Contents
AP-05 Executive Summary – 91.200 (c), 91.220(b) ..................................................................................... 2 PR-05 Lead & Responsible Agencies – 91.200 (b) ....................................................................................... 5 AP-10 Consultation – 91.100, 91.200(b) 91.215 (I) .................................................................................... 6 AP-12 Participation – 91.105, 91.200 (c) .................................................................................................. 10 AP-15 Expected Resources – 91.220 (c) (1,2) ........................................................................................... 11 AP-20 Annual Goals and Objectives – 91.220(c)(3)& (e) .......................................................................... 16 AP-35 Projects – 91.220(d) ....................................................................................................................... 18 AP-38 Project Summary ............................................................................................................................ 19 AP-50 Geographic Distribution – 91.220 (f) .............................................................................................. 24 AP-55 Affordable Housing – 91.220 (g) .................................................................................................... 25 AP-60 Public Housing – 91.220 (h) ............................................................................................................ 26 AP-65 Homeless and Other Special Needs Activities – 91.220 (i) ............................................................ 27 AP-75 Barriers to Affordable Housing – 91.220 (j) ................................................................................... 29 AP-85 Other Actions – 91.220 (k) ............................................................................................................. 31 AP-90 Program Specific Requirements – 91.220 (l) (1,2,4) ...................................................................... 33 2022-2023 Annual Action Plan 2
AP-05 Executive Summary – 91.200 (c), 91.220(b)
1. Intro
duction
The City of Santa Clara (City) is an entitlement city that receives federal funding from the Department of Housing and Urban and Development (HUD). The City receives Community Development Block Grant (CDBG) funds and HOME and Investment Partnerships (HOME) funds.
CDBG provides funding to address community development needs through public services and capital improvement projects. Capital Improvement Projects are improvements to affordable housing , and public facilities that serve low- and moderate-income persons, and city infrastructure projects in areas of low- and moderate-income census tracts and/or blocks. Seventy percent (70%) of gross funding is used to serve low- to moderate- income households. Eligible activities must meet one of the following national objectives: 1) Benefit low - and moderate- income persons; 2) Prevention or elimination of slums or blight; or 3) Address community development needs having an urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other funding is not available.
HOME provides funding for the development of affordable housing options including building, and/or rehabilitating housing for rent and providing direct Tenant Based Rental A ssistance to low-income households.
The City worked collaboratively with the County of Santa Clara and other entitlement jurisdictions to develop the 5- year ConPlan in 2019. The ConPlan identifies and prioritizes housing and housing - related needs across the region and for the City of Santa Clara. The purpose of the ConPlan is to guide the City to:
- Assess their affordable housing and community development needs and market conditions, - Make data-driven, place-based investment decisions; and - Conduct community-wide discussions to identify housing and community development priorities that align and focus on eligible activities for HUD’s funding The 5-Year ConPlan is supported by the Annual Action Plan (AAP). The AAP documents annually how the City will use HUD funding consistent with the goals and needs identified in the ConPlan.
2. Summarize the objectives and outcomes of the Plan
The Annual Action Plan supports the goals and needs identified in the ConPlan as stated below:
- Affordable Housing. Affordable Housing projects that benefit low income households such as affordable rental developments and rental subsidies, and rehabilitation of single and multi- family housing.
- Public Services. Nonprofit partners provide services of need to lower income households. - Homelessness. Support activities to end homelessness including homeless prevention programs, case management, outreach activities and support of facilities. 2022-2023 Annual Action Plan 3
- Fair Housing. Promote Fair Housing choice through funding informational and investigative services for tenants and landlords.
- Public Facilities. Improvement to public facilities that provide services to low-income people.
3. Evaluation of past performance
In 2020, the last full Consolidated Annual Performance Evaluation Report (CAPER) to HUD reported the following accomplishments towards the annual goals:
- Affordable Housing.
The Tenant Based Rental Assistance program assisted 52 households, and between the NCIP program and Rebuilding Together Silicon Valley, there were 13 households assisted. - Public Services.
There were 1,150 residents that benefited from public services provided by eleven non-profit agencies. The City also developed an Emergency Rental Assistance Program to respond to COVID crisis by assisting low -income tenants with rental assistance. 203 households were assisted.
- Homelessness.
151 households benefited from case management services provided by local non-profit agencies. The majority of these households were assisted with local funds. - Fair Housing.
Project Sentinel assisted 31 households with fair housing services. - Public Facilities.
The curb cutting project that is underway was not completed as of reporting time for 2020.
4. Summary of Citizen Participation Process and consultation process During the development of the 2022–2023 Annual Action Plan, City staff solicited public comment to help identify community needs, and non-profit agencies that could provide services to address those identified needs.
Community Outreach Meetings . Due to pandemic restriction on public events , City staff could not conduct in person meetings. Further, the City is entering the third year of a 3-year contract cycle with its non-profit partners that provide public services.
Public Hearings. Two public hearings took place for the Annual Action Plan. The first Public Hearing took place on April 5, 2022 at the regularly scheduled City Council Meeting. This Public Hearing satisfies the Citizen Participation Plan requirement to hold at leas t one meeting during the drafting phase of the Annual Action Plan and to provide the public an opportunity to provide input. The second Public Hearing took place on May 10, 2022. The final version of the Annual Action Plan shall be submitted to HUD shortly thereafter.
2022-2023 Annual Action Plan 4
30-day Public Review Period. A public notice was published in the Santa Clara Weekly on March 2, 2022. The noticing was for 30-day Public Review Periods for both the 2021/2022 Annual Action Plan Substantial Amendment Public Review Period and the 2022/2023 Annual Action Plan, and Pub lic Hearing notices for the presentation of both the 2021/2022 Annual Action Plan Substantial Amendment and the 2022/2023 Annual Action P lan hearing # 1 and #2. All documents were also available for review on the City’s website, main public library, City Hall offic es, and were emailed to non-profit partners. The noticing adhered to the City’s Citizen Participation Plan requirements.
5. Summary of public comments
Public Hearing #1:
Several non-profit public services providers provided e-comments or spoke about the importance of their services to the community and the people they serve. They also commented on the greater need for funding, particularly as we come out of the pandemic.
A representative from Bill Wilson Center noted that the proposed decrease in funding for the coming year could mean that their Family Therapy/School Outreach/Grief Counseling activity may be affected. *Staff note – The d ecr
ease in funding was so that some agencies ’ funding could be increased to the Council Directed $30,000 level. This required that other agencies have their funding reduced in order to stay under the Public Service Cap.
Councilmember Sudhanshu “Suds” Jain asked ab out whether staff had made the minimum requirement for funding for agencies $30,000. Staff clarified that it did. 30-Day Public Comment Period
TBA:
Public Hearing #2:
TBA:
6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the Plan.
7. Summary
CDBG-funded public services continue to be a great asset to the community, with man y of the programs funded focusing on the senior population and homel ess. The leveraging opportunities for our nonprofits by receiving HUD funding is of great value. The City will continue to seek out creative solutions to improve their grants management program.
-•
2022-2023 Annual Action Plan 5
PR-05 Lead & Responsible Agencies – 91.200 (b)
The City of Santa Clara is the lead agency and administrator for the CDBG & HOME funds. The Consolidated Plan and Annual Action Plan Public Contact is:
Andrew Crabtree Eric L. Calleja
Director of Community Development Housing Development Officer [email protected] [email protected]
408.615.2451 408.615.2296
2022-2023 Annual Action Plan 6
AP-10 Consultation – 91.100, 91.200(b) 91.215 (I)
Introduction
As a part of the stakeholder consultation process, the City typically consults with a variety of stakeholde rs, including City departments, human service agencies, l ocal and re gional community-based organizations, housing providers and advocates, and the local housing authority. Social service providers are also consulted including those that provide services to seniors, persons with disabilities, homeless persons, and other lower- income individuals and other at-risk populations.
Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).
The City uses CDBG funds for Bill Wilson’s Family Therapy/School Outreach/Grief Counseling. This public service provides mental health services to children and their families to cope with high-r isk behavior choices, family conflict, and grief counseling. The City also funds the County Office of Supportive Housing to provide case management services to a portion of the city’s homeless. Abode Services and Bill Wilson Center, local non-profits, is also funded to provide case management services for the City’s TBRA clientele.
In order to develop the City’s HOME-ARP, the City is working with a non-profit, Homebase, to develop a Homeless Taskforce and a City specific homeless response plan. Results from the work of the Taskforce will help direct the development of the City’s HOME-ARP plan which the City will be presenting during the 23/24 annual action pl an cycle. On March 28, 2022, the City took the first step in the development of its HOME-ARP plan by meeting with the Continuum of Care (CoC) board to receive feedback on gaps and needs for homeless populations.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Santa Clara County Continuum of Care (CoC) is a multi -sector group of stakeholders dedicated to ending and preventing homelessness in the County of Santa Clara (County). The CoC Board is comprised of the same individuals who serve on the Destination: Home Leadership Board. Destination: Home, a program of the Health Trust, is a public-private partnership implementing collective impact strategies to end homelessness in Santa Clara County. Its mission is to drive and align resources to create permanent housing and sustainable support systems built for the long term.
The CoC primary responsibilities are to coordinate large-sca le implementation of efforts to prevent and end homelessness in the County. The CoC is governed by the Santa Clara CoC Board (CoC Board), which stands as the driving force committed to supporting and promoting a systems-c hange approach to preventing and ending homelessness in the County. The organization is improving how systems work together to end homelessness, as well as protect individuals and families at risk of becoming homeless.
The City of Santa Clara, having endorsed the 2020-2 025 Santa Clara County Community Plan to End Homelessness, is convening a Homelessness Taskforce in spring 2022. The Taskforce will include stakeholders with a range of perspectives and experience who can hel p identify priorities and provide recommendations on the development of a City Plan to End Homelessness. The City has partnered with the non-profit, Homebase, to facilitate the taskforce and to develop the plan. 2022-2023 Annual Action Plan 7
The results of the latest Point in Time Homeless Count (“ Count”) have not been published yet. The 2019 Count showed an increase in homeless f amilies from the prior count. The City redesigned the TBRA program to place more emphasis on assisting homeless families. The City and the TBRA administrator, Abode Services, worked closely with the CoC to redesign the TBRA program to focus on families with the goal of no homeless children in Santa Clara.
A recent data query of the County Queue supported the need t o con tinue to prioritize families with children for the City’s TBRA program. Data showed there are 3 families with children with a Vulnerability Index – Service Prioritization Decision Assistance Tool ( VI-SPDAT) score between 0-3 (Minimal Range of Intervention), and 16 families with children with a VI-SPDAT score between 4-8 (Rapid Rehousing Range of Intervention). The TBRA program will continue to prioritize families with children who have ties to Santa Clara; however, single youth adults and single adults will still be considered.
Other supportive housing projects such as Homesafe Santa Clara, Sobrato Family Living Center, LifeMoves, and Bill Wilson Center continue services.
Describe agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultation with housing, social service agencies and other entities. 1 Agency/Group/Organization Bill Wilson Center
Agency/Group/Organization Type Housing
Services-Children
Services-homeless
What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff is consulted on improvements to the
City TBRA program.
2 Agency/Group/Organization County of Santa Clara Office of Supportive Housing
Agency/Group/Organization Type Publicly Funded Institution/System of Care Other government - County
What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Families with children
Market Analysis
Lead-based Paint Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff met with the County COC on several
occasions to discuss the City response to
homelessness.
3 Agency/Group/Organization Abode Services
Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff is consulted on improvements to the
City TBRA program.
4 Agency/Group/Organization Senior Adult Legal Services (SALA) Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs 2022-2023 Annual Action Plan 8
Briefly describe how the Agency/Group/ Organization was consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Submitted public comment at both public
hearings; highlighting the need for the
services they provide.
5 Agency/Group/Organization Next Door Solutions to Domestic Violence Agency/Group/Organization Type Services - Housing
What section of the Plan was addressed by Consultation? Homelessness Needs – Families w/children Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Submitted public comment at public
hearings; highlighting the need for the
services they provide.
Identi
fy any Agency Types not consulted and provide rationale for not consulting:
The City did not reach out to bro adband-specific providers/organizations. This was due, in part to the results of the 2020 -2025 Consolidat ed Plan survey. 6 2% of responden ts felt ther e was not a common/pressing issue with broadband or internet access. Also, local internet providers all provide low- cost options and/or discounts to low-income households.
Although the City works with org anizations whose primary responsibilities include t he management of flood prone areas, public land or water resources, and emergency management agencies on normal public business, these organizations were not specifically consulted for Annual Action Plan. Issues related to such agencies were not mentioned as an issue in the ConPlan survey.
The City will be going out with an RFP for services and projects for the final two years of the 5-year ConPlan at the end of 2022. The city plans on reaching out specifically to these agency types during this process.
Describe other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead
Organization
How do the goals of your Strategic Plan
overlap with the goals of each plan?
Continuum of
Care
Continuum of
Care Council
The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan goal to end homelessness including rental assistance, homeless prevention programs, case management, outreach activities and support of facilities.
Housing
Element
City of Santa
Clara
The actions in the Housing Element are consistent with the Strategic Plan, most notably in the provision of adequate sites appropriate for a range of housing types and in promoting preservation and development of affordable housing including supportive housing for persons with disabilities.
2015-2017
Council Goals
and Strategic
Objectives
City of Santa
Clara City
Council
The Council goal to develop a plan to support minimum quality of life standards for residents and the development of an affordable housing plan with focus on the homeless and housing vulnerable is consistent with the Strategic Plan in the actions that describe development of affordable housing and revitalization of low income areas of the City. 2012-2014
Comprehensive
HIV Prevention
& Care Plan
Santa Clara
County HIV
Planning
Council for
Prevention
and Care
This plan provides a roadmap for the Santa Clara County HIV Planning Council for Prevention and Care to provide a comprehensive and compassionate system of HIV prevention and care services for Santa Clara County. This effort aligns with the Strategic Plan goal to provide basic needs to lower income households and special needs populations. 2022-2023 Annual Action Plan 9
Name of Plan Lead
Organization
How do the goals of your Strategic Plan
overlap with the goals of each plan?
Community
Plan to End
Homelessness
in Santa Clara
Destination
Home
The Community Plan to End Homelessness in the County is a five-year plan to guide governmental, nonprofits, and other community members as they make decisions about funding, programs, priorities and needs. This effort aligns with the Strategic Plan goal to support activities to end homelessness: rental assistance, homeless prevention programs, case management, outreach activities & support of facilities. 2022-2023 Annual Action Plan 10
AP-12 Participation – 91.105, 91.200 (c)
1. Summa
rize citizen participation process and how it impacted goal setting.
The City outreach efforts to obtain community input included two public hearings before City Council (one during the drafting phase of the AAP), noticing the AAP and hearings, and putting the draft AAP on the City website. The table below summarizes the results of the City efforts.
Citizen Participation Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments received
Summary of
comments
not
accepted
and reasons
URL
(If
applicable)
1 Public
Hearing
Non-
targeted/broad
community
Public Hearing #1:
City Council Meeting
- April 5, 2022 during
the drafting phase of
the Plan. Eight
representatives from
public service
providers provided
public comment.
See AP-05, section 5
(Public Comment
Summary).
n/a n/a
2 Public
Hearing
Non-
targeted/broad
community
Public Hearing #2:
City Council Meeting
– May 10, 2022 to
present the final
version of the Plan.
Summary of Public
Comment during the
meeting to be
added.
See AP-05, section 5
(Public Comment
Summary).
n/a n/a
3 Newspaper
Ad
Non-
targeted/broad
community
TBA
Comments during
the 30-day
comment period to
be added.
The 30-day
comment period
was noticed on
3/2/2022 in the
Santa Clara Weekly.
The comment
period ran from
4/5/2022 –
5/10/2022.
n/a n/a
I
2022-2023 Annual Action Plan 11
AP-15 Expected Resources – 91.220 (c) (1,2)
As of th
e publication of this Plan, HUD has yet to notify recipients of their annual allocation amounts. The Expected Resources noted here are based upon estimates. The Contingency Language portion at the end of this section describes what the City will do if it receives more/less funding than estimated.
CDBG Funds: The total amount of CDBG resour ces expected is $1,523,000. This total i s made up of the estimated CDBG entitlement, estimated Prior Year Resources (i.e., funds that were committed but not drawn or funds that became unprogrammed due to program income), and Program Income (i.e., income generated from prior CDBG projects such as loan repayments). - Annual E
ntitlement Funds $1,100,000
- Estimated Prior Year Balance $ 173,000
- Estimated FY22/23 Program Income $ 250,000
TOTAL $1,523,000
CDBG CONTINGENCY LANGUAGE
More than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be higher than estimated, excess funds shall be allocated in the following manner and order after the City’s portion for administration is set aside and public service cap restrictions are followed:
1. Attempt to fund Bill Wilson Center Family Advocacy Services (FAS) to prior year level of $35,000.
2. Attempt to fund Hope Services Employment, Media & Community Connections to prior year level of $36,504.
3. Attempt to fund Bill Wilson Center Family Therapy/School Outreach/Grief Counseling to prior year level of $35,000.
4. Switch funding source for Silicon Valley Independent Living Center from City Housing Successor Fund to CDBG for $18,000.
5. If funding levels for 1-4 are accomplished, excess funds shall be allocated to Capital Improvement Projects for affordable housing improvements.
Less than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be lower than estimated, funds shall be allocated in the following manner after the City’s portion for administration is set aside and public service cap restrictions are followed:
1. Reduce CDBG funding to the Bill Wilson Center Family Therapy/School Outreach/Grief Counseling to bring funding to $30,000
2. If Option 1 is not sufficient, the next reduction would come from Hope Services to bring funding to $30,000.
3. If Options 1 and 2 a re not sufficient, staff will re commend the Senior Nutrition Program be reduced, and request that Council back fill any reduction with General Funds.
4. If further reductions are needed, staff will request that the $30,000 minimum grant amount directive be rescinded, and all public service agencies try to be funded at 21/22 funding levels. 2022-2023 Annual Action Plan 12
HOME Funds: The total amount of HOME resources expected is $1,090,000. This is made up of the annual HOME entitlement, Prior Year R esources (i.e., funds that were committed b ut not drawn or funds that were not programmed), and Program Income (i.e., income generated from prior HOME projects). - Entit
lement Funds $ 450,000
- Estimated Prior Year Balance $ 630,000
- Estimated FY22/23 Program Income $ 10,000*
TOTAL $ 1,090,000
* Estimated HOME Program Income (22/23). The City estimates it will receive $100,000 in PI during the upcoming FY22/23. Ten percent (10%), or $10,000, will be programmed in this 2022- 2023 Annual Action Plan to be used for administrative costs as allowed by HOME regulations. The other 90% ($90,000) will be programmed next year in the 2023-2024 Annual Action Plan. Any program income above t hese estimates will be allocated in the same manner; 10% f or administration in FY22/23, and the remaining 90% to be allocated in FY23/24.
HOME CONTINGENCY LANGUAGE
More than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be higher than estimated, excess funds shall be allocated in the following manner after the City’s portion for administration and CHDO development is set aside:
The TBRA program will be funded with the extra funds with both Abode Services and Bill Wilson Center sharing proportionately as they are currently proposed to be funded.
Less than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be lower than estimated, all activities, except for Fair Housing Services, will be reduced proportionately based on the percentage of reduced funding after the administration set-aside and CHDO set-aside is calculated.
2022-2023 Annual Action Plan 13
AP-15 Table –Expected Resources Priority Table
Program Source
of Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description
Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
CDBG Public-
Federal
Acquisition
Housi
ng Rehab
Capital
Improvement
Projects – Public
Facilities
Capital
Improvement
Projects –
Affordable
Housing
Public Services
Admin./Planning
$1,100,000 $250,000 $173,000 $1,523,000 $2,800,000 CDBG funds may be used for: 1) Land
acquisition for
affordable housing;
2) NCIP program and
Minor Repair
Program (Rebuilding
Together Silicon
Valley); 3) Public
infrastructure and
other public facility
improvements; 4)
Capital Improv. to
affordable housing
units; 5) Public
services; 6) Planning
and administration.
HOME Public-
Federal
CHDO and
regular HOME
rental projects,
such as property
acquisition, new
const., and/or
rehabilitation.
Homeo
wner
Rehabilitation
TBRA
Admin. and
Planning for
HOME programs
and activities.
$450,000 $10,000 $630,000 $1,090,000 $1,130,000 HOME funds may be used for: 1) TBRA; 2)
NCIP; 3) Rental
development; 4) Fair
Housing Services;
and/or 5) Admin. &
Planning.
Approximately
$105,000 of the
“Prior Year
Resources” is
program income (PI)
received in FY21/22.
Approx. $100,
000 in
PI is expected to be
receipted in
FY22/23. 10% (i.e.,
$10,000) will be
programmed in this
action plan for
administrative
activities (PA) and
drawn in FY22/23.
The remaining
$90,000 will be
programmed in
FY23/24.
If FY22/23 PI exceeds
$100,000, City will
continue using 10%
for admin. and the
remaining will be
programmed in
FY23/24.
2022-2023 Annual Action Plan 14
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal funds will leverage local funds (i.e., Gener al F unds, City Affordable Housing Fu nds, and City Housing Successor Funds) to increase project efficiencies and benefit from economies of scale. The HOME match requirement will be met through the waiving of property taxes on past HOME-funded multi-family affordable developments. The local funds that will be used to fund certain activities are as follows:
Program Uses of
Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative Description Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
General
Fund
Public
Services
$129,303 0 0 $129,303 $260,000 $15,000 Live Oak
$10,000 Ombudsman Program
$15,000 Heart of the Valley
$16,500 Senior Adult Legal Asst.
$67,803 Project Sent
inel
Tenant/Landlord Mediation
$5,000 Unit
ed Way 211
City
Affordable
Housing
Fund
(CAHF)
Public
Services
$225,697 0 0 $225,697 $490,000 $160,697 for case management services for TBRA.
$50,000 Inte
nsive Case Mgt.
$15,000 Homeless Prevention
City
Housing
Successor
Fund
(CHSF)
Public
Services
$268,000 0 0 $268,000 $500,000 $110,000 to fund case
management services for
chronically homeless
households.
$140,000 for cas
e management
services for TBRA.
$18,000 for Silicon Valley
Independent Living Center
Other Federal Grant Programs
Additional federal programs that fund community development and affordable housing, and are provided by Santa Clara County Housing Authority and affordable housing developers include:
- Section 8 Housing Choice Voucher Program,
- Section 202,
- Section 811; and
- Affordable Housing Program (AHP) through the Federal Home Loan Bank. 2022-2023 Annual Action Plan 15
If appropriate, describe publ icly owned land or property loc ated within the jurisdictio n that may be used to address the needs identified in the plan
The City owns thre e properties that have potential for development o f low income and special needs housing: 1) Bay Area Research and Extension Center (BAREC) senior housing site at 90 North Winchester Boulevard; 2) 2330 Monroe Street, and 3) Fire Station #6 at 3575 De La Cruz Boulevard.
BAREC: On January 29, 2019, City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manag er t o ne gotiate and execute a Dispositio n an d Development Agreement with Core Affordable Housing LLC for the development of the Agrihood Project located at 90 North Winchester Bo ulevard/ 1834 Worthi ngton Circle and further author izing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, Deeds of Tr ust, Promissory Notes, and Affordable Housing Agreement).
2330 Monroe Street: On January 28, 2020, City Council approved all land use entitlements for the project and adopt ed a resolution approving and authorizin g the City Manager to negotiat e and execute a Disposition and Development Agreement with Freebird Development LLC and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Lo an Agreements, Deeds of Trust, Promissory Notes, and Affordable Housing Agreement). The proposed development will have 65 mixed- income units with 11 set-aside for households with developmental disabilities. The project will be 100% affordable units.
3575 De La Cruz: The City Council has approved negotiations to enter into an Exclusive Negotiation Rights Agreement (ENA) with Habitat for Humanity East Bay/Silicon Valley. The propos ed development will be 13 100% afford able, for-sale townhomes. In December 202 0, t he C ity Manager executed a 12 -month extension of the ENA to account for project delays due to the COVID pandemic. 2022-2023 Annual Action Plan 16
AP-20 Annual Goals and Objectives – 91.220(c)(3)& (e)
AP-20a –Annual Goals and Objectives Summary
Strategic Plan
Goal
Category Start
Year
End
Year
Geographic
Area
Included
Priority Needs
Addressed
Funding
Allocated
Goal Outcome
Indicator
1 Affordable
Housing
Affordable
Housing 2022 2023 Citywide Affordable
Housing
CDBG
$245,750
$826,500
HOME
$967,500
HOME
$67,500
Homeowner housing rehab and
project delivery
34 households
Capital Improvement Projects
for Affordable Housing
100 households
TBRA
40 households
Rental units rehabilitated
(CHDO Housing)
1 Household
Homelessness Homel ess 2022 2023 Citywide
Availability/
Accessibility:
Homelessness
CDBG
$30,000
CAHF
$225,697
CHSF
$250,000
Homeless Prevention
70 Homeless Prevention
65 3 Public
Services
Non-
Homeless
Special
Needs
2022 2023 Citywide
Availability/
Accessibility:
Public
Services
CDBG
$150,750
GENERAL
$129,303
CHSF
$18,000
Public Service
Activities Other than Low/Mod.
Income Housing Benefit
600 (CDBG)
Public Service
Activities for Low/Moderate-
Income Housing Benefit
595 (General)
Public Service
Activities Other than Low/Mod.
Income Housing Benefit
55 (CHSF)
4 Fair Housing
Non-
Homeless
Special
Needs
2022 2023 Citywide
Availability/
Accessibility:
Fair Housing
HOME:
$22,197
Public Service Activities Other
than Low/Mod. Income
Housing Benefit
50 5 Planning &
Admin.
Planning &
Admin. 2022 2023 Citywide
Administration
&
Planning
CDBG
$270,000
HOME
$32,803
HOME admi
n. funds will be sub-
granted to TBRA administrators
2 2022-2023 Annual Action Plan 17
Estimate the number of e xtremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b). 34 households for Homeowner housing rehabilitation (CDBG), 22 Extremely low-income households
12 Low-income households
40 households for TBRA (HOME),
30 Extremely low-income households
10 Low-income households
1 household for rental units rehabilitated (CHDO set-aside). 1 Low-inco me household
Goal Descriptions
AP-20a –Goal Description
1 Goal Name Affordable Housing
Goal Description Assist in the creation and preservation of multi-family rental housing for low income and special needs households, rehabilitation of low-income owner-occupied housing through the Neighborhood Conservation and Improvement Program, TBRA rental subsidies, and new construction.
2 Goal Name Homelessness
Goal Description Support activities, consistent with Continuum of Care strategies, to prevent and end homelessness. This includes building affordable housing for people who are homeless or at risk of homelessness as well as the provision of support services. 3 Goal Name Public Services
Goal Description Support activities that provide basic needs to lower income households and special needs populations. Services would be provided to low-income households, elderly individuals, homeless persons, people with disabilities, and victims of domestic violence. 4 Goal Name Fair Housing
Goal Description Promote fair housing choice, t hrough the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation. 5 Goal Name Public Facilities
Goal Description Capital Improvements to city infrastructure and other public facilities (e.g., city facilities, or non-profit facilities) th at benefit low-income resident s/households and/or low -income areas.
6 Goal Name Planning & Administration
Goal Description Provide manage ment, planning and implementation of the CDBG & HO ME programs a s well as monitoring of public services and housing projects. 2022-2023 Annual Action Plan 18
AP-35 Projects – 91.220(d)
Introduction
The activities that the City will undertake in FY 2022-2023 using CDBG and HOME funds incl ude: Public Services, Homeowner Rehabilitation, Tenant Based Re ntal Assistance, Pr ogram Ad ministration & Planni ng, and Public Faci lity/Infrastructure Improvements for low and moderate-i ncome residents. The activities meet one or more priority needs identified in the 5-year Consolidated Action Plan.
In addition to the projects and activities funded with HUD funds as noted in table “AP-35 – Project Information Summary”, the City also funds other Public Service Activities with local funds that include:
Live Oak Adult Day Services for Seniors ($15,000 ; 11 clients) Catholic Charities Long-Term Care Ombudsman ($10,000; 380 clients) Heart of the Valley Senior Services ($15,000; 220 clients) Senior Adult Legal Assistance ($16,500; 45 clients)
Homeless Prevention Services for Homeless Households ($50,000; 20 households) Intensive Case Management ($125,000; 20 households)
Silicon Valley Independent Living Center ($18,000; 55 clients) United Way Bay Area 211 Services ($5,000; 500 households) Project Sentinel Landlord/Tenant Mediation Services ($67,803; 120 clients) AP-35 – Project Information Summary
# Project Name
National
Objective
To Benefit
Code
# of
Households
or Persons
SOURCE Funding
1 Bill Wilson Center – Fam. Therapy/School Outreach/Grief Couns. LMC 5D 130 CDBG $32,250 2 Bill Wilson Center – Family Advocacy Services LMC 5D 110 CDBG $32,250 3 The Health Trust – Meals on Wheels LMC 5A 20 CDBG $30,000 4 Santa Clara Senior Nutrition Program LMC 5A 300 CDBG $24,000 5 HOPE Services – Employment, Media & Community Connections LMC 5B 11 CDBG $32,250 6 Next Door Solutions – Support Services for Domestic Violence LMC 5W 70 CDBG $30,000 7 Rebuilding Silicon Valley Together – Minor Repair LMH 14A 34 CDBG $150,000 8 Neighborhood Conservation & Improvement Prog. (NCIP) – ADC LMH 14H n/a CDBG $95,750 9 Capital Improvements to Affordable Housing Facilities LMH 14A 100 CDBG $826,500 10 TBRA – Abode Services (includes funds for administration) n/a n/a n/a HOME $536,402 11 TBRA – Bill Wilson Center (includes funds for administration) n/a n/a n/a HOME $463,901 12 Project Sentinel – Fair Housing Services n/a n/a 30 HOME $22,197 13 CDBG Administration n/a 21A n/a CDBG $270,000
14 HOME Administration n/a n/a n/a HOME $0
15 Community Housing Development (CHDO) Set Aside n/a n/a n/a HOME $67,500 2022-2023 Annual Action Plan 19
AP-38 Project Summary
AP-38 – Project Summary
1 Project Title Family Therapy/School Outreach/Grief Counseling (Bill Wilson Center) Description Three counseling programs: Family Therapy, School Outreach and Grief Counseling. The purpose of the program is to reduce high-risk behavior choices, family conflict; and an increase coping skills.
Funding CDBG: $32,500
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
130 individuals (providing approximately 130 counseling sessions & 500 school outreach sessions)
Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit 2 Project Title Family Advocacy Services (Bill Wilson Center) Description A school-based, homeless and homeless prevention family and youth intervention service aimed at helping families remain intact and decrease or prevent homelessness and poverty.
Funding CDBG: $32,250
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
100 individuals (providing 40 case management services for parents, 60 students, and 15 kids under 5 years old).
Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit 3 Project Title Meals on Wheels (The Health Trust)
Description Meals on Wheels provides low-income adults and homebound and elderly adults valuable health and social services, enabling them to live independently.
Funding CDBG: $30,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
20 individuals (providing 2,073 meals and 1,179 Wellness Checks.
Location Description Citywide
Planned Activities Meal delivery and welfare checks.
Goal Outcome Indicator Public service activities other than low/mod income housing benefit 2022-2023 Annual Action Plan 20
AP-38 – Project Summary (cont’d)
4 Project Title Senior Nutrition Program (CSC Senior Center) Description The senior nutrition program provides meal service to senior citizens.
Funding CDBG: $24,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
300 individuals (approximately 15,000 meals in total)
Location Description Senior Center, 1303 Fremont St., Santa Clara Planned Activities Meal service
Goal Outcome Indicator Public service activities other than low/mod income housing benefit 5 Project Title Hope Services Employment, Media & Community Connections Description Provide employment training, classroom instruction, a media and technology component, and paid work to adults with developmental disabilities to promote independence and self-esteem.
Funding CDBG: $32,250
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
11 (developmentally disabled adults)
Location Description Citywide
Planned Activities Employment training and classroom instruction Goal Outcome Indicator Public service activities other than low/mod income housing benefit 6 Project Title Next Door Solutions to Domestic Violence Description Providing case management services, risk assessment, safety planning, legal advocacy, assistance filing restraining orders, housing assessment, and other services for domestic violence survivors.
Funding CDBG: $30,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
70 (clients)
Location Description Confidential
Planned Activities Case management and referral services Goal Outcome Indicator Public service activities other than low/mod income housing benefit 2022-2023 Annual Action Plan 21
AP-38 – Project Summary (cont’d)
7 Project Title Minor Home Repair Program (Rebuilding Together Silicon Valley) Description Provide minor home repairs for low-income homeowners occupying their homes so as to maintain basic health and safety standards, and so they can remain in their homes independently.
Funding CDBG: $150,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
34 low-income households
Location Description Citywide
Planned Activities Minor repairs to owner-occupied homes.
Goal Outcome Indicator Homeowner Housing Rehabilitated
8 Project Title NCIP – Project Delivery Costs
Description Project Delivery Costs consists of City staff costs to deliver the NCIP. Any funds not used, will become unprogrammed at the end of the fiscal.
Funding CDBG: $95,750
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Project deliver costs (i.e., administration of NCIP program).
Goal Outcome Indicator n/a
9 Project Title Capital Improvements projects for affordable housing improvements Description Capital improvement projects for affordable housing developments.
Funding CDBG: $826,500
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
100 low-income households
Location Description Citywide
Planned Activities Capital improvement projects
Goal Outcome Indicator Public facility or infrastructure activities for low/mod income housing benefit
2022-2023 Annual Action Plan 22
AP-38 – Project Summary (cont’d)
10 Project Title TBRA Administration – Abode Services
Description The Tenant-Based Rental Assistance (TBRA) will provide rental assistance for approx. 20 homeless households or those at risk of homelessness.
Funding HOME: $536,402 ($520,000 for subsidies, etc. and $16,402 for admin.) CAHF: $80,349 (for administration)
CHSF: $70,000 (for administration)
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
20 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.
Goal Outcome Indicator Tenant-based rental assistance/Rapid Rehousing 11 Project Title TBRA Administration – Bill Wilson Center Description The Tenant-Based Rental Assistance (TBRA) will provide rental assistance for approx. 20 homeless households or those at risk of homelessness.
Funding HOME: $463,901 ($447,500 for subsidies, etc., and $16,401 for admin.) CAHF: $80,348 (for administration)
CHSF: $70,000 (for administration)
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
20 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.
Goal Outcome Indicator Tenant-based rental assistance/Rapid Rehousing 12 Project Title Fair Housing Services (Project Sentinel) Description Providing case management services, risk assessment, safety planning, legal advocacy, assistance filing restraining orders, housing assessment, individual action plan development, support groups, and other services.
Funding HOME: $22,197
Annual Goals Supported Fair Housing Services
Priority Needs Addressed Fair Housing Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
50 individuals (low/mod income).
Location Description 1490 El Camino Real, Santa Clara CA Planned Activities Housing assessments, legal advocacy, and other services.
Goal Outcome Indicator Public service activities other than low/mod income housing benefit 2022-2023 Annual Action Plan 23
AP-38 – Project Summary (cont’d)
13 Project Title CDBG Administration & Planning
Description Administration and planning for all CDBG funded projects and activities.
Funding CDBG: $270,000
Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all CDBG funded projects and activities.
Goal Outcome Indicator Other
14 Project Title HOME Administration & Planning
Description Administration and planning for all HOME funded projects and activities.
Funding HOME: $0 (administration set-aside is funded to TBRA administrators) Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all HOME funded projects and activities.
Goal Outcome Indicator Other
15 Project Title Community Housing Development Organization (CHDO) Set Aside Description Rental housing rehabilitation by non-profit developers.
Funding HOME: $67,500
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
1 unit for low-income household
Location Description Citywide
Planned Activities Rental housing rehabilitation by non-profit developers.
Goal Outcome Indicator Rental units rehabilitated.
Descri
be the reasons for allocation priorities and any obstacles to addressing underserved needs Allocation of funds is based on needs and priorities identified in the 2020-25 ConPlan. The City prioritizes allocations to projects that serve the lowest income households, from 0-80% of Area Median Income.
2022-2023 Annual Action Plan 24
AP-50 Geographic Distribution – 91.220 (f)
Descr
iption of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed.
Investments will be allocated citywide.
AP-50 –Geographic Distribution
Target Area Percentage of funds
Citywide 100%
Rati
onale for the priorities for allocating investments geographically The City does not have plans to prioritize investments geographically. HOME CHDO set-aside funds may be spent in a contiguous jurisdiction if a CHDO development cannot be identified within the City limits. 2022-2023 Annual Action Plan 25
AP-55 Affordable Housing – 91.220 (g)
Intro
duction
For the purpose of this section, the ter m “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.
The City of Santa Clara has i dentified the production and mainten ance of afford able housing as the primary objective for the expenditure of federal funds in the Consolidated Plan. While CDBG and HOME funds are limited, the City will continue to allocate fun ding to affordable housing proje cts, including owner-occupied re habilitation. The City has non-federal funding sources tha t i t will use toward the development of affordable housing during Fiscal Year 2022-2023.
AP-55A – One Year Goals for the Number of Households to be Supported (by Population Type) Homeless – Housing assistance for units reserved for homeless individuals and households. 40 Non-Homeless – Housing assistance for all units NOT reserved for homeless individuals and households.
16 Special-Needs – Housing assistance for units reserved for households that are not homeless but require specialized housing or supportive services.
0 Total 56
AP-55B – One Year Goals for the Number of Households Supported Through (by Program Type) Rental Assistance – Housing assistance for programs such as tenant-based rental assistance (TBRA) and one-time payments to prevent homelessness.
40 The Production of New Units – New units, including the conversion of non-residential properties.
0 Rehab of Existing Units – Rehabilitation of existing units, including reconstruction. If unit will be acquired and rehabilitated, report the unit only once.
16 Acquisition of Existing Units – Housing assistance for programs such as down payment assistance. If the unit will be acquired and rehabilitated, report the unit only once. 0 Total 56
Discu
ssion
The City’s goal, as it relates to Affordable Housing, is to assist in t he creation a nd preservat ion of affo rdable housing for low income and special needs households through continuation of the Neighborhood Conservation and Improvement Program, rental habilitation of units occupied by low income tenants, TBRA rental subsidies, and new construction.
34 households for Homeowner housing rehabilitation (CDBG), 22 Extremely low-income households
12 Low-income households
40 households for TBRA (HOME),
30 Extremely low-income households
10 Low-income households
1 household for rental units rehabilitated (CHDO set-aside). 1 Low-in come household
2022-2023 Annual Action Plan 26
AP-60 Public Housing – 91.220 (h)
Intro
duction
The S anta Clara County Housing Authority (SCCHA) is the regional ent ity that manages and maintains housing units and administers Housing Choice Voucher programs across the County. SCCHA operates four public housing units located in Ci ty of Santa Clara. The housing authority is a HUD -designated Moving to Work (MTW) agency which allows it greater flexibility to design and implement more innovative approaches to providing housing assistance.
SCCHA plans to serve 16,775 households with MT W Housing Choice Vouchers and 90 7 with local, non- traditional property-based vouchers. County-wide, there are 3,245 existin g project-based vouchers. The majority of voucher holders have a tenant-based voucher which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept the voucher. Data on the number of vouchers in use within the City is unavailable.
Actions planned during the next year to address the needs to public housing The SCCHA has converted three of their original public housing projects to affordable housing stock, only one public housing project with four units remains in the City. The City will continue to work closely with the SCCHA to address any needs identified during the program year.
The most immediate need is fi nding housing units and owners that will accept vouchers. Stakeholder interviews also identified the need for assisting families moving into affordable units with basic necessities.
SCCHA re -proposed allocating project base d vouchers to SCCHA -owned projects wit hout competition.
This activity was original proposed and approved by HUD to allow SCCHA to issue Project Based Vouchers (PBVs) to projects owned b y SCCHA or a SCCHA affiliate entity without needing to go through a competitive selection process. The re-proposal of this act ivity would leave the original activity in place and in addition SC CHA is adopting a Housing Opportunities Through Modernization Act (HOTMA) provision that has not yet been implemented by HUD. A modification to Activity 2010-4 will allow SCCHA, at its discretion, to enter into a HAP contract for housing to be rehabilitated or newly constructed even if construction had begun without an AHAP in place.
Actio
ns to encourage public housing residents to become more involved in management and participate in homeownership
SCCHA is proactive in incorporating resident input int o t he p olicy-making p rocess. The SCCHA board includes two tenant commissioners that provide input from the tenant perspective.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.
2022-2023 Annual Action Plan 27
AP-65 Homeless and Other Special Needs Activities – 91.220 (i) Intro
duction
The numbers for the 2022 Point -in-Time Count are not yet available. I n the last County Point-in-Time Count in 2019, the count identified 9,706 homeless individuals, which was higher than any count over the last ten years. Of these individuals, 1,784 are sheltered and 7,922 are unsheltered. Individuals with the highest rates of being without shelter are the chronically homeless, homeless veterans, and unaccompanied youth. It is estimated that 25 percent or 2,470 are chronically homeless with 85 percent of those chronically homeless are unsheltered; 653 are veterans, with 68 percent unsheltered; 269 are families, with 26 percent unsheltered; and 1,876 are unaccompanied youth, with 95 perc ent unsheltered. It is also estimated that two percent of homeless individuals are living with HIV.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.
The City will continue its efforts of housin g homeless fam ilies through it s TBRA program. Th e goal is to house/keep housed approximately 40 households. The City will renew its agreement with the County of Santa Clara for FY22/23 to provide intensive case management to approximately 20 chronically homeless individuals identified by the police depa rtment. Th is program is funded with local funds. The County provides housing subsidies for the participants in this program while the City uses its Successor Housing Agency funds to provide the case management and services for the program.
Addressing the emergency shelter and transitional housing needs of homeless persons.
The City will fund agencies that serve homeless persons accessing emergency and transitional shelters.
Much of the funding will come fro m CDBG for age ncies providing public service s su ch as case management. Agencies include Next Door Solutions, Bill Wilson Center, and Abode Services.
Helpi
ng homeless persons (e specially chronically ho meless indi viduals and f amilies, families with children, veterans and t heir families, and unaccompanied youth) make the transition to perm anent housing and independent living, including short ening the period of time that individual s and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and prevent ing individuals and f amilies who were recently homeless from becoming h omeless again.
Particularly for chronically homeless, it is preferable for individuals to receive intensive case management rather than simple information and referral services. Case managers work to assist homeless individuals find housing, connect with r esources, and receive services to maintain ho using. The provision of ca se management is person-based rather than shelter- based with the goal of rapid re-housing. The goals of the Community Plan to End Homelessness establish a target of creating 6,000 housing opportunities for persons who are homeless. An additional goal is for each of the 6,000 new tenants to have access to the services that will allow them to maintain that housing.
The City will continue to u se HOME funds for our TBR A program . The TBRA program is a short-term solution to homelessness (unlike permanen t sup ported housin g for t he c hronically homeless). The 2022-2023 Annual Action Plan 28
Homeless Survey has shown that families with children are not only a special needs population, but tend to be underrepresented in Homeless Surveys. The TBRA program will continue to focus on assisting the homeless and at-risk of homelessness population; however, preferences towards families with children, and individuals and/or families exiting housing exclusively designated for domestic violence survivors will be given.
Countywide, t here were 294 homeless f amilies with children counted. Homeless fam ilies are typically underrepresented in the Homeless Survey. Oftentimes, homeless families are using shelters or transitional housing fa cilities, vehic les, and/or sp litting up and couch sur fing. This re sults in an u nderrepresented count of homeless families during the census.
Along wi th the point -in-time count, 58 7 surveys were given to homeless hou seholds/individuals. The surveys were gi ven primarily in unsheltered loca les. The results sho wed “257 chro nically hom eless individuals, 49 homeles s veterans, 19 individuals in homeless families, 42 unaccompanied children and transition-age youth.”
1 Helping low -income individuals and families avoid b ecoming ho meless, especially e xtremely low - income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corre ctions programs and institutions) ; or, r eceiving assis tance from public or pri vate agencies that address housing, health, social services, employment, education, or youth needs.
Assisting those discharged from publicly funded institutions and systems of care. The City uses local funds to match county funds for a program that houses up to twenty (20) homeless individuals that are identified by the police department as high users of community resources; some of which had bee n discharged from facilities and/or jails. This population is also provided case management services.
Youth needs. The City provides CDBG funding for family and individual counseling needs through the Bill Wilson Center which focuses on the needs of foste r children. The Bill Wilson Center also assists i n administering the City’s TBRA program. By administering these progr ams, it provides The Bill Wilson Center the unique resources to identify homeless families, foster youth in their own system, and households with children in the school system that may be in need of critical needs such as housing, health, employment, education, and other social services. 1 2017 Santa Clara County Homeless Census and Survey Report (page 33) 2022-2023 Annual Action Plan 29
AP-75 Barriers to Affordable Housing – 91.220 (j)
Intro
duction
The jurisdictions within the County face barriers to affordable housing that are common throughout the Bay Area. High on the list is the lack of developable land, which increases the cost of availab le lands and increases housing development costs. Local opposition is another common obstacle as many neighbors have st rong r eactions to infill and affordable housin g devel opments. Opposition is oft en based on misconceptions, such as an anticipated increase in crime; erosion of property values; increase in parking and traffic congestion; and overwh elmed schools. However, to ensure a healthy economy, the region must focus on strategies and investment that provide housing for much of the workforce in the reg ion – sales clerks and secretaries, firefighters and police, teachers and health service workers – whose incomes significantly limit their housing choices.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
The City identified multiple barr iers to affordable housing, includin g income and w ages that are no t consistent with the rising cost of housing, a competitive rental and home market, and diminishing public funds. The City has identified multiple constraints or barriers to the affordable housing and residential investment in its 2015-2023 Housing Element Update, including:
• Land use controls limit the allowed density of housing production; • Parking requirements increase the cost of housing.
Generally, the City faces the same affordable housing barriers as the rest of the Bay Area, including:
• High cost of development constrains the development of affordable housing units in favor of higher-end units;
• Lack of developable land p revents housing development and increases the price of land; and • Local opposition prevents affordable housing from being built in high-resource areas.
Additionally, the Assessment of Fair Housing identified the following contributing factors to fair housing issues, including affordable housing, through analysis of data and community engagement feedback:
• Displacement of residents due to economic pressures
• Land use and zoning laws
• Source of income discrimination
• Community opposition
• Availability of affordable units in a range of sizes
• Availability, type, frequency, and reliability of public transportation • Lack of access to opportunity due to high housing costs • Lack of affordable, accessible housing in a range of unit sizes • Lack of affordable housing for individuals who need supportive services • Lack of assistance for housing accessibility modifications • Lack of resources for fair housing agencies and organizations • Location and type of affordable housing
2022-2023 Annual Action Plan 30
• Loss of affordable housing
• Private discrimination
The H ousing Element i ncludes the following actions to remove or ameliorate barriers: Work with nonprofits to ac quire and reha bilitate dis tressed mu lti-family housing and convert it to low in come housing, update the City zoning ordinance to comply with state laws on reasonable accommodations, emergency shelters, transitional and suppo rtive housing and density bonuse s, acc ommodation of t he Regional Housing Needs Assessment for the 2015 Housing Element to maintain an inventory of housing sites appropriate for a range of income levels and for supportive housing for persons with physi cal and developmental disabilities, analysi s of impact fee s, pr omote cons truction of accessary units and low income housing types such as Single Room Occupancy units, continue to require developers of 10 or more homeowner units to provide Below Market Rate units, consider establishing an affo rdable housing mitigation fee for large office and industrial developments, consider a local source of affordable housing funds.
2022-2023 Annual Action Plan 31
AP-85 Other Actions – 91.220 (k)
Introduction
This section discusses efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead-based paint hazards, and developing institutional structure for delivering housing and community development activities.
Actions planned to address obstacles to meeting underserved needs One of t he major obstacles to meet ing the need s of the underserved i s the limited amount of funding available to fund public services. The City contributes general funds to fund the tenant/landlord mediation program and the United Way 211 information line.
Actions planned to foster and maintain affordable housing The City f unds Rebuilding Together Sil icon Valley to ad minister its Homeowner H ousing Rehabilitation program. The program addresses building/housing code deficiencies, abatement of hazardous conditions, repair/rehabilitation of d eteriorated conditions , an d ac cessibility fo r p ersons w ith disabi lities, all to improve the habitability, use and occupancy of owner-occupied housing. Financial assistance is provided in the form of grants. The City also ad ministers its Neighborhood Conservation Improvement Program (i.e., Homeowner Housing Rehabilitation Program). These projects are typically larger in scope than t he projects performed by Rebuilding Together Silicon Valley. Financial assist ance is provided in the form of loans with flexible terms and below market rate s.
A Memorandum of Understanding, approved by the City Council and RDA Board on November 14, 2006, directed that all RDA funds appropriated for the NCIP Program “will be commit ted permanently” to the NCIP Affordable Housing Rehabilitation Fund (AHRF). Any program income accruing from the expenditure of Successor Housing Agency (SHA) funds f or NCIP activities would also be de posited in the AHRF. That program income will not be su bject to federal restrictions or requ irements. It will primarily be used for the NCIP program, but may be used for other activities that benefit low and moderate-income persons as long as th ose activit ies addres s o ne or more of the housing and community go als set for th in the Consolidated Plan.
The City has a Below Market Purchase Program (BMP). This program requires developers to set aside 15% of newly constructed u nits fo r housing affo rdable to mode rate incom e h omebuyers. The Program is ad
ministered by H ouseKeys. The Program created an add itional so urce of rev enue to a ugment future housing and co mmunity objectives – the City Affordable Housing Fund (CAHF). After fiv e years, a BMP housing unit can con vert from a r estricted sales price to a market price. I f a B MP unit is sold after the initial 5-year period, the City recaptures the value of the affordable purchase price discount. Proceeds are deposited in the CAHF. Use of CAHF funds is not subject to federal or state restrictions. The CAHF funds will be used for activities that benefit low and moderate-income persons and address one or more of the housing and community goals set forth in the ConPlan and the City's Housing Element.
Actions planned to reduce lead-based paint hazards
The City u ndertakes HUD-funded projects in accordance with th e Lead-Based Paint Regulations. These regulations most commonly affect residential structures rehabilitated through NCIP. When identified, lead paint w ill b e c ontrolled o r abate d a nd d isposed o f p roperly t o el iminate o r reduce th e h azard o f environmental o r hu man contam ination. Th e Ci ty h as a dopted a written plan t o i mplement t he regulations in its NCIP Program and other housing rehabilitation activities. 2022-2023 Annual Action Plan 32
Actions planned to reduce the number of poverty-level families On March 24, 2017 the Santa Clara City Council unanimously passed the first worker retention ordinance in Silicon Valley. This ordinance will provide much -needed job securi ty to some of the most vuln erable workers. This law protects food and build ing service workers from mass layoffs when companies switch contractors. It requires that if a company with an office or venue in Santa Clara hires a new contractor or brings services in-house, the workers wh o currently work at that location must be kept o n for a 90-day transition period.
The City of Santa Clara is a participating member of the North County Consortium of Neighborhood Self Sufficiency Centers whose mis sion is to supp ort th e long- term sustainab ility and s elf-sufficiency of CalWORKs families. The consortium is made up of over 30 businesses, agencies and schools that have a record of successful work with CalWORKs clients.
The Santa Clara Unified School District (SCUSD) Adult Education Center has a C alWORKs Site Representative who acts as a liai son for participating CalWORKs students and Santa Clara Coun ty Social Services Agency. Som e of these responsibiliti es i nclude ensuri ng that all p articipants on campu s are remaining in compliance with federal regulations, developing a welfare to work plan, reporting monthly attendance to the County for eac h participant, and reporting progress re ports on a quarterly basis fo r each participant CalWORK s student to the Cou nty. In addition to t he Site Representativ e, the Adult Education Center has a Career Advis or for CalWORKs students to help them in job placem ent, resume development, and interviewing skills.
Actions planned to develop institutional structure
The City will continue its p articipation in the CDBG Co ordinators Committee, which increasingly has become a public forum for discussion and active planning of common strategies to address the h ousing and community need s in Santa Clara County. The City is also planning to fill a vacant hou sing analyst position to assist with HUD-related activities.
Actions planned to enhance coo rdination betw een public and private housi ng and soci al service agencies
The City will continue its e fforts t o encourage c onsortium-building among ho using de velopers, public service providers, and governmental and non-governmental entities. The City has achieved proven results in using federal funds to leverage private fu nds. The City participates in the quarterly meetings of the Supportive Hous ing Rou ndtable, which includes government agencies, h ousing developers, service providers, legal services and private funders.
Discussion
In 1983, the City of Santa Clara joined wi th several other cities t o create the North Valley Job Tr aining Consortium (NOVA) in respo nse to the federal Workforc e I nvestment Act. The consortium is a private/public partnership made up of representatives of local government, business and industry, labor, education and training systems, employment services, and community support organizations. The NOVA Workforce Board was established to guide the agency in its mis sion to deliver employment and training services that enhance the ability to live and work in Silicon Valley. Many o f the services and programs provided by NOVA targe t disadvantaged youth and adult populations, who may have limited education and/or barriers to employment. NOVA is a partner in the CONNECT! Job Seeker Center, a comprehensive resource center open to all jo b se ekers, which offers comput er access, a resource library, resu me assistance and job search workshops.
2022-2023 Annual Action Plan 33
AP-90 Program Specific Requirements – 91.220 (l) (1,2,4) Introduc
tion
Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l) (1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that i s included in projects to be carried out.
Other CDBG Requirements
1. The amount of urgent need activities. 0
2. The estimated percentage of C DBG funds that will be used fo r activities that benefit persons of low and moderate i ncome. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00
%
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the strategic plan. 0 3. The amount of surplus funds from urban renewal settlements. 0
4. The amount of any grant fund s retu rned to the li ne of credit f or w hich t he planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0
2022-2023 Annual Action Plan 34
HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l) (2) A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
1. The City does n ot use HOME funds beyond those identified in Secti on 92.205. A de scription of the guidelines that will be used for resale or recapture of HO ME funds, if used for homebuyer activities as required in 92.254, are as follows:
Homeowner E quity – for purposes of t his policy, i t is defined as the sum of the down -payment, principal paid, and homeowner improvements. Home Equity – for purposes of this policy, it is defined as the amount of HOME investment, adjusted as follows: (1) The HOME investment amount would be reduced if, at the time of the homeowner purchas e, the market p rice is less than the cost of construction, by the amount of that differenc e; and (2) Beginning after six years of residency by the original buyer, the City would red uce its share of excess p roceeds by a maxi mum of 10% fo r each additional full year the ori ginal buyer resides in the home. After t he completion of 15 years of residency by the original buy er, the City w ould have no i nterest in r ecapturing any portion of it s original HOME investment.
In the event of a sale of a HOME-assisted house during the 15-year HOME affordability period, sales proceeds would be distributed in the following order of priority:
a. Clo sing costs.
b. Primary mortgage loan (City or private lender).
c. Other loans superior to the HOME investment lien (if any have been approved by the City).
The remaining funds are considered Shared Net Proceeds under the HOME regulations and would be distributed in the following order of priority:
d. Homeowner Equity, or the amount of Shared Net Proceeds, whichever is less. e. Homeowner Shared Net Proceeds. This amount will be the greater of: (1) Homeowner Equity that was paid as described above; or (2) proportionately of the Shared Net Proceeds, according to the formula - Homeowner Equity, divided by the sum of Homeowner Equity plus HOME Equity. f. HOME investment. The r emainde r o f t he Shared Net Proceeds. If the rema ining Shared Net Proceeds are insufficient to repay the full amount of the HOME investment, the City would forgive any of the HOME investment that could not be repaid from the remaining Shared Net Proceeds.
2. A d escription of the guidelines for resale or re capture tha t ensures th e affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows:
The City secures its HOME funds by recording Deeds of Trust on the title of the property that received the funding. The period of affordability would be a minimum of 15 years.
3. Plans for using HOME funds t o refinance e xisting debt secured by multifamily hous ing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City does not have any plans to use HOME funds to refinance existing debt on multi-family.
4. HOME funds may be allocated to affordable housing capital projects in contiguous jurisdictions.
The City does not plan on using HOME funds to refinance existing debt. 2022-2023 Annual Action Plan 35
Discussion
CHDO set-aside funds. The C ity of Santa C lara will cons ider providing assis tance to affordable housing developments in contiguous jurisdictions using CHDO set-aside funds.
TBRA a ssistance. While i t would b e i deal fo r part icipants t o lo cate housing within the ci ty limits, t he program will allow participants to find housing located anywhere within the County of Santa Clara. 95% After Rehab Valuation
The City of Santa Clara may use HOME funds for acquisition purposes. Per CFR 24 92.254 (a)(iii), the City has chosen to determine separate limits for existing housing than the given median purchase price issued by HUD. City staff researched the Multiple Listings Service (MLS) to determine the number of single-family and multi-family home sales. There were less than 250 sa les per months; thus, per 24.92.254 (a)(iii), we were required to compile 3 months of sales figures. The following details the home sales in Santa Clara over the most recent three (3) months for single-f amily homes and multi-fa mily homes at the time of publication.
2022-2023 Annual Action Plan 11
AP-15 Expected Resources – 91.220 (c) (1,2)
As of
the publication of this Plan, HUD has yet to notify recipients of their annual allocation amounts. The Expected Resources noted here are based upon estimates. The Contingency Language portion at the end of this section describes what the City will do if it receives more/less funding than estimated.
CDBG Funds: The total amount of CDBG resour ces expected is $1,523,000. This total i s made up of the estimated CDBG entitlement, estimated Prior Year Resources (i.e., funds that were committed but not drawn or funds that became unprogrammed due to program income), and Program Income (i.e., income generated from prior CDBG projects such as loan repayments). - Annu
al Entitlement Funds $1,100,000
- Estimated Prior Year Balance $ 173,000
- Estimated FY22/23 Program Income $ 250,000
TOTAL $1,523,000
CDBG CONTINGENCY LANGUAGE
More than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be higher than estimated, excess funds shall be allocated in the following manner after the City’s portion for administration is set aside and public service cap restrictions are followed:
1. Attempt to fund Bill Wilson Center Family Advocacy Services (FAS) to prior year level of $35,000.
2. Attempt to fund Hope Services Employment, Media & Community Connections to prior year level of $36,504.
3. Attempt to fund Bill Wilson Center Family Therapy/School Outreach/Grief Counseling to prior year level of $35,000.
4. Switch funding source for Silicon Valley Independent Living Center from City Affordable Housing Fund to CDBG for $18,000.
5. If funding levels for 1-4 are accomplished, excess funds shall be allocated to Capital Improvement Projects for affordable housing improvements.
Less than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be lower than estimated, funds shall be allocated in the following manner after the City’s portion for administration is set aside and public service cap restrictions are followed:
1. Reduce CDBG funding to the Bill Wilson Center Family Therapy/School Outreach/Grief Counseling to bring funding to $30,000
2. If Option 1 is not sufficient, the next reduction would come from Hope Services to bring funding to $30,000.
3. If Options 1 and 2 a re not sufficient, staff will re commend the Senior Nutrition Program be reduced, and request that Council back fill any reduction with General Funds.
4. If further reductions are needed, staff will request that the $30,000 minimum grant amount directive be rescinded, and all public service agencies try to be funded at 21/22 funding levels. 2022-2023 Annual Action Plan 12
HOME Funds: The total amount of HOME resources expected is $1,090,000. This is made up of the annual HOME entitlement, Prior Year R esources (i.e., funds that were committed b ut not drawn or funds that were not programmed), and Program Income (i.e., income generated from prior HOME projects). - Entit
lement Funds $ 450,000
- Estimated Prior Year Balance $ 630,000
- Estimated FY22/23 Program Income $ 10,000*
TOTAL $ 1,090,000
* Estimated HOME Program Income (22/23). The City estimates it will receive $100,000 in PI during the upcoming FY22/23. Ten percent (10%), or $10,000, will be programmed in this 2022- 2023 Annual Action Plan to be used for administrative costs as allowed by HOME regulations. The other 90% ($90,000) will be programmed next year in the 2023-2024 Annual Action Plan. Any program income above t hese estimates will be allocated in the same manner; 10% f or administration in FY22/23, and the remaining 90% to be allocated in FY23/24.
HOME CONTINGENCY LANGUAGE
More than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be higher than estimated, excess funds shall be allocated in the following manner after the City’s portion for administration and CHDO development is set aside:
The TBRA program will be funded with the extra funds with both Abode Services and Bill Wilson Center sharing proportionately as they are currently proposed to be funded.
Less than expected: Should the 22/23 Entitlement allocation, 21/22 Program Income, and/or prior year resources be lower than estimated, all activities, except for Fair Housing Services, will be reduced proportionately based on the percentage of reduced funding after the administration set-aside and CHDO set-aside is calculated.
2022-2023 Annual Action Plan 13
AP-15 Table –Expected Resources Priority Table
Program Source
of Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description
Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
CDBG Public-
Federal
Acquisition
Housi
ng Rehab
Capital
Improvement
Projects – Public
Facilities
Capital
Improvement
Projects –
Affordable
Housing
Public Services
Admin./Planning
$1,100,000 $250,000 $173,000 $1,523,000 $2,800,000 CDBG funds may be used for: 1) Land
acquisition for
affordable housing;
2) NCIP program and
Minor Repair
Program (Rebuilding
Together Silicon
Valley); 3) Public
infrastructure and
other public facility
improvements; 4)
Capital Improv. to
affordable housing
units; 5) Public
services; 6) Planning
and administration.
HOME Public-
Federal
CHDO and
regular HOME
rental projects,
such as property
acquisition, new
const., and/or
rehabilitation.
Homeo
wner
Rehabilitation
TBRA
Admin. and
Planning for
HOME programs
and activities.
$450,000 $10,000 $630,000 $1,090,000 $1,130,000 HOME funds may be used for: 1) TBRA; 2)
NCIP; 3) Rental
development; 4) Fair
Housing Services;
and/or 5) Admin. &
Planning.
Approximately
$105,000 of the
“Prior Year
Resources” is
program income (PI)
received in FY21/22.
Approx. $100,
000 in
PI is expected to be
receipted in
FY22/23. 10% (i.e.,
$10,000) will be
programmed in this
action plan for
administrative
activities (PA) and
drawn in FY22/23.
The remaining
$90,000 will be
programmed in
FY23/24.
If FY22/23 PI exceeds
$100,000, City will
continue using 10%
for admin. and the
remaining will be
programmed in
FY23/24.
2022-2023 Annual Action Plan 14
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal funds will leverage local funds (i.e., Gener al F unds, City Affordable Housing Fu nds, and City Housing Successor Funds) to increase project efficiencies and benefit from economies of scale. The HOME match requirement will be met through the waiving of property taxes on past HOME-funded multi-family affordable developments. The local funds that will be used to fund certain activities are as follows:
Program Uses of
Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative Description Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
General
Fund
Public
Services
$129,303 0 0 $129,303 $260,000 $15,000 Live Oak
$10,000 Ombudsman Program
$15,000 Heart of the Valley
$16,500 Senior Adult Legal Asst.
$67,803 Project S
entinel
Tenant/Landlord Mediation
$5,000 Uni
ted Way 211
City
Affordable
Housing
Fund
(CAHF)
Public
Services
$225,697 0 0 $225,697 $490,000 $160,697 for case management services for TBRA.
$50,000 Int
ensive Case Mgt.
$15,000 Homeless Prevention
City
Housing
Successor
Fund
(CHSF)
Public
Services
$268,000 0 0 $268,000 $500,000 $110,000 to fund case
management services for
chronically homeless
households.
$140,000 for c
ase management
services for TBRA.
$18,000 for Silicon Valley
Independent Living Center
Other Federal Grant Programs
Additional federal programs that fund community development and affordable housing, and are provided by Santa Clara County Housing Authority and affordable housing developers include:
- Section 8 Housing Choice Voucher Program,
- Section 202,
- Section 811; and
- Affordable Housing Program (AHP) through the Federal Home Loan Bank.
FY22-23
Estimated
Entitlement
Prior
Year
Balance
Estimated PI
CDBG FY22-23
HOME FY21-22
FY22-23
Total
Expected
$1,100,000 $173,000 $250,000 $1,523,000
450,000$ $630,000 $10,000 $1,090,000
$225,697 n/a n/a $225,697
$268,000 n/a n/a $268,000
$129,303 n/a n/a $129,303
$3,236,000
# Program
Administration
Allowable
Admin
Staff
Recomm.
1A CDBG Administration (from allocation) max 20% $220,000 1B CDBG Administration (from PI) max 20% $50,000
2A HOME Administration (from allocation) max 10% $45,000 2B HOME Administration - 10% of 2020/2021 estimated PI of... $100,000 max 10% $10,000 Est. Funds
Available
max 15% $165,000
$118,000 max 15% $17,700
max 15% $182,700
# Agencies Funded
562
CDBG
Funds
562
HOME
Funds
165
CAHF
Funds
169
CHSF
Funds
001
General
Funds
1 $ 32,250
2 $ 32,250
3 $ 30,000
4 $ 24,000
5 $ 32,250
6 $ 30,000
7 $ 15,000
8 $ 10,000
9 $ 15,000
10 $ 16,500
11 $ 67,803
12 United Way 211 Services $ 5,000
13 $50,000
14 $15,000 $110,000
15 $ 18,000
16 $ 826,500
17 $ 95,750
18 $150,000
19 $536,402 $80,348 $ 70,000
20 $463,901 $80,349 $ 70,000
21 $67,500
22 $ 270,000
23 Project Sentinel - Fair Housing Services $22,197
24 $0
# Budget
Summary
TOTAL
FUNDING
CDBG
funds
HOME
funds
CAHF
Funds
CHSF
Funds
General
Funds
A Public Service Activiites $503,053 $180,750 $0 $65,000 $128,000 $129,303 B Capital Improvement Projects $1,072,250 $1,072,250 $0 $0 $0 $0 C Affordable Housing Activities $1,368,500 $0 $1,067,803 $160,697 $140,000 $0 D Program Administration $292,197 $270,000 $22,197 $0 $0 $0 TOTALS $3,236,000 $1,523,000 $1,090,000 $225,697 $268,000 $129,303
CITY OF SANTA CLARA
FISCAL YEAR 2022/2023 ALLOCATIONS
Annual Action Plan Funding Breakdown
TOTAL EXPECTED
RESOURCES
Community Development Block Grant (CDBG)
Home Investment Partnership Program (HOME)
City Affordable Housing Fund (CAHF)
City Housing Successor Fund (CHSF)
General Funds
TOTAL AMOUNT OF EXPECTED RESOURCES AVAILABLE
CDBG Funds Available
for Public Service (PS) Requests
FY22/23 CDBG Entitlement Funds Available for PS
FY21/22 Anticipated Program Income for PS
CDBG Funds Available for Public Services
Public Service Activities
Bill Wilson Center - Counseling & Family Therapy
Bill Wilson Center - Family Advocacy Services
The Health Trust - Meals on Wheels
Santa Clara Senior Center - Senior Nutrition Program
HOPE Services - Educational Serivces
Next Door Solutions - Support Services for Victims of DV Live Oak Adult - Day Services
Catholic Charities Ombudsman - Ombudsman Prog.
Heart of the Valley - Support & Transportation Services Senior Adult Legal Assistance (SALA) - Legal Assistance County - Homeless Prevention Program (HPP)
Project Sentinel - Landlord/Tenant Mediation Services
County - Intensive Case Management (ICM)
Silicon Valley Independent Living Center (SVILC)
Cap. Imp.
Capital Improvement Projects - Public Facilites
NCIP Activty Delivery Costs
Rebuilding Together - Minor Repair Program
Aff. Housng
Bill Wilson Center - TBRA Administration & Case Mgt.
Abode - TBRA Administration & Case Mgt.
Community Housing Development Org. (CHDO) Set-aside
ADMIN.
CDBG Administration
HOME Administration (allocated to TBRA administrators)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-411 Agenda Date: 5/10/2022
REPORT TO COUNCIL
SUBJECT
Action on a Vesting Tentative Subdivision Map for 1530-1540 Pomeroy Avenue
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The Applicant, Ridgecrest Group Inc., is requesting approval of a Vesting Tentative Subdivision Map (File No. PLN21-15320) to subdivide two residential parcels with a total lot area of approximately 21,000 square feet into eight condominium lots and a common parcel for the development of eight condominium units at 1530 and 1540 Pomeroy Avenue. The project site is located on the west side of Pomeroy Avenue between El Camino Real and Granada Ave.
Construction of the eight dwelling units has already been approved on the subject properties through an Architectural Review process (File No. PLN2019-13924). Two detached single-family residences are permitted on the southern parcel (1530 Pomeroy Avenue) that borders single-family residences to the west and to the south. Under the existing entitlement the parcel on the north (1540 Pomeroy Avenue) that borders commercial uses to the north and the west, would be occupied with six, three- story attached townhomes. The proposed Vesting Tentative Subdivision Map would reorganize the two existing parcels into eight condominium lots and a common parcel that is consistent with the approved development project.
A previous proposal (File Nos. PLN2016-12053 and PLN2016-12068) at this location was denied by the Council in 2018. The new proposal utilizes the new housing law that is now in effect (Assembly Bill (AB) 3194) and incorporates public input received at the previous proposal to propose a different site plan minimizing the impact to the adjacent single family residence. Currently, the property contains two parcels. The parcel at 1530 Pomeroy Avenue is zoned Low Density Multiple Dwelling (R3-18D) and has a General Plan land use designation of Very Low Density Residential (up to 10 dwelling units per acre). The proposed two single-family residences are permitted uses per the zoning code and would result in a density of 8.7 du/acre based on the lot size of 10,080 square feet (0.23 acre) and is therefore, consistent with density of up to 10 units per acre allowed for the Very Low Density Residential land use designation.
For the parcel at 1540 Pomeroy Avenue, the project utilizes AB 3194 (2019), which prohibits a local agency from requiring rezoning if a proposed project is consistent with the General Plan, but the zoning for the project site is inconsistent with the General Plan. Further, a local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning code that is consistent with the General Plan; however, the standards and criteria are to be applied to facilitate and accommodate development at the density allowed on the site by the General Plan and proposed by the housing development project.
City of Santa Clara Printed on 5/3/2022Page 1 of 3
powered by Legistar™
22-411 Agenda Date: 5/10/2022
For 1540 Pomeroy Avenue, the zoning is Agricultural (A) and the General Plan land use designation is Community Mixed Use (CMU). Pursuant to AB 3194, the project will employ the objective standards of the Medium Density Multiple Dwelling (R3-36D) zoning district to construct six attached townhomes, which is a permitted use in this zoning district. The prescribed density range for the Community Mixed Use designation of 20-36 du/acre would allow construction of 5-9 units on this site.
Based on the lot size of 10,920 square feet (0.25 acres) the density for the proposal to construct six units is 24 du/acre and within the allowable General Plan density range.
Consistent with AB3194, Architectural Review (File No. PLN2019-13924) for the proposed six, three- story townhomes and two, detached two-story single-family residences was approved at the Development Review Hearing on August 18, 2021. The project was found to be consistent with the applicable requirements of Santa Clara City Code (SCCC) chapters 18.16 (R3-18D) and 18.20 (R3- 36D).
An analysis of the proposed subdivision’s conformance to the General Plan and Zoning standards is available in the Planning Commission Staff Report (Attachment 2).
DISCUSSION
For subdivisions resulting in five or more parcels, the City Council reviews applications after Planning Commission recommendation, pursuant to SCCC section 17.05.300(g). On March 9, 2022, the Planning Commission reviewed the application for Vesting Tentative Subdivision Map and recommended approval after a robust discussion.
Commissioners discussed the differences between the previous project denied by the City Council in 2018, and questioned why the subdivision is being proposed to take place after the architectural review has already been approved at the Development Review Hearing (DRH).
Staff explained how AB 3194 (2019) preempts the City’s ability to require a rezoning of the property for the proposed development, allowing the developer to proceed with a project that is consistent with the General Plan, even though the zoning designation is inconsistent. Staff also explained that a developer has the option to propose a subdivision as an action after Architectural Review. If the subdivision was ultimately disapproved, the residences could function as an apartment complex.
Staff also advised the Commission that while a number of findings need to be made to adopt the resolution recommending approval of the subdivision, under the Housing Accountability Act the City must base its decision on objective criteria only. The Planning Commission meeting minutes are attached to this report for reference (Attachment 1).
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), for the previously approved 8-unit residential development. The MND and Mitigation Monitoring and Reporting Program were approved at the Development Review Hearing on August 18, 2021, at a publicly noticed meeting. The proposed Vesting Tentative Subdivision Map is consistent with the approved project and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact.
FISCAL IMPACT
City of Santa Clara Printed on 5/3/2022Page 2 of 3
powered by Legistar™
22-411 Agenda Date: 5/10/2022
There is no cost to the City other than administrative time and expense for the processing of this application. Staff costs associated with review of the Tentative Parcel Map are generally covered through application fees paid by the project applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
On February 23, 2022, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site.
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]> .
On March 28, 2022 and April 25, 2022, Public Comments were received on this application and are available as Attachment 8 with this report.
RECOMMENDATION
Adopt a resolution to approve the Vesting Tentative Subdivision Map to subdivide the two residential parcels into eight condominium lots and a common parcel at the property located at 1530 and 1540 Pomeroy Avenue.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Excerpt Planning Commission Minutes of March 9, 2022
2. Planning Commission Staff Report of March 9, 2022
3. Project Data Sheet
4. Resolution to Approve of the Vesting Tentative Subdivision Map
5. Conditions of Vesting Tentative Subdivision Map Approval
6. DRH Staff Report of August 18, 2021
7. Vesting Tentative Subdivision Map
8. Public Comments Received on the Application
City of Santa Clara Printed on 5/3/2022Page 3 of 3
powered by Legistar™
03/09/2022Planning Commission Meeting Minutes
1.B 22-130 Action on a Vesting Tentative Subdivision Map for 1530 and 1540 Pomeroy Avenue
Recommendation: Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to subdivide the two residential parcels into eight condominium lots and a common parcel at the property located at 1530 and 1540 Pomeroy Avenue.
Associate Planner Nimisha Agrawal provided the staff PowerPoint presentation and commented that this project previously was heard and approved at a Development Review Hearing (DRH). Applicant Omid Shakeri, Ridgecrest Group Inc., spoke regarding the project and answered questions from the Commission and noted they incorporated suggestions Council had previously made on the project.
Commissioners had a robust discussion on this item including:
- The differences between the previous project rejected by Council and now - Questions on why subdivision is taking place after the architectural review has already been approved
- Second Story units impeding privacy of one story units next door - Concerns over lack of participation in Architectural Review Process Assistant City Attorney Alexander Abbe explained how AB 3194 (2018) allows the developer to proceed with a project that is consistent with the General Plan, even though the zoning designation is inconsistent. He also stated that the City’s Architectural Review process had changed in the past several years, and so the project previously would have been considered by the Architectural Committee, but under current requirements the architectural design was heard at the DRH meeting. He also advised the Commission that while a number of findings need to be made to adopt the resolution recommending approval of the subdivision, under the Housing Accountability Act the Commission must base its decision on objective criteria only.
Assistant Director of Community Development Reena Brilliot commented that Zoning is not consistent with General Plan.
Associate Planner Nimisha Agrawal stated that this project meets all Zoning requirements and community meetings took place for the community to provide their input.
Public Speaker: J
Expressed concerns of the project
A motion was made by Commissioner Ikezi, seconded by