City Council and Authorities Concurrent
June 7, 2022

Chief of Police or designee to alter the assignment of the affected employee or to remove the employee from active duty, either on a temporary basis or on a permanent basis. Any removal from active duty will be in compliance with the rights and obligations of the City with full compliance with the rights of the affected employee. The City reserves the right to inquire into the circumstances of such mental disability to determine whether or not the alleged disability is job related.

The cost of the psychological counseling shall be borne by the City, with the following exceptions:

A. For each visit, the employee will pay $10.00.

B. For all visits, the employee will submit a claim to any medical insurance carrier available to him/her that provides such coverage.

C. The uninsured costs of all visits will be borne by the City.

D. Prior to the 21st visit to the provider in any calendar year, the provider shall advise the City that a represented employee has used the service 20 times in that calendar year. The represented employee will not be identified. However, the City will have the right to assure itself that the represented employee is not placing the City or others at risk by being permitted to continue working.

E. The amount paid by the employee and any insurance payments will be made directly to the psychologist/psychiatrist and, upon proof of payment by either or both the employee and the insurance carrier (if appropriate) to the psychologist/psychiatrist, the City will bear the cost of the remaining expense.

It will be the intention of the City to contract with psychologists/psychiatrists who have a demonstrated ability to counsel in the area of law enforcement job stress and who will agree to the terms and conditions set forth in this section of the MOU. It is understood by all parties to this agreement that the City will take all reasonable steps to implement this section but, if the City is unable for monetary, professional, ethical or legal reasons to successfully negotiate (a) contract(s) consistent with all provisions of this section, this section is then null and void.

13. OFFICERS’ STATUS WHILE UNDER INVESTIGATION
All parties to this agreement recognize the occasional need for a change of assignment or the placing of an Officer on an off-duty status while under investigation by the City and/or the Police Department for alleged acts or omissions contrary to public law and/or City and/or Police Department Rules and Regulations. The intent of this section is that affected police officers will not suffer any economic loss during this investigation.

Listed below, in order of preference, will be the measures taken to remove the officer from his/her assignment during the course of an investigation, should the Chief of Police or designee feel that such action will be in the best interests of the department and the City.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

A. Change of assignment, days, or hours of work, or all or part of the foregoing. Such change will not be considered disciplinary in nature but merely a safeguard against further acts or omissions that would be detrimental to the department and the City.

B. If a change of assignment, days, or hours of work is not feasible, an officer will be assigned time off with pay.

In all cases, the City agrees that all investigations will be conducted without undue delay and in the most expedient manner possible to prove or disprove the allegations. All noncriminal investigations by the City shall be completed within 30 days of being reported. If the investigation cannot be completed within the 30 day period, the employee and the Chief's office must be informed in writing, on a semi-monthly basis, of the current status of the investigation.

14. VACATION ACCRUAL AND USAGE
Represented employees will be entitled to use vacation as it is earned under the following conditions:

A. Annual and maximum vacation accrual rates, calculated to four decimal points for accuracy, are as follows:

COMPLETED ANNUAL MAXIMUM

YEARS OF SERVICE ACCRUAL ACCRUAL
1 through 9 years 120 hours 400 hours
10 through 15 years 160 hours 400 hours
16 through 20 years 176 hours 400 hours
21 or more years 192 hours 400 hours
B. Vacation may not be taken during the first six months of employment with the City.

Following the completion of the first six months of employment represented employees are eligible to take all or a part of earned vacation that has been posted to his/her account on a bi-weekly basis, subject to the departmental vacation use policy.

C. Vacation may be taken in 1/10th hour increments.

D. Employees who reach the maximum number of accrued vacation hours cease to earn vacation during any bi-weekly pay period when their vacation balance has reached the maximum accrual allowed for their current service. Vacation time that is not accrued to an employee because he/she has reached the maximum accrual limit will be credited to the Emergency Paid Leave Pool established under this MOU.

E. It is recognized that the long standing policy of the City as set forth in the Personnel and Salary Resolution provides that “Vacations shall be taken as determined by the Department Head, subject to the approval of the City Manager. Vacation eligibility will be as set forth in the current Memorandum of Understanding subject to any limitations contained therein.” The Association agrees with and will abide by this provision irrespective of any method of vacation scheduling which may now be in place.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

F. On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation Cash-Out Election Form” to be provided by the City an irrevocable vacation cash-out election for up to two cash-outs of vacation the following calendar year. To be effective, the employee’s written notice must be received by the Director of Human Resources or designee no later than the last business day before December 25th of the calendar year before the calendar year in which the employee wishes to cash-out vacation. The amount of vacation requested to be cashed out in the following calendar year may not exceed a total of sixty (60) hours, which number of vacation hours must have been earned in the following calendar year before it may be cashed out, and requires a sufficient balance of available accrued vacation. It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year. The date options available on the Election form provided by the City for the up to two cash-outs shall be the first full pay period in April, July, October or December.

This provision shall have no effect on an employee’s right to cash out all his or her accrued vacation at the time of the employee’s separation/retirement from City employment.

G. In lieu of receiving a vacation-leave cash payout at retirement, the Association may vote to roll accrued vacation leave hours into the employee’s Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

15. COURT CALLBACK POLICY
Notwithstanding provisions of this agreement or any prior agreements, if a represented employee is placed on a standby status to appear in court by the Police Department, or on less than 24 hour direct advance notice by the District Attorney's Office, he/she will have the option of remaining on a standby status or reporting to the Police Department prepared to testify.

If the Officer elects to remain in a standby status, no compensation will be provided to him/her. Alternatively, the Officer may voluntarily report to the Watch Commander in uniform prepared to work the requisite number of compensable minimum hours, which shall be a minimum of three (3) hours at the overtime rate on a regularly scheduled workday and a minimum of four (4) hours at the overtime rate on a day off. A “day off” shall be defined as a day that is so indicated on the Department/ Division time sheet used for payroll purposes.

A represented employee who is called back to testify in court on his/her day off shall be granted a minimum of four (4) hours at the overtime rate. A “day off” shall be defined as a day that is so indicated on the Department/Division time sheet used for payroll purposes.

16. OVERTIME PAY
A. Represented employees will be paid MOU overtime at the overtime rate of 1½ times their base rate of pay for any hours worked outside of their regular schedule. If the MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

overtime overlaps with the beginning of their shift or occurs at the end of their shift, they will be compensated only for the actual time worked.

B. If preplanned overtime and/or callback overtime does not overlap the employee’s regular work shift, the employee will be compensated for a minimum of three (3) hours at the overtime rate.

C. Regarding compensatory time off employees are permitted to accrue in lieu of payment for overtime hours worked under Department policy, the maximum number of compensatory time off hours that may be accrued is 200 hours. Requests to use accrued compensatory time off shall be granted or denied using the same procedures and standards as vacation use requests, and will not be granted if doing so would cause the Department to incur overtime.

D. The City has adopted a 28 day FLSA work period and threshold of 171 hours worked for purposes of Fair Labor Standards Act overtime eligibility. For all FLSA qualifying overtime hours, the City pays at 1.5 times the FLSA regular rate as defined by the FLSA and applicable law, with amounts owed by the City for FLSA overtime hours worked subject to any applicable credits under the FLSA and FLSA regulations.

NOTE: This section does not apply to the Court Overtime, which is outlined in Section

15. 17. DOUBLETIME PAY
A. Continuous emergency overtime that extends the regular work shift for a represented employee for more than one and one-half (1.5) the number of hours of that shift (16.5 hours for an employee assigned to and 11-hour workday, 12 hours for an employee assigned to an 8 hour shift and 15 hours for an employee assigned to a 10 hour workday) will be paid at two times the represented employee's regular pay rate for the regular shift. If the extended time occurs on an overtime assignment, the double time rate will apply to the hourly rate upon which the time and one-half overtime rate is based.

B. Voluntary overtime which causes an employee to work continuously for more than 1/2 his/her shift will not qualify for the double time premium until more than 1 and 1/2 shift of continuous work, excluding any volunteer overtime, has been worked.

Volunteer overtime is described as an assignment that is charged to a private business and only for those hours posted upon sign-up.

C. For all consecutive hours worked, including the regularly assigned shift, overtime will be paid at 1.5 times the regular rate for the first half shift of overtime and double time for all overtime hours in excess of the first half shift of overtime. If all or a portion of a second regular shift is worked without an interruption, straight time overtime will be paid in addition to the regular time for the hours worked on that shift.

D. Levi’s Stadium
1) Bargaining unit members who work overtime at NFL games at Levi’s Stadium will be paid at the double time rate for that work. Overtime under this section will be for pay only and employees may not elect to earn CTO for that work. However, MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

the parties acknowledge that the issue of full reimbursement to the City or Stadium Authority for public safety costs is currently under litigation. In the event a court of competent jurisdiction or arbitrator issues a binding decision permitting less than full reimbursement to the City or Stadium Authority for public safety costs including the payment of the overtime rate listed herein, this section will immediately reopen and the parties will meet and confer over changes to this section. From the time the contract reopens until agreement is reached, overtime will be paid at time and one-half.
2) In circumstances of mandatory staffing directives for events at Levi’s Stadium, the Department will evaluate preexisting personal schedule conflicts of affected personnel to determine if the directive may be rescinded. Considerations will include but not be limited to: prior notice by the employee and supervisor approval of scheduled time off, and the personal and fiscal impact to the employee. If such personnel are excused from staffing the event, they may be required to staff a subsequent event with mandatory personnel directives regardless of seniority considerations. Additionally, if such personnel are excused from staffing the event, personnel with higher seniority may be directed and required to staff the event.

18. REST PERIOD FOLLOWING EMERGENCY WORK
Any employee who works a minimum of four (4) hours of emergency overtime (including court appearances by an employee following a regularly scheduled overnight or graveyard shift) during the sleep period* will receive an eight (8) hour rest period commencing at the time of release from duty.
* Sleep Period: A period of time starting ten (10) hours and ending one (1) hour before an employee’s regularly scheduled shift begins.

If the rest period overlaps his/her regular work shift in whole or in part, he/she will be paid at the straight-time rate for the time which falls within his/her regular work shift.

If the employee is called back to work during his/her rest period, a new rest period will commence at the conclusion of such work.

Notwithstanding the foregoing, if the employee is required to work during regular work hours on a work shift without having had a rest period, for which he/she has qualified as set forth above, he/she shall be paid at the overtime rate for all work performed until he/she has been relieved from duty for at least eight (8) hours.

19. NIGHT SHIFT DIFFERENTIAL
Represented employees will be eligible for 5% night differential premium pay for all straight time hours worked between 5:00 p.m. and 7:00 a.m., provided that at least two (2) hours are worked during that time period.

20. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City has established a Voluntary Employee Beneficiary Association (VEBA) trust MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

under Internal Revenue Code Section 501(c)(9) for the purpose of providing a Citywide defined contribution post-retirement medical benefit for employees in all bargaining units.

The City will pay plan administrative expenses. Specific information regarding the Plan is referenced in the Plan Document.

A VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for medical insurance premiums and will not be taxed under current state and federal law. Withdrawals cannot be made for nonmedical purposes.

The City shall contribute $100 per month to the employees’ VEBA trust accounts. Per the City’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

21. RETIREE MEDICAL REIMBURSEMENT BENEFIT
The Retiree Medical Reimbursement Benefit shall provide each employee who retires from the City with a CalPERS retirement with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium beginning with the second full month after retirement from City service and ending with the last full month before the retiree’s sixty-fifth (65th) birthday. Starting with the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental insurance premium or unreimbursed single retiree health insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in 2018, the City will reimburse an amount of $352 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $211 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental health insurance premium or unreimbursed single retiree health insurance premium. The amount of the City reimbursement will be adjusted once each year by the percentage change from October to October in the San Francisco-OaklandSan Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%.

Beginning in 2004, the City has funded this benefit by an amount to be determined by an actuary.

Each retiree will be required to submit proof of medical coverage to the City each year.

The City will pay the reimbursement in a lump sum payment quarterly.

22. PREMIUM PAY
A. CRIME SCENE INVESTIGATOR (CSI) PREMIUM PAY
Effective the first full pay period following City Council approval of this MOU, any Unit 2 employee who is assigned as a Crime Scene Investigator or Field Evidence Technician shall receive an additional two and one-half percent (2.5%) of base special assignment premium while assigned. This pay shall apply to all paid hours while assigned, whether worked or taken as paid leave, and shall be included in both the MOU overtime rate and FLSA overtime rate.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

B. SPECIAL RESPONSE TEAM (SRT)
A 5% salary differential will be paid to members of the SRT team only during the time the team is (1) engaged in training activities, (2) participating in SRT team meetings, or (3) activated and combat ready. It shall be the responsibility of the Department timekeeper to mark the bi-weekly payroll sheets for the time spent in SRT duties to indicate the amount of time spent performing this particular type of duty.

C. MOTORCYCLE DUTY
Any employee of the Police Department of the City of Santa Clara who is assigned to motorcycle duty shall be compensated at his/her regular salary plus an additional 5% for each day while on such assignment and while actually performing such duty.

Such pay will be calculated on the same basis as other premium pay, e.g., SRT pay, etc. It shall be the responsibility of the Department timekeeper to mark the bi-weekly payroll sheets for the time spent in the motorcycle duty to indicate the amount of time spent performing this particular type of duty.

D. FIELD TRAINING OFFICER (FTO)
All classified employees of the Police Department who act in the capacity of Field Training Officer will be compensated a differential of 5% while assigned as a Field Training Officer. Such officers must successfully pass the Field Training Officer selection process as outlined by the City Police Department and as finally approved by the Chief of Police.

E. NARCOTICS TASK FORCE
All employees in the classification of Police Officer who are assigned to the Narcotics Task Force will be compensated an additional 5% salary differential for all time spent in such assignments. The 5% salary differential for time spent assigned to the Narcotics Task Force shall be compensated in the same manner as Motorcycle Officers. It shall be the responsibility of the Department timekeeper to mark the biweekly payroll sheets for the time spent in the Narcotics Task Force to indicate the amount of time spent performing this particular type of duty. “Narcotics Task Force” is synonymous with successor narcotics assignments in which the officer is assigned to work singly or with a group composed of single agency personnel or with multi-agency personnel, so long as the assignment is fulltime narcotics investigation.

F. CRISIS INTERVENTION TRAINING (CIT)
Effective December 25, 2022 (the first pay period of calendar year 2023), employees shall be eligible for crisis intervention training/de-escalation (“CIT”) premium pay of approximately 3% of the employee’s base pay. To be eligible for the CIT premium pay, an employee must have the following:
1) California POST Crisis Intervention Training (Basic) Certification, or 2) California POST Hostage (Crisis) Negotiation Training (Basic Certification), or MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

3) 24 hours of accumulated training as approved by the Department’s Training Unit, including but not limited to courses in crisis intervention, de-escalation, strategic communication, and other topics relative to promoting positive, non-biased, nonuse of force interactions with the community.

23. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:
1) Intermediate POST Certification. Effective retroactive to December 26, 2021 (the first pay period of calendar year 2022), employees that have achieved Intermediate POST certification shall receive 3.75% of base pay for this certification.
2) Advanced POST Certification. Effective retroactive to December 26, 2021 (the first pay period of calendar year 2022), employees that have achieved Advanced POST certification shall receive an additional 3.75% of base pay for this certification.

B. To be eligible, and receive payment, employees must either provide proof from POST of the Intermediate or Advanced POST certificate or get written confirmation and approval from both the Training Sergeant and Police Chief (or designee) that the requirements for certification have been successfully completed. POST Certificate Pay shall be included on the Salary Adjustment Form as a mandatory allocation.

24. ON-CALL PAY
The City will credit two (2) hours of overtime compensation per week for “on call” pay for the following listed investigator assignments for weeks when investigators in those assignments are assigned to be on call:
• Property Crimes Detective Sergeant
• Burglary Detective
• Auto Theft/SET Detective
• Financial Crimes Sergeant
• Identity Theft/Arson Investigator Detective
• Robbery/Homicide Sergeant
• Robbery/290 Detective
• Sex Crimes/Elder Abuse Sergeant
• Juvenile Sex Crime Detectives
• Assaults/General Person Crimes Sergeant
• Domestic Violence Detective
Effective the first full pay period following City Council approval of this MOU, the City will also credit two (2) hours of overtime compensation per week for “on call” pay for the following assignments for weeks when assigned to be “on call” • Traffic Officer (2)
• Traffic Sergeant
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

• Traffic Investigator
• CSI Officer (2)
• CSI Sergeant

25. PUBLIC INFORMATION OFFICER/EXPLORER COORDINATOR PAY A. Public Information Officer: Effective the first full pay period following Council approval of this MOU, the individual assigned on an on-going basis as the Department’s Public Information Officer shall receive a pay amount equal to an additional hour of overtime compensation each pay period in recognition of the additional time spent outside his/her regularly scheduled hours performing Public Information Officer work for the City.

This pay is inclusive of any FLSA or overtime obligation that might apply and represents the parties’ good faith estimate of the amount of additional time outside the employee’s regular schedule that is required.

B. Explorer Coordinator: Effective the first full pay period following Council approval of this MOU, the City shall provide a total of ten hours of compensatory time off per month to Explorer Coordinators (i.e. either 10 hours to one Explorer Coordinator, or 5 hours each to two Explorer Coordinators or 3.33 hours each to three Explorer Coordinators), which amount represents a good faith estimate of the average total amount of time spent per month performing Explorer Coordinator duties outside his/her/their regular work hours. This amount is intended to fully compensate the applicable employee(s) for this work, inclusive of any FLSA or other overtime obligation.

26. ARMORER COMPENSATION
The represented employee who is assigned the added duty of Armorer will be paid $300 per year as extra compensation for on-duty time related to the assignment. Payment will be made on a quarterly basis in January, April, July and October in advance as other pay, subject to taxes and retirement.

27. BILINGUAL PAY
Employees shall be entitled to receive, in addition to their regular compensation, the additional payment outlined below for bilingual skills if they meet the following criteria:
• Certification from the City, by oral examination, that the employee possesses the needed language skills.
• Certification by the Chief of Police that a particular assignment involves need for the required skills on a regular basis.
• Certifications required and obtained above will not necessarily follow an employee if transferred or promoted.

Bilingual pay shall be forty-five dollars ($45.00) per bi-weekly pay period.

In addition, employees that can demonstrate a higher level of bilingual proficiency by satisfying a more rigorous job connected oral and written testing process required by the Police Department than required for the standard bilingual pay described above shall MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

receive an additional $45 per bi-weekly pay period, i.e. a total of $90 per bi-weekly pay period.

28. RECRUITMENT INCENTIVE
If a represented employee recruits and is responsible for a police officer, sergeant, or lieutenant joining the Santa Clara Police Department, the represented employee shall receive compensatory time off as follows:
• 10 hours of compensatory time off when the employee is hired • 10 hours of compensatory time off after the employee successfully completes the Field Training Program (becomes a solo beat officer)
• 10 hours of compensatory time off at the time the employee successfully completes probation (18 months)
To be eligible, an applicant must identify the represented employee at the time of application as being responsible for the applicant seeking employment with the Santa Clara Police Department. The Professional Standards Unit Sergeants and any other employees directly involved in the hiring process are not eligible for compensatory time off under this section.

29. TEMPORARILY WORKING IN A HIGHER CLASSIFICATION
Represented employees may be assigned to work temporarily in a higher classification than his/her own by the Department Head or designee. The assignment must be in writing and the employee must assume the duties of the higher classification.

Classifications in this unit shall be paid at least 5% more than their prevailing salary or at the entrance step of the range of the higher classification to which the incumbent may be temporarily assigned by the Department Head or designee to work out of classification, whichever compensation pattern is greater. To qualify, the time worked shall be no less than four (4) hours during the work day. After qualification, the employee will be compensated for Out of Classification from the first hour of the assignment.

Employees may be assigned to work outside of the specific classifications, and without regard to any working out of class special compensation, in any Civil Defense situation where an actual state of emergency has been officially declared to be in effect within the City or County.

30. UNIFORMITY OF SALARY STEPS
The salary schedule will be developed as follows:

A. There will be a five percent differential in the hourly rate between salary steps 1, 2, 3, 4, 5, and 7. Salary step 6 will be the mid-point between salary steps 5 and 7.

B. Salary step 1 for the position of Police Sergeant will be the same hourly rate as salary step 4 for Police Officer (approximately 15.7% difference). Salary step 1 for Police Lieutenant will be the same as salary step 4 for Police Sergeant (approximately 15.8% difference).

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

C. The hourly rate of pay will be an exact amount rounded to three decimal places. The bi-weekly rate of pay will be an exact amount that is 80 times the hourly rate of pay rounded to two decimal places. The monthly salary will be an approximate amount derived from multiplying the hourly rate by 2080, dividing by 12 and rounding to the nearest whole number.

D. The salary schedule will be developed based upon the current monthly rate for Police Officer at salary step 5, increased by the percentage which is derived from application of the negotiated Total Compensation increase. Future salary adjustments will be derived from application of the percentage salary increase that is derived from the negotiated Total Compensation increase applied across the salary schedule.

31. STEP INCREASE EFFECTIVE DATE
The practice of awarding step increases is as follows:

A. Employees who have an anniversary date that falls within the first week of the pay period and who have been approved for a step increase will be adjusted on the beginning day of the pay period during which the anniversary date falls.

B. Employees who have an anniversary date that falls within the second week of the pay period and who have been approved for a step increase will be adjusted on the beginning day of the pay period immediately following the anniversary date.

32. TRAVEL COMPENSATION FOR TRAINING
Employees who are authorized to travel to or from a training event site that is outside Santa Clara will be compensated as follows for such travel:

A. Authorized and required travel on a regularly scheduled work day, outside scheduled work hours, will be compensated at the appropriate overtime rate for actual time spent traveling to the training site.

B. Authorized and required travel on a regularly scheduled day off will be compensated at the appropriate overtime rate for actual time spent traveling to the training site or the regularly scheduled number of hours of the employee's regular work day, whichever is less. For example, an employee who regularly works a 10 hour shift Monday through Thursday would be compensated for up to ten hours for travel that took place on Sunday, but would not be compensated for any travel that was more than ten (10) hours.

Officers will be required to adjust their normally scheduled work hours as necessary and practical to avoid the payment of overtime whenever possible.

Travel time for training that is required by the Department, required to maintain POST Certification, or required to perform a special assignment or collateral duty and which takes place outside regular work hours will be eligible for compensation.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

33. TRAVEL COMPENSATION WHILE ON EXTRADITION ASSIGNMENT Employees who are required to travel for prisoner extradition outside Santa Clara, or who voluntarily accept such assignment, will be compensated as follows for such travel:

A. Authorized travel on a regularly scheduled work day, outside scheduled work hours, will be compensated at the appropriate overtime rate for actual time spent traveling to and from the extradition site.

B. Authorized travel on a regularly scheduled day off will be compensated at the appropriate overtime rate for actual time spent traveling to and from the extradition site.

C. The Division Commander and/or the immediate supervisor may adjust the normal work schedule for the employee in order to minimize the overtime impact of the assignment with a minimum 14 hours’ notice.

Employees performing work directly related to the extradition of the prisoner will be compensated at the appropriate rate while performing such work.

34. PER DIEM
Represented employees will receive the City allowed per diem while attending on-duty training.

35. CANINE CARE
A. Represented employees serving as Canine handlers are entitled to up to 3 ½ hours per week of paid time off for the care of the assigned canine. Time off shall not be charged to any other leave balance.

B. In the event a canine is killed in the line of duty, the City shall provide for burial arrangements that meet with the City's approval.

36. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) For employees that do not meet the definition of “New Members” under the Public Employees' Pension Reform Act of 2013 ("PEPRA"), the City shall maintain its Safety contract with CalPERS providing the "3% @ 50" retirement formula and additional benefit options, including but not limited to single highest year compensation period.

For employees that meet the definition of “New Members” under the Public Employees’ Pension Reform Act of 2013 (“PEPRA”), the City shall maintain its Safety contract with CalPERS to provide the " 2.7% @ 57" retirement formula and additional benefit options, including but not limited to the three (3) highest years compensation period.

37. HEALTH INSURANCE
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.” The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

Because CalPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this Section so long as the City contracts for benefits with CalPERS for medical insurance benefits.

Pursuant to the PEMHCA, the City will provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to the PEMHCA minimum contribution provided to an active employee under this Section.

B. Definitions. For purposes of this section:
1) “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.
2) “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week C. Effective June 21, 2015
1) Mandatory Health Allocation
Effective June 21, 2015, Kaiser single employee health insurance plus $100/month will be included in the Salary Adjustment Form as a Mandatory Allocation. The amount allocated will be the Kaiser single employee health insurance premium plus $100/month minus the monthly statutorily required Public Employees Medical and Hospital Care Act (“PEMHCA”) contribution. The PEMHCA contribution will remain in the Salary Adjustment Form as a separate Mandatory Allocation. The City will change the dollar amount designated within the Salary Adjustment Form for Kaiser single employee health insurance when the premium amount changes annually and/or when the statutorily required PEMHCA contribution changes. Under State law, the monthly PEMHCA contribution will be adjusted annually by the CalPERS Board of Administration to reflect any change in the medical care component of the Consumer Price Index. 2) Discretionary Health Allocation [THIS PARAGRAPH IS SUSPENDED FOR THE TERM OF THIS MOU]
The Association may (on a once-a-year basis, commencing with the beginning of the calendar year) designate within the discretionary portion of the Salary MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

Adjustment Form a fixed monthly sum to be paid by the City for all represented employees toward health insurance premiums. If the health insurance premium for the individual employee exceeds the amount allocated, the balance is paid by way of a salary deduction from the pay of the individual employee. As an exception to the once-a-year usual rule set forth in this paragraph, the Association may also designate changes in its discretionary allocation(s) on the Salary Adjustment Form to be effective June 21, 2015.

D. Health Insurance Contributions
1) For Plan Year 2022:
a. For Plan Year 2022, employees who enroll in a City offered health plan and whose premium exceeds the total of the City’s Health Flex Contribution, Additional Health Flex Contribution, and/or Regular Flex Contribution applicable to the employee and as described below, the balance of the premium shall be paid by a salary deduction from the pay of the individual employee.
b. HEALTH FLEX CONTRIBUTION AND ADDITIONAL HEALTH FLEX

CONTRIBUTION
For Plan Year 2022, the City will offer employees a Health Flex Contribution to put toward the payment of a City offered health plan. This amount applies for 2022, and shall be modified each calendar year using the Rate of Pay Safe Harbor (based on the lowest base pay of any full-time employee covered by this MOU) to ensure the City’s offered coverage is “affordable.” For Plan Year 2022, the City shall contribute the statutorily required minimum contribution under PEMHCA as determined by CalPERS in each calendar year. It is understood and agreed that the Health Flex Contribution described in this paragraph shall equal or exceed the City’s statutorily required minimum PEMHCA contribution.1
Employees who enroll in a City health plan for which the premium amount is more than $835.66/month shall receive an Additional Health Flex Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall equal $200 per month over the Kaiser (Region 1) employee only premium amount for the applicable year.

Employees may not receive all or any portion of the Health Flex Contribution or Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits.

Employees who do not enroll in City-offered health benefits will not receive any of the Health Flex Contribution or Additional Health Flex Contribution. c. REGULAR FLEX CONTRIBUTION
1 As an example, for 2022, the PEMHCA minimum is approximately $149/month and the Health Flex Contribution is $149/month, which includes the PEMHCA minimum of $149/month.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

For Plan Year 2022, the City will provide a Regular Flex Contribution equal to $835.66/month less the Health Flex Contribution. Employees may use the Regular Flex Contribution to pay for health benefits offered under the City’s Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 37.D.1(d). below.

For employees who enroll in City health and whose benefits exceed the total of the City’s Health Flex and Regular Flex Contributions to them, the balance of the health premium shall be paid by a salary deduction from the pay of the individual employee.
d. CASH IN LIEU
For Plan Year 2022, employees who choose not to enroll in a City health plan, and meet the requirements set forth below shall receive a Cash in Lieu amount equal to $835.66/month minus the Regular Flex Contribution (for 2022, the Cash in Lieu amount thus is $149/month).

In order to receive Cash in Lieu of health coverage, an employee must sign a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
• Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies.
• Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
• Opt Out Period means the plan year to which the opt out arrangement applies.

An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash in lieu.

The Cash in Lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the cash in Lieu contribution described in this subsection.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

e. Effective December 31, 2022, this Section 37.D.1 shall expire and become ineffective.
2) Effective January 1, 2023:
a. Effective January 1, 2023, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred percent (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contributions pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.

There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
b. Cash In Lieu
(1) Effective January 1, 2023, a full-time employee hired on or before December 31, 2022, and who chooses not to enroll in a City health plan and meets the requirements set forth below in in this subsection shall receive a Cash in Lieu amount equal to $835.66/month paid out on the first pay period of the month.
(2) A full-time employee hired or rehired on or after January 1, 2023, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month. (3) Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(a) Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies.
(b) Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

individual market, whether or not obtained through Covered California).
(c) Opt Out Period means the plan year to which the opt out arrangement applies.
(d) An employee must provide the attestation every plan year and proof of Alternative Required Coverage during open enrollment for each plan year for the employee to be eligible to receive Cash in Lieu. (e) The Cash in Lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such Alternative Required Coverage, or if the conditions in this paragraph are not otherwise satisfied.
(f) An employee who opts out of City-offered health benefits, and does not provide the attestation and proof of Alternative Required Coverage, will not receive the Cash in Lieu contribution described in this subsection.
(4) For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in Section F below.

E. FLEXIBLE SPENDING ACCOUNT (IRS SECTION 125 PLAN)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un reimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document.

This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

F. Proration of Benefits
For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, benefits shall be prorated based on the employee’s fulltime equivalent (FTE) level.

38. DENTAL INSURANCE
The City will pay toward dental insurance premiums an amount equal to the lowest cost employee only premium amount among the dental plans offered by the City. All employees are required to enroll in a dental plan.

39. VISION INSURANCE
For persons enrolled in the City’s VSP vision plan, the City will pay toward vision insurance premiums an amount equal to the lowest cost employee only vision premium.

Participation is voluntary. Employees that do not choose to enroll in a vision plan are not MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

entitled to the benefit of City contributions to vision premiums described in this paragraph.

40. DEFERRED COMPENSATION
The City shall contribute $150 per month to the City’s Section 457 deferred compensation plan on behalf of each represented employee.

41. ASSIGNMENT BID SYSTEM
The City agrees to a seniority bid system for all Patrol Officers, approved jointly by the Association and the City

42. 10 PLAN
A. All represented employees are assigned to a 10-hour, four (4) day workweek.

B. The exact hours of assignment will be as defined in a program that has been developed jointly by the City and the Association.

C. Any alternative schedule may be proposed, adopted, and/or discontinued in accordance with Section 47 of this MOU.

43. LIMITED/ALTERNATIVE DUTY
Upon a written release to return to work from an employee’s doctor, subject to review by a City doctor, the City may require an employee who has been off work due to illness, injury or other health condition to return to work within the physician’s specified medical restrictions. The release must be in writing.

Nothing in this section is intended to imply that an employee has a right to a limited/alternative duty assignment. All such assignments are temporary assignments and are subject to the City’s periodic review of the employee’s continued need for limited or alternative duty and the Department’s ability to continue the employee in the assignment.

In placing an employee in a light/alternative duty assignment, if requested by the employee, the Department will consider whether an appropriate, beneficial and available light/alternative duty work assignment exists on the employee’s usual shift. If no such assignment is available and/or would not benefit the Department, the Department retains the right to place the employee in a light/alternative duty work assignment on a different shift. The Department also reserves the right to change an employee’s light/alternative duty assignment to a different shift after the light/alternative duty assignment has begun if doing so would better promote and serve Department interests. Employees shall be provided two weeks advanced notice if they are to be placed in a light/alternate duty assignment with a different shift than their usual shift.

An employee returning to a light/alternative duty work assignment from an industrial injury or illness leave shall receive the employee’s usual shift differential even if the employee is assigned to a light/alternative duty assignment that would not otherwise entitle the employee to a shift differential. An employee returning to a light/alternative MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

duty work assignment from a non-industrial injury or illness shall not receive the shift differential applicable to the employee’s regular work schedule unless the light/alternative duty assignment work schedule to which the employee is assigned would entitle the employee to a shift differential.

It is the City’s intent with regard to light/alternative duty assignments to have sworn personnel perform law enforcement related duties to the maximum extent possible, recognizing though that the specific duties of a light/alternative assignment will need to take into account the employee’s medical restrictions and the needs of the Department.

An employee who has a job related illness or injury which required the employee to be off work under Workers’ Compensation, and who does not qualify for limited or alternative duty, will be reassigned to an 8-hour, day, Monday through Friday, work schedule for the purpose of keeping required medical appointments and, subject to the employee being medically able to do so, to honor all scheduled court appearances while so incapacitated.

In the event the Americans with Disabilities Act requires modification of the provisions of this section, it is agreed that the law will prevail.

44. EMERGENCY PAID LEAVE POOL
A. ADMINISTRATION
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board) consisting of one (1) member of the Association, the Chief of Police (or designee) and the Director of Human Resources (or designee). Determination of eligibility to use the emergency paid leave established in this Emergency Paid Leave Pool (Pool) will be by majority vote of this board. An adverse decision of this board may be appealed to the POA Board of Directors and their determination shall be final.

B. METHOD OF DONATION
1) Contribution of vacation or CTO to the Pool will be computed at the member's base hourly rate of pay (excluding premium or specialty pay). 2) Contribution may be made from earned vacation, CTO or cash only. Conversion of Sick Leave to Vacation for purposes of donation to the Pool will be immediately credited to the Pool.
3) In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, computed at the contributing employee’s base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need.
4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the Pool when the employee's vacation accrual MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

has reached the maximum allowed.
5) Funds contributed to the Pool will be placed in an interest bearing Trust Fund.

The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated. 6) Nothing herein shall preclude a donation of leave or funds to a member of Unit 2 from employees in other bargaining groups, nor preclude such a donation by employees in Unit 2 to employees in other bargaining groups.

C. USE OF POOL
1) Employee must have a verified emergency need for time off to request emergency paid leave from the Pool. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency. Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. An employee’s initial request to use leave for a medical emergency shall be made to the City’s Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee’s request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the individual making the request, the date of the request and whether or not the individual’s request qualified as a verified medical emergency need under this section. 2) Employee must have exhausted appropriate paid leave (sick leave, vacation or CTO) prior to becoming eligible to request emergency paid leave from the Pool. 3) The maximum time available from the Pool (subject to the assets of the Pool) will be 320 hours (four [4] pay periods) for emergency paid leave benefits due to the illness or injury of the employee or the maximum hours allowable for accrual of vacation for emergency needs of the family of the employee. 4) Emergency paid leave dollars will be deducted from the Pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay) times hours deducted from the Pool.
5) Emergency paid leave hours will be made available for use in the pay period following approval by the Association.
6) Use of emergency paid leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation.
7) Emergency paid leave that has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the Pool.

Vacation, sick leave and other benefits that have accrued to the employee will remain in the employee's account.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

45. ACCRUAL OF SICK LEAVE WHILE ON LABOR CODE 4850 BENEFITS Employees who have sufficient paid time in a pay period, including time under Section 4850 of the State of California Labor Code, will be credited for sick leave accrual during that pay period.

46. INDEMNIFICATION FOR ACCIDENTAL OFF-DUTY DISCHARGE OF FIREARMS The City shall indemnify represented employees from any liability claims and costs for personal injury or property damage caused by the accidental discharge of his/her authorized firearm while off-duty provided that:

A. The firearm that was discharged was authorized by the Santa Clara Police Department for use as the regular duty weapon (or as a second weapon) or is the property of the City of Santa Clara and is under the custody, care and control of the employee at the time the firearm was discharged ["firearm"]; and B. The employee was not engaged in an unlawful act at the time the firearm was discharged; or
C. The employee was not legally under the influence of alcohol or illegal drugs at the time the firearm was discharged; or
D. Although off-duty from the Santa Clara Police Department, the employee was acting in the capacity of a police officer as provided by the State of California at the time the firearm was discharged.

For purposes of the interpretation of this section, "accidental discharge" of the firearm when off-duty (while permitted by law to carry such firearm) is further defined as:

A. The unintentional discharge of the firearm while the employee is carrying it on their person in an appropriate manner; or
B. The firearm is being transported from one location to another; or C. The firearm is being cleaned; or
D. The firearm is being shown to another person where the sole purpose of such use is for display.

47. LAY-OFF POLICY
The need for reduction in force shall be determined by the City Manager as a result of the resource allocation plan adopted by City Council. The determination to reduce the work force shall contain reasons for reduction and a listing of programs which are affected, and the specific City classifications and numbers within each classification which shall be reduced.

In the event the City demonstrates it is necessary to reduce the work force of represented employees, the City agrees to meet-and-consult with the Association at least thirty (30) days prior to any layoff notifications to receive recommendations as to MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

how best to accomplish this process with the least impact on represented employees, and to explore alternatives such as reductions in work hours, freezing of step or merit pay increases or similar programs which will result in reducing the City's labor costs.

If the City implements a reduction in work force, the City will administer the lay-off policy consistent with the following concepts:

A. ORDER: The order of lay-off shall be as follows:
1) Temporary (as-needed) employees in the classification identified for reduction 2) Probationary employees in the classification identified for reduction 3) Permanent employees in the classification identified for reduction in inverse order of seniority based on hire date within the Police Department as described in Section B, entitled “SENIORITY”.

B. SENIORITY: Seniority shall be determined by the length of current continuous, permanent service within the Police Department regardless of classification in which employed. Continuous service shall be defined as that which has not been interrupted by separation of service from the Police Department. Seniority shall be retained, but shall not accrue, during any period of authorized leave without pay (more than 5 days), except for military leave.

C. NOTICE: When the City determines that it must implement a reduction in work force, notice to the employee shall be in writing at least thirty (30) days prior to the effective date of the lay-off. The Association shall also receive concurrent notification of layoff. The notice of lay-off shall contain the following:
1) Reason for lay-off
2) Effective date of lay-off
3) Opportunity to discuss lay-off with a representative of management 4) Conditions governing re-employment
5) Information regarding Unemployment insurance
D. REASSIGNMENT (BUMPING): Employees identified for lay-off shall have reassignment rights (bumping) to the same classification in a different department or division or to a previously held classification in which the employee attained permanent status based upon seniority with the City of Santa Clara. Employees must exercise these rights by notifying Human Resources, in writing, within seven (7) calendar days after receiving written notification of the lay-off.

An employee who is reassigned to a lower classification as a result of a reduction in force and who was qualified to apply for a promotional examination for a position in the Police Department before being reassigned into the lower classification shall continue to be eligible to apply for a promotional examination for that higher position as long as he/she continues to meet the education and experience requirements for that higher classification.

In the event of lay-off, any employee so affected may elect to:

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

A. Accept a position in a lateral or lower class in which he/she has permanent status, or a position in a lateral or lower class within the series containing the class from which the employee is being laid off, provided he/she is otherwise qualified and is more senior than the least senior employee in such lateral or lower class.

B. Accept a position in higher class, provided he/she has held permanent status in such higher class, and further provided that the employee's transfer from the higher class was voluntary and occurred during his/her current period of employment and provided he/she is otherwise qualified and is more senior than the least senior employee in such higher class.

C. Accept a vacant position in a lateral or lower class for which he/she is otherwise qualified.

D. Any employee entitled to an option noted above, which involves assignment to a lower classification, may elect to be placed on lay-off in lieu of accepting such assignment to the lower class. In the event the employee elects to be placed on layoff, such employee will only be recalled to the classification from which the employee elected to be placed on lay-off. The decision to not accept assignment to a lower classification may adversely affect the employee's ability to collect unemployment insurance.

RE-EMPLOYMENT/REINSTATEMENT LISTS
The names of regular or probationary employees laid-off according to this policy will be placed on a Re-employment List for each classification for which the employee is eligible in the inverse order of the lay-off. Individuals’ names will be retained on a Reemployment List for classified positions for the shorter of either two (2) years from the effective date of lay-off or the date on which a laid off employee rejects an offer of reemployment in the classification from which the former employee was laid off.

Employees whose names are on a Re-employment List for classified positions will be notified of other related openings for which testing is scheduled.

In the event an employee accepts reinstatement to a lower class than the one from which laid off, such person's name shall remain on the Re-employment List for reinstatement to the class from which laid off, lateral classes or other higher classes upon which his/her name appears provided such person, except for lack of seniority, would have been otherwise entitled to such lateral class at the time of the most recent lay-off. Laid off persons who are re-employed under this provision shall be re-instated with the same seniority, including leave accrual rates, as at the time they were laid off.

Employees whose names are on a Re-employment List for classified positions will be notified of other related openings for which testing is scheduled.

48. REDUCED WORK WEEK/REDUCED PAY AND VOLUNTARY TIME OFF (VTO) Employee participation in this plan is contingent upon the City's understanding and agreement that employee participation cannot be interpreted as anything other than a temporary and limited good faith effort being made by the employee to do his/her part to help ease the current budget crisis. This is not to be construed as a representation of employee commitment to a permanent program or an admission of any kind that the employee would not be harmed by such a plan becoming mandatory.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

A. REDUCED WORK WEEK/REDUCED PAY
Employees may request a reduced work week schedule (32 hours per week instead of 40 hours per week, for example) at the same hourly rate of pay, subject to the following conditions:
1) With the approval of the Department Head and the City Manager, a binding work schedule as requested by the employee will be developed that may be modified only with the approval of both the City and the employee. 2) More than a 20% reduction of the work week in a pay period will result in proportionate reduction of accrual of sick leave and vacation. 3) No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit. 4) Impact on retirement and other benefits will be determined by the application of actual work hours and rates of pay required under each of those programs. 5) Overtime hours will be paid at the straight time rate for hours worked which are less than the employee’s regular daily work schedule or 40 hours per week.

Overtime hours worked in excess of the employee’s regular daily work schedule or more than 40 hours per week will be at the appropriate overtime rate. 6) Cancellation of the employee's participation in the program will be by mutual agreement of the employee and the Department Head, with the approval of the City Manager.

B. VOLUNTARY TIME OFF
Employees may request voluntary unpaid time off under the following conditions:
1) Approval of a work schedule that does not adversely impact the operations of the department or other employees in the work unit with the approval of the Department Head and the City Manager.
2) No impact on either sick leave or vacation accrual if sufficient hours are worked in a pay period to entitle the employee to his/her regular accrual rate for either benefit.
3) No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

4) Voluntary time off may be taken without the employee first using all of his/her accrued Compensatory Time Off (CTO).
5) Employee may cancel his/her participation in the program with a notice time agreed upon at the time of the granting of the request which will be sufficient to allow the department head to accommodate the request.
6) Cancellation of the employee's participation in the program will be at the discretion of the Department Head with the approval of the City Manager.

49. REPRESENTATION OF RECRUIT POLICE OFFICER
The Association is the representative organization for the classification of Recruit Police Officer. Employees assigned to this non-sworn classification will be entitled to the benefits assigned to the sworn classifications represented by the Association, except that they will be miscellaneous members of the Public Employees Retirement System (CalPERS) and be covered by Social Security and they will not be accorded the protection afforded sworn employees in the Peace Officers Bill of Rights.

50. ASSOCIATION DUES AND NEW EMPLOYEE ORIENTATIONS
A. DUES DEDUCTION
All employees within the bargaining unit represented by the Association may voluntarily join the Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter “payroll deductions”) as determined by the Association. It shall be the responsibility of the Association to maintain a record of employees who have given their written consent to join and pay dues to the Association. The Association shall certify to the City the identity of such members and the amount of such payroll deductions to be deducted.

The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Association, or pursuant to an authorization form tendered to the City by either the Association or the employee. All sums deducted by the City shall be remitted to the Association in an expedient manner and at the intervals requested by the Association (i.e., no more than seven (7) calendar days after the deduction), together with a list of names of each employee for whom a deduction was made.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

Notification will be provided to the City’s Payroll Division. Any change, cancellation or deduction request received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

The Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any claims, demands, lawsuits, or any other action arising from the operation of this Section. The City shall promptly provide the Association with notice of any such claim, demand, lawsuit, or any other similar action arising from the operation of this Section.

B. NEW EMPLOYEE ORIENTATION
The City shall provide the Association with reasonable advance notice of the start date of any new hire to a represented classification. The City shall provide the Association with an exclusive 30 minute meeting with any new employee or group of employees covered by this MOU, during the employee(s)’ the first week of employment). The specific date, time, and location of the 30 minute Association meeting with new employees will be coordinated by the Chief of Police and the President of the Association.

51. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents and domestic partners, subject to the requirements of each benefit provider.

52. ALTERNATE WORK SCHEDULE
During the term of this agreement, the POA may propose an alternate work schedule.

Such proposal must be made in accordance with City Manager Directive #71 and submitted to the Chief of Police. Consideration will be given as to the feasibility of such proposal pursuant to the evaluation criteria contained in CMD #71. Management retains the sole right to determine scheduling needs. A proposal for alternate work schedule, and the establishment or discontinuance of an alternate work schedule is not subject to any grievance procedure.

If the City discontinues an alternate work schedule that has been adopted pursuant to this section and City Manager Directive #71, the represented employees so assigned will return to the regular work schedule that was in place prior to the implementation of the schedule that is being discontinued.

53. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE SECTION 125 The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pre-tax (federal, state, FICA, Medicare) dollars for dependent care and qualified unreimbursed medical expenses.

This Plan will follow the regulations outlined by the Internal Revenue Code. Detailed information will be available in the Summary Plan Document.

The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost. The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106. Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.

MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

54. WORK ACTIONS
The Association recognizes and agrees that it does not have the right to strike. The Association, including its members and representatives, will not engage in, authorize, sanction, or support any work slowdown, stoppage of work, curtailment of production, “sick-out,” or “blue flu action” for the purpose of influencing management decisions or labor negotiations.

55. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 instead of 26 pay periods. This clarification is not intended to and would not modify anyone’s salary/pay rate.

56. NEXT MEMORANDUM OF UNDERSTANDING PROPOSALS
The Association and the City will commence negotiations on a successor MOU for the term commencing at the expiration of this MOU no later three months prior to the expiration of this MOU.

57. EMPLOYEE RIGHTS
All rights, privileges and working conditions enjoyed by the classifications represented herein, as defined in Personnel and Salary Resolution No. 09-7650, dated July 14, 2009, and City of Santa Clara Resolution No. 2979, entitled "Employer-Employee Relations" dated December, 1972, and other City resolutions, if any, dealing with employee rights and benefits shall not be reduced during the terms of this MOU except in accordance with the provisions of this MOU.

For the duration of this MOU, except as provided herein, the wage, fringe benefits, and other terms and conditions of employment, whether written or unwritten provided members of the Police Officers Association shall not be reduced or otherwise altered except by mutual agreement between the Management of the City of Santa Clara and representatives of the Police Officers Association.

58. MANAGEMENT RIGHTS
Subject to State law and the provisions of City of Santa Clara Employer-Employee Relations Resolution, the rights of the City through its Council and Management include, but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause, establish reasonable employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The City Council on its own behalf and on behalf of the City hereby retains and reserves unto itself all rights, power, authority, duty, responsibility and obligations confirmed on and vested in it by the laws and Constitution of the State of California and the United States of America. The exercise of such rights, power, authority, duty, responsibility and obligations by the City Council and the adoption of such rules, regulations, policies as are necessary and as they apply to employees represented by the Santa Clara Police Officers Association, shall be in accord with this MOU to the extent that they do not violate any of the reserved duties, responsibilities and obligations confirmed on and vested in it by the laws, Charter of the City, Constitutions of the State of California, and the United States of America.

59. SCOPE OF THIS MEMORANDUM OF UNDERSTANDING
The parties acknowledge that during the meetings which preceded this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Therefore, for the life of this MOU, the City and the Association voluntarily and unqualifiedly waive the rights and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter not referred to or covered in this MOU, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they met and signed this MOU.

Notwithstanding the foregoing, however, in the event any portion of this MOU is declared null and void by superseding Federal, State or City law, the balance of this MOU shall continue in full force and effect, and the parties shall immediately commence the meet and confer process to ensure that the superseded portions shall be rewritten to conform as nearly as possible to the original intent.

The City further reserves the right to consider required organizational and operational changes in the economical and efficient operation of the Department whenever existing or future statutes bring about additional monetary costs.

Nothing in the foregoing shall prevent the parties to this agreement from meeting-andconferring during the term of this MOU in matters of mutual concern. Such meeting-andconferring shall be established and continued by mutual consent only. If, after meeting and conferring between the management representatives and the majority employee representatives, no agreement has been reached; such items under discussion shall MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

remain unchanged.

FOR THE CITY OF SANTA CLARA FOR THE SANTA CLARA POLICE
OFFICERS’ ASSOCIATION
___________________________________ ___________________________________ Charles Sakai Peter Hoffmann
Lead Negotiator Lead Negotiator
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Aracely Azevedo Jeremy Schmidt
Director of Human Resources President, Santa Clara POA
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Wahid Kazem James Wright
Assistant Chief of Police Vice President, Santa Clara POA Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Richard Fitting Jordan Fachko
Police Captain Board Member, Santa Clara POA
Date: ____________________________ Date: ____________________________ ___________________________________ ___________________________________ Marco Mercado Luke Erickson
Assistant Director of Human Resources Board Member, Santa Clara POA Date: ____________________________ Date: ____________________________ ___________________________________
Ashley Lancaster
Human Resources Division Manager
Date: ____________________________
MEMORANDUM OF UNDERSTANDING – UNIT # 2 (2021-2025)

APPROVED:
___________________________________
Rajeev Batra
City Manager
Date: ____________________________
APPROVED BY THE CITY COUNCIL ON: _______________________________ ATTEST:
___________________________________
City Clerk
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-660 Agenda Date: 6/7/2022

REPORT TO STADIUM BOARD

SUBJECT
Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of January 1 to March 31, 2022

BOARD PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On August 24, 2017, the Stadium Authority approved the Harvey Rose Audit titled “Comprehensive Audit of Stadium”. Audit recommendation 1.Q states that “the Stadium Authority Board should direct the Executive Director to require that all meetings, including the date and purpose of the meetings, between Stadium Authority and Stadium Manager staff be documented and reported quarterly or annually to the Stadium Authority Board.” Staff has implemented this audit recommendation on a quarterly basis.

Furthermore, at the August 25, 2020 meeting, the Stadium Authority Board directed staff to prepare minutes for all future Stadium Authority and Stadium Manager staff meetings.

DISCUSSION
In accordance with the Board approved audit recommendation, meetings between Stadium Authority and Stadium Manager staff for the period of January 1 to March 31, 2022 are listed below. The minutes for these meetings are included in this report as Attachment 1.

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22-660 Agenda Date: 6/7/2022

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
There is no fiscal impact related to this report other than the staff time to prepare this report.

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22-660 Agenda Date: 6/7/2022

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] <mailto:[email protected]>.

RECOMMENDATION
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding minutes for the period of January 1 to March 31, 2022.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. Stadium Authority and Stadium Manager Meeting Minutes for the Period 1/1/22 to 3/31/22 City of Santa Clara Page 3 of 3 Printed on 6/3/2022
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MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
January 4, 2022 | 9:00 – 9:15 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Armanino Attendees:

Giles Zollar, Consulting Manager
Linda Schoephoerster, Supporting Consultant
Jen Cook, Lead Consultant
Giovana Lopez, Project Manager, Consulting
Financial Management System Project Status Updates:
• The team discussed upcoming time off for Armanino, Stadium Manager, and Stadium Authority staff.
• Armanino confirmed that they provided the ticketing user list from the Stadium Authority and Stadium Manager to InTwo the week of December 27, 2021. • Armanino noted that InTwo is on track to deliver the Great Plains instance to the team. • The Stadium Authority and Stadium Manager agreed to sync up to review and approve the configuration documents by the end of the week.
• The Stadium Authority agreed with Armanino’s recommendation to hold off on the SmartConnect licenses until we move further along with the implementation and determine if it’s still necessary. SmartConnect is required if the team utilizes project tracking or plans to integrate with Ungerboeck Event Software. • The Stadium Authority and Stadium Manager agreed to meet to discuss the Sales Order process and determine if it’s needed for this implementation.

Accomplishments:
• Provided Armanino’s account numbers to InTwo for licensing provision. • Provided InTwo a list of users for their ticketing system.

Next Steps:
• The Stadium Authority and Stadium Manager to review and approve all configuration documents.
• Armanino team to begin configuration after signoff.
• Finalize upcoming planning, training and UAT meetings.

Weekly Accounting Status Meeting
Date: 1/6/2022; 2:00pm to 2:45pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Financial Management System configuration document review

2. FY 2020-21 Non-NFL Events – Overhead Rate Sheet

3. SCSA Review of FY2020-21 Shared Expense

MINUTES FROM

FMS IMPLEMENTATION FOLLOW UP ITEMS MEETING
January 10, 2022 | 1:00 – 1:30 PM
Teams Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Discussion of the Financial Management System’s follow up items from Armanino’s project tracker
- The new Great Plains instance will carry over the existing setup for Stadium Builder License (SBL) with the Stadium Manager. The SBL details will continue to stay within Artic system and the team can revisit this item again in the future if necessary. - The Catered Events’ sales and event data will continue to remain within Ungerboeck, and we will not integrate the data with Great Plains. The Stadium Manager will attach the event billing details to Great Plains at the time of billing instead. - The team will notify Armanino that we will not implement the Sales Order module since we are not integrating Ungerboeck or using Blue Moon Reporting.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
January 11, 2022 | 9:00 – 9:10 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Kenn Lee, Treasurer
Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giles Zollar, Consulting Manager
Linda Schoephoerster, Supporting Consultant
Jen Cook, Lead Consultant
Giovana Lopez, Project Manager, Consulting
Financial Management System Project Status Updates:
• The team discussed upcoming time off for Armanino, Stadium Manager, and Stadium Authority staff.
• Armanino noted that the project is on track at 90% completion for the Plan and Analyze stage.
• The Stadium Authority and Stadium Manager agreed to sync up to review and approve the configuration documents by the end of the week.
• The Stadium Authority and Stadium Manager confirmed the removal of the Sales Order module for this implementation.

Accomplishments:
• Scheduled all upcoming meetings for the project.

Next Steps:
• The Stadium Authority and Stadium Manager to review and approve all configuration documents.
• Armanino team to begin configuration after signoff.

Shared Expense Review Meeting
Date: 1/13/2022
Teams Meeting: Linh Lam (SCSA), David Presley (SCSA), Larry Lo (SCSA), Debbie Chen (SCSA), Esther Chi (ManCo), Darren Wong, Chris Steele (ManCo), and Brent Ghan (ManCo) Topic: Shared Expenses FY2020-21 Review
• 9:00 am – 12:00 pm (3 hours) – Review non-compensation supporting documents for samples chosen
• 1:00 pm – 3:00 pm (2 hours) – Review compensation supporting documents for samples chosen
Weekly Accounting Status Meeting
Date: 1/20/2022; 2:00pm to 3:00pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Financial Management System configuration document review

2. Levi’s Naming Rights Invoice

3. February Operating & Maintenance Invoice

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
February 1, 2022 | 9:00 – 9:30 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Jen Cook, Lead Consultant
Giovana Lopez, Project Manager, Consulting
Financial Management System Project Status Updates:
• Armanino confirmed the receipt of the configuration documents’ review notes from the Stadium Authority and Stadium Manager and noted that they will send over revised configuration documents for sign off later today.
• Armanino confirmed that InTwo completed the new Great Plains’ database and that it is ready for configuration.
o Armanino will work with InTwo to provision the user access once the instance is ready for everyone to access.
• The Stadium Authority and Stadium Manager confirmed that the Stadium Manager will continue to use the pre-printed check stock to print checks. The new Great Plains instance will not use Mekorma to print checks.
• Armanino noted that the training sessions will begin the week of February 7th. o The Stadium Manager requested for Armanino to break out the training sessions in topics so the Stadium Manager team can decide which session to attend since staff already knows how to use Great Plains and don’t require a lot of trainings. o Armanino agreed to prepare an itemized training agenda and a list that identifies the functionality differences between the Stadium Manager and the Stadium Authority’s Great Plains instances so the Stadium Manager can easily identify the difference and determine which trainings to attend.
o The Stadium Authority confirmed that the team will attend the training sessions as agreed.
• Armanino noted that they will be reaching out to the Stadium Manager for a copy of the vendor master file and Multi-Dimensional Analysis list to import to the new Great Plains instance.
• Armanino confirmed that they will be the system administrator for the new Great Plains instance and that the Stadium Manager can work with them for system access requests. o The Stadium Authority confirmed that the Stadium team will only need read-only access because the Stadium Manager is the data owner for the financial management system.

Accomplishments:
• All upcoming meetings have been schedules.
• Company databases have been created but have not been configured.

Next Steps:
• The Stadium Authority and Stadium Manager to review and approve the revised configuration documents.
• Armanino team to begin configuration after signoff.
• Armanino to send a list of deliverables to the Stadium Manager for the data to be copied over to the new Great Plains instance.

Weekly Accounting Status Meeting
Date: 2/3/2022; 2:00pm to 3:00pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Levi’s Naming Rights Invoice

2. March Operating & Maintenance Invoice
a. Adjustment to projections for March’s draw: BNY Buffet Costs, Stadium Builder Licenses Sales and Services, and Non-NFL Events Loss

3. Utilities

4. FY 2020-21 Non-NFL Event

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
February 8, 2022 | 9:00 – 9:30 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Giles Zollar, Consulting Manager
Giovana Lopez, Project Manager, Consulting
Liane Mcllraith, Senior Application Consultant
Financial Management System Project Status Updates:
• Armanino introduced Liane Mcllraith, Senior Application Consultant, who will be the main Great Plains trainer for the team.
• Armanino noted that they are in the process of finishing up the Great Plains configuration and are working with the Stadium Manager to bring over the chart of accounts and vendor profile.
o The Stadium Manager noted that they have received Armanino’s list of deliverables for the implementation and is currently working on providing the data to Armanino to bring into the new Great Plains instance. • The Stadium Authority and the Stadium Manager confirmed that we will need to implement the Purchase Order (PO) module but not the PO approval workflow. The PO workflow doesn’t need to be turned on because the Stadium Manager’s PO approval process is done outside of Great Plains.
o The PO module will use the same PO number that the Stadium Manager created from their PO approval process that is done outside of Great Plains by their Procurement team.
• Armanino noted that the training sessions will begin the week of February 7th. o Armanino noted most of the training sessions are for the Stadium Authority staff as it relates to running queries and reports. The sessions don’t have any in-depth functionality training since the Stadium Authority doesn’t perform any transaction input into the system.
 The Stadium Manager confirmed that they do not need to sit in most of the trainings and do not require user functionality training since their team already know how to use Great Plains to perform the day-to-day tasks. o Armanino noted that this version of Great Plains is very similar to the current version that the Stadium Manager is using. Armanino will provide a list of new functionalities to the Stadium Manager so the Stadium Manager can decide if they want additional training sessions.
o The team agreed that we will need an additional 2 hours to cover the PO session since this is a new item for the Stadium Manager.
o Armanino will revisit the training schedule and add in a PO and navigation session for the team.
• The Stadium Manager confirmed with Armanino that they may have VPN issues logging into the Great Plains instance and asked to speak with Armanino to address this issue offline. Armanino agreed to work on this issue with InTwo and the Stadium Manager offline.

Accomplishments:
• Armanino completed updating the configuration documents and received sign off from the Stadium Authority.
• Armanino provided a list of deliverables to the Stadium Manager for the data to be copied over to the new Great Plains instance.

Next Steps:
• Armanino team to finish configuration before training session start on Thursday, 2/10/22. • Armanino team to assign a new Lead Consultant after Jen Cook’s departure.

Weekly Accounting Status Meeting
Date: 2/10/2022; 2:00pm to 3:00pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Financial Management System Status

2. Interest Invoice Detail

3. Buffet Invoice

4. Utilities

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
SmartView Navigation and Reporting Training
February 14, 2022 | 3:00 – 4:08 PM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stephanie Lee, Staff accountant
Erin Fernandez, Senior Accountant
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Debbie Chen, Accountant
David Presley, Accounting Technician
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Giles Zollar, Consulting Manager
SmartView Navigation and Reporting Training:
• Armanino trained the team on SmartView navigation and the different type of reports that it can generate in Great Plains.
• Armanino answered navigation questions from the team.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
February 15, 2022 | 9:00 – 9:34 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Kenn Lee, Treasurer
Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giles Zollar, Senior Consulting Manager
Giovana Lopez, Project Manager
Liane Mcllraith, Senior Application Consultant
Financial Management System Project Status Updates:
• Armanino noted they are still working on assigning a new project lead for the implementation.
• Armanino noted they are working on a Change Order to descope some of the services that were not implemented and will send that over to the Stadium Authority to sign off once it’s completed.
• Armanino informed the Stadium Authority that the team will need to decide on who will manage the Great Plains environment after Go-Live.
o The Stadium Authority noted they will work offline with Armanino on the Managed Services contract.
• Armanino provided a status update on the SAP Concur integration work and noted the work will need to be done after the Go-Live and takes between three to six weeks to complete.
o The Stadium Manager can start transacting in the new environment, but the backup attachment integration won’t be available until the integration work is completed.

Accomplishments:
• Armanino completed the General Navigation and SmartView Navigation and Reporting sessions.
• Armanino met with InTwo and resolved the VPN issue raised by the Stadium Manager.

Next Steps:
• Armanino team to finish configuration before training session start on Thursday, 2/17/22. • Armanino to provide training sessions on General Ledger, Bank Reconciliation, Accounts Receivable, Accounts Payable, and Purchase Order on Thursday, 2/17/22, and Wednesday, 2/23/22.

Weekly Accounting Status Meeting
Date: 2/17/2022; 2:00pm to 3:00pm
Teams Meeting: Linh Lam (SCSA), Larry Lo (SCSA), Caitlin Ritchie (ManCo) and Darren Wong (ManCo)

1. FY 20-21 Non-NFL Event Invoice

2. Utilities

3. March Operating & Maintenance Invoice

4. Waterfall True-Up

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
February 22, 2022 | 9:00 – 9:18 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giles Zollar, Consulting Manager
Giovana Lopez, Project Manager, Consulting
Linda Schoephoerster, Supporting Consultant
Liane Mcllraith, Senior Application Consultant
Financial Management System Project Status Updates:
• Armanino noted that they are in the process of finishing up the Great Plains configuration and are working with the Stadium Manager to bring over the chart of accounts and vendor profile.
• Armanino noted that the contract with InTwo currently has 6 licenses for the active directory, and 6 full users licenses and 6 limited user licenses in Great Plains. The team is trending towards 15 active directory users so we will need to request for additional users with InTwo.
• Armanino confirmed that the SAP Concur Integration for pulling over invoice supporting documentation to Great Plains will happen after Go-Live.

Accomplishments:
• Armanino completed the General Ledger, Bank Reconciliation, Accounts Receivable, and Accounts Payable training.
• Armanino resolved and addressed the Stadium Manager’s VPN login concerns.

Next Steps:
• Armanino team to continue to work on finalizing the configuration. o The Stadium Manager to finish updating the vendor and customer templates format for Armanino to complete the configuration.
• Armanino team to assign a new Lead Consultant after Jen Cook’s departure. • Armanino to provide the Stadium Authority with a Managed Services plan pricing and schedule a meeting to discuss the project budget.
o The Stadium Authority to confirm who manages the Great Plains database after Go-Live.
• Armanino to provide Pop Dock pricing to the Stadium Authority and schedule a meeting to revie the overall project budget.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Purchase Order Processing Inquiry & Reporting Training
February 23, 2022 | 3:00 – 4:00 PM
Zoom Meeting
Stadium Manager Attendees:

Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stephanie Lee, Staff accountant
Erin Fernandez, Senior Accountant
Sarah Ta, Accounting Manager
Jeremiah Lagasca, AP Specialist
Stadium Authority Attendees:

Larry Lo, Accounting Division Manager
Debbie Chen, Accountant
David Presley, Accounting Technician
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Liane Mcllraith, Senior Application Consultant
Purchase Order Processing Inquiry & Reporting Training:
• Armanino trained the team on Purchase Order navigation and the different type of reports that it can generate in Great Plains.
• Armanino answered navigation questions from the team.

Weekly Accounting Status Meeting
Date: 2/24/2022; 2:00pm to 2:45pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Utilities True-up

2. Financial Management System Support

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
March 1, 2022 | 10:00 – 10:15 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Financial Management System Project Status Updates:
• The Stadium Manager and the Stadium Authority discussed the team’s calendar and provided 2 additional training dates to Armanino to schedule for the team. o User Acceptance Meeting will need to be moved from March 10th at 3pm to March 15th at 1pm.
o Armanino will need to add one additional training for the Purchase Order Module to train the Stadium Manager team on transaction processing and module workflow. The team propose to meet on Friday, March 4th at 3pm.

The meeting adjourned early without an Accomplishment and Next Steps update from Armanino.

Weekly Accounting Status Meeting
Date: 3/3/2022; 2:00pm to 2:30pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. Utilities True-up

2. March Operating & Maintenance Invoice

3. Stadium Builder License Quarterly Transfer

4. Other General & Administrative

5. Debt Service due April 1st

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Purchase Order Entry Training
March 4, 2022 | 3:00 – 4:00 PM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Erin Fernandez, Senior Accountant
Sarah Ta, Accounting Manager
Jeremiah Lagasca, AP Specialist
Stadium Authority Attendees:

Larry Lo, Accounting Division Manager
Debbie Chen, Accountant
Armanino Attendees:

Linda Schoephoerster, Supporting Consultant
Liane Mcllraith, Senior Application Consultant
Purchase Order Entry Training:
• Armanino trained the team on Purchase Management overview and Purchase Order processing, receiving, and batching/invoicing for goods and services. • Armanino answered questions from the team.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
March 8, 2022 | 9:00 – 9:36 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giovana Lopez, Project Manager
Linda Schoephoerster, Supporting Consultant
Giles Zollar, Senior Consulting Manager
Financial Management System Project Status Updates:
• Armanino to provide login access to the Stadium Manager to test the spreadsheet macro import so it can be ready by April 1st.
• The Stadium Manager inquired on the possibility of not implementing a Purchase Order (PO) module due to additional work required of staff to maintain the PO when this process is completed outside of Great Plains by the Procurement team. The Stadium Manager confirmed that they don’t have the PO module in SAP Concur to track PO spending as this is tracked outside of the financial system by the Procurement team. o The Stadium Authority noted a PO module is needed to track the spending and ensure that there’s no overages. Staff noted that the expenditure tracking within the financial management system is a best practice for purchasing. o The Stadium Authority and the Stadium Manager requested for Armanino to perform additional research to see if there is a way to do PO integration with SAP Concur.

Accomplishments:
• Armanino completed all the training sessions except for User Acceptance Testing. • Armanino completed 95% of the configuration work for Great Plains.

Next Steps:
• Armanino team to continue to work on finalizing the configuration setup. o The Stadium Manager to provide the general ledger balances and opening balances for Accounts Receivable and Accounts Payable to Armanino to import to Great Plains.
• Armanino and the Stadium Authority to discuss and work on Managed Services agreement for Great Plains.

MINUTES FROM

FMS IMPLEMENTATION
Purchase Order Follow Up Meeting
March 14, 2022 | 12:00 – 12:30 PM
Teams Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Stadium Authority Attendees:

Kenn Lee, Treasurer
Linh Lam, Assistant Director of Finance
Discussion of the Financial Management System’s follow up items for Purchase Order Module - The Stadium Manager noted that the Purchase Order (PO) Module requires a lot of staff time to match the invoice payment against the PO. The Stadium Manager asked if they could provide the PO tracking data outside of the Financial Management System (FMS) instead.
o The Stadium Authority explained that the PO module’s purpose is to track spending to ensure that payments don’t go over the approved PO amount and the data should be within the FMS. This is a standard and best practice among public agencies.
o Both parties agree to continue the PO module implementation discussion and plan to bring the topic up to Armanino again to see if there’s a streamline the PO process.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Purchase Order Module Discussion
March 15, 2022 | 1:42 – 2:07 PM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Chris Steele, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Armanino Attendees:

Giles Zollar, Senior Consulting Manager
Linda Schoephoerster, Supporting Consultant
Liane Mcllraith, Senior Application Consultant
Purchase Order Module Discussion:
• Armanino, the Stadium Manager, and the Stadium Authority continued discussion on how to carry the invoice payment data from SAP Concur into Great Plains’ Purchase Order (PO) module while ensuring that there is a mechanism in placed to prevent staff from paying an invoice that is over the PO limit.
o The Stadium Manager agreed to create a PO number that matches the PO number created outside of Great Plains and attach the Board/management approval of the purchase into Great Plains.
o To ensure that the Stadium Manager doesn’t pay an invoice that will push it over the PO limit, Armanino suggested that the team use SmartView reporting to compare the PO amount to the sum of the AP invoices both posted and unposted against the PO amount. If the report shows an overage coming from unposted invoices, then the Stadium Manager staff would not post the batch and reach out to the vendor and department staff to amend the PO amount. o Armanino and the Stadium Authority suggested that the Stadium Manager staff prints out the pdf report weekly and sign off on it to indicate the review of the PO report to ensure that the review is being performed weekly before payments are issued.
o The Stadium Authority and the Stadium Manager tentatively agreed with the recommended approach.

Other Discussion:
• The Stadium Authority confirmed to the Stadium Manager and Armanino that the Stadium Manager Shared Expenses payment information in the new Great Plains instance should have the same check number and date as the original payment source in the Stadium Manager’s Great Plains instance. The purpose of this is to assist the Stadium Manager staff to track stale dated checks and reconcile the Shared Expenses payment posted into the new Great Plains instance.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
March 15, 2022 | 9:00 – 9:38 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Chris Steele, Director of Accounting
Stadium Authority Attendees:

Kenn Lee, Treasurer
Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giovana Lopez, Project Manager
Linda Schoephoerster, Supporting Consultant
Giles Zollar, Senior Consulting Manager
Liane McIlraith, Senior Application Consultant
Financial Management System Project Status Updates:
• Armanino noted all the configuration work and trainings are done except for User Acceptance Testing (UAT), which is scheduled for today. o Armanino explained the UAT steps and process to the Stadium Manager and noted that they will provide a tracking spreadsheet to identify all the cutover items for the Stadium Manager.
• The Stadium Manager confirmed that they will send over the general ledger balances to Armanino to import to Great Plains today.
• The Stadium Authority noted that they will review the managed service agreement for Great Plains and work with Armanino on the services.
• The Stadium Authority agreed to increase the number of user licenses for Great Plains and plans to send in the request to InTwo today.
• The Stadium Manager noted the full functionality in the Purchase Order (PO) module will create more work for staff to track and requested for further discussion on the item. o The Stadium Authority noted the PO module is needed to control overage and manage the spending level in a contract.
o Armanino noted there is no work around for the PO module except if the team agrees to use a report to manage the PO limit instead of using the PO module. o The team agreed to reconvene this topic after UAT today if time permits.

Accomplishments:
• Armanino completed all the configuration and we services install work for Great Plains. • Armanino completed finalizing the integrations and import mapping with the Stadium Manager.

Next Steps:
• Armanino and the Stadium Manager to work together to confirm the integration and import needs for Great Plains.
• The Stadium Manager to provide Armanino with the net change general ledger balances and opening balances for Accounts Receivable and Accounts Payable so Armanino can import it to Great Plains.
• The Stadium Authority to work with Armanino to determine how the system will be administered after Go-Live.

Weekly Accounting Status Meeting
Date: 3/17/2022; 4:30pm to 5:41pm
Teams Meeting: Linh Lam (SCSA), Larry Lo (SCSA) and Darren Wong (ManCo)

1. Financial Management System Purchase Order and Check Payment Processing

2. Term A Debt Service

3. Term A Prepayment Offering and impact on Excess Cash Flow

4. Year-end Excess Cash Flow Distribution

5. Community Facilities District

6. Default Interest

7. Utilities True-up

8. College Football Playoffs & KPMG Audit

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
March 22, 2022 | 9:00 – 9:17 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giles Zollar, Senior Consulting Manager
Giovana Lopez, Project Manager
Linda Schoephoerster, Supporting Consultant
Financial Management System Project Status Updates:
• Armanino noted User Acceptance Testing (UAT) has been completed. o The Stadium Manager noted issues with the Accounts Payable module when using Excel macro and requested for Armanino to investigate and modify the Excel macro.
• Armanino confirmed that the additional user licenses requested by the Stadium Authority to InTwo have been received.
o Armanino to provide Great Plains access and schedule walk-through session with the Stadium Authority team.
o Armanino noted that the Stadium Authority will need to evaluate the options for system administrator after Go-Live.
• Armanino noted the Concur integration to bring over the invoice attachments to Great Plains will take a couple months to implement and will be completed after Go-Live. o The Stadium Manager will begin recording transactions into Great Plains on April 1st while the team work on integrating the data.
o The Stadium Manager and the Stadium Authority will need to determine the level of supporting documentation to be attached to Great Plains. • The Stadium Authority noted the proposed workaround for the Purchase Order (PO) tracking can move forward but would like to keep the PO module topic open for the future to automate and streamline the PO process.

Accomplishments:
• Armanino completed the UAT review with the Stadium Manager. • Armanino successfully imported the Stadium Manager’s general ledger balances into Great Plains.

Next Steps:
• Armanino to arrange a meeting with the Stadium Manager and resolve upload issues identified during UAT.
• Armanino to schedule a kickoff meeting with Concur integration specialist with the Stadium Manager to start working on the supporting documentation integration. • Armanino to provide the Stadium Manager with cutover tasks/documents to prepare for the Go-Live.

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM (FMS) IMPLEMENTATION DOCUMENT

ATTACHMENT DISCUSSION
March 22, 2022 | 1:00 – 2:00 PM
Teams Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Stadium Authority Attendees:

Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Discuss the level of detail to be attached in the FMS for Stadium Shared Expenses, Non-NFL Events, and Stadium Builder License
Date: 3/22/2022
Phone Call: Sujata Reuter, Assistant City Attorney for Santa Clara Stadium Authority Jihad Beauchman for Stadium Manager
Confidential Discussion Regarding Insurance
Weekly Accounting Status Meeting
Date: 3/24/2022; 2:00pm to 2:30pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. April Operating & Maintenance

2. Shared Expenses and Other General & Administrative (G&A) compensation review

3. Utilities true-up review for February & March 2021

4. SCSA G&A true-up

MINUTES FROM

FINANCIAL MANAGEMENT SYSTEM
Weekly Status Meeting
March 29, 2022 | 9:00 – 9:22 AM
Zoom Meeting
Stadium Manager Attendees:

Darren Wong, Director of Accounting
Brent Ghan, Accounting Manager
Stadium Authority Attendees:

Kenn Lee, Treasurer
Linh Lam, Assistant Director of Finance
Larry Lo, Accounting Division Manager
Armanino Attendees:

Giles Zollar, Senior Consulting Manager
Giovana Lopez, Project Manager
Financial Management System Project Status Updates:
• The Stadium Manager would like to utilize Tibco Scribe to integrate the Accounts Payable payment details from their Great Plains instance to the Stadium Authority’s Great Plains.
o Armanino to research and provide a quote on the software and integration cost. • The Stadium Manager would like the ability to redact the invoice backup attachments that were integrated from Concur to Great Plains.
o Armanino noted the backup attachments would reside in the Great Plains database once they are imported to Great Plains.
o Armanino to test if the attachments integrated from Concur can be redacted and saved in the database after they are imported to Great Plains. • The Stadium Authority noted the team could not log into Great Plains and will work with the internal IT team and InTwo to address the issue.

Accomplishments:
• Armanino provided cutover tasks and document to the Stadium Manager. • Armanino provided training session on accessing Great Plains to the Stadium Authority. • Armanino completed the Excel macro configuration based on the Stadium Manager’s feedbacks.
• Armanino completed password change testing and will provide the documentation to the team.

Next Steps:
• Armanino to schedule a meeting with Concur integration specialist to meet with the Stadium Manager to discuss Concur and Tibco Scribe integration. • The Stadium Authority to evaluate options for system administration after Go-Live. • The Stadium Manager to complete and confirm changes made to updated Excel macro. • The Stadium Manager to review and confirm cutover tasks document to Armanino by 03/29/2022.
• The Stadium Manager to provide Armanino with subsequent transactions (Accounts Payable, Accounts Receivable, and month-end net change balances) to upload into Great Plains no later than 4/6/2022.

Meeting to Discuss AT&T at Tasman Garage
Date: 3/30/2022; 10:00 am – 11:00 am
Virtual Meeting: Ruth Shikada (SCSA), Tom Johnson (representing AT&T), and Jim Mercurio (ManCo)

1. Discussion about AT&T’s interest in expansion of antenna on the Tasman Garage; recent submission to the City from J5IP on behalf of AT&T; relocation of AT&T lines into Tasman Garage for Related Santa Clara project.

Weekly Accounting Status Meeting
Date: 3/31/2022; 2:00pm to 2:30pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. April Operating & Maintenance

2. DocuSign for Stadium Builder Licenses

3. Financial Management System
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-504 Agenda Date: 6/7/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of February 2022

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.

At the March 23, 2021 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments of $4.2 million to move funds from the Legal Contingency line item to Shared Expenses after the review of adequate documentations for costs based on Board direction. Subsequent to that direction, Stadium Authority staff met at Levi’s Stadium on March 30, 2021 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $4.2 million for the fiscal year.

In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Stadium Manager to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.

Expenses paid in February 2022 include:
· Payments totaling $162,113.70 to the City of Santa Clara for the following:

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22-504 Agenda Date: 6/7/2022
o $161,326.22 for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $368.00 for Special Liability Claims for Q2 ending 9/30/2021 o $419.48 for Special Liability Claims for Q3 ending 12/31/2021 · Payments totaling $1,882,240.38 to Forty Niners Stadium Management Co, LLC for the following:
o $246,178.36 for March 2022 Stadium Manager Expenses - Insurance o $14,775.00 for March 2022 Stadium Manager Expenses - Compensation for Grounds o $54,370.00 for March 2022 Stadium Manager Expenses - Compensation for Guest Services
o $1,345.00 for March 2022 Stadium Manager Expenses - Compensation for Security o $219,785.00 for March 2022 Stadium Manager Expenses - Compensation for Engineering
o $25,048.00 for March 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $51,902.00 for March 2022 Stadium Manager Expenses - Compensation for Procurement
o $319,000.00 for March 2022 Stadium Manager Expenses - Utilities o $10,000.00 for March 2022 Stadium Manager Expenses - Lender Fees o $495,500.00 for April - July 2021 Stadium Manager Expenses - Utilities o $69,458.74 for CapEx Reimbursement for CapEx Project - Security and Life Safety Partitions/Dividers
o $476,959.74 for FY2020-21 Non-NFL Event Loss
o Offset by year-end true-up credit of ($102,081.46) for Stadium Manager Expenses - SBL Sales & Services
· Payments totaling $28,035.01 to Armanino LLP for CapEx Project - FMS Project · Payment totaling $248,811.81 to Bear Electrical Solutions, Inc for CapEx Project - Levi’s Sign Repair
· Payment totaling $187.50 to Contractor Compliance and Monitoring, Inc. for January 2022 Labor Compliance Services
· Payments totaling $189,729.11 to Fisher Scientific Co. LLC for CapEx Project - RadHalo Remote Radiation Monitors
· Payment totaling $2,866.20 to J.S. Held LLC for November - December 2021 Audit Services · Payments totaling $20,645.05 to L.N. Curtis & Sons for the following:
o $14,885.99 for CapEx Project - PPE (Nomex Blouses)
o $5,759.06 for CapEx Project - PPE (Nomex Tops)
· Payment totaling $3,700.00 to Wilson Ihrig for December 2021 Noise Monitoring Services · Payments totaling $55,597.35 for December 2021 Legal Services Certain information such as names of law firms have been redacted from the Bills and Claims report.

The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, information that would compromise legal strategy, and would otherwise be City of Santa Clara Page 2 of 3 Printed on 6/3/2022
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22-504 Agenda Date: 6/7/2022
privileged, is redacted consistent with the Public Records Act.

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)(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
There is a $2,595,587.84 fiscal impact to the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for February 2022.

Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. February 2022 SCSA Bills and Claims
City of Santa Clara Page 3 of 3 Printed on 6/3/2022
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Payment Date Vendor Invoice No. Description Fund Amount 2/15/2022 Bank of America N/A January 2022 bank fees acct 0444 CapEx 1,110.672/15/2022 Bank of America N/A January 2022 bank fees acct 0425 Operating 178.262/15/2022 Bank of America N/A January 2022 bank fees acct 6280 Operating 372.80 1,661.73
2/14/2022 City of Santa Clara N/A B2202 SCSA Admin Payroll Costs Operating 79,407.472/22/2022 City of Santa Clara N/A B2203 SCSA Admin Payroll Costs Operating 81,918.752/22/2022 City of Santa Clara 92576 Special Liability Claims FY2021-22 Q2 Operating 368.002/22/2022 City of Santa Clara 92602 Special Liability Claims FY2021-22 Q3 Operating 419.48 162,113.70
2/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Insurance Operating 246,178.362/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - SBL Sales & Svcs (True-Up) Operating (102,081.46)2/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Grounds Operating 14,775.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Guest Svcs Operating 54,370.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Security Operating 1,345.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Engineering Operating 219,785.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Stad Ops Operating 25,048.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Compensation for Procurement Operating 51,902.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Utilities Operating 319,000.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 March 2022 Std Mgr - Lender Fees Operating 10,000.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23431 April - July 2021 Std Mgr - Utilities Operating 495,500.002/28/2022 Forty Niners Stadium Management Co, LLC SLS-23348 CapEx Proj - Security and Life Safety Partitions/Dividers CapEx 69,458.74 2/18/2022 Forty Niners Stadium Management Co, LLC SLS-23195 FY2020-21 Non-NFL Event Loss Operating 476,959.74 1,882,240.38
2/18/2022 Armanino LLP 817174 CapEx Proj - FMS Project CapEx 17,542.882/18/2022 Armanino LLP 829936 CapEx Proj - FMS Project CapEx 10,492.13 28,035.01
2/17/2022 Bear Electrical Solutions, Inc 14021 CapEx Proj - Levi's Sign Repair CapEx 248,811.812/16/2022 Contractor Compliance and Monitoring, Inc 15735 January 2022 Labor Compliance Services Operating 187.502/15/2022 Fisher Scientific Co. LLC 7321071 CapEx Proj - RadHalo Remote Radiation Monitors CapEx 178,345.17 2/15/2022 Fisher Scientific Co. LLC 7680932 CapEx Proj - RadHalo Remote Radiation Monitors (warranty & shipping) CapEx 11,383.94 189,729.11
2/18/2022 J.S. Held LLC 1328758 November - December 2021 Audit Services Operating 2,866.20 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of February 2022

Payment Date Vendor Invoice No. Description Fund Amount Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of February 2022
2/10/2022 L.N. Curtis & Sons INV492681 CapEx Proj - PPE (Nomex Blouses) CapEx 14,885.99 2/14/2022 L.N. Curtis & Sons INV559734 CapEx Proj - PPE (Nomex Tops) CapEx 5,759.06 20,645.05
2/15/2022 Wilson Ihrig 16125N41 December 2021 Noise Monitoring Services Operating 3,700.00 Various December 2021 Legal Services Operating 55,597.35 February 2022 Total $ 2,595,587.84

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-566 Agenda Date: 6/7/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of March 2022

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.

At the March 23, 2021 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments of $4.2 million to move funds from the Legal Contingency line item to Shared Expenses after the review of adequate documentations for costs based on Board direction. Subsequent to that direction, Stadium Authority staff met at Levi’s Stadium on March 30, 2021 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $4.2 million for the fiscal year.

In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Stadium Manager to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.

Expenses paid in March 2022 include:
· Payments totaling $155,416.52 to the City of Santa Clara for reimbursement of General and City of Santa Clara Page 1 of 3 Printed on 6/3/2022
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22-566 Agenda Date: 6/7/2022
Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) · Payment totaling $536,000.00 to Forty Niners Stadium Management Co, LLC for the following:
o $68,000.00 for April 2022 Stadium Manager Expenses - Insurance o $174,000.00 for April 2022 Stadium Manager Expenses - SBL Sales & Services o $241,000.00 for April 2022 Stadium Manager Expenses - Utilities o $8,000.00 for April 2022 Stadium Manager Expenses - Lender Fees o $45,000.00 for April 2022 Stadium Manager Expenses - Naming Rights Expense · Payments totaling $15,378,824.67 to Forty Niners SC Stadium Co, LLC for the following:
o $343,176.61 for CFD Advance Payment - Interest
o $15,035,648.06 for Subordinated Loan Payment - Principal & Interest · Payment totaling $20,146.88 to Armanino LLP for CapEx Project - FMS Project · Payment totaling $2,268.60 to Armanino Solutions, LLC for CapEx Project - FMS Project · Payment totaling $105.00 to Contractor Compliance and Monitoring, Inc. for February 2022 Labor Compliance Services
· Payment totaling $108,306.56 to Disaster Response Solutions, Inc. for CapEx Project - Mass Casualty Incident Trailer
· Payment totaling $868.64 to L.N. Curtis & Sons for CapEx Project - PPE (Nomex Bottoms) · Payment totaling $1,128.00 to Santa Clara Weekly for Public Hearing Notice · Payment totaling $49,500.00 to Stone Planning LLC for Levi’s Stadium Marketing Plan Assessments
· Payment totaling $15,560.00 to Wilson Ihrig for the following:
o $3,700.00 for January 2022 Noise Monitoring Services
o $11,860.00 for February 2022 Noise Monitoring Services · Payments totaling $75,077.55 for January 2022 Legal Services · Payments totaling $67,773.27 for February 2022 Legal Services Certain information such as names of law firms have been redacted from the Bills and Claims report.

The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority have been redacted from the public report to maintain confidentiality of billing records for legal services.

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)(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
There is a $16,412,355.19 fiscal impact to the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.

City of Santa Clara Page 2 of 3 Printed on 6/3/2022
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22-566 Agenda Date: 6/7/2022

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for March 2022.

Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. March 2022 SCSA Bills and Claims
City of Santa Clara Page 3 of 3 Printed on 6/3/2022
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Payment Date Vendor Invoice No. Description Fund Amount 3/15/2022 Bank of America N/A February 2022 bank fees acct 0444 CapEx 1,076.263/15/2022 Bank of America N/A February 2022 bank fees acct 0425 Operating 178.123/15/2022 Bank of America N/A February 2022 bank fees acct 6280 Operating 125.12 1,379.50
3/8/2022 City of Santa Clara N/A B2204 SCSA Admin Payroll Costs Operating 82,953.66 3/24/2022 City of Santa Clara N/A B2205 SCSA Admin Payroll Costs Operating 72,462.86 155,416.52
3/25/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Insurance Operating 68,000.003/25/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - SBL Sales & Services Operating 174,000.003/25/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Utilities Operating 241,000.003/25/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Lender Fees Operating 8,000.003/25/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Naming Rights Expense Operating 45,000.00 536,000.00
3/31/2022 Forty Niners SC Stadium Co, LLC N/A CFD Advance Payment - Interest Debt Service 343,176.613/31/2022 Forty Niners SC Stadium Co, LLC N/A Subordinated Loan Payment - Principal & Interest Debt Service 15,035,648.06 15,378,824.67
3/30/2022 Armanino LLP 840530 CapEx Proj - FMS Project CapEx 20,146.88 3/9/2022 Armanino Solutions, LLC SS0009024 CapEx Proj - FMS Project CapEx 2,268.60 3/14/2022 Contractor Compliance and Monitoring, Inc 15878 February 2022 Labor Compliance Services Operating 105.00 3/3/2022 Disaster Response Solutions, Inc. 20117739 CapEx Proj - Mass Casualty Incident Trailer CapEx 108,306.56 3/30/2022 L.N. Curtis & Sons INV577240 CapEx Proj - PPE (Nomex Bottoms) CapEx 868.643/30/2022 Santa Clara Weekly 1246230 Public Hearing Notice Operating 1,128.003/17/2022 Stone Planning LLC SCSA001 Levi's Stadium Marketing Plan Assessments Operating 49,500.00 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of March 2022

Payment Date Vendor Invoice No. Description Fund Amount Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of March 2022
3/30/2022 Wilson Ihrig 16125N42 January 2022 Noise Monitoring Services Operating 3,700.00 3/30/2022 Wilson Ihrig 16125N43 February 2022 Noise Monitoring Services Operating 11,860.00 15,560.00
Various January 2022 Legal Services Operating 75,077.55Various February 2022 Legal Services Operating 67,773.27 142,850.82
March 2022 Total $ 16,412,355.19

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-770 Agenda Date: 6/7/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Second Amendment to Agreement with STR Marketplace, LLC for Stadium Builder License Website Marketing

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 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.

The Executive Director is requesting approval for the following:
· Authorization to execute the Second Amendment to the Agreement with STR Marketplace, LLC (STR) to extend the term of the agreement by one year from June 1, 2022 to May 31, 2023.

STR has provided a secondary market website to facilitate the transfer of Stadium Builder Licenses (SBLs) since 2014. Under the scope of the existing agreement, STR manages and operates a website where buyers and sellers of SBLs conduct transactions. In exchange for use of the Levi’s Stadium trademarks and links on the Stadium Authority website, STR pays the Stadium Authority a base annual Sponsorship Fee of $325,000 and 50% of the balance of Transfer Fees if STR exceeds $650,000 in commissions for the contract year.

DISCUSSION
Pursuant to Purchasing Code section 2.105.160(b)(5)(e), the recommended action does not require competitive bidding because this is a “continued service” where changing vendors would result in service disruptions due to STR’s past experience performing these services.

The services provided under the agreement with STR provides SBL Holders with a resale market for SBLs. Users pay commissions to STR with buyers and sellers paying a 10% commission on sales facilitated on the website. In addition to the based annual Sponsorship Fee, STR compensates the Stadium Authority with each resale. The funds from the resales have been used for operating costs and debt service.

SBL Holders are not obligated to use STR’s secondary market website to transfer SBLs; transfers City of Santa Clara Page 1 of 2 Printed on 6/3/2022
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22-770 Agenda Date: 6/7/2022
conducted outside of the website are processed by the Forty Niners Stadium Management Company, LLC (Stadium Manager) in accordance with the terms outlined in the SBL agreement.

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
Through the STR agreement, the Stadium Authority has recognized $3,443,764 in revenue through March 31, 2022. This one-year extension to the term of this agreement will generate $325,000 (base annual Sponsorship Fee) in revenue for the Stadium Authority, with the potential for additional compensation if STR’s commissions exceed $650,000 for the contract year (June 1 through May 31).

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] <mailto:[email protected]>.

RECOMMENDATION
Authorize the Executive Director to execute a second amendment to the agreement with STR to extend the term by one year from June 1, 2022 to May 31, 2023.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. Original Agreement with STR

2. First Amendment to Agreement with STR

3. Proposed Second Amendment to Agreement with STR
City of Santa Clara Page 2 of 2 Printed on 6/3/2022
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SBL Website Marketing Agreement
This Agreement (this "Agreement"), effective as of April 1, 2014 (the "Effective Date"), is between STR MARKETPLACE, LLC ("STR") and the Santa Clara Stadium Authority ("STADIUM AUTHORITY"). This Agreement is the entire agreement between the parties pertaining to the Website (as defined below) and development and use of the Website, and supersedes all prior agreements and understandings relating thereto, written or oral.

WHEREAS, the STADIUM AUTHORITY is the builder and owner of Levi's Stadium located in Santa Clara, California and has sold, and expects to continue selling, Seat Licenses ( as defined below) that grant the licensees thereunder certain rights to purchase tickets to events at Levi's Stadium, including the right to purchase season tickets to San Francisco Forty Niners football games;
WHEREAS, FORTY NINERS FOOTBALL COMP ANY LLC ("49ers") owns the franchise for the San Francisco Forty Niners football team and has an interest in maintaining a market for the sale of its season tickets and has agreed with the STADIUM AUTHORITY to sell its season tickets to licensees of Seat Licenses;
WHEREAS, STR wishes to host the Website as the secondary market exchange for the purchase and sale of Seat Licenses and to acquire certain advertising benefits from the STADIUM AUTHORITY;
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, the parties hereby agree as follows:

1. Definitions
Unless otherwise defined herein, the following terms shall have the meanings described below:

Buyer: A "Buyer" is a person or entity that has purchased Seat Licenses from a Seller through a Completed Transaction or who has submitted an "Offer to Buy" in accordance with the terms of the User Agreement.

Transferee: A "Transferee" is a person or entity that has agreed to assume ownership of a Seat License from a Transferor through a Private Transfer.

Seller: A "Seller" is a person or entity that has sold its Seat Licenses to a Buyer through a Completed Transaction or who has listed its Seat Licenses for sale on the Website.

Transferor: A "Transferor" is a person or entity that has agreed to transfer ownership of its Seat License to a Transferee through a Private Transfer.

Completed Transaction: A "Completed Transaction" means a transaction where "Transaction Completion" has occurred as defined in the User Agreement and STR has made all payments required to Buyer and Seller.
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Private Transfer: A "Private Transfer" means a transaction on the Website where the Transferee and Transferor have already reached agreement on a transfer and do not use the Website to reach a Final Price.

Private Sale Transfer: A "Private Sale Transfer" means a transaction on the Website where the Transferee and Transferor have already reached agreement on a transfer and do not use the Website to reach a Final Price but the Transferee utilizes the Website to transfer the funds from the Final Price to the Transferor.

Final Price: A "Final Price" is the final sales price for a Seat License that is agreed to by a Buyer and Seller.

Seat License: "Seat Licenses" shall mean the rights held by a Licensee; as such term is defined under a binding STADIUM AUTHORITY Stadium Builders License Agreement.

Term: The "Term" shall have the meaning assigned to it in Section 5.1 hereof.

User Agreement: The "User Agreement" is the user agreement published on the Website from time to time by STR that governs the relationship between STR and Sellers and Buyers and sets forth the requirements for use of the Website by Sellers and Buyers.

Stadium Website: The "Stadium Website" means the website or websites that the the STADIUM AUTHORITY maintains as official websites, and shall include, without limitation, http://www.levisstadium.com/ and any other website that the STADIUM AUTHORITY may maintain or designate as an official website during the Term.

Website: The "Website" means the website that is a secondary market exchange for the purchase and sale of Seat Licenses that is established and maintained by STR as provided herein.

2. Obligations of STR

2.1 The Website: STR shall design, develop, establish and maintain the Website with reasonable input from the STADIUM AUTHORITY and, to the extent it bears on the sale of 49ers season tickets, the 49ERS. STR shall use reasonable efforts to ensure that:
a. the Website is used exclusively for transactions relating to the sale and purchase of Seat Licenses;
b. the Website remains fully operational and functional during the Term; and c. the Website is promptly restored to a fully functioning status in the event any of the Website functions are interrupted, delayed, halted or suspended for any reason.

2.2 Website Use Fees: STR shall charge the following fees ("Website Use Fees") on the Website:
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a. For a Completed Transaction for Seat Licenses, STR shall charge Seller an amount equal to the greater of (a) ten percent (10%) of the Final Price or (b) two hundred fifty dollars ($250), and
b. For a Completed Transaction for Seat Licenses, STR shall charge Buyer an amount equal to the greater of (a) ten percent (10%) of the Final Price or (b) two hundred fifty dollars ($250), and
c. For a Private Transfer STR shall charge the Transferee a fee of one hundred dollars ($100) per seat.
d. For a Private Sale Transfer STR shall charge the Transferee an amount equal to the greater of ( a )five percent ( 5%) of the Final Price or (b) a minimum of one hundred dollars ($100) per seat.

2.3 Records and Audits: STR shall maintain records of Completed Transactions, Private Sales and Private Transfers for a minimum of five (5) years after the end of the Term.

The STADIUM AUTHORITY shall have the right to perform an audit of STR's records at its sole cost and expense upon reasonable notice at any time during the Term and for a period of five (5) years after the expiration or early termination of the Term. STR shall not be subject to audit more than once in any six month period provided that the STADIUM AUTHORITY and the 49ers shall have the right to receive copies of records on either of their reasonable requests made prior to the expiration of such five (5) year period.

2.4 Compliance with User Agreement, Applicable Laws. STR shall at all times comply with the terms of the User Agreement and, in performing its obligations hereunder, STR shall, at all times, comply with all applicable laws, rules, ordinances, orders, judgments and regulations of any and all applicable governmental and quasi-governmental entities, and all applicable rules and regulations of the National Football League.

2.5 Exclusivity: Except as set forth herein, STR shall not host or own an interest in ( directly or indirectly) or operate any website that is a secondary market exchange for the purchase and sale of Seat Licenses.

2.6 Sponsorship Payments: In consideration of the benefits provided to STR under this Agreement:

1. During the Term of this Agreement, STR shall pay the STADIUM AUTHORITY an annual Sponsorship Fee of $325,000, paid as follows:
1524\02\1483319.1
A. From April 1, 2014 through March 31, 2015, STR shall pay the STADIUM AUTHORITY $27,083.33 each month within ten (10) days after the end of each calendar month.

B. From April 1, 2015 through March 31, 2016, STR shall pay the STADIUM AUTHORITY $27,083.33 each month within ten (10) days after the end of each calendar month.

C. From April 1, 2016 through March 31, 2017, STR shall pay the STADTIJM AUTHORITY $27,083.33 each month within ten (10) days after the end of each calendar month.

2. STR shall also pay the STADIUM AUTHORITY as follows:

A. For all transactions that are completed during the twelve month period from April 1, 2014 through March 31, 2015, STR shall pay the STADIUM AUTHORITY, in a lump sum prior to March 31, 2015, fifty percent (50%) of the balance of such Transfer Fees for that twelve (12) month period that exceeds $650,000.

B. For all transactions that are completed during the twelve month period from April 1, 2015 through March 31, 2016, STR shall pay the STADIUM AUTHORITY, in a lump sum prior to March 31, 2016, fifty percent (50%) of the balance of such Transfer Fees for that twelve (12) month period that exceeds $650,000.

C. For all transactions that are completed during the twelve month period from April 1, 2016 through March 31, 2017, STR shall pay the STADIUM AUTHORITY, in a lump sum prior to March 31, 2017, fifty percent (50%) of the balance of such Transfer Fees for that twelve (12) month period that exceeds $650,000.

2.7 Other Charges: STR may charge Buyers up to three percent (3%) of the Final Price as an additional charge for credit card transactions and may charge an additional charge for specific shipping methods, and STR shall have no obligation to pay to the STADIUM AUTHORITY any portion of these charges.

3. Obligations

3.1 Exclusivity: The STADIUM AUTHORITY shall not maintain nor permit on any Stadium Website any hyperlinks, advertising, promotion or mention of any other website that is a secondary market exchange for the purchase and sale of Seat Licenses.

3.2 Licenses to Use marks: The STADIUM AUTHORITY hereby grants to STR a non-exclusive, non-transferable, non-sublicenseable, limited right and license to use certain of the SCSA and, subject to any limitations on the STADTIJM AUTHORITY'S rights to use, Levi's Stadium trademarks and copyrights (the "Stadium Marks") on the Website, solely in connection with transactions relating to Seat Licenses. 49ERS hereby grant to STR a non-exclusive, nontransferable, non-sublicenseable, limited right and license to use certain of the 49ERS' trademarks and copyrights (the "49ERS' Marks") on the Website within the 49ers Home Marketing Area, as defined by the National Football League and solely in relation to transactions relating to 49ers season tickets. STR understands that its use of the Stadium Marks and the 49ERS' Marks must comply with the respective style requirements of each of them and shall, at all times be subject to the approval of the grantor of the licenses hereunder. In the event that either such grantor notifies STR that STR is using any of their respective marks in a manner that 1524\02\1483319.l
is contrary to the style requirements, STR shall promptly cease such nonconforming use. The STADIUM AUTHORITY or the 49ERS may also determine that any nonconforming use is a breach ofthis Agreement, and the STADIUM AUTHORITY agrees to declare a breach of this Agreement if the 49ers notify the STADIUM AUTHORITY of such determination and request such declaration. STR acknowledges that it will not obtain any rights or interests of ownership in the Stadium Marks or the 49ERS' Marks by any use of them. STR' s right to use the Stadium Marks and the 49ERS' Marks as provided herein may not be assigned or transferred at any time.

Upon termination of this Agreement, STR shall immediately cease use of the Stadium Marks and the 49ERS' Marks. STR agrees to promptly notify the STADIUM AUTHORITY and the 49ERS of any unauthorized use of the Stadium Marks or the 49ERS' Marks by others of which it becomes aware. STR shall have no right to bring, or require any party to bring, infringement or unfair competition proceedings involving the Stadium Marks or the 49ERS' Marks. Before using any of the Stadium Marks or the 49ERS' Marks, STR must submit to the STADIUM AUTHORITY or the 49ERS, as the case may be, artwork or other items which contain or incorporate any Stadium Marks or 49ERS' Marks for prior written approval, which approval may be withheld in the absolute discretion of the STADIUM AUTHORITY or the 49ers, as applicable. In addition to any other rights and remedies available under law, the STADIUM AUTHORITY or the 49ers may seek injunctive relief from any court of competent jurisdiction for any violation or infringement of its intellectual property.

3.3 Transfer Rules: The following transfer rules will apply to the Website:
a. STADIUM AUTHORITY will waive the collection of any internal transfer fee for any transfer of Seat Licenses completed using the Website; b. STADIUM AUTHORITY will waive any restrictions regarding the number of transfers permitted per calendar year for any transfer of Seat Licenses completed using the Website;
c. STADIUM AUTHORITY will accept transfers throughout the calendar year for any transfers of Seat Licenses consummated on the Website, subject to its right to reject any person as an owner of a Seat License in accordance with the Stadium Builders License Agreement.
d. STADIUM AUTHORITY will permit Buyers and Sellers, as well as Transferors and Transferees, to submit separate counter-signed transfer forms. e. STADIUM AUTHORITY will accept, as a matter of form, original transfer forms, fax copies of transfer forms or digital transfer forms submitted through an online signature process approved in advance by the Stadium Authority. All transfer forms must be accompanied by a copy of a state issued driver's license or passport. f. STR will be responsible for assuring that all transfers comply with the requirements of the Stadium Builders License Agreement.

3.4 Cooperation with STR: Subject to the then-applicable STADIUM AUTHORITY Website Privacy Policy and any legal restrictions pertaining to personally identifiable information and all other applicable laws and regulations, the STADIUM 1524\02\1483319.1
AUTHORITY, as applicable, shall provide STR with information necessary to process transactions on the Website ..

3.5 Additional Undertakings:
(a) During the Term, in addition to the rights under Section 3.2, the STADIUM AUTHORITY will:
(i)
(ii)
at a minimum of four (4) times per calendar year, advertise the services being provided by STR through email communication to Seat License holders and general fans as determined by the STADIUM AUTHORITY, in its sole discretion; and
will maintain one banner or standard web advertisement on the Stadium Website.
(b) During the Term, in addition to the rights under Section 3.2, the 49ERS will, for the benefit of the STADIUM AUTHORITY, provide the following to assist the STADIUM AUTHORITY and STR:
(i) One (1) dedicated email blast to season ticket holders each contract year; and
(ii) STR shall have a full-page advertisement in the 49ERS Gameday magazine for pre-season and regular season home games (STR shall provide artwork); and
( c) the 49ERS shall maintain operational hyperlinks to the Website on any 49ERS website under or otherwise conspicuously connected with any webpage relating to season tickets, with a hyperlink sending a user directly to the Website.

With respect to each advertisement referenced above, STR shall prepare and produce such material, at STR's sole expense (unless otherwise agreed by the STADIUM AUTHORITY or the 49ERS, as applicable), in final form or such form that reasonably approximates the anticipated final form of such advertisement and shall provide such material to the STADIUM AUTHORITY or the 49ERS at least thirty (30) days (or such shorter period as they may mutually agree) prior to the first date on which such advertisement is to be broadcast, published, distributed or displayed hereunder. The form, content and presentation of each advertisement shall be subject to the approval of the STADIUM AUTHORITY or the 49ERS, as applicable. the STADIUM AUTHORITY or the 49ERS, as applicable, shall notify STR of its approval or rejection of all or part of the proposed advertisement within ten (10) days after receipt of STR's submission thereof.

STR represents, warrants and covenants that the use ( as approved by STR) of any content or materials prepared or provided by STR for any advertising under this Agreement does not and will not infringe any copyright, trademark, right of privacy or any other right of any third party and that STR has all necessary rights for the use of such content and materials in connection with the subject advertisement as contemplated in this Agreement. 1524\02\1483319.l

4. Intellectual Property Rights; Customer Information

4.1 Intellectual Property Rights: Except for the license granted to STR under this Agreement to use the Stadium Marks and the 49ers Marks, all intellectual property rights in the Website shall remain the sole property of STR. In addition to any other rights and remedies STR may have, STR may seek injunctive relief from any court of competent jurisdiction for any violation or infringement of its intellectual property.

4.2 Customer Information: During the term of this Agreement, customers of the Website ( each a "Customer") may provide STR with personally identifying information during a registration process or otherwise ( collectively "Customer Information"). STR agrees that as between the parties Customer Information shall be Confidential Information of the STADIUM AUTHORITY and 49ERS, as applicable, and will be kept confidential and secure at all times, except that STR may disclose Customer Information pursuant to STR's obligations to a Buyer or Seller, pursuant to STR's obligations under this Agreement, and pursuant to STR's rights of disclosure reserved under the User Agreement. Except as provided in the preceding sentence, STR shall not use or disclose any Customer Information, except as necessary to perform its obligations hereunder or except as authorized in writing by the STADIUM AUTHORITY and 49ERS, as applicable. The parties agree that if there is any breach of personal information security, STR will immediately notify the STADIUM AUTHORITY and 49ERS in writing, and if such breach is subject to any law requiring notification to customers and/or government authorities of such breach, STR will provide all such required notices and will indemnify and hold harmless the STADIUM AUTHORITY and the 49ers, and each of their respective affiliates, officers, directors, agents and employees against all claims arising from such breach.

STR shall in all events comply with all legal requirements and shall use its best efforts to comply with the provisions of this Section 4.2 in full compliance with all applicable laws.

5. Term; Termination

5.1 Term: The term of this Agreement (the "Term") shall commence upon the Effective Date and shall remain in full force and effect thereafter until March 31, 2017. The provisions relating to required payments representations and warranties and indemnity, and all provisions required to enforce the provisions of this Agreement, shall survive its termination.

5.2 Termination: Either party may terminate this Agreement for the other's breach by providing thirty (30) days notice that describes the breach. The termination for breach will not be effective if the breach is cured within the notice period. In addition, the STADIUM AUTHORITY may terminate this Agreement if STR is in breach of the User Agreement by providing thirty (30) days notice that describes the breach. The termination for breach of the User Agreement will not be effective if the breach is cured within the notice period.

5.3 Procedures upon termination or expiration: After the date of termination or expiration of this Agreement, STR shall cease accepting new listings for Seat Licenses on the Website. Within two (2) business days after the date of termination or expiration of this Agreement, STR shall remove all listings for Seat Licenses on the Website for which no offer has been accepted by the Seller. STR shall promptly pay the SCSA 50% of all revenues received regardless of whether they are received before or after termination of this Agreement. Within 1524\02\1483319.I
fifteen (15) days after the date of termination or expiration, STR shall shut down the Website so that it is no longer accessible on the Internet, but STR may thereafter operate a website as a secondary market for Seat Licenses so long as STR does not engage in any form of conduct that would cause a user to believe that a relationship of any kind exists between the STADIUM AUTHORITY and STR. Nothing in the foregoing shall preclude fair use of any trademarks or copyrights or any other rights that STR might have notwithstanding this Agreement; provided that STR shall have no rights to use, and shall not use, the Stadium Marks or the 49ers Marks after termination of this Agreement.

6. Indemnity, Exclusions, Release

6.1 Indemnity: STR shall indemnify and hold harmless and defend the STADIUM AUTHORITY and 49ERS and their respective owners, shareholders, members, partners, managers, employees,affiliates, officers and directors from and against any and all claims, demands, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising out of STR' s breach of this Agreement or the User Agreement (including any representation, warranty, covenant and/or obligation of STR set forth herein or in the User Agreement). STR shall defend all actions to which such indemnity applies and conduct the defense thereof at its expense through attorneys reasonably acceptable to the STADIUM AUTHORITY and 49ERS. The terms of this indemnity shall survive any termination or expiration of this Agreement.

6.2 Representations and Warranties:
a. Mutual Representations and Warranties: Each party hereby represents and warrants to the other that: (i) it has full power and authority to execute and deliver this Agreement and perform its obligations hereunder; (ii) it has duly executed and delivered this Agreement; (iii) this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with the terms hereof; and (iv) its execution, delivery, and performance of this Agreement will not conflict with, result in the breach of, or constitute a default under any arrangement or agreement to which it is a party or by which it is bound. b. Further Representations and Warranties of STR: STR further represents and warrants that: (a) it has obtained all rights and licenses necessary to operate the Website and any services related to this Agreement as contemplated herein, (b) it will operate the Website and provide services hereunder in compliance with all applicable California and other laws, rules and regulations, and (b) to the knowledge of STR, the Website and any services related to this Agreement do not infringe upon or misappropriate any right of any third party, however denominated including, but not limited to any copyright, trademark, patent or trade secret.

6.3 Exclusion of Certain Damages: Except for STR' s obligation of indemnity and defense under Sections 4.2 and 6.1 (Indemnity), no party shall be liable to any other party for any lost profits or special, consequential, incidental, indirect, special, or exemplary damages relating to Seat Licenses, the Website or any services relating to the Website. Except for third party claims arising under Sections 4.2 and 6.1 (Indemnity), or claims arising from any violation of laws, each party's liability to any other party to this Agreement is limited to the payments provided by STR to the STADIUM AUTHORITY.
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7. General Terms
7 .1 Entire Agreement: This Agreement is the entire agreement between the parties pertaining to the Website and development and use of the Website and supersedes all prior agreements and understandings relating thereto, written or oral.

7.2 Modification. This Agreement may only be modified by a written agreement signed by all parties. No amendment, modification or supplement of any provision of this Agreement shall be valid except as provided in this section.

7.3 Independent Relationship: The parties are independent contractors. Nothing in this Agreement creates any relationship between the parties of agency, partnership, joint venture, employer-employee, or franchisor-franchisee.

7.4 Notices: All notices required or permitted under this Agreement shall be provided in writing by certified mail, return receipt requested, addressed as follows:
lfto STR:

STR MARKETPLACE
550 Westcott St.

Suite 500
Houston, Texas 77007
Attn: President
If to the Santa Clara Stadium Authority:

Santa Clara Stadium Authority
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: Executive Director
lfto the San Francisco 49ERS:
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
Attn: Vice President of Ticketing & Suites

7.5 Governing Law; Personal Jurisdiction; Venue: This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without reference to conflicts of law rules.

7.6 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected. 1524\02\1483319.1

7.7 Assignability: No party to this Agreement may assign its rights or delegate its duties hereunder without the prior written consent of the other parties, which consent may be withheld in their sole discretion.

7.8 Press Releases: No party to this Agreement may issue any press announcement or other public communication regarding the subject matter of this Agreement until all parties have agreed to its content and the timing of the release; provided, however, that the SCSA may make public the terms of this Agreement as part of its approval process or as otherwise required by law.

STR MARKETPLACE, LLC
Signarure ~J
Name: ?rte-S"toN /fill.-
Title:

Date:

Entitled to benefits as set forth in this
Agreement, but obligated only to the specific
grant of rights in Paragraph 3.2 and specific
49er sponsorship rights set forth in
Paragraph 3.4
Signatures continued on next page
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Name:

Title:

Date:

STADIUM AUTHORITY:

SANTA CLARA STADIUM AUTHORITY,
a joint exercise of powers entity,
created through Government Code Sections 6500 et seq.

APPROVED A/ff~
RICHARD E. NOSKY, JR.

Stadium Authority Counsel
ROD DIRIDON, JR.

Secretary
1524\02\1483319.1
Executive Director
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Facsimile: (408) 241-6771
RESOLUTION NO. 14-1 (STADIUM AUTHORITY)

A RESOLUTION OF THE SANTA CLARA STADIUM

AUTHORITY APPROVING AN AGREMENT WITH STR

MARKETPLACE LLC AND THE FOURTH AMENDMENT

TO THE STADIUM MANAGEMENT AGREEMENT
BE IT RESOLVED BY THE SANTA CLARA STADIUM AUTHORITY AS FOLLOWS:

WHEREAS, the Santa Clara Stadium Authority ("Authority"), a joint exercise ofpowers entity, created through Government Code Section 6500 et seq., is engaged in various activities designed to lead to the development of a 68,500 seat stadium suitable for professional football ("Stadium Project") on a property located at Tasman and Centennial Drive ("Stadium Site''); and WHEREAS, the Authority entered into an agreement with Legends Premium Sales to sell stadium builders licenses (' SBLs') for the Stadium Project and subsequently has sold SB Ls for a majority of the seats in the Stadium; and
WHEREAS, the Authority now desires to enter into a Website Marketing Agreement with STR Marketplace, LLC ("STR") to allow STR to create a secondary marketplace website for the sale of SBLs by SBL holders; and
WHEREAS, the Authority also desires to enter into the Fourth Amendment to the Stadium Management Agreement with Forty Niners Stadium Management Company LLC ("Stadium Manager") to include within Stadium Manager's duties the management and administration of the Authority's obligations under the STR agreement and the administration of the SB Ls, including the invoicing and collection of payments under the SBL agreements upon the expiration of the Legends Agreement; and
WHEREAS, the Staff Report provides additional information upon which the findings and actions set forth in this Resolution are based.

Santa Clara Stadium Authority Resolution/STR and 4th Amendment to Management Agreement Rev: 03-07-11; Typed: 03-10-2014

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE SANTA CLARA STADIUM AUTHORITY AS FOLLOWS:

1. That the Board of the Authority hereby finds that the above Recitals are true and correct and by this reference makes them a paii hereof.

2. The Board of the Authority hereby approves the Website Marketing Agreement with STR Marketplace, LLC and the Fourth Amendment to the Stadium Management Agreement, and authorizes the Executive Director to enter into and execute the Website Marketing Agreement and the Fourth Amendment to the Stadium Management Agreement on behalf of the Authority, substantially in the fmm on file with the Authority Secretary, with such revisions as are reasonably determined necessary by the Authority signatory, such determination to be conclusively deemed to have been made by the execution of such agreement by the Authority signatory. The Executive Director is authorized to implement the Website Mai-keting Agreement and the Fourth Amendment to the Stadium Management Agreement and take all further actions and execute all other documents which are necessary or appropriate to carry out the Website Mai-keting Agreement and the FoU1ih Amendment to the Stadium Management Agreement.

3. The Executive Director is hereby authorized to take such further actions as may be necessary or appropriate to cai-ry out the Authority's obligations pursuant to this Resolution, the Website Marketing Agreement and the Fourth Amendment to the Stadium Management Agreement.

4. The Authority Secretary shall certify to the adoption of this Resolution.

5. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the Santa Clara Stadium Authority Resolution/STR and 4th Amendment to Management Agreement Rev:03-07-ll;Typed:03-10-2014

6. remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE SANTA CLARA STADIUM AUTHORITY, AT A REGULAR MEETING THEREOF HELD ON THE 18TH DAY OF MARCH, 2013, BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ABSTAINED: BOARD MEMBERS:

ATTEST:

Attachments incorporated by reference:

1. STR Website Marketing Agreement
Davis, Gillmor, Kolstad, Mahan, Marsalli and
0 'Neill and Chairperson Matthews
None
None
None
ROD DIRIDON, JR.

SECRETARY OF THE STADIUM AUTHORITY

SANTA CLARA STADIUM AUTHORITY

2. 4th Amendment to Stadium Management Agreement
S:\Attomey\RESOLUTIONS\Form Resolution - STADTIJM AUTHORITY.doc Santa Clara Stadium Authority Resolution/STR and 4th Amendment to Management Agreement Rev: 03-07-11; Typed: 03-10-2014

FIRST AMENDMENT TO SBL WEBSITE MARKETING AGREEMENT
This First Amendment to SBL Website Marketing Agreement (this "First Amendment") is made and entered into as ofMay3'0, 2017 between STR Marketplace, LLC ("STR") and the Santa Clara· Stadium Authority, a joint exercise of powers entity, created through Government Code Section 6500 et seq. ("Stadium Authority")

RECITALS
A. STR and Stadium Authority entered into that certain SBL Website Marketing Agreement, effective as of April 1, 2014 (the "Existing Agreement"), for the use of the Website ( all tem1s defined in the Existing Agreement are used herein as defined therein) by Stadium Authority Seat License owners.

B. The parties now desire to amend the Existing Agreement to extend the Term and otherwise to maintain the contractual relationship between them. The Existing Agreement, as amended by this First Amendment, is sometimes refeITed to herein as the "Agreement".

AGREEMENT
NOW, THEREFORE, in reliance on the foregoing and in consideration of the mutual covenants, &greements and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto and each of them do agree as follows:

1. Recitals. The provisions of the Recitals above are fully incorporated herein by this rnference.·

2. · Amendment to Agreement Provisions:

2.1 Section 2.6 of the Agreement is amended in its entirety to read as follows:

2.6 Sponsorship Payments: In consideration of the benefits provided to STR under this Agreement:

1. During the Term ohhis Agreement, STR shall pay the Stadium Authority a base amiual Sponsorship Fee of $325,000, paid as follows: Each calendar month dming the Tem1, STR shall pay the Stadium Authority $27,083.33 within ten (10) days after the end thereof, provided that the payments for .each May during the Term shall be $27,083.37;

2. During the Term of this Agreement, STR shall also pay the Stadium Authority in each calendar year, in a lump sum prior to May 31 of such year, fifty percent (50%) of the balance of such Transfer Fees (for the twelve (12) month period ending on such May 31) in excess of$650,000.

2.2 Section 5.1 of the Agreement is amended in its entirety to read as follows:
1 5.1 Term:: The term of this Agreement, which is hereby acknowledged to have originally been effective until May 31, 2017, is hereby extended so that this Agreement shall remain in full force and effect until May 31, 2022; provided that Stadium Authority shall have the right to terminate this Agreement on May 31, 2020, and on May 31, 2021, in each case, by providing sixty (60) days' notice, prior to the date of terminati_on. The provisions relating to required payments, representations and warranties and indemnity,. and all provisions required to enforce the provisions of this Agreement, shall survive its termination.

2.3 Section 6.1 of the Agreement is amended in its entirety to read as follows:

6.1 Indemnity and Insurance.
a. Indemnity: STR shall indemnify and hold harmless and defend the Stadium Authority and 49ers and their respective owners, shareholders, members,. partners, managers, employees, affiliates, officers and directors from and against any and all claims, demands, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and ,expenses, ~rising out of STR's breach of thjs Agreement or the User Agreement (including any representation, warranty, covenant and/or obligation of STR set forth herein or in the User Agreement). STR shall defend all actions to which such indemnity applies and conduct the defense thereof at its expense through attorneys reasonably acceptable to the Stadium Authority and 49ers. The tenns of this indemnity shall survive any termination or expiration of this Agi:eement.
b. Insurance: During the term of this Agreement, STR shall_, at no cost to Stadium Authority, maintain insurance coverage for professional liability and data privacy and network security liability with limits of no less than $1 million. The insurance policy covering data privacy and network security liability shall name Stadium Authority, the City of Santa Clara, Forty Niners Stadium Management Company LLC, Forty Niners SC Stadium Company and 49ers as an additional insureds and shall specifically state the coverage thereunder shall be deemed to be primary and_ not excess or contr1butory as respects any comparable insurance ot\1erwise available to Stadium Authority.

STR shall furnish Stadium Authority with a certificate of insurance evidencing such insurance coverages, which shall furthl;lr contain a provision that the policy or policies evidenced thereby shall not be canceled or modified without thirty (30) days advance Mitten notice to Stadium Authority.

3. Miscellaneous.
3 .1 Ratification: Except as modified by this First Amendment, all of the terms, condi#ons and provisions of the Existing Agreement, including the rights and obiigations of the 49ers, shall remain hi full force and effect and. are hereby ratified and confinned. 2 3.2 Enth·e Agreement: The Agreement contains the entire agreement of the Parties with respect to the subject matter hereof and in the Existing Agreement. It is understood that there are no oral agreements between the Parties anq. their respective agents with respect to the subject matter thereof, and none shall be used to interpret or constrne the Agreement. 3 .3 Authority: Each signatory of this First Amendment represents hereby that he or she has the authority to execute and deliver it on behalf of the party hereto for which such signatory is acting.

3.4 Counterparts: This First Amendment may be executed in multiple counterparts, each of which shall be deemed EtU original and all of which together shall constitute one and the same agreement. This First Amendment may be executed by a party's signature transmitted by facsimile (11 fa:x: 11 ) or by electronic mail in portable document fo1mat (1pdf'), and copies of this First Amendment executed and delivered by means of faxed or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original signatures.

The parties may rely upon faxed or pdf signatures as if such signatures were originals. A party executing and delivering this First Amendment by fax or pdf shall promptly thereafter deliver a counterpart of this First Amendment containing said party's original signature. The parties hereto agree that a faxed or pdf signature page may be introduced into evidence in any proceeding arising out of or related to this First Amendment as if it were an original signature page.

II
II
II
3 IN WITNESS WHEREOF, the Parties have entered into this First Amendment, as of the day and year first written above.

SANTA CLARA STADIUM AUTHORITY
a joint exercise of powers entity, created (h1·ough Government Code Section 6500 et seq.

APPROVED AS TO FORM
~ Authority General Counsel
ATTEST:
lP,Jv~ ~~~ Interim Executive Director
1500 Warburton Avenue
Santa Clara; CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

STR MARKETPLACE, LLC
Br,~
Name: Jj;e;w.J /j l L.
4 1

SECOND AMENDMENT TO SBL WEBSITE MARKETING AGREEMENT
This Second Amendment to SBL Website Marketing Agreement (this "Second Amendment") is made and entered into as of __________, 2022 between STR Marketplace, LLC ("STR") and the Santa Clara Stadium Authority, a joint exercise of powers entity, created through Government Code Section 6500 et seq. ("Stadium Authority")

RECITALS
A. STR and Stadium Authority entered into that certain SBL Website Marketing Agreement, effective as of April 1, 2014 and amended as of May 30, 2017 (the "Existing Agreement"), for the use of the Website (all terms defined in the Existing Agreement are used herein as defined therein) by Stadium Authority Seat License owners.

B. The parties now desire to amend the Existing Agreement to extend the Term and otherwise to maintain the contractual relationship between them. The Existing Agreement, as amended by this Second Amendment, is sometimes referred to herein asthe "Agreement".

AGREEMENT
NOW, THEREFORE, in reliance on the foregoing and in consideration of the mutual covenants, agreements and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto and each of them do agree as follows:

1. Recitals. The provisions of the Recitals above are fully incorporated herein by this reference.

2. Amendment to Agreement Provisions:

2.1 Section 5.1 of the Agreement is amended in its entirety to read as follows:

5.1 Term: The term of this Agreement, which is hereby acknowledged to have originally been effective until May 31, 2017, then May 31, 2022 as amended, is hereby extended so that this Agreement shall remain in full force and effect until May 31, 2023. The provisions relating to required payments, representations and warranties and indemnity, and all provisions required to enforce the provisions of this Agreement, shall survive its termination.

3. Miscellaneous.

3.1 Ratification: Except as modified by this Second Amendment, all of the terms, conditions and provisions of the Existing Agreement, including the rights and obligations of the 49ers, shall remain in full force and effect and are hereby ratified and confirmed.

3.2 Entire Agreement: The Agreement contains the entire agreement of the Parties with respect to the subject matter hereof and in the Existing Agreement. It is understood 2 that there are no oral agreements between the Parties and their respective agents with respect to the subject matter thereof, and none shall be used to interpret or construe the Agreement.

3.3 Authority: Each signatory of this Second Amendment represents hereby that he or she has the authority to execute and deliver it on behalf of the party hereto for which such signatory is acting.

3.4 Counterparts: This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. This Second Amendment may be executed by a party's signature transmitted by facsimile ("fax") or by electronic mail in portable document format ("pdf'), and copies of this Second Amendment executed and delivered by means of faxed or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original signatories. The parties may rely upon faxed or pdf signatures as if such signatures were originals. A party executing and delivering this Second Amendment by fax or pdf shall promptly thereafter deliver a counterpart of this Second Amendment containing said party's original signature. The parties hereto agree that a faxed or pdf signature page may be introduced into evidence in any proceeding arising out of or related to this Second Amendment asif it were an original signature page. //
//
//
3 IN WITNESS WHEREOF, the Parties have entered into this Second Amendment, as of the day and year first written above.

SANTA CLARA STADIUM AUTHORITY
a joint exercise of powers entity, created through Government Code Section 6500 etseq.

APPROVED AS TO FORM

STADIUM AUTHORITY EXECUTIVE DIRECTOR
COUNSEL 1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

STR MARKETPLACE, LLC
By: ________________________
Name: ______________________
Title: _______________________

FORTY NINERS FOOTBALL COMPANY LLC
By: ________________________
Name: ______________________
Title: _______________________
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-760 Agenda Date: 6/7/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request to Carryover FY 2021/22 Command Post Window Treatment CapEx Project, Non-Slip Floor Matting CapEx Project, Lift Station CapEx Project, Mechanical and Electrical Closet Lighting CapEx Project, Loading Dock Lighting CapEx Project, and Rust Prevention Mitigation CapEx Project, and Approve Related Budget Amendments

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On January 31, 2022, the Forty Niners Stadium Management Company, LLC (Stadium Manager) submitted a Capital Expenditure (CapEx) Plan with 5-Year Forecast (Attachment 1) for the Stadium Authority Fiscal Year (FY) 2022/23 CapEx Budget. It identified FY 2021/22 CapEx projects that were projected to complete in FY 2021/22 and provided the projected actual expenditures below. Because these CapEx projects were projected to complete in FY 2021/22, they were not carried over to Stadium Authority FY 2022/23 CapEx Budget that was adopted by the Stadium Authority Board on March 15, 2022.

CapEx Project Projected Expenses
Command Post Window Treatment CapEx Project $9,425
Non-Slip Floor Matting CapEx Project $59,351
Lift Station CapEx Project $206,800
Mechanical and Electrical Closet Lighting CapEx Project $111,958 Rust Prevention Mitigation CapEx Project $18,945
Loading Dock Lighting CapEx Project (referred to as Gold Lot 4 and 5 Lighting CapEx Project by Stadium Manager)
$65,059
In FY 2021/22, the Stadium Authority approved the following actions related to these CapEx projects:
· Command Post Window Treatment CapEx Project: On October 19, 2021, the Stadium Authority Board approved the Stadium Manager’s request to execute an agreement with MGC DBA Mission Glass Company for window tinting services in the amount of $9,425. · Non-Slip Floor Matting CapEx Project: On October 19, 2021, the Stadium Authority Board approved the Stadium Manager’s request to execute an agreement with R.E. Cuddie Co. for the removal and disposal of existing resilient athletic flooring from service tunnels, and the furnishing and installation of rubber resilient athletic flooring at Levi's Stadium in an amount City of Santa Clara Page 1 of 5 Printed on 6/3/2022
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22-760 Agenda Date: 6/7/2022
not to exceed $53,955; authorized the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $5,396, for a total not to exceed amount of $59,351; and approved a budget amendment in the amount of $6,851 to fund the total agreement and 10% contingency amount exceeding the budgeted amount for the line item in the Stadium Authority FY 2021/22 CapEx Budget.
· Lift Station CapEx Project: On January 11, 2022, the Stadium Authority Board approved the Stadium Manager’s request to execute an agreement with Bartley Pump PM, LLC for the replacement of pumps, floats, and controls at sewage ejector lift stations in Quadrants A, B, C, and D on the 100 level at Levi's Stadium in an amount not to exceed $188,000 and authorized the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $18,800, for a total not to exceed amount of $206,800. · Mechanical and Electrical Closet Lighting CapEx Project: On January 11, 2022, the Stadium Authority Board approved the Stadium Manager’s request to execute an agreement with Ample Electrical, Inc. for replacement of existing light fixtures in the Levi's Stadium Electrical Rooms and Telecom Rooms with new LED light fixtures in the amount of $101,780 and authorized the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $10,178, for a total not to exceed amount of $111,958.
· Rust Prevention Mitigation CapEx Project: On January 11, 2022, the Stadium Authority Board approved the Stadium Manager’s request to execute an agreement with R. Brothers Painting Inc. to prepare and paint the existing steel structure along the 300 level concourse of Levi's Stadium in the amount of $17,223 and authorized the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $1,722, for a total not to exceed amount of $18,945.
· Loading Dock Lighting CapEx Project: On January 11, 2022, the Stadium Authority Board approved a budget amendment to update the Gold Lot 4 and 5 Lighting CapEx Project title to “Loading Dock Lighting” and corresponding project description to include loading dock area as part of the scope of work and increase the budget for the Loading Dock Lighting CapEx Project to a total of $65,059; approved the Stadium Manager’s request to execute an agreement with Bear Electrical Solutions, Inc. for removal and disposal of existing wall mounted luminaire fixtures, and furnishing and installation of new wall mounted luminaires in the Levi’s Stadium loading dock area in the amount of $59,145; and authorized the Executive Director to approve the execution of change orders up to approximately 10% of the contract cost, or $5,914, for a total not to exceed amount of $65,059.

In addition to these actions, the Board authorized the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager for all the above-mentioned CapEx projects, and to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the projects for all but the Command Post Window Treatment CapEx Project.

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22-760 Agenda Date: 6/7/2022

DISCUSSION
On May 12 and 13, 2022, the Stadium Manager submitted the attached emails (Attachment 2) to request payment to R. Brothers Painting Inc. for the Rust Prevention Mitigation CapEx Project and confirm that the Rust Prevention Mitigation CapEx Project was not completed until April 2022.

Subsequently on May 19, 2022, the Stadium Manager submitted the attached email (Attachment 3) which identified additional FY 2021/22 CapEx projects that were in progress as of March 31, 2022 and completed in FY 2022/23:
· Command Post Window Treatment CapEx Project
· Non-Slip Floor Matting CapEx Project
· Lift Station CapEx Project
· Mechanical and Electrical Closet Lighting CapEx Project · Loading Dock Lighting CapEx Project
These projects are not included in the Stadium Authority FY 2022/23 CapEx Budget, and budget amendments would be required to complete the Stadium Manager’s requests for reimbursement.

The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, 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.

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) 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.

FISCAL IMPACT
The Command Post Window Treatment CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $9,425 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve.

The Non-Slip Floor Matting CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $59,351 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve.

The Lift Station CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $206,800 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve.

The Mechanical and Electrical Closet Lighting CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $111,958 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense City of Santa Clara Page 3 of 5 Printed on 6/3/2022
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22-760 Agenda Date: 6/7/2022
Reserve.

The Rust Prevention Mitigation CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $18,945 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve.

The Loading Dock Lighting CapEx Project is not part of the Stadium Authority FY 2022/23 CapEx Budget, and the Board will need to approve a $65,059 budget amendment to add the project. These funds will be offset by a decrease in the Stadium Authority Capital Expense Reserve.

The table below summarizes the budget amendments as discussed above:

CapEx Project Adopted
Budget
Increase/
(Decrease)
Amended
Budget
Command Post Window Treatment
CapEx Project
$0 $9,425 $9,425
Non-Slip Floor Matting CapEx Project $0 $59,351 $59,351 Lift Station CapEx Project $0 $206,800 $206,800
Mechanical and Electrical Closet
Lighting CapEx Project
$0 $111,958 $111,958
Rust Prevention Mitigation CapEx
Project
$0 $18,945 $18,945
Loading Dock Lighting CapEx Project $0 $65,059 $65,059
Capital Expense Reserve $3,640,294 ($471,538) $3,168,756

COORDINATION
This report has been coordinated with the Executive Director’s and Stadium Authority Counsel’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] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Approve a budget amendment to include the Command Post Window Treatment CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $9,425 from the Stadium Authority Capital Expense Reserve;

2. Approve a budget amendment to include the Non-Slip Floor Matting CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $59,351 from the Stadium Authority Capital Expense Reserve;

3. Approve a budget amendment to include the Lift Station CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $206,800 from the Stadium Authority Capital Expense Reserve;
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4. Approve a budget amendment to include the Mechanical and Electrical Closet Lighting CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $111,958 from the Stadium Authority Capital Expense Reserve;

5. Approve a budget amendment to include the Rust Prevention Mitigation CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $18,945 from the Stadium Authority Capital Expense Reserve; and

6. Approve a budget amendment to include the Loading Dock Lighting CapEx Project in the Stadium Authority FY 2022/23 CapEx Budget in the amount of $65,059 from the Stadium Authority Capital Expense Reserve.

Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. Stadium Manager’s 2022-23 Capital Expenditure Plan with 5-Year Forecast

2. Stadium Manager’s Emails on 2022/05/12 & 2022/05/13

3. Stadium Manager’s Email on 2022/05/19
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Attachment 1
Stadium Manager’s 2022-23
Capital Expenditure Plan with 5-
Year Forecast
2021 STADIUM AUTHORrrY CAPITA L OlPHlDrTlJIIES • PROJ(CT(D ACTUALS {CON FIDWTIAL) llemRt,queut-d UfeCytle
GeneralBuMdlnc
Gener11eund!n1
Se<urity
04!e1uiptlon
Genenil Areu / Co1lln11M1lnOeck
Replace ind recoil lymt1l tnlfk deck co1tln11t !ht lower se1tin1 bowl ind on the 300 ind 700 lt\'tl Concourse-s, which ire rurrenttv 1howln g 1Jgn1 of wur. The deck to1tln1 serves 11 1 second•rv w1terprooflng system for 1he ocwpied spHes below these 1re1s ind 1bo prott'cts ind t .\lfnds the Irle of the concrete. Periodic rtop\Jcemenl ind recoiling of this systtom b necesn,y to m1lnOin c,ment w1ttorproofingsystem ind m1inUin the e~pectt-d life of the structure .

FltldTurfTrukRtpl1cement
The ament turftr1ckurpet Is wo rn, budled ind comp1ctedfrom use O\'tf the put fM yeus ind h11 rucht-d ill end of lie. This project 1dd1esse,s the uneven gr1deofthe oment turftrHkurpet. Thi!, project will !fmovethe eibtlng trick ind rebu~d il using 1 comp1cted1tone but 1nd1hock 11\·tr wilh ntwe11pet on top. Additlon1t:y, the project scope pum1nenlty1ddre,u the subgr1de Issues we tJpetlence wilh our current Irick tr, st1bifulng the bue to support the utreme loads it comu under during concerts ind dirt e-.-ents. Fln11ly, the new turf tuck wil elimln1te slipping h1urds ind lmpro\'t O\~r,I 11fety ind 1ppt111nce.

Drone DetKllon (Antenn1 Syslem)
Drone intrusions ,re hipptnlng more f1,quently, We nffd I dt'lection ind dete11ent s-.,1em In place for the Stturity of our wnue and -nu. This 1echnolo,v will ;iulsl SUdi.Jm Secu11ty ind LiW [nforcement In ldently'.ng 1ny th rt1ts ;ind to t1h muiures to m1tig11ethethru1 .
e d11'1 ·1b1;1 e I e ble1d ·11 1kli 11 1 rnefkr,11tthe1 d11f11 h1hif1 Thli 'II 11d nliu d1m1gei d ll1b'l'1, 'Alene< 1,~1em il be!1 11!11nedf I~~
UPDATE: PROJ£CTCOMPlCTl0
FY21 8ud1d FYl l Eluded Mt Amendtd Ml Projedt-d v,ri,nce AmendlTll!nts Bude et Ac1u11I St•tu1 / Comments
),572,500 l,571,SOO
357,000 357,000
57,750 57,750
21,000 21,000
15,000
ll,819
1,sn,soo Carryover to FYlOll/13
34),000 CUf'\IOYer to M01l/B
57,7SO C1rryowr to mon/n
7,18 1 Projmcomplt'tedin
FYJ.021/12-8udgetnvin1s
ofS7,tll
Ola $ 3,004,150 $ $ l,ooa,lSO $
DIWT
Public Sa/tty Capito! &ptnd/11m1
llemRequested UfeCycle De,crfpllon
PubUcS1fety
PubllcS1fety
I pe . el e IV dlhe 1l1d· m 1dmaril8 ed em11lel\ 1; 1 /Ill+ +li11U dniill 1r1ile§lld l.iln 11n llhl e 1lp 1flh119Uh ,;,;1 hpplflTUm 'Ril!U 14,sp 11 "l!d !P, Hf IU mar'Urli lfl I d1farn illil 1ndr1d·11l1n deiiE1i! lh1lh1 ~1p11le 1111 e plu;;i1hrul "Ao1IUFT11"1HiR01 U!ihi dl-11lddtllilil'li hl1h1 •endh pl 1111 · II e• ! " 15'111111 11 d1 e il1 hi e<e, ilh4miilig1le§hr ·ngress1ndegEMlhereisn1 11111lul>,1unhrlheE1 dsh 1p11lu1i1llhe11 11 l1emlle u ·u · e11p1bJ1'u
UPDATE: PROJECT PROJECTED TO SE COMPLCTlD
UPDATE: l'ROJECTl'ROJECTED TO 8ECOMl'ICTlD
IJe, titulpmenl reit esl f111 the 11·n1 ll1u1d11 s '-ssetsmenl Tel"' 1111•:q This deltEII II I;§ n I pil i\h lhe TP gl!'(enda lhe 1111 11mbl ad I Ii 11ila Ill lli'IEII I ii 1he liil5 i di kisl1nu1o mu11! itdhl erlh1n Ill i I P"ilh1d1 "R,11 ii hii I fb i t 1f 1 ii u,0001 lisu Ees +Iii! ~111e u,, hnefllhl u deu mine h em 111 li1un1e1 it ·Ell\ ·n uderl11 de1e1mlne e<"i1Nill1n 11f pll gn,s JU'T d1ti 11 ii o I del115'1 1flhil n~111'11 ; lf ll'ITUml ii Ill I l nl i b1hnie 1 !'I' Hlh P" I 111Jd 1 ldh"'ide ·1hl~ e>t ei,1endedresp11nsell"'e lhisnee flt lp"'enl I ldd11 lhe11n1il1Jll'Tl111n11y;!e1 b511 1esi II fh1mluh ;i11, 1 ·mm1ili1111ti uR· ch 1ui111nn 1• 11 g1 "'p1E1111h1 •~e1·,e111;1· m P ,n , r1e, e~Jipmenlreq Kifer!~~~~~~~~
The pill umlllnfll ue illle11 dE!eEI UPI n1 n 1h1mluls 1nlli~lliil1 fU rw1h. h i e lh1 N e I P elh 1d1 lhe ·~hn I Iii 1 afa er IJ 0005 \isl1n1e1 +his iil!lle ·e i be,eR1l1I 11 dHett~~e•O un 1f1uhsl1n11!'S l!'>IIEI ~ In 11de 11 delu nl ! I Ji 1111 dpil I S ll1Td1,1 I I n f J do 1 11 1f1hl!s u p1IIT1 If IITHm! IE I!! I nl nll ! lisl1nn, i r~eslfarF111ulw1 l 1ld euldbem;id~ rlel>ye;tended e5Jrln!e llme +hlln1 eq pru I I l~l'I~ ~b!li 1e11ndEh!A'llE1l1 -,~~-h 1ni11nn tdo11!n101lmp1Ell1lhe11ng11ilgslidir.rA9e<~R4 ••1hld! w"141hr1hel1hn 9eeiegil9FI I~ 11:ng1 I 11 , h ; n I I 1,111 1 ~ UF"flll ii d ilB . 1:h ·11h h lh1 [690PU;eT 1'1! lhemll1K1nllb1d p11mei 1 !i11ll1 fargre;il u '1'11Ril 1 holh1 1hlEl1isbelnell;fn ·n1nd111undl1r1:e111 1H UPDATE: PROJECT PROJECTED TO Bf cm.tl'J.£TED
10 K1w1111d Mule
Purch1ie new K11w,nkl Mule for Uplo1r.~ Ordinance Disposal (EOD) tum, Coit lt1c~des unfitting the K;iw111kl Mu le with Pofict libels ;ind muklngs, (ghtln11t1d lockir,g sto11ge boxes. The EOO tu m doM not ru rrton lly hive I dtdiult-d vehicle ind 11e OJrrentty Willing with unlries ind EOD ge;ir durfng ruponse c1!ls for suspicious p;ichges ind drone p1y'.01ds. The EOD tum ii, fint on scene sweepln1 the sudlumfornfetylssues ind the 1111 ID lu\~. Shlfu un v.tfnd p11t 10 hours. Pu1ch11e of I whicle would reduce fliti,;ueforoffkers1ndunlnesandrt-duce re1ponsetlme.
10 Kaw,nklMule
Purch ase newK1w11,UMu!t for Special Re1pons1Tum{SRT}. Cost lncludes u pfrttirlg the K1wu1k'Muk!with Police bbeb ind m1rUngs, hghtini, ~lpmtnt storlgt boxu 1ndTypt" l IME box lhU is •PPfO\·ed by!he U.S. Buruu of Akoho1Tob,cco 1nd flrtHml (ATF) to 1r1n1po1t/slore brt1Che1 vpiosil.~s. Th e SRT t,qulpment is turrtnltv In• standHd siitod vehiclto thil upon dtp!oymenl would not usi>y II\.inev.-er the sl1dium or crowds of 11tendees; the tum would be requiied lo go lo the \-ehklto to relrieve 1he required equipment extending response time. The vehkle miy also be deployed to City ls.sues ind lhe equipment would not be /Hd,ly lVli~blt for Ult. The SRT does not currenlfv hl\'I! 1 dediuted vthkle. Purthue of I vehkle would 111ow lhe 511.T to mobllilenet-dedequlpment1ndwill1educeresponsetlme.
199,500

6.038
3,<423
52,805
66,311
12,600
26,250
21,000
199,500 190,499
6,038 6,038
3,4B 3,03
52,805 50,3"1
66,381 61,SU
11,600 U,600
16,150
21,000
S111u1/Comments
9,001 Project projected to be
comp\e1Nl inM021/2lProjected Wdget uW.gs of
S9,00I.
1'10/Ktprojectedtobe
completedlnFYl021/12
Project projected to be
comp\etedlnFYJ.02 1/12
Project completed In
2,457 FYl011/12 • Projectbodget
nvingsofSl,457
4,867 Pro)ectcomp!etedin
FY.102l/22•Projectbud1a
s.YlngsofS4,167
Projectp10Jectedtobe
completedlnM021/12
26,150 (l/l)'OYl!flOFYJ.021/13
21,000 cmvcver to FY2022/13
1/31/1021
2021 STADIUM AUTHORITY CAPITAL lXPWDITUR[S • PROJECTED ACTUALS (cormDrnTIAL) ltem Requuted UfeCycle Descrfpllon FY2l Bud&et FYl 1 Bud1e t FYl l Amended FY21 Projected Vuli nce Amend1MnU Bud1e t Actuals St1tus/Commenh
PubllcS1fety
l ocking oruite Conu Stouie conOlner 10 s1ore J Polke K•w1uU Mules, lndidlng t he reque-sled £00 ind SRT mule purdu,se. The Conu S\Ori&e contillner w~I be housed In I puling lot dedkited ro, police JMrling w:th the uwred footprint of the SUd:Um. .f,100
Total $ 191,196
Th.tu lt1m1 wer, lwoU9ht IH/011 the SOA loord and opp10111d In pte11lous yeor1 ltemRequested UfeCyde Demiptlon
AudloMsu•I
Eleclrlu l
Elec trlu l
FF&E
H&E
Food and Bew~ ge
Food and Bewf"il,e
Gene~IBulldlri,
Gene1a lBulldln1
Gene11IBulldln1
Gent~leu1ldlr1&
Gtrienil Build!n1
Gener1lD ulldlri1
DMrT
10 R1dlo Booth C.a blln1
Install fiber op(ic ubBng to inc,use 1he low \'OIU1e c1bHn1 b1ckbone. This in1u1l1tion v,,iD 1ccommod1te the l!Jpindin1 r~uesl5 we 1et for booth uuge during n1di.im events, ind kHp up with emer&ln& trends.

Crestron Control & Bulldlri1 Ope~Uri1 System Ups~du
lnst1llilion of ii C1e-st1on Cont1 ol S','l,tem to monitor HVAC, U&hting. Electric•~ ind Fire Aurms. This com1>1ehensive S','l,lem en1b!es ii of I hue items to inlerfue with one •riolhu for en1lneers lo see 1 ,ul lime view of the bui!ding•s systems.

UPOAT£: PROJCCT P1'0 J£CT£D 10 Bl COM P!CT(D
Bro1du1t Booth Power
lnllal!a tlon of power components u1ed fo r 1t.di.Jm t\'fnU. These component1wm 1dheie to lCEO cert ifk•tlon, provide a dun 1oorceof powu for ourchnts,•nd lmPfoveoper11ln1elfldencles.

Concession Ca rt C.blln1 for Port ablu C.rU (l evels 300, 700, etc,J Insti ll code riled lowvoll•&• ab\:,,1(CAT6) to porlible concession arts. Thisw,11 p!O\lde IP b11ed ICCHS to t ha IPTV IMnU bo1td1 ind POS 1','l,lems for c11'C!Jt urd 1,1nuctlon1, u wtll II dfliver an emergency sl(n11e IO be- displ1yed 11 lht conceulon sunds if needed,
Guut SffVkH8ooth1
Two 1ddttlonal l'Jeil servkes booths on the main concoune to, better eflh1nud customer seMCe touchpolnu.

Replace rumlture for BtlY Field aubs, United, Le\f1 501 & Yahoo dubs arid Spedal £writ sp cu Purchase ieptacem,nt lu1niture for clubs i nd 1pe1;i1I t"o-.rnt spaces to 1nh1nu arus ind mHt dltnt e,ptc1atlons. Thll!H spaces ,1,e 1mon1stlhemo1tut•ll'edln theentlfest1dlum.

I 111 1111 "i. l 1l rl111, 1 rll• 1111i.~r1uw~, .Rrl11 'sl1ulet, 11 l l'U Reid ,f g11Jrl' "' ' I IS ln.tH~ ~~nishelpsn, dlRilep lillifl'I ~fl'ePUI "li1i,I 1fh1 Sllf~h9-vw(fH~'-- UPDATE: PROJECT COMPiffiD
8ew r11e DlstrfbutlonSy,tem
Ecp.1ipmenl lo usbt with the dis!ribulion of beer and 1odu throu1hout the s11dium conce.s1ion ,rus and b1rs. This includes the line1 1ndC02dispen1in1equlpmtnt.

COl Monl1oriri1 & serison for code CompU1me
Jm,1111 ,emote CO2 monitorint fo r ,nhanced ufety for s11dium suff per SCFD P. Stile of CA.

Instill Premium/Club wavf]nding. Sul1e w1yflnding. Smoklri& section 1l1ru, /lo smokin& 1J1n1 fo r 11ound !he m1in ind upper concounes, Section numben/floo1 decills, AOA bi.Je lines, Tunnel sl1nstha t • no photos/no iutoviplu", e tc. st, dlum£wnt Slan•1e
tnsull st1ctium sl1n11e (ind!Jdm1 but not li-n11ed to tunnel awninl'l, ;acce,ssible sutin1 iefeience •ins, low tr bowl sections pl.iculh, ind•dditlon•lflreiridbuildin1codesl1nageperOrem1uhQ.

IRSlill IRde s~des1RrJ/,rtinl lhee le "1 • 1h 1anlhelOO le el(amffliRdPu4 1eredii feheat1ndgl1 e Th~ UPDATE: Pl(01£CT PROJ£CT£D TO BE COMPLCTEO
Publk Safety· Comm1nd Poll COINTIUn!"llon Equlpmerit
Pu rchne 1nd instill publk sifety screens, monitors, ind p10Ji!Cllon de'.'ices used In monito1ln11tadi.Jm ind security ope1i tlons to help!mpro\'esitu.itlon1l awi1tness 1nd re,sponse,
,~~~
i:lllf'f-Rl™~~~HIK-l!M~e El 1111 s,eRI 1111 d-p,~e4~ e-"'41GNfn-f)ltro~ill-e;.l....d ~~lul11dhelp p e,,e~ I !1111'!1 ul hf
~~
i!h luu II!,, fl'e
u
11 ••t4~•~-d•e--
~. llfl'e
f•l•fth
11 ,111, ~,,1 e AUFMID ·~ -.. hr t u t ,s,ige(thU IR,. de IIIIWi .... ~ UPDATE: PllcOJ(CT PROJlCTl D TO Ii COMPlCT(D
10 Wome ri's Locker Room
COll\'flt • portion of the au diary lod.er 100m 1ru to i1CCOmmod1te ii larser private sp,ce to, female ilhletes, performers, offldals, ind other femile t\'fnt day 1po1Un1 and entertainment profeislonals visit!n1 or woritln& events 1t lMs St1dium.

Automatic Logic Control Bulldlri1 £r11ln«Mr11 S~tem
Instill an •ul0matk lo1kcont rohrs,1lfm up1,1de to monitor the buUdin1'1 HVAC In ill quadrants s!muluneously, This up(hted 5','l,tem w~I enable 1r1phlc lnterfHe ind help the 1',11em to oper•te more effidently wil h time dock m1n1gtment and u11itlri1 In pott11tf1l!l&Mln1controleneityn'llnp.

Club Sp,ce floofin1
610,000
10,500
157,500
l6,7SO
Sl,500
73,500
1,630,000
71,.fOO
31,SOO

52.SOO
110,000
261,500
144,900
16,300
60,900
7B,7SO
52,500
390,600
]6,750
19,l SO
150,000
.f ,100
391 196
630,000
10,SOO
157,SOO
l6,7SO
51,SOO
71,SOO
1,680,000
l I,500
Sl.SOO
H0,000
162,500
l.50,000

14.f,900
16,100
60,900
18,750
52,500
)90,600
) 6,150
19,250
4,100 Cmyov,r 10 fY.IOH/H
11',QZ r;J,775
Status/ Comments
59 1,111 C1rryowrtoFY20l2/ll
6,.f8l 4.0 19 CuryowrtoFY20U/ll
U ,107 75,29] Project p10/ecled lobtcompietedlriM011/l1 · Pro/ectbud&et ulllnisof
S75,19l
19,H4 17,306 Ca rryove rtoFY20H/lJ
51,500 Cm)'OVUlofYJOll/lJ
73,500 CuryowrtoFYlOH/ll
59,000 1,621 ,000 CUtyO\'ef to fY.1021/ll
69,459
14,614
7,713

7.f8,S l 2

9.415
71,27 ..
52,500
10,000
7,778
1,941 P10/ectedcomp1etedln
FY1021/ll•Pro/ectbud&et
uvinisof Sl ,941
16,186 Project completed in
FY1 021/ll • Pro/ec1bud11t
s1lllnisofSI 6.!B6
51,SOO C1rryovtr10FY20H/ll
202,lll C1rryo~r toFY20H/ll
261,500 C•rryover toFY20H/ll
1,1H P10/ectcomple tedin
144,900
7,175
60,900
7, 76
170,600
U,911
19,150
FY1021/H• Project buctget
uvinisof Sl, 188
Cu ryowr toFY:2022/H
ProjKtPfoJectedtobtcomplttedinFY20ll/ll·
Projectedp,ojectbud1et
s•vinpof S7.J15
C;a r,yowrlOFY20l1/ll
Projectcomple!edin
FY1021/l2 - Projectbudget
uvinasof S7,.f76
Pro/ectprojectedtobtcomp!etedlnFY:2021/ll
C11ryovu toFY20H/ll
C11ryover l oFYlOH/l3
(irryove, toFY2011/ll
l/ll/2012
I-
DRAFT
2021 STADIUM AUTHORITY CAPITAL DIPrnDITVRU • PROJECTED ACTUALS (COrmornTlAL) 11,mRequesled Uf,Cycl,
HVAC/Mech1nlc1l
Duulptlon
1trip, 1e1urfu,, ind/or repln, h1rdwood flooring surfua In the 8NY Ent & West ind Levi's 501 1p1cu. These sp,ca u, 1mong th, most ut~Ued spices In th, building and get a b1gl! amount of foot traffic. Thi5 wo,k wil help e,1,nd the uHful ~-ft of th1!'51! spaces ii 11,•ell as reducing sLp,s and falls horn worn floou. •lld.Ag,:l!rt1iAl!nlnh'11Ahrp1 ! a ddaU1Af:i1ld,'fha ef1ud· ~~a\ ·pgelut ' ulnA !119 uler1AdelA1'1 lh u Uri -
UPDATE: PRDJ((;T COMPLETED UNDfR Al TERNA TE MEANS
CoolJng Taw,rs
Repl1ceCoolln1Towers intein,I prns and s~tems. Thi5 lndudes the motors, fans, f~I. control!, 111d piping which support the mechank:al cooling fu11t1lo111 for the HVAC s~tem.

V1rf1bl1!Fr!!quencyDrfve{1)
Replue e..tulor VFD units for Co0Hn1 Tower pumps due to life up«Uncy iuues. This s~tem supports the mechank1l coo~nc functloM for thf HVAC system.

HVAC/Muh1nlc1I 10 ln,t11l /f,rwKltchenElh1u1thn1throughoutth,buTid!nc IT
Plumblng
Secu~
Suurftv
Sl!Curfty
Securftv
Securftv
Seu1rftv
Install variable f1equency d1 i11e {VfO) Unils on kllchen e:o.haun Ins for sort start (slow ramp up) up1br..t!es. Kitchen e,h1ust hm; current!'/ operate 100 percent of the t!me. rnsullng VFO uniti; wil modul1te the powu •nd U\'I! ent1cvwhenevu the fan ffo In use.

Sofl ~tut enenth the II, of the equipment and nves enercv.

Fln1nd1I Mtntgemrnt lnfonn11lon System Pro/eel
Procure a new doud•bastd fln1ndal rnan11emen1 ,~tern for the Stadllm Author it-, !hat would allow gruler vlslbikty In to 1/on-rlfl [\'!!Ills. The management tompan-, th1\ h1"dles tlon•rlflevents would use thefln1ntt.l mana1ement s~tem for all ti."nctlons fflUtd to llon-llfl tvenu n we ll as \to11 support!n1 dorumentulon for !he 1r,nut1lons ((ncludln& ln\o'OlcH), Th• com lnc ludt software ~cenu/iubscrlptlo", houln& fee and I consulUnt for implementatlon and process Improvement. Thertwil beon1olna software ~c,nst cons •nd poulb.lit,,lor addrtlonal stiff Um!! fer lmplementaUo". 0,,011,1.a,arl ,, 1.a 1halhu e~ es1tr;l1h11 ,1 n1lfl,e1 ,i IA ~~~~~~~Mlt.U'•e-tfs.lt. lloulhlht1 llllre lllll1nlln,d1
UPDATE: PROJECT NO IONG£" ltlQUl"lD AfflR OP£AATIO/lt.4l CHANGES UPDATE: MANUFACTURER "tPiAC£DAU FAUlTYDEVICESATTHC MANUTACTU"llf'SV(PENSE ............

At,ilne ,iwm,is Fl'lll"! ii Ad uni tis ii sr ISi lj"'" 1 nip!'" Q 1d ,IAIS ., 8 ' & 9 IA 100 le 11 UPDATE: PROJECT PROJECTED TO BECOMPIETlD
Plumblng
Rtp!ue prusure rtducln1 valves ar1d othfl p1ru on dome,tk •nd re,cycled w•tfl S)'lt111ms. 8 lid 11,I "l.sl•ll•~s ilh t'l'l lfllll!Al lh•l UA •~die lhe le ad af <ide• 'ie ·Rg d r"~g 11 ge sule I!' eAl5 H el Hlh1 :lc4 Q lfE "t<, epe ,I',,· 1181 ► 1001 1110011 ud n i E1 .,, e , · ii du L l i A1lrF11iUd11 "''"h ,,,.,,111. di "d1 urds,CPHJI IU!!ll'S ,., f 5 pplies F11alh1lll1 d,,. dnllr I Enh1nc,St1dlumSeturitvCover1ge
Evaluate and rt place e~lstil'lg cameru w11h ll!Chnologlut:y adv.1ncl!d multi lens panor;imk:/)60/mult ~dirtctlonil c,meus. ~icn lout ions 1"d um er.a 1tylts hive crn1ed visual obstrutllons and gaps In tO\'l!t•&e. Height loullons wll.h find lens umeru create the inabi11Yto •dju,t fil!ld ofv~. lnstaltatlon oft,ltwion monitor1/si&n•ge11ur umu• mounts h1vtcre•tedfleldofvil!w obs1rut1lons. Due 10 h!&h 110lume of tlub spice usage for luge Hile, 1nd 1malt1 ~ ·,nts, rtq\ll!it l01 video lnlll!'ltlf;•tlons bl!comr frequent. low ~ghting situations ate conili.nt with ~·ent type nl!l!ds, and enhanced technolocv from nw.·er umu;is wdl en,ble grutei v!dl!o qu1hty. C'-ib Spat!! Enh1nct menU: Clubsp,ces which 11eed to ~ evaluated but nct limittdlo: 81/V Mt~on fast •nd Wf'ltClub,YahooClub,UnitedClub,f11Club,SO!Club,CltrblCmne1sClub,[ntryG1te1,,ndPerlmeterhnces.

Enh1r,.ceSt1dlumSecurltyAcceuControl
lnstallc1rdruder1onm1nualdoorstolncru1,eaccessco11trolfe1tures1ndsl!CUrity.BastdonoperaUon1ldem1nds,doorsh1\'t been Identified vb 11111 rtquest and tYl!nl activit', In order to lmp1ove oper.ulonal ,wattl\Hi and enh,ncl! the 1ccess conuol ;ibHrtles byiulom1llng lhedooi"i. Thiialso lnuuses senuity to •re•s deemedbyst•lfto hold sensitive or high v.ilue .issels. Access Con1 rol e"h1ncemtnts: VtrtY/M11cu,yupgrade, EvoUOO/ Mercury ul)irade, 1nd V1rious door, wit h ,cceu tol\lrol netd,.

SoftwueUpgradetoGenetecS.&
U~rade to GeneteG ne-Ntst flrmw•re Vl!i"ilon 5.S. Thi5 would impt'O\'I! overall S)'ltem pe1form1nce ,nd ,tabd.ty, and addi new futures 1hal wra help In oper•tor training •nd ulillullon of so~ware. cunomiub!, 5\'I! dnhbo1rd1 assist In monitoring alarms .ind evenUinru~tlme.

CCP/P pPpTPh,t
PurEh.Uef:i e !§j adddMM--il,s.-t+-HMlnueU 'l'IUIIIHBest P 1El 0 le!ig ldd e!i 11 1 El ! I g,ia 11 glm I !!Ide 1u~·u.., ~Ulp IA I ~~hl@AIE11tm111vr1g,
VldtoAn1lyOu
Add v!dto ,n1lvtlu to u,~t whh v!dto lnYl!illcl\lons. Vidto lm'f'ltlgatlons take seveul hours/d.1)'110 tomplete using tr,dillon1I pl1yt,u.lc met hods. Add!ng vkleo anai'/tla w~l 11111ty d1c1use m,n,hours sptnt In video rev'.ew process, ii well H ild In lnvestlg1tlon1usln1newu1tchnolocv.

P1rkinglo!C1meraUpgr1dl!I
Repl,ce Grut Am11ka P11Ung lot umun with technologluli'/ adv1nced multl kns p1nor1mk:/l60/multl-dlrl!Ctlon11 umern. llew umer• technolocv would ptovld1 bl!1111 owrd cov111g, of the mair1 p.1r~ln1 lo1. S11n b1led cameras wlth n,ed angles hive ue1ted g1ps In co\•l!fage. Wilh more vldto Incident request coming fromlng,ess/eg,ess lnddenu, newtechnolocvwould uslst In thl:'.le ln\fltlg11lon1,. ln1td umuu In Gold lot •/5 where there Is \'l!I)' lmil,d cover,ge.

Bowt C1mu1 upgrade/r1fu1bl1h
Repla<e bowl umtru. 511-'l!ril bowl umeru h1v1 become sun biked •nd prov'.de poo1/obscured co\'l!rlgl! or bowl il!ltlng.

M1 lntenance has become 1n hsue as it uhs I lot of time ind money to sel up scaffolding 10 ieuh umara bo~es. t11Nf to 11!- tnclntfl houslr11 (suuut 1tlou11n1 housln1 closer to sudlum lnfrastrutlulf) lH,107 lH,107
52,500 52,500
157,500 157,500 2-4 .630
315,000 315,000 35,000
21),500 11),500 12-4,571
57,750 57,750
162,500 261,500
]10,000 210,000 111,000
105,000 105,000 n.961
52,500 Sl,500 ~0.070
H6,500 3~6.500
H6,750 246,7SO
16,750 )6,750
H6,750 209,702
36,750
"2,000 '1,000
Ul,750
St.tu1 / comment,
IH,J07 P10/ectcompleudln
FY.l02J/22underaltunate
muns-Project budget
HYin11of$12-4,107.
46,0 19 CarryovertofY.lOU/23
132,!70 CuryowrtofY.lOU/11
2ao,ooo Cm)'OvtrtoFY202l/1l
155,927 CarryovtrtoFY20H/n
57,750 Projectcompletedundt1
alternat e muns - Pro/ect
bud&et savln1,of $S7,750
261,500 Projectcomplel edln
mo21n2under,1t,,n1te
mrans-P10/ectbud&fl
uvlr1gso!S2n,soo.
n.ooo Project projected to bl
complttedlnfY2 1/2l •
Projecttdptojectbud&et
n,ingsof$2lk
91,037 C•rrvowrtoFY20U/23
11,00 P,ojtd comp~Ud In
FY20lt/22.P10Jectbudget
11V.npof$12,4)0.
)46,500 Carryo\"er loFY202l/B
H6,750 CarryovertoFY2021/2l
36,750 C1rryovertofY.l021/2l
Project completed In
17,048 FY2021/22. Projectbudgel
Uvinpof$37,0U.
l6,7SO C1rryovt1loFY.I02l/1l
42,000 carryovertomonnl
141,750 CarryovertofY.1022/13
1/ll/1012
1021 STADIUM AUTHORITY CAPITAL EXPWDIT\JRlS • PROJECTED ACTUALS {CONF IDWTIAL) Item R~uestN Ufe Cyde
Stturlty
s,curl ty
Site
Site
Sit,
Sit,
Slt,
Oturlptlori
LkeniePl1teReader1tVehkleEnt,yG1te1
Adds~l6) tPR umer,s on ,nu y/,·•it l,nes ol ,llwhicle c,tes{Post t,l, ,nd ll to docum,nt ,nd tr,<kvehiclts ,nttrlriC ,nd,~itlnc thtst,dium.
hi l'il ; X AI ; ( AAI I
.......,.,
UPDATE; PR.OJEITCOMPI ITTO
lnUil!I St,d[um C..mtrl Booth I Clrd Rudtrs
lnsuU urd ruder for llorth ,nd South umtril booths to I KU re the sp,ces !hill tntu into/horn 1entrill pubS< il<CHI ueH.

SN:Urlty Fendnc•Mllri l ot
RemO\'e' ,nd replace ,pprollm1tely 1,000 llnur fett of• foot hi&h sKUrity fencing lri M,Jn l ot Pf' reqvHt of C.ty.

UPDATE: PROJCCT ts JJK I UDED IN PERMfT DE.SIGN PACK.A.GE THAT ts CURRH/11.Y UNO ER REVIEW AT THC arr OF S.MITA CLARA BUILOING OlPARTME/\lf.

Slltlon1,y £1«trkPre1 1ureW11h trs
lnsull one {I! 10 two (2) d1mo sutlons on 1he 300 concOYrH. If thtu ilff elfectl\·t, w1 would look to H!pl1u ,111u-pow11ed pressure wnhtrs with ,1«11lully powt1~ ont1.

Asphalt
Sku1yco1t • vilitcr p1rkin1 on T111nan, Gold.( & 5 p,rkln& lets 1nd South Access Ro1d. ln11•IIMt' i.-1 IJIIIMiAl~I 400/500 MIi i 1llle•b1 ·•~eJQQ le el Q ICM•II 5 IJIIIMilhlllntll . ,. HI~~ helps 11tt.lu11 nll I tlle•lltnlhl t-• l lhlU U u• llpalu l1 1UnlU1 1A11lhlll1n1nM UPDATE: PftOJCCT PftOJECTCD TO 1£ COMPLETED
efWl/1n~1111llw l.-t!lilllt ~- 1i1l111fl 11 I 1',i§lithlln1Wl'p,1 n11ri1 , U lfll1n1h,u111· ~,, nn 1l1nllp I IH I I,, U!llil . ti °O ~I 111f11l1 101 U
Sl1dlum Ewnt Powe r UP1r1dt1 ,l Swlt<hgnr El tdtlc.ill
lnll,11 ind tnh1n<1St,d,um [vent wlrlogsflvlceon the tlKV PMSG (prim1,y1wotch 1nrjto main tltct ric,I p1ntl VtrdulT~n1port 10 Eltv,lor Door Rtplilctmtnl
R"l)l1ce ind Instil new e leon1or doors on one of the fl tight t!ev,tors In t he st,dllm.

H,1SO
157,500
88,100
157.SOO
7&,750
199,500
157.SOO
51,500

9.(,500
21,000
0,150
157,SOO 99,SOl
H,100
157,SOO
7&,750 27,212
199,500 10,000
360,000 517,500 .(65,520
51,500 51.SOO
94,500 17,1]]
44,150 7,77&
21,000
Status/Comment,
.t7,lSO C.arr)"O\'tr lofY1021/2l
Proj«tcomplttedlri
57,997 FY1021/21 . Projectbudg, t
uvingsor$S7,997 .

BB,200 C..rryovertofY10ll/23
157.SOO c,,ryovertofY10l2/2l
51,5]& Cmyowrtomon/n
179,500 Ci11ryover toM.Ol7/23

51.910 PrcjutproJ1cttd tobe
tompletedln fY1021/22 ·
Projlcttdp10/tctbudgtt
11vings of $51.9&D
J>10Jtctpro/ecttdlobe
complettdlr1M021/22
77,177 Projtctp10Jt<1td 1obe
comp!etedlnm021/22 ·
Pro/ecttdprojectbudget
uvingsofS77,277
37,072 C1rryovertoFY1022/23
21,000 C,nyover to fY102l/23
Tot.I $ 7,9SS,7S1 $ 610,000 l.565,7S1 $ 1,0ll,llS $ 6,526,911 Public Sa/ tty Capito/ £¥pendituru
lltm Rt-quested Ult Cycle Description
PubllcS1fety
Pub!kSafety
PubtrcS1fety
PublkS1ftty
PubllcS1fety
P\lblttSlftty
10 MOTrantr
The fire deputment tunt11tly h,s equipment to t1 ut 15 ~tients durin,1 .1 l.rr1e-sule emergency. lht PACI T11 lle1 would dow the first rtspondtrs to tre,t between S00-1000 peopledurlns ii l1r1,e-sc,1temtr1,encyby d owlng quick ,ccen to on-boilrd equipment udwppli@'S.
l ·WI Y CAD/24•7 Link
Al sudium personnel oper,tt on the 24/7 dl!pitch system. SCPO •nd scro oper•te on the CAO system. When publ!c urety pencnnel ilff stnt on uCs, !he cd roost be 1entrilttd byh1nd in both systems. This uusu tJ"tr• v.-ork for dllp1\chtrs, however, more import•nt~ thil cre,tes del1ys In reporting ind rupo,ues to public u fety i11cidents. A. 2-w,y link would ,!low both syslems to ·t,lk" lo uc.h other ind ilutom•llully crt1tt locldents in t•ch other's system. Addat lcn•1~, without this link, we unnot log officers on whic h crutes •n office, slfety llsut u well ill in Issue when It comes lo m,n11tment of ptrsonnel.

Dtsp, tch Mon/tors
Our publk ufety dilp1ldlt1s ultlile St\-er.11 scretni •t their work st,t lcn.s i-1 01der to hcil1,te their dut ies. Tht nl'(tUillVUptr,dlng o f our Ill est pubEcsdtty communlc illlons centtr's CAO ,nd ,uod1ttd softwilrt wiN requift ,dditlonill screen illfil to t!ftctivtly m1n1g, the new Slformill lon. These 16 replil<emtnt 2r llflff monitors ,re nefftd to optlmbe I he use ilnd In tended ilpplluillol'I of the Ill est pub:ic ufety dilp11chln1 softw,re. Tht l1rger icreens ,re requirtd to \Mw the 1dditlon,I windows from the CAD system ind are upe<ttd to lut S ye1rs. Tht prior monitors were purchuN 6 ye,rs 1go ,nd llt 19" monilc,s. Tht cost Ind.rd ts estlm1ttd lnsl111ltlonforlv.-01Ut111on5.
(),11 r,dlo equipment II aitlu l 1nd, th11efo1t, thel1 servkt1blhymusl be m,lnt1lntd. £uh new r1d:o w~l 11qvlr11 thu1ln1 port. lh ts• th1te chu1!n1 st,tlcns uch h1\-e 1 6-r,dlc c1p1<ity1ndthrte ille needtdto m1!nuln r1d!os ,t their puk powtr ind uub!loly. thv!n1 these three ch,rgln1 sutlcns w!I tnsure 111 r.1dka il rt rudy for uie by pJblk uftty wilhout the risk of pe rso nn~ !nln1 wil hout th is m1cbl equipment In I function ii slilte.

R1dlo1
rlew 1i1dlo1 ilfl re,qul,ed for equipping ,dd.tlon1I st•lf In our public ufety deploymenl . Personnel wJI co11tlnue to u1, these 1pl'(iflc ,1dlos for vuled pubfcuf1tyresponilbll~lu. lheseudlcs •llow ro, communlutlon to the comm,nd po1t ind between publk ufetv putn,rs woilln1 our r.•,nll. Without tht1t critk1I radios personnel would nol be 1ble to function in thtlr opacity ilnd ilS eJpecttd lo p1ov\de publk uftlysen,kes lncludinc tmt11ency rHponse. There ii ii \'till~ opeulln,1 co,t; re,que1tlng q1.1011. 20 Ptdt1lrbnS1fety f tndn1
R11bff ftndng Is , equut td for lnsuhtlon on Tilsm,n Dri-.'f from Clnttnnl111 Boultvilrd to C•lled Otl Sol. This Is ilppro\lmilttly0.4 milts ,nd would be on the VTA/l\lhl Rd tr,cl.$, This ftntlri& Is required to gu,r11ntee !ht nf,ty of p111ons ilS pede11,bns on Tnm,n o,tve. Currently, l)flleslrllns re1utuly fump tempo11,y consuuctlon bmie1s ind c,on eutbound Ti1m•n Dllw 1nd c,ou liYt/iltti>.'f VTA ll&ht rd 111cU. In i1dd11lon, du1ln1 t\'lnll !ht 1r,ffk flow is 1evtrstd ,nd pedestrU1u w!W not ewpect urs comln& flom lh1t di1ectlon. This poses a dur d1n,1tr forptdHt1l1ns 1ndmoblle pe"onntl II not i1lw11ys 1v11Ubleto pre11tnl this 1e1ullr 111,mpt by ptdtmhns. R•istd ftndn1 wll 1u1r•nttt this d11n1ercus ,_uilllon sto~. Tht cost ii 1n estlnute bntd on the fendn,1 onTum1np,0Jtct.
fY1 1 Budget FY2 1 Budgtt m t .A.mended ffi l J>rtiJected V1rli1nct Amtnd~nts Budget Actuals Sli1 lu1 /Comments
126,000 126,000 116,000 c,iryovu to fY10l2/23
86,100 !6,100 86,100 C11ryo~rtofY102 2/2l
...... B,«10 Cmyov11tofV1012/2l
3,150 3,150 3,150 Cmyover to M022/2l
81,950 U,950 81,950 Ci11ryovertofY2021/2l
105,000 IOS,000 105,000 CilrJ','OVtf lof'YlOJl/23
111,non
l
DAArT
2021 STADIUM AUTltORITY CAPITAl fXPUlDfTlJltU • PROJfc;ffD ACTUALS (COf4FIOltlT1Al) lttmRequtsted UltCy.:le FYllBud&tt fYllBud,et FY11Amtnded FY21Prof«ted V1rfanct ArnendmenU 13ud&tl Actu1I, St1tus / Commenu
Publk S1fety
Publlc:Safety
Publk Slffty
PublkS1fety
PubllcS1fety
GPSSohwlreforT~kln&Ptnonnel
lil.-e 1uc•in1 of law tnforctmenl penonntl Is critiul in prov'.din& i n .1ecur.11e pldure of pub!ic ufety cover.11t-. Thi!. !Khnolo&Y ind softwart- w,I dow the Comm,nd Post to ~now whl'fe our perwnntl , rt- at 11 tSllt'I and m11!.t- ntcnury 1nJ1nment .1djus1mtnl'i on the 10. It Is desired th.II the softWilt also be upable of 1tta!ning data for hlstorkal 1n1lysls. The ask of $15,000 is the Initial purchase pric:f for 1ppro•im1tfly 100 devlce:s and the soltwa1f. There II, a monthly optrallng cou of $JO/month euh; $36,000 toul 1nnu1tly.

Pot '111 LI I fl N1t1 lhrlh ,tPRGun H
s SbffSchedullngSoftw,rtThe Stadium rfqll!ftsSpKlalEwnt Olficfn (SEOs) to operilt-ufe!\'. llotjfying and communk1ting with our SEOS Is crit ic.ii in propl'fly phnnln& our sulfirig ntt<K. We C\lfftnlly use ari out of date ~-ersion of "G1me Day Sufflng•. This Is a FYJ019/20 u rryowr. lO Fenclngo11Tasma11&Ufay,etttFencinc to prevent sladium "'1tnl pedestrian traffic from croiling unufely betwu11 Llfayette SI. and lht T1.1man St. ow rcroilil'I&, 10 Permanent Oian1e1b1e Sltell Sl1na1e for P\lblk Safety & Trafllc Control Worl!ng with !he Dept. of P\ibllc w o,u, 1he City U1n1gl'f'i office i nd the Chit I of Police's of flea 10 Identify 1pp1opr111e localfonl on surroundln1 cityslrtt!S (GAP, Ta1m1n, elc.) lo pl1cesli,,11e to beuupro!Kt, ll'lfo1m and 5ffVI! patronsvlsitlng l f'Yl'5 Sud,um, non• event d~ uafflc, community event o1dvlsortes o1nd emt11encv pubEc u fetv and 111fflc atMsorlH. 16,lSO
163,000
17,063

73.SOO
1,0S0,000
1,7 ,u
Tota1M1 8 cet U,101.11S
26,lSO
168,000
17,063
7J,SOO
1,050,000
7 ...
1510.000 11,711,615
26,250 Cwyover to mon/H
163,000 Projectcancellf.d perthe
SCSA
17,063 Carryover to FYl012/23
7J,SOO C.arryowrtom.021/23
l ,OSO,<XXl Ca,ryover to rYJ021/2l
J,7 -41J
J,192.065 11,310.SSO
J/3 1/2011
Attachment 2
Stadium Manager’s Emails on
2022/05/12 & 2022/05/13
1 Larry Lo
From: Brent Ghan <[email protected]>
Sent: Friday, May 13, 2022 11:04 AM
To: Larry Lo
Cc: Linh Lam; Darren Wong
Subject: RE: CapEx Payment Request
Hi Larry,
As you likely identified from the invoice, the progress bill is through 4/30/22, so there was work that carried over into April. You are correct that this was projected to be completed during the budget process. The submission, however, also contains the language “Assumes that if any projected FY21 expenses are not incurred or paid out by 3/31/22, they will be carried forward into the FY22 budget,” for which this project would fall under as it was in progress as of the end of March, but not substantially completed until April. The $17,223 for the project was approved by the board in January and included in the FY21 Projected Actuals amount. The contract was executed with the vendor shortly thereafter, but it did take some time to schedule the actual work on the stadium, so it was completed later than originally anticipated while preparing the budget submission. Is this sufficient to release the payment? Please let me know if you need any more information.

Thank you,

BRENT GHAN
Manager, Accounting
Forty Niners Stadium Management Company
T 408.313.5336
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
From: Larry Lo <[email protected]>
Sent: Thursday, May 12, 2022 10:02 AM
To: Brent Ghan <[email protected]>; Linh Lam <[email protected]> Cc: Darren Wong <[email protected]>
Subject: RE: CapEx Payment Request
Hi Brent,
Good morning, and thank you for the information provided. This project was projected to complete in FY21/22 during our budget process, and it appears that a budget amendment is needed for FY22/23. Can you please confirm if the work was performed before 03/31/2022?
2 Sincerely,
Larry Lo | Accounting Division Manager
D: 408.615.2343 | www.santaclaraca.gov
From: Brent Ghan <[email protected]>
Sent: Thursday, May 12, 2022 9:01 AM
To: Linh Lam <[email protected]>; Larry Lo <[email protected]> Cc: Darren Wong <[email protected]>
Subject: CapEx Payment Request
Good morning Linh and Larry,
Please see attached invoice package for payment to R. Brothers Painting Inc. This bill is currently unpaid and we are requesting SCSA pay the vendor directly. Please note the current amount due does not include a the retainage amount of 5%, the contractor was back on‐site this week to review the work and we expect them to release the invoice for the final amount in the next couple weeks. We will let you know when this is available.

This project is titled “Rust Prevention Mitigation (2019/20 Carryover)” in the FY21/22 approved CapEx budget.

Please review and let me know if you have any questions before remitting payment.

Thank you,

BRENT GHAN
Manager, Accounting
Forty Niners Stadium Management Company
T 408.313.5336
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
Attachment 3
Stadium Manager’s Email on
2022/05/19
1 Larry Lo
From: Brent Ghan <[email protected]>
Sent: Thursday, May 19, 2022 4:48 PM
To: Larry Lo; Linh Lam
Cc: Darren Wong
Subject: RE: CapEx Payment Request
Hi Larry,
Thank you for the status update on payment of the invoice from R. Brother’s Painting, Inc. for work performed on the Rust Protection Mitigation Project Bent Steel at Stadium Perimeter – Level 300 I spoke with our team and there are some other projects in similar situations as this one, which were budgeted and approved by the board, but in progress as of 3/31/22 and not carried over into the FY22/23 CapEx budget. If you would like to include these projects in the budget amendment, it may be more efficient as these projects completed and invoices are billed.

Here are those projects:

Supplier/Contractor Commodity/Services SCSA Board
Meeting Date
MGS DBA Mission Glass
Supply
Window Tinting C
Post 10/19/2021
R.E. Cuddie Co. Resilient Flooring   10/19/2021
Bartley Pump PM, LLC Lift Station 1/11/2022
Ample Electrical Inc.

Electric Rooms Light
Fixtures 1/11/2022
Bear Electrical Solutions, Inc
Luminaire Project
Gold 4/5 1/11/2022
R. Brothers Painting Inc.

Rust Prevention
Mitigation 1/11/2022
On a related note, because of delays in payment on previous CapEx projects that underwent prevailing wage review by the Authority’s labor compliance consultant – CCMI, we wish to ensure you are aware of California prompt payment requirements under Public Contract Code sections 7107 and 20104.50, which require payment on progress payment requests and final payment requests within 30 days and 60 days from receipt of an invoice, respectively.  If there is a reasonable justification for withholding amounts invoiced, only the disputed amounts may be withheld from the contractor, and any undisputed amounts must be paid within the above timelines to avoid statutory interest penalties at the interest rates established under Public Contract Code 7107 (for late final payment – presently 2% per month) and Code of Civil Procedure section 685.010 (for late progress payments – presently 10% per annum).

Our prior experience associated with the Authority’s prevailing wage review has been the Authority withholding the entire payment (final or progress) until the review is concluded.  This has at times meant contractors on SCSA CapEx projects are not paid anything for completed projects for several months notwithstanding their successful performance of all work on the project.  We do not believe this practice is consistent with state prevailing wage law or California prompt payment requirements.  We note state prevailing wage law carries specific statutory penalties for non‐ compliance and would urge the Stadium Authority to only withhold payment in amounts authorized by statute and to 2 otherwise make payment of undisputed amounts within the prompt payment timelines established in the statutes noted above.

Please let me know if you have any questions.

Thank you,

BRENT GHAN
Manager, Accounting
Forty Niners Stadium Management Company
T 408.313.5336
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054
––––––––––––––––––––––––
#FTTB
49ers.com
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-736 Agenda Date: 6/7/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from Stadium Manager to Execute Amendment No. 1 to the Agreement with Cupertino Electric, Inc. for the Primary Main Switch Gear Transformer Battery and 12KV Circuit Breakers CapEx Project and 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations CapEx Project

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

DISCUSSION
On May 17, 2022, the Stadium Manager submitted the attached Recommendation to Amend Levi’s Stadium On-Call Electrical Maintenance and Repair Contract with Cupertino Electric, Inc. (Recommendation Memo), along with supporting documentation, to request approval to execute an Amendment No.1 to an existing three-year Levi’s Stadium Electrical Maintenance and Repair Agreement with Cupertino Electric, Inc. to increase the not to exceed amount from $250,000 to $764,298 for the second year of the contract term; and to authorize the Stadium Manager to execute change orders up to $48,489 for the following CapEx Projects:

1. Primary Main Switch Gear Transformer, Battery and 12KV Main Circuit Breakers CapEx Project - The proposed cost for this project based on a time and materials basis, inclusive of the applicable bond, is $193,583. The Stadium Manager is requesting for additional authority to execute change orders up to $16,417 (8.5%) of the proposed cost, for a total not to exceed amount of $210,000. The Stadium Authority FY 2022/23 CapEx Budget includes $210,000 for this project.

2. 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations CapEx Project - The proposed cost for this project based on a time and material basis, inclusive of the applicable bond, is $320,715. The Stadium Manager is requesting for additional authority to execute change orders up to $32,072 (10%) of the proposed cost, for a total not to exceed amount of $352,787. The Stadium Authority FY 2022/23 CapEx Budget includes $420,000 for this project.

The Stadium Manager’s Recommendation Memo and supporting documentation (Attachments 2, 6, 7, and 8) describe the projects and the process for determining the scope of work in more detail. After reviewing the documents, staff sent questions for further clarification, which the Stadium Manager responded to (Attachment 3).

City of Santa Clara Page 1 of 2 Printed on 6/3/2022
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22-736 Agenda Date: 6/7/2022

ATTACHMENTS

1. Stadium Authority FY 2022/23 CapEx Budget

2. Stadium Manager’s Recommendation Memo

3. Stadium Manager’s Responses

4. Original Agreement with Cupertino Electric, Inc.

5. Amendment No. 1 to Agreement with Cupertino Electric, Inc.

6. ME Engineers’ Recommendation Memo

7. Cupertino Electric, Inc. Proposal for the Primary Main Switch Gear Transformer Battery and 12KV Circuit Breakers CapEx Project

8. Cupertino Electric, Inc. Proposal for the 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations CapEx Project City of Santa Clara Page 2 of 2 Printed on 6/3/2022
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31 The Capital Expense (CapEx) Budget is used to fund the purchase or upgrade of fixed assets for the Stadium. While the funding for appropriations occur on an annual basis, the Capital Expense Plan extends for a five-year period (shown on Page 43 of this report). Changes to existing projects, as well as the addition of new projects, may occur during the five-year planning period as new needs are identified. The appropriations for capital projects do not lapse at year-end but carryover into future years until the project is complete.

The FY 2022/23 CapEx Budget totals $22.0 million. Of this total, $12.3 million of prior year appropriations are projected to be carried over from FY 2021/22 ($1.5 million of the projected carryover amount is for warranty-related construction, and the other $10.8 million is for prior year CapEx projects). New capital improvement appropriations equal $9.7 million.

A detailed listing of adopted FY 2022/23 projects is provided starting on Page 33 of this report.

Stadium Authority is submitting it as transmitted by the Stadium Manager.

STADIUM AUTHORITY CAPITAL EXPENSE BUDGET
32 STADIUM AUTHORITY CAPITAL EXPENSE BUDGET (CONT ’ D ) Santa Clara Stadium Authority
Capital Expense Budget Summary
2020/21 2020/21 2021/22 2021 /22 2022/23 2022/23 2022/23 Total
Final Year-end Adopted Projected Projected Proposed Adopted Budget Actuals Budget Actuals Carryover Budget Budget
Beginning Balances $ 17,837,300 $ 17,010,611 $ 19,438,420 $ 20,805,741 $ 22,103,296 $ 22,103,296 Resources
Transfers In from Operating 3,582,000 4,741.431 3,690,000 3,689,622 3,800,310 3,800,310 Transfers In from Stadium Manager <•>
Total Resources $ 21 ,419,300 $ 21 ,752,042 $ 23,128,420 $ 24,495,363 $ 22,103,296 $ 3,800,310 $ 25,903,606 2020/21 2020/21 2021/22 2021/22 2022/23 2022/23 2022/23 Total
Final Year-end Adopted Projected Projected Proposed Adopted Budget Actuats<2> Budget Actuals Carryover(ll Budget Budget Expenses
Construction 4,725,327 235,542 6,743,911 1,666,921 5,017,189 7,682,000 12,699,189 Equipment 6,460,557 710,759 5,734,770 725,146 5,286,252 1,269.426 6,555,678 Contingency 559,296 623,935 515,172 447,571 962,743
Stadium Warranty Related Construction 1,528,202 1,528,202 1,528,202 1,528,202 Total Expenses $ 13,273,382 $ 946,301 $ 14,630,818 $ 2,392,067 $ 12,346,815 $ 9,398,997 $ 21 ,745,812 Capital Expense Reserve $ 8,145,918 $ 20,805,741 $ 8,497,602 $ 22,103,296 $ 9,756,481 $ 4,157,794 <•> Reimbursement fro m Stadium Manager
(2) Actuals exclude some project payments withheld due to the ManagementCo not following State procurement and prevailing wage laws. 33 Item Type
Electrical
Electrical
General Building
General Building
General Building
General Building
Santa Clara Stadium Authority
2022/23 CapEx Budget
SC SA Description
R,equested
Distribution - High Voltage (Primary Main Switch Gear Transformer, $ Battery & 12KV Main Circuit Breakers)
The project replaces a bad Control Power Transformer (CPT) on the Primary Main Switch Gear (PMSG) The faulty CPT was identified during preventative maintenance, inspection and testing of the PMSG earlier this year. The project will replace 1he current CPT, CPT drawer and CPT drawer rails with new like-in-kind equipment. Additionally , the switch gear inspection and testing identified that the PMSG, Primary Switch Gear A (PSGA)and Primary Switch Gear B (PSGB) are in need of replacement This project will replace the current batteries with new like-in-kind batteries, which were original from the time of construction. Finally, the electrical testing company and contractor recommended purchasing two custom 12KV main circuit breakers which will be maintained as spare stock and can be used in either the PMSG, PSGA or PSGB in the event of a future breaker failure. The lead time for the 12KV breakers can be as long as 12-16 weeks. Purchasing these spare 12KV breakers as spare stock ensures that the stadium can quickly recover in the event of a breaker failure to PMSG equipment, which is critical to the operation of the stadium.

Distribution - High Voltage (12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations)
The project will test, inspect and assess primary electrical 12KV switchgear equipment located in, or associated with, the four stadium quadrant electrical substations. The assessment will provide a report and recommendation for necessary replacement and modifications necessary to maintain full and safe electrical operation at the stadium. The project includes an allowance for any necessary replacements and / or enhancements identified during the assessment. Replacements and / or modifications are dependent upon the results of the assessment Additionally, the project will establish a baseline for this electrical equipment and may determine the need and frequency of future test and inspection of electrical equipment
Levi's Naming Rights Signage Refurbishment
The project refurbishes the current four (4) Levi's Naming Rights signs located above the North and South Scoreboards, west side of the suite tower, and on the east side of the grandstands. The current signs continue to experience lighting failures despite repeated attempts to repair the signs.

Levi's Naming Rights Existing Signage Lighting and Driver Repair The project repairs lights and drivers in the current four (4) Levi's Naming Rights signs localed above the North and South Scoreboards, west side of the suite tower, and on the east side of the grandstands The current signs continue to experience lighting failures, despite the emergency repair in 2021. The project will repair LED lights and drivers for all four (4) signs The project will provide a temporary solution for the signs New Seating - Bowt Padded Seat Replacement Project - Lower and Mid Level Club Seating Bowl
The approximately 9,500 existing padded seats in the lower seating bowl and middle seating bowl levels will be replacement in this project. The existing padded seats are original from construction and have reached end of life. The upholstery material on nearly every seat has faded, torn or cracked due to sun and heat exposure. Minor repairs and spot replacements can no longer keep up with the amount of damaged seats found in these locations. This project will also evaluate the opportunity to replace the existing padded seats with a different breathable elastomeric mesh sealing project, which may provide a cooler experience on hot days This project is necessary to provide the expected level of experience to patrons attending Levi's Stadium.

Aesthetic Improvements - Premium Areas / Special Event Spaces This project will renovate and refresh the premium club spaces in the stadium by replacing carpet and paint in the BNY Clubs, Fii Club, United Club, Yahoo Club and special event spaces. These club spaces are used for numerous events throughout the year. The high traffic experienced in these spaces have worn on finishes and caused the carpet to near the end of life. This project will enhance these premium spaces and ensure Levi's Stadium remains an attractive destination for any and all events.

Cost Contingency Total Cost
(5%)
200,000 $ 10,000 $ 210,000
400,000 20,000 420,000
1,200,000 60,000 1,260,000
400,000 20,000 420,000
3,370,000 168,500 3,538,500
1,000,000 50,000 1,050,000
34 Item Type
General Building
General Building
Security
Security
Security
Site
Site
Santa Clara Stadium Authority
2022/23 CapEx Budget {Cont.)
SC SA Description
R,equested
Overhead Doors, Motors, Sensors and Track Replacements
This project will furnish and install a replacement gate and necessary ancillary equipment at the 200 Level of the exterior ramp location at the south end of the stadium. The· original overhead roll gate is damaged and is unable to be repaired. The original gate was installed as part of the stadium construction to assist in the flow of pedestrian traffic at the ramp location. Stadium Operations staff have used operational procedures to substitute for the non-functional gate. However, replacing the gate will restore the original operational intent of the gate at the ramp Miscellaneous
Renewal and replacement of general building items to include, but not limited to, architectural finishes, fixtures, coatings, equipment, etc.

Security Control Situation Room Enhancements
This Project purchases equipment and technology necessary to utilize the Security 24/7 Control Situation Room as a Secondary Command Post Location in the event of an emergency situation. Multifunctional use of the space will utilize the equipment to hold daily security briefings, daily security officer administrative duties, ongoing security officer training, and can readily be converted into an Auxiliary Command Post Situation Room, on an as needed basis. New equipment and technology enhancements for this room will include new monitors, wor1<spaces, radios, and video wall Enhancing this room provides Security a multifunctional space that can be used both during daily operations, as well as in an emergency situation. This technology aids in our compliance with the Department of Homeland Security Safety Act requirements.

Security - Electrical / Data Distribution Expansion - Security Screening Locations
Department of Homeland Security requires exterior screening of all patrons entering the facility. This scope of work will add electrical and data distribution to exterior screening locations. The new electrical and data allows stadium security staff to utilize critical security screening technology and avoids the use of temporary extension cords, which are prohibited in a permanent location by building and fire code. Specifically, this project adds new electrical and data to the exterior portion of the stadium on level 100 in Quadrant D. This project aids in compliance with OHS Safety Act requirements.

North East Lobby Security Desk Enhancements
The scope of this project will enhance security in the east stadium lobby on major non-event days and for private events. This security checkpoint will screen everything entering the stadium at this location. These enhancements will add electrical and data connections necessary to support security screening equipment at the point of entry, which doesn't currently exist at this location today. The new electrical infrastructure allows Security to position security desk and equipment closer to entrance. This project is necessary to maintain compliance with Department of Homeland Security Safety Act requirements.

Concrete Replacements
The Project will address the concrete at the Northwest stairwell landing on the 700 Level North Plaza area. The railing at the stairwell has been compromised in the past. This project will restore the handrail and concrete at the stairwell, as well as improve the condition by strengthening the reinforcing at the stairwell railing. The project will require demolition of the existing concrete, potentially patch the waterproofing layer of the structural slab, add reinforcing steel, pour concrete, apply lymtal coting and re-install the existing handrail at the stairwell. The improved and additionally reinforced slab will improve safety and prevent future damage from carts and other equipment that are used in the nearby area LED Retrofit Project - Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles
This project is phase 2 of the exterior lighting replacement in Gold Lot 4 and Gold Lot 5 par1<ing lot are·as. This project replaces the existing HID lighting with new LED lighting to enhance and improve the exterior lighting during stadium event load in and load out. This lighting improves safety conditions for stadium personnel and provides energy cost savings with more efficient fixtures. ProIect replaces exterior HID lighting that is near or has reached end of life and replaces the lighting with new energy efficient LED lighting. Project lighting includes light poles located in Gold Lot 4, Gold Lot 5, Bill Walsh Way and other exterior locations around the stadium.

Cost
100,000
100,000
62,000
50,000
30,000
150,000
200,000
Contingency
(5%)
5,000
5,000
3,100
2,500
1,500
7,500
10,000
Total Cost
105,000
105,000
65,100
52,500
31,500
157,500
210,000
35 Item Type SCSA
Requested
Description Cost Contingency
(5%)
Total Cost
Site Perimeter Enhancements 15,000 300,000 315,000
Project will evaluate, design, furnish, deliver and install bollards, barriers and/or vehicle deterrent devices where necessary along the perimeter of the site in order to comply with the Department of Homeland Security Safety Act Best Practices.

Site Private Lactation Spaces 6,000 120,000 126,000
The project will provide new lactation spaces for guests at the stadium. The project will fund the purchase, delivery and installation of private lactation pods to be used by guests pump or breastfeed milk in private. The private lactation space(s) will include a secure door, seating, lighting, counter, mirror, coat hook and electrical outlets. While these spaces are not required at stadium yet, they are required at other major assembly areas in the State of California, such as airports, colleges, county jails, community colleges, and state colleges. Providing these spaces allow breastfeeding guests a private location to express milk and still attend and enjoy events at the stadium.

Subtotal New CapEx Construction Costs 7,682,000 $ 384,100 $ 8,066,100 $ Life Safety / Fire Smoke Evacuation System - Fire Smoke Curtain Replacement $ 2,500 50,000 $ 52,500 $ This project replaces an existing Elevator C6 Smoke Curtain and miscellaneous life safety / fire equipment which has been identified for replacement during preventative maintenance. The current smoke curtain experienced issued with the control box and fuses. A temporary repair was performed, but a full replacement of the smoke curtain is required. This project will remove the existing curtain and reinstall a new fire and smoke rated curtain.

Public Safety - Fire PPE Replacement (Nomex Tops) 288 5,750 6,038 x Projected replacement/additions of Stadium battle dress uniform tops for the team.

Public Safety - Fire PPE Replacement (Nomex Bottoms) 163 3,260 3,423 x Projected replacement/additions of Stadium battle dress uniform bottoms for the team.

Public Safety - Fire Lifepak CR2 AEDs Replacement 1,000 20,000 21,000 x The current AEDs are at the end of their 7-year service life and are no longer supported.

Public Safety - Fire Rope Rescue Equipment 100 2,000 2,100 x Miscellaneous rope software, hardware, and bags used by the Fire Department Stadium Team. This equipment will be added to the current Rope Rescue cache at the stadium to make it identical to what is carried on Fire Department apparatus.

Public Safety - IT Replacement of end of life Network equipment 5,250 105,000 110,250 x Network equipment was originally installed several years ago and is now end of life and not supported. This replacement costs include, equipment, shipping/tax and installation.

Public Safety - IT Replacement of end of life End User equipment 796 15,916 16,712 x Replace 4 Precision Desktops that are end of life. This also include1 laptop and 2 monitors replacement that are no longer under warranty, in case of failure. Costs include equipment, taxes, shipping, and deployment costs.

Public Safety - Police Communication Equipment - Police Radio Hand Packs 21,875 437,500 459,375 x Replace Motorola police radio hand packs purchased in 2013 that are at the end of the 10-year useful life.

Public Safety - Police Communication Equipment - Console 4,000 80,000 84,000 x Replace MCC7500 Console communication equipment purchased in 2013 that is at the end of the 10-year useful life.

Public Safety - Police Levi’s Stadium Blast Analysis 6,250 125,000 131,250 x Engage a consultant to provide a technical blast analysis of certain areas of the stadium. This analysis would be provided to the Department of Homeland Security and the Safety Act Office.

Public Safety - Police Body Worn Cameras (BWCs) for Special Event Officers (SEO) 4,500 90,000 94,500 x Body worn cameras, worn by police officers, improve police accountability and lower reports of misconduct. Body worn cameras provide visual and audio evidence that can independently verify events. Body worn cameras are issued to all Special Event Officers (SEO’s) working stadium events.

The current agreement expires in September 2022. This estimated yearly cost, subject to change pending final negotiations, would continue the current BWC program.

Public Safety - Police Observation Platforms on SAP Tower 3,750 75,000 78,750 x Design and install a safe and secure platform for Santa Clara Police Department and Public Safety Officers above the roof on the SAP tower / NRG Solar Terrace.

Santa Clara Stadium Authority
2022/23 CapEx Budget (Cont.)
36 Item Type
Security
Security
Santa Clara Stadium Authority
2022/23 CapEx Budget (Cont.)
EM ~~~oo
Requested
Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers This project will purchase five (5) additional units in order to enhance video coverage and audio messaging to remove locations The Mobile CC1V Pop Up Trailers provide fiexibility to our security operation.

Security has the ability to deploy the CCTY units to various locations given current demand. The CCVT units can be used to direct law enforcement to different areas on an as needed basis. They an also be used on both even or non-event days in the occurrence at stadium CC1V camera goes down for maintenance or other video coverage is required. These CC1V Pop Up Trailers will aid in maintaining compliance with the Department of Homeland Security Safety Act requirements
Security 24/7 Gate C Employee Entrance Booth
Purchase and install new pre-manufactured Security Guard Booth at Gate C employee and guest entrance. The new booth will provide cover, power, lighting and storage for the security staff at Gate C. The booth will include a canopy for the Security walk through magnetometer and search table II will be used on both event and non-event day. The security checkpoint is necessary to screen all people entering the stadium grounds. This booth provides necessary operational support to our Security staff performing critical screening operations required by the Department of Homeland Security Safety Act requirements.

Subtotal New CapEx Equipment Costs
Total New CapEx Project Costs
$
$
Cost Contingency Total Cost
(5%)
235,000 11 ,750 246,750
25,000 1,250 26,250
1,269,426 $ 63,472 $ 1,332,898
8,951,426 $ 447,572 $ 9,398,998
37 Item Type
Electrical
Electrical
General Building
General Building
General Building
General Building
General Building
General Building
General Building
General Building
Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover
EM ~~~oo
Requested
Broadcast Booth Power (2019/20 Carryover)
The project shall design supplemental lighting power and controls in the Broadcast Booth (Room 04 50 02) The existing lighting grid in the ceiling has inadequate lighting and are currently controlled with a dimmer switch near the door of the room. The Architect shall evaluate the power needs and provide a solution for better control methods for the broadcast lighting power in the room.

Concessions Cart Cabling for Portable Carts (2019/20 Carryover) Install code rated low voltage cabling (CAT6) to portable concession carts.

This will provide Internet Protocol (IP) based access to the IPlV menu boards and Point of Sale (POS) systems for credit card transactions, as well as deliver an emergency signage to be displayed at the concession stands.

Updated Stadium Wayfinding Signage (2020/21 Carryover)
Design, furnish and install new wayfinding and information signage to include, but not limited to, new premium/club wayfinding, suite wayfinding, smoking section signs, no smoking signs for around the main and upper concourses, section numbers/fioor decals, ADA accessibility signs, Tunnel signs that "no photos/no autographs", etc.

Stadium Event Signage (2019/20 Carryover)
The design, furnish and install of new stadium even signage including, but not limited to, tunnel awnings, accessible seating reference areas, lower bowl sections placards, security, mobile signage, and additional fire and building code signage
Command Post Communication Equipment (2019/20 Carryover) Purchase and install public safety screens, monitors, and projection devices used in monitoring stadium and security operations to help improve situational awareness and response.

Women's Locker Room (2019/20 Carryover)
Convert a portion of the auxiliary locker room area to accommodate a larger private space for female athletes, performers, officials, and other female event day sporting and entertainment professionals visiting or working events at Levi's Stadium. The pro1ect will include the design, permitting and construction of alterations necessary to accommodate these new designated spaces necessary to provide equal
accommodations.

Automatic Logic Control Building Engineering System (2019/20 Carryover)
Install an automatic logic controller system upgrade to monitor the building's HVAC in all quadrants simultaneously. This updated system will enable graphic interface and help the system to operate more efficiently with time clock management and assist in potential lighting control energy savings.

Club Space Flooring (2019/20 Carryover)
Strip, resurface, and/or replace hardwood fiooring surfaces in the BNY East & West and Levi's 501 spaces. These spaces are among the most utilized spaces in the building and get a large amount of foot traffic. This work will help extend the useful life of these spaces as well as reducing sli s and ialls from worn fioors.

General Areas / Coatings Main Deck (2021/22 Carryover)
Replace and recoat lymtal traffic deck coating at the lower seating bowl and on the 300 and 700 Level Concourses, which are currently showing signs of wear The deck coating serves as a secondary waterproofing system for the occupied spaces below these areas and also protects and extends the life of the concrete. Periodic replacement and recoating of this system is necessary to maintain current waterproofing system and maintain the expected life of the structure.

Field Turf Track Replacement (2021/22 Carryover)
The current turf track carpet is worn, buckled and compacted from use over the past five years and has reached its end of life . This project addresses the uneven grade of the current turf track carpet This project will remove the existing track and rebuild it using a compacted stone base and shock layer with new carpet on top. Additionally , the project scope permanently addresses the sun grade issues we experience with our current track by stabilizing the base to support the extreme loads it comes under during concerts and dirt events. Finally , the new turf track will eliminate slipping hazards and improve overall safety and appearance. $
Cost Remaining Total Cost
Contingency
16,190 $ 810 $ 17,000
50,000 2,500 52 ,500
250,000 12,500 262 ,500
138,000 6,900 144,900
58,000 2,900 60,900
353,333 17,667 371,000
27,61 9 1,381 29,000
85,000 4,250 89,250
2,450,000 122,500 2 ,572,500
325,714 16,286 342,000
38 Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover (Cont.)
Item Type SCSA Description Cost Remaining Total Cost
R,equested Contingency
General Building Additional Gate and Fence at Gate D (2016/17 Carryover) 75,000 3,750 78,750 Addition of gate and fence in the Quadrant D to assist in the control of people movement and screening operations. Study will take place to ensure the gate and fence meet all operational and regulatory compliance.

Material will be furnished and installed. ProIectg originally approved in FY 2016/ 17 but was not completed.

General Building Miscellaneous (2016/17 Carryover) 100,000 5,000 105,000 General renewal and replacement of flooring , carpeting, millwork, tiles, masonry, granite counters, stainless steel panels and counters, cladding, wall acoustic panels etc. throughout the building as items reach their end of life. Project originally approved in FY2016/ 17 but was not completed.

Plumbing Plumbing (2020/21 Carryover) 87,61 9 4,381 92,000 Project addesses general renewal and replacement of necessary plumbing equipment in the stadium to include, but not limited to, replacement of Pressure Reducting Valves (PRV) and other parts on domestic and recycled water systems
Security Enhance Stadium Security Coverage (2020/21 Carryover) 330,000 16 ,500 346,500 Evaluate and replace existing cameras with technologically advanced multilens panoramic/360/multi-dire-ctional cameras. Design locations and camera styles have created visual obstructions and gaps in coverage.

Height locations with fixed lens cameras create the inability to adjust field of views Installation of television monitors/signage near camera mounts have created field of view obstructions. Due to high volume of club space usage for large scale, and smaller events, request for video investigations become frequent. Low lighting situations are constant with event type needs, and enhanced technotogy from newer cameras will enable greater video quality. Club Space Enhancements: Club spaces which need to be evaluated include, but are not limited to: BNY Mellon East and West Club, Yahoo Club, United Club, Fil Club, 501 Club, Citrix Owners Club, Entry Gates, and Perimeter fences.

Security Enhance Stadium Security Access Control (2020/21 Carryover) 235,000 11,750 246 ,750 Install card readers on manual doors to increase access control features and security. Based on operational demands, doors have been identified via staff request and event activity in order to improve operational awareness and enhance the access control abilities by automating the doors. This also increases security to areas deemed by staff to hold sensitive or high value assets. The access control enhancements include Verlx/Mercury upgrade, EvoE400/Mercury upgrade, and various doors with access control upgrade or enhancement requirements.

Site Security Fencing - Main Lot (2020/21 Carryover) 150 ,000 7,500 157,500 Remove and replace approximately 1,000 linear feet of 4-foot high security fencing in Main Lot per request of City_ The removal of existing fence and the installation of the new fence is included in a permit package that is currently under review at the City Planning and Building Departments as part of a larger project in the Main Parking Lot Site Stationary Electric Pressure W ashers (2020/21 Carryover) 49,524 2,476 52,000 Install one (1) to two (2) demo stations on the 300 concourse If these are effective, we would look to replace all gas-powered pressure washers with electrically powered ones.

Site Asphalt (2018/19 Carryover) 170 ,952 8,548 179,500 The project will evaluate the current pavement status and provide asphalt overlay and/or seal coat at the visitor parking on Tasman, Gold 4 & 5 parking lots and South Access Road. Design services will be engaged to evaluate the current condition of pavement and recommend the correct application. Proper overlay and crack fill seals the pavement and prevents the infiltration of water which prevents pavemt failure.

Site Stadium Event Power Upgrades & Switchgear Electrical (2019/20 35,238 1,762 37,000 Carryover)
The project will study, design, install and enhance remote visibility to the 12KV PMSG (primary switch gear) to main electrical panel using the Schneider Power Monitoring Expert system. The proIect will establish capability to monitor and report the Switch Gear Event Mode Status through the building Schneider Power Monitoring Expert (PME) sy stem for remote monitoring The plans and specifications required will include any electrical and communication wiring, as well as any controls upgrades necessary to complete the project.

Site Bridge - Pedestrian (2018/19 Carryover) 30,000 1,500 3 1,500 The project will seal walkways and paint bridges to enhance public safety access areas and extended the useful life of the bridges. Project originally approved in FY2018/19 but was not compelted
Subtotal Carryover CapEx Construction Costs $ 5,017,189 $ 250,861 $ 5,268,050 39 Item Type
AudioN isual
AudioN isual
Furniture, Fixtures
& Equipment
Furniture, Fixtures &
Equipment
Food and Beverage
Food and Beverage
Food and Beverage
HVAC/Mechanical
HVAC/Mechanical
Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover (Cont.)
EM ~~~oo Cost Remaining Total Cost
Requested
Radio Booth Cabling (2019/20 Carryover)
The project will install fiber optic cabling to increase the low voltage cabling backbone This installation will accommodate the expanding requests received for booth usage during stadium events and will help the stadium keep up with emerging trends. The project will install fiber optic between multiple booths located on the 800 level suite tower location and lhP. hrnRrlrnsl r Rtc.h rRnP.I (Room 01 fl~ 08) nP.Rr lhP. loRrlino rlor.k on lhP. exterior south end of the stadium. Fiber design shall include TAC-12 and DT-12, or better. Design will consider new fiber termination panels in each booth. Design shall investigate and determine if additional conduit and raceway is necessary during the installation phase
Crestron Control & Building Operating System Upgrades (2019/20 Carryover)
Project shall evaluate and recommend a Crestron Control system upgrade and/or installation options to monitor HVAC, Lighting, Electrical, and Fire Alarms The comprehensive system shall enable all of these items to interface with one another for stadium engineers to see a real time view of the building's systems.

Guest Service Booths (2018/19 Carryover)
Add two additional guest services booths on the main concourse for better enhanced customer service touchpoints. New booths will provide increased operational space for guest service representatives on game day.

Replace Furniture for BNY Field Clubs, United, Levi's 501 & Yahoo clubs and Special Event spaces (2019/20 Carryover)
Purchase replacement furniture for clubs (BNY, United, Levi's 501 and Yahoo) and special event spaces to enhance areas and meet client expectations. These spaces are amongst the most utilized in the entire stadium. The current furniture has been in place since the building opened in 2014 and is aging due to normal wear and tear as a result of numerous events in the stadium over the last eight years.

Beverage Distribution System (2020/21 Carryover)
Equipment to assist with the distribution of beer and sodas throughout the stadium concession areas and bars. This project includes general renewal and replacement of beverage distribution system lines, CO2 and glycol dispensing equipment
CO2 Monitoring & Sensors for Code Compliance (2020/21 Carryover) The project will design and install remote CO2 monitoring equipment utilizing the existing Automatic Logic Controller (ALC) system. The current CO2 monrtoring has a local alarm three stage alarm, but is not connected to any Building Management System for remote monitoring A recent CO2 assessment was performed that found the system the current monitoring system is compliant with all requirements, but the assessment recommended this remote monitoring upgrade as a best practice for safety. This project will evaluate, recommend and design remote CO2 monitoring system CO2 monitoring for enhanced safety for stadium staff per Authorities having Jurisdiction. All Beer Cooler locations and Concession Soda Box Locations shall be monitored by the remote monitoring system.

Main Kitchen Equipment (2016/17 Carryover)
General renewal and replacement of kitchen servce equipment in the Main Kitchen. Project will include any necessary design, permit, purchase and installation of aging kitchen equipment that is near or at the end of life Pro1ect originally approved in FY2016/17 but was not completed Cooling Towers (2020/21 Carryover)
General renewal and replacement of stadium cooling tower internal parts and systems. This includes, but is not limited to, motors, fans, fill, controls, and pipinq which support the mechanical coolinq functions for the HVAC system.

Variable Frequency Drive(s) (2020/21 Carryover)
General renewal and replacement of Variable Frequency Drives (VFD) units for cooling tower, boilers and other mechanical equipment due to life expectancy issues. These system support the mechanical heating and cooling functions for the stadium.
$
Contingency
562,857 $ 28,143 $ 591,000
3,810 191 4,001
70,000 3,500 73,500
1,543,810 77,191 1,621,001
50,000 2,500 52,500
192,381 9,619 202,000
350,000 17,500 367,500
43,810 2,191 46,001
126,667 6,333 133,000
40 Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover (Cont.)
Item Type SCSA Description Cost Remaining Total Cost
Requested Contingency
HVAC/Mechanical Install New Kitchen Exhaust Fans Throughout the Building (2019/20 266,667 13,333 280,000 Carryover)
Install variable frequency drive (VFD) Units on kitchen exhaust fans for soft start (slow ramp up) capabilities. Kitchen exhaust fans currently operate 100 percent of the time Installing VFD units will modulate the power and save energy whenever the fan is in use. Soft start extends the life of the equipment and saves energy.

Information Financial Management Information System Project (2020/21 75,000 3,750 78,750 Technology Carryover)
Procure a new cloud-based financial management system for the Stadium Authority that would allow greater visibility in to Non-NFL Events and Shared Stadium Expenses. The management company that handles NonNFL events would use the financial management system for all transactions related to Non-NFL events and Shared Stadium Expenses, as well as store supporting documentation for the transactions (Including invoices). The costs include software license/subscription, hosting fee and a consultant for implementation and process improvement There will be ongoing software license costs and possibility for additional staff time for implementation. *Subject to subsequent court rulings on cost allocation.

Public Safety - Fire Mass Casualty Incident (MCI) Trailer (2020/21 Carryover) 120,000 6,000 126,000 X The fire department currently has equipment to treat 25 patients during a large-scale emergency The MCI Trailer would allow the first responders to treat between 500-1000 people during a large-scale emergency by allowing quick access to on-board equipment and supplies.

Public Safety - Police Kawasaki Mute (2021/22 Carryover) 25,000 t ,250 26,250 X Purchase new Kawasaki Mule for Explosive Ordinance Disposal (EOD) team. Cost includes unfitting the Kawasaki Mule with Police labels and markings, lighting and locking storage boxes. The EOD team does not currently have a dedicated vehicle and are currently walking with canines and EOD gear during response calls for suspicious packages and drone payloads. The EOD team is first on scene sweeping the stadium for safety issues and the last to leave. Shifts can extend past 10 hours. Purchase of a vehicle would reduce fatigue for officers and canines and reduce response time.

Public Safety - Police Kawasaki Mule (2021/22 Carryover) 20,000 1,000 21,000 X Purchase new Kawasaki Mule for Special Response Team (SRT) Cost includes unfitting the Kawasaki Mule with Police labels and markings, lighting, equipment storage boxes and Type 3 IME box that is approved by the U.S. Bureau of Alcohol Tobacco and Firearms (ATF) to transporVstore breacher explosives. The SRT equipment is currently in a standard size vehicle that upon deployment would not easily maneuver the stadium or crowds of attendees; the team would be required to go to the vehicle to retrieve the required equipment extending response time. The vehicle may also be deployed to City issues and the equipment would not be readily available for use. The SRT does not currently have a dedicated vehicle.

Purchase of a vehicle would allow the SRT to mobilize needed equipment and will reduce response time.

Public Safety - Police Onsite Conex Storage (2021/22 Carryover) 4,000 200 4,200 X Locking onsite Conex Storage container to store 3 Police Kawasaki Mules, including the requested EOD and SRT mule purchase The Conex Storage container will be housed in a parking lot dedicated for police parking with the secured footprint of the Stadium.

Public Safety - Police 2-Way CAD/24-7 Link (2020/21 Carryover) 82,000 4,100 86,100 X All stadium personnel operate on the 24/7 dispatch system. SCPD and SCFD operate on the CAD system When public safety personnel are sent on calls, the call must be generated by hand in both systems This causes e)!ra work for dispatchers, however, more importantly this creates delays in reporting and responses to public safety incidents. A 2-way link would allow both systems to "talk" to each other and automatically create incidents in each other's system. Additionally, without this link, we cannot log officers on which creates an officer safety issue as well as an issue when it comes to management of personnel
41 Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover (Cont.)
Item Type SCSA Description Cost Remaining Total Cost
R,equested Contingency
Public Safety - Police Pedestrian Safety Fencing (2019/20 Carryover) 100,000 5,000 105,000 X Raised fencing is requested for installation on Tasman Drive from Centennial Boulevard to Calle Del Sol. This is approximately 0.4 miles ,and would be adjacent to the VTNUght Rail tracks. This fencing is required to guarantee the safety of patrons as pedestrians on Tasman Drive.

Currently, pedestrians regularly jump temporary construction barriers and cross eastbound Tasman Drive and cross live/active VTA light rail tracks.

In addition, during events the traffic flow is reversed and pedestrians will not expect cars coming from that direction This poses a clear danger for pedestrians and mobile personnel are not always available to prevent this regular attempt by pedestrians. Raised fencing will guarantee this dangerous situation stops The cost is an estimate based on the Fencing on Tasman project
Public Safety - Police GPS Software for Tracking Personnel (2019/20 Carryover) 25,000 1,250 26,250 X Live tracking of law enforcement personnel is critical in providing an accurate picture of public safety coverage. This technology and software will allow the Command Post to know where our personnel are at all limes and make necessary assignment ad1ustments on the go II is desired that the software also be capable of retaining data for historical analysis. The requested funding of $25,000 is the initial purchase price for approximately 100 devices and the software. There is a monthly operating cost of $30/month each; $36,000 total annually.

Public Safety - Police Fencing on Tasman & Lafayette(2019/20 Carryover) 70,000 3,500 73,500 X Fencing to prevent stadium event pedestrian traffic from crossing unsafely between Lafayette St and the Tasman St overcrossing
Public Safety - Police Radios (2020/21 Carryover) 79,000 3,950 82,950 X New radios are required for equipping additional staff in our public safety deployment. These radios allow for communication to the command post and between public safety partners working our events. W ithout these critical radios, personnel would not be able to function in their capacity and as expected to provide public safety services including emergency response. The department is currently waiting on Silicon Valley Regional I nleroperability Authority to upgrade their radio infrastructure to comptete these new radio purchases. There is a yearly operating cost; requesting quote.

Public Safety - Police Radio Chargers (2020/21 Carryover) 3,000 150 3,150 X Our radio equipment is critical and, therefore, their serviceability must be maintained. Each new radio will require a charging port. These three charging stations each have a 6-radio capacity and three are needed to maintain radios at their peak power and usability. Having these three charging stations will ensure all radios are ready for use by public safety without the risk of personnel being without this crucial equipment in a functional state.

Public Safety - Police Dispatch Monitors (2020/21 Carryover) 8,000 400 8,400 X Our public safety dispatchers utilize several screens at their work stations in order lo facilitate their duties The necessary upgrading of our latest public safety communications center's CAD and associated software will require larger screen area to effectively manage the new information.

These 16 replacement 22" larger monitors are needed to optimize the use and intended application of the latest public safety dispatching software .

The larger screens are required to view the additional windows from the CAD system and are expected to last five years. The prior monitors were purchased six years ago and are 19" monitors. The cost includes estimated installation for three workstations
Public Safety - Police Staff Scheduling Software (.2019/20 Carryover) 16,250 813 17,063 X The Stadium requires SEOs to operate safely. Notifying and communicating with our SEOs is critical in properly planning our staffing needs. We currently use an out of date version of "Game Day Staffing." Public Safety - Public Street Signage (2017 /18 Carryover) 1,000,000 50,000 1,050,000 Works X This item was brought before the SCSA Board and approved in the 2017/18 budget Working with the Dept of Public Works, the Executive Director's office and the Chief of Police's office to identify appropriate locations on surrounding city streets (Great America Parkway, Tasman Drive, etc.) to place signage to better protect, inform and serve patrons visitng Levi's Stadium, non-event day traffic, community even advisories and emergency public safety and traffic advisories.

Security Software Upgrade to Genetec 5.8 (2020/21 Carryover) 35,000 1,750 36,750 Upgrade to Genetecs newest firmware version 5.8. This would improve overall system performance and stability, and add new features that will help in operator training and utilization of software. Customizable live dashboards assist in monitoring alarms and events in real-time. 42 Item Type
Security
Security
Security
Security
Security
Security
Vertical Transport
SCSA
Requested
Santa Clara Stadium Authority
2022/23 CapEx Budget Carryover (Cont.)
Description
Video Analytics (2020/21 Carryover)
Add video analytics to assist with video investigations Video investigations take several hours/days to complete using traditional playback methods Adding video analytics will greatly decrease man-hours spent in video review process, as well as aid in investigations using newer technology.

Parking Lot Camera Upgrades (2020/21 Carryover)
Replace Great America parking lot cameras with technologically advanced multi- lens panoramic/360/multi-directional cameras. New camera technology would provide better overall coverage of the main parking lot.

Sun baked cameras with fixed angles have created gaps in coverage With more video incident request coming from ingress/egress incidents, new technology would assist in these investigations. Install cameras in Gold lot 4i5 where there is very limited coverage.

Bowl Camera Upgrade/Refurbishment (2020/21 Carryover)
The project will replace or refurbish several seating bowl cameras. The bowl cameras have become sun baked and provide poor/obscured coverage of bowl seating. Maintenance has become an issue due to the cost and time required to erect scaffolding to reach camera boxes each time the cameras require maintenance. The project will evaluate the opportunity to re-engineer the camera housing by relocating housing closer to stadium infrastructure, if possible.

License Plate Reader at Vehicle Entry Gates (2020/21 Carryover) Add six (6) License Plate Reader cameras on entry/exit lanes of all vehicle gates (Post 1,2, and 3) to document and track vehicles entering and exiting the stadium. The LPR cameras provide additional visibility of all parties entering and existing that stadium.

Install Stadium Camera Booths Card Readers (2019/20 Carryover) Install card reader for north and south camera booths to secure the spaces that enter into/from general public access areas Drone Detection (Antenna System) (2021/22 Carryover)
Drone intrusions are happening more frequently. W e need a detection and deterrent system in place for the Security of our venue and events.

This technology will assist Stadium Security and Law Enforcement in identifying any threats and to take measures to mitigate the threat.

Elevator Door Replacement (2019/20 Carryover)
The project replace the vestibule door frame, doors, hardware and equipment at the 200 level elevator lobby doors in the stadium The current door system does not allow the necessary door swing radius to nagivate larger Jannorial and operational equipment into the elevator lobby. The current door sy stem was damaged due to the limitations in design and thus must be completely replaced to restore and establish ultimate operational function
Subtotal Carryover CapEx Equipment Costs
Total Carryover CapEx Project Costs
Cost Remaining
Contingency
35,000 1,750
40,000 2,000
135,000 6,750
45,000 2,250
84,000 4,200
55,000 2,750
20,000 1,000
$ 5,286,252 $ 264,314 $
$ 10,303,441 $ 515,175 $
Total Cost
36,750
42,000
141,750
47,250
88,200
57,750
21,000
5,550,566
10,818,616
43 2022/23 2023/24 2024/25 2025/26 2026/27
Budget Budget Budget Budget Budget
Electrical $ 666,190 $ 300,000 $ 3,300,000 $ 225,000 $ 325,000 General Building 10,032,666 438,000 3,570,000 1,300,000 2,000,000 Plumbing 87,619 150,000 - 300,000 35,000
Public Safety - - - - -
Security 707,000 - - - -
Site 1,205,714 100,000 - - 125,000
Subtotal CapEx Construction Costs 12,699,189 $ $ 988,000 $ 6,870,000 $ 1,825,000 $ 2,485,000 Audio/Visual $ 566,667 $ 970,000 $ - $ - $ 500,000
FF&E 1,613,810 30,000 - 61,669 -
Food & Beverage 592,381 - 1,200,000 - -
HVAC/Mechanical 437,144 150,000 225,000 75,000 325,000
Information Technology 75,000 - - - -
Life Safety/Fire 50,000 - - - 335,000
Security 689,000 400,000 400,000 510,000 500,000
Public Safety Equipment 2,511,676 384,341 344,510 125,010 114,510 Vertical Support 20,000 - - - 400,000
Subtotal CapEx Equipment Costs $ 6,555,678 $ 1,934,341 $ 969,510 $ 1,971,679 $ 2,174,510 Contingency (5%) 962,743 146,117 391,976 189,834 232,976 Total CapEx Project Costs $ 20,217,610 $ 3,068,458 $ 8,231,486 $ 3,986,513 $ 4,892,486 Santa Clara Stadium Authority
Capital Expense Plan Summary - 5 Year Forecast
1 Date: May 17, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation to Amend Levi’s Stadium On-Call Electrical Maintenance and Repair Contract with Cupertino Electric, Inc. (Contract No. 10051-B)
Recommendation

1. Recommend approval to issue Amendment No. 1 to the existing Levi’s Stadium On-Call Electrical Maintenance and Repair Contract with Cupertino Electric Inc., (Contract No. 10051-B) to increase the not-to-exceed compensation amount for the second year of the contract term from $250,000 to $764,298; and

2. Authorize Stadium Manager to execute change orders up to $48,488.50, for a total not-to-exceed compensation of $812,786.50 for the second year of the contract term.

Background
Forty Niners Stadium Management Company LLC (Stadium Manager) has an agreement with Cupertino Electric, Inc. for electrical maintenance and repair services at Levi’s Stadium (Stadium) for the period May 1, 2021 through April 30, 2024. This agreement was established via a formal solicitation process and approved by the Santa Clara Stadium Authority Board (SCSA) on April 20, 2021. The not-to-exceed amount for each contract year is $250,000 subject to approval of the SCSA budget for the applicable fiscal year that includes the amount under this agreement. The expense for this fiscal year is covered under the SCSA operating budget in the Stadium Operations, Engineering Department. Work is authorized by Stadium Manager via a Task Order with a specific not to exceed amount under this agreement.

As part of the FY22/23 SCSA Capital Budget Expense, the SCSA approved the following SCSA CapEx projects:













2 A. Primary Main Switch Gear Transformer (PMSG) Battery and 12KV Circuit Breakers Project
The repair of the existing primary main switchgear transformer, battery and 12KV circuit breakers involves the replacement the PMSG Control Power Transformer (CPT), replaces the PMSG batteries and provides two (2) new 12KV main circuit breakers. The approved FY22/23 SCSA CapEx budget for this project is $210,000.

B. 12KV Electrical Power Study, Assessment and Replacement at the Primary Switch Gear (PSG) Project
The 12KV electrical power study, assessment, and replacement at the PSG at each substation will require testing, inspection and assessment to primary electrical 12KV switchgear equipment located in, or associated with, the four Stadium quadrant electrical substations. The project includes an allowance for any necessary replacements and/or enhancements identified during the assessment. Replacements and/or modifications are dependent upon the results of the assessment. Additionally, the project will establish a baseline for this electrical equipment and may determine the need and frequency of future test and inspection of electrical equipment. The approved FY22/23 SCSA CapEx budget for this project is $420,000.

After evaluating these two SCSA CapEx projects, Stadium Manager recommends that both projects be completed by Cupertino Electric, Inc. Our recommendation is to increase the not-to-exceed amount of the existing maintenance and repair agreement with Cupertino Electric, Inc., and issue Task Orders for them to perform the work.

Reasons for Recommendation

1. Single Source Justification to Select Cupertino Electric, Inc.

A. Primary Main Switch Gear Transformer, Battery & 12KV Main Circuit Breakers Project
The CPT, batteries and main circuit breakers are critical components of the Stadium’s electrical switchgear equipment that services the electrical power to the Stadium. The Stadium has a very busy major Non-NFL event schedule during the summer and fall of 2022, and the work associated with this project is urgent due to the critical nature of the electrical equipment to be repaired/replaced as part of this project. During major events, the successful operation of the stadium switchgear equipment is of utmost importance from both a public safety and general operational perspective. The work may require a shutdown of the Stadium electrical switchgear, which will in turn affect stadium power. Temporary power is required to ensure the Stadium’s critical systems remain online when primary power is shutdown. Those affected stadium critical 












3 systems include, without limitation, fire alarm equipment, security posts and server rooms – all of which are integrally related to the safe and effective operation of the stadium. The work associated with this project is highly complicated and requires extensive coordination with public utilities, stadium operations staff and other stakeholders and authorities with jurisdiction. Coordinating the temporary power shutdown with all parties and ensuring all necessary critical systems are supported with temporary power is very difficult in a complex facility like the Stadium. Cupertino Electric, Inc., was an essential member of the design-build team that constructed the stadium and is intimately familiar with all the stadium electrical systems. Cupertino Electric, Inc. also previously performed the testing and inspection of the stadium switchgear that is the subject of this project. The results of that testing and inspection were reviewed by M-E Engineers, Inc., the Stadium Manager’s mechanical and electrical engineering consultant, to produce the scope of this project.

The existing maintenance and repair agreement with Cupertino Electric, Inc. includes transformer removal and replacement, circuit breaker replacement and replacement of batteries as necessary in the scope. Utilizing this agreement allows the Stadium Manager to act quickly to expedite necessary and urgent repair work on this critical electrical equipment. Cupertino Electric’s knowledge of the overall building systems, insight into this specific project as a result of their prior testing and inspection services on this same system, history of successfully coordinating with public utilities, stadium operations staff and other authorities with jurisdiction and stakeholders, and existing services agreement with the Stadium Manager makes them the only contractor that can perform this project under the prevailing time and operations constraints.

B. 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations Project
Testing the primary switchgear in the quadrant substations is essential to maintaining a reliable electrical system at the stadium. The Stadium has a very busy major Non-NFL Event schedule during the summer and fall of 2022 and the work associated with this project is urgent due to the critical nature of the electrical equipment to be tested as part of this project. During major events, the successful operation of the stadium switchgear equipment is of the utmost importance from both a public safety and general operational perspective. The testing services may require a shutdown of the stadium electrical equipment, which will in turn affect stadium power. Temporary power is required to ensure the stadium’s critical systems remain online when primary power is shutdown. Those affected stadium critical systems include, without limitation, fire alarm equipment, security posts and server rooms – all of which are integrally related to the safe and effective operation of the stadium. The work associated with this project is highly complicated and requires extensive coordination with public utilities, stadium 












4 operations staff and other stakeholders and authorities with jurisdiction. Coordinating the temporary power shutdown with all parties and ensuring all necessary critical systems are supported with temporary power is very difficult in a complex facility like the Stadium. Cupertino Electric, Inc., was an essential member of the design-build team that constructed the stadium and is intimately familiar with all the stadium electrical systems. Cupertino Electric, Inc. also previously performed the testing and inspection of a separate stadium switchgear and are very familiar with the testing protocols and potential pitfalls and how to avoid the same during the testing process.

The existing maintenance and repair agreement with Cupertino Electric, Inc. includes testing and assessment work in the scope. Utilizing this agreement allows the Stadium Manager to act quickly to expedite necessary and urgent testing work on this critical electrical equipment. Cupertino Electric’s knowledge of the overall building systems, insight into this specific project as a result of their prior testing and inspection services on a separate substantially similar part of the stadium’s electrical system, history of successfully coordinating with public utilities, stadium operations staff and other authorities with jurisdiction and stakeholders, and existing services agreement with the Stadium Manager makes them the only contractor that can perform this project under the prevailing time and operations constraints.

2. Request for Proposals from Cupertino Electric, Inc.

Stadium Manager requested and received proposals for both CapEx projects from Cupertino Electric, Inc. on May 9, 2022.

The proposal cost for the Primary Main Switch Gear Transformer, Battery & 12KV Main Circuit Breakers Project on a time and material basis, inclusive of the applicable bond, is $193,583. The anticipated completion date of the project is December 31, 2022, subject to the approval of Stadium Manager’s recommendation by the SCSA Board.

The proposal cost for the 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations Project on a time and material basis, inclusive of the applicable bond, is $320,715. The anticipated completion date is December 31, 2022, subject to the approval of Stadium Manager’s recommendation by the SCSA Board.

Next Steps
The total cost to undertake and perform the two projects by Cupertino Electric, Inc., is $514,298. The cost of this work is covered in the FY22/23 SCSA CapEx Budget referenced under item type – Electrical with the total cost for each project:













5 x Distribution - High Voltage (Primary Main Switch Gear Transformer, Battery & 12KV Main Circuit Breakers) - $210,000
x Distribution - High Voltage (12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations) - $420,000 Therefore, Stadium Manager recommends approval from the SCSA Board to execute Amendment No. 1 to the Levi’s Stadium On-Call Maintenance and Repair Contract (10051-B) with Cupertino Electric, Inc. to increase the not-to-exceed compensation amount for the second year of the contract term from $250,000 to $764,298. This action will facilitate Stadium Manager to issue the Task Orders to Cupertino Electric, Inc.

In addition, Stadium Manager requests authorization to issue change orders up to $48,488.50, for a total not to exceed amount of $812,786.50, which will allow Stadium Manager to take timely administrative action if required and not delay the completion of the projects as follows:

1. Authorize Stadium Manager to execute change orders up to $16,417 for a total not-to-exceed amount of $210,000 for the Primary Main Switch Gear Transformer, Battery & 12KV Main Circuit Breakers Project.

2. Authorize Stadium Manager to execute change orders up to 10% of proposal cost of $320,715 (provided by Cupertino Electric, Inc.) or $32,071.50 for a total not-toexceed amount $352,786.50 for the 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations Project.

The following supporting documentation have been provided for review and approval:

1. Levi’s Stadium On-Call Maintenance and Repair Contract with Cupertino Electric, Inc. (Contract No. 10051-B)

2. Draft Amendment No. 1 to the Levi’s Stadium On-Call Maintenance and Repair Contract with Cupertino Electric, Inc. (Contract No. 10051-B)

3. Memo from M-E Engineers, Inc., related to Levi’s Stadium – Electrical Primary Main Service Switchgear dated May 9, 2022.

4. Proposal from Cupertino Electric, Inc. related to the Primary Main Switch Gear Transformer, Battery & 12KV Main Circuit Breakers Project dated May 9, 2022.

5. Proposal from Cupertino Electric, Inc. related to the 12KV Electrical Power Study, Assessment and Replacement at Primary Switch Gear at Quadrant Substations Project dated May 9, 2022.

Once Stadium Manager receives approval from the SCSA Board, Amendment No.1 to the Levi’s Stadium On-Call Maintenance and Repair Services Contract (10051-B) will be executed with Cupertino Electric, Inc., and a fully executed copy of the Amendment No. 1 will be forwarded to the SCSA Board.













6 Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager 



















From: Mercurio, Jim
To: Christine Jung
Cc: Rajeev Batra; Ruth Shikada; Mercurio, Jim
Subject: Re: Recommendation to Amend Agreement with Cupertino Electric, Inc.

Date: Wednesday, May 25, 2022 4:50:31 PM
Attachments: image001.png
image004.png
Christine:

Responses to your questions regarding proposed Amendment No. 1 to the Levi’s Stadium On-Call Electrical Maintenance and Repair Contract between the Stadium Manager and Cupertino Electric are set forth below in red (your questions have also been reproduced for ease of reference:

QUESTION 1: It is mentioned on the ME Engineer letter that the firm made a recommendation based on information that was provided by a third-party testing agency, Apparatus Testing and Engineering (ATE). Was ATE’s work separate from the testing and inspection work that was described on pages 3 and 4 of the Recommendation memo, which states that Cupertino Electric previously performed the testing and inspection of the stadium switchgear?
RESPONSE 1: ATE is a subcontractor under Cupertino Electric and was tasked with performing the system testing and inspection described on pages 3 and 4 of the Recommendation memo based on ATE’s qualifications and experience in providing this type of testing and inspection service. Cupertino Electric, as the prime, performed the complex support services associated with powering down the system and providing temporary power to critical facility systems in order to allow testing and inspection to occur.

QUESTION 2: Did the Stadium Manager share the project scopes with the other electrical vendor, Bear Electrical, for a second quote? RESPONSE 2: The Stadium Manager discussed the project scopes with Bear Electrical as part of the process of determining whether there was any other vendor well situated to perform the scopes of work. Bear Electrical indicated it did not possess the resources and experience internally to perform this type of complicated high voltage electrical work. Bear Electrical also communicated concerns regarding meeting the proposed project schedules, which are accelerated due to the urgent nature of the projects as previously explained in our Recommendation memo to the Authority. Based on the foregoing, Bear Electrical did not express interest in performing these two projects.

Please let me know if you have any additional questions.

Thanks,
JIM
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From: Christine Jung <[email protected]>
Sent: Wednesday, May 18, 2022 2:36:48 PM
To: Mercurio, Jim <[email protected]>
Cc: Rajeev Batra <[email protected]>; Ruth Shikada <[email protected]> Subject: RE: Recommendation to Amend Agreement with Cupertino Electric, Inc.

Good morning Jim,
We are reviewing these requests and will let you know if there are any follow up questions. The requests will be placed on the June 7 agenda.

Sincerely,
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: Tuesday, May 17, 2022 6:04 PM
To: Rajeev Batra <[email protected]>; Christine Jung <[email protected]>; Ruth Shikada <[email protected]>
Cc: Mercurio, Jim <[email protected]>
Subject: Recommendation to Amend Agreement with Cupertino Electric, Inc.

Executive Director Batra:

The recommendation to amend agreement with Cupertino Electric, Inc., to utilize the oncall electrical maintenance and repair agreement for two FY22/23 SCSA CapEx projects and supporting documentation can be downloaded here:

Password:

Please review and forward to the Board for approval.

Once approved, we will execute the amendment and forward a copy to you.

Thank you very much,
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
––––––––––––––––––––––––
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49ers.com

STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY

LEVI'S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

KEY PROVISIONS
CONTRACT TITLE Levi's Stadium Electrical Maintenance and Repair Services - MANCO
CONTRACT NUMBER 10051-B
PURPOSE Utilize for on-call electrical maintenance and
repair services at the Levi's Stadium.

CONTRACT TERM May 1, 2021 through April 30, 2024 with an option to renew for two additional one year
periods.

TOTAL CONTRACT VALUE Total contract value is $750,000 for 3 years.

Not to Exceed Amount for each contract year is
$250,000. SCSA Budget approval for subsequent
years is required.

CONTRACTOR Cupertino Electric, Inc.
1132 N. 7th Street
San Jose, CA 95112
CONTRACTOR CONTACT Geoffrey N aeon
Email: Geoffre;,::: [email protected]
Tel: 408-808-8284
Cell: 408-771-6747

1. Authorized user shall request quotes
ORDER PROCESS 2. Upon verification and approval, Contractor shall be awarded the work via a fully
executed Task Order based on the
Contractor's response, availability, cost and
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
expertise. Task Order will be executed by
EVP & General Manager of Stadium
Operations.

3. Approved Task Order issued to Contractor by
Project Manager.

4. Each Task Order shall have a not to exceed
amount prior to work being authorized and must
be tracked against contract funding threshold to
ensure the total is under budget.

AUTHORIZED USER ENGINEERING DEPARTMENT
STADIUM MANAGER Ryan Van Maarth
CONTACT/ ADMINISTRATOR VP of Stadium Operations and Strategic Planning 4900 Marie P DeBartolo Way
Santa Clara, CA 95054
Email: [email protected]
Tel: 206-550-8030
TAX STATUS AND PAYMENT Goods - Taxable
TERMS Services - Non-taxable
Net 30 days from receipt of undisputed invoice.

SOLICITATION REFERENCE RFP FY20-0001
SCSA APPROVAL DATE April 20, 2021 Board Meeting

PREVAILING WAGE YES

REQUIRED
DIR REPORTING Registered on May 19, 2021
PERFORMANCE AND Submitted

PAYMENT BONDS
2 Contract Number: 10051-B

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

LEVI'S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

1. PARTIES AND DATE.

This Contract is made and entered into this First day of May, 2021 by and between the FORTY NINER$ STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company ("Stadium Manager") and CUPERTINO ELECTRIC, INC., a Delaware Corporation with its principal place of business at 1132 North Seventh Street. San Jose, CA 95112 ("Contractor").

Stadium Manager and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. RECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance and repair services required by the Stadium Manager on the terms and conditions set forth in this Contract and in the task order(s) to be issued pursuant to this Contract and executed by the Stadium Manager and Contractor ('Task Order"). Contractor represents that it is duly licensed and experienced in providing Levi's Stadium On-Call Stadium Electrical related maintenance and repair services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. The following license classifications are required for this Project: C-7 Low Voltage Systems and C-1 O Electrical Contractor.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the On-Call Stadium Electrical Maintenance and Repair ("Project") as set forth in this Contract on an on-call, as-needed basis. There is no guarantee of any of work under this Contract other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E")