Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a comprehensive general plan for the city’s or county’s physical development that includes various elements, including, among others, a land use element that designates the proposed general distribution and general location and extent of the uses of the land in specified categories, and a circulation element that identifies the location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, as specified. This bill, the Local Electrification Planning Act, would require a city or county to either adopt a climate action electrification element as part of the general plan or otherwise amend the general plan to, among other things, identify strategies and enforceable commitments to meet California’s greenhouse gas reduction goals requiring increased electrification of transportation and buildings.
Position
SB 572 (Stern D) Energy: ratepayer protections.
Current Text: Introduced: 2/15/2023 html pdf
Introduced: 2/15/2023
Status: 2/22/2023-Referred to Com. on E., U. & C.
Location: 2/22/2023-S. E. U., & C.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the PUC and Energy Commission, in coordination with each other and in consultation with the Federal Energy Regulatory Commission (FERC) and the Public Advocate’s Office of the Public Utilities Commission, in undertaking their respective gas and electrical system planning, and in order to ensure that gas corporations, electrical corporations, local publicly owned electric utilities, and local publicly owned gas utilities, as applicable, maintain safe and reliable energy at just and reasonable rates consistent with, and in furtherance of, the state’s climate and energy goals, to each consider imposing additional requirements to protect ratepayers from price spikes, stranded assets, duplication of services, and the risk of windfall profiteering and market manipulation in wholesale and retail markets.
Position
Housing LAP
AB 1469 (Kalra D) Santa Clara Valley Water District.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. This bill would additionally authorize the district to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with cities, the County of Santa Clara, and the state, as appropriate, to provide solutions or improve outcomes for the unsheltered individuals.
Position
AB 67 (Muratsuchi D) Homeless Courts Pilot Program.
Current Text: Amended: 3/13/2023 html pdf
Introduced: 12/7/2022
Last Amend: 3/13/2023
Status: 3/21/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March
21). Re-referred to Com. on APPR.
Location: 3/21/2023-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon an appropriation by the Legislature, create the Homeless Courts Pilot Program, which would remain in effect until January 1, 2029, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, homeless individuals who are involved with the criminal justice system. The bill would require applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have specified charges dismissed upon completion of a program, provision of temporary, time-limited, or permanent housing during the duration of the program, and a dedicated representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan.
Position
AB 68 (Ward D) Land use: streamlined housing approvals: density, subdivision, and utility approvals.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 12/8/2022
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
Location: 3/16/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a local government to approve a proposed housing development pursuant to a streamlined, ministerial approval process if the development meets certain objective planning standards, including, but not limited to, a requirement that the proposed parcel for the development be a climate-smart parcel, as described, or be included in the applicable region’s sustainable communities strategy as a priority development area. The bill would set forth procedures for approving these developments and would set forth various limitations for these developments. The bill would authorize the Department of Housing and Community Development to review, adopt, amend, and repeal guidelines, rules, and regulations to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth by this process.
Position
AB 257 (Hoover R) Encampments: penalties.
Current Text: Amended: 2/23/2023 html pdf
Introduced: 1/19/2023
Last Amend: 2/23/2023
Status: 3/7/2023-In committee: Set, second hearing. Failed passage. Reconsideration granted.
Location: 2/2/2023-A. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under current law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Current law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor. This bill would prohibit a person from camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center.
Position
AB 281 (Grayson D) Planning and zoning: housing: postentitlement phase permits.
Current Text: Amended: 3/9/2023 html pdf
Introduced: 1/24/2023
Last Amend: 3/9/2023
Status: 3/23/2023-From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 7. Noes 0.) (March 22). Re-referred to Com. on H. & C.D.
Location: 3/22/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a special district that receives an application for a postentitlement phase permit, as specified, to provide written notice to the applicant or local agency of additional information that may be required to begin to review the application for service or approval or next steps in the review process. The bill would require the special district to provide this notice within 30 business days of receipt of the application for a housing development with 25 units or fewer, and within 60 business days for a housing development with more than 25 units. By imposing additional duties on special districts, the bill would impose a state-mandated local program.
Position
AB 284 (Patterson, Joe R) Department of Housing and Community Development: annual report:
Homeless Housing, Assistance, and Prevention program.
Current Text: Introduced: 1/24/2023 html pdf
Introduced: 1/24/2023
Status: 2/2/2023-Referred to Com. on H. & C.D.
Location: 2/2/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under current law, grants under the Homeless Housing, Assistance, and Prevention (HHAP) program are allocated in 4 rounds of funding, administered by the California Interagency Council on Homelessness, as provided. Current law requires the Department of Housing and Community Development to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department. Current law requires that the report include, among other things, the number of units assisted by those programs and the number of individuals and households served and their income level. This bill would additionally require that this report include an evaluation of the HHAP program.
Position
AB 309 (Lee D) Social housing.
Current Text: Introduced: 1/26/2023 html pdf
Introduced: 1/26/2023
Status: 2/9/2023-Referred to Com. on H. & C.D.
Location: 2/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the Department of Housing and Community Development and the California Housing Finance Agency and sets forth various programs administered by those entities intended to, among other things, provide a comprehensive and balanced approach to the solution of housing problems of the people of this state.
The act sets forth various definitions that govern its construction. This bill would define “social housing” for purposes of the Zenovich-Moscone-Chacon Housing and Home Finance Act.
Position
AB 434 (Grayson D) Housing element: notice of violation.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/6/2023
Last Amend: 3/16/2023
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 6. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
Location: 3/29/2023-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law, for housing development projects that submit a preliminary application prior to January 1, 2030, prohibits a city or county from conducting more than 5 hearings, as defined, held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public
hearing, if the proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, as defined. The Planning and Zoning Law also requires a local agency, pursuant to either local ordinance or statute, to provide for ministerial approval of applications for accessory dwelling units or junior accessory dwelling units in areas zoned for residential use, as specified. That law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit constructed prior to January 1, 2018, except as provided. This bill would additionally authorize the department to notify a city, county, city and county, or the Attorney General when the planning agency of a city, county, or city and county fails to comply with the above-described provisions relating to hearings for specified variances, ministerial approval of applications for accessory dwelling units or junior accessory dwelling units, permitting for unpermitted accessory dwelling units constructed prior to January 1, 2018, sale or conveyance of accessory dwelling units, ministerial approval of proposed housing developments, ministerial approval of parcel maps for urban lot splits, or housing development projects being deemed an allowable use of parcels within a zone where office, retail, or parking are a principally permitted use, as provided.
Position
AB 510 (Jackson D) Local land trusts.
Current Text: Introduced: 2/7/2023 html pdf
Introduced: 2/7/2023
Status: 2/8/2023-From printer. May be heard in committee March 10.
Location: 2/7/2023-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires that the housing element include an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within specified time periods. Current law prescribes requirements for the disposal of surplus land, as defined, by a local agency. Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. This bill would require each city and county to establish a local land trust, as defined, for the purposes of holding and developing real property within the jurisdiction. The bill would require the local land trust to be governed by the city council or board of supervisors of the local government.
Position
AB 516 (Ramos D) Mitigation Fee Act: fees for improvements: timeline for expenditure.
Current Text: Introduced: 2/7/2023 html pdf
Introduced: 2/7/2023
Status: 2/17/2023-Referred to Coms. on L. GOV. and H. & C.D.
Location: 2/17/2023-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Mitigation Fee Act, requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The Mitigation Fee Act also imposes additional requirements for fees imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements, as specified, including that the fees be deposited in a separate capital facilities account or fund. This bill would require a local agency that requires a qualified applicant, as described, to deposit fees for improvements, as described, into an escrow account as a condition for receiving a conditional use permit or equivalent development permit to expend the fees within a reasonable time of the deposit. The bill would require any fees not expended within this period to be returned to the qualified applicant that originally deposited the fees.
Position
AB 637 (Low D) Density Bonus Law.
Current Text: Amended: 3/20/2023 html pdf
Introduced: 2/9/2023
Last Amend: 3/20/2023
Status: 3/29/2023-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 2/17/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Current law requires a city or county to grant a proposal for an incentive or concession requested by a developer unless it would not result in identifiable and actual cost reductions, as specified, would have a specific, adverse impact on public health or safety or on specified real property and for which there is no method to avoid or mitigate that impact, as specified, or would be contrary to state or federal law. This bill would additionally except from the requirement that a city or county to grant a proposal an incentive or concession would alter the requirements of a local program, policy, or ordinance that requires, as a condition of the development of residential units, that the development include a certain percentage of residential units that meet specified affordability requirements.
Position
AB 799 (Rivas, Luz D) Homeless Housing, Assistance, and Prevention program: Homelessness Accountability Act.
Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 2/23/2023-Referred to Com. on H. & C.D.
Location: 2/23/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
Current law provides for the allocation of funding under the program among continuums of care, cities, and counties in 4 rounds, the first of which is administered by the Business, Consumer Services, and Housing Agency, and the others are administered by the Homeless Coordinating and Financing Council.
This bill, the Homelessness Accountability Act, would instead specify that the purpose of the Homeless Housing, Assistance, and Prevention program is to provide ongoing grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by best-practices and to solve homelessness using evidence-based or, where no evidence exists, a data-informed and promising framework, as provided.
Position
AB 812 (Boerner Horvath D) Regional housing need allocation: cultural district.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/13/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
Location: 3/16/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize a city, county, or city and county to reserve for artists up to 10 percent of units for a city’s, county’s, or city and county’s share of regional housing need for very low, low-, or moderate-income households if certain conditions are met, including that the units reserved are located within a designated cultural district.
Position
AB 821 (Grayson D) Planning and zoning: development project application.
Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 2/23/2023-Referred to Coms. on L. GOV. and H. & C.D.
Location: 2/23/2023-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or city, and of certain land outside its boundaries. Current law requires that county or city zoning ordinances be consistent with the general plan of the county or city by January 1, 1974. Current law requires a zoning ordinance to be amended within a reasonable time so that it is consistent with the general plan in the event that the ordinance becomes inconsistent with the plan by reason of amendment to the plan. This bill, among other things, would provide that, in the event that a city or county fails to amend an inconsistent zoning ordinance within 90 days after receiving written notice of the inconsistency, a proposed development project shall not be deemed inconsistent with that zoning ordinance and related zoning standard or criteria and shall not be required to be rezoned, if there is substantial evidence that would allow a reasonable person to conclude that the proposed development project is consistent with objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan.
Position
AB 932 (Ting D) Accessory dwelling units: Accessory Dwelling Unit Program: reports.
Current Text: Amended: 3/30/2023 html pdf
Introduced: 2/14/2023
Last Amend: 3/30/2023
Status: 3/30/2023-From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Location: 3/2/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Housing Finance Agency (CalHFA) administers the Accessory Dwelling Unit Program, for the purpose of assisting homeowners in qualifying for loans to construct accessory dwelling units and junior accessory dwelling units on the homeowners’ property and increasing access to capital for homeowners interested in building accessory dwelling units. Current law requires the CalHFA to convene a working group to develop recommendations for the program, as specified.
Current law requires the working group to finish developing recommendations by July 1, 2023, for CalHFA to consider in the next update of its accessory dwelling unit guidelines. This bill would additionally require the working group to report its recommendations to the Legislature by April 1, 2024, as specified. The bill would also require CalHFA to evaluate the program and report CalHFA’s findings to the Legislature by January 1, 2025.
Position
AB 976 (Ting D) Accessory dwelling units: owner-occupancy requirements.
Current Text: Introduced: 2/14/2023 html pdf
Introduced: 2/14/2023
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (March 29). Re-referred to Com. on L. GOV.
Location: 3/29/2023-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.This bill would instead prohibit a local agency from imposing an owner-occupancy requirement on any accessory dwelling unit.
Position
AB 1287 (Alvarez D) Density Bonus Law: additional density bonus and incentives or concessions:
California Coastal Act of 1976.
Current Text: Amended: 3/21/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/21/2023
Status: 3/22/2023-Re-referred to Com. on H. & C.D.
Location: 3/2/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a city, county, or city and county to grant an additional density bonus,
calculated as specified, when an applicant proposes to construct a housing development that conforms to specified requirements and provides 24% of the base density units to lower income households, conforms to specified requirements and provides 15% of the base density units to very low income households, or conforms to specified requirements and provides 44% of the total units to moderateincome units. The bill would require a city, county, or city and county to grant additional incentives or concessions for a project that meets any of those categories and also includes certain percentages of units for persons and families of moderate income. By imposing additional duties on local officials in administering the Density Bonus Law, this bill would create a state-mandated local program.
Position
AB 1318 (Rivas, Luz D) California Environmental Quality Act: exemption: residential projects.
Current Text: Introduced: 2/16/2023 html pdf
Introduced: 2/16/2023
Status: 3/2/2023-Referred to Coms. on NAT. RES. and L. GOV.
Location: 3/2/2023-A. NAT. RES.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.This bill would expand the exemption by increasing the size of a residential project that would qualify for the exemption to include a project of not more than 5 acres in total area. The bill would require a lead agency approving an exempt residential project on an urbanized infill site to file a notice of exemption with the Office of Planning and Research, as specified. This bill contains other related provisions and other existing laws.
Position
AB 1332 (Carrillo, Juan D) Accessory dwelling units: permit ready plans.
Current Text: Amended: 3/30/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/30/2023
Status: 3/30/2023-From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
Location: 3/16/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require each local agency, by April 1, 2025, to develop and offer at least 6 permit ready accessory dwelling unit floor plans for a detached accessory dwelling unit, as defined, that meet specified requirements. The bill would require the local agency to develop and offer floor plans for a studio, one-bedroom, and 2-bedroom detached accessory dwelling units, in both standard and reverse formats. The bill would require a local agency to post the permit ready accessory dwelling unit floor plans on its internet website and offer the plans to a development proponent at no cost.
Position
AB 1485 (Haney D) Housing element: enforcement: Attorney General.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/28/2023
Status: 3/29/2023-Re-referred to Com. on H. & C.D.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the Department of Housing and Community Development to notify the office of the Attorney General, that a city, county, or city and county is in violation of state law if the
department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law relating to housing, including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019. Current law provides that an intervention takes place when a nonparty becomes a party to an action or proceeding between other persons by, among other things, joining a plaintiff in claiming what is sought by the complaint. Current law requires the court to permit a nonparty to intervene in the action or proceeding if a provision of law confers an unconditional right to intervene. This bill would permit both the department and the office of the Attorney General to intervene as a matter of unconditional right in any legal action addressing a violation of the specified housing laws described above, including, among others, the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.
Position
AB 1490 (Lee D) Affordable housing development projects: adaptive reuse.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/9/2023-Referred to Coms. on H. & C.D. and L. GOV.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Housing and Community Development to give priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in existing developed areas served with public infrastructure, as specified. This bill would define adaptive reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to provide an affordable housing project that is an adaptive reuse project and that guarantees that 100% of the units be made available for lower income households, 50% of which shall be made available to extremely low income households or very low income households, specified benefits and exemptions by local government agencies, including, among other things, approval of all entitlements and permits applicable to the project in 30 days or less, exemption from any minimum floor area ratio, and waiver of local building and permit fees, as specified.
Position
AB 1532 (Haney D) Office conversion projects.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/23/2023-Referred to Coms. on H. & C.D. and NAT. RES.
Location: 3/23/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing development meets specified criteria. This bill would make an office conversion project, as defined, that meets certain requirements a use by right in all areas regardless of zoning. The bill would define “office conversion project” to mean the conversion of a building used for office purposes or a vacant office building into residential dwelling units. The bill would define “use by right” to mean that the city or county’s review of the office conversion may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of the California Environmental Quality Act, as specified.
Position
AB 1630 (Garcia D) Planning and zoning: housing development approvals: student housing projects.
Current Text: Amended: 3/21/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/21/2023
Status: 3/22/2023-Re-referred to Com. on H. & C.D.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact The Student Housing Crisis Act of 2023. The bill would require a city, county, or city and county to classify student and faculty and staff housing as a permitted use on all real property within 1,000 feet of a university campus, as defined, for zoning purposes. The bill would require a proposed student or faculty and staff housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that a minimum of 20% of the units in the project be rented by students or faculty and staff of the university. The bill would prohibit a local agency from imposing or enforcing on a student or faculty and staff housing project subject to ministerial consideration certain restrictions, including a minimum automobile parking requirement. The bill would require student or faculty and staff housing to have certain recorded deed restrictions, except as provided, that ensure for at least 55 years that, among other things, at least 20% of the units are affordable to lower income households, as defined, except as provided. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this bill would impose a state-mandated local program.
Position
AB 1657 (Wicks D) The Affordable Housing Bond Act of 2024.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/9/2023-Referred to Com. on H. & C.D.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and lowincome households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $_____ pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, as provided. This bill contains other related provisions.
Position
SB 4 (Wiener D) Planning and zoning: housing development: higher education institutions and religious institutions.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/28/2023
Status: 3/28/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on GOV. & F.
Location: 3/22/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state lowincome housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits.
This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various
terms for these purposes.
Position
SB 7 (Blakespear D) Regional housing needs allocation: homelessness.
Current Text: Amended: 2/13/2023 html pdf
Introduced: 12/5/2022
Last Amend: 2/13/2023
Status: 2/22/2023-Re-referred to Com. on HOUSING.
Location: 2/22/2023-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Existing law establishes various programs to address homelessness, including requiring the Governor to create an Interagency Council on Homelessness and establishing the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions, as defined, with onetime grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges, as specified. This bill, for regional housing need assessments on or after January 1, 2024, would require “homeless” to be included as an income category for purposes of the regional housing needs allocation plan. By requiring each council of governments to revise the income categories used in regional housing needs allocations, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill contains other existing laws.
Position
SB 91 (Umberg D) California Environmental Quality Act: exemption: supportive and transitional housing: motel conversion.
Current Text: Introduced: 1/17/2023 html pdf
Introduced: 1/17/2023
Status: 3/30/2023-Set for hearing April 18.
Location: 3/15/2023-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until January 1, 2025, exempts from the California Environmental Quality Act (CEQA) projects related to the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing, as defined, that meet certain conditions. This bill would extend indefinitely the above exemption.
Position
SB 405 (Cortese D) Planning and zoning: housing element: inventory of sites: regional housing need.
Current Text: Introduced: 2/9/2023 html pdf
Introduced: 2/9/2023
Status: 2/22/2023-Referred to Com. on HOUSING.
Location: 2/22/2023-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Current law requires the appropriate council of governments, or for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Current law requires a city or county to determine whether each site in its inventory of land can accommodate the development of some portion of its share of the regional housing need, as provided. This bill, for a housing element or amendment adopted as part of the seventh planning period, would require the planning agency to provide notice to the owner of a site included in the above-described inventory that the site is included in that inventory, if the owner’s identity and contact information is known, as specified. If the site owner notifies the planning agency or the department that the owner does not intend to develop at least 80% of the number of units for the site, determined as described above, during the current planning period, the bill would provide that the site would not be considered a site that can be developed to meet the jurisdiction’s share of the regional housing need, except as specified. The bill would require the planning agency to make a reasonable effort to identify an owner and the owner’s contact information and to determine the intent of the owner to develop the site. The bill would require that the information be an important factor for
the department in determining whether the housing element identifies sufficient sites to meet the jurisdiction share of regional housing. The bill would require the department to amend specified standards, forms, and definitions to implement these provisions.
Position
SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 2/13/2023
Last Amend: 3/28/2023
Status: 3/28/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on GOV. & F.
Location: 3/22/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state.
Position
SB 450 (Atkins D) Housing development: approvals.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/13/2023
Last Amend: 3/16/2023
Status: 3/16/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on HOUSING.
Location: 2/22/2023-S. HOUSING
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment.
Position
SB 684 (Caballero D) Land use: streamlined approval processes: development projects of 10 or fewer single-family residential units on urban lots under 5 acres.
Current Text: Amended: 3/22/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/22/2023
Status: 3/28/2023-Set for hearing April 12.
Location: 3/1/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. he Planning and Zoning Law contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process depending on the type of housing development, as specified. Current law, known as the Starter Home Revitalization Act of 2021, requires a city or county to approve an application for a small home lot housing development project, as defined, on a proposed site to be subdivided unless the city or county makes a finding related to the development’s compliance with certain requirements or the development’s specific, adverse public health or safety impact. This bill would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements.
Position
SB 742 (Atkins D) Housing: homelessness programs: report.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/1/2023-Referred to Coms. on HUMAN S. and HOUSING.
Location: 3/1/2023-S. HUM. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current establishes various programs to provide rental assistance to help eligible households, including, among others, the state rental assistance program. On or before December 30, 2024, and annually thereafter, this bill would require an agency that funds, implements, or administers a program that provides housing or housing-based services to persons experiencing homelessness or at risk of homelessness, including rental assistance programs, to provide prescribed information to specified committees of the Legislature. This bill would authorize an agency to request a city, county, or city and county to provide specified information to that agency if the city, county, or city and county has received state funds from the agency to fund, implement, or administer the program, as defined.
Position
Human Resources/Public Sector Employment LAP
AB 1484 (Zbur D) Temporary public employees.
Current Text: Amended: 3/28/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/28/2023
Status: 3/29/2023-Re-referred to Com. on P.E. & R.
Location: 3/9/2023-A. P.E. & R.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Meyers-Milias-Brown Act (act) authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. Current law generally requires that the scope of representation under the act include all matters relating to employment conditions and employeremployee relations, while excepting the consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Current law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs. This bill would impose specified requirements with respect to the temporary employees, as defined, of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization. In this regard the bill would require those temporary employees to be automatically included in the same bargaining unit as the permanent employees, as specified, upon the request of
the recognized employee organization.
Position
SB 329 (Dodd D) Cities: city council members: compensation.
Current Text: Introduced: 2/7/2023 html pdf
Introduced: 2/7/2023
Status: 2/15/2023-Referred to Com. on GOV. & F.
Location: 2/15/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Current law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted, and prohibits an ordinance from being enacted or amended to provide automatic future increases in salary. This bill, instead, would authorize a city council to adjust, by ordinance, the amount of the salary of city council members based upon population in an amount that does not exceed inflation since January 1, 1984, based upon the California Consumer Price Index.
Position
SB 769 (Gonzalez D) Local government: fiscal and financial training.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/21/2023-Set for hearing April 12.
Location: 3/1/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require, if a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, all local agency officials, as defined, to receive at least two hours of fiscal and financial training, as described. The bill would require the training to be received at least once every two years, as provided. This bill contains other related provisions and other existing laws.
Position
Public Safety LAP
AB 21 (Gipson D) Peace officers: training.
Current Text: Introduced: 12/5/2022 html pdf
Introduced: 12/5/2022
Status: 3/22/2023-In committee: Set, first hearing. Referred to APPR. suspense file.
Location: 3/22/2023-A. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Current law requires POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This bill would require the commission to revise that training to include instruction on how to effectively interact with persons with Alzheimer’s disease or dementia.
Position
AB 23 (Muratsuchi D) Theft: shoplifting: amount.
Current Text: Introduced: 12/5/2022 html pdf
Introduced: 12/5/2022
Status: 3/1/2023-In committee: Set, final hearing. Hearing canceled at the request of author.
Location: 1/26/2023-A. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California.
Position
AB 24 (Haney D) Emergency response: opioid antagonist kits.
Current Text: Amended: 3/30/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/30/2023
Status: 3/30/2023-From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
Location: 2/2/2023-A. HEALTH
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a person or entity that owns or is responsible for a designated facility, defined as a bar, as defined, gas station, public library, or residential hotel, as defined, in a county that is experiencing an opioid overdose crisis, as defined, to acquire and post an opioid antagonist kit, which includes an instructional poster and opioid antagonist nasal spray, in areas that are readily accessible only by employees, including, but not limited to, a break room, and to restock the opioid antagonist kit after each use. The bill would apply the provisions governing civil liability described above to a person or designated facility that provides aid with an opioid antagonist kit stored at the designated facility. The bill would provide that a designated facility and its employees have no obligation to provide an opioid antagonist in the event of an apparent overdose and shall face no liability if they fail to identify an apparent overdose or provide an opioid antagonist, and that a designated facility is not obligated to acquire, post, or restock opioid antagonist kits under specified circumstances. The bill would require the department to provide opioid antagonist kits free of charge, to create the opioid antagonist poster with easy-to-understand instructions and graphics on the administration of the attached opioid antagonist nasal spray, and to make the determination on how best to allocate and distribute its limited supply of opioid antagonist among its various programs in the event of an opioid antagonist supply shortage. The bill would make a violation of these provisions subject to a civil penalty of not more than $1,000.
Position
AB 75 (Hoover R) Shoplifting: increased penalties for prior crimes.
Current Text: Introduced: 12/14/2022 html pdf
Introduced: 12/14/2022
Status: 2/28/2023-Coauthors revised. In committee: Set, second hearing. Failed passage.
Location: 12/14/2022-A. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors in the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft and makes that crime punishable as a misdemeanor, with certain exceptions. The initiative statute defines shoplifting as entering a commercial establishment with the intent to commit larceny while that establishment is open during regular hours, where the value of the property that is taken or intended to be taken does not exceed $950. The initiative statute requires that shoplifting be punished as a misdemeanor. Current law, as amended by Proposition 47, provides that a registered sex offender or a person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years.
Position
AB 797 (Weber D) Local government: police review boards.
Current Text: Amended: 3/23/2023 html pdf
Introduced: 2/13/2023
Last Amend: 3/23/2023
Status: 3/27/2023-Re-referred to Com. on PUB. S.
Location: 3/23/2023-A. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires each department or agency in this state that employs peace officers to establish a procedure to investigate complaints by members of the public against the personnel of these departments or agencies, and to make a written description of this procedure available to the public. Current law also requires each department or agency to keep and maintain records of complaints and investigations, as specified. This bill would require the governing body of each city and county to, by January 15, 2025, create an independent community-based commission on law enforcement officer practices. The bill would authorize each commission to, among other things, conduct independent investigations of complaints against a police officer or sheriff alleging physical injury to a person, including injuries resulting in a person’s death.
Position
AB 955 (Petrie-Norris D) Controlled substances.
Current Text: Amended: 3/15/2023 html pdf
Introduced: 2/14/2023
Last Amend: 3/15/2023
Status: 3/16/2023-Re-referred to Com. on P. & C.P. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.
Location: 3/16/2023-A. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes possession of specified controlled substances, including fentanyl, punishable by imprisonment in a county jail not to exceed one year, except as specified. Current law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. This bill would make the sale of fentanyl on a social media platform, as defined, in California punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.
Position
SB 44 (Umberg D) Controlled substances.
Current Text: Amended: 3/8/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/8/2023
Status: 3/28/2023-VOTE: [First] hearing set for [03-29-2023]: Failed passage in Committee.
Reconsideration granted (PASS)
Location: 1/18/2023-S. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics. This bill, Alexandra’s Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes, as specified, of the danger of selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the defendant can be charged with homicide. The bill would require the court to read the advisory statement in a case in which the defendant exchanged a controlled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the record.
Position
SB 316 (Niello R) Shoplifting: increased penalties for prior crimes.
Current Text: Introduced: 2/6/2023 html pdf
Introduced: 2/6/2023
Status: 3/28/2023-VOTE: Do pass, but first be re-referred to the Committee on [Appropriations] (FAIL) Location: 3/28/2023-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, as amended by Proposition 47, provides that a registered sex offender or a
person with a prior conviction for certain serious or violent felonies, such as a sexually violent offense, who commits petty theft is subject to imprisonment in the county jail for up to one year or in the state prison for 16 months or 2 or 3 years. This bill would reinstate a provision of law that was repealed by Proposition 47 that provides that a person who has been convicted 3 or more times of petty theft, grand theft, or other specified crimes and who is subsequently convicted of petty theft is subject to imprisonment in a county jail not exceeding one year or in a county jail for 18 months or 2 or 3 years.
The bill would also make this provision and the provision relating to a person with serious, violent, or sexual prior offenses applicable to a person whose prior or current conviction is for shoplifting.
Position
SB 719 (Becker D) Law enforcement agencies: radio communications.
Current Text: Amended: 3/29/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/29/2023
Status: 3/29/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on PUB S.
Location: 3/8/2023-S. PUB. S.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the California Law Enforcement Telecommunications System (CLETS) to make specified criminal justice databases, including individual criminal histories, wanted and missing persons, and stolen firearms, vehicles, and property, available to participating law enforcement agencies. Current law prohibits unauthorized access to CLETS and the unlawful use of CLETS information by authorized users. Current law authorizes the Attorney General to adopt policies, procedures, and practices related to the use of CLETS. These rules require a participating agency to restrict access to CLETS and define “access” as the ability to see or hear any information obtained from CLETS. This bill would require a law enforcement agency, including the Department of the California Highway Patrol, municipal police departments, county sheriff’s departments, specified local law enforcement agencies, and specified university and college police departments, to, by no later than January 1, 2024, ensure public access, in real time, to the radio communications of that agency, as specified.
Position
Regional Issues and Collaboration LAP
AB 11 (Jackson D) Milton Marks “Little Hoover” Commission on California State Government Organization and Economy.
Current Text: Amended: 3/23/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/23/2023
Status: 3/29/2023-In committee: Set, first hearing. Referred to suspense file.
Location: 3/29/2023-A. APPR. SUSPENSE FILE
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy (the commission) for the purpose of securing assistance for the Governor and itself in promoting economy, efficiency, and improved service in the transaction of the public business, as specified, and in making the operation of all state departments, agencies, and instrumentalities, and all expenditures of public funds, more directly responsive to the wishes of the people as expressed by their elected representatives through various means. Existing law declares that the availability of housing is of vital statewide importance. Current law declares that the provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government. Current law declares that housing prices in California have risen dramatically in all parts of the state in the past decade, while the wealth gap, especially the racial wealth gap, continues to be a growing problem in California. This bill would require the commission to study the causes and effects of the rising cost of living in California and develop solutions toward making California a more affordable place to live, as specified. The bill would require the commission to meet quarterly, as specified. The bill would require the commission to complete 2 reports describing the commission’s findings and recommendations, as specified. The bill would repeal these provisions as of January 1, 2027.
Position
AB 52 (Grayson D) Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on REV. & TAX.
Location: 3/16/2023-A. REV. & TAX
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Current law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow, for a taxable year beginning on or after January 1, 2024, and before January 1, 2029, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution.
Position
AB 1227 (Low D) Elections: County of Santa Clara.
Current Text: Introduced: 2/16/2023 html pdf
Introduced: 2/16/2023
Status: 3/16/2023-In committee: Set, first hearing. Hearing canceled at the request of author.
Location: 3/2/2023-A. ELECTIONS
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize the Board of Supervisors of the County of Santa Clara to adopt, and a voter of that county to propose by initiative, a proposal to elect county officers by ranked choice voting, as specified.
Position
Sustainability and Environmental Protection LAP
AB 1482 (Gabriel D) Electric vehicle charging infrastructure: local publicly owned electric utilities.
Current Text: Amended: 3/20/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/20/2023
Status: 3/21/2023-Re-referred to Com. on U. & E.
Location: 3/9/2023-A. U. & E.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish, for local publicly owned electric utilities, an average service energization time for electric vehicle charging infrastructure of 125 business days, and would require local publicly
owned electric utilities to annually report certain information to the State Energy Resources Conservation and Development Commission (Energy Commission) regarding the service energization time for electric vehicle charging infrastructure projects. The bill would require the PUC and the Energy Commission, in consultation with electrical corporations and local publicly owned electric utilities, to jointly host an annual public workshop to review and evaluate the information submitted by electrical corporations under the PUC’s resolution and the information submitted by local publicly owned electric utilities, as required by the bill, and to revise, if needed, the average service energization time for electric vehicle charging infrastructure.
Position
AB 1567 (Garcia D) Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2023.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/9/2023-Referred to Coms. on W., P., & W. and NAT. RES.
Location: 3/9/2023-A. W.,P. & W.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters.This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2023, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,105,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. This bill contains other related provisions.
Position
ACA 2 (Alanis R) Public resources: Water and Wildfire Resiliency Act of 2023.
Current Text: Introduced: 12/5/2022 html pdf
Introduced: 12/5/2022
Status: 12/6/2022-From printer. May be heard in committee January 5.
Location: 12/5/2022-A. PRINT
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would establish the Water and Wildfire Resiliency Fund within the State Treasury, and would require the Treasurer to annually transfer an amount equal to 3% of all state revenues that may be appropriated as described from the General Fund to the Water and Wildfire Resiliency Fund. The measure would require the moneys in the fund to be appropriated by the Legislature and would require that 50% of the moneys in the fund be used for water projects, as specified, and that the other 50% of the moneys in the fund be used for forest maintenance and health projects, as specified.
Position
SB 867 (Allen D) Drought and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, and Park Creation and Outdoor Access Bond Act of 2023.
Current Text: Introduced: 2/17/2023 html pdf
Introduced: 2/17/2023
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 8. Noes 0.) (March 28). Re-referred to Com. on GOV. & F.
Location: 3/28/2023-S. GOV. & F.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Drought and Water Resilience, Wildfire and Forest Resilience, Coastal Resilience, Extreme Heat Mitigation, Biodiversity and Nature-Based Climate Solutions, Climate Smart Agriculture, and Park Creation and Outdoor Access Bond Act of 2023, which, if approved by the voters, would authorize the issuance of bonds in an unspecified amount pursuant to the State General
Obligation Bond Law to finance projects for drought and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate smart agriculture, and park creation and outdoor access programs.
Position
AB 573 (Garcia D) Organic waste: meeting recovered organic waste product procurement targets.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/8/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on NAT. RES.
Location: 3/16/2023-A. NAT. RES.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a certain reduction in statewide emissions of methane, including a goal of a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, that provide for, among other things, the calculation by the department of recovered organic waste product procurement targets for each local jurisdiction, and that may include penalties to be imposed by the department for noncompliance. This bill would require the department’s regulations to allow a local jurisdiction, until December 1, 2039, in procuring recovered organic waste products to meet the target procurement requirements, to use California-derived recovered organic waste that the local jurisdiction sends for processing at a facility or operation outside of the state that meets certain conditions, as provided.
Position
Transportation Issues LAP
AB 69 (Waldron R) Transportation: traffic signal synchronization: roadway improvement projects.
Current Text: Introduced: 12/9/2022 html pdf
Introduced: 12/9/2022
Status: 2/2/2023-Referred to Com. on TRANS.
Location: 2/2/2023-A. TRANS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The State Air Resources Board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Current law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.
Current law authorizes moneys in the fund to be allocated, as specified, for an investment in a traffic signal synchronization component that is part of a sustainable infrastructure project if the component is designed and implemented to achieve cost-effective reductions in greenhouse gas emissions and includes specific emissions reduction targets and metrics to evaluate the project’s effect. This bill would additionally authorize moneys in the fund to be allocated for an investment in a traffic signal synchronization component that is part of a roadway improvement project requiring multiple signals, including, but not limited to, multimodal redevelopment projects, rail trail projects, urban renewal projects, or a project near transit facilities, if the component is designed and implemented to achieve cost-effective reductions in greenhouse gas emissions and includes specific emissions reduction targets and metrics to evaluate the project’s effect.
Position
AB 295 (Fong, Vince R) Department of Transportation: maintenance projects.
Current Text: Introduced: 1/25/2023 html pdf
Introduced: 1/25/2023
Status: 2/9/2023-Referred to Com. on TRANS.
Location: 2/9/2023-A. TRANS.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would authorize the Department of Transportation to enter into agreements with local governmental entities, fire departments, fire protection districts, fire safe councils, and tribal entities to perform specified projects authorized by the department on roadways managed by the department, including activities related to roadside maintenance and the removal and clearing of material, as provided.
Position
AB 825 (Bryan D) Vehicles: bicycles on sidewalks.
Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 3/21/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (March 20). Re-referred to Com. on APPR.
Location: 3/21/2023-A. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined. The bill would require a person riding a bicycle upon a sidewalk to yield the right-of-way to pedestrians and to adhere to a 10-miles-per-hour speed limit. By creating a new crime, this bill would impose a state-mandated local program.
Position
SB 381 (Min D) Electric bicycles: study.
Current Text: Amended: 3/14/2023 html pdf
Introduced: 2/9/2023
Last Amend: 3/14/2023
Status: 3/29/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 28). Re-referred to Com. on APPR.
Location: 3/29/2023-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Mineta Transportation Institute at San Jose State University, in consultation with relevant stakeholders, to, on or before January 1, 2026, conduct a study on electric bicycles to inform efforts to improve the safety of users of the transportation system, and to submit a report of the findings from the study to the Legislature. The bill would require the study to examine, identify, and analyze available information regarding, among other things, data on injuries, crashes, emergency room visits, and deaths related to bicycles and electric bicycles and best practices for policy to promote safe use of electric bicycles.
Position
Water Supply and Conservation LAP
AB 1469 (Kalra D) Santa Clara Valley Water District.
Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/17/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on H. & C.D.
Location: 3/9/2023-A. H. & C.D.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. This bill would additionally authorize the district to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with cities, the County of Santa Clara, and the state, as appropriate, to provide solutions or improve outcomes for the unsheltered individuals.
Position
AB 939 (Pellerin D) Santa Clara Valley Water District.
Current Text: Introduced: 2/14/2023 html pdf
Introduced: 2/14/2023
Status: 3/2/2023-Referred to Com. on L. GOV.
Location: 3/2/2023-A. L. GOV.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district. The act authorizes the district to levy ad valorem taxes or assessments in the district to pay the general administrative costs and expenses of the district, to carry out the act’s objects or purposes, and to pay the costs and expenses of constructing or extending works within the district. The act additionally authorizes the district to levy taxes or assessments upon all property or all real property within a portion of the district for specified purposes. The act authorizes the district to issue bonds for specified purposes, and requires that the bonds be paid by revenue derived from those tax levies and assessments, except the ad valorem taxes or assessments.This bill would additionally authorize the district to use the revenues from the ad valorem taxes or assessments to pay for the bonds. This bill contains other related provisions and other existing laws.
Position
SB 3 (Dodd D) Discontinuation of residential water service: community water system.
Current Text: Amended: 3/9/2023 html pdf
Introduced: 12/5/2022
Last Amend: 3/9/2023
Status: 3/28/2023-Set for hearing April 10.
Location: 3/21/2023-S. APPR.
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Water Shutoff Protection Act prohibits an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, from discontinuing residential service for nonpayment, as specified, and requires specified procedures before it can discontinue residential service for nonpayment. Current law defines a community water system as a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. Current law requires an urban and community water system to have a written policy on discontinuation of residential service for nonpayment available in English, the specified languages in the Civil Code, and any other language spoken by at least 10% of the people residing in its service area. This bill would expand the scope of the Water Shutoff Protection Act by requiring that it instead apply to a community water system, defined to have the same meaning as existing law. The bill would require a community water system that supplies water to 200 service connections or fewer to comply with the act’s provisions on and after August 1, 2024.
Position
Total Measures: 66
Total Tracking Forms: 66
2023 Q1 Legislative Action Summary
Below is a summary of the actions that were taken during 2023 Q1 as they align with the City of Santa Clara’s 2022/2023 Legislative Advocacy Positions (LAPs), guiding principles for legislative advocacy, approved City policies (e.g. City Council Goals and Priorities), or Council action. The letters and bill analysis are attached to this document.
Council Pillar: Deliver and Enhance High-Quality Efficient Services and Infrastructure
• February 28, 2023 Letter of Support to Senators Dianne Feinstein and Alex Padilla and Congressman Ro Khanna RE: City of Santa Clara’s FY 2024 Federal Appropriations Request
• April 11, 2023 Letter of Support to Assemblymember Evan Low RE: City of Santa Clara’s 2023 State Budget Requests
• April 11, 2023 Letter of Support to State Senator Aisha Wahab RE: City of Santa Clara’s 2023 State Budget Requests
Council Policy: Resolution 20-8823 Support for Workers Cooperatives • March 29, 2023 Letter of support to State Budget Leadership RE: funding the Employee Ownership Hub within the Governor’s Office of Business and Economic Development
Housing LAP
• March 22, 2023 Letter of support to Assemblymember Ash Kalra RE: AB 1469 – Valley Water - Assisting Unsheltered People
Regional Issues and Collaboration LAP
• March 22, 2023 Letter of support to Governor’s Office of Planning and Research RE: Valley Water’s Adaption Planning Grant Application for San Tomas Aquino Creek Planning Study
Sustainability and Environmental Protection LAP
• December 12, 2022 Letter of Support to Majority Leader Charles Schumer and Minority Leader Mitch McConnelRE: Water Resources Development Act of 2022 as it related to the South San Francisco Bay Shoreline Project Water Supply and Conservation LAP
• February 21, 2023 Letter of support to Bureau of Reclamation RE: Valley Water’s San Jose-Santa Clara Purified Project Feasibility Study Application for Funding Assistance
• February 21, 2023 Letter of support to Bureau of Reclamation RE: South County Water Reuse Program Feasibility Study Application for Funding Assistance Multiple Legislative Priorities
• Bill analysis for March 9, 2023 Cities Association Legislative Action Committee Meeting
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
February 28, 2023
The Honorable Dianne Feinstein The Honorable Ro Khanna
United States Senate United States House of Representatives 331 Hart Senate Office Building 306 Cannon House Office Building Washington, DC 20510 Washington, DC 20515
The Honorable Alex Padilla
United States Senate
112 Hart Senate Office Building
Washington, DC 20510
Re: Support for the City of Santa Clara’s Fiscal Year 2024 Federal Appropriations Request Dear Senator Feinstein, Senator Padilla, and Congressman Khanna:
I am writing to express my strong support for the City of Santa Clara’s three community project requests for which we are seeking funding: Public Safety Communications Infrastructure Funding, Great America Parkway Congestion Relief and Multimodal Improvement Project, and Harrison St. and North Winchester Drive Storm Drain Flood Protection Project.
The City of Santa Clara is requesting funding for these projects as they will enhance regional public safety response, improve traffic congestion at a key regional intersection, and provide flood protection benefits to a Santa Clara neighborhood.
• Public Safety Communications Infrastructure Funding - The City is a member of a countywide organization dedicated to facilitating interoperable voice and data communications known as Silicon Valley Regional Interoperability Authority (SVRIA). This system operates on a P25 digital radio system that allows public safety entities throughout Santa Clara County interoperability in situations where a multi-jurisdictional response is necessary, such as severe storm, flooding, fires, earthquake, active shooter, mutual aid situations, and domestic terrorism. Critical incidents that have required the use of these radios include the Gilroy Garlic Festival and Valley Transportation Authority shootings. The City’s Police and Fire Departments also respond to the daily needs of the community, and routinely prepare to respond to critical incidents in the City, region, and throughout the state. In 2022, the Communications Center received 161,398 emergency and non-emergency calls for service. Many of the City’s portable and mobile radios are nearing the end of their serviceable life and are in need of replacement. As technology changes and new radio features are introduced, new radios are important to the City’s communication infrastructure as well as the regional success of SVRIA and the protection of the communities we serve.
Support for the City of Santa Clara’s Fiscal Year 2024 Federal Appropriations Request February 28, 2023
• Great America Parkway Congestion Relief and Multimodal Improvement Project - Great America Parkway/Mission College Blvd is a regionally significant intersection that connects the US-101 and State Route 237 freeways to key destinations in the heart of Silicon Valley, including: Levi’s Stadium, Santa Clara Convention Center, Great America Amusement Park, Mission College, as well as the headquarters of companies having a combined stock market capitalization of over $500 billion such as Intel, Advanced Micro Devices, Applied Materials, Chegg, and Marvell Technology. The project will improve roadways at the intersection through the installation of buffered bicycle lanes, new sidewalks, additional travel lanes, traffic signals modifications, and pavement improvements with the goal of reducing traffic congestion for 64,000 vehicles that currently use the intersection each day. The project was approved by the Santa Clara City Council to reduce traffic congestion anticipated by future development of over 20,000 housing units, 12 million square feet of office, and 2 million square feet of retail in the area. Over the next 20 years, the project is anticipated to save 22 million hours of time, 10,300 tons of greenhouse gas emissions, and 2.8 million gallons of fuel. These benefits achieve goals within the City’s General Plan, the Valley Transportation Authority Congestion Management Program, and the Metropolitan Transportation Commission Regional Transportation Plan/Sustainable Communities Strategy.
• Harrison St. and North Winchester Drive Storm Drain Flood Protection Project - The Harrison St. neighborhood east of San Tomas Aquino Creek and North Winchester Drive area is bounded by residential homes and commercial businesses. The affected areas are constantly experiencing flooding during annual storm events and the project is one of the highest priority flood protection storm drain system improvement projects identified in the City’s Storm Drain Master Plan. The project will meet current flood protection requirements by upsizing an existing storm drain system at Harrison St. in which approximately 3,200 linear feet of storm drain pipeline ranging in diameters between 12-inch and 21-inch will be improved. For the North Winchester Drive area, proposed work includes installation of approximately 500 feet of 12-inch storm drain pipelines and various catch basins and manholes. Hundreds of residents and businesses will benefit and receive flood protection from the project.
These projects are critical for Santa Clara and will provide long term benefits to residents, businesses, and visitors in the greater Silicon Valley region. For these reasons, I ask that you give positive consideration to the City’s requests for funding.
Sincerely,
Lisa M. Gillmor
Mayor, City of Santa Clara
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
April 11, 2023
The Honorable Evan Low
Assemblymember, 26th District
1021 O Street, Suite 8230
Sacramento, CA 95814
Re: 2023 State Budget Requests from the City of Santa Clara Dear Assemblymember Low:
On behalf of the City of Santa Clara, I want to express my enthusiasm about continuing to build a strong relationship between the City and your office.
As the State Legislature continues to evaluate funding priorities, as part of the FY 2023-24 Budget process, I am respectfully presenting a list of priority projects that the City would like to partner with you on.
Through discussions with City officials, the City has identified four priority projects that we believe would be worthy recipients of state funding given their significant local and regional impacts. As such, we seek to partner with you to secure funding in the 2023 State Budget. The funding requests have been placed in order of priority.
1. Regional Public Safety Interoperable Radio Communications Amount Requested: $2,500,000
Project Description: The City is a member of a countywide organization dedicated to facilitating interoperable voice and data communications known as Silicon Valley Regional Interoperability Authority (SVRIA). This system operates on a P25 digital radio system that allows public safety entities throughout Santa Clara County interoperability in situations where a multi-jurisdictional response is necessary, such as severe storm, flooding, fires, earthquake, active shooter, mutual aid situations, and domestic terrorism. Critical incidents that have required the use of these radios include the Gilroy Garlic Festival and Valley Transportation Authority shootings. This two-way radio infrastructure is also critical in managing large-scale events at Levi's Stadium as local, state and federal law enforcement is necessary to carry out each major event at this venue.
The City’s Police and Fire Departments respond to the daily needs of the community, and routinely prepare to respond to critical incidents in the City, region, and throughout the state.
In 2022, the Communications Center received 161,398 emergency and non-emergency calls for service. Many of the City’s portable and mobile radios are nearing the end of their serviceable life and are in need of replacement. This request, if funded, would allow the City to secure a significant portion of the radios that need replacing.
City of
Santa Clara
Tho Ccntor of Whan Posslb ..
The Honorable Evan Low
2023 State Budget Requests from the City of Santa Clara March 23, 2023
2. Cupertino-Santa Clara On-Demand Micro-Transit Shuttle Project Amount Requested: $2,500,000
Project Description: The City of Santa Clara is partnering with the City of Cupertino to implement an on-demand micro-transit shuttle project to serve those who live and work in Cupertino and Santa Clara. With support from a California State Transportation Agency State Transit and Intercity Rail Capital Program (TIRCP) grant, the goal is to continue Cupertino’s existing On-Demand Micro-Transit Shuttle program and expand service into Santa Clara with a fleet of zero-emissions vehicles. Service is being designed to focus on offering improved and affordable connections between local Caltrain, Amtrak, VTA stations to job centers and other key destinations in Cupertino and Santa Clara while providing increased transit access for disadvantaged communities, high poverty zones, and senior populations.
3. Great America Parkway Congestion Relief and Multimodal Improvements Project Amount Requested: $2,500,000
Project Description: This project will relieve congestion and improve the City’s multimodal environment by constructing bicycle facilities and travel lane and traffic signal improvements at a major intersection in the North Santa Clara area. The project is located at the intersection of Great America Parkway and Mission College Boulevard and connects the US-101 and State Route 237 freeways to key destinations in the heart of Silicon Valley, including Levi's Stadium (1.1 million visitors in 2019), the Santa Clara Convention Center (318,000 visitors in 2019), Great America Amusement Park (1.5 million visitors in 2019), Mission Community College (serves over 10,000 students), Mercado Shopping Center (over 200,000 square feet of retail), as well as the headquarters of major companies like Intel, Advanced Micro Devices, Applied Materials, Marvell Technology, and Chegg. In addition to serving these destinations, the City is working on Long Range Plans to add over 20,000 housing units, 12 million square feet of office space, and 2 million square feet of retail in the North Santa Clara area that is served by this intersection. This project will improve safety and increase mobility for all users of this major transportation corridor in Santa Clara.
4. SC Overnight Care Locations
Amount Requested: $1,800,000
Project Description: Unprecedented weather events of the past year have amplified the need for the City to address basic needs of people living outside for shelter, health, and hygiene. While the City opens warming/cooling centers in City facilities during normal business hours, there is a need to extend hours to include overnight hours. Modeled after the OWL (Overnight Warming Location) Program in San Jose, this project seeks to establish up to two sites in Santa Clara where the unhoused will have a safe place to gain respite from inclement weather conditions, address immediate needs for food and access support services. The City recently drafted a Homelessness Response Plan which has identified this gap in service as a critical need. While the City is piloting a mobile shower and laundry service and works collaboratively with local non-profits to provide support services, there is currently no overnight shelter or emergency interim housing in Santa Clara. Consequently, the basic needs, health, and welfare of unhoused individuals in Santa Clara are going unmet.
This project would fund the initial investment to launch pop-up emergency overnight facilities, fund a dedicated street and encampment outreach team and staff overnight care locations for a two-year period. Funding would also be used to explore partnerships with The Honorable Evan Low
2023 State Budget Requests from the City of Santa Clara March 23, 2023
Valley Water, the County, Caltrans, railroads, businesses, nonprofits, faith-based and volunteer organizations to leverage funding, facilities, expertise and staffing to manage the impacts of encampments and support clean-up activities near encampments, parks, creeks and other locations in the City in an effort to create a more comprehensive homelessness response.
I am optimistic that these project requests align with state goals and would be a worthy investment of state funds. Thank you for your consideration.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
April 11, 2023
The Honorable Aisha Wahab
State Senator, 10th District
1021 O Street, Suite 6530
Sacramento, CA 95814
Re: 2023 State Budget Requests from the City of Santa Clara Dear Senator Wahab:
On behalf of the City of Santa Clara, I want to express my enthusiasm about continuing to build a strong relationship between the City and your office.
As the State Legislature continues to evaluate funding priorities, as part of the FY 2023-24 Budget process, I am respectfully presenting a list of priority projects that the City would like to partner with you on.
Through discussions with City officials, the City has identified four priority projects that we believe would be worthy recipients of state funding given their significant local and regional impacts. As such, we seek to partner with you to secure funding in the 2023 State Budget. The funding requests have been placed in order of priority.
1. Regional Public Safety Interoperable Radio Communications Amount Requested: $2,500,000
Project Description: The City is a member of a countywide organization dedicated to facilitating interoperable voice and data communications known as Silicon Valley Regional Interoperability Authority (SVRIA). This system operates on a P25 digital radio system that allows public safety entities throughout Santa Clara County interoperability in situations where a multi-jurisdictional response is necessary, such as severe storm, flooding, fires, earthquake, active shooter, mutual aid situations, and domestic terrorism. Critical incidents that have required the use of these radios include the Gilroy Garlic Festival and Valley Transportation Authority shootings. This two-way radio infrastructure is also critical in managing large-scale events at Levi's Stadium as local, state and federal law enforcement is necessary to carry out each major event at this venue.
The City’s Police and Fire Departments respond to the daily needs of the community, and routinely prepare to respond to critical incidents in the City, region, and throughout the state.
In 2022, the Communications Center received 161,398 emergency and non-emergency calls for service. Many of the City’s portable and mobile radios are nearing the end of their serviceable life and are in need of replacement. This request, if funded, would allow the City to secure a significant portion of the radios that need replacing.
City of
Santa Clara
Tho Ccntor of Whan Posslb ..
The Honorable Aisha Wahab
2023 State Budget Requests from the City of Santa Clara April 11, 2023
2. Cupertino-Santa Clara On-Demand Micro-Transit Shuttle Project Amount Requested: $2,500,000
Project Description: The City of Santa Clara is partnering with the City of Cupertino to implement an on-demand micro-transit shuttle project to serve those who live and work in Cupertino and Santa Clara. With support from a California State Transportation Agency State Transit and Intercity Rail Capital Program (TIRCP) grant, the goal is to continue Cupertino’s existing On-Demand Micro-Transit Shuttle program and expand service into Santa Clara with a fleet of zero-emissions vehicles. Service is being designed to focus on offering improved and affordable connections between local Caltrain, Amtrak, VTA stations to job centers and other key destinations in Cupertino and Santa Clara while providing increased transit access for disadvantaged communities, high poverty zones, and senior populations.
3. Great America Parkway Congestion Relief and Multimodal Improvements Project Amount Requested: $2,500,000
Project Description: This project will relieve congestion and improve the City’s multimodal environment by constructing bicycle facilities and travel lane and traffic signal improvements at a major intersection in the North Santa Clara area. The project is located at the intersection of Great America Parkway and Mission College Boulevard and connects the US-101 and State Route 237 freeways to key destinations in the heart of Silicon Valley, including Levi's Stadium (1.1 million visitors in 2019), the Santa Clara Convention Center (318,000 visitors in 2019), Great America Amusement Park (1.5 million visitors in 2019), Mission Community College (serves over 10,000 students), Mercado Shopping Center (over 200,000 square feet of retail), as well as the headquarters of major companies like Intel, Advanced Micro Devices, Applied Materials, Marvell Technology, and Chegg. In addition to serving these destinations, the City is working on Long Range Plans to add over 20,000 housing units, 12 million square feet of office space, and 2 million square feet of retail in the North Santa Clara area that is served by this intersection. This project will improve safety and increase mobility for all users of this major transportation corridor in Santa Clara.
4. SC Overnight Care Locations
Amount Requested: $1,800,000
Project Description: Unprecedented weather events of the past year have amplified the need for the City to address basic needs of people living outside for shelter, health, and hygiene. While the City opens warming/cooling centers in City facilities during normal business hours, there is a need to extend hours to include overnight hours. Modeled after the OWL (Overnight Warming Location) Program in San Jose, this project seeks to establish up to two sites in Santa Clara where the unhoused will have a safe place to gain respite from inclement weather conditions, address immediate needs for food and access support services. The City recently drafted a Homelessness Response Plan which has identified this gap in service as a critical need. While the City is piloting a mobile shower and laundry service and works collaboratively with local non-profits to provide support services, there is currently no overnight shelter or emergency interim housing in Santa Clara. Consequently, the basic needs, health, and welfare of unhoused individuals in Santa Clara are going unmet.
This project would fund the initial investment to launch pop-up emergency overnight facilities, fund a dedicated street and encampment outreach team and staff overnight care locations for a two-year period. Funding would also be used to explore partnerships with The Honorable Aisha Wahab
2023 State Budget Requests from the City of Santa Clara April 11, 2023
Valley Water, the County, Caltrans, railroads, businesses, nonprofits, faith-based and volunteer organizations to leverage funding, facilities, expertise and staffing to manage the impacts of encampments and support clean-up activities near encampments, parks, creeks and other locations in the City in an effort to create a more comprehensive homelessness response.
I am optimistic that these project requests align with state goals and would be a worthy investment of state funds. Thank you for your consideration.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov The Honorable Phil Ting The Honorable Vince Fong
Chair, Assembly Budget Committee Vice Chair, Assembly Budget Committee 1021 O Street, Suite 8230 1021 O Street, Suite 4630
Sacramento, CA 95814 Sacramento, CA 95814
The Honorable Nancy Skinner The Honorable Roger Niello
Chair, Senate Budget Committee Vice Chair, Senate Budget Committee 1021 O Street, Suite 8630 1021 O Street, Suite 7110
Sacramento, CA 95814 Sacramento, CA 95814
March 29, 2023
RE: Request for $5 million to fund the recently-established Employee Ownership Hub within the Governor’s Office of Business and Economic Development.
Dear California Legislative Budget Leadership,
On behalf of the City of Santa Clara, I write in support of a request for a one-time budget allocation of $5 million to fund the recently-established Employee Ownership Hub within the Governor’s Office of Business and Economic Development which was created in 2022 through the passage of SB 1407, the California Employee Ownership Act.
The Employee Ownership Hub will help establish the infrastructure necessary to increase employee ownership throughout California. As the Legislature prepares for a potential budget shortfall, it is vital that we remain steadfast in the commitment to bolster local economies and protect jobs. This $5 million investment will not only help develop more wealth building opportunities, but will create more resiliency in the economy. Research shows that worker-owned businesses are less likely to lay off workers, and more prepared to pivot business strategy, during downturns. Employee-owned firms were four times more likely to retain jobs at the height of the COVID-19 pandemic. This trend of business resiliency has held true over multiple past recessions. With wide-reaching worker ownership, more businesses would be able to weather the storm of economic stagnation. Investment in employee ownership can serve as a key element of California’s strategy for economic resilience, and a safety net for our state’s small businesses.
Employee-owned businesses, commonly formed as worker cooperatives (co-ops) or Employee Stock Ownership Plans (ESOPs), provide proven benefits including stronger business performance, and quality jobs and wealth building opportunities for employees. Expanding employee ownership benefits businesses, workers, and local economies.
There is no better time for California to embrace employee ownership to preserve small businesses.
According to national surveys, 79% of business owners want to retire within 10 years, 60% in less than 5 years, and 33% in less than 3 years. Without intervention, many of these businesses will close.
Only 15% of businesses successfully transition to the next generation in the family. Most business owners who attempt to sell are not able to, with only 20% of commercial listings actually selling.
Rather than closing for good or selling to large, out-of-state buyers, small business owners can find willing buyers in the people who work alongside them every day & know their businesses best: their City of
Santa Clara
The Center of What's Possible
Re: Request for $5 million to fund the recently-established Employee Ownership Hub within the Governor’s Office of Business and Economic Development.
March 29, 2023
workers. Doing so will anchor essential production and services in communities, protect livelihoods, avert layoffs, and save the State money.
Investment in employee ownership can also serve as a component of California’s strategy to close the racial wealth gap. The average Black and Latino household in the United States holds only fifteen to twenty percent of the wealth of the average white household. Alarmingly, this racial wealth gap has been widening over the last decades rather than shrinking. California needs to take bold action to address the racial wealth gap, and investment in employee ownership can be part of the plan. Research shows that employee ownership narrows the racial wealth gap, with Black and Latino workers at employee-owned firms building on average tens of thousands of dollars more in wealth than the average U.S. worker.
Building on provisions in the 2022 Budget, and recent recommendations from state entities such as The Little Hoover Commission’s recent report, First Steps toward Recovery: Saving Small Businesses, we respectfully submit the following for consideration in the 2023-24 Budget:
Employee Ownership Hub – $5M to fund for three years the newly created Employee Ownership Hub within the Governor’s Office of Business and Economic Development. The Hub will provide support and align the work of various state agencies in support of broad-based employee ownership.
Despite its long-proven benefits, awareness of employee ownership remains low. Funding the Employee Ownership Hub is critical to sharing information on and reducing barriers to employee ownership, thus maximizing benefits for California workers, businesses, and local economies.
Workers becoming owners creates opportunities for wealth-building, community stability, as well as union partnership, and helps California create a more inclusive, equitable and stable economy fit for the 21st century. We appreciate your consideration of these evidence-based recommendations for this year's proposed budget.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
March 22, 2023
The Honorable Ash Kalra
Member, California State Assembly
State Capitol, 1020 O Street, Suite 4610
Sacramento, CA 95814
Subject: AB 1469 (Kalra) Valley Water – Assisting Unsheltered People – SUPPORT Dear Assemblymember Kalra:
On behalf of the City of Santa Clara, I would like to express our strong support for AB 1469, which makes changes to the Santa Clara Valley Water District Act to allow the agency to do more to assist unsheltered people living along creeks and streams, including providing housing or improved outcomes for unsheltered individuals.
Santa Clara County is currently experiencing unprecedented increases in the number of unhoused people taking refuge along waterways that run through neighborhoods, parks, and open spaces, as well as through commercial districts and industrial areas. As the regional agency responsible for water supply, flood protection, and the environmental stewardship of creeks and streams, the Santa Clara Valley Water District (Valley Water) owns hundreds of miles of property along waterways as well as other public lands. These locations are a preferred refuge for unsheltered people because of their proximity to surface water and the sheltering effects of riparian vegetation, canyons, and creek banks.
Valley Water estimated in February 2023 that more than 2,000 unsheltered people were taking refuge on the agency’s properties and easements.
AB 1469 (Kalra) would provide Valley Water with the statutory authorization to use its land and a portion of its general tax revenue to humanely assist unsheltered people living along waterways to provide outreach, transitional housing, or other supportive services through contracts with cities, the County, or non-governmental organizations. The goal is to bring more resources to the table to facilitate solutions to serious environmental and operational impacts of large numbers of unsheltered people living along creeks and streams.
The City of Santa Clara strongly supports AB 1469 because it will enable Valley Water to do more to assist unsheltered people taking refuge along waterways, provide more resources to support the efforts of cities, the County, and non-governmental organizations to address the homelessness crisis in our region, and will give Valley Water the tools it needs to improve water quality and protect sensitive, threatened, and endangered species. We urge the Legislature and the Governor to enact this important legislation.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of
Santa Clara
Tho Ccntor of Whan Posslb ..
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
March 22, 2023
The Honorable Ash Kalra
Member, California State Assembly
State Capitol, 1020 O Street, Suite 4610
Sacramento, CA 95814
Subject: AB 1469 (Kalra) Valley Water – Assisting Unsheltered People – SUPPORT Dear Assemblymember Kalra:
On behalf of the City of Santa Clara, I would like to express our strong support for AB 1469, which makes changes to the Santa Clara Valley Water District Act to allow the agency to do more to assist unsheltered people living along creeks and streams, including providing housing or improved outcomes for unsheltered individuals.
Santa Clara County is currently experiencing unprecedented increases in the number of unhoused people taking refuge along waterways that run through neighborhoods, parks, and open spaces, as well as through commercial districts and industrial areas. As the regional agency responsible for water supply, flood protection, and the environmental stewardship of creeks and streams, the Santa Clara Valley Water District (Valley Water) owns hundreds of miles of property along waterways as well as other public lands. These locations are a preferred refuge for unsheltered people because of their proximity to surface water and the sheltering effects of riparian vegetation, canyons, and creek banks.
Valley Water estimated in February 2023 that more than 2,000 unsheltered people were taking refuge on the agency’s properties and easements.
AB 1469 (Kalra) would provide Valley Water with the statutory authorization to use its land and a portion of its general tax revenue to humanely assist unsheltered people living along waterways to provide outreach, transitional housing, or other supportive services through contracts with cities, the County, or non-governmental organizations. The goal is to bring more resources to the table to facilitate solutions to serious environmental and operational impacts of large numbers of unsheltered people living along creeks and streams.
The City of Santa Clara strongly supports AB 1469 because it will enable Valley Water to do more to assist unsheltered people taking refuge along waterways, provide more resources to support the efforts of cities, the County, and non-governmental organizations to address the homelessness crisis in our region, and will give Valley Water the tools it needs to improve water quality and protect sensitive, threatened, and endangered species. We urge the Legislature and the Governor to enact this important legislation.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of
Santa Clara
Tho Ccntor of Whan Posslb ..
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
March 22, 2023
Abby Edwards
Adaptation Planning Grant Program Manager
Governor’s Office of Planning and Research
1400 10th St #100
Sacramento, CA 95814
Subject: Letter of Support for Valley Water’s Adaptation Planning Grant Application for San Tomas Aquino Creek Planning Study
Dear Ms. Edwards,
I am writing to express the City of Santa Clara’s support for the Santa Clara Valley Water District’s (Valley Water) application for a $350,000 Adaptation Planning Grant to conduct a planning study on San Tomas Aquino Creek. The planning study will be conducted along a segment of San Tomas Aquino Creek in the City of Santa Clara, between Highway 101 to Highway 237. The purpose of this study is to seek sustainable solutions for flood risk reduction.
As part of Valley Water’s Safe, Clean Water and Natural Flood Protection Program, Project F8 (“Sustainable Creek Infrastructure for Continued Public Safety”) evaluated a variety of creeks and prioritized the creeks based on factors, including flood risk, deteriorating infrastructure, and operations and maintenance. It was determined that a project for San Tomas Aquino Creek should be undertaken as priority number one, with emphasis on specific reaches from the San Francisco Bay to the Wildcat Creek confluence. As the Mayor representing the city that would benefit from additional flood risk reduction measures, I offer my full support for a planning study for this project.
Currently, Valley Water has undertaken an aggressive and expensive sediment and vegetation removal program downstream of Highway 237 to maintain conveyance upstream of Highway 237 to its level of service. The proposed planning study will research and develop a more holistic approach to address concerns throughout the channel to reduce flood risk and meet Federal Emergency Management Agency (FEMA) standards, stabilize the channel to minimize maintenance costs, consider the effects of sea level rise, and rehabilitate aging infrastructure in the most cost-effective manner, and will ultimately benefit Santa Clara residents and the greater San Francisco Bay Area community.
The City of Santa Clara is pleased to support Valley Water on this important grant application and planning study, and we respectfully request that you favorably consider Valley Water’s grant application for the San Tomas Aquino Creek Planning Study.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● www.SantaClaraCA.gov Mayor
Lisa M. Gillmor
Councilmembers
Kathy Watanabe, District 1
Raj Chahal, District 2
Karen Hardy, District 3
Kevin Park, District 4
Suds Jain, District 5
Anthony J. Becker, District 6
December 12, 2022
The Honorable Charles Schumer
Majority Leader
United States Senate
The Honorable Mitch McConnell
Minority Leader
United States Senate
Dear Majority Leader Schumer and Minority Leader McConnell, On behalf of the City of Santa Clara, I am writing to express our support for the passage of the Water Resources Development Act of 2022 (WRDA).
This legislation includes a critical provision to support the South San Francisco Bay Shoreline Project (Shoreline Project). The Shoreline Project was originally authorized in WRDA 2014, and at that time, it was the first in the nation to incorporate sea level rise into its design and analysis. With each passing year, we experience more extreme weather and rising tides, which have amplified the urgency to deliver flood risk reduction to the area along the South San Francisco shoreline. We are committed to ensuring that the surrounding community there is provided with the protections that it needs and deserves. In this regard, we applaud the Administration’s goals of combating climate change and advancing equity. However, institutional barriers within the federal system threaten to keep this community down. The language in WRDA 2022 will help to raise this community up.
We strongly support congressional action to maintain WRDA’s biannual schedule, and we urge a final vote on this legislation before the end of the 117th Congress.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
Cc: The Honorable Tom Carper, Chair, Senate Environment & Public Works Committee The Honorable Shelley Moore Capito, Ranking Member, Senate Environment & Public Works Committee
The Honorable Dianne Feinstein, United States Senate
The Honorable Alex Padilla, United States Senate
City of
Santa Clara
The Center of What's Possible
February 21, 2023
Bureau of Reclamation
Financial Assistance Operations Section
Attn: NOFO Team
P.O. Box 25007, MS 84-27133
Denver, Colorado 80225
City Manager's Office
Subject: Letter of Support for Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study Application for Funding Assistance under WaterSmart: Water Recycling and Desalination Planning (NOFO No.
R23AS00076)
Dear Application Review Committee members:
The City of Santa Clara ardently supports the application that Santa Clara Valley Water District (Valley Water) is submitting on behalf of our communities in northern Santa Clara County, California, to seek financial assistance through the Bureau of Reclamation's WaterSMART Water Recycling and Desalination Planning funding opportunity for Fiscal Year 2023.
Santa Clara has worked with Valley Water (the county's primary water resources agency) for decades to develop recycled water to offset use of the potable water supply. The City of Santa Clara has supported the implementation and operation of the Silicon Valley Advanced Water Purification Center and the South Bay Water Recycling system for the expansion of nonpotable supply, and actively participated in the Countywide Water Reuse Master Plan (CoRe Plan) effort completed by Valley Water in 2021.
This grant would provide an opportunity to evaluate the feasibility of further expanding reuse for our Silicon Valley communities and improve reliability through a drought-resilient supply. Current state regulations enable communities to use recycled water for drinking via a reservoir or aquifer, and in 2023, the State Water Board will establish direct potable reuse regulations that will allow suppliers to distribute recycled water without first putting the water into a reservoir or aquifer.
Water reuse planning would begin with the development of a Collaborative Agreement presenting a scope of water reuse projects and/or capital improvements that would support each agency's goals to improve water supply reliability. The Agreement would describe an approach to share costs for joint recycled water projects and capital improvements; assign responsibility to operate and maintain facilities; recommend to our respective governing bodies how we can improve our current governance structure related to their joint recycled water 1500 Warburton Avenue • Santa Clara, CA 95050 • Phone: 408-615-2210 • Fax: 408-241-6771 • SantaClaraCA.gov Bureau of Reclamation Financial Assistance Operations Section Re: Letter of Support for Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study Application for Funding Assistance (NOFO No. R23AS00076) February 21 , 2023
efforts; and set forth a fair process to resolve disputes. The Feasibility Study would then begin by updating the 2021 CoRe Plan to reflect existing conditions. Financial support for the development of the Feasibility Study is needed.
The City of Santa Clara is in full support of the development of Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study and agrees with Valley Water that regional solutions are needed to build drought resilience.
Sincerely,
Office of the City Manager
City of Santa Clara
City of
Santa Clara
The Center of What's Possible
February 21, 2023
Bureau of Reclamation
Financial Assistance Operations Section
Attn: NOFO Team
P.O. Box 25007, MS 84-27133
Denver, Colorado 80225
City Manager's Office
Subject: Funding Commitment Letter for Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study Application for Funding Assistance under WaterSmart: Water Recycling and Desalination Planning (NOFO No.
R23AS00076)
Dear Application Review Committee members:
The City of Santa Clara is submitting this letter documenting its funding commitment in support of the San Jose-Santa Clara Purified Water Project Feasibility Study grant application submitted to the Bureau of Reclamation's WaterSMART Water Recycling and Desalination Planning funding opportunity for Fiscal Year 2023.
The City of Santa Clara is in full support of the development of Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study and agrees with Valley Water that regional solutions are needed to build drought resilience. The City of Santa Clara has worked with Valley Water (the county's primary water resources agency) since 1992 to develop recycled water to offset use of the potable water supply.
• The amount of funding commitment - We are committed to providing staff support equating to a value of $27,000 to continue ongoing water reuse planning efforts and evaluate the feasibility of further expanding reuse for our Silicon Valley communities and improve reliability through a drought-resilient supply.
• The date the funds will be available to the applicant - Our in-kind staff support will be available upon execution of the grant agreement between Valley Water and Reclamation, estimated to be October 2023.
• Any time constraints on the availability of funds - Our in-kind staff support will continue through the 24-month duration of developing the feasibility study. 1500 Warburton Avenue • Santa Clara, CA 95050 • Phone: 408-615-2210 • Fax: 408-241-6771 • SantaClaraCA.gov Bureau of Reclamation Financial Assistance Operations Section Re: Funding Commitment Letter for Valley Water's San Jose-Santa Clara Purified Water Project Feasibility Study Application for Funding Assistance (NOFO No. R23AS00076) February 21, 2023
• Any other contingencies associated with the funding commitment - No other contingencies apply.
Thank you for your consideration.
Sincerely,
Office of the City Manager
City of Santa Clara
City of
Santa Clara
The Center of What's Possible
February 21, 2023
Bureau of Reclamation
Financial Assistance Operations Section
Attn: NOFO Team
P.O. Box 25007, MS 84-27133
Denver, Colorado 80225
City Manager's Office
Subject: Letter of Support for the South County Water Reuse Program Feasibility Study Application for Funding Assistance under WaterSmart: Water Recycling and Desalination Planning
(NOFO No. R23AS00076)
Dear Application Review Committee members:
The City of Santa Clara ardently supports the application that Santa Clara Valley Water District (Valley Water) is submitting on behalf of communities in southern Santa Clara County, California, to seek financial assistance through the Bureau of Reclamation's WaterSMART Water Recycling and Desalination Planning funding opportunity for Fiscal Year 2023.
Alongside representatives from the County, the City of Santa Clara participated in the Countywide Water Reuse Master Plan (CoRe Plan) effort completed by Valley Water in 2021 and understands the need to improve water supply reliability and groundwater sustainability for communities in southern Santa Clara County. The southern portion of the county depends solely on groundwater for drinking water, and water reuse is expected to become an integral component of Valley Water's water supply portfolio in the future.
This grant would provide an opportunity to evaluate the feasibility of furth_er expanding water reuse for South County communities and improving water supply reliability through a droughtresilient supply. Current regulations enable communities to use recycled water for drinking via a reservoir or aquifer, and in 2023, the State Water Board will establish direct potable reuse regulations that will allow suppliers to distribute recycled water without first putting it into a reservoir or aquifer.
The South County Water Reuse Program Feasibility Study would involve revision of the South Santa Clara County Recycled Water Master Plan Implementation - Determination of Feasibility Report to reflect existing conditions based on progress made since 2009. The Feasibility Study would also evaluate opportunities to develop recycled or purified water for the City of Morgan Hill through either a centralized or decentralized (satellite) treatment facility, as well as 1500 Warburton Avenue • Santa Clar a, CA 95050 • Phone: 408-615-2210 • Fax: 408-241-6771 • SantaClaraCA.gov Bureau of Reclamation Financial Assistance Operations Section Re: Letter of Support for the South County Water Reuse Program Feasibility Study Application for Funding Assistance (NOFO No. R23AS00076)
February 21 , 2023
opportunties to develop purified water for Gilroy. Financial support for the development of the Feasibility Study is needed.
The City of Santa Clara is in full support of the development of the South County Water Reuse Program Feasibility Study and agrees with Valley Water that regional solutions are needed to build drought resilience.
Sincerely,
Office of the City Manager
City of Santa Clara
1 March 9, 2023 Cities Association
Legislative Action Committee – Bill Analysis
Legislative Action Committee Meeting
Item 3. Valley Water Bills
Bill Number Summary Recommended
Position
Legislative Priority Alignment
AB 939
(Pellerin)
This bill would authorize
Santa Clara Valley Water
District to utilize revenue
from ad valorem taxes or
assessments to help pay
for bonds issued by the
District. Additionally, the
bill would allow the District
to repay bonds from net
revenues, as opposed to
gross revenues, of its
water system. The bill also
makes additional changes
to the District’s enabling
act related to borrowing
limits, extending existing
director compensation
levels, and other minor
changes.
Support Water Supply and Conservation
LAP: Support efforts to
establish alternative funding
sources for water infrastructure
and improved water quality
projects.
AB 1469
(Kalra)
This bill would authorize
Santa Clara Valley Water
District to assist
unsheltered people living
along streams, in riparian
corridors, or otherwise
within the district’s
jurisdiction, in consultation
with cities and Santa Clara
County, to provide
solutions or improve
outcomes for unsheltered
individuals.
Support Housing LAP: Support
legislation and efforts that
provide resources to address
the needs of the most
vulnerable residents through
shelter, supportive housing, and
homelessness prevention
services.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-340 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Stadium Authority Bills and Claims for the Month of February 2023
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Santa Clara Stadium Authority (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 March 27, 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 be performed in compliance with applicable laws, including the City Code. Since March 27, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.
At the March 15, 2022, Stadium Authority Board meeting, the Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses upon adequate documentation for costs. Subsequent to that direction, Stadium Authority staff met with the Stadium Manager on April 12, 2022 to review documentation for shared expenses. Following meetings with the Stadium Manager, payments related to compensation that were reviewed and approved were included in the May monthly payment.
Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget, except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease. The Stadium Authority maintains the right to confirm and dispute submitted charges from the 2021-22 fiscal year and subsequent years during a fiscal-year-end true-up. This is primarily done to address any concerns regarding improper allocation, calculation, lack of support, or failure to comply with the applicable contracts or law, among other reasons. The Stadium Authority may raise such questions with respect to any charge at any time before a fiscal year-end true-up and the Stadium City of Santa Clara Page 1 of 4 Printed on 4/13/2023
powered by Legistar™
23-340 Agenda Date: 4/18/2023
Manager must assess and respond to such questions in good faith.
Expenses paid in February 2023 include:
· Payments totaling $186,242.91 to the City of Santa Clara for the following:
o $154,904.01 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 $31,338.90 for the Senior and Youth Fees collected ($0.35 per ticket) for two National Football League (NFL) games.
· Payment totaling $1,066,446.98 to Forty Niners Stadium Management Co, LLC for the following:
o $207,406.00 for February 2023 Stadium Manager Expenses - Security o $72,880.00 for February 2023 Stadium Manager Expenses - Stadium Ops o $174,077.00 for February 2023 Stadium Manager Expenses - Engineering o $218,053.00 for February 2023 Stadium Manager Expenses - Guest Services o $31,302.00 for February 2023 Stadium Manager Expenses - Grounds o $240,624.00 for February 2023 Stadium Manager Expenses - SBL Sales & Service o $41,463.00 for February 2023 Stadium Manager Expenses - Insurance o $32,497.00 for February 2023 Stadium Manager Expenses - Utilities o $3,831.98 for February 2023 Stadium Manager Expenses - Use of StadCo Tenant Improvements
o $8,333.00 for February 2023 Stadium Manager Expenses - Lender Fees o $25,774.64 for CapEx Project - Security 24/7 Gate C Employee Entrance Booth o $348.15 for CapEx Project - Stadium Insulation
o $234.21 for CapEx Project - Cooling Towers
o $803.91 for CapEx Project - Lift Station
o $329.16 for CapEx Project - Plumbing (PRVs)
o $240.54 for CapEx Project - Broadcast Booth Power
o $284.85 for CapEx Project - North East Lobby Security Desk Enhancements o $259.53 for CapEx Project - Security Screening Locations o $272.19 for CapEx Project - LED Retrofit Project - Exterior Luminaire Light Fixtures o $284.85 for CapEx Project - Updated Stadium Wayfinding Signage o $1,057.07 for CapEx Project - CO2 Monitoring & Sensors for Code Compliance o $594.32 for CapEx Project - Variable Frequency Drive(s) o $549.59 for CapEx Project - Variable Frequency Drive(s) o $305.98 for CapEx Project - Broadcast Booth Power
o $316.67 for CapEx Project - Broadcast Booth Power
o $2,108.71 for CapEx Project - Kitchen Exhaust Fans
o $549.59 for CapEx Project - Kitchen Exhaust Fans
o $305.98 for CapEx Project - North East Lobby Security Desk Enhancements o $305.98 for CapEx Project - Security Screening Locations o $504.49 for CapEx Project - Radio Booth Cabling
o $549.59 for CapEx Project - CO2 Monitoring & Sensors for Code Compliance · Payment totaling $2,268.60 to Armanino Solutions, LLC for FMS - eOne Popdock Annual Subscription for GP (2023)
City of Santa Clara Page 2 of 4 Printed on 4/13/2023
powered by Legistar™
23-340 Agenda Date: 4/18/2023
· Payment totaling $875.00 to ECS Imaging, Inc. for SBL - Ongoing Processing (October 2022 - January 2023)
· Payment to Hanson Bridgett LLP for Legal Services (December 2022) · Payment totaling $24,181.01 to InTWO, Inc. for the following:
o $3,221.00 for CapEx Project - FMS Project
o $3,221.00 for CapEx Project - FMS Project
o $3,221.00 for FMS Monthly Services (May 2022)
o $3,221.00 for FMS Monthly Services (June 2022)
o $3,221.00 for FMS Monthly Services (July 2022)
o $3,221.00 for FMS Monthly Services (August 2022)
o $4,855.01 for FMS Monthly Services (January 2023)
· Payment to Jeffer Mangels Butler & Mitchell LLP for Legal Services (November 2022) · Payment totaling $477.96 to LN Curtis & Sons for CapEx Project - PPE Replacement (Nomex Bottoms)
· Payment totaling $1,285.00 to M. Arthur Gensler Jr. & Associates, Inc for the following:
o $760.00 for CapEx Project - Smoke Evacuation System - Fire Smoke Curtain Replacement
o $525.00 for CapEx Project - Overhead Doors, Motors, Sensors, and Track Replacements
· Payment totaling $48,538.73 to Mamava Inc for CapEx Project - Private Lactation Spaces · Payments totaling $16,152.50 to Wilson Ihrig for the following:
o $12,997.50 for Stadium Noise Monitoring Services (November 2022 - December 2022) o $3,155.00 for Stadium Noise Monitoring Services (January 2023)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The fiscal impact to the Stadium Authority is itemized above.
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 2023.
City of Santa Clara Page 3 of 4 Printed on 4/13/2023
powered by Legistar™
23-340 Agenda Date: 4/18/2023
Reviewed by: Kenn Lee, Treasurer
Approved by: Office of the Executive Director
ATTACHMENTS
1. February 2023 SCSA Bills and Claims
City of Santa Clara Page 4 of 4 Printed on 4/13/2023
powered by Legistar™
Payment Date Vendor Invoice No. Description Fund Amount 2/15/2023 Bank of America N/A January 2023 Bank Fees (Account 0444) CapEx 1,344.16 2/15/2023 Bank of America N/A January 2023 Bank Fees (Account 0425) Operating 252.85 1,597.01
2/3/2023 City of Santa Clara N/A B2226 SCSA Admin Payroll Costs Operating 53,245.30 2/3/2023 City of Santa Clara N/A Senior/Youth Fees for NFL Game 10 Operating 24,343.20 2/3/2023 City of Santa Clara N/A Senior/Youth Fees for NFL Game 11 Operating 6,995.70 2/6/2023 City of Santa Clara N/A B2301 SCSA Admin Payroll Costs Operating 44,055.81 2/23/2023 City of Santa Clara N/A B2302 SCSA Admin Payroll Costs Operating 57,602.90 186,242.91
2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Security Operating 207,406.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Stadium Ops Operating 72,880.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Engineering Operating 174,077.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Guest Services Operating 218,053.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Grounds Operating 31,302.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - SBL Sales & Service Operating 240,624.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Insurance Operating 41,463.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Utilities Operating 32,497.00 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Use of StadCo Tenant Improvements Operating 3,831.98 2/1/2023 Forty Niners Stadium Management Co, LLC SLS-23786 February 2023 Stadium Manager Expenses - Lender Fees Operating 8,333.00 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23822 CapEx Project - Security 24/7 Gate C Employee Entrance Booth CapEx 25,774.64 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Stadium Insulation CapEx 348.15 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Cooling Towers CapEx 234.21 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Lift Station CapEx 803.91 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Plumbing (PRVs) CapEx 329.16 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Broadcast Booth Power CapEx 240.54 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - North East Lobby Security Desk Enhancements CapEx 284.85 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Security Screening Locations CapEx 259.53 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - LED Retrofit Project - Exterior Luminaire Light Fixtures CapEx 272.19 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23560 CapEx Project - Updated Stadium Wayfinding Signage CapEx 284.85 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - CO2 Monitoring & Sensors for Code Compliance CapEx 1,057.07 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Variable Frequency Drive(s) CapEx 594.32 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Variable Frequency Drive(s) CapEx 549.59 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Broadcast Booth Power CapEx 305.98 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Broadcast Booth Power CapEx 316.67 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Kitchen Exhaust Fans CapEx 2,108.71 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Kitchen Exhaust Fans CapEx 549.59 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - North East Lobby Security Desk Enhancements CapEx 305.98 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Security Screening Locations CapEx 305.98 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - Radio Booth Cabling CapEx 504.49 2/13/2023 Forty Niners Stadium Management Co, LLC SLS-23699 CapEx Project - CO2 Monitoring & Sensors for Code Compliance CapEx 549.59 1,066,446.98
2/3/2023 Armanino Solutions, LLC CINC-100801 FMS - eOne Popdock Annual Subscription for GP (2023) Operating 2,268.60 2/14/2023 ECS Imaging, Inc. 17550 SBL - Ongoing Processing (October 2022 - January 2023) Operating 875.00 2/1/2023 Hanson Bridgett LLP 1338290 Legal Services (December 2022) Operating 2/23/2023 InTWO, Inc. 7536 CapEx Project - FMS Project CapEx 3,221.00 2/23/2023 InTWO, Inc. 7881 CapEx Project - FMS Project CapEx 3,221.00 2/23/2023 InTWO, Inc. 8024 FMS Monthly Services (May 2022) Operating 3,221.00 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of February 2023
Payment Date Vendor Invoice No. Description Fund Amount Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of February 2023
2/23/2023 InTWO, Inc. 8246 FMS Monthly Services (June 2022) Operating 3,221.00 2/23/2023 InTWO, Inc. 21478 FMS Monthly Services (July 2022) Operating 3,221.00 2/23/2023 InTWO, Inc. 26843 FMS Monthly Services (August 2022) Operating 3,221.00 2/23/2023 InTWO, Inc. 29471 FMS Monthly Services (January 2023) Operating 4,855.01 24,181.01
2/1/2023 Jeffer Mangels Butler & Mitchell LLP 1872321 Legal Services (November 2022) Operating 2/2/2023 LN Curtis & Sons INV661288 CapEx Project - PPE Replacement (Nomex Bottoms) CapEx 238.98 2/2/2023 LN Curtis & Sons INV664569 CapEx Project - PPE Replacement (Nomex Bottoms) CapEx 238.98 477.96
2/13/2023 M. Arthur Gensler Jr. & Associates, Inc 1046425 CapEx Project - Smoke Evacuation System - Fire Smoke Curtain Replacement CapEx 760.00 2/13/2023 M. Arthur Gensler Jr. & Associates, Inc 1046428 CapEx Project - Overhead Doors, Motors, Sensors, and Track Replacements CapEx 525.00 1,285.00
2/13/2023 Mamava Inc 3709 CapEx Project - Private Lactation Spaces CapEx 48,538.73 2/1/2023 Wilson Ihrig 16125N50 Stadium Noise Monitoring Services (November 2022 - December 2022) Operating 12,997.50 2/15/2023 Wilson Ihrig 16125N51 Stadium Noise Monitoring Services (January 2023) Operating 3,155.00 16,152.50
February 2023 Total
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-58 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Informational Report on Stadium Authority Contracts for Fiscal Year 2022/23 As Required by Santa Clara City Code Chapter 17.30 (Stadium Authority Procurement Policy)
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Santa Clara City Code Chapter 17.30 (Stadium Authority Procurement Policy) formalizes the policies and procedures with respect to procurement for the Stadium Authority, with the intent to: (1) Establish efficient, equitable and effective procedures for the procurement activities of the Stadium Authority; (2) Ensure the integrity and equity in the procurement activities of the Stadium Authority and provide safeguards for the impartial application of the procurement policies; and, (3) Enable the Stadium Authority to operate and maintain equipment and facilities responsibly and to complete projects on time and on budget.
The Code applies to all purchases and contracts for supplies, materials, equipment, services, and public works by and on behalf of the Stadium Authority and establishes the Executive Director as the purchasing officer of the Stadium Authority.
Under Chapter 17.30.160(b), the Executive Director is required to prepare and submit to the Stadium Authority Board, a report at the end of the fiscal year summarizing the total number of contracts let by the Stadium Authority, the number of contracts approved under an exception, the number of contracts approved under best value procedures and the number of contracts approved under formal bidding procedures, and to the extent possible listing information related to application and outreach efforts conducted to implement the Disadvantaged Business Enterprise (DBE) program.
DISCUSSION
The Stadium Authority entered into 17 contracts to purchase or acquire supplies, supplies, equipment, and/or services during Fiscal Year (FY) 2022/23. Legal contracts were entered into under the Stadium Authority Counsel’s authority to contract for legal services, which are exempt from competitive bidding per Code 17.30.110(d). There is no information to report related to application and outreach efforts conducted to implement the DBE program. Table 1 summarizes the Stadium Authority’s contract activity for FY 2022/23:
City of Santa Clara Page 1 of 6 Printed on 4/13/2023
powered by Legistar™
23-58 Agenda Date: 4/18/2023
Stadium Manager Procurement Activity
The Stadium Manager entered into 59 contracts to purchase or acquire supplies, materials, equipment, services, and/or public works on behalf of the Stadium Authority during FY 2022/23. Table 2 summarizes the Stadium Manager’s contract activity for FY 2022/23. Staff compiled the information based on procurement requests for which the Stadium Manager sought Board approval. There is no information to report related to contracts entered into under an exemption or application and outreach efforts conducted to implement the DBE program. It is staff’s understanding that the Stadium Manager has followed the City’s procurement and public works requirements for these purchases and services, in addition to the Stadium Authority Procurement Policy.
City of Santa Clara Page 2 of 6 Printed on 4/13/2023
powered by Legistar™
23-58 Agenda Date: 4/18/2023
City of Santa Clara Page 3 of 6 Printed on 4/13/2023
powered by Legistar™
la Ille 2: Sta.dliu1m Manager Contract Activity on Behalf of Sradil!Jm Autlloriliy for FY 20i22f23
Co1111tract Alllltholi11Y Qtv. Co:111tracted Sew ice
Santa Clara Oily Code· Sedion 5 1 .. CPIR and first aid ~raining Sil area Exipellilse purchase·
17.30.120 order (Hands Helping Hearts)
Service· Contracts - Siig111i1 a1ure 2 Ligh~ing system support plan Shared Expense Au~hmity agrnemellilt (~utron Techllilolrogy Services Co. l111c.)
3. Laoor oompliance software Shared Expellilse
agrnemellilt
4 .. Non-NFL event:s malflketin:g ,email campaign
agrnemellilt (Slliwn Valley Business Jol!!lmal)
5 .. SBL sales traincng agreement (Tyso:n Group)
Santa Clara Oily Code· Sedion 19 1 .. 2022 Collilslrnotion Access Pierrnit Slhared Expense
17.30.l):80 pmchase mder (Valley Tran~portatio:n Authority) !El est Value Selection 2. 2023 Collilstrnotion Access Pierrnit Slhared Expense Procedures pmchase mder (Valley Transportation Authority} 3 .. Pirinting services for Guest Seruices cards .and
booldets Shared Expense pl!!lrchas,e order (Benjamin
Litho, Inc.)
4 .. Pirinting servioes for Guest Services cards Shared Exipense pmchase order (Benjamin Lit~o. Inc.)
5 .. Printing and mailing services fm Stadium Buflder
Licenses (SBL) invoices pum'hase order (Benjamin
Litho)
6 .. Flags Shared Expense· purchase mder (Pacific Coast ~lag)
7 .. Gu.est Services uniforms Shared Expense purch.ase
order (imag:eOne Uniforlllls)
8. Genetec Advantage softv,.rare l'icernse renewals
Shared Expense pur,dhase, order (EyeP Solutions,
Inc.)
9 .. Genetec ProXJirnity cardke-ys .and Mli croprnx tags Shared Expense pur,dhase, order (EyeP Solutions,
Inc.)
10.. Printing services for Guest Seruices tag;s Shared
Exipense pmchase order (Benjamin Litbi!o, Inc.)
11. Mobile Secl!!lrity Closed Circuit Televiision Pop U1p Trailers CapEx Project pmchase order (LR.G
Tedhno1logies, Inc. OBA Mo e Systems)
12.. Software Upgraae to Genetec 5.8. CapEx Project
pmchase mder (EyeP Solutions, Inc.)
13.. Secmi.ty 2417 Gate C Employ,ee Boo,th CapEx Prn]ect pmchase mder (Guard1allil Boo1h LLC)
14. Paint a111d relat,ed sup·plies Shared Expe se (Sherwin Wi]liams)
15 . Lost and fol!!lnd soff.\Yare Shared Expense (Pixit) 16 . National Center for Spectator Sports Safety and
Security (N CS4)
17.. Water Treatment for Cooling Towers Shared
E~pense (Global Water Tedmologies)
18. Piest Control Services Shared E;,qpernse (Advanced
1PM)
19 . Fire Sprillilkler Testirng, 111.iSpeciion and Maintenanoe Services (ADT Commercial)
23-58 Agenda Date: 4/18/2023
City of Santa Clara Page 4 of 6 Printed on 4/13/2023
powered by Legistar™
Sa ma Clara City Co de
Sedion 17.J.(U 30
Pulllic Wo,l"ks
12 1. Ame,11dment No. 2 to exiisting agreem,ent for
eleciri:cal mairite nance and repair services for
l..evi's Naming Rights Existing Sigrrnge Ligllti'1111g
and Drriv,er Repair CapEx Pmjeci (Bear
Be ctrical So I 1U1lfons, I 1111c.)
2. Club Sp,ace Floo,lling CapEx Project agreement
(HY arid Ga me line 1Pai1rnti1191, I nc.)
3. Stadi 1Um nsulatio1rn Cap Ex Project agree m,ent
(Bear lnsulatio11, l11c.),
4. Amendment No. 1 to exiisting agreem,ent for
eleciri:cal M airite nance arid repaiir services fo rr
the Dis,tr'ibl!Jtion - High1 V0Ha,g1e (Primary Maim
Swikh Ge,ar Transformer, Battery & 12KV Main
Circuit Breakers and 12KV Eleciri cal Power
Study, Assessment and Replace In e11t at
Pri'mary Swiitch Gear at 0 1Uadrant Su1bstaMons)
CapEx Projects {C1Upert'ino Beeitric, line.)
5. I..ED R,etr,ofit Project - Exte,rior Lumiinair,e l..ight Fixtures - Gold Lot 4, Gold Lot 5,, Bill WaliSh
Way and Other Exterior Po 1,es Projed CapEx
Project a,g1re,em ent (Bear Electrical SoluMo n s)
6. Coo Ii 119 Towers Cap Ex Project a,g1re,ement
(Uni'rted M,edhanical, Inc.)
7. Broadcast Boo,~h Power CapEx Project
agreement (BeEu Beot~ical Sollutions, Inc.)
8. Wayfinding1 Signage CapEx Project agreeme,1111t
(Fluoresro Services, LLC)
9. l..evi's Stadium Bowl Padded Seat Rep11 a.rem ent
CapEx Project a,g1reement (Devco11
Ccmstruotion, l11 c.)
10. Event Si,gna,g1e CapEx Project agreement
(Fluoresc.o Services, LLC),
11. l..evi's Stadium General Are,as T raffle Bea ring
Membrane Reco,ati11g CapEx Pmjeot agreemenl
(Blue's Roofing Company)
12. Valliab1le Frequency Dlive(s} CapEx Project
agreement (Blocka Co11struction, Irie.}
23-58 Agenda Date: 4/18/2023
City of Santa Clara Page 5 of 6 Printed on 4/13/2023
powered by Legistar™
Santa Clara. City God'e
Seclion 2.1 OS.270
Purchases from 0U1er ptJblic
ag,encies m lhrough Ute utilizalixm
rn competitive bid processes of
other public agencies
23 1. Auto parts, a:ccessoliies,, and relal ed sup,plies Sha:red Expense purchase order (Achtal!lce Stores Compal!ly - May 30122)
2. Aulo parts a:n:d re!ated supplies Shared Expense pmchase order (AutoiZone Parts, Inc.)
3. IT hardware, software, computer eq1.1(p:menit, periptierals, a:n,d a-ccesso~·es S!hared E:,qpe,nse purchase oKIBr (GOW Governmem LLC - May 2022}
41. Uniforms, brand name apparel, safety foohvear,
1p:romoltcmal prodl.lcts, facili'ty products, and first aid a:n,d safely su:p;plies Shared Expense purchase order (Cintas - May 2022)
5. M aillltenal!lce, repair, o,i>eraling supplies,. industrial supplies, and rela1ed products Sh,uecl Expense purdlase order (Fastenal Company - May 2022)
6. M aillltenal!lce, r,epair, o;peraling supplies,. industrial supplies, and rela1ed products Sh,uecl Expense purdla.se order (G:rairtg,e. lndusmial S1!1pply - May 2022)
7. lm::t'usllial su;p;pilies a:n:d p:rodl.lcis shar,ed expense pmchase order (Mid\llesl M otor Suppfy Companry dba Kim al l
Mid1u esl - IM\ay 2022)
8. Genefec Federated and Olliln·cast Gamera sollware
lic ense sulbscriplto:ns Shared Expense ptm::hase o:rder (EyeP Sorutions)
9. Shared expense pmch111Se order (EyeP Soluli:ons, ln"C.)
10. \/iideo Analytics Cap Ex Rrojed purchase order (EyeP So.l1.1lfons, Inc.)
11 . License Plate Reader (LPR) Cameras al Vehicle Eiltry Gales CapEx Proj ect purchase Of er (EyeP Soluli:ons,
lrtc.)
12. Private Lactation Spaces for Levi's stadium CapE:x Project 1pmcihase order (MlA.MAVA, Inc.)
13. Parking Loi Camera Upgrad'.e CapEx Project pmchase
mder (EyeP Sotutioris, Inc.)
14!. Bowl Camera pgrade Refurrnsllment CapEx Project
1purcihase order 0EyeP Solutions, Inc.),
15. Goods., sup;plies and eq;u·pmem Shared Expense with Amazon online ma:rketplace (Am azorn - May 2022)
16. Audio visual products and accessories S!ha:red ExpelliSe with B&H foto on ine mmkeiplace {E&H Foto - May 3022)
17. Auto parts, accessoliies,, and relaled wpplies Sha:red Expense purchase order (Advance Stores Company -
M a:rclh 2023)
18. IT hard'Lvare, software, computer eq1.1(p:ment, peripherals, a:n,d accessories Sllared Bqpe,nse purchase oKIBr (ODW
Governmen1 LLC - March 2023)
19. Uniforms, b:rarnd name apparel, safety foohvear,
1p:romoltonal prod1.1 cts, facility products, and first aid a:no safely su;p;plies Shared Expense pmchase order (Cilillas - M a:rclh 2023)
20. I n,-d,UJS"l lial su;p;plies a:n,d p:rodl.lcis shar,ed expense purchase order (Mid\llest M otor Suppfy Companiy dba Kimbal l
Mid1u esl - IM\arcih1 2023)
21. M aintenance, repair, o,peraling supp'lies,. industrial supplies, and rela1ed products Shar,ed Expense purdla.se order (G:rain,g,er lndus:1riial S11Jpply - March 2023)
22. Goods, sup;pli:es and eq;u·pmem Shared Expense with Amazon online marketplace (Amazon - March 2!0e.3J
23. Audio vis1.1 al products and accessories S1ha:red ExpelliSe with B&H foto on ine marke1place (E&H Foto - March
2023)
23-58 Agenda Date: 4/18/2023
Additionally, the Stadium Authority Board approved a purchase order with Home Depot for maintenance, repair, operating supplies, industrial supplies, and related products in May 2022 and an agreement with Convergint for fire alarm testing, inspection, and services in March 2023 that were not executed in FY 2022/23.
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 cost to prepare this report other than administrative staff time.
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 informational report on Stadium Authority contracts for FY 2022/23.
Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Office of the Executive Director
City of Santa Clara Page 6 of 6 Printed on 4/13/2023
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-130 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of October 1 to December 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.
At the August 25, 2020 meeting, the Stadium Authority Board provided additional direction to 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 October 1 to December 31, 2022 are listed below. The minutes for these meetings are included in this report as Attachment 1.
Date Meeting Purpose
10/6/2022 Weekly Accounting Status Meeting (via Teams)
10/13/2022 SCSA/Stadium Manager Quarterly Status Meeting (in Person) 10/13/2022 Weekly Accounting Status Meeting (via Teams) 10/14/2022 Procurement Call (via Phone)
10/20/2022 CapEx Projects (via Phone)
10/20/2022 Weekly Accounting Status Meeting (via Teams) 10/26/2022 Meeting with Stadium Manager (in Person)
10/27/2022 Procurement Meeting (via Teams)
10/27/2022 Weekly Accounting Status Meeting (via Teams) 10/28/2022 Biweekly Stadium Coordination Meeting (via Teams) 11/3/2022 Weekly Accounting Status Meeting (via Teams)
11/3/2022 Various Outstanding Stadium issues (via Phone) 11/7/2022 Scooter and Bike Share Operation Levi's Stadium Events (via Teams)
11/7/2022 Procurement Call (via Phone)
11/10/2022 Stadium Coordination Meeting (via Teams)
City of Santa Clara Page 1 of 3 Printed on 4/13/2023
powered by Legistar™
23-130 Agenda Date: 4/18/2023
g g()
10/27/2022 Procurement Meeting (via Teams)
10/27/2022 Weekly Accounting Status Meeting (via Teams) 10/28/2022 Biweekly Stadium Coordination Meeting (via Teams) 11/3/2022 Weekly Accounting Status Meeting (via Teams)
11/3/2022 Various Outstanding Stadium issues (via Phone) 11/7/2022 Scooter and Bike Share Operation Levi's Stadium Events (via Teams)
11/7/2022 Procurement Call (via Phone)
11/10/2022 Stadium Coordination Meeting (via Teams)
11/10/2022 Weekly Accounting Status Meeting (via Teams) 11/11/2022 Sign Assessment Coordination Calls (via Phone) 11/16/2022 Procurement Call (via Phone)
11/17/2022 Weekly Accounting Status Meeting (via Teams) 11/18/2022 Procurement Call (via Phone)
11/18/2022 Sign Assessment Coordination Calls (via Phone) 11/23/2022 SCSA/Stadium Manager Quarterly Status Meeting (in Person) 11/29/2022 Procurement Template Language (via Phone)
12/1/2022 Weekly Accounting Status Meeting (via Teams)
12/7/2022 Financial Management System Managed Services Kickoff Meeting (via Zoom)
12/8/2022 Weekly Accounting Status Meeting (via Teams)
12/9/2022 Biweekly Stadium Coordination Meeting (via Teams) 12/9/2022 Procurement Calls (via Phone)
12/12/2022 Meeting with Stadium Manager (in Person)
12/14/2022 Procurement Call (via Phone)
12/15/2022 Weekly Accounting Status Meeting (via Teams) 12/19/2022 Meeting with Stadium Manager (via Teams)
12/21/2022 Financial Management System Managed Services Status Meeting (via Zoom)
12/22/2022 Weekly Accounting Status Meeting (via Teams)
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.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.
City of Santa Clara Page 2 of 3 Printed on 4/13/2023
powered by Legistar™
23-130 Agenda Date: 4/18/2023
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 informational report on Stadium Authority and Stadium Manager staff meetings and corresponding minutes for the period of October 1 to December 31, 2022.
Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Office of the Executive Director
ATTACHMENTS
1. Stadium Authority and Stadium Manager Meeting Minutes for the Period of 10/1/22 to 12/31/22
City of Santa Clara Page 3 of 3 Printed on 4/13/2023
powered by Legistar™
Weekly Accounting Status Meeting
Date: 10/06/2022; 2:00pm to 2:26pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. Review of Supports in Financial Management System
3. FY20-21 Shared Expenses Review Support
4. FY21-22 Shared Expenses Review
5. Stadium Builder License Revenue Forecasts
*Note, the agenda items were not discussed in chronological order.
STADIUM AUTHORITY/STADIUM MANAGER
QUARTERLY STATUS MEETING
October 13, 2022 | 11:00 a.m. – 12:00 p.m.
In Person Meeting
ManCo Attendees:
Jim Mercurio, Executive Vice President, Stadium Operations & General Manager Craig Graber, Senior Director, Safety & Security Operations Stadium Authority Attendees:
Rajeev Batra, Executive Director
Ruth Mizobe Shikada, Executive Director’s Office
Christine Jung, Assistant to the Executive Director
A G E N D A*
Stadium Authority and Stadium Manager staff agreed to resume quarterly status meetings.
1. Settlement Agreement Implementation
Stadium Manager staff said they would check internally to see if there was anything to follow up on.
Stadium Authority staff shared that they would bring back an Ordinance regarding the delegation of procurement authority in the January/February timeframe for the Council’s approval. Staff also discussed prevailing wage reimbursement submittals and the potential need to request for delegated authority over the holiday break.
2. Residents’ Complaints/Follow Up
3. General Noise Mitigation
Items 2 and 3 were discussed together. Stadium Authority staff brought up recent flyovers at NFL games and asked if there was anything the Stadium Manager could do anything to mitigate the noise impact. Stadium Manager staff explained that each flyover was unique because of the different military planes being used, which individually have different noise levels and fly at different heights. Stadium Manager staff said they can’t control the noise levels of the military planes and plan to continue having flyovers for 49er games but would let the Stadium Authority/City know if anything can be done. On the noise for Non-NFL events, the Stadium Manager shared that they have been calibrating and monitoring noise during concert rehearsals to monitor that concert noise levels stay below the permit threshold.
4. Quarterly Status Meeting Updates from Stadium Manager a. Financial performance of past Non-NFL Events
b. Status of future Non-NFL Events
i. Booked Events
ii. Pipeline Events
iii. Overnight Events
c. Private Parking Agreements
i. Executed private parking agreements
ii. Ongoing negotiations for private parking agreements Stadium Manager staff said they will prepare reports for these items and send them over the following week.
*Note, the agenda items were not discussed in chronological order.
5. Surrounding City Streets & Roads – General Upkeep, Paving/Slurry Seal (Example GAP) There was discussion regarding the roads around Levi’s Stadium that required maintenance and upkeep. Stadium Manager staff inquired whether they were identified in existing capital projects which Stadium Authority staff responded that they were not. Stadium Authority staff shared that the City was monitoring grant opportunities for transportation projects, including those that will be funded through the Infrastructure Act.
6. Stadium Permits, City Services & Fire Dept. Review/Process Stadium Authority and Stadium Manager staff discussed the permitting process for Non-NFL events. Stadium Manager agreed that certain permit documents can and should be submitted by the concert promoters a couple weeks in advance for concerts and thinks that the process will improve for next year’s events.
7. ADA Project Updates
Stadium Manager staff provided an update on the ADA project at the Main Lot which had a November deadline. They received additional comments on the project application package from the City’s Fire Department and were working to address the identified issues. Stadium Authority and Stadium Manager staff discussed the time-sensitivity of the ADA projects and potential ways to streamline the review process.
8. Future 49ers CapEx Projects / SCSA CapEx Projects
Stadium Manager staff shared that they had many 49ers and Stadium Authority capital projects in the pipeline and inquired about how to best plan for City permits. Stadium Authority staff suggested sharing a schedule of the projects so that staff could understand and anticipate the types of projects and related project applications that were planned.
9. Levi’s Signage Assessment Coordination
Stadium Authority staff shared that a Request for Statement of Qualifications (RFSOQ) process was implemented to select a sign company to assess Levi’s Stadium signage. Stadium Authority and Stadium Manager staff discussed scheduling the sign company’s on-site visit in the upcoming weeks.
10. Stadium Builder Licenses (SBLs)
a. Updated data
b. Relocated ADA seats
c. Seats in pending SBL
Stadium Authority staff requested an updated spreadsheet of SBL Holder data, which the Stadium Manager agreed to work on and share in the upcoming months. The Stadium Manager provided an update on a relocated ADA seats complaint, which was resolved.
Weekly Accounting Status Meeting
Date: 10/13/2022; 2:00pm to 2:23pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. Review of Supports in Financial Management System
a. Non-NFL Events Budgeted Positions
b. Supporting Document/Report Total
3. Stadium Builder License Revenue Forecasts
4. Stadium Lease Revenue in Trust Budget
Procurement Call
Date: 10/14/2022; 10:53am to 11:00am
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Request to schedule meeting to discuss future ordinance to amend Stadium Authority Procurement Policy
2. Budget amendments for projects that were invoiced in later fiscal year
3. Home Depot purchase order
Date: 10/20/2022, 1:00 p.m.
Phone Call:
For Santa Clara Stadium Authority:
Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:
Jihad Beauchman
1. CapEx Projects
Weekly Accounting Status Meeting
Date: 10/20/2022; 2:00pm to 2:13pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. Operating & Maintenance Invoice
3. Review of Supports in Financial Management System
a. Cash Disbursement Details for Shared O&M Company
4. Refund Terms of Field Seats Stadium Builder License
Meeting with Stadium Manager
Date: 10/26/2022; 12:00pm to 2:30pm
In Person Meeting: Kenn Lee (SCSA) and Jeff Fong (ManCo)
1. Review Budget Calendar
2. Operational Efficiencies
3. KPMG Audit
Procurement Meeting
Date: 10/27/2022; 11:00am to 12:10pm
Teams Meeting: Kenn Lee (SCSA), Christine Jung (SCSA), and Jenti Vandertuig (ManCo/Stadium Manager)
Stadium Authority and Stadium Manager staff discussed the Stadium Authority Procurement Policy (Chapter 17.30 of Santa Clara City Code) and potential changes, informal bidding for goods and services excluding public works projects, and signature authority. Ms. Vandertuig will submit the Stadium Manager’s recommendations in two weeks. Ms. Jung shared that Stadium Authority staff are working on bringing back the Ordinance that will amend Chapter 17.30 in the January/February timeframe for Council approval. Ms. Vandertuig said the Stadium Manager would utilize the City’s new bidding thresholds until Chapter 17.30 is amended and adopted.
Weekly Accounting Status Meeting
Date: 10/27/2022; 2:00pm to 2:14pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. Operating & Maintenance Invoice
3. FY22-23 Q2 Financial Statements and Certifications
Date: 10/28/2022, 10:30 a.m.
Teams Meeting:
For Santa Clara Stadium Authority:
Rajeev Batra, Executive Director
Steve Ngo, Stadium Authority Counsel
For Stadium Manager:
Rahul Chandhok
Larry MacNeil
1. Biweekly Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 11/03/2022; 2:00pm to 2:19pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. FY23-24 Capital Project Projections and Carryover
3. FY22-23 Q1 and Q2 Financial Status Report
4. Review of Supports in Financial Management System
5. CapEx Expenditure Budget-to-Actual Report
6. FY21-22 Q4 Community Facilities District (CFD) Reports
7. Unclaimed Property Notices
Date: 11/3/2022, 5:00 p.m.
Phone Call:
For Santa Clara Stadium Authority:
Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:
Jihad Beauchman
1. ADA complaints/remediation
2. Procurement templates
3. KPMG audit/lender waiver status
4. Stadium liability claims
5. Owner’s Club SBLs
6. StadCo SBL purchase
Scooter and Bike Share Operation - Levi's Stadium Events November 7, 2022
2:00 pm – 3:00 pm
Teams Meeting
City:
Ralph Garcia (DPW)
Mike Liw (DPW)
Luis Martin (PD)
Ruth Shikada (CMO)
Jonathan Yee (DPW)
Stadium Manager:
Nelson Ferreira
Craig Graber
Camila Hammer
Jim Mercurio
Dale Moul
Julian Sakti
Review City’s Scooter/Bike Share program
Discussion of potential scooter and bike share access to Stadium on event days Geo-fencing
Collection of equipment/enforcement
Stadium Manager concerns
Procurement Call
Date: 11/7/2022; 3:54pm to 4:06pm
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Upcoming procurement requests
2. Upcoming budget amendments
Date: 11/10/2022, 11:00 a.m.
Teams Meeting:
For Santa Clara Stadium Authority:
Rajeev Batra, Executive Director
Steve Ngo, Stadium Authority Counsel
For Stadium Manager:
Rahul Chandhok
Larry MacNeil
1. Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 11/10/2022; 2:00pm to 2:24pm
Teams Meeting: Larry Lo (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoice
2. Public Safety CapEx Depreciation Invoices
3. Public Safety Cost Invoices and Estimates for Game 1 thru 3
4. Estimated Public Safety Cost for Mexico vs. Colombia Sign Assessment Coordination Calls
Date: 11/11/2022; 11:38am to 11:51am
Call: Christine Jung (SCSA) and Ryan Van Maarth (ManCo) Date: 11/11/2022; 3:54pm to 4:11pm
Call: Christine Jung (SCSA), Ryan Van Maarth (ManCo), Marina (Square Signs DBA Front Signs), and David (Square Signs DBA Front Signs)
Date: 11/11/2022; 4:12pm to 4:21pm
Call: Christine Jung (SCSA) and Ryan Van Maarth (ManCo)
1. Coordination regarding consultant’s on-site visit to Levi’s Stadium for the sign assessment Procurement Call
Date: 11/16/2022; 1:19pm to 1:34pm
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Status of Stadium Manager’s recommendations for Stadium Authority Procurement Policy
2. Submitted procurement requests
Weekly Accounting Status Meeting
Date: 11/17/2022; 2:00pm to 2:28pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoices
2. Operating & Maintenance Invoice Payment
3. FY22-23 Q2 Financial Status Report
4. Non-NFL Event Public Safety Cost Invoices
5. FY20-21 and FY21-22 BNY Mellon Club Complimentary Buffet Invoices
6. Upcoming Holiday Schedule
Procurement Call
Date: 11/18/2022; 9:33am to 9:40am
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Upcoming procurement requests
Sign Assessment Coordination Calls
Date: 11/18/2022; 2:02pm to 2:14pm
Call: Christine Jung (SCSA) and Ryan Van Maarth (ManCo) Date: 11/18/2022; 2:22pm to 2:23pm
Call: Christine Jung (SCSA) and Ryan Van Maarth (ManCo)
1. Equipment rental costs
2. Coordination regarding consultant’s on-site visit to Levi’s Stadium for the sign assessment SCSA/Stadium Manager 11/23/2022 Quarterly Status Meeting
STADIUM AUTHORITY/STADIUM MANAGER
QUARTERLY STATUS MEETING
November 23, 2022 | 11:00 a.m. – 12:00 p.m.
In Person Meeting
ManCo Attendees:
Jim Mercurio, Executive Vice President, Stadium Operations & General Manager Craig Graber, Senior Director, Safety & Security Operations Stadium Authority Attendees:
Rajeev Batra, Executive Director
Ruth Mizobe Shikada, Executive Director’s Office
Christine Jung, Assistant to the Executive Director
A G E N D A
1. December 6, 2022 Agenda Items
Stadium Authority staff updated the Stadium Manager that their procurement and Owner’s Club Stadium Builders License Agreement requests would be placed on the December 6 agenda. Stadium Authority staff also shared that new language would be included in the Stadium Authority’s analysis reports for the procurement requests. Stadium Manager staff said they were planning to submit a handful of requests for the January 10 agenda.
2. Proposed Stadium Neighborhood Relations Committee
Stadium Authority staff shared that they were working on a report that would be placed on a January agenda that responded to a prior Written Petition request to establish a Stadium Neighborhood Relations Committee. Stadium Manager staff indicated their willingness to having someone participate if the committee was established.
3. Public Safety, Traffic & Security Staffing Realignment a. Use Private Security (Landmark) to reduce burden on SCPD b. Staffing realignment – Parking & Traffic personnel
Stadium Manager staff provided updates regarding service calls, neighborhood protection, and traffic control.
4. Permits
a. Outstanding
b. Upcoming
c. Temporary vs. Season Long
Stadium Authority and Stadium Manager staff discussed how the City’s permitting process improved since the last meeting. Stadium Manager staff planned share a list of pending permits with Stadium Authority staff for their awareness. They suggested issuing permits for certain types of routine uses for an entire season as a potential way to streamline the permitting process. Stadium Authority staff requested a list of potential permits to follow up with the appropriate departments.
5. Upcoming Event Schedule
Stadium Manager staff provided a draft calendar of upcoming events.
SCSA/Stadium Manager 11/23/2022 Quarterly Status Meeting
6. Quarterly Status Meeting Updates from Stadium Manager a. Financial performance of past Non-NFL Events
b. Status of future Non-NFL Events
i. Booked Events
ii. Pipeline Events
c. Private Parking Agreements
i. Executed private parking agreements
ii. Ongoing negotiations for private parking agreements Stadium Manager staff provided copies of financial performance documents.
7. Electronic Bike & Scooter Program - Levi’s Stadium
Stadium Authority and Stadium Manager staff briefly discussed the potential program, which Stadium Manager staff expressed some concerns about.
In addition to the agenda items above, Stadium Manager staff also provided an update regarding an ADA improvement.
Date: 11/29/2022, 11:00 a.m.
Phone Call:
For Santa Clara Stadium Authority:
Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:
Jihad Beauchman
1. Procurement Template Language
Weekly Accounting Status Meeting
Date: 12/01/2022; 2:00pm to 2:29pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoices
a. Budget amendment on cash basis?
2. Public Safety CapEx Deprecation Invoice Payments
3. FY22-23 Q2 Financial Status Report
4. Accrued Basis Profit and Loss Statement
5. Unclaimed Property Notices
Financial Management System Managed Services Kickoff Meeting Date: 12/07/2022; 2:30pm to 3:00m
Zoom Meeting: Linh Lam (SCSA), Larry Lo (SCSA), Brenda Lee (SCSA), David Presley (SCSA), Darren Wong (ManCo), Brent Ghan (ManCo), Chad Hundley (Armanino), Rebecca Bunas (Armanino), Giles Zollar (Armanino), and Jeff Stone (Armanino)
1. Armanino Managed Services Team Member Introductions
2. Armanino Managed Services Overview
3. Armanino Managed Services Hours and Contact Information
4. Customer Expectations, Armanino Support Portal Access, and Next Steps
5. Available Resources and Training thru Armanino Academy Weekly Accounting Status Meeting
Date: 12/08/2022; 2:00pm to 2:28pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoices
a. Carryover of FY22-23 Capital Expenditure Projects
2. Public Safety CapEx Deprecation Invoice Payments
3. FY22-23 Q3 Financial Status Report
4. October 2022 Transactions in Financial Management System Date: 12/9/2022, 10:30 a.m.
Teams Meeting:
For Santa Clara Stadium Authority:
Rajeev Batra, Executive Director
Steve Ngo, Stadium Authority Counsel
For Stadium Manager:
Rahul Chandhok
Larry MacNeil
1. Biweekly Stadium Coordination Meeting
Procurement Calls
Date: 12/9/2022; 2:00pm to 2:28pm and 2:52pm to 2:53pm
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Upcoming procurement requests
Meeting with Stadium Manager
Date: 12/12/2022; 4:30pm to 6:00pm
In Person Meeting: Kenn Lee (SCSA), Alex Acton (ManCo) and Jeff Fong (ManCo)
1. SCSA Draft Budget Submittal
2. G&A Banking Reconciliation
3. Operational Efficiencies
4. KPMG Invoices
5. Public Safety CapEx Depreciation
Procurement Call
Date: 12/14/2022; 2:56pm to 3:05pm
Call: Christine Jung (SCSA) and Jenti Vandertuig (ManCo)
1. Update on procurement requests
Weekly Accounting Status Meeting
Date: 12/15/2022; 2:00pm to 2:13pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoices
2. FY21-22 Shared Stadium Expense Year-end True-up
3. January 2023 Operating & Maintenance Invoice
4. Q3 Stadium Builder License Revenue Transfer
5. Upcoming Holiday/Vacation Schedule
Meeting with Stadium Manager
Date: 12/19/2022; 4:00pm to 4:30pm
Teams Meeting: Kenn Lee (SCSA) and Jeff Fong (ManCo)
1. KPMG Audit
Financial Management System Managed Services Status Meeting Date: 12/21/2022; 9:00am to 9:21am
Zoom Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), David Presley (SCSA), Darren Wong (ManCo), Chad Hundley (Armanino), and Rebecca Bunas (Armanino)
1. Status of Outstanding Service Tickets for Local Drive Access in Remote Desktop
2. User Feedbacks on System Improvements and Upcoming Projects
3. Using Tibco Scribe to Import Accounts Payable Invoices from Coupa Weekly Accounting Status Meeting
Date: 12/22/2022; 2:00pm to 2:13pm
Teams Meeting: Larry Lo (SCSA) and Caitlin Ritchie (ManCo)
1. Capital Expenditure Invoices
2. January 2023 Operating & Maintenance Invoice
3. FY22-23 Q3 Community Facilities District (CFD) Payment and Support City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-507 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Request from the Stadium Manager to Execute Agreement with Gachina Landscape Management for Landscaping Services at Levi’s Stadium
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
DISCUSSION
On April 3, 2023, the Stadium Manager submitted a Recommendation for Award memo and supporting documents to request approval to execute an agreement with Gachina Landscape Management to provide landscaping maintenance services for a three-year period beginning April 19, 2023 through March 31, 2026, with the option to extend the agreement for two additional one-year periods subject to approval of the Stadium Authority, in an amount not to exceed $68,000 for the first contract year, $70,000 for the second contract year, and $72,000 for the third contract year for a total not to exceed $210,000 over the three-year period.
The Stadium Manager’s Recommendation for Award memo describes the request and Request for Proposals (RFP) process that was implemented in more detail. These costs will be charged as Stadium Authority Fiscal Year 2023/24 Shared Stadium Expenses (Shared Expenses) for the Engineering Department. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC (StadCo) per the Stadium Lease between Stadium Authority and StadCo.
Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years is conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement as required under Santa Clara City Code Section 17.30.100.
ATTACHMENTS
1. Stadium Manager’s Recommendation for Award Memo
2. Draft Agreement with Gachina Landscape Management
City of Santa Clara Page 1 of 1 Printed on 4/13/2023
powered by Legistar™
1 Date: April 3, 2023
To: Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award for Landscaping Services for Levi’s Stadium Recommendation
Recommend approval and award an agreement to Gachina Landscape Management (Gachina) to provide landscaping maintenance services for a three-year period, to commence on April 19, 2023 and expire on March 31, 2026, with an option to extend the agreement for two additional one year periods. The amount of the agreement shall not exceed $68,000 for the first year of the contract. Total compensation, in the aggregate, shall not exceed $210,000 over the three-year period. The term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority (SCSA) budget for the applicable fiscal year that includes the amounts due under this contract.
RFP Process
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for Levi’s Stadium (Stadium) on a continual, year around basis, including overseeing the day-to-day operations and maintenance of the Stadium. Landscaping maintenance services in required through a third party to maintain the Stadium.
On January 8, 2023, Stadium Manager issued Request for Proposals (RFP) to select qualified firms for landscaping maintenance control services for Levi’s Stadium. Stadium Manager published the RFP on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of firms on our established supplier list, we also selected suppliers registered on the portal with specific commodity codes offering such services. Proposer on site visits and a question and answer period was included as part of the RFP process. The RFP closed on January 25, 2023 at 3:00 p.m. (PT).
Four proposals were received from the following firms on or before the RFP due date and time:
1. Dinsmore Landscape Company
2. Gachina Landscape Management
3. ABM
4. Prado’s Landscaping Inc.
2 Evaluation Process
An evaluation committee (EC) consisting of subject matter experts was formed. An evaluators’ guide outlining the roles and responsibilities of the EC was provided to each EC member to review and execute the following forms to ensure that there was no conflict of interest in evaluating the proposals:
¾ Proposal Evaluator Guidelines
¾ Confidentiality Agreement
¾ Conflict of Interest Disclosure Form
The EC evaluated the proposals utilizing the evaluation criteria as outlined in the RFP. All four firms met the requirements of the RFP. On February 17, 2022 Stadium Manager requested all four proposers to provide cost proposal clarification and respond to the cost allocated as essential and additional services. Pursuant to the receipt of the additional details, individual scores were utilized to compute an “average score,” summarized below:
Evaluation Criteria & Maximum Points Dinsmore Gachina ABM Prado Proposal Responsiveness Pass Pass Pass Pass
Experience (35%) 35% 33% 32% 11%
Methodology to Provide Services (35%) 25% 30% 26% 11%
Cost (30%) 24% 30% 9% 12%
Total 84% 93% 67% 33%
Pursuant to the initial evaluation, Stadium Manager conducted BAFO with the highest ranked proposer, Gachina, and was able to negotiate the cost for the three year term. Gachina was determined to be the highest ranking proposer offering best value.
Notice of Intended Award
A notice of intended award (NOIA) was issued on April 3, 2023, announcing Stadium Manager’s recommended firm. The RFP process includes a seven-day protest period, which commenced with the issuance of the NOIA.
Budget
The breakdown of costs are as follows for the three year period:
Total not to exceed amount for three years: $210,000
Year One – 4/19/23 through 3/31/24 - $68,000
Year Two – 4/1/24 through 3/31/25 - $70,000
Year Three – 4/1/25 through 3/31/26 - $72,000
Submission of Post-Award Submittals
Once Stadium Manager receives approval from the SCSA Board, the agreement will be executed by both parties and a copy forwarded to the Board. Supporting documentation has been provided for review and approval.
3 The cost for this service is covered in the FY23/24 SCSA Budget, Engineering Department budget, as a shared expense.
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
1 LEVI’S STADIUM GENERAL SERVICES AGREEMENT
BY AND BETWEEN
STADIUM MANAGER
AND
GACHINA LANDSCAPE MANAGEMENT
This Agreement for the Performance of Services (“Agreement”) is made and entered into on [insert date] (“Effective Date”) by and between GACHINA LANDSCAPE MANAGEMENT, a California corporation with its principal place of business at 1130 O’Brien Drive, Menlo Park, CA 94025 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of landscaping maintenance services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”), attached hereto and incorporated herein by this reference.
2 F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
TERMS
1. DEFINITIONS.
A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
C. Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
D. Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31.
If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and (c) any other chemical or other material or substance, 3 exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
2. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
3. SERVICES TO BE PROVIDED.
A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.
B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto.
C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
D. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff, if applicable), and training. As described in greater detail in Section 8.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
E. Without limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
F. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by 4 Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
4. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.
5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. Any plans, designs, specifications, estimates, calculations, reports, and other documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.
6. TERM OF AGREEMENT.
The term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on March 31, 2026 provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. Subject to the prior approval of the Stadium Authority, the Stadium Manager shall have the option, in its sole discretion, to extend the Term for two additional one (1) year periods by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then-current Term.
7. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
8. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of 5 persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”).
The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities (e.g., offsite parking areas) for the performance of all of Contractor’s obligations under this Agreement.
C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsible to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor’s breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material 6 breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on nonEvent days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non-recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A below) arising out of its use, generation or storage of Hazardous Substances at the Stadium.
7 H. Contractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
9. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
10. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
11. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee patdown and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team-specified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement 8 and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment (e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and 9 subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
12. COMPENSATION AND PAYMENT.
A. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B, entitled “Contractor Compensation and Fees.”
B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B, subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
13. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 14; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing.
Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.” B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied. 10 C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by within a reasonable amount of time following the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) neither Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion. 11 15. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
16. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
18. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
20. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible 12 for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirements with respect to Contractor’s Services hereunder.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
23. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) in connection with or arising out of (i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
13 24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Francine Hughes, Vice President and General Manager Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
And to Contractor as follows:
Attention: [insert name/title or department]
Address: [insert contractor name]
[insert address]
[insert address]
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated 14 confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.
33. COMPLIANCE WITH ETHICAL STANDARDS.
By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and authorized representatives will comply with the “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.
34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code 15 Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
35. LABOR COMPLIANCE REQUIREMENTS.
A. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
B. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
C. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one half (1 1/2) times the basic rate for that worker.
D. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor 16 Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
E. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the “Public Works Contractor Registration Certification” attached hereto as Exhibit E and incorporated herein by this reference prior to Agreement execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
F. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Agreement and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
G. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below. i. Division of Apprenticeship Standards (DAS) 140 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Services performed under this Agreement or ten (10) days of Agreement execution.
ii. DAS 142 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Services involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided following this initial submission with future applications for payment in the event those applications are for Services involving an apprenticeable craft or trade classification not covered under the first application for payment. iii. California Apprenticeship Council (CAC) Form CAC-2; Training Fee Contributions (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code Section 1777.5, as it may be amended from time to time, via submission of completed Form CAC-2 17 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager.
iv. Certified Payroll Records; Statement of Compliance. Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A-1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Services, Contractor must additionally submit a signed Statement of Non-Performance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law.
v. Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement(s) for the crafts and trade classifications utilized to perform the Services covered by any application for payment. All Fringe Benefit Statements must be submitted with the application for payment to which each applies.
vi. Demand for Compliance Records. At any time during or subsequent to the full performance of the Services under this Agreement and in addition to the obligations set forth above, Stadium Manager and/or the Authority may require Contractor to produce and or correct and re-submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Authority, prior to full release of payment. vii. Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved.
Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above. [Signatures continued on next page]
18 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Peter Wilhelm
Title: Chief Financial Officer
CONTRACTOR:
[INSERT CONTRACTOR NAME]
By:_________________________________
Name: [insert name]
Title: [insert title]
19 EXHIBIT A
SCOPE OF SERVICES
I. Overview
a. Contractor will provide Stadium Manager landscaping maintenance services for a multiyear year period from April 19, 2023 through March 31, 2026 for Levi’s Stadium located at 4900 Marie P. DeBartolo Way in Santa Clara, CA 95054; provided however, if this Agreement extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. b. Timing of Services:
i. Contractor will provide the landscape maintenance services set out below, on a monthly basis unless a provision or Schedule A indicate that Contractor must provide those services under a different schedule (e.g., weekly, bi-annually, etc.), or Stadium Manager directs Contractor to perform those services under a different schedule in Stadium Managers sole discretion. If a conflict exists between the schedules, Stadium Manager shall determine the schedule in consultation with Contractor.
ii. The Parties will mutually agree upon the time and date for Contractor to perform and complete the Services at the Stadium during the Term. c. Meetings; reports and other information to be provided to Stadium Manager i. Contractor shall meet with Stadium Manager on a mutually agreed upon schedule to review services and make any necessary changes within the scope of this Agreement to maintain premises.
ii. Contractor will provide Stadium Manager mutually agreed upon reports (annual at a minimum) on usage for auditing and reporting purposes. iii. Contractor will provide Stadium Manager and maintain a current list of emergency numbers for 24-hour emergency response. Contractor will initiate remedial action with one (1) hour of notification of such emergency. iv. Contractor will provide Stadium Manager a weekly report (with pictures), (“Weekly Reports”), that includes:
1. Maintenance issues to be addressed;
2. Location of maintenance issue (e.g., where on the property);
3. Proposed corrective actions;
4. Inspection date(s) and time(s);
5. Account manager contact information;
6. Inspector contact information; and,
7. Color photos or images of the issues.
d. Landscape Maintenance
i. Contractor will furnish the following landscape maintenance services at the Levi’s Stadium on a monthly basis:
1. General landscape maintenance at and around the Stadium, as directed by Stadium Manager. Based on the current maintenance, the anticipated time to complete these tasks is between forty-five (45) to fifty (50) man hours per month.
2. Planter and pot maintenance at and around the Stadium, as directed by Stadium Manager. Based on the current work being accomplished, the anticipated time to complete these tasks is between eight (8) and ten (10) man hours per month.
3. Contractor will promptly notify Stadium Manager to obtain Stadium Manager’s approval to continue performing Services if Contractor expects that the total time to complete all general landscape maintenance and planter pot maintenance duties exceeds the anticipated time-ranges set out above.
20 ii. Contractor will provide all equipment, labor and material, tools, services and special skills required to perform the duties and landscape maintenance set out in this Agreement, and in keeping with the surrounding community. iii. Contractor’s plant material maintenance duties will include, but not be limited to:
mowing, trimming, aeration, pruning, watering, fertilization, weed control, pest control and cleanup. Contractor will provide plant material maintenance methods to keep the site in a state of perpetual growth and repair. iv. Contractor’s irrigation maintenance duties will include, but not be limited to:
operation of system, adjustments, and minor repairs.
v. Contractor will clean the walkways near the planters to prevent impairment of walking surface from plant materials or standing water. vi. During periods of storms, Contractor will provide inspections of the Stadium during regularly assigned hours to prevent or minimize the possible damage from inclement weather. Contractor will report any storm damage to Stadium Manager immediately. If remedial work is requested beyond the specified scope, Contractor will perform only after obtaining Stadium Manager’s written approval. vii. Contractor will perform the following landscape services upon request by Stadium Manager:
1. Installation of five (5) gallon replacement plants (including soil amendment and plant material);
2. Installation of one (1) gallon replacement plants (including soil amendment and plant material); and
3. Installation of fifty-six (56) cyd pro-chip bark mulch.
4. Bio swale rehabilitation in Gold Lots Four and Five including on-going maintenance monthly.
e. Scope of Services Review
i. From time to time, Stadium Manager will review Contractor’s work to determine if Contractor is performing the Services satisfactorily. Stadium Manager will inform Contractor of any changes that Contractor will need to implement. ii. Contractor will perform other landscape maintenance duties not listed in this Agreement, as directed by Stadium Manager.
II. GENERAL SERVICES
a. Fertilization
i. Contractor will take precautions in applying fertilizer to contain these materials in the planting areas and prevent the deposit of material onto paved areas. ii. Contractor will immediately remove any fertilizer deposited on paved areas. iii. Contractor will repair, at no additional cost to Stadium Manager, any damage that is incurred to the paved areas caused by Contractor’s actions or inactions. b. Drainage
i. Contractor will be responsible for periodic inspection of surface drains located within the landscaped areas. Before inclement weather, Contractor will check these drains to assure proper functioning. Contractor will remove any debris or vegetation that may accumulate at the inlet and prevent proper flow of water. c. Soil Analysis and Plant Testing
i. Contractor may be directed to take samples of soil or plant tissues for testing purposes. These tests shall be used to determine the specific cause(s) of plant failure, fertility levels, etc.
d. Pesticides
i. Contractor will use all pesticide materials in strict accordance with the Environmental Protection Agency (EPA) guidelines, including, but not limited to, the following:
1. All pesticides Contractor uses must meet the standards established by the EPA.
2. Contractor will apply pesticides at times that limit the possibility of contamination from climatic and other factors. Contractor will monitor forecasted weather conditions to avoid making applications before 21 inclement weather to eliminate potential run-off of treated areas. When water is required to increase pesticide efficiency, Contractor will apply water only in quantities that each area is capable of receiving without excessive run-off. Contractor will not leave any pesticide or chemical unattended.
3. Contractor will take precaution and care in transferring and mixing pesticides to prevent contaminating areas outside the target area.
Contractor will use application methods that ensure that materials are confined to the target area. Contractor will dispose of pesticides within the guidelines established by the EPA.
e. Rodent Control
i. Contractor shall use best effort to control all rodents in landscaped areas in connection with any pest control service provider at the Stadium. Control of excessive numbers of rodents shall be considered an extra scope under this engagement and Stadium Manager shall request a quotation for specific task or project.
f. Weed Control
i. Contractor shall remove weed(s), including tumbleweeds, in all landscape and hardscape areas. Weed abatement is to include a total of four (4) abatements of weeds in the following areas within the monthly service fee*:
1. Gold lots one (1) and two (2)
2. In and around Stadium grounds, landscape, and hardscape
3. *Roof top terrace weed abatement will need to be monthly as active garden is in production and be conducted by hand.
g. Water Conservation
i. Contractor is responsible for obtaining water usage restrictions for property from applicable water district and maintaining the usage within allocations and within standards reasonably set by Stadium Manager.
III. PLANT MATERIALS
a. Turf
i. Fertilization:
1. Contractor will fertilize turf as required to maintain a lush, green appearance and perpetual growth.
2. Contractor will apply a complete fertilizer to all plants, at a minimum of eight (8) times per year, using appropriate nutrients and minerals.
3. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Edging:
1. Contractor will trim all turf edges adjacent to walks, curbs, paved area, fixtures at grade, and shrub or ground cover areas with a power edger or weed eater on a weekly basis to maintain a crisp and neat appearance.
2. Contractor shall trim turf areas adjacent to buildings, mow strips or header boards, fixtures at grade, and shrub or ground cover areas on a weekly basis.
3. Contractor will maintain a six- (6’) inch bare drift buffer zone around the circumference of all trees, buildings, and raised fixtures in the turf.
4. Contractor will exercise care regarding the use of weed eaters, to prevent damage to trees, building surfaces, walls, header board, light fixtures, signage, etc.,
iii. Mowing:
1. If required, at an additional cost, Contractor will mow turf and remove clippings on a weekly basis, except during November through March when mulch mowers are allowed.
2. During warm season (as determined by Stadium Manager), Contractor will cut cool season turf at least two and one half (2½”) inches. During cool season, Contractor will cut cool season turf to two (2”) inches. 22 3. Contractor will cut warm season turf at two to three (2-3”) inches.
4. Contractor will cut turf at a uniform height.
5. Contractor will cut turf with sharp blades.
6. Contractor will change mowing patterns weekly to avoid rutting.
7. Contractor will exercise care during the mowing operation to prevent damage to trees and other obstacles in the lawn areas like electrical boxes, fixtures, buildings and signage.
8. Contractor will not perform mowing in wet conditions.
9. Use of mulching mowers is authorized during the months of November through March.
10. Use of riding mowers is authorized on large open turf areas. iv. Weed, Pest and Disease Control: Contractor will maintain weed-, pest- and disease-free turf areas at all times by either chemical or mechanical means. v. Watering:
1. Contractor will operate the irrigation system to obtain 100% coverage and maintain uniform moisture throughout root zone.
2. Contractor will use a soil probe or moisture sensor to determine moisture needs.
3. Contractor will use repeat cycles to maximize penetration and minimize run-off.
4. Contractor will allow soil in turf areas sufficient time to dry prior to mowing to minimize soil compaction.
vi. Aeration:
1. Contractor will mechanically aerate turf areas on a site at maximum of two (2) times per year, to allow for proper water penetration and minimize runoff.
2. Contractor will use a plug aerator with three (3”) inch tines.
3. Contractor may remove aerator plugs by mowing immediately following aeration.
vii. Thatching/Over seeding of Plant Materials:
1. As needed, Contractor will thatch in October before over seeding, as directed by Stadium Manager.
2. Contractor will not thatch fescue unless directed by Stadium Manager.
3. Contractor will over seed all warm season turf areas with ten (10) pounds per thousand (1,000) square feet of perennial rye grass seed. Before over seeding, Contractor shall mow all warm season grass areas to threefourths (¾”) inch.
4. Contractor is responsible for broadcasting turf with pre-emergent chemical to eliminate crab grass during winter months.
b. Ground Cover
i. Fertilization:
1. Contractor will fertilize ground cover as required to maintain a lush, green appearance and maintain perpetual growth. Contractor will fertilize two (2) times per year using a complete fertilizer that provides appropriate nutrients and minerals.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Edging and Trimming:
1. Contractor will edge, as needed, adjacent walks, curbs, paved areas, buildings, shrubs, trees, and other miscellaneous objects in ground cover areas to maintain a neat, clean, well-defined edge.
2. Contractor will maintain a four to six (4-6”) inch bare dirt clearance around the circumference of all trees, shrubs, signs, etc., in ground cover and adjacent building structures.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain a weed, pest and disease-free ground cover at all 23 times.
2. Minimal weed growth is acceptable beneath ground cover height with prior approval from Stadium Manager.
3. The use of growth retardants is acceptable with prior approval from Stadium Manager.
iv. Watering:
1. Contractor will schedule water application to produce a deep- rooted ground cover (i.e., short run-times with repeat cycles). c. Shrubs
i. Fertilization:
1. Contractor will fertilize shrubs as required to maintain a lush, green appearance and perpetual growth.
2. Contractor will fertilize shrubs four (4) times per year with a complete fertilizer that provides appropriate nutrients and minerals.
3. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will prune shrubs to attain maximum desired effect or purpose while retaining as much of the natural characteristics or branching as possible.
2. Contractor will prune shrubs as required for: safety, removal of broken or diseased branches, general containment or appearance.
3. Contractor will prune shrubs with the intent to emphasize a shrub’s natural shape. Contractor will, initially, “pinch prune” to keep a shrub compact and develop structure. Contractor will, ultimately, annually remove fifty (50%) percent of old stems to the ground to rejuvenate.
a. The Ligustrum, Escallonia, Xylosma, and Japanese Boxwood shrubs (formal hedges) are intended to have straight, crisp edges.
Shearing is an acceptable method of pruning these varieties as directed by Stadium Manager.
4. Contractor will prune at the correct time of year, which is essential to maximize flowering potential.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain weed-, pest- and disease-free shrub beds at all times. Contractor will apply appropriate chemicals as required to control and prevent.
2. The use of growth retardant is acceptable with prior approval from Stadium Manager.
d. Vines
i. Fertilization:
1. Contractor will fertilize vines as required to maintain a lush, green appearance and perpetual growth. Contractor will fertilize a minimum of one (1) time per year with a complete fertilizer that provides appropriate nutrients and minerals.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will check and re-tie vines and espalier plants as required.
2. Contractor will not use nails to secure vines on masonry walls.
3. Contractor will prune all vines using accepted horticultural practices as indicated in “Sunset Pruning Handbook”.
4. Contractor will prune and maintain vines so as not to obstruct fixtures, signs, windows, etc.
iii. Watering:
1. Contractor will water as necessary to provide optimum growth with applicable allocations.
24 e. Color
i. Fertilization:
1. Contractor will fertilize all color a minimum of one (1) time per month with a pre-approved fertilizer that will maintain a lush, colorful appearance and perpetual growth.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
ii. Pruning:
1. Contractor will remove dead or faded blossoms, stems and foliage a minimum of one (1) time per month to encourage continued blooming and maintain a neat appearance.
iii. Weed, Pest and Disease Control:
1. Contractor will maintain weed- and pest- free color beds. Contractor will apply appropriate chemicals as required to control and prevent weeds, pests and disease
iv. Watering:
1. Contractor will water as required to promote optimum growth. Contractor will exercise care to prevent eroding of container soil or excess run-off from drainage holes in pots onto the hardscape.
v. Planting:
1. Contractor will provide and plant all annual color as part of this Agreement; Labor costs and material costs to prepare and amend color beds is included. Should be kept up through the entire twelve (12) month year. f. Trees
i. Contractor will not perform any tree work without prior approval and direction from Stadium Manager.
ii. Pruning:
1. Contractor will prune trees regardless of height (fifteen feet (15ft lower or higher) as required to remove broken, diseased branches or for general containment. It is Contractor’s prime responsibility to conduct a pruning program that Stadium Manager must approve. This pruning program should develop proper tree scaffolding, strength and appearance consistent with intended use.
2. Contractor will cause all pruning to be done by those who are experienced and skilled in pruning techniques. All cuts will be done using proper horticulture practices.
3. Pruning under this specification is limited to that which may be done from the ground.
4. Contractor will prune trees to allow for necessary clearances for pedestrians and vehicle circulation. Minimum canopy clearance of eight (8’) feet; maximum fifteen (15’) feet.
5. When needing to prune trees at fifteen (15’) feet or higher, coordination with Stadium Manager will need to happen and pruning will occur annually (every 12 months).
iii. Pest and Disease Control:
1. Contractor will apply all chemical controls as required to control or prevent pests and disease.
a. If disease is found on trees or other plants, identification of said disease, treatment plan and execution should be included in monthly contract and is not an add service to the agreement. iv. Tree Branching:
1. Contractor will check and correct tree stakes, ties and guys as required.
Contractor will adjust ties to prevent girdling. Contractor will remove unneeded stakes, ties and guys as directed. Contractor will replace lodge poles and twist ties due to inclement weather.
v. Fertilization of Trees:
25 1. Contractor will fertilize all trees to maintain a lush, green appearance and perpetual growth, as required. Contractor will fertilize with a complete fertilizer that provides appropriate nutrients and mineral. Fertilization of trees may require Contractor to perform deep root feeding or foliage application.
2. Contractor will be responsible for applying all materials required to correct mineral deficiencies affecting plant growth.
vi. Surface Root Removal of Trees:
1. Contractor will remove, as required, surface roots up to three (3”) inches in diameter, which become maintenance, appearance or liability problems to prevent damage to adjacent paved areas.
IV. IRRIGATION SYSTEM
g. Controllers
i. Contractor will adjust the watering schedule equal to the evapotranspiration rate that each plant is capable of receiving based on topography, soil type, plant material, season or climatic factors. Contractor will notify Stadium Manager of any schedule changes.
ii. Contractor will utilize repeat cycle on controller to eliminate excessive run-off. iii. Contractor will program hours of scheduled operation to minimize disease occurrence of plant material.
iv. Contractor will schedule irrigation operation to reduce possible nuisance from that operation to pedestrians or vehicles.
v. Contractor will obtain approval from Stadium Manager for scheduled operation occurring other than from 9:00 p.m. to 6:00 a.m.
vi. Contractor will perform preventative maintenance on controllers as needed and do a full review every 3 months and develop a report outlining the health of the system controllers.
vii. Controller maps are property of Stadium Manager. Contractor will replace lost or damaged controller maps at Contractor’s expense. Contractor will keep copies of controller maps in enclosures at all times.
viii. Contractor is responsible for maintenance of the interiors of controller enclosures.
No overgrowth of weeds, or pests shall be housed in enclosures. Enclosures should be checked every other week of service at the Stadium if not weekly. ix. Contractor will be responsible to notify Stadium Manager, before application, of any additional water requirements to the landscape that is above allocated amount. x. Contractor is responsible for keeping the plant material alive. If this requires an extra application of irrigation water, Contractor will make the necessary adjustments and immediately notify Stadium Manager upon doing so. xi. Only Stadium Manager and the Contractor Supervisor will have access to all controllers. Contractor Supervisor will ensure enclosures are padlocked at all times and will submit a duplicate key Stadium Manager.
xii. Contract Supervisor will turn off controllers only for necessary irrigation repairs or inclement weather, as instructed by Stadium Manager.
h. Operation of System
i. Contractor will personally observe all systems during each system’s operation cycle a minimum of once per month on Saturday, Sunday or as arranged with Stadium Manager, to verify effectiveness of sprinkler operation. ii. Contractor will adjust and clean as necessary all sprinkler heads, valves and pressure reducers to continue operation at maximum efficiency and performance. iii. Contractor will keep sprinkler heads in turf areas clear of overgrowth to ensure maximum operation. To prevent “elephant tracks,” Contractor is not allowed to perform chemical spraying or weed-eating around a sprinkler. iv. Contractor will trim plant material and make necessary adjustments to riser heights as growth areas indicate.
v. Contractor will hand-water any pots not provided with an irrigation system to maintain plants and promote optimum growth.
26 vi. Adjustments Contractor makes to operating pressure will be: 35 psi for spray heads and 45 psi for rotor type heads, to provide optimum efficiency, unless Stadium Manager instructs otherwise.
vii. Contractor will be allowed to hose-water stress spots in turf or color areas that require an extra water application, only with a hose-end restrictor. viii. Contractor will not be allowed to perform manual valve watering at any time, unless directed by Stadium Manager.
ix. Contractor will report irrigation system failure promptly to Stadium Manager. Plant damage or loss resulting from the failure to report irrigation system failure promptly will be considered Contractor negligence and Contractor will repair or replace the affected plant material at Contractor’s expense.
i. Repairs
i. Contractor will make any repair(s) in accordance with Stadium Manager’s current practices and as directed by Stadium Manager. Current practices are:
1. Repairs of system are to be assessed a standard rate and use an allocated repair budget of $300/month. If said budget does not cover repairs on a monthly basis, then a stand-alone rate using agreed upon rates herein must be used and presented to the Stadium Manager for approval.
2. Use of Rainbird 1800 series matched precipitation heads for all replacements, or match existing heads whenever possible (minimum six inch (6”) pop-up height).
3. All heads on triple swing joints.
4. As heads on risers break, they will be replaced with pop-ups if adjacent to traffic areas or walkways.
5. As impact heads break, replace with like rotors.
6. Malfunctions of any nature which are deemed to be the fault of materials or workmanship still covered under original installation guarantee shall be reported immediately to Stadium Manager.
ii. Contractor must submit itemized irrigation invoices for repairs, per property on a monthly basis that include the following information:
1. Date of repair, nature of repair.
2. Site map to illustrate location of repair.
V. CUSTODIAL AND CLEAN-UP WORK
j. Debris
i. Contractor will remove all debris resulting from the maintenance operations and dispose of it. Contractor will pick up all grass clippings deposited on roadways or walks after each mowing or trimming operation. Contractor will not allow debris to remain at the end of the work day.
ii. Contractor will not blow debris onto public property per city code. iii. Contractor will not dump in on-site dumpsters unless authorized by Stadium Manager.
iv. Green waste bins may be located on-site at Contractor’s expense with prior authorization by Stadium Manager.
k. Walkways
i. Contractor will maintain all walkways near hardscape or landscape areas clean of debris. Contractor will pick up trash from hardscape and landscape areas during weekly service.
l. Landscaped Areas
i. Contractor will remove debris, leaves and rubbish in landscaped areas during weekly service.
ii. Contractor will patrol all landscape areas weekly to check for vandalism, broken tree branches, rodents, snails, insects, pests, disease, etc. 27 Schedule A
Timing of Services
Contractor will provide the Services under this Agreement in accordance with the schedule set out below, and the provisions set out above in Exhibit A (“Scope of Services”). If a conflict exists between the schedules, Stadium Manager shall determine the schedule in consultation with Contractor. 28 29
EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration for the Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.
Required on-going services *** Invoiced monthly after service is rendered Service Description 4/19/23 – 3/31/24 4/1/24 – 3/31/25 4/1/25 – 3/31/26
1. General Landscape
Maintenance
$1378 $1420 $1463
2. Planter and Pot
Maintenance
$230 $237 $245
3. Tasman Great America
Clean up (Monthly)
$459 $473 $488
4. Gold Lot 4 & 5 weed
abatement clean up
$230 $237 $245
5. Full Stadium landscape
clean up (semi-annual)
$434
(monthly)
$448
(monthly)
$462
(monthly)
6. Full maintenance of roof top
landscape and weed
abatement
$230 $237 $245
Total Monthly Cost: $2961 $3052 $3148
Invoiced 1x annually after completion (May - June)
7. 56 Cubic Yard Mulch refresh
(material & labor)
($7728 annually) ($7968 annually) ($8256 annually)
Additional Services*** Invoiced 2x annually after completion (July & January)
8. 5 Gallon replacement plants
(material & labor)
$52/each $54/each $56/each
9. 1 Gallon replacement plants
(material & labor)
$28/each $29/each $30/each
10. Blue Lot weed abatement &
dead vegetation clean up
$11,000 $11,330 $11,670
11. Red Lot weed abatement &
dead vegetation clean up
$11,000 $11,330 $11,670
Additional Tree Service as per Request*** Invoiced after completion as needed
12. Tree Trimming (15ft and
above)
$1400 $1442 $1485
30 A. The pricing includes all costs, taxes, shipping, handling, and prevailing wages being paid for all labor in connection with the Services as required by Applicable Law. Any and all costs that exceed the above pricing, including taxes, shipping, handling, and any subcontractor costs, will be at Contractor’s sole expense and Contractor will have no right to invoice Stadium Manager or any third-party for any additional costs incurred by Contractor in the performance of the Services under this Agreement.
B. Contractor will not be reimbursed for any expenses, costs, or other fees Contractor incurs in the performances of the Services (e.g., irrigation system repairs, installation of replacement trees, etc.), unless approved in writing by Stadium Manager.
C. Contractor will comply with the pricing requirements set out in this Agreement.
Budget
The breakdown of agreement not to exceed amount for the three year period is as follows:
Total not to exceed amount for three years: $210,000
Year One – 4/19/23 through 3/31/24 - $68,000
Year Two – 4/1/24 through 3/31/25 - $70,000
Year Three – 4/1/25 through 3/31/26 - $72,000
31 UNIT PRICE SHEET
Wages and Fees
QTY
Price
4/19/23 –
3/31/24
Price
4/1/24 –
3/31/25
Price
4/1/25 –
3/31/26
Laborer / Enhancement Tech 1 Hr $90.00 $93.00 $96.00
Laborer / Irrigation Tech 1 Hr $105.00 $108.00 $111.00
Laborer / Maintenance Tech 1 Hr $52.00 $53.00 $54.00
Laborer / Plant Health Care Tech 1 Hr $115.00 $118.00 $122.00 Laborer / Water Management Tech 1 Hr $115.00 $118.00 $122.00 Supervisor Labor 1 Hr $200.00 $206.00 $212.00
Green Waste Disposal - Enhancement
Laborer 1 Cyd $150.00 $155.00 $160.00
Equipment Rental with Operator 1 Day $985.00 $1,015.00 $1,045.00 Trees / Shrubs / Annual Color
QTY
Price
4/19/23 –
3/31/24
Price
4/1/24 –
3/31/25
Price
4/1/25 –
3/31/26
15g Tree Install Kit- Premium 1 Each $440.00 $453.20 $466.80 15g Tree Install Kit 1 Each $385.00 $396.55 $408.45
24" Box Tree Install - Premium 1 Each $1,050.00 $1,081.50 $1,113.95 24" Box Tree Install Kit 1 Each $900.00 $927.00 $954.81 5g Shrub Install Kit - Premium 1 5g $68.00 $70.00 $72.00 5g Shrub Install Kit 1 5g $52.00 $54.00 $56.00
1g Shrub Install Kit - Premium 1 1g $40.00 $41.00 $42.00 1g Shrub Install Kit 1 1g $28.00 $29.00 $30.00
4" Color Flat (16 plants) Installed 1 Flat $68.00 $70.00 $72.00 JP Color (36 plants) Installed 1 Flat $45.00 $46.00 $47.00 Mulch
QTY
Price
4/19/23 –
3/31/24
Price
4/1/24 –
3/31/25
Price
4/1/25 –
3/31/26
Mulch Kit - Premium. Fir bark, walk on
bark, etc 1 Cyd $230.00 $237.00 $244.00
Mulch Kit - Recycled mulch, pro chip,
etc 1 Cyd $138.00 $142.00 $146.00
Labor only - spread recycled tree chips 1 Hr $90.00 $93.00 $96.00 Sod and Seeding
QTY
Price
4/19/23 –
3/31/24
Price
4/1/24 –
3/31/25
Price
4/1/25 –
3/31/26
Mulch - Compost (material only) 1 Each $124.00 $127.00 $131.00 Top Soil 1 Yard $80.00 $82.00 $85.00
Sod Install 1 Sq. Ft. $3.25 $3.35 $3.45
Over Seed 90/10 Tall Fescue sq. ft. Kit 1 Sq. Ft. $1.96 $2.02 $2.08 32 Irrigation Repairs
QTY
Price
4/19/23 –
3/31/24
Price
4/1/24 –
3/31/25
Price
4/1/25 –
3/31/26
Repair Broken Drip Line - Poly Pipe or
Netafim 1 Each $38.00 $39.00 $40.00
Repair Broken Lateral Pipe 1/2" to 1" 1 Each $243.00 $250.00 $258.00 Repair Broken Lateral Pipe 1-1/4" to
2" 1 Each $410.00 $422.00 $434.66
Repair Broken Mainline Pipe 2" to 3" 1 Each $710.00 $731.00 $752.93 Replace Bad Solenoid - 24 volts AC -
Rain Bird 1 Each $127.00 $131.00 $134.93
Replace Damaged Diaphrahm
Assembly - (1 1/2") 1 Each $210.00 $216.00 $222.48
Replace Plastic Remote Control Valve
(1 1/2") 1 Each $500.00 $515.00 $530.00
Replace Valve Box w/ Lid - Standard
14" x 19" Green Plastic
1 Each $155.00 $160.00 $164.80
Replace Rainbird 1806 SAM-PRS w/
MP Rotator Nozzle & Swing Assembly
1 Each $110.00 $113.00 $116.39
Add Rain Bird 1812 SAM-PRS w/ MP
Rotator Nozzle, Swing Assembly and
20' of 1/2" Lateral Pipe
1 Each $230.00 $235.00 $240.00
Add Hunter I-20 Rotor 6" Plastic- 3/4"
Swing Assembly and 30' of 3/4" Pipe 1 Each $275.00 $280.00 $285.00 33 EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) in the aggregate.
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law. Contractor is directed to review and execute the “Contractor’s Certification Regarding Worker’s Compensation” attached hereto as Exhibit F and incorporated herein by this reference prior to Agreement execution.
4. Employer’s liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of One Million Dollars ($1,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor’s services.
6. Umbrella or excess liability insurance in the amount of Two Million Dollars ($2,000,000) providing excess coverage over general liability, auto liability, and employer’s liability specified above.
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A-/VII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to liability insurance only, a provision including Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such policy has a deductible or self-insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.
34 EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence. 1 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 3 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
35 B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.
Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument. 4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
EXHIBIT E
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.6 Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening (or contract execution where no bid occurred) and maintain registration status for the duration of the Agreement.
• Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
6 If the Agreement is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
EXHIBIT F
CONTRACTOR’S CERTIFICATION REGARDING WORKER’S COMPENSATION I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Services on this Agreement.
Name of Contractor:
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-508 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report from Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Gachina Landscape Management for Landscaping Services at Levi’s Stadium
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
As the Stadium Manager, Forty Niners Stadium Management Company, LLC, is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Stadium Management Agreement between the Stadium Authority, Stadium Manager, and Forty Niners SC Stadium Company, LLC (StadCo).
The Stadium Manager is requesting approval to execute an agreement with Gachina Landscape Management for landscaping maintenance services for a three-year period beginning April 19, 2023 through March 31, 2026, with the option to extend the agreement for two additional one-year periods, in an amount not to exceed $68,000 for the first contract year, $70,000 for the second contract year, and $72,000 for the third contract year for a total not to exceed amount of $210,000 over the threeyear period.
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo (attached to corresponding report #23-507) and supporting documents for consistency against the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.140(c) (Competitive requirements for purchases - Formal requests for quotes for agreements greater than $15,000 and up to $250,000). The Stadium Manger’s Request for Proposals (RFP) received four proposals and the Stadium Manger is recommending award to the highest ranked proposer offering the best value (Gachina Landscape Management).
Based on the documentation, staff recommends approval of the Stadium Manager’s request to execute an agreement with Gachina Landscape Management to provide landscaping maintenance services for a three-year period beginning April 19, 2023 through March 31, 2026, in an amount not to exceed $68,000 for the first year, $70,000 for the second contract year, and $72,000 for the third contract year for a total not to exceed amount of $210,000 over the three-year period. Staff recommends delegating authority to the Executive Director to approve the Stadium Manager’s exercise of the option to extend with the same basic terms and conditions for two additional one-year periods, if the associated costs have been approved by the Board in the Stadium Authority Budget.
City of Santa Clara Page 1 of 3 Printed on 4/13/2023
powered by Legistar™
23-508 Agenda Date: 4/18/2023
The Stadium Authority Counsel’s Office has reviewed the requested agreement for comparison to the Stadium Authority’s customary language. While there are some differences in the language, including portions covering compliance with laws such as prevailing wage and conflict of interest, the agreement submitted here for approval contains the necessary language which identifies these legal obligations to the vendor. The vendor expressly agrees to adhere to such obligations upon its execution of the agreement. Nothing in the proposed agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.
In addition, per Paragraph 4(b) of the Settlement Agreement, the Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.
ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The Stadium Authority Fiscal Year (FY) 2023/24 Budget contains Shared Stadium Expenses (Shared Expenses) such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC (StadCo) per the Stadium Lease between Stadium Authority and StadCo.
There are sufficient funds in the FY 2023/24 Shared Expenses Engineering line item to cover the agreement cost for the first year (up to $68,000, of which the Stadium Authority is responsible for up to $34,000). Since the renewal term extends beyond a single fiscal year, the term for subsequent fiscal years is conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement as required under Santa Clara City Code Section 17.30.100.
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]> or at the public information desk at any City of Santa Clara public library.
City of Santa Clara Page 2 of 3 Printed on 4/13/2023
powered by Legistar™
23-508 Agenda Date: 4/18/2023
RECOMMENDATION
1. Approve the Stadium Manager’s request to execute an agreement with Gachina Landscape Management to provide landscaping maintenance services at Levi’s Stadium for a three-year period beginning April 19, 2023 through March 31, 2026, in an amount not exceed $68,000 for the first contract year, $70,000 for the second contract year, and $72,000 for the third contract year for a total not to exceed amount of $210,000 over the three-year period, subject to budget appropriations; and
2. Authorize the Executive Director to approve the Stadium Manager’s exercise of the option to extend the agreement with the same basic terms and conditions for two additional one-year periods, subject to budget appropriations.
Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Office of the Executive Director
City of Santa Clara Page 3 of 3 Printed on 4/13/2023
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-534 Agenda Date: 4/18/2023
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Request from Stadium Manager to Execute Amendment No. 1 to the Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
DISCUSSION
On April 6, 2023, the Stadium Manager submitted the attached Recommendation Memo along with supporting documentation, requesting approval to execute Amendment No.1 to a service agreement with ICS Integrated Communication Systems (ICS) for fire alarm testing, inspection, maintenance, and related services at Levi’s Stadium. Amendment No. 1 would provide a short-term extension to the agreement moving the term date from March 31, 2023 to May 31, 2023 and include a compensation amount not to exceed $10,000 for the extended time period.
In 2019, Stadium Manager executed an agreement with ICS Integrated Communication System for a multi-year period, commencing November 1, 2019 through March 31, 2023, for fire alarm testing, inspection, maintenance and related services at the Stadium.
In anticipation of the end of term, Stadium Manager completed a formal solicitation for a new fire alarm testing, inspection, maintenance and related services at Levi’s Stadium for a three-year period commencing April 1, 2023 through March 31, 2026 and received approval from the SCSA Board on March 21, 2023 to award an agreement to new contractor, Convergint Technologies.
The ICS agreement covered both annual and semi-annual fire alarm testing and inspection including addressing any deficiencies during the testing and inspection phase. As per the schedule, Stadium Manager and contractor conducted the annual testing which occurred in March 2023. Upon completion of the fire alarm testing and inspection, there were a number of deficiencies that need to be addressed by ICS to the next testing and inspection period. The Stadium Manager’s Recommendation Memo describes the request in more detail.
These costs will be charged as Stadium Authority Fiscal Year 2023/24 Shared Stadium Expenses (Shared Expenses) for the Engineering Department. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC (StadCo) per the Stadium Lease between Stadium Authority and StadCo.
City of Santa Clara Page 1 of 2 Printed on 4/13/2023
powered by Legistar™
23-534 Agenda Date: 4/18/2023
ATTACHMENTS
1. Stadium Manager’s Recommendation Memo
2. Original Agreement with ICS
3. Draft Amendment No. 1 to Agreement with ICS
City of Santa Clara Page 2 of 2 Printed on 4/13/2023
powered by Legistar™
1 Date: April 6, 2023
To: Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation to Amend Agreement with ICS Integrated Communications Systems
Recommendation
Recommend approval to execute Amendment No 1 to the agreement with ICS Integrated Communication Systems to provide fire alarm testing, inspection and related services at Levi’s Stadium, extending the agreement end date from March 31, 2023 to May 31, 2023 and increase the compensation not to exceed amount for this period by $10,000 to address the deficiencies identified during the recent annual fire alarm testing and inspection.
Reasons for Recommendation
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for Levi’s Stadium (Stadium) on a continual, year around basis, including overseeing the day-to-day operations and maintenance of the Stadium. Fire alarm testing, inspection and maintenance services on all fire extinguishing systems is required through a third party to ensure that all testing, inspection and maintenance for the fire alarms at the Stadium are completed in accordance with the standards set forth by the National Fire Protection Association and California Fire Code.
In 2019, Stadium Manager executed an agreement with ICS Integrated Communication System for a multi-year period, commencing November 1, 2019 through March 31, 2023, for fire alarm testing, inspection, maintenance and related services at the Stadium. The agreement covered both annual and semi-annual fire alarm testing and inspection including addressing any deficiencies during the testing and inspection phase.
As per the schedule, Stadium Manager and contractor conducted the annual testing which occurred in March 2023. Upon completion of the fire alarm testing and inspection, there are numerous deficiencies that need to be addressed by the incumbent contractor to finish the full scope of work.
Stadium Manager has already completed a formal solicitation for a new fire alarm testing, inspection, maintenance and related services at Levi’s Stadium for a three-year period, 2 commencing April 1, 2023 through March 31, 2026 and received approval from the SCSA Board on March 21, 2023 to award an agreement to a new contractor. However, the existing work needs to be completed by the incumbent contractor, ICS Integration Communication Systems, prior to the next testing and inspection period.
The compensation and pricing in the agreement with ICS Integrated Communication Systems referenced a not to exceed amount by each fiscal year. Since the recommended extension of the end date of the agreement from March 31, 2023 to May 31, 2023 falls in the new fiscal year, Stadium Manager has recommended an increase by $10,000 to complete the repair and has not included a total not to exceed compensation amount for the entire agreement.
Considering the upcoming large-scale events scheduled at Levi’s Stadium and to ensure continuous coverage of the fire alarm system and critical safety systems, extending the agreement for sixty days will allow Stadium Manager to address the deficiencies and ensure seamless service for fire and life safety concerns.
Submission of Post-Award Submittals
Once Stadium Manager receives approval from the SCSA Board, the amendment to the agreement will be executed by both parties and a copy forwarded to the Board. Supporting documentation has been provided for review and approval.
The cost for this service is covered in the FY23/24 SCSA Budget, Engineering Department budget, as a shared expense.
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
1 AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ICS INTEGRATED COMMUNICATION SYSTEMS
This Agreement for the Performance of Services (“Agreement”) is made and entered into on this November 1, 2019 (“Effective Date”) by and between ICS INTEGRATED COMMUNICATION SYSTEMS a California corporation with a principal place of business located at 6680 Via Del Oro, San Jose, CA 95119 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business located at 4900 Marie P.
DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated as of March 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY, LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated as of March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”) are parties to a certain Sublease Agreement dated as of March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated as of November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated as of May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated as of June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated as of March 18, 2014 (as the same may be, further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services” (the “Services”).
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 2 F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide the Services of the quality and type which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services; and, accordingly, the Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor shall have the right to provide, and Contractor agrees to provide, the Services, subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement:
AGREEMENT PROVISIONS
1. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
2. SERVICES TO BE PROVIDED.
A. Except as and to the extent expressly set forth in this Agreement, Contractor shall furnish all Services necessary to satisfactorily complete the work required by Stadium Manager at Contractor’s own risk and expense. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated by this reference.
B. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
C. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff, if applicable), and training. As described in greater detail in Section 7.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
D. Without limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
E. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
F. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 3 Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
3. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term or as mutually agreed upon in writing by the Parties.
4. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under Exhibit A shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such work shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the drawings shall be that used by Stadium Manager for similar projects.
5. TERM OF AGREEMENT.
The term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on March 31, 2023 provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. The Stadium Manager shall have the option, in its sole discretion, to extend the Term for additional one (1) year periods by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then-current Term.
6. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 4 7. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”).
The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities (e.g., offsite parking areas) for the performance of all of Contractor’s obligations under this Agreement.
C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 5 obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsible to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor’s breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on nonEvent days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non-recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 6 G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section Error! Reference source not found. below) arising out of its use, generation or storage of Hazardous Substances at the Stadium.
H. Contractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, or the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
I. As required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
J. The Services provided by Contractor under this Agreement are subject to compliance monitoring and enforcement by the Department of Industrial Relations. During the Term of this Agreement, Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform Work consistent with Labor Code section 1725.5.
K. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the Services. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Services are to be performed; the Stadium Manager has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project; and copies of the prevailing rate of per diem wages are on file at the Stadium Manager’s office and will be made available on request. Throughout the performance of the Services, Contractor must comply with all Applicable Laws that apply to wages earned in performance of the Services. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City, the Authority, the Stadium Manager and its Affiliates harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker or any other third party with regard thereto. Additionally, in accordance with the California Administrative Code, Title 8, Group 3, Article 2, Section 16000, Publication of Prevailing Wage Rates by Awarding Bodies, copies of the applicable determination of the Director can be found on the web at http://www.dir.ca.gov/DLSR/PWD/ and may be reviewed at any time.
L. Contractor shall provide a certified copy of its payroll, on forms to be determined by the Stadium Manager and consistent with the California Labor Code, within ten (10) days of the Contractor’s receipt of Stadium Manager’s written request therefor. Contractor’s failure to timely comply with this provision may subject the Contractor to penalties pursuant to state law.
8. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 7 9. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
10. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee patdown and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team-specified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment (e.g., a Club Area or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 8 interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
11. COMPENSATION AND PAYMENT.
A. In consideration for Contractor’s complete performance of the Services, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B, entitled “Contractor Compensation and Fees.” B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B, subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
12. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 9 correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section Error! Reference source not found.3; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 7.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing. Contractor and Stadium Manager acknowledge and agree that termination of this Agreement by Stadium Manager pursuant to this Section 11.A shall be “for cause.”
B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with Section 7.D and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement.
Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.
C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 10 within a reasonable amount of time following the Effective Date, Stadium Manager shall have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
13. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) neither Contractor, nor to Contractor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo.
14. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
15. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 11 16. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
17. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
18. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
19. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
20. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirements with respect to Contractor’s Services hereunder.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 12 21. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
22. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (“Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) in connection with or arising out of (i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
23. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.
24. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
25. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 13 26. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
27. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
28. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Jim Mercurio, Vice President
Address: Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
With a copy to: Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
And to Contractor as follows:
Attention: Legal Department
Address: ICS Integrated Communication Systems
6680 Via del Oro
San Jose, CA 95119
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
29. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
30. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
31. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 14 thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contracts Code.
32. COMPLIANCE WITH ETHICAL STANDARDS.
Contractor shall:
A. Read Exhibit D, entitled “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager”; and
B. Execute Exhibit E, entitled “Affidavit of Compliance with Ethical Standards.”
33. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
34. SUPPLEMENTAL PROVISIONS.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. Any terms contained in the attached Schedule 1 that contradict with terms contained elsewhere in this Agreement shall be resolved against the term contained in Schedule 1. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
[Signatures continued on next page]
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 15 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company By: _________________________________
Name: Jim Mercurio
Title: General Manager and VP, Stadium Operations
CONTRACTOR:
ICS INTEGRATED COMMUNICATION SYSTEMS a California corporation By: _________________________________
Name:
Title:
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC
16 AGREEMENT FOR THE PERFORMANCE OF SERVICES
ADDENDUM ONE
DEFINITIONS
The following terms shall have the meanings set forth below:
Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31. If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and (c) any other chemical or other material or substance, exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 17 EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide the following services at the Stadium during the Term, as directed by Stadium Manager:
A. Overview
a. Contractor will provide Stadium Manager fire alarm testing, inspections, and maintenance services as specified in this Exhibit A and at the rates contained in Exhibit B, both of which are attached and incorporated into the Agreement, at Levi’s Stadium for a multiyear period beginning November 1, 2019 through March 31, 2023, as requested by Stadium Manager; provided however, if the services extend beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. b. Testing, maintenance and inspection work will occur throughout the year at Levi’s Stadium located at 4900 Marie P. DeBartolo Way in Santa Clara, CA 95054. Testing, inspection and maintenance services are required on a recurring schedule. The Parties shall mutually agree upon the time and date for Contractor or a subcontractor of Contractor to perform and complete the Services at the Stadium during of the Term.
B. General Requirements
a. Contractor must possess the appropriate certification(s), and experience with the EST3 fire alarm systems to perform the Services. Contractor’s responsibilities will include performing fire alarm testing, inspection, and maintenance in accordance with both NFPA-72, California Fire Code, as they may be amended from time to time, and other applicable guidelines. Contractor’s will coordinate in advance with Stadium Manager all testing, inspection, and maintenance that Contractor performs under this Agreement.
b. Contractor will adhere to the prevailing wage and reporting requirements referenced in the Agreement and Exhibit G (“Prevailing Wage”), which is attached and incorporated into this Agreement.
c. Contractor shall perform the work described herein and shall furnish all labor, equipment, tools, special skills and materials required to perform the Services. d. Contractor shall provide Stadium Manager and maintain a current list of emergency numbers for 24-hour emergency response. Contractor shall initiate remedial action with one (1) hour of notification. Stadium Manager will determine what circumstances constitute an emergency in its sole discretion.
C. Minimum Qualifications
a. Contractor must possess, and continue to possess throughout the Term, the following minimum qualifications to be perform the Services under this Agreement:
i. Current C-10 Electrical Contractor License;
ii. EST3 Fire Alarm certification;
iii. Knowledge regarding all other current alarm systems defined below; iv. State of California Fire/Life/Safety technician certification; v. State of California electrician certification;
vi. Knowledge regarding NFPA-72 and California Fire Code; vii. Successfully have provided similar Fire Alarm Testing, Maintenance and Inspection services for a minimum of five (5) years for public assembly venues with a capacity of at least 20,000 patrons utilizing EST3 fire alarm systems. viii. Contractor’s personnel providing onsite service must have a minimum of three (3) years’ experience in providing similar Fire Alarm Testing, Maintenance and Inspection DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 18 services to public assembly venues referenced in item 7 above.
D. System Description
a. Contractor must be, and remain throughout the Term, knowledgeable regarding, and familiar with, EST3 fire alarm systems, including: modular hardware and software components, network components and rail modules (LRMs).
E. Preventive Maintenance
a. Contractor will be responsible for performing the work detailed in the Preventive Maintenance section of the EST3 Installation and Service Manual, referenced as Exhibit H (“Preventive Maintenance”), which is attached and incorporated into this Agreement. Contractor may propose additional testing and maintenance work to Stadium Manager based on contractor’s experience with similar systems, but such work will be subject to prior authorization by Stadium Manager. Contractor is responsible for being thoroughly familiar with the EST3 preventative maintenance requirements, as well as any other requirements from the NFPA, and the California Fire Code, as they may be amended from time to time. b. Unless Stadium Manager has existing stock or replacement parts, Contractor will provide necessary replacement of deficient or inoperable devices, including for those deficient or inoperable devices found during the course of system testing, inspection or preventative maintenance, or those devices that have failed during operation in connection with its maintenance responsibilities. Contractor must only use original replacement components manufactured by the original equipment manufacturer or other compatible components to preserve U.L. Listings and meet NFPA requirements.
F. Emergency Services & Onsite Response
a. Contractor will make emergency service response between scheduled tests available 24 hours a day/seven (7) days a week to minimize system down time. Stadium Manager will determine what circumstances constitute an emergency in its sole discretion. Contractor will provide support via a telephone response within (thirty) 30 minutes of being notified of an emergency, and Contractor’s service technicians shall be onsite within four (4) hours. Contractor will handle non-emergency calls, as determined by Stadium Manger, the next business day.
G. Levi’s Stadium Alarm Detail
a. Contractor will provide the Services, including fire alarm testing, inspection and maintenance work, for the fire alarm system devices referenced below and included as Exhibit F (“Levi’s Stadium Fire Alarm System Devices”), which is attached and incorporated into this Agreement, as well as for any other fire alarm system devices as directed by Stadium Manager.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 19 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The pricing list below sets out the various services with corresponding prices that Contractor agrees to offer Stadium Manager during the term of this Agreement.
Item
#
Description November 1, 2019 –
March 31, 2021
Pricing
April 1, 2021 –
March 31, 2022
Pricing
April 1, 2022 –
March 31, 2023
Pricing
1 Semi-annual
inspection
$10,560.00 $11,232.00 $11,808.00
2 Annual fire alarm
inspection
$77,250.00 $81,900.00 $86,100.00
3 Hourly rates $150 / hour $155 / hour $160 / hour
6 Parts MSRP less 10% MSRP less 10% MSRP less 10%
The pricing list above will govern all of services provided by Contractor to Stadium Manager during the Term. In no event shall the total fees paid under this Agreement during the Term exceed Two Hundred Thousand dollars ($200,000.00) during any fiscal year (ending each March 31) and Contractor shall have no obligation to provide the Services which would cause the fees to exceed such amount unless mutually agreed upon by the Parties in writing. Notwithstanding the foregoing, the Parties acknowledge and agree that the pricing listed above may be required to change in accordance with applicable law.
Any and all additional costs, including taxes, shipping, handling, and any subcontractor costs, shall be at Contractor’s sole expense and Contractor shall have no right to invoice Stadium Manager or any third-party for any additional costs incurred by Contractor in the performance of the Services under this Agreement
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 20 EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law.
4. Employer’s liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of One Million Dollars ($1,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor’s services.
6. Umbrella or excess liability insurance in the amount of Two Million Dollars ($2,000,000) providing excess coverage over general liability, auto liability, and employer’s liability specified above.
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A-/VII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to liability insurance only, a provision including Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such policy has a deductible or self-insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 21 EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
1 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation. 2 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years. 3 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC 22 B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.
Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC
EXHIBIT E
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I, ____________________, being first duly sworn, depose and state I am ___________________ of ICS Integrated Communication Systems and I hereby state that I have read and understand the language, entitled “Ethical Standards” set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of “Contractor” contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said “Contractor” category (i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.) has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
ICS INTEGRATED COMMUNICATION SYSTEMS a California corporation By:
Name:
Title:
NOTARY’S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public’s acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity, the entity’s complete legal name and the title of the person signing on behalf of the legal entity shall appear above.
Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC
Exhibit F
LEVI’S STADIUM FIRE ALARM SYSTEM DEVICES
A. Contractor will perform the Services for the fire alarm system devices listed below, as well as for any other fire alarm system devices as directed by Stadium Manager.
FIRE ALARM SYSTEM DEVICES LEVEL 100 BOWL SIDE TOWER SIDE Smoke Det. 54 61 231
Duct Det. 73 25 91
Heat Det. 0 12 10
Pull Station 0 0 0
Water Flow 6 12 8
PIV Valve 0 0 0
Valve Tamper 15 14 8
Control Relay 132 85 147
Monitor Module 24 34 58
TOTAL DEVICES - 1100 304 243 553
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC
EXHIBIT G
PREVAILING WAGE
The general prevailing rate of wage shall apply to this contract in accordance with the latest wage scale determination as set forth by the Department of Labor, Section 1770 to 1781 inclusive and section 1818 and 1817 inclusive of the Labor Code of the State of California and local laws thereto applicable, in the manner required by law, as ascertained, the general prevailing rate of wages and also the hourly rates for Saturday, Sunday, Holiday and overtime work, in the locality where this work is to be performed, for each craft, classification and type of workman or mechanic needed to perform the work of this project, as adopted by Resolution 79-83, and has published this wage scale in accordance with Section 1773 and 1773.2 of the said Labor Code, which scale will become a part of the contract. A copy of this wage scale may also be obtained from the office of the Director of Industrial relations, State of California, or http://www.dir.ca.gov/DLSR/PWD/mer.xls.
It shall be mandatory upon the Vendor to whom the contract is awarded, and upon all subcontractor under him, to ascertain and pay not less than the latest general prevailing hourly rates for Saturday, Sunday, Holidays, and overtime work for each workman or mechanic employed in the execution of the work of this project as per determination made by the Director of Industrial Relations, California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1.
No Bidder or Subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No Bidder or Subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC
EXHIBIT H
PREVENTIVE MAINTENANCE
DocuSign Envelope ID: 49B8C668-8591-4FC1-9CD3-F655DE75F9AC Amendment No. 1