City Council and Authorities Concurrent
March 11, 2025

24.00 2025-01-27 CA EMPLOYMENT DEVELOPMENT
DEPT
00570646 01/19/25-02/01/25 DD: SIT & SDI W/H B2503 Payroll Liability&ClearingAcct
132.00
Total for Payment No.: 156.00
Payment No: 724339
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 TATSUYA NAKATANI 00570383 77253-05 UTILITY
REFUND
UTILITY REFUND General Fund 155.38
Total for Payment No.: 155.38
Payment No: 724620
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 JYOTSNA PAGADRAI 00571166 75883-02 UTILITY
REFUND
UTILITY REFUND General Fund 155.02
Total for Payment No.: 155.02
Payment No: 724591
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 SUBURBAN PROPANE, LP 00570530 2726JAN2025 2025 BLK TNK RNT CALLE DE LUNA Sewer Utility 155.00 Total for Payment No.: 155.00
Payment No: 724317
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 RANJEET SINGH 00570315 22436-13 UTILITY
REFUND
UTILITY REFUND General Fund 154.16
Total for Payment No.: 154.16
Payment No: 724272
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 GRIGORII GORIACHII-SOKOL 00570296 13179-23 UTILITY REFUND
UTILITY REFUND General Fund 152.17
Total for Payment No.: 152.17
Payment No: 724258
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CHEN, YUTING 00570330 33694-25 UTILITY
REFUND
UTILITY REFUND General Fund 150.48
Total for Payment No.: 150.48
Payment No: 724444
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 VERIZON WIRELESS 00568001 9022377545 GPS Locate 24100200174 General Fund 150.00 Total for Payment No.: 150.00
Payment No: 724443
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 VERIZON WIRELESS 00568000 9022379556 GPS Locate 9022379556 General Fund 150.00 Total for Payment No.: 150.00
Payment No: 724442
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 VERIZON WIRELESS 00567999 9022375018 GPS Locate 2408120045 General Fund 150.00 Total for Payment No.: 150.00
Payment No: 724359
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CA FRANCHISE TAX BOARD 00570470 01/05/25-01/18/25JO WAGE ATTACHMENT Payroll Liability&ClearingAcct
150.00
Total for Payment No.: 150.00
Payment No: 724644
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CA FRANCHISE TAX BOARD 00571335 01/19/25-02/01/25JO WAGE ATTACHMENT Payroll Liability&ClearingAcct
150.00
Total for Payment No.: 150.00
Payment No: 724286
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 KAIYU HSIEH 00570357 60963-28 UTILITY
REFUND
UTILITY REFUND General Fund 146.89
Total for Payment No.: 146.89
Payment No: 724602
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 BLAINE OELKERS 00571170 79482-05 UTILITY
REFUND
UTILITY REFUND General Fund 145.49
Total for Payment No.: 145.49
Payment No: 724313
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 QIA SU 00570399 80529-04 UTILITY
REFUND
UTILITY REFUND General Fund 144.44
Total for Payment No.: 144.44
Payment No: 724369
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 AMN HEALTHCARE LANGUAGE

SERVICES INC
00569680 SIN609399 LANGUAGE TRANSLATION

SERVICES
General Fund 93.45
2025-01-24 AMN HEALTHCARE LANGUAGE

SERVICES INC
00569681 SIN666857 LANGUAGE TRANSLATION

SERVICES
General Fund 50.00
Total for Payment No.: 143.45
Payment No: 724623
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 MARTIN MEYER 00571152 36499-02 UTILITY
REFUND
UTILITY REFUND General Fund 141.89
Total for Payment No.: 141.89
Payment No: 724319
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 REBECA RIVERA-GONZALEZ 00570349 48639-11 UTILITY REFUND
UTILITY REFUND General Fund 141.75
Total for Payment No.: 141.75
Payment No: 724441
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 VERIZON WIRELESS 00567941 9022374509 GPS Locate 2409050102 General Fund 140.00 Total for Payment No.: 140.00
Payment No: 724299
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 NEXGEN BUILDERS INC 00570334 35601-07 UTILITY REFUND
UTILITY REFUND General Fund 139.88
Total for Payment No.: 139.88
Payment No: 724374
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CALIFORNIA JANITORIAL SUPPLY 00569805 121300A Nitrile Gloves General Fund 139.77 Total for Payment No.: 139.77
Payment No: 724255
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 BRYAN CABAN 00570322 26864-01 UTILITY
REFUND
UTILITY REFUND General Fund 139.00
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 139.00
Payment No: 724326
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SAMUEL CARVER 00570352 53690-21 UTILITY
REFUND
UTILITY REFUND General Fund 138.02
Total for Payment No.: 138.02
Payment No: 724133
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 CHAD BRITTENDAHL 00570006 37982JAN2025 MODERN CRISIS NEGOTIATIONS General Fund 138.00 Total for Payment No.: 138.00
Payment No: 724604
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CHEN, YING 00571167 77999-07 UTILITY
REFUND
UTILITY REFUND General Fund 136.27
Total for Payment No.: 136.27
Payment No: 724351
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 YU TE LIN 00570372 72594-18 UTILITY
REFUND
UTILITY REFUND General Fund 134.78
Total for Payment No.: 134.78
Payment No: 724533
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 LUPE LIMA 00570110 23855 tow fees General Fund 133.75 Total for Payment No.: 133.75
Payment No: 724300
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 NICOLE NAHARDO 00570381 77137-11 UTILITY
REFUND
UTILITY REFUND General Fund 133.18
Total for Payment No.: 133.18
Payment No: 724301
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 NOBUYA KASAI 00570408 82742-02 UTILITY
REFUND
UTILITY REFUND General Fund 130.45
Total for Payment No.: 130.45
Payment No: 724637
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 XIAOGUO LI 00571174 83359-04 UTILITY
REFUND
UTILITY REFUND General Fund 130.35
Total for Payment No.: 130.35
Payment No: 724608
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 EUIHYUN KIM 00571171 79624-08 UTILITY
REFUND
UTILITY REFUND General Fund 130.06
Total for Payment No.: 130.06
Payment No: 724730
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 UNIQUE TOWING 00570259 25-262860 TOW SERVICE - WO 156873, V3534 Fleet Operation Fund 130.00 Total for Payment No.: 130.00
Payment No: 724380
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CRIME SCENE CLEANERS INC 00569702 93035 car 3696 cleaning General Fund 130.00 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 130.00
Payment No: 724676
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 DOROTHY GUYOT 00571226 41683JAN2025 PARKS DEPT REFUND General Fund 130.00 Total for Payment No.: 130.00
Payment No: 724455
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 GEENA MARIE BONILLA 00570729 32410JAN2025 EXTRADITION General Fund 129.00 Total for Payment No.: 129.00
Payment No: 724296
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MOHMED KARIM RADHOUANI 00570386 77870-09 UTILITY REFUND
UTILITY REFUND General Fund 128.72
Total for Payment No.: 128.72
Payment No: 724307
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PAVAN PINNANRAJU 00570341 44390-17 UTILITY
REFUND
UTILITY REFUND General Fund 127.04
Total for Payment No.: 127.04
Payment No: 724360
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CA FRANCHISE TAX BOARD 00570471 01/05/25-01/18/25JR WAGE ATTACHMENT Payroll Liability&ClearingAcct
125.00
Total for Payment No.: 125.00
Payment No: 724357
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CA FRANCHISE TAX BOARD 00570466 01/05/25-01/18/25CB WAGE ATTACHMENT Payroll Liability&ClearingAcct
125.00
Total for Payment No.: 125.00
Payment No: 724646
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CA FRANCHISE TAX BOARD 00571337 01/19/25-02/01/25JR WAGE ATTACHMENT Payroll Liability&ClearingAcct
125.00
Total for Payment No.: 125.00
Payment No: 724641
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CA FRANCHISE TAX BOARD 00571332 01/19/25-02/01/25CB WAGE ATTACHMENT Payroll Liability&ClearingAcct
125.00
Total for Payment No.: 125.00
Payment No: 724618
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 JINGJIE JIANG 00571165 75458-10 UTILITY
REFUND
UTILITY REFUND General Fund 124.86
Total for Payment No.: 124.86
Payment No: 724274
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 HIROKI OSHIMA 00570298 14148-17 UTILITY
REFUND
UTILITY REFUND General Fund 124.38
Total for Payment No.: 124.38
Payment No: 032038
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 BAY AREA DATA SUPPLY 00570638 208176 servicing checks printer General Fund 120.00 Total for Payment No.: 120.00
Payment No: 032035
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 ALL GUARD ALARM SYSTEMS INC 00569856 A760291 MRTC MONTHLY RADIO DEC2024 Storm Drain 60.00 2025-01-31 ALL GUARD ALARM SYSTEMS INC 00569857 A760449 MRTC MONTHLY RADIO JAN2025 Storm Drain 60.00 Total for Payment No.: 120.00
Payment No: 724214
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 QUICK SMOG CHECK CENTER 00569064 26800 SMOG INSPECTION - WO 156766 Fleet Operation Fund 120.00 Total for Payment No.: 120.00
Payment No: 724704
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 QUICK SMOG CHECK CENTER 00570251 27029 LABOR - WO 156889, V3334 Fleet Operation Fund 120.00 Total for Payment No.: 120.00
Payment No: 724636
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 WUQIANG YANG 00571163 70807-18 UTILITY
REFUND
UTILITY REFUND General Fund 118.15
Total for Payment No.: 118.15
Payment No: 724348
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 WENZHANG JIANG 00570384 77270-05 UTILITY
REFUND
UTILITY REFUND General Fund 117.58
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 117.58
Payment No: 724350
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 YONGKANG CHEN 00558787 26566-20 UTILITY
REFUND
UTILITY REFUND General Fund 117.35
Total for Payment No.: 117.35
Payment No: 724630
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 SAMIA JONSON 00571175 83449-04 UTILITY
REFUND
UTILITY REFUND General Fund 116.59
Total for Payment No.: 116.59
Payment No: 724698
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 OIL CHANGER 00570249 33278DEC2024A SERVICE DECEMBER - FLEET Fleet Operation Fund 112.00 Total for Payment No.: 112.00
Payment No: 724294
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MARSALLI, ELISE 00570333 35449-01 UTILITY
REFUND
UTILITY REFUND General Fund 104.29
Total for Payment No.: 104.29
Payment No: 724259
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CHI HOANG 00570370 70748-19 UTILITY
REFUND
UTILITY REFUND General Fund 102.81
Total for Payment No.: 102.81
Payment No: 724640
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 YUFU WANG 00571164 70856-21 UTILITY
REFUND
UTILITY REFUND General Fund 102.35
Total for Payment No.: 102.35
Payment No: 724453
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 CALIFORNIA STATE FIRE TRAINING 00570704 28615JAN2025 Instructor 1 certification General Fund 100.00 Total for Payment No.: 100.00
Payment No: 724135
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 DPR CONSTRUCTION 00569451 15031DEC2024A PARTIAL REFUND BLD24-02162 General Fund 3.23 2025-01-17 DPR CONSTRUCTION 00569451 15031DEC2024A PARTIAL REFUND BLD24-02162 Fire New Dvlpmnt Srvc Fee

95.92 Total for Payment No.: 99.15
Payment No: 724279
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JIMMY FLORES 00570311 18388-07 UTILITY
REFUND
UTILITY REFUND General Fund 97.98
Total for Payment No.: 97.98
Payment No: 724256
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CARDOZA, SEBASTIAN 00570339 41860-04 UTILITY REFUND
UTILITY REFUND General Fund 94.42
Total for Payment No.: 94.42
Payment No: 724298
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 NAKAO, RYOSUKE 00570400 81433-02 UTILITY
REFUND
UTILITY REFUND General Fund 94.37
Total for Payment No.: 94.37
Payment No: 724305
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PAM CARR 00570331 33718-15 UTILITY
REFUND
UTILITY REFUND General Fund 93.02
Total for Payment No.: 93.02
Payment No: 724284
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JOSHUA REYNALDO 00570382 77175-06 UTILITY
REFUND
UTILITY REFUND General Fund 92.81
Total for Payment No.: 92.81
Payment No: 724201
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 INSTANT STORAGE SERVICE 00569560 154906 Storage Unit General Fund 92.76 Total for Payment No.: 92.76
Payment No: 724595
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 ADITYA SHIVANKAR 00571156 46878-27 UTILITY
REFUND
UTILITY REFUND General Fund 92.59
Total for Payment No.: 92.59
Payment No: 724463
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 ROBINS CLOUD LLP CLIENT TRUST 00570602 41563JAN2025 money return PD investigation Deposit Funds. 90.75 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 90.75
Payment No: 032073
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 NI GOVERNMENT SERVICES 00570107 24122908551 satellite radio General Fund 90.14 Total for Payment No.: 90.14
Payment No: 724293
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MARIA GOMES 00570340 43133-18 UTILITY
REFUND
UTILITY REFUND General Fund 89.12
Total for Payment No.: 89.12
Payment No: 724251
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ANA FIGUEROA 00570287 11188-09 UTILITY
REFUND
UTILITY REFUND General Fund 88.81
Total for Payment No.: 88.81
Payment No: 724261
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CHRISTINA PORTELLI 00570323 27797-03 UTILITY REFUND
UTILITY REFUND General Fund 87.59
Total for Payment No.: 87.59
Payment No: 724263
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CORAL GARCIA 00570316 22594-10 UTILITY
REFUND
UTILITY REFUND General Fund 87.00
Total for Payment No.: 87.00
Payment No: 003702
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-14 CA EMPLOYMENT DEVELOPMENT
DEPT
00569882 01/05/25-01/18/25 DD: SIT & SDI W/H B2502 OFF CY Payroll Liability&ClearingAcct

34.82 2025-01-14 CA EMPLOYMENT DEVELOPMENT
DEPT
00569882 01/05/25-01/18/25 DD: SIT & SDI W/H B2502 OFF CY Payroll Liability&ClearingAcct

50.15 Total for Payment No.: 84.97
Payment No: 724331
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SHUAI ZHANG 00570345 46767-23 UTILITY
REFUND
UTILITY REFUND General Fund 84.26
Total for Payment No.: 84.26
Payment No: 724334
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 STEFANIE GUNIA 00561941 76566-10 UTILITY
REFUND
UTILITY REFUND General Fund 83.19
Total for Payment No.: 83.19
Payment No: 724622
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 MARGO PARRAZ 00571157 46956-06 UTILITY
REFUND
UTILITY REFUND General Fund 82.14
Total for Payment No.: 82.14
Payment No: 724165
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 ALHAMBRA & SIERRA SPRINGS 00569414 4973747 122024 FLEET WATER SERVICE Fleet Operation Fund 81.18 Total for Payment No.: 81.18
Payment No: 724327
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SANG IL MOON 00570371 72571-17 UTILITY
REFUND
UTILITY REFUND General Fund 80.27
Total for Payment No.: 80.27
Payment No: 724365
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PG&E 00569658 0541963339-0DEC2024 TS @ CALVERT/CALVERT General Fund 79.15 Total for Payment No.: 79.15
Payment No: 724264
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 DAVID ALVARADO 00570314 21282-11 UTILITY
REFUND
UTILITY REFUND General Fund 77.71
Total for Payment No.: 77.71
Payment No: 724603
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CHAO YI HSU 00571172 82514-02 UTILITY
REFUND
UTILITY REFUND General Fund 77.01
Total for Payment No.: 77.01
Payment No: 724731
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 UNITED PARCEL SERVICE 00570999 00009882E5035A DELIVERY CHARGES General Fund 18.00 2025-02-07 UNITED PARCEL SERVICE 00570999 00009882E5035A DELIVERY CHARGES General Fund 57.92 Total for Payment No.: 75.92
Payment No: 724614
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 HOWARD HONG 00546485 75636-04 UTILITY UTILITY REFUND General Fund 75.38 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid REFUND
Total for Payment No.: 75.38
Payment No: 724702
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 PACIFIC TELEMANAGEMENT SVCS 00570456 2130530 PD PAY PHONE SERVICE JAN 2025 Information Technology Service

75.00 Total for Payment No.: 75.00
Payment No: 724358
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CA FRANCHISE TAX BOARD 00570468 01/05/25-01/18/25CG WAGE ATTACHMENT Payroll Liability&ClearingAcct

75.00 Total for Payment No.: 75.00
Payment No: 724643
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 CA FRANCHISE TAX BOARD 00571334 01/19/25-02/01/25CG WAGE ATTACHMENT Payroll Liability&ClearingAcct

75.00 Total for Payment No.: 75.00
Payment No: 724228
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 STEVENS CREEK CHRYSLER JEEP 00569519 385939 PARTS - V3509 Fleet Operation Fund 72.89 Total for Payment No.: 72.89
Payment No: 724534
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 MATHEW BENDER & CO., INC. 00570106 4438677X 1241 AD BK General Fund 71.08 Total for Payment No.: 71.08
Payment No: 724175
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 CODE PUBLISHING CO 00570022 GCI0016383 MUNICIPAL CODE-WEB UPDATE General Fund 70.50 Total for Payment No.: 70.50
Payment No: 724674
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 DANA SAFETY SUPPLY, INC 00570410 944779 PARTS - V3726 Vehicle Replacement Fund

69.84 Total for Payment No.: 69.84
Payment No: 031998
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 GRAINGER-SAN JOSE 00569783 9362198047 PARTS - V3217 Fleet Operation Fund 69.54 Total for Payment No.: 69.54
Payment No: 724401
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 KALL8 00567948 E42516113024 Monthly Q Card General Fund 20.90 2025-01-24 KALL8 00569720 E42516123124 Monthly Q Card General Fund 21.04 2025-01-24 KALL8 00567946 E42516103124 Monthly Q Card General Fund 21.35 Total for Payment No.: 63.29
Payment No: 724290
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 LUONG, SHAYLA 00570374 73722-06 UTILITY
REFUND
UTILITY REFUND General Fund 63.06
Total for Payment No.: 63.06
Payment No: 724625
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 MITSUKO SHIMABUKU 00557000 51119-05 UTILITY
REFUND
UTILITY REFUND General Fund 62.54
Total for Payment No.: 62.54
Payment No: 724173
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 CA DEPT OF TOXIC SUBSTANCE
CNTRL
00569281 24SM2427 Reed & Grant Toxic Control General Fund 59.05 Total for Payment No.: 59.05
Payment No: 724257
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CHAD BROWER 00570367 68305-06 UTILITY
REFUND
UTILITY REFUND General Fund 58.51
Total for Payment No.: 58.51
Payment No: 724587
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 NICHOLAS GERMANO 00560349 16115JUL2024 REIMB COMMERCIAL DL RENEWAL General Fund 58.00 Total for Payment No.: 58.00
Payment No: 724638
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 YIFU CHEN 00571173 83279-02 UTILITY
REFUND
UTILITY REFUND General Fund 57.90
Total for Payment No.: 57.90
Payment No: 724291
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MAAR, ANDREAS 00570387 77976-03 UTILITY

REFUNDA
UTILITY REFUND General Fund 57.52
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 57.52
Payment No: 724166
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 ALLIED AUTO STORES 00569019 01GT9028 PARTS - V3084 Fleet Operation Fund 57.32 Total for Payment No.: 57.32
Payment No: 724344
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 VAMSHI MALGAM 00570292 12654-30 UTILITY
REFUND
UTILITY REFUND General Fund 57.11
Total for Payment No.: 57.11
Payment No: 724310
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PRADIP KUMAR CHAND 00570343 45592-35 UTILITY REFUND
UTILITY REFUND General Fund 56.85
Total for Payment No.: 56.85
Payment No: 724193
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 FLEETPRIDE, INC. 00569039 122176030 PARTS - SHOP Fleet Operation Fund 56.10 Total for Payment No.: 56.10
Payment No: 724355
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ZHANG, YU 00570293 12865-23 UTILITY
REFUND
UTILITY REFUND General Fund 54.78
Total for Payment No.: 54.78
Payment No: 724304
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ONLY ITALIAN DESIGN LLC 00570312 19002-09 UTILITY REFUND
UTILITY REFUND General Fund 53.12
Total for Payment No.: 53.12
Payment No: 724197
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 GOLDEN STATE EMERGENCY

VEHICLE SERV, INC
00569446 CI048698 PARTS - STOCK Fleet Operation Fund 52.97 Total for Payment No.: 52.97
Payment No: 724677
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 EAGLE SIGNS AND DESIGNS LLC 00570570 7539 CITY HALL LEGEND SIGN General Fund 52.33 Total for Payment No.: 52.33
Payment No: 724335
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 STEPAN VANECEK 00570299 14785-20 UTILITY
REFUND
UTILITY REFUND General Fund 51.60
Total for Payment No.: 51.60
Payment No: 724601
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 BHARATH REDDY GODI 00571134 14494-30 UTILITY REFUND
UTILITY REFUND General Fund 50.54
Total for Payment No.: 50.54
Payment No: 724737
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 VERIZON WIRELESS 00570535 6101922647 FIRE/STADIUM WIRELESS General Fund 50.10 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 50.10
Payment No: 724482
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 AMN HEALTHCARE LANGUAGE

SERVICES INC
00570124 SIN675262 LANGUAGE TRANSLATION

SERVICES
General Fund 50.00
Total for Payment No.: 50.00
Payment No: W25165
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 WASHINGTON TRUST BANK 00570482 01/05/25-01/18/25 WT:VEBA CONTRIB B2502 Fringe Benefits 50.00 Total for Payment No.: 50.00
Payment No: 724624
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 MINGCHEN LIU 00571149 27012-31 UTILITY
REFUND
UTILITY REFUND General Fund 49.81
Total for Payment No.: 49.81
Payment No: 724332
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SONG, SICONG 00570393 78998-05 UTILITY
REFUND
UTILITY REFUND General Fund 48.18
Total for Payment No.: 48.18
Payment No: 031938
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 LINDE GAS & EQUIPMENT INC. 00569538 47039575 SERVICE - SHOP Fleet Operation Fund 43.50 2025-01-17 LINDE GAS & EQUIPMENT INC. 00569538 47039575 INVOICE FEE Fleet Operation Fund 2.18 Total for Payment No.: 45.68
Payment No: 724423
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SAN JOSE BMW 00569790 4406252 PARTS - V3242 Fleet Operation Fund 45.48 Total for Payment No.: 45.48
Payment No: 724288
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 LOUIE REYNOSO 00570332 34888-01 UTILITY
REFUND
UTILITY REFUND General Fund 45.00
Total for Payment No.: 45.00
Payment No: 724252
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ANA IKIER 00570297 13261-23 UTILITY
REFUND
UTILITY REFUND General Fund 44.78
Total for Payment No.: 44.78
Payment No: 724607
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 DUKE H DOAN 00571153 38226-01 UTILITY
REFUND
UTILITY REFUND General Fund 44.50
Total for Payment No.: 44.50
Payment No: 724325
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SAMEERA VELAMURI 00570390 78199-09 UTILITY
REFUND
UTILITY REFUND General Fund 43.01
Total for Payment No.: 43.01
Payment No: 724253
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ARULSELVAN, SENTHIVEL 00570404 82164-06 UTILITY UTILITY REFUND General Fund 42.83 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid REFUND
Total for Payment No.: 42.83
Payment No: 724196
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 GOLDEN GATE TRUCK CENTER 00569438 FA005307894:01 PARTS - VD1321 Fleet Operation Fund 41.84 Total for Payment No.: 41.84
Payment No: 724311
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PRASHANT MESHRAM 00570356 57610-06 UTILITY
REFUND
UTILITY REFUND General Fund 39.02
Total for Payment No.: 39.02
Payment No: 724247
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ABITHA THIRU 00570291 12055-05 UTILITY
REFUND
UTILITY REFUND General Fund 38.70
Total for Payment No.: 38.70
Payment No: 724177
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 COUNTY OF SANTA CLARA 00569567 1800092267 Name Plates General Fund 38.28 Total for Payment No.: 38.28
Payment No: 724354
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 YUNDA YANG 00570328 31658-33 UTILITY
REFUND
UTILITY REFUND General Fund 38.14
Total for Payment No.: 38.14
Payment No: 724475
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 PG&E 00570141 1086875099-2 JAN2025 PG&E Lawrence Station General Fund 36.88 Total for Payment No.: 36.88
Payment No: 724570
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 UNITED PARCEL SERVICE 00570636 00009882E5015A Delivery charges to city clerk General Fund 18.00 2025-01-31 UNITED PARCEL SERVICE 00570679 00009882E5025A delivery charges - city clerk General Fund 18.00 Total for Payment No.: 36.00
Payment No: 724309
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 POOJITHA MAHESHSHYLA 00570295 13107-24 UTILITY REFUND
UTILITY REFUND General Fund 35.59
Total for Payment No.: 35.59
Payment No: 724356
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ZHEHAO HU 00570402 81561-04 UTILITY
REFUND
UTILITY REFUND General Fund 35.43
Total for Payment No.: 35.43
Payment No: 031912
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 BELL ELECTRICAL SUPPLY, INC. 00569175 5835388 WALL PLATE General Fund 34.93 Total for Payment No.: 34.93
Payment No: 724330
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SHRINIDHI BHAT 00565446 13415-14 UTILITY UTILITY REFUND General Fund 34.76 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid REFUND
Total for Payment No.: 34.76
Payment No: 724352
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 YUE DAI 00570379 77017-06 UTILITY
REFUND
UTILITY REFUND General Fund 33.55
Total for Payment No.: 33.55
Payment No: 724275
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JAVIER MORENO 00570294 12924-22 UTILITY
REFUND
UTILITY REFUND General Fund 33.30
Total for Payment No.: 33.30
Payment No: 724711
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 SANTA CLARA WINDUSTRIAL CO 00570413 075795 01 10 FT. GALVANIZED CHANNEL General Fund 31.65 Total for Payment No.: 31.65
Payment No: 724342
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 TIM CHOI 00570389 78188-13 UTILITY
REFUND
UTILITY REFUND General Fund 31.62
Total for Payment No.: 31.62
Payment No: 724347
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 WENYU LIU 00570405 82210-02 UTILITY
REFUND
UTILITY REFUND General Fund 28.98
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 28.98
Payment No: 724333
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 SRINIVAS BOTLAGUDURU 00570336 37664-25 UTILITY REFUND
UTILITY REFUND General Fund 28.64
Total for Payment No.: 28.64
Payment No: 724287
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 KOMAL VIJAYSINH KADAM 00570380 77100-07 UTILITY REFUND
UTILITY REFUND General Fund 27.56
Total for Payment No.: 27.56
Payment No: 724308
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 PEIYUAN CHIANG 00570407 82513-04 UTILITY
REFUND
UTILITY REFUND General Fund 27.06
Total for Payment No.: 27.06
Payment No: 724341
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 THERESA SITCHLER 00570329 32290-21 UTILITY
REFUND
UTILITY REFUND General Fund 27.00
Total for Payment No.: 27.00
Payment No: 724295
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MEGHDOOT BHATTACHARYA 00570369 70359-05 UTILITY REFUND
UTILITY REFUND General Fund 26.70
Total for Payment No.: 26.70
Payment No: 724268
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 EDALINA VARGAS 00570351 49125-01 UTILITY
REFUND
UTILITY REFUND General Fund 26.70
Total for Payment No.: 26.70
Payment No: 724320
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 REMBERTO SALGUERO SALGUERO 00570317 22669-08 UTILITY REFUND
UTILITY REFUND General Fund 25.36
Total for Payment No.: 25.36
Payment No: 724621
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 LOUIE REYNOSO 00571151 34888-01 UTILITY

REFUNDA
UTILITY REFUND General Fund 25.00
Total for Payment No.: 25.00
Payment No: 724277
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JEAN PAUL LAVAUD 00570326 29499-12 UTILITY
REFUND
UTILITY REFUND General Fund 24.76
Total for Payment No.: 24.76
Payment No: 724231
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 TRIANGLE FASTENER

CORPORATION
00569400 25011760-00 SUPPLIES - TRAFFIC General Fund 24.72 Total for Payment No.: 24.72
Payment No: 032153
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 PAN ASIAN PUBLICATIONS (USA)
INC
00570506 U-18147 1241 AD BK General Fund 24.67
Total for Payment No.: 24.67
Payment No: 724639
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 YUE CAO 00571162 66565-03 UTILITY
REFUND
UTILITY REFUND General Fund 23.58
Total for Payment No.: 23.58
Payment No: 724281
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JINJIE HE 00570378 76802-05 UTILITY
REFUND
UTILITY REFUND General Fund 23.00
Total for Payment No.: 23.00
Payment No: 724285
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JR SERIES 3 BAY AREA LLC 00570290 11825-15 UTILITY REFUND
UTILITY REFUND General Fund 22.73
Total for Payment No.: 22.73
Payment No: 032040
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 00570818 1017676 LEGAL SERVICES - CHANGE
ORDER
Total for Payment No.: 22.50
Payment No: 724480
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 ALTEC INDUSTRIES INC 00570185 12785043 PARTS - V3204 Fleet Operation Fund 21.64 -
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 21.64
Payment No: 724426
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 STANDARD PLUMBING SUPPLY CO 00569810 XXWK69 1-1/2 P-Trap General Fund 2.29 2025-01-24 STANDARD PLUMBING SUPPLY CO 00569811 XXQC58 PVC accessories General Fund 18.57 Total for Payment No.: 20.86
Payment No: 724278
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JIEQUAN ZHANG 00570397 80511-06 UTILITY
REFUND
UTILITY REFUND General Fund 20.34
Total for Payment No.: 20.34
Payment No: 724517
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-31 GEOTAB USA 00570212 IN413112 SERVICE PLAN Solid Waste Program 19.75 Total for Payment No.: 19.75
Payment No: 724613
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 HOWARD BLOOM 00571143 21801-09 UTILITY
REFUND
UTILITY REFUND General Fund 19.35
Total for Payment No.: 19.35
Payment No: 724626
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 QIZHENG YU 00571133 13883-19 UTILITY
REFUND
UTILITY REFUND General Fund 19.35
Total for Payment No.: 19.35
Payment No: 724346
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 WEIQI ZHANG 00570396 79492-07 UTILITY
REFUND
UTILITY REFUND General Fund 18.57
Total for Payment No.: 18.57
Payment No: 724323
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 RUOXI JIA 00570401 81443-04 UTILITY
REFUND
UTILITY REFUND General Fund 17.93
Total for Payment No.: 17.93
Payment No: 724250
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ALON BRAND 00570394 79150-02 UTILITY
REFUND
UTILITY REFUND General Fund 15.23
Total for Payment No.: 15.23
Payment No: 724260
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CHIA-CHE CHANG 00570377 76481-11 UTILITY
REFUND
UTILITY REFUND General Fund 15.17
Total for Payment No.: 15.17
Payment No: 724349
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 XIAOLEI GUO 00570392 78883-14 UTILITY
REFUND
UTILITY REFUND General Fund 14.71
Total for Payment No.: 14.71
Payment No: 724315
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 RADMILA STARCEVIC 00570325 28973-07 UTILITY
REFUND
UTILITY REFUND General Fund 14.25
Total for Payment No.: 14.25
Payment No: 724610
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 GITA GOBAYA 00571130 11846-23 UTILITY
REFUND
UTILITY REFUND General Fund 13.66
Total for Payment No.: 13.66
Payment No: 724269
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 EDUARDO MERINO GONZALEZ 00570338 40154-13 UTILITY REFUND
UTILITY REFUND General Fund 12.26
Total for Payment No.: 12.26
Payment No: 724292
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 MANDAKINEE SINGH PATEL 00570344 46618-29 UTILITY REFUND
UTILITY REFUND General Fund 11.35
Total for Payment No.: 11.35
Payment No: 724612
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 HO, TIMOTHY 00571135 16174-26 UTILITY
REFUND
UTILITY REFUND General Fund 10.57
Total for Payment No.: 10.57
Payment No: 724631
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 SARAI GARCIA 00571154 43219-23 UTILITY UTILITY REFUND General Fund 10.05 Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid REFUND
Total for Payment No.: 10.05
Payment No: 724265
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 DIANA LUM 00570354 57290-09 UTILITY
REFUND
UTILITY REFUND General Fund 9.82
Total for Payment No.: 9.82
Payment No: 724353
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 YUN CHIEH LIN 00570376 76134-02 UTILITY
REFUND
UTILITY REFUND General Fund 9.78
Total for Payment No.: 9.78
Payment No: 724224
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-17 STANDARD PLUMBING SUPPLY CO 00569187 XVZY73 PLUMBERS PUTTY General Fund 9.74 Total for Payment No.: 9.74
Payment No: 724596
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 AKSHAT PUROHIT 00571155 45381-16 UTILITY
REFUND
UTILITY REFUND General Fund 9.69
Total for Payment No.: 9.69
Payment No: 724262
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 CLARA MEDICAL SPA 00570348 47744-08 UTILITY
REFUND
UTILITY REFUND General Fund 8.80
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid Total for Payment No.: 8.80
Payment No: 724273
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 HIMANSHU DESAI 00570355 57299-18 UTILITY
REFUND
UTILITY REFUND General Fund 8.21
Total for Payment No.: 8.21
Payment No: 724270
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ELIZABETH HO 00570368 70318-03 UTILITY
REFUND
UTILITY REFUND General Fund 7.96
Total for Payment No.: 7.96
Payment No: 724616
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-02-07 JENNIFER BOWERS 00571168 78087-07 UTILITY
REFUND
UTILITY REFUND General Fund 7.19
Total for Payment No.: 7.19
Payment No: 724280
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 JING ZHOU 00570353 55468-03 UTILITY
REFUND
UTILITY REFUND General Fund 6.09
Total for Payment No.: 6.09
Payment No: 724249
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 ALEX NIEL 00570327 30437-03 UTILITY
REFUND
UTILITY REFUND General Fund 5.49
Total for Payment No.: 5.49
Payment No: 724322
Payment Date Vendor Name Voucher No. Invoice No. Description Fund Code Amount Paid 2025-01-24 RICHARD TAM 00570395 79416-05 UTILITY
REFUND
UTILITY REFUND General Fund 5.37
Total for Payment No.: 5.37
All Other City Funds Group Total 34,530,603.04
Overall Total 84,321,960.54
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-74 Agenda Date: 3/11/2025

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to Negotiate and Execute Amendment No. 1 to the Agreement with Dasher Technologies, Inc. to Extend Support for Silicon Valley Power’s IBM Blade Center Servers

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On February 25, 2020 (RTC 20-180), the City Council authorized the City Manager to execute an agreement with Dasher Technologies, Inc. (Dasher) to replace Silicon Valley Power’s (SVP’s) IBM Blade Center servers that were at end of service life. SVP has business-critical applications that run on blade center servers used for daily business operations. The agreement with Dasher included the replacement of the IBM servers with Hewlett Packard Enterprise (HPE) Synergy Blade Center solution, including all hardware, software, and professional services to design, implement, maintain, and support the system. The scope also included enhancements to the existing technology infrastructure and efficiency improvements to various business processes.

Dasher completed the project and has provided ongoing support for the servers since 2020.

DISCUSSION
The term of the agreement with Dasher ends on June 30, 2025. Based on the timing of installation of servers, the current support period ends on March 24, 2025. Dasher is the vendor that initially set up and configured SVP’s system, they have a thorough understanding of SVP’s custom configuration and can continue system maintenance to minimize any service disruptions of this critical system.

Additionally, Dasher is local so they can deploy resources swiftly under urgent circumstances.

Typically, Dasher authorizes service contracts for one or two-year periods. Therefore, staff recommend extending the term of the agreement for two years, with an option for an additional two years for a maximum of four years. The annual maintenance support cost is approximately $100,000, subject to reasonable price adjustments based on market conditions as well as changes to or additions of equipment.

Staff recommend authorization for the City Manager to negotiate and execute Amendment No. 1 to the Agreement with Dasher Technologies, Inc. to extend the term through March 24, 2027, and increase the maximum compensation by up to $202,322.90 from $797,677.10 to $1 million.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no City of Santa Clara Printed on 3/7/2025Page 1 of 2
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25-74 Agenda Date: 3/11/2025
potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Furthermore, the action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The proposed Amendment No. 1 to the Agreement with Dasher would increase the maximum compensation by up to $202,322.90. Sufficient funds are available in the FY 2024/25 Operating Budget in the Electric Utility Operating Fund - Systems Support Division. Budget for future years will be requested through the biennial process

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement for Services with Dasher Technologies, Inc. (Agreement) for up to two additional years ending on March 24, 2027, for support of SVP’s IBM Blade Center servers and increase the maximum compensation by up to $202,322.90 from $797,677.10 to $1,000,000, subject to the review and approval as to form by the City Attorney; and

2. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and negotiate and execute future amendment(s) to (1) add or delete services or covered equipment, (2) adjust future rates to account for reasonable changes in pricing, (3) extend the term for up to two additional years through March 24, 2029, and (4) increase the maximum compensation by up to an additional $250,000 for a total maximum compensation of $1,250,000, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Agreement for Services with Dasher Technologies, Inc.

City of Santa Clara Printed on 3/7/2025Page 2 of 2
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EBIX Insurance No. S200004442

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
DASHER TECHNOLOGIES, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Dasher Technologies, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A - Scope of Services
Exhibit B - Compensation
Exhibit C - Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on March 1, 2020 and terminate on June 30, 2025.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR -STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "COMPENSATION." The maximum compensation of this Agreement is Seven Hundred Ninety-Seven Thousand Six Hundred Seventy-Seven Dollars and Ten Cents ($797,677.10) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed 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.

Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail [email protected] ,
[email protected] and [email protected] And to Contractor addressed as follows:

Dasher Technologies, Inc.
675 Campbell Technology Parkway, Suite 100
Campbell, CA 95008
and by e-mail at [email protected] and
michael.cook@dasher .com
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCEWITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW 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.

23. 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.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

Agreement with Dasher Technologies, Inc.

Rev. 07-01-18

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: ,i- -d--l -J-t;;:;J._ Cl
City Attorney
"CITY"
D~ Jf's!~ NTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
DASHER TECHNOLOGIES, INC.
a California corporation
Dated: 01/29/2020
By (Signature) : ~ Q. 0t1,h
Name: Michael Cookt
Title: CFO
Principal Place of 675 Campbell Technology Parkway, Suite 100 Business Address: Campbell, CA 95008
Email Address: [email protected]
Telephone: (408) 409-2849
Fax: - --- - ------ - - --- - -
Agreement with Dasher Technologies, Inc.

Rev. 07-01-18
"CONTRACTOR "

EXHIBIT A

SCOPE OF SERVICES
The following Scope of Services defines the principal tasks and responsibilities of Contractor and the City of Santa Clara (hereinafter "City") for the replacement of the IBM Blade Center with Hewlett Packard Enterprise Synergy Solution.

1. PROJECT DESCRIPTION

1.1. The City of Santa Clara's Electric Utility, Silicon Valley Power (SVP) has IBM Blade Centers that are at end-of-life and require replacement. The IBM Blade Centers are located at the following two locations:

1.1.1. Primary location at 881 Martin Avenue, Santa Clara, CA 95050 (1601A)

1.1.2. Secondary location at 1705 Martin Avenue, Santa Clara, CA 95050 (1601B)

1.2. Under this agreement, Contractor shall provide a turnkey solution to replace the IBM Blade Centers with Hewlett Packard Enterprise (HPE) Synergy Solution (System) at both locations specified above. Contractor shall be responsible for the provision of all hardware, software, and services to design, implement, maintain, and support the System.

2. DOCUMENTS

2.1. This Exhibit contains the following Appendices:

2.1.1. AppendixA-1: Project Cost Breakdown

2.1.2. Appendix A-2: Preliminary Project Schedule

2.1.3. Appendix A-3: Final System Acceptance Certificate

2.2. To the extent not inconsistent with this Agreement between the City and Contractor including this Scope of Services, the City's RFP 19-20-08 (including subsequent updates), Contractor's proposal response dated October 4, 2019 and Contractor's oral demonstration materials dated November 29, 2019 are hereby incorporated by reference herein, and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement.

3. PHASE OF IMPLEMENTATION

3.1. Contractor shall implement the System in accordance with the phasing plan set forth herein.

3.2. Contractor shall complete the implementation as currently scoped within three (3) months from the date of the execution of this Agreement, assuming all Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

technical prerequisites have been met, such as the upgrade of the core network from 1 G to 1 OG and assuming a typical hardware delivery lead-time of two to three weeks from the execution of this Agreement. Agreed upon changes in scope may impact the completion schedule.

3.3. The schedule of performance may, at the sole discretion of the City, be extended by written approval from the City.

4. PHASE 1 - PLANNING

4.1. Project Kick-off Meeting

4.1.1. Contractor shall conduct an on-site project kick-off meeting with the project team to:

4.1.1.1. Introduce project team members, including project roles and responsibilities.

4.1.1.2. Provide a high-level review of the System.

4.1.1.3. Deliver a preliminary Project Implementation Schedule in a critical path format so that the timelines and milestones can be clearly identified and measured. The City prefers that the schedule is presented utilizing a RACI matrix.

4.1.1.4. Define processes for tracking project status.

4.1.1.5. Define change control procedures.

4.1.1.6. Discuss and define the deliverable review and final system acceptance processes.

4.1.1.7. Determine the format and protocol for periodic, ongoing meetings, reports, and communications.

4.1.1.8. Review escalation management process, including lines of communication, reporting relationships, etc.

4.1.1.9. Identify high-risk or problem areas and discuss resolution process.

4.2. System Discovery and Investigation

4.2.1. Contractor shall conduct meetings as required to gather requirements and draft a Design Plan that shall:

4.2.1.1. Identify and provide resolution for all critical technical infrastructure.

Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

4.2.1.2. Update the risk register based on all new known risks from the discovery and investigation.

4.2.1.3. Identify all the required hardware/parts and notify the City if there are additional parts required that are not listed on Appendix A-1.

4.2.1.4. Identify any City responsibilities.

4.2.1.5. Finalize the Preliminary Project Schedule as shown on Appendix A-2.

4.3. Final Design Plan

4.3.1. Contractor shall submit the Final Design Plan to City for review and approval prior to starting installation services.

5. PHASE 2 - IMPLEMENTATION

5.1. General

5.1.1. During this phase, Contractor shall perform and lead all installation services for the System in accordance with the approved Design Plan.

Contractor shall assume that this solution is turnkey with the exception of the server creation and configuration by the City.

5.1.2. City will provide staff to accompany Contractor at both primary and secondary locations. In addition, City will provide a server and network administrator to assist Contractor during implementation.

5.1.3. City will be responsible for installing the appropriate Windows OS for Hyper-V and create server profiles and Hyper-V cluster.

5.1.4. City will upgrade the current core switch from 1 G copper to 1 OG by the time the Contractor implementation services start. Because this is a requirement that needs to be completed prior to Contactor starting work, the City will communicate the upgrade completion timeline to Contractor.

5.2. Implementation Services - Contractor responsibilities shall include but not limited to:

5.2.1. Hardware Installation

5.2.1.1. Install the Synergy chassis in the specified rack location.

5.2.1.2. Install all power and network cables.

Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

5.2.1.3. Make all required connections from the Synergy chassis to the FC fabric switch and ensure the correct connections from the FC fabric switch are made to the existing 3PAR SAN.

5.2.2. Firmware I Management Software Installation

5.2.2.1. Ensure that the newest stable version of the Synergy chassis firmware is installed.

5.2.2.2. Install and setup the Synergy management software including all software dependencies, licenses and configurations. City will provide any internal information as needed to complete installation.

5.2.2.3. Verify Synergy chassis connectivity to 3PAR SAN.

6. PHASE 3 - VERIFICATION TESTING

6.1. Contractor shall prepare a test plan to verify the functional performance of the System.

6.2. Contractor and City shall jointly verify the system in accordance with the test plan to validate the System. City will provide a staff member who has login rights to accompany Contractor at both locations.

6.3. Contractor shall provide guidance to the City during the completion of the test plan to ensure that it is done in accordance with documentation and training provided by Contractor.

6.4. Following testing, City and Contractor shall prepare a punch list of items required to properly complete configuration and implementation of the System.

6.5. Punch list items shall be completed by the respective party according to a mutually agreed upon schedule.

6.6. Following completion of all punch list items, the City will perform its user acceptance tests (UAT) for a period of three (3) weeks. During the UAT, Contractor shall be available for support with a four (4) business hours response time Monday - Friday from 8 a.m. to 5 p.m. Pacific Standard Time,

7. PHASE 4-KNOWLEDGE TRANSFER, TRAINING, AND DOCUMENTATION

7.1. Knowledge Transfer
7 .1.1. During system implementation, Contractor shall transfer knowledge to City to allow staff to carry out their day-to-day activities in operating and maintaining the System. Contractor shall be available to answer any questions related to the System.

Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

7 .2. Training
7 .2.1. Contractor shall provide at least sixteen (16) hours of training to City.

The training shall cover the following topics:
7 .2.1.1. Administrative functions and features
7 .2.1.2. Configuration and management

7.2.1.3. Monitoring and alerts
7 .2.1.4. Backup and restore, disaster recovery
7 .2.1.5. System best practices for maintenance
7 .3. Documentation
7 .3.1. Contractor shall provide documentation of the System such that the City will be able to fully support the System in the future. Contractor shall provide industry standard documents such as user manuals, installation manuals, product information sheets, and user guides.
7 .3.2. Contractor shall provide City with the final project documentation. 7 .3.3. Contractor shall provide City copies of the HPE license and support agreements as applicable.

8. FINAL SYSTEM ACCEPTANCE

8.1. The parties will execute a Final System Acceptance Certificate as shown on Appendix A-3 to memorialize system acceptance upon completion of Phases 1-4 above.

9. WARRANTY

9.1. For a period of one year following Final System Acceptance ("Warranty Period"), Contractor shall warrant that the System will perform and operate in accordance with the functional requirements and specifications set forth herein and in Contractor's proposal. All-inclusive costs (parts, labor, repairs, Contractor travel time, Contractor expenses, etc.) covered by the warranty and incurred during the Warranty Period shall be provided without additional cost to the City.

9.2. Contractor shall pass through to City any manufacturers' warranties which Contractor receives on the System and, at City's request, Contractor shall enforce such warranties on City's behalf.

Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

10.HPE SUPPORT AND MAINTENANCE

10.1. As an HPE Authorized Service Partner, Contractor shall purchase on behalf of the City the HPE 5-Year Proactive Care 6-Hour Call-Repair Service. City shall prepay the amount as set forth in Exhibit B. Upon payment, Contractor shall provide City with a certificate of the service contract. The effective date of the service contract will be from the date of shipment of the HPE hardware/equipment.

10.2. In the event that HPE is unable to respond to a service request within the required response time, Contractor shall be available Monday through Friday during standard business hours (8:00 a.m. to 5:00 p.m.) to escalate service requests to HPE, made by the City for support at no additional cost.

11. COMPENSATION

11.1. Contractor shall provide all hardware, software, materials, labor, and support as specified herein on a firm fixed cost basis as set forth in Appendix A-1.

12.ADDITIONAL PRODUCTS AND SERVICES

12.1. Unless otherwise included in Appendix A-1, any additional products and services required to fully implement, maintain and support the System shall be at additional cost.

12.2. Upon the request of the City, Contractor shall provide additional products and services throughout the duration of this Agreement in order for the City to effectively operate and maintain the System.

Agreement with Dasher Technologies, lnc./Exhibit A-Scope of Services Rev. 07-01-18

APPENDIX A-1

PROJECT COST BREAKDOWN
- -
Line QTY Product Description _ Unit Sell_ Ext Sell
100 1 881 Martin Ave - HPE Synergy 12000 CTO Frame $315,801.61 $,315801.61 HPE 42U 600mmx1200mm G2 Kitted Advanced Shock Rack and APC 110 1 PDU's $2,437.93 $2,437.93
HPE 42U 600mmx1200mm G2 Kitted Advanced
120 1 P9K10A Shock Rack $1,173.61 $1,173.61
APC RACK PDU 2G, METERED, ZEROU, 30A,
130 2 AP8841 200/208V, (36) C13 & (6) C19 $632 .16 $1,264 .32 HPE Synergy 12000 - lx Frame Link Module, l0x Fans, 6x 2650W PSUs, 140 2 4x Lift Handles $7,849.97 $15,699.94
HPE Synergy 12000 Configure-to -order Frame
150 2 797740-B21 with lx Frame Link Module lOx Fans $3,763.89 $7,527.78 HPE 6x 2650W Performance Hot Plug Titanium
160 2 798096-B21 Plus FIO Power Supply Kit $1,852 .70 $3,705.40 170 2 804938 -B21 HPE Synergy Frame Rack Rail Kit $86.29 $172.58 180 2 804353-B21 HPE Synergy Composer $1,447.29 $2,894.58 190 2 804942-B21 HPE Synergy Frame Link Module $628.38 $1,256 .76 200 2 804943-B21 HPE Synergy Frame 4x Lift Handles $63.13 $126.26 HPE Synergy Frame Link Module CAT6A 1.2m
210 2 861412 -B21 Cable $8.29 $16.58
HPE Synergy 480 GenlO CTO Compute Module - 2x Intel Xeon-G 5218 (2.3GHz/16-core), 384GB RAM (12x32GB), 2x 480GB SATA SSDs, 220 24 10/20/25Gb Con Network Adapter $6,978.14 $167,475.36 HPE Synergy 480 Genl0 Configure -to-order
230 24 871940-B21 Compute Module $1,462.36 $35,096.64
HPE Synergy 480/660 Genl0 Intel Xeon-Gold
240 24 P07342-L21 5218 (2.3GHz/16-core/125W) FIO Processor Kit $1,169 .30 $28,063 .20 HPE Synergy 480/660 Genl0 Intel Xeon-Gold
250 24 P07342-B21 5218 (2.3GHz/16 -core/125W) Processor Kit $1,169.30 $28,063.20 HPE 32GB (lx32GB) Dual Rank x4 DDR4-2933
260 288 P00924-B21 CAS-21-21-21 Registered Smart Memory Kit $208.83 $60,143.04 HPE 480GB SATA 6G Read Intensive SFF (2.Sin)
270 48 P18422-B21 SC 3yr Wty Multi Vendor SSD $84.82 $4,071.36 HPE Smart Array E208i-c SR Genl0 (8 Internal
280 24 823852 -B21 Lanes/No Cache) 12G SAS Modular Controller $62.01 $1,488.24 HPE Synergy 4820C 10/20/25Gb Converged
290 24 876449-B21 Network Adapter $439.57 $10,549.68
300 2 HPE Virtual Connect SE 100Gb F32 Module $21,269.67 $42,539.34 HPE Virtual Connect SE 100Gb F32 Module for
310 2 867796 -B21 Synergy $11,638 .08 $23,276.16
320 4 882251-B21 HPE SY 100GE/4x25GE/4x32GFC QSFP28 XCVR $2,504.77 $10,019.08 330 2 R3P67AAE HPE Synergy 32Gb Fibre Channel Upgrade E-LTU $1,837.08 $3,674.16 HPE Multi Fiber Push On to 4 x Lucent
340 2 K2Q46A Connector Sm Cable $477.91 $955.82
HPE Multi Fiber Push On to 4 x Lucent
350 2 K2Q47A Connector 15m Cable $1,247 .68 $2,495.36
Agreement with Dasher Technologies, Inc.I Appendix A-Project Cost Breakdown Page 15 of 25 Rev. 07-01-18
Line QTY Product Description Unit Sell Ext Sell
HPE 100Gb QSFP28 to QSFP28 3m Direct Attach
360 2 845406-821 Copper Cable $570 .56 $1,141.12
370 4 876680 -B21 HPE SY 300Gb Interconnect Link 2.lm DAC $244.41 $977 .64 380 2 HPE Synergy 50Gb Interconnect Link Module $6,063.76 $12,127.52 390 2 867793-821 HPE Synergy 50Gb Interconnect Link Module $6,063.76 $12,127 .52 881 Martin - Support - HPE SY Proactive Care Call-to-Repair 6 Hour 400 2 Service $37,760.76 $75,521.52
HPE SY Proactive Care Call-to-Repair 6 Hour
410 2 H1K94A5 Service $0.00 $0.00
420 2 H1K94AS#WJP HPE Synergy Composer Supp $311.40 $622.80 430 24 H1K94A5#W4A HPE SY480 GenlO Support $2,719.80 $65,275.20 440 2 H1K94A5#WJN HPE Synergy 1200 Frame Supp $1,842.12 $3,684.24 450 2 HlK94A5#ZlR HPE Synergy VC SE 100Gb F32 Module Supp $1,996 .20 $3,992.40 460 2 H1K94A5#Z1S HPE Synergy 50Gb IC Link Module Support $973.44 $1,946 .88 470 1 1705 Martin Ave - HPE Synergy 12000 CTO Frame $318,454.77 $318,454.77 HPE 42U 600mmx1200mm G2 Kitted Advanced Shock Rack and APC 480 1 PDU's $5,091.09 $5,091.09
HPE 42U 600mmx1200mm G2 Kitted Advanced
490 1 P9K10A Shock Rack $1,173 .61 $1,173.61
APC by Schneider Electric Switched Rack
AP8959NA3 24-0utlets POU - Switched - 3 x IEC
60320 C19, 21 x IEC 60320 C13 - 230 V AC - Rack
500 4 AP8959NA3 Mount L6-20P OU 21XC13 3XC19 9.84FT CORD $979 .37 $3,917.48 HPE Synergy 12000 - lx Frame Link Module, lOx Fans, 6x 2650W PSUs, 510 2 4x Lift Handles $7,849.97 $15,699.94
HPE Synergy 12000 Configure -to-order Frame
520 2 797740-B21 with lx Frame Link Module lOx Fans $3,763.89 $7,527.78 HPE 6x 2650W Performance Hot Plug Titanium
530 2 798096-B21 Plus FIO Power Supply Kit $1,852.70 $3,705.40 540 2 804938-821 HPE Synergy Frame Rack Rail Kit $86.29 $172.58 550 2 804353 -B21 HPE Synergy Composer $1,447.29 $2,894 .58 560 2 804942-B21 HPE Synergy Frame Link Module $628.38 $1,256.76 570 2 804943-821 HPE Synergy Frame 4x Lift Handles $63.13 $126.26 HPE Synergy Frame Link Module CAT6A 1.2m
580 2 861412-B21 Cable $8.29 $16.58
HPE Synergy 480 GenlO CTO Compute Module - 2x Intel Xeon-G 5218 (2.3GHz/16-core), 384G8 RAM (12x32G8}, 2x 480GB SATA SSDs, 590 24 10/20/25Gb Con Network Adapter $6,978.14 $167,475.36 HPE Synergy 480 GenlO Configure -to-order
600 24 871940-B21 Compute Module $1,462.36 $35,096.64
HPE Synergy 480/660 GenlO Intel Xeon-Gold
610 24 P07342-L21 5218 (2.3GHz/16-core/125W) FIO Processor Kit $1,169.30 $28,063.20 HPE Synergy 480/660 GenlO Intel Xeon-Gold
620 24 P07342-821 5218 (2.3GHz/16-core/125W) Processor Kit $1,169 .30 $28,063 .20 HPE 32G8 (lx32GB) Dual Rank x4 DDR4-2933
630 288 P00924-B21 CAS-21-21-21 Registered Smart Memory Kit $208.83 $60,143.04 Agreement with Dasher Technologies, Inc.I Appendix A-Project Cost Breakdown Page 16 of 25 Rev. 07-01-18
Lil'l_~ QTY Product Description _ Unit Sell Ext Sell
HPE 480GB SATA 6G Read Intensive SFF {2.Sin) SC
640 48 P18422-B21 3yr Wty Multi Vendor SSD $84.82 $4,071.36 HPE Smart Array E208i-c SR Gen10 (8 Internal
650 24 823852 -B21 Lanes/No Cache) 12G SAS Modular Controller $62.01 $1,488.24 HPE Synergy 4820C 10/20/25Gb Converged
660 24 876449-B21 Network Adapter $439.57 $10,549.68
670 2 HPE Virtual Connect SE 100Gb F32 Module $21,269.67 $42,539 .34 HPE Virtual Connect SE 100Gb F32 Module for
680 2 867796-B21 Synergy $11,638.08 $23,276.16
690 4 882251 -B21 HPE SY 100GE/4x25GE/4x32GFC QSFP28 XCVR $2,504.77 $10,019.08 700 2 R3P67AAE HPE Synergy 32Gb Fibre Channel Upgrade E-LTU $1,837.08 $3,674.16 HPE Multi Fiber Push On to 4 x Lucent Connector
710 2 K2Q46A Sm Cable $477.91 $955.82
HPE Multi Fiber Push On to 4 x Lucent Connector
720 2 K2Q47A 15m Cable $1,247.68 $2,495.36
HPE 100Gb QSFP28 to QSFP28 3m Direct Attach
730 2 845406-B21 Copper Cable $570 .56 $1,141.12
740 4 876680 -B21 HPE SY 300Gb Interconnect Link 2.lm DAC $244.41 $977.64 750 2 HPE Synergy 50Gb Interconnect Link Module $6,063.76 $12,127 .52 760 2 867793 -B21 HPE Synergy 50Gb Interconnect Link Module $6,063.76 $12,127.52 770 2 1705 Martin - Support - HPE SY Proactive Care Call-to-Repair 6 Hour $37,760.76 $75,521.52 Service
780 2 H1K94A5 HPE SY Proactive Care Call-to-Repair 6 Hour $0.00 $0.00 Service
790 2 H1K94A5#WJP HPE Synergy Composer Supp $311.40 $622.80 800 24 H1K94A5#W4A HPE SY480 Gen10 Support $2,719.80 $65,275 .20 810 2 H1K94A5#WJN HPE Synergy 1200 Frame Supp $1,842.12 $3,684.24 820 2 H1K94A5#Z1R HPE Synergy VC SE 100Gb F32 Module Supp $1,996.20 $3,992.40 830 2 H1K94A5#Z1S HPE Synergy 50Gb IC Link Module Support $973.44 $1,946.88 840 1 Combined Locations - Professional Services $17,000.00 $17,000.00 850 1 DT-SOW-PROSERV Fixed Priced Professional Services $13,080.00 $13,080.00 860 1 DT-SOW-DOC Statement of Work document $0.00 $0.00 870 16 OT-TRAINING Training and Knowledge Transfer $245 .00 $3,920 .00 Hardware Total $483,213.34
5-Year Support $151,043.04
Professional Services $17,000.00
Freight (FOB Destination) $2,931.52
Total (before taxes) $654,187.90
Estimated Taxes (9%) $43,489.20
Project Total $697,677.10
Agreement with Dasher Technologies, Inc.I Appendix A-Project Cost Breakdown Rev. 07-01-18

APPENDIX A-2

PRELIMINARY PROJECT SCHEDULE
The project schedule will proceed in accordance with this Preliminary Project Schedule set forth on the following page, except as may be modified into a Final Project Schedule that is approved by the City. The Final Project Schedule, as mutually agreed upon, will become the governing project schedule incorporated into the Agreement.

Task Name Start
Project Kick-off Meeting/ Final Design 3/1/20 Plan
Implementation 4/1/20
Verification Testing 4/8/20
Training and Documentation 5/1/20
Final System Acceptance 5/8/20
Agreement with Dasher Technologies, Inc.I Appendix A-2 Preliminary Project Schedule Rev. 07-01-18
Finish
3/3/20
4/8/20
4/30/20
5/8/20

APPENDIX A-3

FINAL SYSTEM ACCEPTANCE CERTIFICATE
After the City is satisfied with all test results and resolutions, as specified herein, the City will initiate execution of the Final System Acceptance Certificate.

Customer Name: City of Santa Clara ("City")
Project Name: Blade Center Replacement Project
This Final System Acceptance Certificate memorializes the occurrence of System Acceptance.

Contractor and the City acknowledge that:

1. Contractor has completed all Deliverables promised under this Agreement.

2. The System is accepted, and all punch list items generated during testing have been completed.

3. By acknowledging the Final Acceptance of the System, the City agrees to pay any remaining and approved outstanding invoices to Contractor, including previously withheld retainage.

City of Santa
("City")
By: ____________ _
Name: --------------
Title: ---------------
Dasher Technologies, Inc.
("Contractor")
By: ~ 9 0&~
Name: Michael J. Cook
Title: CFO
Date: _____________ Date: 01/29/2020
Agreement with Dasher Technologies, Inc.I Appendix A-3 Final System Acceptance Cert Page 19 of 25 Rev. 07-01-18

1. MAXIMUM COMPENSATION

EXHIBIT B

COMPENSATION
The maximum amount payable for all materials and services provided under this Agreement shall not exceed Seven Hundred Ninety-Seven Thousand Six Hundred Seventy-Seven Dollars and Ten Cents ($797,677.10) during the term of the Agreement as summarized in Table B-1 below. Any additional services or materials requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement. No additional services will be performed unless both Parties execute an Amendment outlining the services requested and the compensation agreed for such services.
a e - . axImum ompensa I0n T bl B 1 M C f
Description Total
System Implementation and 5-Year HPE Support (see $697,677.10 Appendix A-1) Additional Products and Services $100,000.00
Maximum Compensation $797,677.10

2. PAYMENT SCHEDULE FOR SYSTEM IMPLEMENTATION AND HPE SUPPORT

2.1. Progress payments shall be made to Contractor by City following acceptance of designated milestones as shown in Table B-2.
a e -T bl B 2 P aymen t S h d c e u e
Milestone Estimated Completion Date Payment
Completion of Phase 1 3/3/20 $220,280.09
Completion of Phase 2 4/6/20 $220,280.09
Completion of Phase 3 4/30/20 $75,521.52
Completion of Phase 4 5/8/20 $75,521.52
Final System Acceptance* 5/8/20 $106,073.88
TOTAL PAYMENTS $697,677.10
*The signed Final Acceptance Certificate (Appendix A-3) triggers final payment and start of warranty period.

2.2. All payments are based upon City's acceptance of Contractor's performance as evidenced by successful completion of all of the deliverables as set forth for each milestone. City shall have no obligation to pay unless Contractor has successfully completed and City has approved the milestone for which payment is due.

2.3. Payment for any part or parts of the System provided hereunder, or inspection or testing thereof by City, shall not constitute acceptance or relieve Contractor of its obligations under this Agreement. City may inspect the components of Agreement with Dasher Technologies, Inc.I Appendix A-3 Final System Acceptance Cert Page 20 of 25 Rev. 07-01-18
the System when delivered and reject upon notification to Contractor any and all the System, which does not conform to the specifications or other requirements of this Agreement. Components of the System, which are rejected shall be promptly corrected, repaired, or replaced by Contractor. If City receives components of the System with defects or nonconformities not reasonably apparent on inspection, then City reserves the right to require prompt correction, repair, or replacement by Contractor in accordance with Contractor's warranty obligations.

3. ADDITIONAL PRODUCTS AND SERVICES

3.1. The City has set aside the maximum amount of One Hundred Thousand Dollars ($100,000) for the payment of additional products and services as may be required and approved by the City.

3.2. Additional products and services shall be separately negotiated to be paid on a lump sum or time and material basis in accordance with the rates set forth in Table 8-3 below.

Table 8-3: Additional Products and Services
Description Price
Standard Business Hour Engineer $255 per hour
Non-Business Hour Engineer $375 per hour
Project Manager $180 per hour
HPE Products 25% minimum discount off of list price

3.3. In the event the approved product line/model is no longer available, the next generation model from the same manufacturer, meeting or exceeding all technical specifications shall be provided at the same discount rate off list price.

4. INVOICING

4.1. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.

Agreement with Dasher Technologies, Inc.I Appendix A-3 Final System Acceptance Cert Page 21 of 25 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with Dasher Technologies, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

Agreement with Dasher Technologies, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

3. 4.

General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL).

Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non­ renewal.

5. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Agreement with Dasher Technologies, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be provided by e-mail to: [email protected].

Or by mail to:

EBIX Inc.

City of Santa Clara - Silicon Valley Power
P .0. Box 100085 - S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with Dasher Technologies, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-141 Agenda Date: 3/11/2025

REPORT TO CITY COUNCIL

SUBJECT
Action on an Amendment to an Agreement with LPA, Inc. for Engineering, Design and Construction Support Services for the International Swim Center

COUNCIL PILLAR
Enhance Community Sports, Recreational, and Arts Assets

BACKGROUND
The George F. Haines International Swim Center (ISC) was designed in 1965, constructed in 1966, and opened to the general public on July 1, 1967, at a cost of $725,000. The ISC is located at 2625 Patricia Drive within Central Park and features three pools (a 50-meter x 25-yard racing pool, a deep diving well, and a training pool), decks, mechanical circulation, filtration and heating systems, 3,000- seat viewing stands, roof, diving tower, changing/shower facilities, staff offices, training rooms and several support spaces. Since the last major renovation in 1999, the facility and its infrastructure have aged, prompting various projects proposed to study, improve, enlarge, or replace the ISC (Attachment 1).

On December 6, 2022, the City issued a solicitation seeking qualified engineering firms to evaluate ISC’s structure and operating components. The selected firm would also provide engineering design and construction support services should the City decide to proceed with improvements.

On August 10, the City entered into an agreement with LPA, Inc. (Attachment 2) to conduct an initial assessment of the facility. LPA was tasked with identifying systemic deficiencies, determining remaining operational life, assessing risks and compliance with building codes, providing an itemized cost estimate for rehabilitating the facility at its current location versus relocating it within Central Park or another location elsewhere in the City. This evaluation included architectural, structural, mechanical, Building Code, Americans with Disabilities Act (ADA) compliance, forensic engineering and investigative expertise.

On January 11, 2024, staff met with LPA to review preliminary findings. Based on their assessment, LPA recommended that the ISC not be used until necessary repairs or replacements were made to address safety and structural concerns noted. Out of an abundance of caution, the City Manager directed staff to close the facility immediately, pending the completion and presentation of LPA’s final report.

The agreement with LPA has a three-year term through June 30, 2026, with a maximum compensation of $238,920. On April 22, 2024, the City executed Amendment No.1 to increase the total not-to-exceed amount by $10,000, bringing the total to $248,920 (Attachment 3).

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25-141 Agenda Date: 3/11/2025

DISCUSSION
On October 22, 2024, the City Council approved a project for Adams Pool Solutions to replaster the pool at ISC. During the course of this work, additional structural and mechanical issues were discovered, prompting the need for LPA’s engineering design and construction support services. City Council will receive a staff recommendation in April 2025 on whether to rehabilitate the existing facility or pursue a replacement facility at a different site.

To advance this work, staff requests City Council authorization to amend the agreement (Amendment No. 2) with LPA to increase the maximum compensation by $400,000 for a revised not-to-exceed amount of $648,920 and to extend the contract term end date from June 30, 2026, to December 31, 2027. Amendment No. 2 will allow staff to begin working with LPA on schematic design services including construction cost estimating, topographic surveying, and architectural color site renderings.

At the conclusion of this phase (Phase 1), LPA will deliver a schematic design package and cost estimate.

If the City moves forward with rehabilitation, LPA will provide a subsequent scope and fee for the production of construction documents, bidding assistance, and construction administration services for the approved scope of the project.

At a later date, staff will return to City Council to address Phase 2, which will focus on the viewing stands canopy, staff offices, changing/shower facilities, training rooms and support spaces.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The proposed Amendment No. 2 to the LPA agreement increases the maximum compensation by $400,000, from $248,920 to $648,920, and includes $340,000 for the base scope of services and $60,000 in contingency funds for supplemental services. The Agreement with LPA will be funded by the Planning and Construction of Temporary and/or Permanent ISC Replacement Facility project in the Parks and Recreation Capital Fund. Depending on timing of the expenditures and issuance of bond dollars, these costs may be reimbursed by the Measure I Bond at a later date.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and City Manager’s Office.

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

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25-141 Agenda Date: 3/11/2025

RECOMMENDATION

1. Authorize the City Manager or designee to negotiate and execute an amendment(s) to the agreement with LPA, Inc. (Agreement) to provide engineering services for the International Swim Center and increase the maximum compensation by $400,000 for a revised not-to-exceed maximum compensation of $648,920, and extend the term from June 30, 2026, to December 31, 2027, subject to the review and approval as to form by the City Attorney; and

2. Authorize the City Manager, or his designee, take any actions as necessary to administer the Agreement and execute future amendments to: (1) add or delete services, (2) extend the term as required to complete the project, and (3) make other modifications, provided that the not-to- exceed maximum compensation is not exceeded, subject to the review and approval as to form by the City Attorney.

Written by: Carolyn McDowell, Senior Management Analyst Reviewed by: Damon Sparacino, Park and Recreation Department Director Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. International Swim Center - Timeline

2. Agreement with LPA, Inc.

3. Amendment to Agreement with LPA, Inc
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Attachment 1

George F. Haines International Swim Center (ISC) – Timeline

1965
 ISC architectural designed by L.F. Richards, landscape by Royston, Hanamoto, Mayes & Beck.
1966
 ISC constructed by general contractors R. L. Carroll (building) and Max D.

Schenk (pools & site work) at a cost of $725,000.
1967
 July 1, 1967, ISC opened; July 2-7, 1967, first international trials competition.  September 10, 1967, ISC official dedication held.

1999
 FY1999/2000, Council appropriation of Capital Improvement Program (CIP) funds in the amount of $100,000 for the Master Plan for International Swim Center Expansion Project to construct one additional 50-meter competitive swimming pool to accommodate additional community swimming, synchronized swimming, diving practice and competition.
 FY 2000/2001, Council appropriation of additional CIP funds in the amount of $1,700,000 to complete Swim Center Master Plan and develop construction drawings.
 July 1, 1999 to January 15, 2002, Cannon Design (architects) completed Master Plan for ISC Expansion Project.

2001-2002
 FY2001/2002, Council appropriation of $5,500,000 to complete construction, raising total project funding to $7,300,000. Design included using a portion of Fatjo Field to the north of the existing ISC.
 January 15, 2002, Parks & Recreation Commission (PRC) recommends limit of expansion to the existing ISC acreage.

2002-2005
 FY2002/2003, Council suspended ISC Expansion Project due to economic downturn and shortage of Capital Project Reserve (CPR) funds.  FY2004/2005, ISC Expansion Project funding reduced by $4,635,000 and funds returned to CPR for other CIP projects.
 February 22, 2005, Council directed CM to transfer remaining funds to the Senior Center Expansion Project.

2007
 June 5, 2007, Council approved FY2007/2008 Annual Budget including allocation of $450,000 for Plans and Design guidelines for International Swim Center Expansion Project.

Attachment 1
 December 7, 2007, Council approved recommendation from the Parks & Recreation Commission to approve the proposed ISC Master Plan, proceed with detailed Cost estimate for ISC Pools Replacement Project.

2008
 May 13, 2008, Council reviewed cost estimate: New Pools $33.5M, Swim Building $18.5M, Combined Pools & Building $49.7M, Training Center Building $6.2M (Total: $55.9M).
 June 10, 2008, Council adopted FY2008/09 CIP including additional funding of $950,000 for ISC Pool Replacement Project which included two 50-meter lap pools, diving well with platforms, recreational pool, mechanical & restroom facilities, and remodel of existing building and grandstands.  August 19, 2008, Parks & Recreation Commission reviewed proposal by International Swim Hall of Fame (ISHOF) Executive Director to bring ISHOF to Santa Clara.
 September 16, 2008, Parks & Recreation Commission recommended Council suspend approved ISC Pool Replacement Project in favor of a clean slate vision of a world class facility inclusive of ISHOF.
 September 30, 2008, Council referred the PRC recommendation to the City Manager.

2009-2012
 Referral placed on “hold” due to fiscal constraints of Great Recession, with no further funds allocated or actions taken.

2013
 January 2013, Parks & Recreation Commission reviewed schematic design by ELS Architecture and Urban Design and an advocacy group Silicon Valley Aquatics Initiative (SVAI) proposing 100% private funded design and construction.
 February 2013, Parks & Recreation Commission recommended that Council refer the idea to Council Goal Setting Process in March 2013.  February 26, 2013, (Item 7.A.) Council
 September 2013, Council adopted a two-year goal to "Enhance Community Sports and Recreational Assets" including a specific objective to complete a feasibility study of the ISC.

2014
 July 3, 2014, Aquatic Program & Financial Feasibility Analysis prepared by The Sports Management Group (TSMG) feasibility study, public opinion research and conceptual design.
 June 2014. Council set an objective to develop the schematic design, gather community input and complete engineering documents, as well as include the International Swimming Hall of Fame (ISHOF) and the Community Recreation Center (CRC) into a new proposed facility.

Attachment 1
 November 2014. ELS Architecture & Urban Design (ELS) was awarded a contract for architectural design, engineering, community outreach, and facility program planning and operational financial analysis.
 December 2014, David J. Powers & Associates, Inc. was selected to work with ELS to prepare the environmental Initial Study, and in July 2015 additional environmental work, including Phase I Environmental Site Assessment, traffic and parking studies.

2015
 Spring 2015, community workshops were hosted at the Community Recreation Center. Sandis, Inc. completed site survey work, Murray Engineering, Inc. completed geotechnical work.
 August 2015, based on additional information and input, ELS was tasked with adjustments to improve the schematic design and its placement in the Central Park.

2016
 February 23, 2016, (HIST-50498) Council Review of the Proposed Final Schematic Design of the International Swim Center, Community Recreation Center, and International Swimming Hall of Fame Project.  September 20, 2016, (HIST-53942) Council Adoption of a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring or Reporting Program (MMRP); approving the filing of a Notice of Determination; approving architectural design with conditions allowing development of a new International Swim Center & Community Recreation Center inclusive of the International Swimming Hall of Fame and associated parking in Central Park at 909 Kiely Boulevard; and provide the City Manager with additional direction on parking and project phasing as needed (CEQ2015-01189 (IS/MND)/PLN2015- 10939 (Architectural Review).
 October 25, 2016, (HIST-55338) Council presentation by the Plenary Group regarding Public Private Partnership (P3) approach for financing the International Swim Center and Community Recreation Center Project.

2017
 April 4, 2017, (HIST-58831) Council approved an agreement with Project Finance Advisory, Limited (PFAL) in an amount not-to-exceed $649,735 to provide financial advisory, capital campaign, public opinion research, and project management services for Capital Improvement Project 3172 International Swim Center, Community Recreation Center, International Swimming Hall of Fame, and Parking, and approved an appropriation of $500,000 for the Project.  April 4, 2017, (HIST-58836) Council approved agreement with Kitchell/CEM to provide Facility Condition Assessment and Capital Planning Services for Parks & Recreation Department facilities.
 July 18, 2017, (HIST-60356) Council Study Session with PFAL regarding the International Swim Center, Community Recreation Center and ISHOF Project.

Case Studies of Comparable Facilities.

Attachment 1
 October 2017, Gates & Associates contracted to complete a Central Park Master Plan to create a coherent vision of future Central Park improvements, provide a set of guiding principles, community supported priorities, and design criteria.

2018
 February 20, 2018, (HIST-64059) Council Study Session with PFAL regarding Central Park Community Recreation and Aquatic Center regarding project affordability issues and public opinion research findings and direction on a right “sized project.”
 April 24, 2018. Council Study Session. Infrastructure needs for the City (excluding SVP); (18-091) Council notes and files the Parks and Recreation Facilities Condition Assessment.
o The Parks & Recreation Facility Condition Assessment (FCA) report (Kitchell, 2018) identified parks and recreation assets that are in need of replacement and/or renewal to meet current building and accessibility codes and the U.S. Consumer Product Safety Commission guidelines as well as address failing infrastructure.
 May 29, 2018, (18-287) Item 3.D. Review of Infrastructure Improvement Needs and Funding Levels for Potential November 2018 Ballot Measure  August 28, 2018, (18-033) Council Study Session reviewed Central Park Mater Plan Guiding Principles; and, (18-1184) Item 2.N. Council approved Central Park Guiding Principles.
 August 28, 2018, (18-1184) Council approved Central Park Master Plan Guiding Principles (Gates & Associates)
2019
 October 15, 2019, (19-1202) Parks & Recreation Commission initiates review and public comment period on the Central Park Master Plan Administrative Draft. On-line survey 1 had over 600 participants and final survey posted on “Open City Hall” from October 24, 2019, through November 12, 2019 which had 394 visitors (240 responses) with 12.0 hours of public comment.  November 19, 2019 (19-1353) Parks & Recreation Commission recommended Council approval of the Central Park Master Plan and Draft Ordinance in accordance with City Charter 714.1. The Plan identifies 14 projects to be completed over a 20-year period in three phases. The Projects in years 1-5 include Arbor Center Area, Park Entry at Kiely/Kaiser, and Aquatic Center Master Plan & Design, followed in years 6-10 with Aquatic Center Master Plan (Phase 1) 50-Meter Multi-Use Pool Construction.

2020-2022
 COVID 19 Pandemic and health emergency response.
 Various ISC closures due to failing infrastructure and repairs.

2023
 RTC 23-577 Action on Agreement with LPA, Inc. for Forensic Engineering Analysis for the ISC.
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DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D EBIX Insurance No. S200003297

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
LPA, INC.

FOR THE INTERNATIONAL SWIM CENTER FACILITY ASSESSMENT

PREAMBLE
This Agreement is entered into as of the City's execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and LPA, Inc., a California corporation (Contractor or Consultant). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A- Scope of Services
Exhibit B - Schedule of Fees
Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on June 30, 2026.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

4. WARRANTY
Contractor expressly warrants that Services covered by this Agreement shall be performed in accordance with the Standard of Care set out in Section 6 covered by this Agreement shall be fit for the purpose intended, and shall conform to the specifications, requirements, and instructions which this Agreement is based.

Contractor agrees to promptly correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If following reasonable notice and opportunity to cure, Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A.

B.

C.

Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-MCB-1 DA7DD9E0D2D Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, including California Civil Code Section 2782.8, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement. For claims based upon Contractor's professional errors or omissions, Contractor's indemnification including the duty to defend consists of reimbursement of damages and defense costs incurred by the Indemnified Parties in direct proportion to the Contractor's proportionate percentage of fault which will be determined, as applicable, by a court of law, jury or arbitrator.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed 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.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

OocuSign Envelop e ID: 1 F3O0202-9008-46E8-AACB-1 DA7OD9E0D 2O

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing , be sent to City addressed as follows:

City of Santa Clara
Attention: Parks and Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:

LPA, Inc.

Attention: Arash lzadi
60 South Market Street, Suite 1250
San Jose, California 95113
and by e-mail at Aizadi@LPADesignStudios .com
The workday the e-mail was sent shall control the date notice was deemed given .

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to 'The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worl<er Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca .gov/home/showdocument?id=58299 ).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge , no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

22. GOVERNING LAW 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.

23. 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.

24. CHANGE PROCEDURES AND AUTHORIZATION
A. Change Orders. Any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written change order authorized by the Director of Parks & Recreation.

B. Amendments. Any changes to this Agreement that relate to (i) an increase in the maximum compensation of this Agreement, or (ii) the term of this Agreement, or (iii) any other terms or conditions of the Agreement not covered by the Change Order provisions set forth above, may only be made by a written amendment duly authorized and executed by the Parties to this Agreement.

Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

OocuSign Envelope ID: 1F3O0202-9008-46E8-AACB-1DA7OO9E0D20

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
/) _ V. lb
Dated: ___ <z;_~j 1_0_,__,{?~;, ____ _
/PY GLEN R. GOGGINS
City Attorney ~p
City of Santa Clara
"CITY"
LPA, INC.
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
a California corporation
July 29, 2023
By (Sign~t:t~ ....... :u'-----"s(\ti=an• ..... ~,.._b;· _________ ____ _ Na~oo~~~
Title: Chief Operating Officer
Principal Place of 60 South Market Street, Suite 1250
Business Address: San Jose, California 95113
Email Address: [email protected]
Telephone: (408) 780-7203
Fax: ( ) (949) 260-1190
"CONTRACTOR"
Design Professional Agreement with LPA, Inc.

Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

1. INTRODUCTION

EXHIBIT A

SCOPE OF SERVICES

1.1. This Scope of Services specifically addresses services to be provided by Contractor related to performing an initial review of the structure and operating components of the George F. Haines International Swim Center ("Phase 1 Services"). The structure and operating components include the diving pool and pool tower, racing pool, training pool, mechanical room and pools' systems, shower/restroom/office building, pool deck and viewing stands, and support building.

1.2. The primary purpose of Phase 1 Services is for Consultant to report on the facility's current condition, identify systemic deficiencies, determine remaining operating life, and compliance with building codes as defined in this Scope of Services. If the City chooses, it may engage Consultant to provide detailed program and conceptual design including community outreach services ("Phase 2 Services") and provide all services necessary to prepare schematic designs, design development and construction documents, and provide engineering support services during bid and award, construction, and post­ construction phases of the project ("Phase 3 Services").

1.3. The City reserves the right to add, delete, or change the order of the tasks based on information received from Consultant during the course of the Project. Any changes to the scope will be approved through the change order process described in Section 24 of the main body of this Agreement.

2. PROJECT SCHEDULE

2.1. Attached as Appendix A 1 is the Draft Project Schedule. The Parties shall agree on the Approved Project Schedule as set forth in Section 4.3.

2.2. Consultant shall monitor and update the Approved Project Schedule throughout the course of the Project. The Approved Project Schedule shall show significant milestones for the Project. Consultant shall notify City if there are delays or potential delays in any phase of the Project. In such event, Consultant shall make up the schedule in subsequent phases of the Project or provide information to City substantiating a request for time extension (which may not be approved by the City). The Approved Project Schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.

2.3. Changes to the Approved Project Schedule shall be at no additional cost, unless there are changes or additions to this Scope of Services. Any changes Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D to the Approved Project Schedule must be mutually agreed to and incorporated into a revised Approved Project Schedule.

3. KEY PERSONNEL/PROJECT MANAGEMENT

3.1. The following individuals are designated as Key Personnel as of the Effective Date of this Agreement.

Name Title
Arash lzadi Principal in Charqe
John Courtney Project Director
Steve Kev Senior Project Manager
Helen Pierce Desiqn Director
Casey Chapin Project Designer
Name of Subconsultants Role
HL Construction Manaqement Cost estimatinq
SGH Investigation Consultant
Aquatics Desiqn Group Aquatics

3.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City's final approval.

3.3. The Project Director shall be the primary person communicating with the City and keeping City fully apprised on the status and progress of the Project. The Project Director shall also be responsible for project schedule updates; creation and preparation of progress reports and meeting minutes; adherence to project scheduling; and general project coordination.

3.4. The Project Director shall submit progress reports to the City on the project status no less than once per week. Reports shall include a summary of activities undertaken, progress achieved compared to plan, percent of overall work completed, and any other information deemed important.

3.5. Consultant shall respond within two (2) business days or sooner as agreed upon between both parties for project-related activities.

4. TASK 1: PROJECT KICKOFF
Consultant shall conduct an onsite kick-off meeting to establish the following detailed requirements for the Project.

4.1. Review project process, schedule, goals, sustainability, budget, and milestones.

4.2. Review the investigation objectives and confirm the project understanding.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

4.3. Update the Draft Project Schedule with the information received during the kick-off meeting. Upon the City's approval, the schedule shall be designated as the Approved Project Schedule.

5. TASK 2: REVIEW OF CITY-SUPPLIED DATA
Consultant shall review existing project information including existing surveys, program information, record drawings, entitlements data, and other available information provided by the City.

6. TASK 3: INITIAL SITE VISIT, INTERVIEW OF KEY FACILITY PERSONNEL, AND HIGH­

LEVEL VISUAL SURVEY
Consultant shall:

6.1. Conduct a site visit with its project team leadership to walk the facility with the City's facility engineer, pool operator, and facility maintenance personnel.

6.2. Familiarize itself with the facility, learn more about the use, repair and maintenance history, and identify areas for further exploration (non­ destructive testing and material sampling), which will require City review, approval and budget allocation.

6.3. Interview building engineer, pool operator and key maintenance personnel in a single meeting, concurrent with the Initial Site Visit.

6.4. Perform a high-level visual survey of the Facility. This will focus on:

6.4.1. Performing visual review of all primary pool features including: a) Pool Deck based on non-destructive examination, review areas of visible distress (cracks/spalls) and areas of little to no distress (control) to confirm visual assessments; b) an Aquatic Review to document existing conditions including Code violations, safety concerns, maintenance concerns, equipment conditions, mechanical and pool equipment; and c) Structural Review of structural components (including pool walls) such as grand stand canopy, building, dive tower, for compliance with current Code and potential structural life safety requirements).

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

7. TASK 4: INVESTIGATION AND FACILITY REVIEW PLAN REVIEW MEETING Consultant shall:

7.1. Prepare and submit to the City a Draft Investigation Plan based on industry standard Facility Condition Assessment (FCA) approach. The document shall include but not limited to:

7.1.1. Coverpage

7.1.2. List of Investigation Team Members

7.1.3. Investigation Approach
7 .1.4. List of buildings, concrete, and pool systems to be assessed 7 .1.4.1. Summary of relevant information from the kickoff meeting.

7.1.4.2. Summary of relevant information provided by the City. 7 .1.4.3. Summary of findings from initial site walk and visual survey.

7.2. Meet with City Project Staff (virtual) to review the Draft Investigation Plan.

8. TASK 5: INVESTIGATION AND FACILITY REVIEW DOCUMENT UPDATE Consultant shall incorporate reasonable City comments and responses and resubmit the Draft Investigation Plan to the City for review and approval. Should the Consultant's resubmittal not incorporate the appropriate comments or otherwise fail to meet the requirements outlined within this Scope of Services and representative of the investigation and agreed upon by Consultant, this cycle shall continue until the Consultant produces an acceptable submittal that is approved by the City in writing.

The City will be responsible for providing one (1) comprehensive set of reasonable and applicable comments in a timely manner for Consultant review and inclusion, where applicable.

9. TASK 6: FIELD INVESTIGATION AND KEY MATERIALS AND SYSTEMS

9.1. Concrete Pool Deck. To the level feasible and available through non­ destructive examination, view areas of visible distress (cracks and spalling) and areas of little to no visible distress (control) to confirm visual assessments.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1F3D0202-9008-46E8-AACB-1DA7DD9E0D2D

9.2. Aquatic Review. Consultant shall document existing visible conditions, including:

9.2.1. Code violations

9.2.2. Safety concerns

9.2.3. Maintenance concerns

9.2.4. Equipment conditions

9.2.5. Mechanical and pool equipment

9.3. GPR X-Ray of pool walls. Utilizing ground penetrating radar (GPR), x-ray the pool walls to locate the existing rebar and reinforcement in the pool walls.

9.4. Structural review. Consultant shall review structural components (including the pool walls as indicated in 9.3) including the shade structure, dive tower, mechanical room and buildings for compliance with current code and potential structural life safety requirements based on available as-builts.

10. TASK 7: DRAFT ADMINISTRATIVE REPORT
Consultant shall develop and submit a Draft Administrative Report for the City's review.

Consultant understands that the report must sufficiently address concerns of the City.

The draft report shall be develop based on industry standard Facility Condition Assessment (FCA), and shall include but not limited to:

10.1. Cover page

10.2. List of investigating team members

10.3. Investigative approach

10.4. A comprehensive list of buildings, roofing, water proofing, concrete, pool, deck, mechanical/plumbing/electrical systems estimated life cycle, and other primary pool features.

10.5. Rough Order of Magnitude Construction Cost.

10.6. Conditions, hazards, recommendations, etc.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

11. TASK 8: DRAFT ADMINISTRATIVE REPORT REVIEW MEETING
In a "hybrid" (both in-person and virtual depending on the project team members), Consultant shall present and review the Draft Administrative Report with the City.

12. TASK 9: REPORT UPDATE
Based on City input and review of the Draft Administrative Report, Consultant shall incorporate reasonable City comments and responses and resubmit the Draft Administrative Report to the City for review and approval. Should the Consultant's resubmittal not incorporate the appropriate comments or otherwise fail to meet the requirements outlined within this Scope of Services and representative of the investigation and testing performed and agreed upon by Consultant, this this cycle shall continue until the Consultant produces an acceptable Final Administrative Report that is approved by the City in writing. The City will be responsible for providing one (1) comprehensive set of reasonable and applicable comments in a timely manner for Consultant review and inclusion, where applicable.

13. TASK 10: PUBLIC PRESENTATIONS
Consultant shall prepare for and attend up to two (2) public presentations to share and identify the findings, conclusions, and recommendations found within the Final Administrative Report. The public presentations may include:

13.1. City Manager's Office, Public Works Department, Parks & Recreation Department

13.2. City Council

14. SUMMARY OF MEETINGS
Services consisting of meeting attendance and presentations by Consultant as follows:

14.1. One (1)- Kickoff Meeting

14.2. One (1)- Initial Site Visit & Interviews (concurrent with Project Kick Off)

14.3. One (1) - Facility Assessment (in person/on site)

14.4. One (1) - Administrative Draft Review (virtual)

14.5. One (1) - Final Document Review (virtual)

14.6. Up to two (2) - Public Presentations (in person)
Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

15. SUMMARY OF DELIVERABLES

15.1. Investigation Plan

15.2. Draft Administrative Report

15.3. Final Report

15.4. Schedule

15.5. Meeting Minutes

15.6. Public Presentations (Up to 2)

16. SUPPLEMENTAL SERVICES
Consultant may provide the following supplemental services at the request of the City:

16.1. Utility Locating. The services include:

16.1.1. Find locatable utilities using the following methods to quality level (QL) B per ASCE 38-02:

16.1.1.1. Electromagnetic Locator (Locator)

16.1.1.2. Ground Penetrating Radar (GPR)

16.1.1.3. Locatable Duct Rodder (Ram Rod)

16.1.1.4. Mainline Crawler (Crawler)

16.1.1.5. CCTV Push Camera

16.1.2. Physically mark identified utilities on site for identification and placement on the topographical survey.

16.1.3. Perform closed-circuit television (CCTV) camera of the available sewer and storm drain lines. Not all utilities and lines can be inspected using CCTV cameras due to size criteria and ability for the camera to move within the line.

16.1.4. Locating Report.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of SeNices Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

16.1.5. CCTV Report.

16.1.6. Due to the materials, depth of utilities, soils, cover and other factors, not all utilities are locatable and can be identified. The utility locating service will be provided to Quality Level B which involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of identifiable utilities within the limits of the immediate aquatic facility.

16.2. Topographic Ground Survey. The services include:

16.2.1. Improvements within limit of work.

16.2.2. Locate all building corners, finish floor elevation (FFE) and door thresholds, recesses, and areas under canopies (where applicable).

16.2.3. Locate all existing site walls, fences, and gates, including top of wall and finish grade elevation.

16.2.4. Locate ramps, stairs, and railings. Show top of ramp and bottom of ramp elevations. Show landing areas.

16.2.5. Locate all existing drains, catch basins, etc. and finish grade at each.

16.2.6. If a catch basin or manhole is in the ground survey area, survey the size, invert elevation along with pipe sizes coming in and out.

16.2.7. Locate all vaults, electrical, telecom, etc.

16.2.8. Survey all top of curb, finish surface, finish grade, and flowline elevations.

16.2.9. Locate all utilities (aboveground appurtenances) within detailed survey areas.

16.2.10. Record utility location from the Utility Forensic markings on the survey file.

16.3. Pool Structure Leak Detection: This service includes performing leak detection for the actual pool structure.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7OD9E0D2D

16.4. Special Studies: Special Studies services include investigation, research, and analysis of the City's special requirements for the Project and documentation of findings, conclusions and recommendations for Master Planning to provide design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project during the construction phase.

16.5. Renderings: Renderings services relating to providing graphic pictorial representations include:

16.5.1. Elevation view(s) in color

16.5.2. Perspective view(s) in color

16.5.3. Plan view(s) in color

16.5.4. Photo realistic images

16.5.5. Video Fly-Thru's

16.5.6. Still Image Fly-Thru's

17. PROJECT ASSUMPTIONS

17.1. Assessment Limitations: Due to the inherent limitations of facility condition assessment services, the age of the facility and the limited scope, the, assessment and studies may not identify all items, concerns, issues or life safety items. Consultant shall document any unidentifiable items to enable the City to understand and weigh the risks associated with the Project. They are preliminary and intended to assist the City in an overall evaluation of the facility and whether additional forensic investigation is needed and/or if the facility should be closed. The City may use the information to determine if it should proceed to Phase 2 and explore facility renovation or replacement.

Due to the current volatility of the construction industry and cost escalation, any cost-related work is preliminary and is not intended to be a prediction of actual bid amounts.

17.2. Project Size: Scope of services is limited to the International Swim Center pool facility only. Review, analysis, design, and coordination of any kind for areas outside the direct limits of the pool area is excluded. Exclusions include Central Park, areas outside the pool fence, city streets, or any other area.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1F3O0202-9008-46E8-AACB-1DA7DD9E0D2D

17.3. Record Drawings: Information is to be provided by the City.

17.4. Meetings: Where the maximum number of meetings to be included in Consultant's services is specified herein, Consultant agrees to attend, and participate in, as many meetings as specified as part of the base scope of services. Meetings in excess of those specified will be billed at additional cost.

17.5. Consultation and Coordination: All consultations and coordination not associated with specific meetings shall be conducted at the sole discretion of the Consultant, and only as necessary for the Consultant to complete the professional services of this Agreement.

Design Professional Agreement with LPA, lnc./Exhibit A-Scope of Services Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7 □ D9E0D2D APPENDIX A1 TO EXHIBIT A

DRAFT PROJECT SCHEDULE
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Design Professional Agreement with LPA, lnc./Appendi x A1 Draft Project Schedule Rev. 09-28-18
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DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1DA7OD9E0D2D EXHIBIT 8

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the Consultant under this Agreement shall not exceed Two Hundred Thirty-Eight Thousand Nine Hundred Twenty Dollars ($238,920) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will need to be addressed through an amendment to the Agreement that is subject to City Council approval and budget allocation.

2. FEE SCHEDULE
Consultant's compensation for Phase 1 Services, as described in Exhibit A, shall be a fixed fee of $223,920. This fixed fee includes all labor, materials, equipment, overhead, general administrative costs, and profit. Consultant shall invoice the City for the percentage of services completed during the previous month.

3. ADDITIONAL SERVICES
Services that are not part of Phase 1 Services, as described in Exhibit A, shall be at additional cost. The City has a set aside the amount of $15,000 for additional services.

Consultant shall provide a written quote to the City, which may be based on a fixed fee as listed in Table B1, or as listed in Table B2 on time and materials basis.

Cost of services and expenses charged to Consultant by outside consultants and professional or technical firms shall be at actual cost plus 10%. Reimbursable expenses will be billed at actual cost plus 10%.

Table 81: Additional Services
Description Amount
Utility Locating $108,013
Topographic Survey $76,368
Pool Structure Leak Detection $12,157
Table 82: Hourly Rates
Classification Reaular Hourly Rate*
Principal
Director
Discipline Director
Project Director
Project Leader
Manager
Design Professional Agreement with LPA, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18
$285.00
$240.00
$260.00
$250.00
$200.00
$165.00

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D Classification Re~ular Hourly Rate*
Design Coordinator II $170.00
Desiqn Coordinator I $145.00
Designer Ill $135.00
Designer II $120.00
Designer I $110.00
Senior Specialist $140.00
Specialist Ill $110.00
Specialist II $95.00
Specialist I $85.00
Intern $75.00
*The hourly rates are subject to change annually, subject to the City's approval.

4. PAYMENT SCHEDULE
City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

Design Professional Agreement with LPA, lnc./Exhibit B-Schedule of Fees Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1F3D0202-9008-46E8-AACB-1DA7DD9E0D2D least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other ' insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non­ renewal.

4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2D limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]:

Or by mail to:

EBIX Inc.

City of Santa Clara - Parks and Recreation Department
P.O. Box 100085 - S2
Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Design Professional Agreement with LPA, lnc./Exhibit C-lnsurance Requirements Rev. 09-28-18

DocuSign Envelope ID: 1 F3O0202-9008-46E8-AACB-1 DA7DD9E0D2O

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements
1 . Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Design Professional Agreement with LPA, lnc./Exhibit D-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project 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)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Design Professional Agreement with LPA, lnc./Exhibit D-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: 1 F3D0202-9008-46E8-AACB-1 DA7DD9E0D2D practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Design Professional Agreement with LPA, lnc./Exhibit O-Labor Compliance Rev. 09-28-18

DocuSign Envelope ID: DD9887BE-D91C-4872-A043-D6F53708FE15 Ebix Insurance No. S200003297
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
LPA, INC.

FOR THE INTERNATIONAL SWIM CENTER FACILITY ASSESSMENT

PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and LPA, Inc., a California corporation, (Contractor or Consultant). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and LPA, Inc. for the International Swim Center Facility Assessment", dated August 10, 2023 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide professional services for a facility assessment of the international swim center, and the Parties now wish to amend the Agreement to have consultant provide additional services to assist the City in reviewing options for both temporary use and permanent reconstruction for consideration as specified in proposal dated February 27, 2024 and Professional Services Authorization dated March 6, 2024, and increase compensation by $10,000 for a revised not-to­ exceed maximum compensation of $248,920, subject to the appropriation of funds.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is amended to read as follows:

In consideration for Contractor' s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Revised Exhibit B, entitled" SCHEDULE OF FEES." The maximum compensation of this Agreement is set forth in Section 1 of Revised Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and Amendment No. 1 to Agreement/LPA, Inc.

Rev. 10/25/19

DocuSign Envelope ID: DD9887BE-D91C-4872-A043-D6F53708FE15 equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

2. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES", is hereby amendment to read as shown in Revised Exhibit B, attached and incorporated into this Amendment No. 1.

3. Except as set forth herein , all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:

Y. th--- h/
Dated: l-f /-i,~ /zi ---~-----------
GLEN R. GOGGINS
City Attorney
~ ~
"CITY"
LPA, INC.

City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
a California corporation/partnership/individual
Dat~·Afo~u~~n.~~y; 2024
By (Signatur )~-=-=""--'-fvu--"·=U;=--s ____________ _
Na . 00~~PT2Mffts-
Title: Chief Operating Officer
Principal Place of 60 South Market Street, Suite 1250
Business Address: Sam Jose, CA 95113
Email Address: [email protected]
Telephone: (408) 780-7203
Fax: (949) 260-1190
"CONTRACTOR"
Amendment No. 1 to Agreement/LPA, Inc.

Rev. 10/25/2019

DocuSign Envelope ID: DD9887BE-D91C-4872-A043-D6F53708FE15

REVISED EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay the Consultant under this Agreement shall not exceed Two Hundred Forty-Eight Thousand Nine Hundred Twenty Dollars ($248,920) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will need to be addressed through an amendment to the Agreement.

2. FEE SCHEDULE
Consultant's compensation for Phase 1 Services, as described in Exhibit A, shall be a fixed fee of $223,920. This fixed fee includes all labor, materials, equipment, overhead, general administrative costs, and profit. Consultant shall invoice the City for the percentage of services completed during the previous month.

3. ADDITIONAL SERVICES
Services that are not part of Phase 1 Services, as described in Exhibit A, shall be at additional cost. The City has a set aside the amount of $25,000 for additional services.

Consultant shall provide a written quote to the City, which may be based on a fixed fee as listed in Table B1, or as listed in Table B2 on time and material basis.

Cost of services and expenses charged to Consultant by outside consultants and professional or technical firms shall be at actual cost plus 10%. Reimbursable expenses will be billed at actual cost plus 10%
Table 81: Additional Services
Description Amount
Utility Locatinq $108,013
Topoqraphic Survey $76,368
Pool Structure Leak Detection $12,157
Table 82: Hourly Rates
Classification Regular Hourly Rate*
Principal $285.00
Director $240.00
Discipline Director $260.00
Project Director $250.00
Project Leader $200.00
Manaqer $165.00
Amendment No. 1 to Agreement/LPA, lnc./Revised Exhibit B - Schedule of Fees Rev. 10/25/19

OocuSign Envelope ID: DO9887BE-D91C-4872-A043-O6F53708FE15 Classification Regular Hourly Rate*
Design Coordinator II $170.00
Design Coordinator I $145.00
Designer Ill $135.00
Designer II $120.00
Designer I $110.00
Senior Specialist $140.00
Specialist 111 $110.00
Specialist II $95.00
Specialist I $85.00
Intern $75.00
*The hourly rates are subject to change annually, subject to the City's approval.

4. PAYMENT SCHEDULE
City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

Amendment No. 1 to AgreemenULPA, lnc./Revised Exhibit B - Schedule of Fees Rev. 10/25/2019
Page2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-170 Agenda Date: 3/11/2025

REPORT TO CITY COUNCIL

SUBJECT
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning restraint techniques, and creating a public forum for the approval of the purchase of military equipment. Assembly Bill (AB 481, Assembly Member David Chiu, Democrat, San Francisco) (Attachment 1) codified law enforcement’s acquisition, use, and funding of “military equipment.”
In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the State legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.

The City Council approved the required Military Equipment Use Policy and adopted the required Ordinance (SCCC 2.80.080) on March 8, 2022, with subsequent annual re-approvals on May 23, 2023, and April 24, 2024. The present proposed action constitutes the required reapproval process for 2025.

The law also requires law enforcement agencies to provide their governing body and the public with an Annual Report detailing equipment inventory, uses, complaints, etc. The City Council is then required to review the Annual Report for approval and review the Ordinance for renewal. Such renewal is required in order for the department to continue to use its existing (and to acquire new) qualifying equipment.

DISCUSSION
At least annually after the adoption of a Military Equipment Use Policy, each law enforcement agency is required to prepare a yearly military equipment report to include the following categories of information, and to submit that report to the governing body (City Council) for approval, and to City of Santa Clara Printed on 3/7/2025Page 1 of 9
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25-170 Agenda Date: 3/11/2025
publish that Annual Report on the City’s website:
· A summary of how the military equipment was used and the purpose of its use; · A summary of any complaints or concerns received concerning the military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
· The quantity possessed for each type of military equipment; and, · If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

It is important to ensure the community receives a high degree of transparency, convenience, and publicity, and also to ensure that the meeting occurs in such a manner that the City Council can most directly benefit from community input in its decision-making.

On January 27, 2025, staff presented a summary of the 2024 AB 481 Annual Report to the Chief’s Advisory Committee (CAC). Comments and suggestions from the CAC members included the following:
· CAC members emphasized calling out the original purchase date of the majority of equipment in future reports
· Members would like attention brought to the majority of perishable purchases being a result from use through training (versus in the field)
· Recommendation that social media and City-wide special events be utilized to highlight equipment designated as military equipment with an emphasis on the way it is used by our department
· In future reports, highlight what item(s) are being replaced due to end of life On February 4, 2025, the Police Department posted the calendar year 2024 Annual Report on its website along with the tentative date City Council will consider this item (March 11, 2025) to serve as its “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.

The Police Department began advertising the Annual Report location and tentative public meeting via the Police Department’s website and social media platforms (e.g., Facebook, Instagram, Nextdoor, Nixle and Twitter) encouraging public participation in the City Council meeting on March 11, 2025.

Summary of SCPD’s Equipment
Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades. Use of this equipment is built into the Police Department’s operating procedures and provides a snapshot of their respective functionality.

A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and can) be utilized as well as the source for original funding is below. It should be City of Santa Clara Printed on 3/7/2025Page 2 of 9
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25-170 Agenda Date: 3/11/2025
noted, maintenance and/or repair costs as necessary are paid from the General Fund unless otherwise documented.

Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant*
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail
a suspect from
being
barricaded
Grant** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 3/7/2025Page 3 of 9
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25-170 Agenda Date: 3/11/2025
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant*
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail
a suspect from
being
barricaded
Grant** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 3/7/2025Page 4 of 9
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25-170 Agenda Date: 3/11/2025
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant*
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail
a suspect from
being
barricaded
Grant** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 3/7/2025Page 5 of 9
powered by Legistar™
25-170 Agenda Date: 3/11/2025
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant*
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail
a suspect from
being
barricaded
Grant** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
*Purchase and corresponding policy approved however item not yet acquired. **This item was purchased with UASI funds and therefore is a regional law enforcement asset.

As a reminder, nothing in this bill prohibits law enforcement from obtaining any of the items deemed as military equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment. The Police Department possesses equipment in 7 of the 15 established categories.

Funding and Purchases
While the department is the recipient of a variety of federal grants, the department has not applied for or received designated military equipment through the United States Department of Defense 1028 or 1033 excess equipment transfer programs.

Prior to the implementation of AB 481, decisions surrounding the acquisition of equipment were presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, depending on the circumstances (e.g., financial threshold, funding source, etc.), and procurement of such equipment adheres to the City’s purchasing processes and/or grant guidelines (depending on the funding source). The addition of the Police Department’s Military Equipment Policy (Lexipol Policy 706, Attachment 2) overrides past practice if the item being purchased is designated as Military Equipment. In these cases, the item will be brought forth to City Council for consideration through this annual AB 481 process prior to proceeding through the City’s purchasing process and/or grant purchasing requirements for non- City of Santa Clara Printed on 3/7/2025Page 6 of 9
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25-170 Agenda Date: 3/11/2025
consumable items.

The use of such equipment is governed by the Police Department’s Use of Force Policy #300. In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by SCPD’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

All Police Department policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, SCPD weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.

Annual Report & Ordinance Renewal
AB 481 requires law enforcement agencies to prepare a Resolution (Attachment 3) and Annual Report (Attachment 4) by calendar year to include the use of military equipment, any complaints received, any internal audits or other information about violations of the Police Department’s Lexipol Policy 706, the cost of such use, and other similar information.

As is noted in the Annual Report Executive Summary, the Police Department did not have any unauthorized uses during the reporting period, nor did it receive any complaints associated with the use of AB 481 equipment. In the interest of full transparency, the City conducted a zero-cost trade of obsolete or defective rifles resulting in a reduction of reported inventory (Category 10). The report does not address routine purchases for equipment not designated as military equipment, such as mechanical breaching apparatuses non-explosive in nature (e.g., hoolie bar, picks, sledgehammers and rams). This updated version also addresses equipment trades, if any, in 2024, and anticipated changes to the equipment inventory in 2025.

In calendar year 2025, the Police Department anticipates the following changes to the military equipment inventory:
· Ammunition and other consumables (Category 10, 12 and 14) · Replacement of lost, damaged or malfunctioning equipment (e.g., warranty) · Specialized Vehicles - Special Response Team van and Hostage Negotiation Team mobile command center reduced to one vehicle with multiple functions, plus an equipment vehicle.

Combination of grant funding (COP 21 $45,000 and COP 22 $110,000), Police Department General Fund budget ($196,917), and equipment replacement funds ($292,917) to be utilized to fund this purchase. This was approved by City Council on January 28, 2025 (Category 5) · Unmanned Aircraft - Application in the amount of $456,000 for Bay Area UASI Grant funding to purchase 4 tethered unmanned aircraft for mobile intelligence and surveillance tools as an emerging counter-terrorism tool and 1 mobile control center used to manage surveillance of high-risk areas, critical infrastructure, crowd monitoring and public events (Category 1) · Lenco Armored Bearcat Medevac paid for with the Police Department’s Operating Budget ($491,998) (Category 4)
· Additional Drone funding is being sought, particularly for a DJI Matrice 350 model to enhance flight capabilities during inclement weather (Category 1) City of Santa Clara Printed on 3/7/2025Page 7 of 9
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25-170 Agenda Date: 3/11/2025
Local, State and Federal grant funding opportunities vary from year to year, often influenced by legislation and funding priorities. As new grant opportunities present themselves, the Police Department will evaluate eligibility criteria, whether the opportunity aligns with organization’s mission and goals, funding amount meets identified needs, understand reporting requirements and expectations, and determine if the opportunity meets our organization’s objectives prior to submitting a grant application. In the normal course of business, the Police Department competes among fellow law enforcement agencies for grant funding. The likelihood of receiving grant funding, having it considered by Council and completing the procurement process within this calendar year is minimal, however, any funding awarded for the purchase of qualifying equipment would be included in the following Annual Report.

At the writing of this report, the Police Department is also awaiting notification on grant applications and/or has received grant funding for the following military equipment:
· Unmanned Aircraft - Application in the amount of $456,000 for Bay Area UASI Grant funding to purchase 4 tethered unmanned aircraft for mobile intelligence and surveillance tools as an emerging counter-terrorism tool and 1 mobile control center used to manage surveillance of high-risk areas, critical infrastructure, crowd monitoring and public events (Category 1) A governing body that has adopted a Military Equipment Use Policy by Ordinance pursuant to AB 481, as the City of Santa Clara has done, is required to annually review that Ordinance and, based upon the information provided in the Annual Report, make the following findings to support a renewal of the Ordinance:
· The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; · The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
· The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, · Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The proposed Resolution incorporates the Annual Report, reflects the required findings, and approves renewal of SCCC 2.80.080 for an additional year.

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
On-going staff time to document purchases and usage, as well as time to prepare the Annual Report and corresponding Report to Council is significant. However, the equipment referenced in the Annual Report has already been funded.

City of Santa Clara Printed on 3/7/2025Page 8 of 9
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25-170 Agenda Date: 3/11/2025

COORDINATION
This report has been coordinated with the Finance Department, Police Department and City Attorney’s Office.

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

RECOMMENDATION
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481.

Reviewed by: Cory Morgan, Police Chief
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Assembly Bill 481

2. Policy #706

3. Resolution

4. 2024 AB 481 Annual Report
City of Santa Clara Printed on 3/7/2025Page 9 of 9
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Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.)

LEGISLATIVE COUNS EL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution ofits powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of milita1y equipment, this bill would impose a state-mandated local program .

The California Constitution requires local agencies , for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonsh·ating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of milita1y equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties , and physical and psychological well -being , and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how milita1y equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights , and civil liberties, and should be based on meaningful public input.
92 -3- Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPM ENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district , or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Milita1y equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel can-iers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refetTed to as Humvees, two and one-half-ton trucks, five-ton ttucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-ten-ain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tt·acked system instead of wheels for fotward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature . However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles .
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD) .
(14) The following projectile launch platfo1ms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
( 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of militaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the milita1y equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of militaiy equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the milita1y equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 -5- Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy .
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Atticle IV ( except Section 20 thereof) or Atticle VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number .
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a milita1y equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Atticle 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting militaiy equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers . (C) Acquiring militaiy equipment either pe1manently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of militaiy equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, militaiy equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any rnilitaiy equipment that was acquired prior to J anuaiy 1, 2022 , shall commence a governing body approval process in accordance with this section . If the governing body does not approve the continuing use of militaiy equipment, including by adoption pursuant to this subdivision of a militaiy equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed rnilitaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 -6-
the milita1y equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil libe1ties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaiy equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying militaiy equipment use policy, co1Tective action has been taken to remedy nonconfo1ming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the milita1y equipment is available for use .
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Pait 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Pait 1 of Division 2 of Title 5), as applicable .
(2) The governing body shall detelTnine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of milita1y equipment identified in that repo1t has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual milita1y equipment report has not complied with the standards for approval set forth in subdivision ( d), the governing body shall either disapprove a renewal of the authorization for that type of milita1y equipment or require modifications 92 -7- Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual militaiy equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual milita1y equipment report required by this section publicly available on its internet website for as long as the milita1y equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summa1y of how the militaiy equipment was used and the purpose of its use.
(2) A summa1y of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any infonnation about violations of the militaiy equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. ( 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring milita1y equipment either permanently or temporarily, including by boTI"owing or leasing.
92 Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter .
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy .
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the militaiy equipment use policy to the Governor or the Governor's designee.
7074 . The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution . Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code , furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislatw-e makes the following findings :

Requiring local agencies to hold public meetings prior to the acquisition of milita1y equipment fu1ther exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 -9- Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
Policy
706
Santa Clara Police Department
SCPD Policy Manual
Copyright Lexipol, LLC 2025/02/05, All Rights Reserved.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Santa Clara Police Department
SCPD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/05, All Rights Reserved.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Santa Clara Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Clara Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Santa Clara Police Department
SCPD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/05, All Rights Reserved.

Published with permission by Santa Clara Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Resolution/Annual Approval of Military Equipment Ordinance Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING THE ANNUAL MILITARY EQUIPMENT REPORT AND

APPROVING RENEWAL OF SANTA CLARA CITY CODE SECTION

2.80.080 [“MILITARY EQUIPMENT POLICY”] PURSUANT TO AB
481

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Santa Clara City Code Section 2.80.080 (“Military equipment policy”) was adopted in March 2022, approving the Military Equipment Policy, with the requisite findings and process, in accordance with AB 481;
WHEREAS, AB 481 requires the City Council to review its adopted military equipment ordinance annually and to vote on whether to renew the ordinance; WHEREAS, AB 481 requires, further, that in order to renew the Ordinance, the City Council must make a finding that, based on the information contained in the annual military equipment report (attached), each type of military equipment identified in that report has complied with specific standards for approval; and,
WHEREAS, the City Council of the City of Santa Clara, having received the information required by AB 481, deems it to be in the best interest of the City to approve the annual military equipment report and to renew the military equipment policy ordinance SCCC 2.80.080, as set forth below.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the annual military equipment report submitted to the City Council by the Santa Clara Police Department contains all information required by AB 481 and is hereby approved.

3. That, based on the annual military equipment report submitted by the Santa Clara Police Department, each type of military equipment identified in that report has complied with the Resolution/Annual Approval of Military Equipment Ordinance Page 2 of 2 Rev: 11/22/17
following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
c. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

4. That the procedural requirements of AB 481 have been satisfied.

5. That Santa Clara City Code Section 2.80.080 is hereby renewed.

6. Effective date. This resolution shall become effective immediately.

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Annual Military Equipment Report

Santa Clara Police Department
Annual Military Equipment Use
Report
2024

Annual Military Equipment Use Report 2024
1 Contents
Executive Summary ........................................................................................................ 2 Introduction ..................................................................................................................... 4 Definitions ....................................................................................................................... 5 Summary of Military Equipment Usages ......................................................................... 7 Fiscal Impact ................................................................................................................. 13 Fiscal Year (FY) 2024 ................................................................................................ 13 Fiscal Year (FY) 2023/24 ........................................................................................... 15 Projected Acquisitions ................................................................................................... 16 Training Costs ............................................................................................................... 17 Department Transparency ............................................................................................. 19 Community Complaints/Concerns/Comments ........................................................... 19 Response to Procedure Violations............................................................................. 20 Outreach and Community Engagement ........................................................................ 21 Internal Audits ............................................................................................................ 22 Summary of Military Equipment .................................................................................... 24 Unmanned Aircraft Systems (UAS) ........................................................................... 25 Robots ....................................................................................................................... 28 Armored Vehicles ...................................................................................................... 30 Mobile Incident Command Vehicle (MIC) .................................................................. 31 Crisis Negotiation Team (CNT) Vehicle ..................................................................... 32 Crime Scene Investigation Team (CSI) Vehicle ......................................................... 33 40mm Launchers and Munitions ................................................................................ 34 Chemical Agent and Smoke Canisters ...................................................................... 36 Combined Tactical Systems LC5 Launching Cup ...................................................... 40 Diversionary Devices ................................................................................................. 42 Rifles and Munitions .................................................................................................. 45 Explosive Breaching Tools ........................................................................................ 55 PepperBall Launcher and Munitions .......................................................................... 58 Conclusion .................................................................................................................... 62

Annual Military Equipment Use Report 2024
2 Executive Summary

On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy. The Santa Clara Police Department is required to seek City Council approval of their Military Equipment Use Policy at a regular open meeting prior to taking certain actions relating to the funding, acquisition, and use of military equipment.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.

Finally, Assembly Bill 481 requires publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website.

Assembly Bill 481 California Government Code section 7072 states the following:

(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

(1) A summary of how the military equipment was used and the purpose of its use.

(2) A summary of any complaints or concerns received concerning the military equipment.

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

(5) The quantity possessed for each type of military equipment.

Annual Military Equipment Use Report 2024
3 (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, The Santa Clara Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072.

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Annual Military Equipment Use Report 2024
4 Introduction

The Santa Clara Police Department possesses and employs a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “work in partnership with the Community to protect life and property, solve neighborhood problems, and enhance the quality of life in our City.” While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident.

The Santa Clara Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution, in a safe manner. The use of military equipment is restricted to certain instances and in some cases only by certain units. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time of use.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

It should be noted that all categories of military equipment outlined in this report, with the exception of Unmanned Aircraft Systems, were already in use for the Santa Clara Police Department prior to Assembly Bill 481 reporting requirements. This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from January 1st, 2024, through December 31, 2024.

Annual Military Equipment Use Report 2024
5 Definitions

Pursuant to California Assembly Bill 481, the following definitions are applicable only to the Santa Clara Police Department’s current military equipment inventory and potential military equipment acquisitions for operational needs. For a more detailed list of “military equipment” definitions, refer to California Government Code sections 7070(c)(1) through (16).

“Governing body” means the Santa Clara City Council and Mayor.

“Military equipment” means any wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) to include:

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment to control it remotely.

2. Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to enhance the safety of the community and officers.

3. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.

4. Mobile Incident Command Vehicle (MIC): A vehicle used as a mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

5. Crisis Negotiation Team (CNT) Vehicle: A vehicle used as a mobile office that provides shelter, access to Department computer systems, and meeting space on extended events.

6. 40mm Launchers and Munitions: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.

7. Diversionary Devices: A device used to distract dangerous persons.

8. Rifles and Munitions: Guns that are fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

9. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

Annual Military Equipment Use Report 2024
6 10. Explosive Breaching Tools: Equipment used to provide an explosive charge to safely gain entry into structures during high-risk operations.

11. PepperBall Launchers and Projectiles: A device that discharges PAVA powder projectiles.

12. “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

“Military Equipment Use Policy” refers to Santa Clara Police Department General Order 706 and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy.

6. The mechanisms to ensure compliance with the Military Equipment Use Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

Annual Military Equipment Use Report 2024
7 Summary of Military Equipment Usages

The City of Santa Clara is home to approximately 130,000 people. The volume of calls for service to which the Santa Clara Police Department responds to on an annual basis reflects a population of that size. In 2024, the Department responded to 53,860 calls requiring an officer response.

Among those calls for service, force was used one hundred and nine (109) times. Of the force options utilized, military equipment in the form of projectiles were only used during two (2) of those contacts. These statistics illustrate the relatively few instances (less than 0.2%) of force used by Santa Clara police officers in relation to overall contacts. Moreover, force used involving the use of military equipment is an even smaller subset of the overall force used during this time span.

While the Santa Clara Police Department’s inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Santa Clara Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units.

This section outlines the military equipment usage from January 1, 2024, to December 31, 2024, unless otherwise noted. Certain items of military equipment, particularly consumables (ammunition, diversionary devices, pepper balls, chemical agents, etc.) are primarily used throughout the year on a regular basis for training to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.

Annual Military Equipment Use Report 2024
8 Category 1- Robot and Unmanned Aircraft

Robots
Robots were utilized a total of one (1) times from January 1, 2024, to December 31, 2024.
• Robots utilized by SRT – utilized one (1) time
o Was used during a SRT high risk search warrant to assist an outside agency.

Authorized usages:
• Support of SWAT and Patrol during high risk, tactical, or other public safety life preservation missions to include:
• Opening doors to clear buildings for public safety and life preservation missions. • Provide interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding).
• Delivery of items (i.e., CNT phone) during critical incidents to engage in de- escalation and/or crisis intervention techniques in attempt to resolve incidents peacefully.
• Support of EOD unit during tactical and life preservation missions by disrupting suspicious packages that pose a potential risk for the public.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, to December 31, 2024.

Unmanned Aircraft Systems (UAS)
Unmanned Aircraft Systems were utilized for a total of 1034 flights from January 1, 2024, to December 31, 2024. Each time a UAS takes off and lands it is considered a separate flight. Many operations are longer in duration and can utilize multiple UAS at one time. This can often result in a single operation involving 10 or more separate flights. All flights are communicated on the department’s website on a monthly basis at https://www.santaclaraca.gov/our-city/departments-g-z/police- department/community/unmanned-aircraft-system-deployment-summary

Authorized usages:
• Collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes). • Support of SWAT and Patrol during high risk, tactical or other public safety life- preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding). • Conduct aerial searches for missing persons.
• Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).

Annual Military Equipment Use Report 2024
9 Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, to December 31, 2024.

Category 2 & 3- Armored Rescue Vehicle

Armored Vehicles
The Armored Rescue Vehicle was utilized a total of fifty-two (52) times from January 1, 2024, to December 31, 2024. Of these deployments, three (3) were to assist an outside agency.

Authorized usages:
• Support of SWAT and Patrol (to include outside agencies) during critical incidents by providing greater safety to community members and officers beyond the protection level of a shield and/or personal body armor. • Deployed at large events with potential terrorism threats, including stadium events.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, to December 31, 2024.

Category 5- Command and Control Vehicles

Mobile Incident Command Vehicle, Crisis Negotiation Team Vehicle, and Crime Scene Investigation Vehicle
The Mobile Incident Vehicle (15), Crisis Negotiation Team Vehicle (1), and Crime Scene Investigation Vehicle (13) were utilized twenty-nine (29) times from January 1, 2024, to December 31, 2024.

Authorized usages:
• Utilized as command post for critical incidents during complex events. • Natural disasters (i.e., mutual aid for large scale fires or flooding). • Other large-scale events to provide high visibility and public safety.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, to December 31, 2024.

Annual Military Equipment Use Report 2024
10 Category 7- Breaching Equipment

Explosive Breaching Tools
Explosive Breaching Tools were utilized zero (0) times between January 1, 2024, through December 31, 2024.

Authorized usages:
• Safely enter a structure for public safety and life preservation missions (i.e., an explosive breach may be utilized to breach the front door of a residence in which a suspect armed with a handgun is or has been threatening another person).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Category 10- Rifles and Munitions

Rifles and Munitions
Rifles were utilized one (1) time between January 1, 2024, through December 31, 2024.

Authorized usages:
• In accordance with California Penal Code section 835a and SCPD General Order 300 (Use of Force)

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Category 12- Noise Flash Diversionary Devices, Tear Gas and Pepperball

Diversionary Devices
Diversionary Devices were utilized a total of six (6) times between January 1, 2024, through December 31, 2024.

Authorized usages:
• Support SWAT during call outs and high-risk warrant services • Distract dangerous suspects during apprehensions
• Hostage rescue incidents
• High-risk room entries

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Annual Military Equipment Use Report 2024
11 Chemical Agents and Smoke Canisters
Chemical Agents and Smoke Canisters were utilized zero (0) times between January 1, 2024, through December 31, 2024.
• CS Canister/Grenade – utilized zero (0) times
• OC Canister/Grenade - utilized zero (0) times
• Smoke Canister/Grenade - utilized zero (0) times
• OC Fogger - utilized zero (0) times
• OC Stream - utilized zero (0) times

Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• During riot/crowd control and civil unrest incidents where the use of chemical agents is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48)
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. • Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

PepperBall Launchers and Projectiles
PepperBall Launchers were utilized during zero (0) calls for service between January 1, 2024, through December 31, 2024.

Authorized usage:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• Safely address an armed, or potentially armed, or violent individual. • During riot/crowd control and civil unrest incidents where the use is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48).
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk (i.e., deploying into a structure/vehicle where a barricaded subject is with the result being a peaceful surrender).
• Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

Annual Military Equipment Use Report 2024
12 Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Category 14- 40mm Launchers and Munitions

40mm Launchers and Munitions
The 40mm Launcher was utilized during two (2) calls for service between January 1, 2024, through December 31, 2024.
• 40mm Impact related rounds – utilized during two (2) calls for service • 40mm OC related rounds – utilized during zero (0) calls for service • 40mm related CS related rounds – utilized zero (0) times

Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• Safely address an armed, or potentially armed, or violent individual. • During riot/crowd control and civil unrest incidents where the use of the 40mm is considered objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48).
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. (i.e., breaking out a vehicle window to get an unobstructed view of an armed barricaded individual). • Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2024, through December 31, 2024.

Annual Military Equipment Use Report 2024
13 Fiscal Impact

Fiscal Year (FY) 2024

July 2023 – June 2024

Currently the Santa Clara Police Department has an authorized workforce comprised of 153 full-time equivalent (FTE) sworn peace officer positions and 78 FTE professional staff positions. The department’s adopted budget for FY 2023/24 was approximately $86,688,554 approximately 85% of which is allocated for personnel expenses. The portion of the budget allocated for military equipment expenditures represents only a small fraction of the Department’s operating costs. However, the funds spent on military equipment are an integral part of providing the essential resources and material needed to keep the community and officers safe. The significance and enhanced capability that the current military equipment inventory provides is immense and cannot be understated from a public safety perspective.

The following outlines the fiscal impact of military equipment on the annual budget. As evidenced by the chart below and subsequent data tables, military equipment and related costs are nominal as compared to the overall Department budget. Cost breakdowns showcase the individual equipment prices per unit, combined with costs related to training, maintenance, upgrades, other ongoing costs, and source funding:

Santa Clara Police Department Budget FY 2023/24

85%

0.0016%
15%
Personnel Costs
Military Equipment Costs
All other operating costs
■
■
■
Annual Military Equipment Use Report 2024
14 Operating Budget Allocations

Category FY 2023/24 Amended Budget Budget Percentage
Personnel Costs $73,552,566 85%
Military Equipment Costs $142,350 0.0016%
All Other Operating Costs $12,972,538 15%
TOTAL $86,688,554 100.0%

Military Equipment Expenditures by Category and Projected Cost Fiscal Year 2024

Category Ongoing Annual
Cost/Maintenance
FY 2023/24
(approximate)
Projected Annual
Cost/Maintenance
FY 2024/25
(approximate)
Unmanned Aircraft System (UAS)
Maintenance
$18,900 $40,000
Robot Maintenance $250 $250
Armored Vehicles Maintenance $2,500 $2,500
Special Use Vehicles (SRT, CNT,
CSI)
$13,900 $13,900
40mm Launchers and Munitions $19,000 $19,000
Diversionary Devices $1,000 $1,000
Rifles and Munitions Maintenance $77,500 $77,500
Explosive Breaching Tools
Maintenance
$5,000 $5,000
PepperBall Launchers and
Projectiles Maintenance
$4,300 $4,300
TOTAL $142,350 $163,450

Annual Military Equipment Use Report 2024
15 Fiscal Year (FY) 2024/25

Consumable Military Equipment Acquisitions FY 2024/25

Projected consumable military equipment acquisitions for FY 2024/25 are anticipated to be consistent with current replenishment schedules and quantities for consumables. A variety of commercial factors (i.e. supply and demand, inflation, supply chain issues etc.) may influence the fiscal impact of future military equipment acquisitions and ongoing military equipment consumables can vary according to inventory levels that fluctuate as a result of training, operational usage, or manufacturer recommended replacement guidelines.

Categories of consumable military equipment are listed below:
• Ammunition – all calibers
• Explosive Breaching Tools
• Chemical Agent and Smoke Canisters
• Specialty Munitions (40mm Munitions and Less Lethal Munitions) • Diversionary Devices
• PepperBall Projectiles

Funding for the majority of the consumable military equipment for FY 2024/25 is anticipated to be sourced from the existing police budget or through State or Federal grants for law enforcement equipment.

Non-Consumable Military Equipment Acquisitions FY 2024/25

Any unanticipated replacements of existing non- consumable military equipment for FY 2024/25 will be initiated on a case-by-case basis that is dependent on operational need, operational wear, or end of serviceable lifespan and will be consistent with the Council- approved policy for acquisitions of military equipment.

Categories of non-consumable military equipment are listed below:
• Unmanned Aircraft System (UAS)
• Robots
• Armored Vehicles
• Mobile Incident Command Vehicle (MIC)
• Crisis Negotiation Team (CNT) Vehicle
• 40mm Launchers
• Combined Systems LC5 Launching Cup
• Rifles
• PepperBall Launchers

Annual Military Equipment Use Report 2024
16 Projected Acquisitions

In 2025, the Police Department anticipates the following changes to the military equipment inventory:
• Ammunition and other consumables (Category 10, 12 and 14) • Replacement of lost, damaged or malfunctioning equipment (e.g., warranty)

Local, State and Federal grant funding opportunities vary from year to year, often influenced by legislation and funding priorities. As new grant opportunities present themselves the Police Department will evaluate eligibility criteria, whether the opportunity aligns with organization’s mission and goals, funding amount meets identified needs, understand reporting requirements and expectations, and determine if the opportunity meets our organization’s objectives prior to submitting a grant application. In the normal course, the Police Department competes among fellow law enforcement agencies for grant funding. The likelihood of receiving grant funding, having it considered by Council and completing the procurement process within this calendar year is minimal, however, any funding awarded for the purchase of qualifying equipment would be included in the 2024 Annual Report.

At the writing of this report, the Police Department is also awaiting notification on grant applications and/or has received grant funding for the following military equipment:
• Specialized Vehicles - Special Response Team van and Hostage Negotiation Team mobile command center reduced to one vehicle with multiple functions, plus an equipment vehicle. Combination of grant funding (COP 22, $200,000) and equipment replacement funds ($290,000) to be utilized to fund this purchase.

This was just approved by City Council on 1/28/25 (Category 5). • Unmanned Aircraft - Application in the amount of $456,000 for Bay Area UASI Grant funding to purchase 4 tethered unmanned aircraft for mobile intelligence and surveillance tools as an emerging counter-terrorism tool and 1 mobile control center used to manage surveillance of high-risk areas, critical infrastructure, crowd monitoring and public events (Category 1)
• Lenco Armored Bearcat Medevac paid for with the Police Department’s Operating Budget ($491,998)
• Additional Drone funding is being sought, particularly for a DJI Matrice 350 model to enhance flight capabilities during inclement weather.

The remainder of non-consumable military equipment will consist of ongoing maintenance costs. Funding for the majority of non-consumable military equipment is anticipated to be sourced from the existing police budget.

Annual Military Equipment Use Report 2024
17 Training Costs

Calendar Year 2024 – Military Equipment Use Training Costs

The use of certain items of military equipment and related special tactics are perishable skills that require ongoing training to maintain proficiency. While the Department conducts constant training within its Training Division and within certain Specialized units (i.e. CNT, SWAT, Less-Lethal Cadre, etc) there is significant tactical insight and an enhanced skillset to be gained by participating in external training courses. These courses provide officers a curriculum and exercises designed to impart knowledge, skills, and enhanced capability. The courses attended by officers can vary year to year depending on operational need, trends, course and funding availability. Funding sources for training are sourced from the existing police budget State and Federal grants unless otherwise indicated.

The following are external training classes attended by Department members in 2024 and associated costs related to military equipment covered in the annual equipment report:

PepperBall Instructor/ Armorer Certification
Course Presenter: PepperBall
Course Content: This course certifies attendees as PepperBall instructors, allowing the attendee to design a course in a safe and effective use of the PepperBall system.

Cost: $549/officer (7 Officers - existing police budget)

Basic SWAT School
Course Presenter: Sacramento Police Department
Course Content: An 80-hour course designed to teach students the basics of being on a tactical unit.

Cost: $1272/officer (2 Officers - existing police budget)

Urban Sniper Response Tactics
Course Presenter: Bay Area Training and Exercise Program Course Content: This course prepares sniper teams for the challenges of conducting covert urban operations in their local environments.

Cost: $0 (4 Officers- Funded by Bay Area Urban Areas Security Initiative, BAUASI)

Less Lethal Instructor Course
Course Presenter: Southwestern Solutions
Course Content: This 30-hour Course focuses on teaching students the legal aspects, tools and techniques of mobile field force tactics.

Cost: $1200/Officer (1 Officer – existing police budget)

Drone Assessment and Response Tactics
Course Presenter: New Mexico Tech
Annual Military Equipment Use Report 2024
18 Course Content: This 24-hour Course provides training in the recognition and assessment of unmanned aircraft event for a potential threat.

Cost: $0/Officer (3 Officers- Funded by Department of Homeland Security)

MMBTH Breacher Certification
Course Presenter: Forced Entry Tactical Training
Course Content: This 40-hour Course encompasses the five most common breaching methods used in tactical fields: Manual, Mechanical, Ballistic, Thermal and Hydraulic.

Cost: $1585 (3 Officers – existing police budget)

Long Rifle Instructor
Course Presenter: Alameda County Sheriff’s Office
Course Content: This 40-hour Course trains students to provide long rifle training to their Officers.

Cost: $552 (1 Officer – existing police budget)

Explosive Handlers and Energetic Breaching Course
Course Presenter: Bay Area Training and Exercise Program Course Content: This course equips participants with the necessary knowledge and skills to handle explosives and conduct breach operations effectively.

Cost: $0 (4 Officers- Funded by Bay Area Urban Areas Security Initiative, BAUASI)

Chemical Agent Instructor Course
Course Presenter: Southwestern Solutions
Course Content: This course is POST approved to provide training in the use of kinetic energy projectiles and chemical agents in crowd control situations.

Cost: $1881 (4 Officers- Existing Police Budget)

Annual Military Equipment Use Report 2024
19 Department Transparency

Community Complaints/Concerns/Comments

In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that the Department address questions from community members regarding the application and use of military equipment.

The Santa Clara Police Department is committed to full and fair investigations of community member complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints.

Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Santa Clara Police Department.

The following is a summary of formal investigations, including officer-involved shootings and the use of military equipment from January 1, 2024, through December 31, 2024.

Complaints or Concerns:

The Santa Clara Police Department’s Professional Standards Unit conducted an inspection of all reported complaints and concerns from January 1, 2024, through December 31, 2024. The results of the inspection found zero (0) complaints or concerns related to the use of military equipment.

Officer-Involved Shootings (OIS):

There was one (1) OIS incidents that occurred involving the use of military equipment from January 1, 2024, through December 31, 2024.

In this incident an assault suspect armed himself with two kitchen knives when confronted by Officers. Despite multiple attempts to deescalate the situation, the suspect refused to comply and continued to approach Officers while armed. Multiple Officers deployed their Conducted Energy Devices (Commonly referred to as tasers), a 40mm rubber baton was also deployed but both forms of less lethal were ineffective and the subject continued to move towards Officers. At one point an Officer, armed with a rifle, fired a single round at the suspect. The round missed the suspect and at nearly the same time, another Officer was able to use his taser to effectively incapacitate the suspect.

Annual Military Equipment Use Report 2024
20 Response to Procedure Violations

California Assembly Bill 481, enacted California Government Code section 7072(a)(3), requires local law enforcement agencies to provide information regarding military equipment use procedure violations and responses to those violations. In accordance with the new law, the Santa Clara Police Department has actively tracked this information. From January 1, 2024, through December 31, 2024, there have been zero (0) reported violations of the military equipment use policy.

Responses:

Not applicable.

Annual Military Equipment Use Report 2024
21 Outreach and Community Engagement

The Santa Clara Police Department is committed to improving the trust and confidence between the Department and the community it serves. As the Department strives to enhance community relationships and continues to be a progressive leader amongst law enforcement agencies nationwide, we want to ensure the public has access to the way its Police Department operates and engages with the public.

The Santa Clara Police Department regularly utilizes select military equipment, including UAS, Armored Vehicles, the Mobile Incident Command and Crisis Negotiation Team Vehicles, during outreach and community events, as a means of public awareness, transparency, and education. Military equipment may also be displayed during community events as a means of providing a safe environment for the public to enjoy all the great amenities the City of Santa Clara has to offer. Additionally, the department has a robust web and social media presence for two-way engagement with followers.

The Police Department held a public meeting on January 27th, 2024 to give the community a chance to provide input related to the purchase and use of military equipment . The public meeting included the Chief’s Advisory Committee (CAC), a local civilian sounding board on issues, matters and public policies which influence or impact the ongoing relationship between law enforcement and the community SCPD serves.

Comments and suggestions from the public and the CAC members included the following:

- CAC members emphasized calling out the original purchase date of the majority of equipment.
- Members would like attention brought to majority of perishable purchases result from use through training (versus in the field).
- Recommendation that social media and events be utilized to highlight equipment designated as military with an emphasis on the way it is used in our community. - Highlight what items are being replaced due to expiration/end of life.

Some of these items are already addressed in this report. In an effort to respond to these public comments and questions, the report has been updated and modified with the requested information.

Annual Military Equipment Use Report 2024
22 Internal Audits

California Assembly Bill 481, requires local law enforcement agencies to include the results of any internal audits or inspections conducted and any responsive actions in its annual military equipment use report. When an audit is conducted, inspectors shall refer to the department’s military equipment use policy for established guidelines regarding funding, acquisition, or use of military equipment.

The duty of auditing the Santa Clara Police Department’s military equipment use has been assigned to the Department’s Special Operations Division. This unit has developed a tracking and auditing process to ensure compliance, consistency, accountability, and transparency as outlined in SCPD General Order 706 (Military Equipment) which states the following:

SCPD General Order 706.3 Military Equipment Coordinator states:

Compliance

The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Clara Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Annual Military Equipment Use Report 2024
23 Internal Audit Results

The Military Equipment Coordinator conducted one audit related to department approved military equipment use from January 1, 2024 through December 31, 2024.

The detail and results are listed below:

AUDIT – The military equipment coordinator completed an audit of all departmental military equipment, with the assistance of subject matter experts responsible for or assigned to the equipment. The scope of the inspection was to ensure operational readiness of the designated equipment assigned to officers and sergeants and compliance with AB 481.

FINDINGS – The results of the audit are included within this annual report.

Annual Military Equipment Use Report 2024
24 Summary of Military Equipment

The inventory of military equipment, particularly consumable material (diversionary devices, various munitions, explosive breaching tools, chemical agent, and smoke canisters, etc.) fluctuates regularly. Fluctuation is based on a variety of factors, including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Santa Clara Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Santa Clara Police Department.

(NOTE: The manufacturer descriptions and source photos contained within are referenced via publicly accessible website source citations unless otherwise stated. The website source citations utilized in this report are for equipment descriptive purposes only and are not an endorsement of a particular product or vendor by The City of Santa Clara or The Santa Clara Police Department. Additionally, the language used by the manufacturer to describe such equipment use is included in this report as required by California Government Code section 7070(d)(1), however, the descriptions may not align with the actual methods of use in accordance with Santa Clara Police Department Policy, as well as local, state, and federal law.)

Annual Military Equipment Use Report 2024
25 Unmanned Aircraft Systems (UAS)

Unmanned Aircraft Systems (UAS): An unmanned aircraft system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems designed for gathering information via photography, recording, or any other means.

Capability: The Santa Clara Police Department uses Unmanned Aircraft Systems (UAS) of varying sizes and capabilities to enhance public safety. The UAS can be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: major collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life- preservation missions, and in response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

The UAS are used in compliance with all federal, state, and local laws.

Usage: It is the policy of the Santa Clara Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to state and federal law. Additionally, only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 606 (Unmanned Aircraft Systems), FAA Regulation 14 CFR Part 107 Small Unmanned Aircraft Systems, the City of Santa Clara UAS policy, and Penal Code section 13652, initiated by California Assembly Bill 48. More information about the rules for public safety agencies can be found on the FAA website at https://www.faa.gov/uas/public_safety_gov/. The use of UAS is governed by federal, state, and local laws and regulations. The Federal Aviation Admiration (FAA) governs all aircraft rules and regulations, including those applicable to UAS, for flight within the US National Airspace.

Training Requirements: All department UAS operators are licensed by the Federal Aviation Administration for UAS operation after the completion of an 80-hour training course. In addition, each UAS operator must attend 40 hours of department training prior to the operational use of the UAS, followed by quarterly department UAS training.

Annual Military Equipment Use Report 2024
26 DJI Matrice 30T

Manufacturer: DJI

Manufacturer Description: The DJI Matrice 30T Combo w/ Care Enterprise is the DJI Enterprise flagship, weatherproof drone that fits in a backpack. It integrates multiple high- performance sensors into one single camera payload, is controlled with the DJI RC Plus Remote and runs on upgraded DJI Pilot 2 software, which significantly improves the flight experience. The powerful M30T offers the endurance and capability necessary for rugged professional use-cases. Additionally, its size makes it ideal for easy transportation and fast setup. The UAS also includes a 40mm 640x512 30fps thermal imaging camera.

DJI Mavic 2 Enterprise Advanced

Manufacturer: DJI

Manufacturer Description: Designed to capture accurate details, the Mavic 2 Enterprise Advanced is a highly versatile yet compact tool that features; high-resolution visual & thermal camera, 32x digital zoom, centimeter-level positioning, and RTK omnidirectional obstacle sensing.

QUANTITY
1 LIFESPAN
10 years

INITIAL COST
$13,999/unit

QUANTITY
4 LIFESPAN
10 years

INITIAL COST
$6,500/unit

Annual Military Equipment Use Report 2024
27 Sky Hero Loki Mk2

QUANTITY 4

LIFESPAN 3-5 years

INITIAL COST $9,500/per pair

Manufacturer: Sky Hero

Manufacturer Description: The Loki Mk2 is the most incredible indoor small tactical UAV system in the world, fully purpose built for close quarter, under roof, tactical scouting missions. Operating in congested and dark environment, its purpose is to place a microphone and a camera practically anywhere to collect critical life-saving intelligence of immediate threats ahead of a team. It enables reliable and rapid situational awareness for precise decision making, while maximizing the team’s safety.

Yuneec H520

QUANTITY 1

LIFESPAN 3-5 years

INITIAL COST No cost, included
with robot

Manufacturer: Yuneec

Manufacturer Description: The H520E/520 is designed with the inspection industry in mind with six-rotor systems that allow for stable, precise flight, long focal-length lenses that allow the sUAS to fly at greater distance from an object and data storage that may be shared instantly from the ST16S/E Ground Station or delivered directly in 4K/2K/HD video or 20 Mp still images.

Annual Military Equipment Use Report 2024
28 Robots

Robots: A machine that operates on the ground that is capable of being controlled remotely as well as all the supporting or attached systems designed for gathering information through photographs, recordings, or by other means.

Capability: Robots can be used to provide protection from suspected and known explosive hazards. They are also used in tactical support of special operations and can be used to gain visual/audio data, deliver a Crisis Negotiation Team phone, open doors, and clear buildings.

Usage: Only assigned operators who have completed the required training shall be authorized to operate the Transcend Tactical Robot. Use is established by the Special Response Team Commander and or Incident Commander.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 404 (Special Response Team). It is the policy of the Santa Clara Police Department to utilize a robot only for official law enforcement purposes pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Robot operators of the Transcend Tactical Robot shall receive department training in the safe handling of the robots and show competence in the operation of the equipment.

Annual Military Equipment Use Report 2024
29 Transcend Tactical Robot

QUANTITY 1
LIFESPAN 10-15 years
INITIAL COST $12,276/unit

Manufacturer: Transcend Robotics

Manufacturer Description: Double Patented Automatic Stair and Obstacle Climbing Chassis. No frustrating flipper controls: just move forward to climb stairs and obstacles.

Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. ~ 3 hours constant driving. ~ 12 hours monitoring / intermittent driving. ~ 2,500 ft. LOS / ~500 ft. NLOS. 100+ lb. payload. Zero degree turning radius. Turns on carpet. Drives over clothes. Two Way Audio (Push to Talk). Key Ignition. Easy Battery Swapping (Robot & Controller). (Description Source: https://www.transcendrobotics.com/)

Annual Military Equipment Use Report 2024
30 Armored Vehicles

Armored Vehicle: Commercially-produced, wheeled, armored personnel vehicle utilized for law enforcement purposes.

Capability: Armored vehicles are utilized in response to critical incidents to enhance officer and community safety, improve scene contamination and stabilization, and assist in resolving critical incidents.

Usage: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department policy and training.

Legal Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use). It is the policy of the Santa Clara Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Bearcat

Manufacturer: Lenco

Manufacturer Description: The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.
(Description Source: https://www.lencoarmor.com/model/bearcat-g2-police- government/)

QUANTITY 1
LIFESPAN 20 years
INITIAL COST $309,000/unit

Annual Military Equipment Use Report 2024
31 Mobile Incident Command Vehicle (MIC)

Mobile Incident Command Vehicle: A completely self-contained command post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to facilitate pre-planned or significant events, which require on-site planning and incident command personnel.

Capability: As a mobile base of operation, this vehicle contains specialized command, control and communications equipment which can be used during a critical incident, large events, natural disasters, and community events.

Usage: The MIC is to be utilized for planned or unplanned events. Only officers trained in the deployment and operations of the MIC, in a manner consistent with Department policy and training, are authorized to operate it.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use). It is the policy of the Santa Clara Police Department to use the MIC only for official law enforcement purposes, and in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Mobile Incident Command Vehicle (MIC)

Manufacturer: Freightliner M2

Manufacturer Description: The MIC is a Freightliner MT 45 vehicle with a custom-built chassis. Due to the vehicle’s custom features, an exact manufacturer’s description is unavailable. The company that custom-built the Freightliner went bankrupt in 2006. (Description Source unavailable due to customization)
QUANTITY 1

LIFESPAN

20 years (Expired)
INITIAL COST $162,000/unit
Annual Military Equipment Use Report 2024
32 Crisis Negotiation Team (CNT) Vehicle

Crisis Negotiation Team Vehicle: A completely self-contained command post designed to provide shelter, access to Department computers, and meeting rooms for extended events.

Capability: As a mobile base of operation, this vehicle contains specialized command and communications equipment which can be used during critical incident callouts where SWAT/CNT have been called.

Usage: The CNT vehicle may be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use) and shall be in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Crisis Negotiation Team (CNT) Vehicle

Manufacturer: 1993 International Model 3800

Manufacturer Description: Purchased by the City of Santa Clara for the Library Department for use as a Bookmobile in 1993 for $165013. The vehicle was reassigned to the SCPD in 2006 and retrofitted with and HNT package for a cost of $13291.The CNT Vehicle was custom built for the SCPD from an International Model 3800 chassis. (Description Source unavailable due to customization)

QUANTITY 1
LIFESPAN 20 years (expired)
INITIAL COST (APPROXIMATE) 165,013
Annual Military Equipment Use Report 2024
33 Crime Scene Investigation Team (CSI) Vehicle

Crime Scene Investigation Team Vehicle: A completely self-contained command post designed to provide shelter and access to Department computers for extended events.

Capability: As a mobile base of operation, this vehicle contains specialized command and communications equipment which can be used during critical incident callouts or major investigations.

Usage: The CSI vehicle may be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use) and shall be in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

Crime Scene Investigation Team (CSI) Vehicle

Manufacturer: 2018 Ford E450 Cutaway Custom

Manufacturer Description: The CSI Vehicle was custom built for the SCPD from a Ford E450 chassis.
(Description Source unavailable due to customization)

QUANTITY 1
LIFESPAN 20 years
INITIAL COST (APPROXIMATE) $186,714/unit
Annual Military Equipment Use Report 2024
34 40mm Launchers and Munitions

40mm Launchers: A single-shot weapon launcher capable of firing an array of 40mm rounds.

Capability: 40mm launchers can fire a variety of ammunition with a maximum effective range of one hundred thirty-one feet (131 feet).

Usage: The use of the 40mm may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is a principle of de-escalation. This system has additional uses which include but are not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and in civil unrest incidents, circumstances where a tactical advantage can be obtained, against potentially-vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force) and 303 (Control Devices and Techniques). It is the policy of the Santa Clara Police Department to utilize 40mm munitions only for official law enforcement purposes, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Sworn members utilizing 40mm less lethal chemical agent or impact rounds are trained in their use by P.O.S.T.-certified less lethal and chemical agent instructors.

Penn Arms 40mm Launcher (GL 1-40-C)

QUANTITY 22
LIFESPAN Unknown
INITIAL COST $1075

Manufacturer: Penn Arms

Manufacturer Description: A cerakoted 40mm single-shot break-open frame launcher with a rifled barrel, collapsible stock, and combo rail. Features include: Double-action trigger, trigger lock push button and hammer lock safeties. (Description Source: https://www.combinedsystems.com/product/l140-3cer-cerakoted- single-launcher-collapsible-stock-combo-rail/)

Annual Military Equipment Use Report 2024
35 Combined Tactical Systems 4557 - 40mm Foam Baton

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The Model 4557 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

CAUTION: Shots to the head, neck, thorax, heart, or spine can result in fatal or serious injury.
(Description Source: https://www.combinedsystems.com/product/4557-40mm-sponge- smokeless-spin-stabilized-4-long/)

QUANTITY 500
LIFESPAN 5 years
INITIAL COST $19/unit

Annual Military Equipment Use Report 2024
36 Chemical Agent and Smoke Canisters

Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

Capability: Chemical agent and smoke canisters have a vast variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to a micro-pulverized solid (powder), a liquid mist (fogger), a liquid or foam stream, burning pellets (smoke), pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has various indoor and outdoor capabilities and uses.

Chemical agents shall be used with caution and only by trained personnel.

Usage: Chemical agent and smoke canisters are used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to, self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 303.6 (Tear Gas Guidelines). It is the policy of the Santa Clara Police Department to utilize chemical agents only for official law enforcement purposes, in accordance with the department’s Use of Force Policy, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: SCPD Officers utilizing chemical agent and smoke canisters are certified by California POST less lethal and chemical agent instructors.

Annual Military Equipment Use Report 2024
37 Combined Tactical Systems 5230B (CS) Baffled Canister Grenade

Manufacturer: Combined Systems, Inc.

Manufacturer Description: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. (Description Source: https://www.combinedsystems.com/product/5230b-cs-baffled- canister-grenade-pyro-low-flame-potential-2/)

Combined Tactical Systems 9230-CS Jet-Lite Rubber Ball Grenade, Pyro

QUANTITY 25
LIFESPAN 5 years
INITIAL COST $29/unit

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically, for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. (Description Source https:/ /www.cmcgov.com/product/cts-outdoor-jet-lite-rubber-ball- cs/)

QUANTITY 50
LIFESPAN 5 years
INITIAL COST $36/unit

Annual Military Equipment Use Report 2024
38 Defense Technology Spede-Heat 40mm

QUANTITY 14
LIFESPAN 5 years
INITIAL COST $28/unit

Manufacturer: Defense Technology

Manufacturer Description: The Spede-Heat™ CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede-Heat family may be used to conceal tactical movement or to route a crowd.
(Description Source: https://www.defense-technology.com/)

Combined Tactical Systems 4330 - CS Liquid Barricade

QUANTITY 64
LIFESPAN 5 years
INITIAL COST $26/unit

Manufacturer: Combined Systems, Inc.

Manufacturer Description: Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.
(Description Source: https://www.combinedsystems.com/product/40mm-cs-liquid- barricade-spin-stabilized-4-8-long/)

(ml
SPEDE·HEA cs
Annual Military Equipment Use Report 2024
39 Combined Tactical Systems 6340 (OC) - Vapor Grenade

QUANTITY 10
LIFESPAN 5 years
INITIAL COST $36/unit

Manufacturer: Combined Systems, Inc.

Manufacturer Description: CTS 6340 – This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. (Description Source: https://www.combinedsystems.com/product/6340-oc-vapor- grenade/)

Defense Technology Fogger Aerosol (OC)

QUANTITY 10
LIFESPAN 5 years
INITIAL COST $18/unit

Manufacturer: Defense Technology

Manufacturer Description: The 6 oz. OC Aerosol Grenade will deliver a payload of

1.3% MC% OC in 20-25 seconds. This is an atomized mist which enhances the pungent

1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements. (Description Source: https://www.defense-technology.com/product/first-defense-7-mk-9- fogger-oc-aerosol/)

Annual Military Equipment Use Report 2024
40 Combined Tactical Systems LC5 Launching Cup

Combined Tactical Systems LC5 Launching Cup: A cup that attaches to the department’s Remington 870 12-gauge shotguns, which allows officers to launch canisters of chemical agents or smoke.

Capability: The Combined Tactical Systems LC5 Launching Cup is capable of being attached to the almost any 12-gauge shotgun.

Usage: The use of the Combined Tactical Systems LC5 Launching Cup may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is the principle of de-escalation. This system has additional uses which include but are not limited to self- destructive, dangerous, and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 300 (Use of Force). It is the policy of the Santa Clara Police Department to utilize this equipment only for official law enforcement purposes, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Officers utilizing the launching cups are trained by California P.O.S.T.-certified chemical agent instructors.

Annual Military Equipment Use Report 2024
41 Combined Tactical Systems LC5 Launching Cup

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun, and the munition launched with our model 2600 launching cartridge. These can be fired from most 12ga smooth bore shotguns.
(Description Source: https://www.combinedsystems.com/product/lc5-and-lc6-launching- cups/)

CTS 2600 and Deftech 1210 Launching Cartridges

Manufacturer: Combines Systems, Inc / Safariland

Manufacturer Description: These non-projectile 12GA “blank” launching cartridges allow SRT officers to safely launch chemical agent canisters with a launching cup- equipped, dedicated Remington 870 shotgun.
(Description Source: https://www.combinedsystems.com/product/lc5-and-lc6-launching- cups/)

QUANTITY 4
LIFESPAN No expiration
INITIAL COST $302/unit
QUANTITY 140
LIFESPAN No Expiration
INITIAL COST $5/unit
Annual Military Equipment Use Report 2024
42 Diversionary Devices

Diversionary Devices: Canisters that emit a loud noise and bright light that is used to distract dangerous persons.

Capability: A Diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, a diversionary device can cause short-term (6- 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Usage: Diversionary devices are used during training and tactical events when a diversion or distraction are believed to be an effective tool to bring an event to a safe resolution. Diversionary devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in high-risk (search/arrest) warrant services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in General Order 303.10 (Noise Flash Diversionary Devices). It is the policy of the Santa Clara Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Prior to using this equipment, officers must attend diversionary device training that is conducted by California POST certified instructors.

Annual Military Equipment Use Report 2024
43 Combined Tactical Systems, 7290-5 Flash-Bang

Manufacturer: Combined Systems, Inc.

Manufacturer Description: 7290-5 – The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.
(Description Source: https://www.combinedsystems.com/product/7290-5-flash-bang- aluminum-body-5-bang/)

Combined Tactical Systems, 7290M Mini Flash-Bang

Manufacture: Combined Systems, Inc.

Manufacture Description: The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 180db output of the 7290 and produces 6-8 million candela of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.
(Description Source: https://www.combinedsystems.com/product/7290m-mini-bang- steel-body- priced-individually-must-order-in-quantities-of-12/)

QUANTITY 9

LIFESPAN N/A
INITIAL COST $107/unit
QUANTITY 105

LIFESPAN N/A
INITIAL COST $38/unit

Annual Military Equipment Use Report 2024
44 Combined Tactical Systems, CS 9593 Sting Ball Grenade

QUANTITY 11

LIFESPAN N/A
INITIAL COST $40/unit

Manufacturer: Combined Systems, Inc.

Manufacturer Description: 9593 – Multi-effect grenades with a loud blast, bright flash, and dispersion of stinging .31 caliber pellets. Can also be configured to dispense an instantaneous cloud of irritant powder.
(Description Source: https://www.combinedsystems.com/product/9593-cs-sting-ball- grenade- approx-105-rubber-balls/)

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Annual Military Equipment Use Report 2024
45 Rifles and Munitions

Rifles: The rifle is a gun that is fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Capability: The rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor. However, rifles are not appropriate for every situation.

Usage: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in General Order 300 (Use of Force) and (Firearms). It is the policy of the Santa Clara Police Department to utilize rifles only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification four times per year.

The Department currently possesses the following rifles:

Annual Military Equipment Use Report 2024
46 Colt (AR-15 / M4) Rifle .223/5.56 caliber

Manufacturer: Colt

Manufacturer Description: Throughout the world today, Colt's reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission.

Colt's LE6920 series shares many features of its combat-proven brother, the Colt M4. (Description Source: https://www.colt.com/detail-page/colt-le6920- carbine-223556-161-301-pmag-mbus-4-pos-stk-blk)

JP (LRP-07 Rifle) .308 caliber

Manufacturer: JP

Manufacturer Description: The LRP-07™ was designed as a .308 platform to cure the shortcomings of existing rifles and still handle like an AR-15. Machined from billet with all the attention to cosmetic perfection that appears in our CTR/SCR design, this rifle utilizes a self-folding, left-side charging handle that affords additional leverage and makes it unnecessary to dismount the rifle to charge or clear it. The felt recoil impulse on the LRP-07™ is also nothing short of amazing as it was designed from the magazine well up to use our Low Mass Operating System (LMOS™). Equipped with the MK III Hand Guard System, the LRP utilizes our standard 2" diameter tube (rather than the larger tubes common to .308 platforms) surrounding a JP Supermatch™ barrel available in lengths from 16" to 22".
(Description Source https://www.jprifles.com/1.2.5_LRP07.php)

QUANTITY 118

LIFESPAN N/A
INITIAL COST $1,175/unit
QUANTITY 4

LIFESPAN N/A
INITIAL COST $3,569/unit

Annual Military Equipment Use Report 2024
47 Spartan (Defiance Ruckus) Rifle .338 caliber

QUANTITY 2

LIFESPAN N/A
INITIAL COST $4,400/unit

Manufacturer: Spartan

Manufacturer Description: Unable to find manufacturer description.

Remington 700 .308 caliber

QUANTITY 1

LIFESPAN N/A
INITIAL COST $3,999/unit

Manufacturer: Remington

Manufacturer Description: Remington engineers are taking the strength and precision of the Model 700 action to new levels of hair-splitting accuracy with the latest additions to our tactical lineup. Introducing the Remington Model 700 Magpul Enhanced. It's Magpul Hunter stock with Magpul M-Lok mount serves as a rock-solid base for your best long-range performance yet. It's 20" heavy barrel with 5R rifling, delivers added stability and precision, and comes with a threaded muzzle and protector for ease in adding a suppressor.
(Description Source: https://www.remarms.com/rifles/bolt-action/model-700/)

Annual Military Equipment Use Report 2024
48 Desert Tech (SRS-A1) .338

QUANTITY 2

LIFESPAN N/A
INITIAL COST $3,849/unit

Manufacturer: Desert Tech

Manufacturer Description: The Desert Tech SRS-A1 is the pinnacle of a long-range precision in a compact design, using aircraft grade materials to minimize its size and weight. The A1 brought some much need enhancements to its predecessor, the SRS (Stealth Recon Scout). Namely, a user configurable picatinny rail sections in the forearm, an adjustable cheek rest, and a more durable and reliable bolt. It also uses a new type of polymer that increases its strength by more than 150% while maintaining the same weight. The Desert Tech SRS-A1 maintains a ½ MOA accuracy or better with its use of a match grade barrels and triggers. The Barrels are 100% free-floating, meticulous machining of chambers and crowns, and rock solid return-to-zero barrel mounting system. The SRS-A1 is the shortest sniper rifle in the world because it uses a telescoping bolt and bullpup configuration. This combination makes it nearly a foot shorter than other conventional sniper rifles.
(Description Source: https://www.bisontactical.com/desert-tech-srs-a1/)

Annual Military Equipment Use Report 2024
49 Hornady .223 Remington, 75 grain, Tap Ammunition

QUANTITY 57,400

LIFESPAN N/A
INITIAL COST $160/case of 200

Manufacturer: Hornady

Manufacturer Description: This match accurate load is our heavy TAP® offering in 223 Rem. This load is suitable for a short barreled rifle that has either a 223 Rem or

5.56 NATO chamber. The 75 gr. bullet offers deeper penetration than the 55 gr. and 60 gr. TAP Urban® bullets. The 75 gr. BTHP penetrates with minimal deflection and provides rapid fragmentation, thus delivering more energy to the target. This bullet generates very large and consistent wound cavities, serving as an ideal choice for 223 Rem precision rifle applications.
(Description Source: https://www.hornadyle.com/rifle-ammunition/75-gr-bthp-tap#!/)

Hornady .223 Remington, 55 grain, Full Metal Jacket Tap Ammunition

QUANTITY 56,000

LIFESPAN N/A
INITIAL COST $200/case of 500

Manufacturer: Hornady

Manufacturer Description: Hornady® 223 Rem Training™ ammunition compliments the current TAP® duty rounds by delivering comparable, yet economical ammunition for law enforcement training. Utilizing efficient production processes and quality brass or steel cases, Hornady® Training™ ammunition delivers reliable functioning, accuracy, and point of aim / point of impact consistency when compared to comparable duty rounds.
(Description Source: https://www.hornadyle.com/rifle-ammunition/55-gr-fmj-bt- training#!/)

Annual Military Equipment Use Report 2024
50 Federal Lake City, 5.56x45MM Green Tip, 62 grain

QUANTITY 1,000

LIFESPAN N/A
INITIAL COST $195/case of 600

Manufacturer: Federal

Manufacturer Description: The 62 grain Green tip Penetrator 5.56mm ammo features a 62 grain steel core full metal jacket bullet, brand new never fired virgin brass casing that is annealed for lower expansion purposes and has a non-corrosive primer.

Currently used by the United States military, this is the best 5.56mm ammunition on the market. Federal Lake City XM855 ammo can be used for target & practice shooting, sport shooting, small-game hunting, law enforcement and etc. This Federal 5.56mm ammo load is packaged in a new production ammo can of 800 rounds perfect for long term shelf life. Federal Lake City 5.56mm Green Tip ammo offers a muzzle velocity of 3104 feet per second and a muzzle energy of 1326 ft lbs. Federal XM855 5.56mm NATO ammunition is loaded to Military specification at the Lake City facility. This particular load uses the XM855 bullet which is a 62 grain Green Tip Steel Penetrator.

The finished rounds consist of sealed primers which is ideal for long term storage and moisture protection.
(Description Source: https://federalammunitionsusa.com/federal-lake-city-5-56x45mm- nato-xm855-ammo-62-grain-fmj-green-tip-800-rounds/)

Annual Military Equipment Use Report 2024
51 Hornady .308 WIN, 168 grain, ELD Match Tap Precision cartridge

QUANTITY 7,800

LIFESPAN N/A
INITIAL COST $252/case of 200

Manufacturer: Hornady

Manufacturer Description: We carefully select every component to ensure uniformity, then load to exacting specifications to provide pinpoint accuracy. Each cartridge is loaded with either Hornady® A-MAX® bullets, our high-performance boattail hollow points, or the new, radically superior ELD® Match bullets. Stringent quality control ensures proper bullet seating, consistent charges and pressures, optimal velocity, consistent overall length, and repeatable accuracy.
(Description Source: https://www.hornady.com/ammunition/rifle/308-win-168-gr-bthp- match#!/)

Hornady .308 WIN, 110 grain, Tap Urban cartridge

QUANTITY 3,500

LIFESPAN N/A
INITIAL COST $252/case of 600

Manufacturer: Hornady

Manufacturer Description: This cartridge provides the police marksman a unique bullet that demonstrates rapid expansion, fragmentation, and low retained weight. The 110 gr. TAP Urban® bullet offers the least penetration in ballistic gelatin and lower felt recoil as compared to heavier TAP® loads. The 110 gr. bullet demonstrates similar penetration to the 223 Rem 75 gr. BTHP bullet, but with substantially more temporary and permanent cavity and fragmentation, proving itself an excellent choice for high collateral risk environments.
(Description Source: https://www.hornadyle.com/rifle-ammunition/110-gr-tap-urban#!/)

Annual Military Equipment Use Report 2024
52 Ruag .308 WIN, 164 grain, Tactical cartridge

QUANTITY 500

LIFESPAN N/A
INITIAL COST $907/case of 300

Manufacturer: Ruag

Manufacturer Description: The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164 grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit.
(Description Source: SCPD Range Master)

Ruag .308 WIN, 196 grain, Armor Piercing cartridge

QUANTITY 260

LIFESPAN N/A
INITIAL COST $962/case of 200

Manufacturer: Ruag

Manufacturer Description: The RUAG .308 WIN., 196 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 196 grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. (Description Source: SCPD Range Master)

Annual Military Equipment Use Report 2024
53 Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge

QUANTITY 600

LIFESPAN N/A
INITIAL COST $555/case of 120

Manufacturer: Hornady

Manufacturer Description: The Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge, is ammunition deployed during potential lethal encounters at longer distances.

The 285 grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target.
(Description Source: SCPD Range Master)

Ruag .338 Lapua Magnum, 247 grain, Styx Action cartridge

QUANTITY 800

LIFESPAN N/A
INITIAL COST $647/case of 200

Manufacturer: Ruag

Manufacturer Description: The RUAG .338 Lapua Magnum, 247 grain, Styx Action cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 247 grain Styx Action cartridge offers a unique projectile that allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation. (Description Source: SCPD Range Master)

Annual Military Equipment Use Report 2024
54 Ruag .338 Lapua Magnum, 250 grain, Tactical cartridge

QUANTITY 200

LIFESPAN N/A
INITIAL COST $818/case of 300

Manufacturer: Ruag

Manufacturer Description: The RUAG .338 Lapua Magnum, 250 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 250-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit.
(Description Source: SCPD Range Master)

Ruag .338 Lapua Magnum, 260 grain, Armor Piercing cartridge

QUANTITY 40

LIFESPAN N/A
INITIAL COST $1,296/case of 200

Manufacturer: Ruag

Manufacturer Description: The RUAG .338 Lapua Magnum, 260 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 260 grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. (Description Source: SCPD Range Master)

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Annual Military Equipment Use Report 2024
55 Explosive Breaching Tools

Explosive Breaching Tools: Tools that are used to conduct an explosive breach.

Capability: Explosive breaching tools have a variety of individual capabilities. The listed tools are utilized by SWAT operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges.

Usage: The listed equipment is used by SWAT operators to safely gain entry into a structure during high-risk operations.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force), and 404 (Special Response Team). It is the policy of the SCPD to utilize breaching tools only for official law enforcement purposes, and pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must receive quarterly training for explosive operations.

Detonating Cord – Primacord 25 grain

QUANTITY 2 lbs
LIFESPAN 5 years
INITIAL COST $350

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD detonating cords are flexible linear explosives with a core of PETN explosive encased in a textile outer jacket.

PRIMACORD detonating cords are designed for use as trunklines and/or downlines in various mining, quarrying and construction applications. (Description Source:
https://www.dynonobel.com/~/media/Files/Dyno/ResourceHub/Technical%20Informatio n/North%20America/Initiation%20Systems/Detonating%20Cord/Primacord.pdf)

Annual Military Equipment Use Report 2024
56 Nonel Starters

QUANTITY 111
LIFESPAN 10 years
INITIAL COST Included with det. cord

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: NONEL STARTER is a nonelectric detonator consisting of a spooled length of yellow shock tube with a Standard (#8) detonator attached to one end and the other end sealed. The detonator is housed in a plastic bunch block which facilitates easy connection to both shock tube and detonating cord. NONEL STARTER is designed to provide controlled, nonelectric initiation of surface and underground blast rounds.

Detonating Cord – Primacord 50 grain

QUANTITY 1 Roll and 1 Partial Roll
LIFESPAN 5 years
INITIAL COST $5,168

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD detonating cords are flexible linear explosives with a core of PETN explosive encased in a textile outer jacket.

PRIMACORD detonating cords are designed for use as trunklines and/or downlines in various mining, quarrying and construction applications. (Description Source:
https://www.dynonobel.com/~/media/Files/Dyno/ResourceHub/Technical%20Informatio n/North%20America/Initiation%20Systems/Detonating%20Cord/Primacord.pdf)

Annual Military Equipment Use Report 2024
57 C2 Primasheet

QUANTITY 8.8 lbs
LIFESPAN 5 years
INITIAL COST $1,183

Manufacturer: Ensign-Bickford Aerospace & Defense

Manufacturer Description: PRIMASHEET® Flexible Sheet Explosive has been developed to meet your breaching and demolition needs. We manufacture PRIMASHEET® 1000 (DETASHEET® Flexible Explosive), a PETN based sheet explosive, and Primasheet® 2000, an RDX based sheet explosive. PRIMASHEET® 2000 is equally as powerful as a C-4 explosive but, because of its consistent performance and properties, blast damage can be minimized by exact cutting of the sheet.
(Description Source: https://www.ebad.com/primasheet-sheet-explosive/)

Explosive Charges

QUANTITY 20
LIFESPAN 5 years
INITIAL COST Included above

Manufacturer: SCPD Breaching Cadre

Manufacturer Description: Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the SRT breaching cadre. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training.
(Description Source: SCPD Lead Breacher)

Annual Military Equipment Use Report 2024
58 PepperBall Launcher and Munitions

PepperBall Launcher: A device that discharges PAVA powder projectiles.

Capability: A PepperBall Launcher can quickly and accurately deploy small, non-lethal projectiles (“Pepper Balls”) from an effective distance of 150 feet, that produce a chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure.

Usage: PepperBall equipment is used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force) and 303.7.2 (Pepperball Projectile Systems). It is the policy of the SCPD to utilize PepperBall Launchers only for official law enforcement purposes, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: SCPD officers utilizing PepperBall launchers and projectiles are trained in their use by California POST certified less lethal and chemical agent instructors.

Annual Military Equipment Use Report 2024
59 PepperBall Launcher

QUANTITY 15
LIFESPAN 20 years
INITIAL COST $499/unit

Manufacturer: PepperBall

Manufacturer Description: The heart of the PepperBall system is the projectile and the UTS team of engineers, designers, scientists, and craftsmen have spent decades developing the precision PepperBall launchers, proprietary powder formulas, shells, and automation manufacturing equipment. This work continues today to ensure that officers can control crowds, disable assailants, and accomplish their missions while minimizing the risk of death or serious injury to the public and law enforcement officers. (Description Source: https://pepperball.com/about/)

PepperBall Munitions (INERT)

QUANTITY 3,375
LIFESPAN 3 years
INITIAL COST $2,400

Manufacturer: PepperBall

Manufacturer Description: Containing a harmless, scented powder, the VXR INERT projectile offers greater distance and accuracy when compared to a standard round ball projectile. Best suited for training and direct impact when chemical exposure is not desired.
(Description Source: https://pepperball.com/projectiles/vxr-inert/)

Annual Military Equipment Use Report 2024
60 PepperBall Munitions (LIVE-X)

QUANTITY 5,625
LIFESPAN 3 years
INITIAL COST $4,492

Manufacturer: PepperBall

Manufacturer Description: A powerful concentration of 5% PAVA pepper powder. One round of PepperBall® LIVE-X™ contains the equivalent PAVA irritant organic agent in

2.5 classic PepperBall LIVE™ rounds. Excellent for direct impact, area saturation and crowd control.
(Description Source: https://pepperball.com/projectiles/pepperball-live-x/)

Annual Military Equipment Use Report 2024
61 PepperBall Munitions (LIVE-MAXX)

QUANTITY 270
LIFESPAN 3 years
INITIAL COST $648

Manufacturer: PepperBall

Manufacturer Description: Our most potent and powerful projectile, PepperBall® LIVE-MAXX™ is formulated with MAXSAICIN™, a new proprietary process that produces powder with more airborne PAVA. PepperBall LIVE-MAXX has 50% more bio- availability than our standard PAVA powders.
(Description Source: https://pepperball.com/projectiles/live-maxx/)

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INEMAXX
Annual Military Equipment Use Report 2024
62 Conclusion

The acquisition and use of military equipment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. When making decisions regarding how military equipment is funded, acquired, or used, the Santa Clara Police Department considers the public’s welfare, safety, civil rights, and civil liberties.

In a continued effort for greater transparency, the Santa Clara Police Department places high regard to meaningful public input in the use of military equipment in our community, in an effort to increase the safety of the public. Further details regarding AB 481 can be found here:

https://www.santaclaraca.gov/our-city/departments-g-z/police- department/community/assembly-bill-481-military-equipment-funding-acquisition-and- use-policy

Any member of the public can submit a compliment, inquiry or complaint to any member of the Department and in any form (i.e., in person, telephone, email, online form or hard copy form in various languages, etc.). Details on how to make a Citizen’s Commendation, Inquiry or Complaint, the investigative process and corresponding forms are available online at https://www.santaclaraca.gov/our-city/departments-g- z/police-department/about-us/commendations-inquiries-or-complaints

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-145 Agenda Date: 3/11/2025

REPORT TO COUNCIL

SUBJECT
Action on Reappointment of Board and Commission Members, Declaring Commissioner Vacancies, and Setting Dates for Recruitment and Interviews

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Board, Commission and Committee members are generally appointed to a four-year term (full term) and may serve a maximum of two consecutive full terms. In the case where an existing member is eligible for another term, past City practice has been for staff to contact those existing members and inquire if the there is an interest to be considered for re-appointment to serve another term. The Council then takes formal action to reappoint those existing members who indicate an interest to serve a second term. If an individual is appointed to fill a partial term, he or she may serve an additional two full terms. Full terms are effective July 1st of the appointing year and expire on June 30 th of the fourth year.

DISCUSSION
Staff has continued with the past practice of reaching out to the incumbents eligible for reappointment and inquiring if there is an interest to continue to serve another term. Regular attendance is one of the requirements to serve on a Board or Commission, staff has attached an attendance roster (Attachment 1) of all Boards and Commissions for Council’s review.

The terms for the following commissioners will expire on June 30, 2025; staff has reached out to all eligible incumbents and those who wished to be considered for reappointment to serve another term ending June 30, 2029, are listed below:

Bicycle and Pedestrian Advisory Commission (1) Guillermo Jenaro Board of Library Trustees (1) Jonathon Evans
Civil Service Commission (1) Wesley Dudzinski
Cultural Commission (1) Neetu Garg
Historical and Landmarks Commission (2) Kathleen Romano Ed Stocks
Planning Commission (1) Qian Huang
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25-145 Agenda Date: 3/11/2025
Bicycle and Pedestrian Advisory Committee (BPAC) Update There a are two committee members on the BPAC that will term out on June 30, 2025, which are not eligible for reappointment. These members were previously appointed by the former BPAC process and not by the City Council. On December 14, 2021, the council approved to modify the way the BPAC members are interviewed and appointed. If these members want to serve on the committee, they may apply and go through the process.

Resignations
· The Bicycle and Pedestrian Advisory Committee (BPAC) received a resignation on September 5, 2024, creating a vacancy for a partial term ending June 30, 2027. · The Cultural Commission received a resignation on December 2, 2024, creating a vacancy for a partial term ending June 20, 2028
· The Senior Advisory Commission received five resignations: (1) November 18, 2024, (2) January 1, 2025, (3) January 14, 2025, and (4) February 24, 2025, and (5) February 26, 2025.

Creating five vacancies for the following terms: (1) three partial terms ending June 30, 2026, (2) one partial term ending June 30, 2027; and (3) one partial term ending June 30, 2028.

Commissioners Not Seeking Reappointment
The following three commissioners are not seeking reappointment:
· Cultural Commissioner Jonathan Marinaro
· Historical and Landmarks Commissioner Amy Kirby
· Parks and Recreation Commissioner Sajid Hai
Creating a vacancy for three full terms ending June 30, 2029 Due to the above vacancies, staff recommends that the Council declare vacancies for twelve (12) positions and fill the following terms:
· One partial term ending on June 30, 2027, and two full terms each ending June 30, 2029, on the BPAC;
· One partial term ending on June 30, 2028, and One full term ending June 30, 2029, on the Cultural Commission;
· One full term ending June 30, 2029, on the Historical and Landmarks Commission; · One full term ending June 30, 2029, on the Parks and Recreation Commission; · Three partial terms ending June 30, 2026, one partial term ending June 30, 2027, and one partial term ending June 30, 2028, on the Senior Advisory Commission.

Staff also recommends that City Council set the recruitment for vacant positions to begin on March 14, 2025, with an application deadline of Friday, April 25, 2025, by 5:00 p.m.; and set May 20, 2025, as the tentative date to conduct interviews.

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25-145 Agenda Date: 3/11/2025
Staff will bring forward Special Orders of Business to recognize outgoing commissioners at a future Council meeting.

In addition, the city is in the process of forming the Citizens Oversight Committee (COC) for Measure I, the City’s Public Facilities and Infrastructure Bond Measure, which was passed this past November.

The COC is tasked with ensuring that Measure I bond-funded projects are implemented in accordance with the Bond measure requirements and the adopted expenditure plan. The COC will also be responsible for reviewing and reporting on annual audits and reviewing and providing recommendations to the City Council on any proposed amendment to the Expenditure Plan. The COC will be comprised of 9 members, which will include seven residents, one large business representative, and one small business representative. The application for the COC will be available mid-March, and staff will conduct an active outreach and recruitment process for the committee. An update on Measure I Bond Measure activities will be provided at the April 8, 2025, City Council meeting.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no additional cost to the city other than administrative staff time and expense.

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

RECOMMENDATION

1. Reappoint the seven (7) eligible members to serve a four-year term each ending June 30, 2029 as follows: (1) Guillermo Jenaro to the Bicycle and Pedestrian Advisory; (2) Jonathon Evans to the Board of Library Trustees; (3) Wesley Dudzinski to the Civil Service Commission; (4) Neetu Garg to the Cultural Commission; (5) Kathleen Romano and Ed Stocks to the Historical and Landmarks Commission; and (6) Qian Huang to the Planning Commission;

2. Declare 12 vacancies to fill the following terms: (1) One partial term ending on June 30, 2027 and two full terms each ending June 30, 2029, on the BPAC; (2) One partial term ending on June 30, 2028 and One full term ending June 30, 2029 on the Cultural Commission; (3) One full term ending June 30, 2029 on the Historical and Landmarks Commission; (4) One full term ending June 30, 2029 on the Parks and Recreation Commission; (5) Three partial terms ending June 30, 2026, One partial term ending June 30, 2027 and One partial term ending June 30, 2028 on the Senior Advisory Commission;

3. Set the recruitment to open on Friday, March 14, 2025;

4. Set Friday, April 25, 2025, by 5:00 p.m. as the application deadline; and

5. Set Tuesday, May 20, 2025, tentatively, to conduct interviews.

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25-145 Agenda Date: 3/11/2025
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Jovan D. Grogan, City Manager

ATTACHMENT

1. Board/Commissions Attendance Roster 2024-2025
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Board, Commissions and Committee Attendance Roster
Current roster reflects attendance from February 2024- February 2025

Bicycle and Pedestrian Advisory Committee Attendance

First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2024/2025
Bruce Donoghue 06/30/2025 N/A 6/17/24 - Unexcused
8/26/24 – Excused
1/27/25 - Excused
Sukrit Ganesh 06/30/2025 N/A 10/28/24 - Unexcused
Guillermo Jenaro 06/30/2025 Yes 6/17/24 – Excused
10/28/24 - Excused
VACANT 06/30/2027
Ken Kratz 06/30/2027 Yes None
Hung Duong 06/30/2027 Yes None
Betsy Megas 06/30/2028 Yes None
Perry Penvenne 06/30/2028 Yes None

Board of Library Trustees

First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2024/2025
Jonathan Evans 06/30/2025 Yes 8/5/24 excused
Debbie Tryforos 06/30/2026 No 3/3/25 excused
Stephen Ricossa 06/30/2027 No None
Daniel Huynh 06/30/2028 Yes None
Salim Mohammed 06/30/2028 Yes 12/2/24 excused

Civil Service Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2024/2025
Wesley Dudzinski 06/30/2025 Yes 2/8/24 Excused
5/9/24 Excused
Franklin Felizardo 06/30/2026 No 4/11/24 Excused
8/8/24 Excused
10/10/24 Excused
Ron Billingsley 06/30/2027 Yes 4/11/24 Excused
Arti Purohit 06/30/2027 Yes 6/13/24 Excused
1/22/25 Excused
2/13/25 Excused
Samuel Pumarejo 06/30/2028 Yes None

Cultural Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting Absences
2024/2025
Neetu Garg 06/30/2025 Yes 2/25/25 Excused
Jonathan Marinaro 06/30/2025 Yes None
Louis Samara 06/30/2026 No 1/25/25 Excused
Debra Von Huene 06/30/2027 No None
Abinas Roy 06/30/2027 Yes 10/24/24 Excused
Candida A. Diaz 06/30/2028 No None
VACANT 06/30/2028

Historical and Landmarks Commission

First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2024/2025
Amy Kirby 06/30/2025 Yes 5/2/24 Excused
Kathleen Romano 06/30/2025 Yes 4/4/2024 Excused
Ed Stocks 06/30/2025 Yes 10/3/2024 Excused
Michael Celso 06/30/2026 No None
Ana Vargas-Smith 06/30/2026 No 10/3/2024 Excused
Yvonne Inciarte 06/30/2027 Yes 2/1/2024 Excused
5/2/24 Excused
Patricia Leung 06/30/2027 Yes None

Parks and Recreation Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2024/2025
Sajid Hai 06/30/2025 Yes 6/18/2024 Excused
Maureen Riley Chu 06/30/2026 Yes None
Brittany Ricketts 06/30/2026 Yes 3/19/2024 Excused
5/21/2024 Excused
8/12/2024 Unexcused
1/13/2025 Unexcused
2/10/2025 Unexcused
Eversley Forte 06/30/2027 No None
Vikas Gupta 06/30/2027 Yes None
Dana Caldwell 06/30/2028 Yes 4/16/2024 Excused
7/08/2024 Excused
11/18/2024 Excused
Derek DeMarco 06/30/2028 Yes None
Planning Commission Attendance
First Name Last Name Term Ending
Elig. for
Reappoint. at
end of term
Regular Meeting
Absences 2024/2025
Qian Huang 06/30/2025 Yes 3/6/24 Excused
8/21/24 Excused
Nancy Biagini 06/30/2026 Yes 8/21/24 Excused
9/11/24 Excused
Mario Bouza 06/30/2026 Yes None
Yashraj Bhatnagar 06/30/2027 Yes 10/9/24 Excused
1/15/25 Excused
Priya Cherukuru 06/30/2027 No 11/6/24 Excused
2/19/25 Excused
Eric Crutchlow 06/30/2028 Yes 3/6/24 Excused
Lance Saleme 06/30/2028 No None

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-287 Agenda Date: 3/11/2025

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Manager’s Request to Execute an Event Services Agreement with Fanatics Retail Group Concessions, LLC for Merchandise Concession Services for Non-NFL Events

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

BACKGROUND
As the Stadium Manager of Levi’s Stadium, the Forty Niners Stadium Management Company LLC (the “Stadium Manager”) is responsible for maintaining and operating the stadium as a premier NFL venue and a multi-purpose facility for public sports, entertainment, and events. The Stadium Manager also manages Non-NFL Events on behalf of the Santa Clara Stadium Authority (Stadium Authority).

This role is defined by the Stadium Management Agreement between the Stadium Authority, Forty Niners SC Stadium Company LLC (StadCo), and the Stadium Manager.

Merchandise concession services refer to the sale and distribution of team apparel, souvenirs, and other merchandise at a venue. These services include managing in-stadium retail stores, mobile kiosks, and online sales, ensuring fans have access to official team and event-related merchandise.

At Levi’s Stadium, Fanatics Retail Group Concessions, LLC (Fanatics) serves as the merchandise concessionaire at Team Stores for NFL events. The Stadium Manager seeks to formalize a business arrangement with Fanatics for Non-NFL Events at Levi’s® Stadium through the proposed Event Services Agreement (ESA) (see Attachment 1), dated April 1, 2025, which memorializes the terms under which Fanatics will operate outside of the Stadium’s Team Stores (e.g., pop-up stores in the concourses) during Non-NFL Events.

Under current Non-NFL Event protocols that are performed on an ad-hoc basis, Fanatics passes through all expenses accrued in the provision of services without any direct tie-ins to gross profits realized as part of merchandise sales to the Non-NFL Event promoter. The new terms under the ESA will incentivize Fanatics to limit its expenses by tying the concessionaire fee directly to gross profits from sales. This will also ensure Fanatics is using its best efforts to maximize gross profits since its fee will be directly correlated to profits accrued.

Fanatics currently operates within Levi’s® Stadium and has experience managing merchandise concession services for Non-NFL Events, with established building access and a dedicated secure space for merchandise storage within Tenant Exclusive Space, which is operated and maintained by Stadium Manager. Its presence provides Fanatics an understanding of stadium operations, including goods loading at the dock, security protocols, internal transport routes, and staging areas. These logistical advantages for Non-NFL Events eliminates the need for repeated setup and mobilization, City of Santa Clara Printed on 3/7/2025Page 1 of 5
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which reduces operational costs, minimizes environmental impact, and enhances overall efficiency in merchandise concession services execution.

DISCUSSION
The Stadium Manager is requesting to enter into an Event Services Agreement (ESA) with Fanatics to manage merchandise concession services outside the traditional Team Store environment during Non-NFL events.

Staff conducted an analysis of the benefits of Stadium Manager’s request to enter into an ESA, the procurement process, the revenue model for merchandise concession services, the Stadium Manager’s negotiation process, and the key terms of the ESA. Below are the key summary points of the analysis:

Key benefits to the ESA:
· Expanded Sales Opportunities
The arrangement provides promoters with greater flexibility by enabling multiple sales points throughout the concourses, rather than being confined to a few Team Store locations. By allowing merchandise to be sold at various concourse locations, this increases overall revenue potential for the Stadium Authority without disrupting the established Team Store operations. · Flexible Operational Structure
Promoters can choose between buyout options or revenue-sharing arrangements, ensuring that they can operate in a way that best suits their logistical and financial needs. · Cost Management and Efficiency
The framework is designed to prevent unnecessary subcontracting costs by ensuring that Fanatics bears its direct operating costs, thereby protecting the economics of the Stadium’s merchandise sales.

Procurement Process:

The services were not publicly competed due to a sole source justification. Fanatics offers unique and specialized services that align with the operational and logistical needs of Levi’s® Stadium. Its existing presence at the Stadium for NFL Events provides a logistical advantage by reducing mobilization costs and environmental impacts and maintaining consistency in operations for Non-NFL events. The highly specialized nature of large-scale merchandise concessions further limits the pool of viable vendors, and Fanatics has a proven track record at Levi’s® Stadium.

Fanatics competes with several companies across different segments of the sports merchandise, collectibles, and betting industries, but these competitors do not provide the full suite of services required to efficiently operate merchandise concession services for Non-NFL events at Levi’s® Stadium, which includes full-service merchandise back-office support, customer service, inventory control, marketing and branding customization, and point of sale (POS) integration. Fanatics also has a unique competitive advantage due to its direct partnerships with major leagues (e.g., NFL, NBA, MLB, and NHL) and its vertical integration model. Fanatics’ main competitors are as follows:
· Sports Merchandise & Apparel
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o Nike - Major supplier of official team jerseys and apparel. o Adidas - Competes in licensed sportswear and footwear. o Under Armour - Offers team apparel and performance gear. o Lids - Sells licensed sports headwear and apparel.
o Mitchell & Ness - Specializes in nostalgic and throwback jerseys. · Sports Collectibles & Trading Cards
o Panini America - Produces trading cards and sports memorabilia. o Topps (Owned by Fanatics but still competes with other brands). o Upper Deck - Major competitor in premium trading cards and memorabilia. · Sports Betting & Gaming
o DraftKings - Online sportsbook and daily fantasy sports competitor. o FanDuel - Major player in sports betting and fantasy sports. o BetMGM - Sportsbook and gaming rival.
o Caesars Sportsbook - Competes in the sports betting space. · E-commerce & Retail
o Amazon - Sells licensed sports gear and collectibles. o eBay - Competes in the resale market for collectibles and apparel. o Dick’s Sporting Goods - Offers sports apparel and gear. o Walmart & Target - Sell licensed sports merchandise.

Merchandise Concessions Service Revenue Model:

Industry standards for revenue splits in merchandise concessions vary and are independently negotiated between Stadium Manager and the promoter. Confidential, private market research conducted by Stadium Manager and reviewed through independent, confidential analysis by staff confirmed that the proposed ESA offers a favorable concessionaire fee structure for the Stadium Authority. The ESA with Fanatics improves existing terms by capping fees, linking them to performance, and ensuring that the concessionaire fee is treated as an event cost deducted from gross merchandise profit. This structure guarantees that the promoter shares in the fee payment, rather than it being solely deducted from the Stadium Authority’s net merchandise revenue.

Stadium Manager Negotiation Process:

For Non-NFL Events, the Stadium Manager negotiates the revenue split between the Stadium Authority and the promoter early in the event planning process. Standard splits vary by event type.

Adjustments may occur in special cases, such as major artists negotiating higher percentages.

Key Terms of the ESA:

The ESA includes the following integrated components:
· Term and Termination:

The Agreement is effective from April 1, 2025 through March 31, 2029, and may be extended by mutual written consent. Either party may terminate the Agreement for material breach (subject to a cure period) or, at the discretion of the Stadium Manager, without cause with sixty days' advance written notice.

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· Scope of Services and Standards:

Fanatics is responsible for performing the following services, as further detailed in Exhibit A of the ESA:
o Event Planning and Coordination: Fanatics will collaborate with Stadium Manager and other event stakeholders to plan and coordinate all aspects of merchandise sales for the event, including scheduling, logistics, and technical requirements. o Venue Management: Fanatics is responsible for the setup, maintenance, and teardown of event merchandise spaces within the Stadium premises inclusive of ancillary areas, ensuring compliance with safety regulations and Event specifications. No sales will be processed under the ESA inside the Team Store at Levi’s Stadium. o Point of Sale Ratios: Fanatics will maintain a reasonable point of sale ratio based on estimated attendance and event type.
o Financial Management: Contractor is responsible for all financial transactions related to event merchandise sales at the Stadium, payments to third party subcontractors and suppliers as applicable, and budget management, ensuring transparency and accuracy. o Compliance and Risk Management: Contractor will ensure compliance with all relevant Stadium Manager, Stadium, and event regulations and policies, as well as implementing measures to mitigate risks associated with Event operations. · Specific Business Terms - Contractor Compensation and Fees:

Under the ESA, Fanatics will be paid a fee equal to 7% of net merchandise revenue or $5,000, whichever is greater, when gross merchandise sales are equal to or less than $4,000,000.

When gross merchandise sales are greater than $4,000,000, Fanatics will be paid a fee equal to 8% of net merchandise revenue. Tying a merchandise concessionaire’s fee to the profits achieved from merchandise sales is industry standard, and the Stadium Manager’s research involving similar venues indicates the percentage fees are fair, reasonable, and in line with market rates.
· Roles and Responsibilities:

Fanatics, operating as an independent contractor, is solely accountable for its employees and any subcontractors, including compliance with all legal, licensing, and reporting requirements.

Fanatics also bears full responsibility for adhering to Levi’s® Stadium Jobsite Rules and all related security and access protocols.
· Intellectual Property and Confidentiality:

The Contractor is prohibited from using any of the Stadium Manager’s names, logos, or intellectual property without written consent. Both parties must maintain the confidentiality of all materials and information exchanged under the Agreement, except where disclosure is mandated by law.

Overall, the ESA enhances operational flexibility and revenue potential for Non-NFL Events by expanding merchandising opportunities in the Stadium’s concourses. Based on the analysis above, staff recommends approval of the ESA with Fanatics.

The Stadium Authority Counsel’s Office has reviewed the agreement for comparison to the Stadium Authority’s customary language. Nothing in the proposed agreements changes the Stadium City of Santa Clara Printed on 3/7/2025Page 4 of 5
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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.

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 or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
This agreement is of interest to the Stadium Authority as it enables merchandise sales at multiple concourse locations and incentivizes Fanatics to maximize net revenues, which is expected to have a positive fiscal impact on net revenues for the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.

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

RECOMMENDATION
Approve the Stadium Manager’s request to execute an Event Services Agreement with Fanatics Retail Group Concessions, LLC, effective April 1, 2025, through March 31, 2029, on the terms presented. Any extensions of the Event Services Agreement will require Stadium Authority Board approval.

Reviewed by: Chuck Baker, Assistant Executive Director
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. Proposed Event Services Agreement with Fanatics Retail Group Concessions, LLC City of Santa Clara Printed on 3/7/2025Page 5 of 5
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EVENT SERVICES AGREEMENT BETWEEN FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND FANATICS RETAIL GROUP CONCESSIONS, LLC This Event Services Agreement (the “Agreement”) is entered into on April 1, 2025, between the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), and FANATICS RETAIL GROUP CONCESSIONS, LLC, a Delaware limited liability company. (“Contractor). 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. Stadium Manager desires to secure the merchandise concessions services described in Exhibit A (the “Services”), which is attached hereto and made a part of this Agreement by this reference, for Non-NFL events (the “Events”), held at Levi’s® Stadium (the “Stadium”); B. Contractor represents that it, it’s employees and subcontractors, have the professional qualifications, expertise, necessary licenses and desire to provide services of the quality and type which meet objectives and requirements of Stadium Manager described in Exhibit A; C. Stadium Manager hereby engages the Contractor to perform the Services on behalf of the promoter or licensees associated with the Events; and D. The following terms and conditions describe how the Services will be provided and paid for. In consideration of the representations stated in this Agreement, the Parties agree as follows: AGREEMENT TERMS AND CONDITIONS 1. AGREEMENT DOCUMENTS The entire Agreement between Stadium Manager and Contractor for the Scope of Services described in Exhibit “A” (the “Services”) consists of these Terms and Conditions and the following Exhibits, which are attached and incorporated into this Agreement by this reference (the “Agreement”): Exhibit A: Scope of Services Exhibit B: Compensation and Fees Exhibit C: Insurance Requirements Exhibit D: Levi’s® Stadium Jobsite Rules 2. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties with respect to the Services and supersedes and replaces any previous agreements, representations and understandings, whether oral or written with respect to such Services only. In the event of an inconsistency

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between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions will govern and control. Any other terms or conditions attached to invoices or otherwise delivered to Stadium Manager by Contractor are not part of this Agreement. 3. TERM OF AGREEMENT This term of this Agreement begins on April 1, 2025 and shall expire on March 31, 2029 (the “Term”) unless terminated earlier as set forth herein. The Term may be extended by mutual agreement of the Parties memorialized in an amendment executed by authorized representatives of each Party. 4. TERMINATION OF AGREEMENT Without limiting any other rights or remedies (including any right to seek damages and other monetary relief) that either Party may have in law or otherwise, either Party may terminate this Agreement if the other Party materially fails to perform any material obligation hereunder, provided that (i) the non-breaching Party sends written notice to the breaching Party describing in reasonable detail the breach and stating its intention to terminate this Agreement unless such breach is cured, and (ii) the breaching Party does not cure the breach within thirty (30) days following its receipt of such notice; provided that, if the breaching Party has diligently attempted to cure the breach during such thirty (30) day period but has not cured the breach by the end of such thirty (30) day period, the non-breaching Party may not terminate this Agreement so long as the breaching Party continues to diligently attempt to cure the breach. Notwithstanding the foregoing, the expiration or earlier termination of this Agreement will not relieve either Party from its obligation to pay any monies due to the other Party for any period prior to the effective date of such expiration or termination. The Agreement may be terminated by Stadium Manager at any time, without cause, by giving Contractor sixty (60) calendar days advance written notice. 5. SCOPE OF SERVICES Contractor will perform the Services as specified in Exhibit A within the time(s) specified in Exhibit A. 6. QUALIFICATIONS OF CONTRACTOR AND SUBCONTRACTORS- STANDARD OF CARE Contractor, its employees, and/or its subcontractors have the expertise and skills to perform the Services consistent with the professional standards, regulations, and applicable rules of a specialist in the same profession in the State of California. Contractor, its employees and subcontractors, will perform the Services consistent with these representations and in accordance with all applicable professional standards, regulations and rules. Contractor is directly responsible for the professional quality, technical accuracy, and coordination of Services furnished by Contractor, Contractor’s employees, and those with whom Contractor has engaged to perform the Services. 7. WARRANTY Contractor warrants that all materials and services covered by this Agreement will be fit for the intended purpose; and conform to the specifications, requirements and instructions described in this Agreement. 8. INDEPENDENT CONTRACTOR Contractor, its employees, and subcontractors, are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager. Contractor has full rights to manage its employees

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in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor’s status as an employer will be borne exclusively by Contractor. Contractor will not be entitled to any of the benefits which the Stadium Manager may make available to its employees, such as group insurance(s), profit-sharing or retirement benefits. Contractor will be solely responsible for all taxes and documents required to be filed with or made to any federal, state or local tax authority with respect to Contractor’s performance of Services and receipt of fees under this Agreement. 9. SUBCONTRACTORS Contractor is fully responsible to Stadium Manager for the acts and omissions of its subcontractor(s), and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it. 10. COMPLIANCE WITH LAWS Contractor, its employees, and subcontractors will comply with all applicable laws and regulations of the federal, state, and local government, and, with all licensing and reporting requirements required by agencies with whom Contractor is licensed. 11. COMPLIANCE WITH STADIUM RULES Contractor, its employees, and subcontractors of every tier and their officers, employees, workers, consultants, volunteers, and agents shall comply with the Levi’s® Stadium Jobsite Rules attached as Exhibit D. Failure to comply with the Levi’s® Stadium Jobsite Rules may result in Stadium Manager requesting removal of the violating party and termination of this Agreement subject to the termination provisions specified in Section 4, above. Contractor is solely responsible for any costs attributable to or resulting from the failure to comply with the Levi’s® Stadium Jobsite Rules. Contractor, its employees, and/or subcontractors, will comply with all rules, policies and procedures relating to security and access rights including requirements related to screening and identification of Contractors and Contractor’s personnel, required by Stadium Manager and/or an Events promoter, to the extent such rules, policies and procedures are provided to Contractor in advance. 12. NO USE OF NAME(S), EMBLEM(S), OR IMAGE(S) Contractor, its employees and subcontractors, have no right to use, reproduce, or display the trademarks, symbols, photographs, trade names, or, other intellectual property of the 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, client list, service or publication, without the prior written approval of Stadium Manager. 13. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, data, drawings, descriptions, documents, or other information developed or received by a Party, and, all other written information submitted to or by a Party, in connection with performance of this Agreement is considered confidential. Neither Party may use or disclose this confidential information except as necessary to perform the Services, as specifically authorized by the a Party in writing, or to the extent necessary to comply with applicable law or legal process, provided that each Party uses reasonable efforts to coordinate the disclosure with the other Party including by providing reasonable advance notice thereof. Confidential material does not include information that is otherwise known to Contractor or becomes generally known to related industry.

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14. RESERVED 15. COMPENSATION AND PAYMENT SCHEDULE Stadium Manager will compensate Contractor for performance of the Services according to the terms and for the fees described in Exhibit B. Unless agreed to in advance in writing, Stadium Manager will not reimburse Contractor for any costs, expenses, or other fees related to performance of the Services that are not specifically included in Exhibit B. 16. PREVAILING WAGE If applicable, Contractor will comply with the following: 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. To the extent applicable, 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. To the extent applicable, 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 the project site. To the extent applicable, 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. 17. INSURANCE Contractor will purchase and maintain in full force and effect, at no cost to Stadium Manager, insurance policies, coverage amounts, required endorsements, certificates of insurance, and coverage verifications, for the Term or other period, as specified in Exhibit C. 18. HOLD HARMLESS/INDEMNIFICATION To the extent permitted by law, Contractor agrees to defend, hold harmless and indemnify the Indemnified Parties (defined below) from an against any and all loses, damages, judgments, costs and expenses (including all costs and attorney’s fees) arising out of any third party claim, action, suit or proceeding (“Claim”) to the extent based on (a) any breach of Contractor’s representations, warranties or obligations as set forth in this Agreement, (b) any failure of Contractor to comply with any applicable law, rule or regulation; and (c) any negligence or willful misconduct of the Contractor in the performance of the Services under this Agreement. “Indemnified Parties” as used in this Agreement shall mean Stadium Manager, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners and employees, each tenant and event promoter of Levi’s ® Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi’s® Stadium. 19. CONFLICTS OF INTEREST Contractor certifies to the best of its knowledge, none of the Indemnified Parties 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.

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Contractor is familiar with the provisions of California Government Code section 87100 and following and certifies that it does not know any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises. 20. FAIR EMPLOYMENT Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state, or local law. 21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR Stadium Manager, through its authorized employees, representatives or agents will have the right during the Term and for a period of one (1) year from the date final payment for Services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all amounts paid or owed under this Agreement. 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. Contractor will bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the Stadium Manager. Contractor will submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in advance and in writing. Contractor agrees to reasonably assist Stadium Manager in meeting Stadium Manager’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder. 22. GOVERNING LAW AND VENUE This Agreement is governed and construed in accordance with the laws of the State of California. The venue for any suit filed by either Party will be with the state courts in the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California. 23. WAIVER If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver is not treated as waiving a later breach of that term. 24. MODIFICATIONS TO AGREEMENT All modifications to this Agreement must be in writing signed by an authorized representative of each Party. 25. COUNTERPARTS This Agreement may be executed in counterparts, each of which will be deemed to be an original but both of which will constitute one and the same instrument. 26. ASSIGNMENT This Agreement cannot be assigned or transferred without prior written approval of the Parties.

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27. SURVIVORSHIP The respective rights and obligations of the parties hereunder, including, without limitation, the rights and obligations set forth in the sections titled WARRANTY, INSURANCE, HOLD HARMLESS/ INDEMNIFICATION, NO USE OF NAME(S), EMBLEM(S) OR IMAGE(S), RIGHTS OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR, shall survive any termination of this Agreement to the extent necessary for the intended preservation of such rights and obligations. 28. SEVERABILITY In case any one or more of the provisions in this Agreement is found to be invalid, illegal or unenforceable, it will not affect the validity or enforceability of the other provisions. 29. NO THIRD PARTY BENEFICIARY This Agreement will not be construed to be an agreement for the benefit of any third party or parties and no third party or parties will have any claim or right of action under this Agreement for any cause. 30. NOTICES All notices or other communications required or permitted under this Agreement must be in writing and must be sent or emailed to the party at that party’s address set forth below: Attention: Executive 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 addressed as follows: General Counsel Fanatics Retail Group Concessions, LLC 95 Morton Street New York, NY10014 With electronic copy to: [email protected] If notice was provided by email, the workday the email was sent will be deemed the date notice was given. An emailed notice sent after 3:00 p.m. on a Friday will be deemed given on the next business day. Signatures on Following Page

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized representatives: FORTY NINERS STADIUM MANAGEMENT COMPANY LLC Approved By: Francine Hughes EVP & General Manager Date FANATICS RETAIL GROUP CONCESSIONS, LLC Gary Gertzog President – Business Affairs Date

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EXHIBIT A SCOPE OF SERVICES General Contractor will provide the merchandising services to ensure efficient management and execution of merchandise sales on behalf of promoters and organizers for Events at the Stadium. Objectives The Parties agree Contractor’s services are in furtherance of the following objectives: • To seamlessly organize and execute merchandising at Events held at the Stadium. • To ensure optimal utilization of Stadium facilities for merchandising for diverse sports and entertainment Events including, without limitation, concerts and soccer matches. • To enhance the overall experience of Event attendees and other Stadium and Event stakeholders. Responsibilities Contractor will perform the following for each Event: • Event Planning and Coordination: Contractor will collaborate with Stadium Manager and other Event stakeholders to plan and coordinate all aspects of merchandise sales for the event, including scheduling, logistics, and technical requirements. • Venue Management: Contractor is responsible for the setup, maintenance, and teardown of Event merchandise spaces within the Stadium premises inclusive of ancillary areas, ensuring compliance with safety regulations and Event specifications. It is understood and agreed no sales will be processed under this Agreement inside the Team Store at Levi’s Stadium. • Point of Sale Ratios: Contractor will maintain a reasonable point of sale ratio based on estimated attendance and Event type. For reference purposes only, a ratio of one (1) point of sale for every five hundred attendees is generally considered reasonable. Notwithstanding the foregoing, Contractor’s proposed point of sale ratio for an Event shall be presented to the Stadium Manager for review and approval prior to implementation. • Financial Management: Contractor is responsible for all financial transactions related to Event merchandise sales at the Stadium, payments to third party subcontractors and suppliers as applicable, and budget management, ensuring transparency and accuracy. • Compliance and Risk Management: Contractor will ensure compliance with all relevant Stadium Manager, Stadium, and Event regulations and policies, as well as implementing measures to mitigate risks associated with Event operations. Deliverables Contractor will submit the following to Stadium Manager for review and approval for each Event: • Comprehensive plans detailing timelines, layouts, and resource requirements associated with the provision of Contractor’s merchandising services for the Event. Such plans must be submitted by Contractor to Stadium Manager for review and approval no later than seven (7) calendar days before the Event date, provided that Contractor receives all necessary information from Event promotors, Stadium Manager, and all necessary parties. • Well-maintained Event merchandise spaces with appropriate setup and amenities.

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• Accurate sales tracking and reporting for all merchandise transactions processed by Contractor for the Event. • Coordination with other Event vendors and suppliers to meet Event needs. • Financial reports documenting revenue, expenses, and budget adherence in a format reasonably acceptable to Stadium Manager. Such financial reports shall be due to the Stadium Manager no later than ten (10) business days after the Event. • Compliance documentation demonstrating adherence to legal and safety standards and any applicable Stadium Manager, Stadum, and Event regulations and policies. Timelines Contractor will perform the Services on an as-needed basis upon receipt of a request for Services from Stadium Manager, which request will be submitted to Contractor no later than fourteen (14) calendar days prior to an Event. Timelines associated with the provision of Services for a specific Event will be provided by Contractor to Stadium Manager for review and approval as part of the comprehensive plans specified in the “Deliverable” section above. Contractor will provide progress updates to Stadium Manager for each Event that it is assigned to provide Services for as requested by Stadium Manager, or otherwise on a regular basis.

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EXHIBIT B CONTRACTOR COMPENSATION AND FEES Definitions For purposes of this Agreement, the terms set forth herein have the meanings assigned below. 1. “Gross Merchandise Sales” means gross receipts from the sales of Event merchandise processed by Contractor at Levi’s Stadium on the date(s) of the Event. 2. “Net Merchandise Revenue” means Gross Merchandise Sales less (i) all applicable taxes, customer discounts, returns, payment tender processing fees (i.e., credit card, bank, and/or merchant fees), wrapping and other value-added service charges, cancellations, chargebacks and uncollectible credit card charges, (ii) bootleg security charges, artist/event merchandise commission, and any direct out of pocket merchandising expense, and (iii) the cost of labor associated with such sales by Contractor. Fees Contractor will be compensated for Services rendered under this Agreement on a per Event basis in accordance with the fee schedule set forth below. Fees (Gross Merchandise Sales ≤ $4,000,000) When Gross Merchandise Sales are less than or equal to $4,000,000, Contractor receives the greater of 7% of Net Merchandise Revenue from Event merchandise sales or $5,000. Example*: Concert with Gross Merchandise Sales of $1,000,000, sales tax of $91,250, security/bootleg fee of $2,500, and transaction fees of $35,000. Net Merchandise Revenue ($871,250) = Gross Merchandise Sales ($1,000,000) - Sales Tax ($91,250) - Security/Bootleg Fee ($2,500) - Transaction Fees ($35,000). Contractor Fee ($60,987.50)= 7% x Net Merchandise Revenue ($871,250). Fees (Gross Merchandise Sales > $4,000,000) When Gross Merchandise Sales are greater than $4,000,000, Contractor receives 8% of Net Merchandise Revenue from Event merchandise sales. Example*: Concert with Gross Merchandise Sales of $5,000,000, sales tax of $456,250, security/bootleg fee of $12,500, and transaction fees of $175,000. Net Merchandise Revenue ($4,356,250) = Gross Merchandise Sales ($5,000,000) - Sales Tax ($456,250) - Security/Bootleg Fee ($12,500) - Transaction Fees ($175,000). Contractor Fee ($348,500)= 8% x Net Merchandise Revenue ($4,356,250) Fees (Buyout) In the event of a merchandise buyout by the promoter of the Event (“Buyout”), Contractor will receive $5,000.

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*The examples provided are for illustrative purposes only and are not intended to be projections of actual revenues/expenses. Fee Disbursement Contractor will collect all merchandise sale proceeds and disburse such proceeds in accordance with written disbursement instructions provided by Stadium Manager. Contractor shall ensure disbursement of proceeds occurs within thirty (30) calendar days of the later of (i) Contractor’s receipt of disbursement instructions from Stadium Manager or (ii) the last day of the subject Event. In the event of a Buyout or where the 7% of Gross Merchandise Profit is less than $5,000, Contractor will issue an invoice to Stadium Manager for the amounts owed in a format approved by Stadium Manager. Stadium Manager will pay Contractor all undisputed amounts invoiced within thirty (30) calendar days of Stadium Manager’s receipt of an approved invoice. Any invoices received more than six (6) months after either termination of this Agreement or expiration of the Term may be rejected for payment by Stadium Manager.

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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 Four Million Dollars ($4,000,000) 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 Levi’s 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 Forty Niners Stadium Management Company LLC, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as additional insureds; (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 additional insureds contained herein 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

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evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.

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EXHIBIT D LEVI’S® STADIUM JOBSITE RULES The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site: 1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager. 2. No smoking, drugs, or alcohol permitted on site. 3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense. 4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project. 5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager. 6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e., glass, aluminum, cardboard, etc.). 7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS. 8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise. 9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors. Appropriate PPE shall be coordinated with the Stadium Manager prior to Project. 10. The supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules. 11. NO children (under 18 years old) are allowed on site. 12. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements. 13. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site. 14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:

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• Contractor’s Company Name • Contractor’s Equipment Contact • Contact Phone Number • Duration On-Site (i.e., 06/02/21- 06/15/21) Equipment requiring this information includes, but is not limited to, the following types of equipment: • Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts • Flatbeds • Manlifts • Vehicles • Job Boxes • Trailers • Other Equipment Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-103 Agenda Date: 3/11/2025

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on the Proposed Santa Clara Stadium Authority Fiscal Year 2025/26 Operating, Debt Service and Capital Budget, Stadium Authority Budget, Compliance and Management Policies, and 2025 Non -NFL Events Marketing Plan

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

BACKGROUND
The Stadium Management Agreement (Management Agreement) defines the Stadium Operation and Maintenance Plan (SOMP) as the plan designed to achieve a safe and well-maintained Stadium and states that it should include the standards for management and operation of the Stadium, including the required security, staffing, and other required elements of hosting Stadium events. The Forty Niners Stadium Management Company LLC (ManCo or Stadium Manager) is responsible for preparing the SOMP that is presented annually to the Santa Clara Stadium Authority (Stadium Authority). The SOMP is required to include the:

1. Annual Shared Stadium Expense Budget,

2. Annual Public Safety Budget,

3. Capital Expenditure Plan,

4. Marketing Plan.

Each year, Stadium Authority staff prepares a proposed Santa Clara Stadium Authority Operating, Debt Service, and Capital Budget for the Stadium Authority’s twelve-month Fiscal Year (FY), which begins on April 1 and runs through March 31 (in accordance with Article 4 - Records, Accounts, Budgets, and Reports of the Management Agreement).

Section 4.10 of the Management Agreement requires that the Marketing Plan set forth in reasonable detail the Stadium Manager’s plans to develop, implement and monitor marketing, booking, advertising, and promotion of the Non-NFL Events for Levi’s Stadium.

DISCUSSION
This report to the Stadium Authority Board transmits the Proposed FY 2025/26 Stadium Authority Operating, Debt Service, and Capital Budget (Attachment 1), Public Safety Budget (Attachment 2), and 2025 Levi’s Stadium Events Marketing Plan (Attachment 3). It should be noted that the Public Safety Budget is included in this report for Stadium Authority Board information only, as budget appropriations for the City’s public safety departments are approved by the City Council through the City’s biennial budgeting process.

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The budget document contains several key sections including the:
· Stadium Operating Budget which includes a breakdown of the Stadium Authority’s General and Administrative costs,
· Shared Stadium Manager Expenses including the total expenses and the Stadium Authority’s share of those expenses,
· Ten-Year Forecast,
· Debt Service Budget; and
· Capital Budget.

In addition, staff has included glossaries of commonly used financial terms in this proposed budget to facilitate understanding of the types of revenues, expenses, debt, and capital expenses.

In accordance with Sections 4.5 through 4.8 of the Management Agreement, ManCo prepared and submitted a proposed operating, capital, and debt budget for the FY 2025/26 Stadium Authority Budget. Staff followed the budget development process outlined in the Proposed Stadium Authority Board Budget Policy (Attachment 4) in preparing the Proposed FY 2025/26 Stadium Authority Budget.

The proposed budget was presented to the Board and the public at three meetings: Study Sessions on February 25th and March 4th, and a March 11th Public Hearing as part of its final consideration for approval.

The following summarizes the timeline of the FY 2025/26 budget process:
· In November 2024, Stadium Authority worked with ManCo to develop the annual budget plan, which included the dates that ManCo would provide all necessary documents as required by the Stadium Lease, Management Agreement, and Stadium Operations Agreement.
· In January 2025, ManCo provided annual documents as outlined in the Stadium Agreements, which were used in the Budget Development Process:
oStadium Operations and Maintenance Plan
§ Annual Shared Expense Budget with Five-Year Projection § Annual Stadium Authority Operations Budget
§ Annual Public Safety Budget
§ Capital Expenditure Plan with Five Year Projection
§ Levi’s Stadium Events Marketing Plan
oPublic Safety Document Updates
oNFL and Non-NFL Events Parking Plans
· In February 2025, Stadium Authority staff analyzed ManCo’s budget submission including but not limited to the number of full-time equivalents (FTEs) recommended and related personnel costs as well as non-personnel costs and calculated the budget for Stadium Authority General and Administrative (G&A) costs (such as staff costs, consulting, audit, legal, and any reasonable and necessary expenses to support the Board and Stadium Authority operations) as well as any necessary funding to be used for the Stadium City of Santa Clara Printed on 3/7/2025Page 2 of 9
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Authority’s Discretionary Fund.

The Proposed Budget is presented on an accrual basis which provides increased transparency for projected revenues and expenses, with added detail about financial transfers. The total Revenues and Expenses in the Stadium Authority Operating Budget for FY 2025/26 are $66.2 million and $60.9 million respectively.

A summary of key changes and assumptions for the Proposed Budget include:
· Net Non-NFL Events Revenue estimate for FY 2025/26 totals $5.3 million. This is budgeted lower than the actuals for FY 2023/24 and FY 2024/25, which were $8.3 million and $9.3 million (projected actuals), respectively. ManCo provided a budget estimate of $4.5 million to $5.3 million for Net-Non-NFL Event Revenue for FY 2025/26. Historically, performance has exceeded the preliminary budget estimates based on actual event profitability.
· Payments to the City’s General Fund are programmed at $6.4 million in FY 2025/26 for performance rent ($2.2 million), excess revenue distribution ($3 million), ground rent ($1.0 million), and Senior/Youth fees ($270,000).
· Non-NFL Ticket Surcharge revenue is projected to increase $2.3 million, reflecting the increase from the surcharge from $4 to a minimum of $8 for tickets sold in FY 2025/26 for certain events.
· Public Safety cost reimbursements over the agreed-upon threshold for FY2025/26 is $2.1 million; $2.0 million will be paid for from the Public Safety Cost Reserve, and $100,000 will be paid from the Discretionary Fund.
· Public Safety Costs 2024 Outstanding Balance paydown of $3 million from Excess Revenues which will leave an end balance of $2.6 million at the end of FY2025/26. · Levi’s® Naming Rights expense of $1.7 million includes the Authority’s obligations under its Naming Rights Agreement with Levi’s® (Schedule 1, Sections 5 and 6) to provide Levi’s® a suite and tickets to the six FIFA World Cup 2026 soccer matches. The Stadium Authority will receive a $4 to $6 surcharge per ticket sold for the six FIFA World Cup 2026 events, with projected revenues (including any backfill if less than $6 is charged) of $2.1 million in FY 2026/27. These revenues will be allocated 50% to Stadium Authority general revenue and 50% to the Discretionary Fund.
· Renovation/Demolition Reserve is budgeted to have a balance of $49.2 million by the end of FY 2025/26. This reserve is ahead of schedule towards the required $70 million balance because of the contribution from excess revenues that have been generated in recent years.
· Capital Expense (CapEx) Reserve Fund Balance is budgeted to have a balance of $2.6 million by the end of FY 2025/26. Staff is proposing that the Stadium Authority contribute an additional $1.0 million to the CapEx fund above contractual requirements to provide additional resources for unanticipated expenses. Stadium Authority will continue to provide oversight and work with ManCo to ensure the projects with the highest priority and needs are addressed within the five-year CapEx plan. StadCo has conducted a Facilities Condition Assessment (FCA), funded at their expense, to help facilitate long-term financial planning, operational efficiency, and structural integrity. The FCA identifies necessary repairs, capital improvements, and compliance requirements while optimizing maintenance costs and resource allocation. The Stadium Authority will undertake a vetting of the FCA City of Santa Clara Printed on 3/7/2025Page 3 of 9
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once complete. It is important to note that the current capital reserve balance is far below an appropriate level and increasing this balance should be a major focus of future budgetary and capital project planning.
· Proposed Capital Expenditures totaling $18.6 million, including general building, security, furnishings and equipment, and public safety investments. The Authority will oversee and collaborate with ManCo to prioritize projects within the five-year CapEx plan. · General and Administrative Budget funding 8.7 full-time equivalent positions totaling $3.3 million. This is a baseline level of support necessary for Stadium Authority operations and reflects an estimate of staff time necessary for FY 2025/26 activities. This budget also included positional changes to reflect a staff reclassification that took place during the current fiscal year, conversion of an existing Assistant to the City Manager to a Deputy City Manager position.
· Total estimated Debt Service payments of $20.6 million including debt related to the Community Facilities District ($3.5 million) and Term A Loan ($17.1 million).

Key highlights for the Stadium Authority’s 2025/26 budget are as follows:

Operating Budget
Revenues
· FY 2025/26 total budgeted revenues of $66.2 million includes $24.8 million in facility rent, $5.2 million in SBL revenue, $15.0 million in NFL ticket surcharge, $8.1 million in Naming Rights revenue, $3.4 million in Non-NFL ticket surcharge, $5.3 million in Non-NFL events net revenue, $3.4 million in interest revenue, and $1.0 million in miscellaneous other revenues.
· Non-NFL Events Ticket surcharge revenues are projected to increase by $2.0 million or 146%, from $1.4 million in FY 2024/25 Budget to $3.4 million in FY 2025/25 Budget. As a part of the 2024 settlement agreement, Non-NFL event ticket surcharge will increase from $4 per ticket to a minimum of $8 per ticket starting in FY 2025/26. This incremental surcharge revenue will be used to reimburse public safety costs that exceed the threshold. · ManCo provided Net-Non-NFL Event Revenue between $4.5 million and $5.3 million for FY 2025/26. The Stadium Authority used the higher estimate of $5.3 million as the anticipated Net Non-NFL Event Revenue for FY 2025/26. This is based on a projection of eight major events (six concerts and two soccer events) and non-ticketed events.

Expenses
· The proposed Operating Budget equals $60.9 million and includes the Stadium Authority’s share of expenses covered under the Management Agreement in the amount of $14.0 million, along with monies sufficient to fulfill the Stadium Authority’s administrative oversight of the Stadium in the amount of $4.7 million, SBL sales and services of $2.3 million, buffet costs of $927,000, utility costs of $1.8 million, ground rent of $1.0 million, performance rent paid to the City of $2.2 million, naming rights expense of $1.7 million, public safety cost over threshold of $2.1 million, pay down of public safety cost 2024 outstanding balance of $3.0 million, transfer to the City general fund of $3.0 million and other miscellaneous expenses of $1.4 million.
· Total transfers out of $22.8 million include a $5.2 million transfer to the Capital Fund for future Stadium capital improvements and $17.6 million to the Debt Service Fund.

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Reserves
· Total operating reserves are expected to be $78.0 million at the end of FY 2025/26.

This is composed of a Renovation/Demolition Reserve of $49.1 million, an Operating Reserve of $27.7 million and a Discretionary Fund Reserve of $1.2 million.

Debt Service Budget
· The proposed 2025/26 Debt Service Budget of $20.6 million (principal of $9.9 million and interest of $10.7 million) is based on the required debt service payments. Total outstanding debt is projected to decrease by $9.9 million from $219.7 million to $209.8 million.

Capital Expense Budget
· The FY 2025/26 Capital Expense Budget totals $18.6 million. Of this total, $13.4 million of prior year appropriations are carried over into FY 2025/26. New capital improvement appropriations equal $5.2 million
Subsequent Revisions to the Stadium Authority’s FY 2025/26 Budget Study Sessions were held on February 25 and March 4, 2025, to discuss the Proposed Santa Clara Stadium Authority Fiscal Year 2025/26 Operating, Debt Service, and Capital Budget and Stadium Authority Budget, Compliance, and Management Policies. The following key items were discussed:
· 2024 Settlement Agreement implementation terms
· Workplan supporting Super Bowl LX and FIFA World Cup 2026 · Projected $5.3 million of Net Revenues from Non-NFL Events was low compared to the trend
· Public Safety Costs (PSC) reimbursement funded through the PSC Reserve and Discretionary Fund
· PSC 2024 Outstanding Balance funded through excess revenues · Direct payments to the General Fund from Performance Rent, Ground Rent, Senior & Youth Fees and Projected Excess Revenue
· Non-NFL Ticket Surcharge revenue is projected to increase due to the increase of surcharge from $4 to a minimum of $8 for tickets sold for certain events · The need for an additional $1.0 million in funding to the CapEx Reserve above the contractual requirements for potential additional CapEx expenses to maintain the facility · Levi’s Naming Rights expense of $1.6 million to cover the Authority’s obligations under the Naming Rights Agreement with Levi’s to provide suites and tickets to six World Cup 2026 soccer matches.
· SBL Sales and Service costs
· Stadium Manager’s proposal for partial reimbursement of their new offsite leased office space costs
· Marketing Plan consultant and forward approach
· Exhibit J and a comparison of General Fund revenues forecasted over the next ten years
th
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The Board asked questions and discussed the Proposed Budget at the February 25th Study Session.

At the March 4th Study Session, staff provided responses to questions raised at the prior Study Session. Additional questions were posed by the Board. While most of the questions were answered at the Study Session, there were three topics where additional information was requested. The following provides additional information.

SBL Sales and Service Expenses
First, in reference to the SBL Sales and Service expenses, there was a request to break out the complementary buffet costs from the SBL Sales and Service expenses. This adjustment has been made to the proposed budget. The SCSA’s cost for complementary buffet costs to SBL holders is budgeted at $927,000 in the proposed budget. There were also additional questions about what is included in the SBL Sales and Service expenses.

The FY 2025/26 SBL Revenue Budget Target includes $5.156 million in SBL cash collections, with 91% ($4.678 million) coming from the amortization table and 9% ($0.478 million) from new SBL sales. Additionally, there is a target of $4.5 million in new SBL sales. Here’s a table:

Category Amount (in Millions)
Collections From Amortization
Table
$ 4.68
Collections From New SBL
Sales
$ 0.48
Total SBL Cash Collections $ 5.16
New SBL Sales $ 4.50
In response to the Board’s questions, the Stadium Manager provided the following information:

The SBL Sales team is made up of ten (10) individuals, and the SBL Service team is made up of nine (9) individuals who work on SBL invoicing and collections and general SBL customer service support.

For SBL Service Responsibilities, 100% of time spent on SBL invoicing and collections is charged to the Stadium Authority. Other responsibilities, such as game/event days, face-to- face or virtual meetings, and general customer service, are each 50% charged to SCSA.

General customer service, covering various account management tasks, takes up the largest share at 25% of time allocation. Meanwhile, 49ers season ticket invoicing and collections, which make up 30% of the workload, are not charged to the Stadium Authority. Here’s a table that breaks out the service responsibility and time allocation percentages:

Service Responsibility Time Allocation
SBL Invoicing and Collections (100%) 20%
Game/Event Days and SBL Member Events
(50%)
10%
Face-to-Face / Virtual Meetings (50%) 15%
General Customer Service (50%) 25%
49ers Season Ticket Invoicing and Collections
(0%)
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Service Responsibility Time Allocation
SBL Invoicing and Collections (100%) 20%
Game/Event Days and SBL Member Events
(50%)
10%
Face-to-Face / Virtual Meetings (50%) 15%
General Customer Service (50%) 25%
49ers Season Ticket Invoicing and Collections
(0%)
30%
Stadium Authority staff are continuing to discuss appropriate levels of SBL Sales and Service staffing with ManCo Sales, the roles and functions of such staffing as well as the extent to which the costs of such staffing should be allocated to the Stadium Authority. Accordingly, Stadium Authority staff recommends that the Board’s budget approval reserves the right to modify this budget line item based on these discussions and further assessment.

Off-site Leased Office Space
Secondly, there were questions about a new expense that the Stadium Manager is proposing to include in the budget for the Stadium Authority’s share of off-site leased office space being used by Stadium Manager staff. This was included in the Other Expenses line of their proposed budget.

Based on feedback provided at the Study Session and staff review of these costs, the Stadium Authority recommends the exclusion of the office space cost ($620,000) from the proposed budget as conversations between Stadium Authority staff and Stadium Manager on this topic are still ongoing.

Additional Contribution to the CapEx Reserve Account
The proposed budget includes an allocation of $1 million above contractual requirements to provide additional funding to the Stadium’s CapEx (capital expenditure) Reserve account. Staff is working with ManCo on the mechanism to implement this additional funding. Staff recommends that this allocation be a contingent budget allocation in the adopted budget. This funding will only be implemented upon reaching an agreement with ManCo on the appropriate legal mechanism. Under consideration is whether or not an amendment to the Stadium Lease will be required for additional CapEx reserves out of general operating revenues.

Additionally, subsequent to finalizing the budget for the Study Sessions, several additional changes were made to the proposed budget. ManCo updated the Naming Rights Expense for the Stadium Authority’s obligation under the Naming Rights Agreement for suite and ticket expenses to the FIFA World Cup 2026 soccer matches. This expense increases by $25,000 for a total of $1.625 million. In addition, a correction is included to Stadium Operations Shared Stadium Expense for outside services, reflecting a decrease of $10,000.

In conjunction with these changes, there is $605,000 of additional excess revenue available to contribute to the Renovation/Demolition Reserve ($302,500), to pay down the PSC 2024 Outstanding Balance ($151,250) and to transfer to the General Fund ($151,250).

As a result of these changes, total expenses in the Stadium Operating Budget decreased from $61.2 million to $60.9 million.

The table below outlines the changes to the expense lines of the FY 2025/26 proposed budget from the study session ($ in thousands).

Line Item Study
Session
Current Change
SSE Stadium Ops $3,499 $3,489 ($10)
SBL Sales and Service $3,251 $2,324 ($927)
Buffet Costs $0 $927 $927
Naming Rights Expense $1,699 $1,724 $25
Other Expenses $1,383 $763 ($620)
PSC 2024 OS Balance $2,820 $2,972 $152
Transfer to GF $2,820 $2,972 $152
Total Changes to Expenses ($301)
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Session
Current Change
SSE Stadium Ops $3,499 $3,489 ($10)
SBL Sales and Service $3,251 $2,324 ($927)
Buffet Costs $0 $927 $927
Naming Rights Expense $1,699 $1,724 $25
Other Expenses $1,383 $763 ($620)
PSC 2024 OS Balance $2,820 $2,972 $152
Transfer to GF $2,820 $2,972 $152
Total Changes to Expenses ($301)
Lastly, the FY 2024/25 projected PSC Over Threshold was increased by $252,000 to $2.3 million based on actual public safety costs to date. In conjunction with this increase, the Ending Fund Balance for the Discretionary Fund Reserve was decreased by the same amount. Due to the all the aforementioned adjustments, the Ending Fund Balance - Stadium Funding Trust Reserve and Unrestricted were also adjusted.

The Proposed Santa Clara Stadium Authority Fiscal Year 2025/26 Operating, Debt Service, and Capital Budget (Attachment 1) reflects these changes.

Levi’s Stadium Marketing Plan
The Marketing Plan (Attachment 3) is submitted by ManCo and included in the report. The Stadium Authority staff has reviewed the marketing plan and believes that there are areas for improvement. A consultant has been selected to conduct an evaluation of the 2025 Levi’s Stadium Marketing Plan.

This review will assess current marketing strategies, offer recommendations to enhance the Stadium Authority’s strategic oversight, ensure consistency and impact across marketing and branding elements, analyze media plans, and interpret performance data to identify trends and areas for improvement. The process will commence in March 2025, with multiple deliverables, including a final report expected by July 2025. The findings will guide both the ongoing oversight of the 2025 Marketing Plan and the development of the 2026 Marketing Plan. Consequently, staff recommends that the Board authorize the Executive Director to finalize the review of and approve the Levi’s Stadium Events Marketing Plan and work in collaboration with the Stadium Manager to implement appropriate changes upon completion of the marketing consultant’s work.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environment Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a)(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 Proposed FY 2025/26 Budget includes $60.9 million for operating costs (includes transfers out to Debt Service and Capital Funds), $20.6 million for debt service, and $18.6 million for capital (includes a $13.4 million carryover from the prior year).

COORDINATION
This report has been coordinated with the Executive Director and Stadium Authority Counsel’s City of Santa Clara Printed on 3/7/2025Page 8 of 9
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PUBLIC CONTACT
On February 26, 2025, a notice of the public hearing was published in the Santa Clara Weekly and the Proposed Budget (Attachment 1) was available to the public on the City’s website and in the City Clerk’s Office.

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], or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Adopt the Santa Clara Stadium Authority Fiscal Year 2025/26 Operating, Debt Service, and Capital Budget on the terms presented, including (1) a $1 million contingent allocation of revenues to the CapEx Reserve Fund, with direction to staff to implement this allocation once an appropriate legal mechanism is identified, and (2) a reservation of rights to modify the SBL Sales and Service budget line item based on further discussions with the Stadium Manager and future Board action;

2. Authorize the Executive Director to finalize the review of and approve the Levi’sStadium Events Marketing Plan and work in collaboration with the Stadium Manager to implement appropriate changes upon completion of the marketing consultant’s work;

3. Adopt the Stadium Authority Board Budget Policy; and

4. Adopt the Stadium Authority Board Compliance and Management Policy.

Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan Grogan, Executive Director

ATTACHMENTS

1. Santa Clara Stadium Authority Proposed Fiscal Year 2025/26 Operating, Debt Service, and Capital Budget

2. Fiscal Year 2025/26 Annual Public Safety Budget

3. 2025 Levi’s Stadium Events Marketing Plan

4. Stadium Authority Board Budget Policy

5. Stadium Authority Board Compliance and Management Policy City of Santa Clara Printed on 3/7/2025Page 9 of 9
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n June 8, 2010 the residents of Santa Clara voted to adopt Measure J, the Santa Clara Stadium Taxpayer Protection and Economic Progress Act, resulting in the approval to construct a stadium to be leased by the San Francisco 49ers. Measure J called for the creation of the Santa Clara Stadium Authority (Stadium Authority) to own, develop, construct, operate, and maintain the Stadium. The Stadium Authority exists as a public body, separate and distinct from the City. The Stadium Authority is structured so that the City is not liable for the debts or obligations of the Stadium Authority.

This budget and additional financial information on the Stadium Authority can be found at: “santaclaraca.gov/our-city/santa-clara- stadium-authority”.

O

PROPOSED

FISCAL YEAR
2025/26

OPERATING,
DEBT

SERVICE

AND CAPITAL
BUDGET
1500 Warburton Avenue
Santa Clara, CA 95050
Phone: (408) 615-2210
Website:
https://www.santaclaraca.gov/our
-city/santa-clara-stadium-
authority
Email: communications@
santaclaraca.gov
Santa Clara Stadium
Authority

2 LE V I’S® STA DI U M

3 Table of Contents

Transmittal Letter .................................................................................................................... 4 General Information............................................................................................................... 14 Organizational Chart ............................................................................................................. 15 NFL Event Highlights - Year in Review ................................................................................. 16 Non-NFL Event Highlights - Year in Review .......................................................................... 17 Excess Revenues Distribution ............................................................................................... 18 Stadium Authority Operating Budget ..................................................................................... 20 Stadium Authority Operating Budget Glossary .................................................................. 29 Shared Stadium Manager Expenses ..................................................................................... 37 Shared Stadium Manager Expenses Glossary .................................................................. 39 Ten-Year Forecast ................................................................................................................ 41 Stadium Debt Service Budget ............................................................................................... 44 Stadium Debt Service Budget Glossary ............................................................................. 47 Stadium Authority Capital Expense Budget ........................................................................... 49 Stadium Authority Work Plan ................................................................................................ 61

Santa Clara Stadium
Authority

4 March 11, 2025

Honorable Board Chair and Stadium Authority Board

SUBJECT: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget

Members of the Board,

As required in the Stadium Management Agreement, Section 4.6, I transmit the Proposed Fiscal Year (FY) 2025/26 Operating, Debt Service, and Capital Budget for the Stadium Authority.

This budget provides the necessary funding to administer the duties of the Stadium Authority, including:

 Support for operating Levi’s ® Stadium (Stadium) for Non-National Football League (Non-NFL) Events through a management company, the Forty Niners Stadium Management Company LLC (ManCo or Stadium Manager);
 Advancement of the FY 2025/26 Work Plan;
 Payment of debt service obligations; and,
 Maintenance of a five-year capital plan.

LEVI’S® STADIUM OVERVIEW

The Santa Clara Stadium Authority exists as a public body, separate and distinct from the City of Santa Clara, and was established to provide for the development and operation of Levi's ® Stadium.

The elected members of the City Council serve as the governing board for the Authority, with the Mayor serving as chair, the City Manager as the Executive Director, and the City Attorney as the Authority’s General Counsel. Levi’s ® Stadium, the region’s premier sports and entertainment venue, is home to the San Francisco 49ers and future host site of Super Bowl LX and FIFA World Cup in 2026.

The Stadium Authority owns Levi’s ® Stadium and contracts with ManCo for promotion of Non-NFL Events and facility operations and maintenance. This operational structure is implemented by using a variety of ManCo staff, vendors, and public service employees through reimbursement procedures.

The Stadium Authority Board (Board) provides overall governance and oversight of this operational structure. Amongst other due diligence requirements to support these duties, the Board is also responsible for: setting policy; debt and fiscal management; and ensuring implementation of required duties related to operations and capital projects. While meeting the Stadium Authority’s obligations, this budget continues to advance initiatives outlined in the Stadium Authority’s work plan and various work efforts related to Non-NFL Events.

SCSA

SANTA CLARA STADIUM AUTHORITY
Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025
5 Since opening in 2014, Levi’s ® Stadium has served as a key economic driver for Santa Clara, generating millions in annual revenue for the City and regional economy. Unlike many stadium projects, Levi’s® Stadium was built without tax increases or ongoing government subsidies, relying instead on 49ers revenue and non-NFL event income to service all debt. The only public contribution was a one-time Redevelopment Agency (RDA) investment. Measure J includes provisions that further safeguard taxpayers by providing that the City’s General Fund nor Enterprise Funds are used for Stadium operations or debt repayment.

Levi’s® Stadium continues to generate significant revenue from NFL games, concerts, and special events, contributing to ongoing Stadium debt reduction, and contribution to the City’s General Fund.

The Stadium Authority maintains a disciplined financial strategy, prioritizing responsible debt management, operational efficiency, and revenue maximization. Here's an overview of the Stadium Authority's historical financial trajectory from 2013 to 2024:

 Consistent Annual Revenue: The SCSA's revenue has averaged $77.7 million per year, peaking at $123.7 million in the 2014/15 fiscal year due to initial Stadium Builder License (SBL) sales. The lowest revenue was $49.6 million during the pandemic-affected year in FY 2020/21.  Contribution to the City’s General Fund: The City's General Fund has received an average of $3.2 million annually from stadium-related activities. The highest contribution is projected to be

18.6 million in FY 2024/25 largely because of the 2024 Settlement Agreement, while the lowest was $390,000 in FY 2020/21, reflecting pandemic impacts. Income to the City includes money from ground rent, performance rent, Senior & Youth Program Fees, and parking fees.  Reduction of Construction Debt : The Stadium's debt peaked at $653.4 million . As of March 2025, it is projected that this debt will be reduced by 66% to $219.7 million.

Beyond financial returns, Levi’s® Stadium enhances tourism, local business growth, and job creation, reinforcing its role as a vital regional asset. The venue’s ability to attract world-class events, including the upcoming Super Bowl LX and FIFA World Cup 2026, underscores its strong reputation and long- term value to Santa Clara.

The Stadium Authority remains committed to financial oversight, transparency, and long-term sustainability, ensuring that Levi’s ® Stadium continues to provide economic and community benefits while maintaining fiscal integrity.

PROPOSED BUDGET IN BRIEF

The total Revenues and Expenses in the Stadium Authority Operating Budget for FY 2025/26 are $66.2 million and $60.9 million respectively. Revenues increased by $3.4 million or 5%, compared to the prior fiscal year budget. Expenses decreased by $6.8 million or 10% compared to the prior year budget. This budget reflects changes based on the parties’ 2024 Settlement Agreement and the amendments of the Stadium Lease Agreement, which became final and effective on December 28, 2024. This budget also reflects revenues and expenses necessary to operate the Stadium in the context of planning for major events scheduled for the upcoming year which include the 2026 World Cup and Super Bowl LX.

SCSA

SANTA CLARA STADIUM AUTHORITY
Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025
6 The Proposed Budget is presented on an accrual basis which provides increased transparency for projected revenues and expenses, with added detail about financial transfers.

A summary of key changes and assumptions for the Proposed Budget include:

 Net Non-NFL Events Revenue estimate for FY 2025/26 totals $5.3 million. This is budgeted lower than the actuals for FY 2023/24 and FY 2024/25, which were $8.3 million and $9.3 million (projected actuals), respectively. ManCo provided a budget estimate of $4.5 million to $5.3 million for Net-Non-NFL Event Revenue for FY 2025/26. Historically, actual performance has exceeded the preliminary budget estimates based on additional event bookings that may occur after the start of the fiscal year.

SCSA staff continue to work with ManCo on adjustments to their Non-NFL Events revenue budget estimate process so that they are more in line with historical performance trends. Below is a summary of prior budget estimates and actual performance.

As noted above, performance for the prior two fiscal years far exceeded the initial budget estimate.
 FY 2023/24 Non-NFL Events Revenue: Preliminary Budget Estimate $4.5 million / Actual $8.3 million
 FY 2024/25 Non-NFL Events Revenue: Preliminary Budget Estimate $6.0 million / Projected Actual $9.3 million

 Payments to the City’s General Fund are programmed at $6.4 million in FY 2025/26 for performance rent ($2.2 million), excess revenue distribution ($3.0 million), ground rent ($1.0 million), and Senior/Youth fees ($270,000).
 Non-NFL Ticket Surcharge revenue is projected to increase $2.3 million, reflecting the increase from of the surcharge from $4 to a minimum of $8 for tickets sold in FY 2025/26 for certain events.
 Public Safety cost reimbursements over the agreed-upon threshold for FY2025/26 is $2.1 million; $2.0 million will be paid for from the Public Safety Cost Reserve, and $100,000 will be paid from the Discretionary Fund.
 Public Safety Costs 2024 Outstanding Balance paydown of $3.0 million from Excess Revenues which will leave an end balance of $2.6 million at the end of FY2025/26.  Levi’s® Naming Rights expense of $1.7 million includes the Authority’s obligations under its Naming Rights Agreement with Levi’s ® to provide suite and tickets to the six 2026 World Cup soccer matches. The Stadium Authority will receive a $4 to $6 surcharge per ticket sold for the six 2026 World Cup events, with projected revenues (including any backfill if less than $6 is charged) of $2.1 million in FY 2026/27. These revenues will be allocated 50% to Stadium Authority general revenue and 50% to the Discretionary Fund.  Capital Expense (CapEx) Reserve Fund Balance is budgeted to have a balance of $2.6 million by the end of FY2025/26. Staff is proposing that the Stadium Authority contribute an additional $1.0 million to the CapEx fund above contractual requirements to provide additional resources for unanticipated expenses. Stadium Authority will continue to provide oversight and work with ManCo to ensure the projects with the highest priority, and needs are addressed within the five-year CapEx plan. StadCo has conducted a Facilities Condition Assessment SCSA

SANTA CLARA STADIUM AUTHORITY
Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025 7 (FCA), funded at their expense, to help facilitate long-term financial planning, operational efficiency, and structural integrity. The FCA identifies necessary repairs, capital improvements, and compliance requirements while optimizing maintenance costs and resource allocation.

The Stadium Authority will undertake a vetting of the FCA once complete. It is important to note that the current capital reserve balance is far below an appropriate level and increasing this balance should be a major focus of future budgetary and capital project planning.  Proposed Capital Expenditures totaling $18.6 million, including general building, security, furnishings and equipment, and public safety investments. The Authority will oversee and collaborate with ManCo to prioritize projects within the five-year CapEx plan. The FCA will aid long-term financial planning, operational efficiency, and structural integrity. Once complete, the Stadium Authority will review the FCA. Given the low capital reserve balance, increasing reserves will be a key focus in future budget and capital planning.  General and Administrative Budget funding 8.7 full-time equivalent positions totaling $3.3 million. This is a baseline level of support necessary for Stadium Authority operations and reflects an estimate of staff time necessary for FY 2025/26 activities. This budget also included positional changes to reflect a staff reclassification that took place during the current fiscal year, conversion of an existing Assistant to the City Manager to a Deputy City Manager position.
 Debt Service payments of $20.6 million, including debt related to the Community Facilities District (CFD) Advance ($3.5 million) and Term A Loan ($17.1 million).  Renovation/Demolition Reserve is budgeted to have a balance of $49.2 million by the end of FY 2025/26. This reserve is over half of the $70 million required, because of contributions from excess revenues that have been generated in recent years. The flow of excess revenues was revised to 50% as part of the 2024 Settlement Agreement. As a result, the flow to this reserve is reduced, and the full funding of this reserve is now forecasted for FY 2030/31.

KEY ISSUES / THEMES IN THE PROPOSED BUDGET

There are several key issues / themes highlighted below that contribute to the Proposed Budget.

Super Bowl LX & FIFA World Cup 2026 – Levi's® Stadium is scheduled to host Super Bowl LX on February 8, 2026 and six FIFA World Cup 2026 events between June 13 – July 1, 2026. These events have required significant pre-planning efforts, negotiation and execution of various agreements, and coordination with the NFL, FIFA, Bay Area Host Committee (BAHC), ManCo, and other organizations.

In February 2025, the City Council/Stadium Authority Board approved the FIFA World Cup 2026 Assignment and Assumption Agreement and Guaranty of Certain FIFA World Cup 2026 Obligations (World Cup Agreements). The World Cup Agreements assign all obligations to the BAHC with the exception of the Stadium Authority’s obligations under its Naming Rights Agreement with Levi’s® to provide suite and tickets to the six 2026 World Cup soccer matches that will be held at Levi’s® Stadium. The World Cup Agreements include a commitment from the BAHC to reimburse the City for all event-related security, emergency response, transportation management and related costs (collectively, “public safety costs”). A financial guaranty from the Forty Niners Football Company, LLC (TeamCo) for public safety costs, payments for field improvements, and third-party approval/buyout costs is also included in the World Cup Agreements.

Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025 8 While the management and administrative costs and the Stadium Authority’s obligations to Levi’s® under the Naming Rights Agreement is included in this budget, it should be noted that this budget does not include the full costs to host Super Bowl LX and the six FIFA World Cup 2026 soccer matches. For example, the public safety costs and public safety reimbursements related to these events will be included in the City’s budget. In preparing for these world-class events, it is key to ensure that the City continues its compliance with Measure J, which requires that the City be reimbursed for all City-related services and event costs for Levi’s® Stadium. The World Cup Agreements are a key risk mitigating factor for the City and Stadium Authority Staff and BAHC are in the final stages of negotiating the terms of the Super Bowl LX Interim Funding Agreement, a short- term financial arrangement designed to provide temporary funding for qualified event expenses. This interim agreement ensures that necessary event-related costs are covered efficiently and without delay, maintaining operational continuity while the League Agreement—a more comprehensive financial framework between the 49ers, BAHC, and the City—is being finalized. The League Agreement will establish long-term financial responsibilities, revenue allocations, and governance structures to ensure sustainable funding and accountability for major events at Levi’s® Stadium.

2024 Settlement Agreement – In May 2024 the Board and City Council accepted terms for settlement of longstanding disputes with the 49ers over Stadium Authority obligations to reimburse the 49ers for “buffet costs” for certain NFL game ticket holders, and to reimburse “public safety costs” paid by the 49ers to the City above a contractual public safety costs “threshold”. To implement this 2024 Settlement Agreement, amendments to the Stadium Lease between the Stadium Authority and StadCo and the Ground Lease between the Stadium Authority and the City were required.

Additionally, those lease amendments required the consent of the National Football League (NFL) and Stadium Lenders in order to become final and effective. On December 28, 2024, the NFL and the Lenders provided their consent to the two lease amendments, which then made 2024 Settlement Agreement terms final and effective as well.

The 2024 Settlement Agreement and Lease amendments included the following terms:

 NFL Public Safety Costs (PSC) paid by StadCo to City that exceeded the threshold for FY 2017/18 through FY 2023/24 (and were therefore due and payable by Stadium Authority to StadCo) to be reduced from $15.5 million to $14.8 million (Public Safety Cost 2024 Outstanding Balance).
 Instead of offsetting Performance Rent, this PSC 2024 Outstanding Balance is to be paid down out of the Stadium Authority’s Legal Contingency Reserve, and an allocation of future Excess Revenues. It is currently estimated that the PSC 2024 Outstanding Balance will be paid off in FY 2027/28.
 NFL Public Safety Cost Threshold to be increased in FY 2024/25 from $251,000 per game to $360,000 per game, with 4% annual increases thereafter.  Non-NFL Event Ticket Surcharge to be increased from $4 per ticket to a minimum of $8 per ticket starting in FY 2025/26, with a $1 per ticket increase every four years thereafter. This incremental surcharge revenue will be used to reimburse any future Public Safety Costs that exceed the Threshold, thereby increasing Performance Based Rent.  The Performance Based Rent formula was revised to allow for a higher Performance Based Rent paid to the City even when public safety credits are due.

Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025
9  Public Safety capital expenditure depreciation for Non-NFL events will be reimbursed to the Stadium Authority.
 The 49ers claim against the Stadium Authority for $6.8 million in accrued NFL buffet costs for certain Legacy SBL holders from the beginning of Stadium operations through FY 2023/24 was waived in its entirety.
 Starting with FY 2024/25 the NFL buffet costs will be a flat fee, which reduces the Stadium Authority’s financial liability. The Stadium Authority will pay a flat fee of $90,000 per game for the buffet in FY 2024/25 and this will increase by 3% annually. Stadium Authority is provided audit rights.
 The Senior and Youth Program Fee will increase from $0.35 per ticket with an annual cap of $250,000 to $0.40 per ticket with a $300,000 annual cap starting in FY 2024/25. This fee will increase by $0.05 per ticket every ten years and the annual cap will also increase by $50,000 every ten years. These fees support the City’s senior and youth programs provided by the Parks and Recreation Department.
 Stadium Authority Excess Revenues originally were required to fill the $70 million Renovation/Demolition Reserve Fund before they could flow to the City’s General Fund. The settlement agreement restructures the excess revenue waterfall so that 50% of the funds will continue to fill the Renovation/Demolition Reserve Fund. The remaining 50% is split evenly between repaying StadCo the PSC 2024 Outstanding Balance and releasing funds to the Stadium Authority for payment to the City’s General Fund.

All these terms have been assumed in the development of the Stadium Authority’s FY 2025/26 proposed budget.

Non-NFL Events and Marketing Plan – Over the past three years ManCo has had success in booking profitable major events such as concerts and soccer matches in addition to smaller, non- ticketed special events that have brought in net revenues for the Stadium Authority.

FY2022/23
Actual
FY2023/24
Actual
FY2024/25
Projection
FY2025/26
Budget
$8,809,167 $8,266,685 $9,250,000 $5,300,000

The Net Non-NFL Event Revenue is budgeted at $5.3 million in FY 2025/26 which assumes two (2) soccer matches, six (6) concerts and 50 non-ticketed events. This is 43% lower than the FY 2024/25 projection of $9.3 million which included five (5) soccer matches, three (3) concerts and an estimated 60 non-ticketed events. Historically, actual performance has exceeded the preliminary budget projection based on additional event bookings that may occur after the start of the fiscal year. The events in FY2024/25 also had high ticket prices which resulted in large sums of cash accruing bank interest leading up to the events which will not always be the case from year to year.

The Executive Director’s Office will continue to provide oversight and work with ManCo to strive to book events that maximize net revenue per event through various efforts, including refining and implementing the Marketing Plan with emphasis in the following areas:

 Enhance Levi’s ® Stadium and Santa Clara’s reputation to attract ticketed and non-ticketed Non-NFL major and private events.

SCSA

SANTA CLARA STADIUM AUTHORITY
Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025 10  Develop an integrated marketing plan with Discover Santa Clara to increase sales and improve organizational efficiency.
 Leverage best-in-class attribution tools that track successful outcomes to specific marketing strategies and tactics.
 Retain a consultant to conduct a Stadium Market Trend Analysis, and evaluate non-NFL event marketing, industry trends, booking strategies, and profitability models. The report will provide key performance indicators (KPIs), best practices, and expert insights to optimize event success and maximize revenue and community benefits.

The goal of the aforementioned strategies is to ensure that Levi’s® Stadium remains a top-tier venue for both NFL and Non-NFL events while maximizing revenue potential for Santa Clara.

Levi’s® Naming Rights Signage Replacement – The Stadium Authority entered into a Naming Rights Agreement with Levi Strauss & Co. (Levi’s®) in 2013. In 2024, the First Amendment to the Naming Rights Agreement extended the original agreement an additional 10 years ending on February 29, 2044. The original Naming Rights Agreement and its First Amendment provided for an annual payment to the Stadium Authority in exchange for exclusive naming rights and branding at the stadium for 30 years. Levi’s® has made annual payments to Stadium Authority that increase by 3% each year with the first year being $5.74 million. The total naming rights revenue over the 30-year term is $273.1 million.

With respect to FIFA World Cup 2026, under the terms of Stadium Authority’s Naming Rights Agreement with Levi’s® as well as the Assignment and Assumption Agreement, Stadium Authority shall be responsible for purchasing on behalf of Levi’s® for each World Cup Match, the Levi’s® suite and ticket allocation to which Levi’s® is entitled. The estimated and not to exceed costs for such purchase is approximately $1.6 million.

As part of the First Amendment to the Naming Rights Agreement, the Stadium Authority agreed to replace the existing Levi’s® Naming Rights signage. This includes the Suite Tower Marquee Sign on the West side of the stadium, the Façade Marquee Sign on the East side of the stadium and the signs above each of the two scoreboards facing the inner bowl of the stadium. The Stadium Authority also negotiated a Naming Rights Extension and Enhanced Signage Project Implementation Agreement (Implementation Agreement) with StadCo whereby the costs for this signage project will be shared with StadCo. Under this agreement the Stadium Authority will cover the first $2.0 million in costs all project costs in excess of $2.0 million will be shared seventy percent (70%) Stadium Authority and thirty percent (30%) StadCo. The preliminary estimate for the Enhanced Signage Project was $3.0 million with the Stadium Authority’s portion being $2.7 million. The FY 2024/25 Capital Expense Proposed Budget included a request for the Levi’s® Naming Rights Enhanced Signage Project in the amount of $2.7 million plus a 5% contingency (totaling $2.8 million).

In FY 2024/25, ManCo completed a competitive solicitation process for this project and the total estimate came in higher than the preliminary estimate of $3.0 million. In December 2024, the Enhanced Signage Project was approved by the Board. The updated estimated cost for this project was $4.7 million with the Stadium Authority’s portion being $3.9 million. All work associated with the North and South interior signs is scheduled to be complete by June 2025 and the East and West exterior signage is scheduled to be completed by December 2025. This Enhanced Signage Project Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025 11 and its related costs are included in the Stadium Authority FY 2025/26 Capital Expense budget.

Capital Expense Reserve – Levi’s® Stadium continues to be a world-class sports and entertainment facility, however it is entering its 12th year of operations so various systems within the stadium are reaching end-of life and finishes are showing signs of wear. To cover CapEx costs, the Stadium lease sets forth requirements for contributions to its CapEx Reserve from Operations and from Excess Revenue each year. Staff recommends that the Stadium Authority contribute an additional $1.0 million to the CapEx fund beyond contractual requirements to cover unexpected expenses. The Authority will oversee and collaborate with ManCo to prioritize projects within the five-year CapEx plan. StadCo has funded a Facilities Condition Assessment (FCA) to aid long-term financial planning, operational efficiency, and structural integrity. Once complete, the Stadium Authority will review the FCA. Given the low capital reserve balance, increasing reserves will be a key focus in future budget and capital planning.

10-Year Forecast – In June 2024, the Santa Clara County Civil Grand Jury published a report entitled, “Outplayed: Measure J, the City of Santa Clara, and the San Francisco 49ers” (Civil Grand Jury report). This report detailed the Civil Grand Jury’s findings and, in some cases, recommendations. One of the findings was that Measure J’s promise to protect the City’s General Fund had been realized and that the funding structure from the Stadium Lease allowed the Stadium Authority to pay down debt and fund required reserves faster than originally planned.

The recommendation associated with this finding was for the City Council and Stadium Authority Board to be mindful of the long-term financial health of the Stadium Authority and for the Treasurer to prepare a long-term plan for funding the required Stadium Authority reserves, including reserves for capital improvements. In line with this recommendation, the FY 2025/26 budget includes a new 10-Year Forecast section. This section outlines a 10-year projection of:

 Operating Revenues and Expenses
 Debt Service Activity
 Use of Excess Operating Revenue
 Reserve Activity
 Overall General Fund Impact

Stadium Authority Excess Revenue is determined at the end of each FY based on cash flows.

Therefore the 10-Year Forecast is a cash-based model so there will be timing variances between the Operating, Debt Service and Capital Expense Budgets versus the 10-Year Forecast. This new long- term forecast will provide staff and City Council/Stadium Authority Board with an additional tool to inform decisions and continue to provide oversight.

STADIUM AUTHORITY FY 2025/26 WORK PLAN

General & Administrative funding in the amount of $4.7 million provides for staffing and consultant resources required to implement the Stadium Authority FY 2025/26 Work Plan. The FY 2025/26 Work Plan outlines the Stadium Authority’s priorities for the year based on previous Board direction and anticipated work efforts. Within the context of continuing to support ongoing Stadium Authority operations, the following summarizes new work efforts:

Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025
12  Capital Projects – Continue to provide capital projects oversight and structure, including the Levi’s® Naming Rights signage enhancement and bowl modifications projects, with the goal of facilitating coordination with City staff, increasing transparency, ensuring compliance with state and local laws, and effectively managing priority project timelines and budgets.

 Levi’s ® Stadium Marketing Plan - Review the Marketing Plan in collaboration with ManCo and a retained consultant to ensure alignment with the SCSA’s broader goals. This review will analyze current marketing strategies and provide strategic oversight. Key focus areas include evaluating marketing and branding consistency, assessing media plans for efficiency and Return on Investment (ROI), and interpreting performance data to identify trends and opportunities for improvement.

 Stadium Market Trend Analysis Report – The Stadium Authority has retained a consultant to complete a Stadium Market Trend Analysis that examines how large multi-purpose stadiums market and promote Non-NFL events, structure their marketing plans, and assess industry trends, profitability, and key performance metrics. This analysis will provide insights to benchmark performance.

 Super Bowl LX and FIFA World Cup 2026 - Ongoing efforts by the City and Stadium Authority to support these large events involve numerous crucial aspects such as the negotiation and implementation of agreements and documents with the Bay Area Host Committee to confirm that City costs are covered to ensure compliance with Measure J, and the City and Stadium are ready to host the events. These activities are part of a broader scope of work that includes significant stadium capital projects aimed at enhancing and maintaining the facility to meet current standards and future needs.

SUMMARY

The Proposed FY 2025/26 Operating, Debt Service, and Capital Budget is a balanced budget which provides the funding required to operate and maintain Levi’s® Stadium as well as service the Stadium Authority’s debt and build its reserves. This includes the resources needed to fully reimburse the City for the general and administrative support it provides to the Stadium Authority. Operating revenues are projected to increase by 5% overall and operating expenses are projected to decline by 10% allowing the Stadium Authority to maintain its fiscal strength.

The Stadium Authority is focused on a few key work efforts and issues in the coming years. Super Bowl LX and six FIFA World Cup 2026 soccer matches are scheduled to be played at Levi’s® Stadium in 2026. While significant work has been done to protect the City and its General Fund and prepare for these major events, both events are very much part of the Stadium Authority’s FY 2025/26 Work

Plan. The Executive Director’s Office will continue to provide oversight for the day-to-day operations of the Stadium Authority and work with ManCo to strive to maximize net revenues from Non-NFL Events. As Levi’s® Stadium ages, there will continue to be a need to manage the CapEx reserve and continually evaluate the capital projects required to maintain the Stadium. Lastly, it is great to see that the 10-Year Forecast show the Stadium Authority financial outlook to be strong, allowing for contributions to the City’s General Fund in each of the next ten years.

SCSA

SANTA CLARA STADIUM AUTHORITY
Honorable Board Chair and Stadium Authority Board
Re: Proposed Fiscal Year 2025/26 Operating, Debt Service and Capital Budget March 11, 2025
In closing, I want to thank Stadium Authority staff from multiple departments that worked together as a team in preparing this document. Although there are certain challenges ahead, this budget provides a financial path that will allow the Stadium Authority to successfully oversee the operation and management of Levi's® Stadium to ensure that it continues to be a first-class sports and entertainment venue that will once again host major events of a global magnitude in the upcoming years .

Respectfully submitted,
SCSA
\edAl MA I lilt ilt 'I)'
13 14

Introduction
This Santa Clara Stadium Authority (Stadium Authority) Budget Report provides information covering the Proposed Fiscal Year 2025/26 Operating, Debt Service, and Capital Budget as well as comparative data from prior fiscal years. Estimated revenue and expense information (three quarters of actuals and one projected quarter) included in this report for FY 2024/25 is unaudited and, therefore, subject to change as a result of final results and the annual audit conducted by an external and independent auditing firm.

In addition to this report, the Stadium Authority produces annual financial statements within six months of the fiscal year-end (March 31st). These financial statements are audited by an external auditing firm and presented to the Stadium Authority’s Audit Committee and the Stadium Authority Board (Board). Once presented to the Board, the financial statements are published on the Stadium Authority’s web page. The FY 2024/25 audited financial statements will be presented to the Board by the end of September 2025.

The Stadium Authority is structured so that the City of Santa Clara (City) is not liable for the debts or obligations of the Stadium Authority.

All services provided by the City to the Forty Niners Stadium Management Company (ManCo or Stadium Manager) or the Stadium Authority are fully reimbursed. Types of services include the following:

 Administrative General Fund costs that are spent during operations are separately tracked using special account codes in the City’s financial system and all such costs are billed for reimbursement.
 General Fund public safety costs for NFL and Non-NFL events are separately tracked and all such costs are billed for reimbursement.

Methodology
Information provided in this report is based in part on documentation submitted by ManCo on January 31, 2025. The Capital Budget includes proposals by both the Stadium Authority and Stadium Manager. Per Section 4.6 of the Management Agreement, ManCo is required to submit a budget 45 days prior to the start of the fiscal year.

GE NE R AL INF O RM AT I O N

15 The seven elected members of the City Council serve as the governing Board of the Santa Clara Stadium Authority with the Mayor serving as Chairperson of the Authority.

In addition, City of Santa Clara staff serve as Officers of the Stadium Authority with the City Manager serving as the Executive Director.

O R G A NI Z ATI O N A L C H A R T
Stadium Authority Board
Stadium Authority Counsel
City Attorney's Office

0.55 FTE

0.30 City Attorney

0.20 Chief Assistant City Attorney

0.05 Risk Manager
Auditor

0.05 FTE
Executive Director
Executive Director's Office

4.15 FTE

0.20 Executive Director

0.01 Chief Operating Officer

0.80 Assistant City Manager (2)

0.70 Deputy City Manager

0.13 Public Information Office r

0.05 Comm & Outreach Manager

1.73 Management Analyst (3)

0.05 Execut ive Assistant

0.05 Emergency Services Officer

0.30 Development Project Manager

0.03 Deputy City Manager /Director of
Economic Development & Sustainability

0.10 Other CMO Admin & Comm
Human Resources

0.06 FTE

0.02 Director of Human Resources

0.02 Assistant Director of Human
Resources

0.02 Human Resources Division Manager
Public Works

0.06 FTE

0.03 Dir. of Public Works/City Eng.

0.03 Other Public Works Administration
Community Development

0.04FTE

0.03 Dir. of Community Development

0.01 Other Public Works Administration
Treasurer
Finance

3.23 FTE

0.20 Director of Finance

0.20 Assistant Director of Finance

0.10 Purchasing Division Manager

0.05 Contracts Manager

0.02 Principal Accountan t/Financial
Analyst

0.65 Accounting Division Manager

1.00 Management Analyst

1.00 Accounting Tech II

0.01 Other Finance Admin
Secretary
Assistant City Clerk's Office

0.50 FTE

0.20 Assistant City Clerk

0.15 Deputy City Clerk

0.10 Deputy City Cler k/Records Manager

0.05 Other CC Admin
Information Technology

0.06 FTE

0.01 Director of Information Technology /
CIO

0.02 Sr. Information Tech Svs Manager

0.02 Information Technology Svc Mgr

0.01 Other IT Admin

16 The San Francisco 49ers played one (1) pre-season and nine (9) regular season National Football League (NFL) games in FY 2024/25. Ticket sales resulted in approximately $14.6 million of NFL ticket surcharge revenue to the Stadium Authority (based on the 10% NFL ticket surcharge on each ticket sold) for the one (1) pre-season and nine (9) regular season games. Stadium Authority also collected $279,000 of Senior and Youth Program Fees (based on $0.40 per NFL game ticket, with a maximum of $300,000) that are collected and forwarded to the City.

To meet the contractual parking requirements for events at Levi’s® Stadium, offsite parking lots are used. These lots are above and beyond the City owned parking lots that are available. Third-party operators who wish to operate an offsite parking lot for sports or entertainment venues are required to secure approvals through the City’s permitting process. If approved, per the City’s Municipal Fee Schedule, these operators remit an offsite parking fee for each car that is parked This fee is $6.71 for the City’s FY 2024/25 (July 1, 2024 through June 30, 2025). This fee was designed to recover the public safety costs associated with these permitted offsite parking lots. Therefore, when invoicing for NFL or Non-NFL public safety costs for a particular event held at Levi’s® Stadium, the offsite parking fee that is collected for such event partly offsets the total public safety costs owed for that event. The offsite parking fees are projected at about $801,000 in FY 2024/25.

NFL EV E N T HI G HL I G H T S - YE A R I N RE V I E W

17 As of this report, there were eight (8) public Non-NFL events held at the Stadium. A total of 342,414 tickets sold in FY 2024/25 for the eight events, resulted in $1.4 million in Non-NFL event ticket surcharge revenue (from the $4 per ticket Non-NFL event surcharge).

There were also 30 smaller events held with 15,656 total attendees in the first two quarters of FY 2024/25. Examples of these special events include corporate events of various sizes, weddings, holiday parties, etc.

The table below shows the Non-NFL events, event date and tickets sold for each event.

Event Date Tickets Sold Earthquakes vs LAFC Soccer 5/4/2024 37,054 Luke Combs Concert Day 1 5/17/2024 48,130 Luke Combs Concert Day 2 5/18/2024 48,826 Ecuador vs Venzuela Soccer 6/22/2024 26,254 Brazil vs Colombia Soccer 7/2/2024 65,766 Rolling Stones Concert 7/17/2024 47,405 Chelsea vs Wrexham Soccer 7/24/2024 29,609 Earthquakes vs Chivas Soccer7/27/202445,436 Total to date 348,480 2024/25 Non-NFL Events

NO N-NFL EV E N T HI G HL I G H T S - YE A R I N RE V I E W

18 The Stadium Authority is considered to have Excess Revenues if the Stadium Authority revenues exceed expenses in a lease year. The Excess Revenues are required to be distributed in the order as set forth in Article 14 of the Stadium Lease agreement. The below Excess Revenues flow chart shows the order of distribution.

E X CE S S RE V E N UE S DI S T RI B U TI O N

1. Payoff any outstanding Management Company
Revolving Loan
(Section 14.1 of the Agreement)

3. Fund Stadium Capital Expenditure Reserve up to $1
million
(Section 14.3 of the Agreement)

2. Fund future Stadium Authority Expenses up to $2
million
(Section 14.2 of the Agreement)

4. Fund Operating Expense Reserve up to $10 million
(Section 14.4 of the Agreement)

5. Repay any outstanding principal balance on the
Subordinate Loan
(Section 14.5 of the Agreement)
Not Applicable - The Stadium
Authority does not have any
outstanding Revolving Loan
Completed in Fiscal Year 2014/15
Annual Contribution
Completed in Fiscal Year 2014/15
Completed in Fiscal Year 2022/23
Excess Revenues Distribution Order
(Per Article 14 of the Agreement)

6. Fund Operating Expense Reserve up to $20 million
(Section 14.6 of the Agreement)

7. Fund Renovation/Demolition Reserve (50% of remaining revenues) if the balance is less than $70 million
(Section 14.7 of the First Amendment Agreement)

8. Public Safety Cost 2024 Outstanding Balance (50% of
remaining revenues) until paid off
(Section 14.7 of the First Amendment Agreement)
Completed $20 million contribution
in Fiscal Year 2022/23.

Annual 3% Contribution is Ongoing
In Progress
Future Allocation - Distributions in
the sections above will have to be
met before using excess cash for
this section.

9. Any remaining revenues can be used to pay Stadium
Authority Discretionary Expense, or for any purpose
including distribution to constituent partners of the
Stadium Authority, including the City's general fund
(Section 14.8 of the First Amendment Agreement)
In Progress
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19 A summary of the Stadium Authority’s FY 2025/26 Excess Revenue Cash Reserves is as follows:

2023/24 2024/25 2025/26Year-end Projected ProjectedBeginning BalanceCapital Expenditures Reserve (1)22,525,031$ 19,260,455$ 14,681,455$ Operating Reserve(2)25,335,402 26,095,464 26,878,464 Renovation/Demolition Reserve 5,323,390 31,440,735 43,226,735 Total Beginning Balance 53,183,823$ 76,796,654$ 84,786,654$ Transfers In from OperatingContribution to Capital Expenditures Reserve 2,609,546$ 4,263,000$ 3,769,000$ Contribution from Excess Revenue: Capital Expenditures Reserve 1,304,773 1,344,000 1,384,000 Operating Reserve 760,062 783,000 806,000 Renovation/Demolition Reserve 26,117,345 11,786,000 5,943,000 Total Transfers In 30,791,726$ 18,176,000$ 11,902,000$ ExpensesCapital Expenditures 7,178,895$ 10,186,000$ 17,061,000$ Total Expenses 7,178,895$ 10,186,000$ 17,061,000$ Ending BalanceCapital Expenditures Reserve 19,260,455$ 14,681,455$ 2,773,455$ Operating Reserve 26,095,464 26,878,464 27,684,464 Renovation/Demolition Reserve 31,440,735 43,226,735 49,169,735 Total Ending Balance 76,796,654$ 84,786,654$ 79,627,654$ (1) Capital Expenditures Reserve balance excludes the balance in the Authority Construction Account for Stadium Warranty Related Construction.(2) Beginning FY 2023/24 cash balance was adjusted to reflect actual results, which exclude interests and fees.

Santa Clara Stadium AuthorityExcess Revenue Cash Reserves Summary

EX CE S S RE V E N UE S DI S T RI B U TI O N (C O N T.)

20 The Stadium Authority FY 2025/26 Budget covers the Stadium Authority’s twelve-month fiscal year which runs from April 1, 2025 through March 31, 2026.

Charts are included below as a comparison of revenue and expenditure categories between the FY 2025/26 Proposed Budget and FY 2024/25 Projected Actual performance.

Revenues

 FY 2025/26 total budgeted revenues of $66.2 million include $24.8 million in facility rent, $5.2 million in SBL proceeds, $15.0 million in NFL ticket surcharge, $8.1 million in naming rights revenue, $5.3 million in net revenues from Non-NFL events, $3.4 million in Non-NFL events ticket surcharge, $3.4 million in interest revenue, and $1.0 million in other revenues.

 Non-NFL Events Ticket surcharge revenues are projected to increase by $2.0 million or 146%, from $1.4 million in FY 2024/25 to $3.4 million in FY 2025/26. As a part of the 2024 Settlement Agreement, non-NFL event ticket surcharge will increase from $4 per ticket to a minimum of $8 per ticket starting in FY 2025/26. This incremental surcharge revenue will be used to reimburse public safety costs that exceed the threshold.

 Net revenues from non-NFL events are projected to be $5.3 million in FY 2025/26, based on an estimate of six (6) concerts, two (2) soccer events, and non-ticketed events. Historically, actual performance has exceeded the preliminary budget projection based on additional event bookings that may occur after the start of the fiscal year.

 Interest earnings are received based on bank cash balances and current interest rates.

Lower interest earnings are budgeted because of lower projected cash balances due to payments that were made in FY 2024/25 related to the 2024 Settlement and greater budgeted CapEx expenses in FY 2025/26.

 SBL Proceeds are expected to continue to decrease from year to year. Original customers who purchased SBLs on a financing plan when the stadium first opened have completed their payments.

STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T
RevenuesFY 2024/25 Projected ActualsFY 2025/26 Proposed BudgetVariance ($)Variance (%)NFL Ticket Surcharge 14,595,000$ 15,034,000$ 439,000$ 3.0%SBL Proceeds 7,969,000 5,156,000 (2,813,000) (35.3)%Interest 5,435,000 3,421,000 (2,014,000) (37.1)%Net Revenues from Non-NFL Events 9,250,000 5,300,000 (3,950,000) (42.7)%Naming Rights 7,830,000 8,065,000 235,000 3.0%Sponsorship Revenue (STR) 837,000 722,000 (115,000) (13.7)%Rent 24,762,000 24,762,000 - 0.0%Senior & Youth Program Fees 279,000 270,000 (9,000) (3.2)%Non-NFL Events Ticket Surcharge 1,394,000 3,426,000 2,032,000 145.8%Non-NFL Events PSC Depreciation Reimbursement 291,000 89,000 (202,000) (69.4)%Total Revenues72,642,000$ 66,245,000$ (6,397,000)$ (8.8)%

21 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T (C O NT.) Expenses

 The Operating Budget includes the Stadium Authority’s share of expenses covered under the Management Agreement in the amount of $14.0 million, along with $24.1 million for operating expenses, including funds to reimburse the City for its staff support, ground rent, performance rent, Senior and Youth Program Fees, funding for SBL sales and service, buffet costs, insurance, payments for public safety costs over threshold, paydown of the PSC 2024 Outstanding Balance and transfer to the City’s General Fund from excess revenues and other expenses.

As shown in the table above, $17.6 million will be transferred from the Operating Fund to the Debt Service Fund for principal and interest debt service payments. The remaining $5.2 million will be transferred to the Capital Expenditure Fund for Stadium capital improvements.

 Shared Stadium Manager Expenses is proposed to increase by $435,000 or 3% from $13.6 million in the prior year budget to $14.0 million.

 SBL Sales and Service are projected to decrease by $287,000 or 11% from the current year's actual projections. This decrease is due to decreases for Stadium Manager staff, SBL sales, and general and administrative costs.

Fund Transfers Out Transfers InOperating 22,799,000$ -$ Debt Service - 17,646,000 Capital Expenditure Fund- 5,153,000 Total22,799,000$ 22,799,000$ ExpensesFY 2024/25 Projected ActualsFY 2025/26 Proposed BudgetVariance ($)Variance (%)Shared Stadium Manager Expenses 13,363,000$ 13,989,000$ 626,000$ 4.7%SBL Sales and Service 2,611,000 2,324,000 (287,000) (11.0)%Buffet Costs 900,000 927,000 27,000 3.0%Senior & Youth Program Fees (paid to City) 279,000 270,000 (9,000) (3.2)%Ground Rent (paid to City) 1,000,000 1,000,000 - 0.0%Performance Rent (paid to City) 11,450,000 2,150,000 (9,300,000) (81.2)%Discretionary Fund Expense - 250,000 250,000 N/AUtilities 1,711,000 1,796,000 85,000 5.0%Use of StadCo Tenant Improvements 172,000 106,000 (66,000) (38.4)%Stadium Authority General & Administrative 2,682,000 4,172,000 1,490,000 55.6%Stadium Authority Legal Services 479,000 515,000 36,000 7.5%Naming Rights Expense 136,000 1,724,000 1,588,000 1167.6%Other Expenses 696,000 763,000 67,000 9.6%PSC Over Threshold 2,312,000 2,143,000 (169,000) (7.3)%PSC 2024 Outstanding Balance 9,214,000 2,972,000 (6,242,000) (67.7)%Transfer to City General Fund from Excess Revenues 5,893,000 2,972,000 (2,921,000) (49.6)%Total Expenses52,898,000$ 38,073,000$ (14,825,000)$ (28.0)%

22 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T (C O NT.)

 Performance Rent paid in FY 2024/25 represents three fiscal years of payments following the 2024 Settlement Agreement. The $2.2 million projected in FY 2025/26 represents the performance rent based on $5.3 million in Non-NFL Event Revenue.

 Stadium Authority General & Administrative costs total $4.7 million, an increase of $399,000 or 9% when compared to the prior year budget of $4.3 million. This increase is mainly due to an increase in staffing support. These costs are further described in detail on page 27 of this report.

 Levi’s® Naming Rights expense of $1.7 million includes the Authority’s obligations under its Naming Rights Agreement with Levi’s® to provide suites and tickets to the six 2026 World Cup soccer matches.

 Public Safety Cost reimbursements and General Fund transfers from Excess Revenue reflect the current FY 2024/25 projected actual activity and FY 2025/26 budget based on operations.

Historically, after the fiscal year begins, strong revenue performance and/or expenditure savings will result in higher Excess Revenue transfers by the end of the year.

Reserves

 The build-up of reserve balances in accordance with the First Amendment to the Amended and Restated Stadium Lease Agreement is projected to continue for FY 2025/26. Additional details can be found in the Excess Revenue Distribution section and Stadium Authority Operating Budget Glossary, and Excess Revenue, section of this document.

 This budget includes the following reserve balances projected for the end of FY 2025/26:

Operating Reserve ($27.7 million); Renovation/Demolition Reserve ($49.2 million), and Discretionary Fund Reserve ($1.2 million).

23 S TA DI U M A UT H O RI T Y O P E R AT I NG B U DG E T ( C O NT.)

OPERATING REVENUES
$0.7 $0.3
$3.4 I $0.1
$66.2 Million
■ Rent - $24.SM, 38%
■ NFL Ticket Surcharge - $15M, 23%
■ Naming Rights - $8.1 M, 12%
■ SBL Proceeds - $5.1 M, 8%
■ Non-NFL Events Revenue - $5.3M, 8%
■ Non-NFL Event Ticket Surcharge - $3.4M,
5%
■ Interest - $3.4M, 5%
■ Sponsorship Revenue (STR) - $0. 7M, 1 %
■ Senior & Youth Program Fees -$0.3M, <1%
■ Non-NFL Events PSC Depreciation - $0.1 M,
<1%

24 S TA DI U M A UT H O RI T Y O P E R AT I NG B U DG E T ( C O NT.)

OPERATING EXPENSES
$60.9 Million
■ Transfers Out - $22.SM, 37%
■ Shared Stadium Manager Expenses - $14M, 23%
■ Stadium Authority General & Administrative - $4.7M,
8%
■ SBL Sales and Service - $2.3M, 5%
■ Buffet Costs - $0.9M, 5%
PSC 2024 Outstanding Balance - $3M, 5%
■ Transfer to City General Fund from Excess Revenues -
$3M, 5%
■ Performance Rent (paid to City) - $2.2M , 4%
■ PSC Over Threshold - $2.1 M, 3%
■ Utilities - $1.SM, 3%
■ Naming Rights - $1.7M , 3%
■ Other Expenses - $0.7M, 2%
■ Ground Rent (paid to City) - $1 M, 2%
■ Discretionary Fund Expense - $0.3M , 1%
Senior & Youth Program Fees (paid to City) - $0.3M , 1% ■ Use of StadCo Tenant Improvements - $0.1 M, <1%

25 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T (C O NT.)

2023/24 2024/25 2024/25 2025/26Year-end Amended (5)Projected ProposedActuals Budget Actuals BudgetBeginning Fund BalanceDiscretionary Fund Reserve (2)1,667,695$ 2,464,323$ 2,464,323$ 849,323$ Legal Contingency Reserve - Buffet Costs 2,066,749 3,321,116 3,321,116 - Legal Contingency Reserve - Public Safety Costs 4,246,725 7,324,722 7,324,722 - Operating Reserve (2)25,335,402 26,095,478 26,095,464 26,878,464 Renovation/Demolition Reserve (2)5,323,390 31,440,735 31,440,735 43,226,735 Stadium Funding Trust Reserve 3,420,994 3,611,041 3,611,041 5,750,512 Unrestricted 13,880,278 15,915,719 15,915,732 10,134,099 Total Beginning Fund Balance 55,941,233$ 90,173,134$ 90,173,133$ 86,839,133$ RevenuesNFL Ticket Surcharge 12,716,579$ 13,700,000$ 14,595,000$ 15,034,000$ SBL Proceeds 15,424,462 5,057,000 7,969,000 5,156,000 Interest 4,845,464 3,534,000 5,435,000 3,421,000 Net Revenues from Non-NFL Events (4)8,266,685 6,000,000 9,250,000 5,300,000 Naming Rights 7,601,739 7,830,000 7,830,000 8,065,000 Sponsorship Revenue (STR) 835,452 519,000 837,000 722,000 Rent 24,762,000 24,762,000 24,762,000 24,762,000 Senior & Youth Program Fees 250,000 268,000 279,000 270,000 Non-NFL Events Ticket Surcharge 1,593,256 1,149,000 1,394,000 3,426,000 Non-NFL Events PSC Depreciation Reimbursement - - 291,000 89,000 Other Revenue 167,111 - - - Total Revenues 76,462,748$ 62,819,000$ 72,642,000$ 66,245,000$ Total Source of Funds 132,403,981$ 152,992,134$ 162,815,133$ 153,084,133$ Santa Clara Stadium AuthorityOperating Budget Summary

26 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T (C O NT.)

2023/24 2024/25 2024/25 2025/26Year-end Amended (5)Projected ProposedActuals Budget Actuals BudgetExpensesShared Stadium Manager ExpensesStadium Operations (1)3,830,372$ 3,384,000$ 3,323,000$ 3,489,000$ Engineering (1)2,793,094 3,935,000 3,743,000 3,752,000 Guest Services (1)427,205 621,000 517,000 486,000 Groundskeeping (1)465,124 316,000 284,000 550,000 Security (1)1,127,065 1,602,000 1,537,000 1,905,000 Insurance (1)3,327,172 3,427,000 3,427,000 3,530,000 Stadium Management Fee (1)690,607 269,000 532,000 277,000 Shared Stadium Manager Expenses Subtotal 12,660,639$ 13,554,000$ 13,363,000$ 13,989,000$ Other Operating ExpensesSBL Sales and Service (1) & (6)2,429,023$ 2,448,000$ 2,611,000$ 2,324,000$ Buffet Costs (2)- 900,000 900,000 927,000 Senior & Youth Program Fees (paid to City) (1)250,000 268,000 279,000 270,000 Ground Rent (paid to City) (2)495,000 1,000,000 1,000,000 1,000,000 Performance Rent (paid to City) (2)- 9,825,000 11,450,000 2,150,000 Discretionary Fund Expense (3)- 250,000 - 250,000 Utilities (1)1,472,995 1,488,000 1,711,000 1,796,000 Use of StadCo Tenant Improvements (1)138,405 151,000 172,000 106,000 Stadium Authority General & Administrative (3)3,085,799 3,793,000 2,682,000 4,172,000 Stadium Authority Legal Services (3)- 495,000 479,000 515,000 Naming Rights Expense (1)93,618 136,000 136,000 1,724,000 Other Expenses (1)393,342 748,000 696,000 763,000 PSC Over Threshold - - 2,312,000 2,143,000 PSC 2024 Outstanding Balance - 6,473,000 9,214,000 2,972,000 Transfer to City General Fund from Excess Revenues - 3,073,000 5,893,000 2,972,000 Other Operating Expenses Subtotal 8,358,182$ 31,048,000$ 39,535,000$ 24,084,000$ Total Expenses 21,018,821$ 44,602,000$ 52,898,000$ 38,073,000$ Transfers OutDebt Service (2)17,297,708$ 17,471,000$ 17,471,000$ 17,646,000$ Capital Expenditures Reserve (2)3,914,319 4,032,000 4,032,000 5,153,000 Capital Expenditures Reserve - Levi's Naming Rights - 1,575,000 1,575,000 - Total Transfers Out 21,212,027$ 23,078,000$ 23,078,000$ 22,799,000$ Ending Fund BalanceDiscretionary Fund Reserve (2)2,464,323$ 2,789,323$ 849,323$ 1,180,323$ Legal Contingency Reserve - Buffet Costs 3,321,116 - - - Legal Contingency Reserve - Public Safety Costs 7,324,722 - - - Operating Reserve (2)26,095,464 26,878,478 26,878,464 27,684,464 Renovation/Demolition Reserve (2)31,440,735 37,548,576 43,226,735 49,169,735 Stadium Funding Trust Reserve 3,611,041 4,183,645 5,750,512 9,456,000 Unrestricted 15,915,732 13,912,112 10,134,099 4,721,611 Total Ending Fund Balance 90,173,133$ 85,312,134$ 86,839,133$ 92,212,133$ Total Use of Funds 132,403,981$ 152,992,134$ 162,815,133$ 153,084,133$ (1) Recommended by ManagementCo.(2) Amounts are based on payment schedule or calculated as instructed per relevant agreements.(3) Recommended by Stadium Authority staff.(4) Net Revenues from Non-NFL Events are provided by ManCo on a cash basis, and table above reflects accrual basis; ManCo anticipating Net Revenues from Non-NFL Events to range from $4,500,000 to $5,300,000 for FY2025/26. (5) Amended Budget as of January 14, 2025.(6) Stadium Authority staff recommends that the Board’s budget approval reserves the right to modify this budget line item based on these discussions and further assessment.

Santa Clara Stadium AuthorityOperating Budget Summary (Cont.)

27 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T (C O NT.) Stadium Authority Board Duties and Proposed General and Administrative (G&A) Budget

The Board is a public entity responsible for governing the matters concerning Levi’s® Stadium. As such, the Board is responsible for setting policy direction, ensuring implementation of its policy direction and other due diligence requirements through Stadium Authority staff, and auditing/oversight of its policy implementation, as reasonable and necessary.

The administrative budget totals $4.7 million, or 8%, of the Fiscal Year 2025/26 Proposed Stadium Authority Operating Expense Budget of $60.9 million. With this budget, staff will support the Board with its oversight of Levi’s® Stadium per the various agreements with ManCo and StadCo, such as:

1. Uphold fiduciary responsibilities and debt obligations;

2. Maintain a productive and functional business relationship with StadCo as the Tenant of the Stadium;

3. Ensure that Levi’s® Stadium is maintained in the required condition and operated as a quality NFL and multi-purpose public sports, public assembly, exhibit, and entertainment facility;

4. Work collaboratively with the Stadium Manager to hold safe events at Levi’s® Stadium with minimal impacts to the surrounding residential and business community;

5. Continue developing Board policies as required for proper governance and transparency efforts concerning the Stadium Authority oversight efforts;

6. Continue the current noise monitoring program;

7. Implement public safety expert’s recommendations during events held at Levi’s® Stadium;

8. Develop and implement oversight initiatives consistent with public entity organizations;

Stadium Authority staff are responsible for the capital and programmatic oversight and audit of Stadium activities. As part of this budget, the oversight of Stadium activities is allocated primarily to the Executive Director, Stadium Authority Counsel, Auditor, Treasurer, and various supporting professional staff.

As such, the Stadium Authority G&A expense budget of $4.7 million provides the financial means to fulfill the Board’s policy direction and strategic initiatives and manage the day-to-day operations of the Stadium Authority. This is an increase of $399,000 from the FY 2024/25 Amended Stadium Authority General and Administrative Budget of $4.3 million. This increase reflects the latest salary and benefits information, and an updated estimate of all staff time necessary for FY 2025/26 activities.

It should be noted that the upgrade of an Assistant to the City Manager position to a Deputy City Manager position is included in this Proposed Budget.

28 S TA DI U M A UT H O RI T Y O P E R AT I NG B U DG E T ( C O NT.)

A breakdown of the Stadium Authority’s portion of the overall operating expense budget of $60.9 million is shown below.

Expense Type Budget Comments
Staff support 3,318,000$ To support the Stadium Authority with its oversight duties of stadium activities Legal Services 515,000 As needed for outside legal services Audit Services 160,000 Financial and performance audits performed by external auditors Consultants
100,000 Community engagement efforts and/or Board initiatives consistent with the work plan - Noise Monitoring 87,000 Continued noise monitoring of Levi's Stadium Administrative Services 449,000
Laserfiche Repository, Financial Management System, Peoplesoft improvement, Marketing Plan and Trend Analysis, etc
Other Expenses 50,000 Routine office expenses, travel, training, conferences, banking fees, etc Board Stipends 8,000 Stadium Authority meetings Total 4,687,000$
Proposed Stadium Authority FY2025/26 General and Administrative Budget - Community Outreach/Communications/Engagement
Stadium Authority FY2025/26 General and Administrative Budget and Legal Services Budget
■ Staff Support ■ Legal Services ■ Administrative Services ■ Audit Services ■ Community Outreach ■ Noise Monitoring ■ Other expenses ■ Board stipends

29 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY

Accrual Basis Accounting: The method of recording revenues and expenses when they are incurred, regardless of when cash is exchanged.

Buffet Costs: Starting in the 2024/25 lease year, the Stadium Authority will pay StadCo $90,000 for each NFL Game for complimentary buffets. The $90,000 will grow at 3% per year starting in lease year 2025/26. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

Contribution to Operating Reserve: The contributions to the operating reserve are funded by means of excess revenues (see Excess Revenue below). (Source: The Amended and Restated Stadium Lease Agreement).

Discretionary Fund: This is funded by $2 of the Base Non-NFL ticket surcharge (see Non-NFL Event Ticket Surcharge on Page 33) and has been used to cover NFL public safety costs above the public safety cost threshold in the first three fiscal years of operation and other items at the Stadium Authority’s discretion. It is anticipated that the discretionary fund will continue to cover NFL public safety costs above the threshold, as noted in the table below. Stadium Authority may transfer up to half of the balance of the Discretionary Fund over $1.0 million from the Discretionary Fund to the City’s General Fund if (1) adequate provision has been made for the replacement of and upgrades to capital improvements contemplated under the Public Safety Plan and (2) an equal amount is transferred from the Discretionary Fund to Stadium Authority’s operating fund to be included as Stadium Authority Revenue. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

Discretionary Fund Balance SummaryFY 2023/24 Year-end ActualFY 2024/25 Amended Budget (1)FY 2024/25 Projected ActualsFY 2025/26 Proposed BudgetBeginning Balance 1,667,695$ 2,464,323$ 2,464,323$ 849,323$ Contributions from Non-NFL Ticket Surcharge Revenue (2)796,628 575,000 697,000 701,000 Discretionary Fund Expenditures - (250,000) - (250,000) Public Safety Costs Over Threshold - - (2,312,000) (120,000) Ending Balance2,464,323$ 2,789,323$ 849,323$ 1,180,323$ (1) Amended Budget as of January 14, 2025.(2) Amounts are calculated as instructed per relevant agreements.

30 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

Excess Revenue: If Stadium Authority revenue exceeds expenses for any lease year, such excess revenues shall be distributed as described in the table below. This table reflects how the excess revenues are projected to be distributed in the 2024/25 Fiscal Year. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

No.DescriptionAmount FundedNotesProjected Excess Revenues at Year-end 25,699,000.00$ 1 Payment of ManCo Revolving Loan -$ N/A2 Funding Operating Reserve up to $2 Million +3% annually -$ Funding requirement met3 Funding CapEx Reserve an Additional $1 Million +3% annually (1,344,000.00)$ Funding annual CapEx Reserve4 Funding Operating Reserve up to $10 Million +3% annually -$ Funding requirement met5 Prepayment of StadCo Subordinated Loan -$ N/A6 Funding Operating Reserve up to $20 Million +3% annually (783,000.00)$ Funding annual Op Reserve7Funding Renovation/Demolition Reserve up to $70 Million (50% of remaining Excess Revenues per 8a of First Amendment to Amended and Restated Stadium Lease)(11,786,000.00)$ Funding Reno/Demo Reserve8 Public Safety Costs 2024 Outstanding Balance (Half of remaining 50% of Excess Revenues after transfer to Demo Reserve)(5,893,000.00)$ N/A9 Available for Additional Disbursements as described in the Stadium Lease (5,893,000.00)$ N/ABalance of Excess Revenues at Year-end -$ 2024/25 Projected Result - Use of Excess Revenues

31 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

Ground Rent: The City has agreed to lease the land under Levi’s® Stadium to Stadium Authority for an initial term of 40 years. The fixed ground rent schedule is noted below for the 40-year initial term. (Source: Ground Lease Agreement)

Lease Year Fiscal YearAnnual Fixed Ground RentCumulative Total1 2014/15 180,000$ 180,000$ 2 2015/16 215,000$ 395,000$ 3 2016/17 250,000$ 645,000$ 4 2017/18 285,000$ 930,000$ 5 2018/19 320,000$ 1,250,000$ 6 2019/20 355,000$ 1,605,000$ 7 2020/21 390,000$ 1,995,000$ 8 2021/22 425,000$ 2,420,000$ 9 2022/23 460,000$ 2,880,000$ 10 2023/24 495,000$ 3,375,000$ 11 2024/25 1,000,000$ 4,375,000$ 12 2025/26 1,000,000$ 5,375,000$ 13 2026/27 1,000,000$ 6,375,000$ 14 2027/28 1,000,000$ 7,375,000$ 15 2028/29 1,000,000$ 8,375,000$ 16 2029/30 1,100,000$ 9,475,000$ 17 2030/31 1,100,000$ 10,575,000$ 18 2031/32 1,100,000$ 11,675,000$ 19 2032/33 1,100,000$ 12,775,000$ 20 2033/34 1,100,000$ 13,875,000$ 21 2034/35 1,200,000$ 15,075,000$ 22 2035/36 1,200,000$ 16,275,000$ 23 2036/37 1,200,000$ 17,475,000$ 24 2037/38 1,200,000$ 18,675,000$ 25 2038/39 1,200,000$ 19,875,000$ 26 2039/40 1,300,000$ 21,175,000$ 27 2040/41 1,300,000$ 22,475,000$ 28 2041/42 1,300,000$ 23,775,000$ 29 2042/43 1,300,000$ 25,075,000$ 30 2043/44 1,300,000$ 26,375,000$ 31 2044/45 1,400,000$ 27,775,000$ 32 2045/46 1,400,000$ 29,175,000$ 33 2046/47 1,400,000$ 30,575,000$ 34 2047/48 1,400,000$ 31,975,000$ 35 2048/49 1,400,000$ 33,375,000$ 36 2049/50 1,500,000$ 34,875,000$ 37 2050/51 1,500,000$ 36,375,000$ 38 2051/52 1,500,000$ 37,875,000$ 39 2052/53 1,500,000$ 39,375,000$ 40 2053/54 1,500,000$ 40,875,000$

32 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)
Insurance: ManCo procures insurance for Levi’s® Stadium for the entire year and the cost is split between Stadium Authority and StadCo (see Shared Stadium Manager Expenses on Page 37). The Stadium Lease sets the Stadium Authority’s share of insurance expense at $2,550,000 for the first lease year with each succeeding lease year’s insurance expense increasing by 3%. (Source: Stadium Management Agreement & The Amended and Restated Lease Agreement)

Interest: This is interest earned from cash on hand.

Naming Rights: Levi Strauss & Co (Levi’s®) pays an annual naming rights fee to Stadium Authority that increases by 3% each contract year. The initial Naming Rights Agreement covered a 20-year term, however in January 2024 the First Amendment to the Naming Rights Agreement extended the term an additional 10 years. This annual fee is paid in two equal semi-annual installments on or before March 1st and October 1st. (Source: Naming Rights Agreement & The First Amendment to the Naming Rights Agreement)

The Naming Rights Agreement with Levi’s® requires the Stadium Authority to hold at least 36 “Major Events” (with 25,000+ attendees) every three contract years. However, the Second Amendment to the Stadium Management Agreement states that ManCo would pay the Stadium Authority the amount owed by the Stadium Authority to Levi’s®, as liquidated damages. ManCo has acknowledged responsibility for liquidated damages which are paid by ManCo outside the Stadium Authority’s share of Shared Stadium Manager Expenses. During prior discussions between the Stadium Manager and Levi’s®, it was determined based on the contract language that the first contract year began March 1, 2015. As of this report, the current number of Major Events held at Levi’s® Stadium was fourteen (14) through the current three-year period. It should be noted that the periods from March 1, 2018 to February 28, 2021 and March 1, 2021 to February 28, 2024 were both impacted by the COVID pandemic. Stadium Authority will continue to work with ManCo and provide oversight during the period between March 1, 2024 to February 28, 2027 to strive to meet the required 36 “Major Events”. The below table reflects the number of major events from March 1, 2015 to date:

Net Revenues from Non-NFL Events: ManCo provides management services for Levi’s® Stadium year-round. Additionally, ManCo is responsible for booking and scheduling all non-NFL events on behalf of Stadium Authority. ManCo is required by the Stadium Management Agreement to maintain complete and accurate books and records relating to the net income from the non-NFL events. Those records are reviewed by Stadium Authority staff and/or outside consultants and audited by an independent auditor. After the completion of the fiscal year, the net revenues are paid to Stadium Authority by ManCo. (Source: Stadium Management Agreement)

Number of Major EventsMarch 1, 2015toFebruary 28, 201840March 1, 2018toFebruary 28, 202112March 1, 2021toFebruary 29, 202414March 1, 2024toFebruary 28, 20277Naming Rights AgreementThree-Year Periods

33 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

NFL Ticket Surcharge: The Forty Niners Football Company, LLC (the Team) collects a 10% NFL ticket surcharge on the price of admission to all NFL games occurring in Levi’s® Stadium on behalf of Stadium Authority. (Source: Amended and Restated Non-Relocation Agreement)

Non-NFL Event Public Safety Cost Depreciation: Capital expenditure assets used for public safety at Levi’s® Stadium are depreciated quarterly and recognized as a Stadium Authority expense. The depreciation expense has also historically been deducted from non-NFL event revenue provided by ManCo resulting in a double charge. As a part of the 2024 Settlement Agreement, capital expenditure depreciation expenses on Non-NFL events will no longer be deducted from non-NFL event revenue.

Non-NFL Event Ticket Surcharge: Promoters or sponsors of any ticketed non-NFL event that is held at Levi’s® Stadium are required to collect at least a $8 per ticket surcharge with a $1 escalator in FY 2028/29 and every four years thereafter on behalf of Stadium Authority. One-half of the $4 base surcharge that is paid to Stadium Authority covers general stadium operations and the other half funds the Stadium Authority Discretionary Fund. The additional proceeds exceeding the $4 base surcharge will be deposited to the Public Safety Cost Reserve to be used to pay public safety costs exceeding the threshold. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

Other Expenses: Miscellaneous Stadium Authority expenses.

Other Revenue: Miscellaneous Stadium Authority revenues.

Performance-Based Rent: Stadium Authority pays the City performance-based rent on top of the fixed ground rent. After the completion of the fiscal year, net income from non-NFL events are calculated and reported to Stadium Authority by ManCo. With the finalized non-NFL events report, Stadium Authority calculates the performance-based rent to be remitted to the City during July following the Stadium Authority’s fiscal year-end. The basic calculation for the performance-based rent is 50% of the net income from non-NFL events for any given lease year less the sum of Performance-Based Rent Credits. The Performance-Based Rent Credits include (1) 50% of the fixed ground rent for the current lease year, (2) the amount, if any, that the Public Safety Costs exceed the Public Safety Cost Threshold for the current lease year, (3) following the Tax Allocation Termination Date, the amount of Received Possessory Interest Tax (PIT), and (4) the amount of any credit for Disproportionate Taxes for the current lease year. The table below represents a projection of the 2024/25 and 2025/26 fiscal years’ performance-based rent. (Source: Ground Lease Agreement & First Amendment to Amended and Restated Stadium Lease Agreement)

Performance Rent CalculationFiscal Year 2024/25 ProjectionFiscal Year 2025/26 BudgetGround Rent 1,000,000$ 1,000,000$ Net Non-NFL Event Revenue (Expense) 9,250,000 5,300,000 50% of Net Non-NFL Event Revenue (Expense) 4,625,000$ 2,650,000$ Performance Rent Credit from Ground Rent (50% of Ground Rent)(500,000) (500,000) Subtotal4,125,000$ 2,150,000$ Public Safety Credits -$ -$ Other Credits N/A N/A2024 Settlement Agreement Payout for Performance Rent 7,325,000$ -$ Net Performance Rent paid to the City of Santa Clara11,450,000$ 2,150,000$

34 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

Public Safety Costs (PSC) 2024 Outstanding Balance: As part of the 2024 Settlement Agreement, public safety costs over the threshold for FY 2017/18 to FY 2023/24 would not be treated as Credited Public Safety Costs and therefore would not affect the calculation of Performance Based Rent.

Instead, these costs amounting to approximately $14.8 million have been redefined as “PSC 2024 Outstanding Balance” which would be paid from a legal contingency reserve and future excess revenues until paid off. (Source: Settlement Agreement and Mutual Release (Buffet and PSC Arbitration) and First Amendment to Amended and Restated Stadium Lease Agreement).

Public Safety Costs Over Threshold: As of the 2024/25 lease year, the public safety cost threshold will equal $360,000 per game. For lease year 2025/26 and each lease year thereafter the threshold will increase by 4%. Public safety costs incurred above the annual threshold will be repaid over time with additional proceeds from the Non-NFL event ticket surcharge and the discretionary fund. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

Public Safety Costs Reserve: This is funded by the additional Non-NFL ticket surcharge proceeds which is the amount exceeding the $4 base Non-NFL ticket surcharge (see Non-NFL Event Ticket Surcharge). The additional Non-NFL ticket surcharge proceeds will be used to cover public safety costs that exceed the threshold. The table below reflects how the public safety cost reserve is projected to be distributed in the 2025/26 Fiscal Year. (Source: First Amendment to Amended and Restated Stadium Lease Agreement).

Rent: The facility rent was originally set at $24.5 million for StadCo to lease the Stadium for their half of the year. As a result of the rent reset arbitration award in favor of Stadium Authority, the facility rent was reset to $24.8 million retro-active to the first lease year. The rent adjustment process is outlined in the Amended and Restated Stadium Lease. (Source: Amended and Restated Stadium Lease Agreement)

Senior and Youth Program Fees: During the lease terms, StadCo collects City of Santa Clara Senior and Youth Program Fees on behalf of Stadium Authority. The fee was originally $0.35 per NFL game ticket up to a maximum of $250,000 per lease year. As a result of the 2024 Settlement Agreement, beginning FY 2024/25 the fee will increase to $0.40 per NFL game ticket up to a maximum of $300,000 per lease year. Every ten lease years thereafter the fee will increase by $0.05 in conjunction with the maximum amount increased by an additional $50,000. (Source: First Amendment to Amended and Restated Stadium Lease Agreement)

Shared Stadium Manager Expenses: ManCo oversees the day-to-day operations of Levi’s® Stadium year-round. Since StadCo leases the Stadium from Stadium Authority for half of each fiscal Public Safety Cost Reserve Balance SummaryFY 2025/26 Proposed BudgetBeginning Balance -$ Contributions from Non-NFL Ticket Surcharge Revenue (1)2,023,000 Public Safety Costs Over Threshold (2,023,000) Ending Balance-$ (1) Amounts are calculated as instructed per relevant agreements.

35 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

year, expenses incurred by the Stadium Manager are shared between StadCo and Stadium Authority.

Most Shared Stadium Manager Expenses are split 50/50 between StadCo and Stadium Authority; grounds-keeping is the exception with a 70/30 split, with StadCo responsible for the larger share. In addition, ManCo procures insurance for Levi’s® Stadium that is shared between StadCo and Stadium Authority (see Insurance). (Source: Stadium Management Agreement & The Amended and Restated Stadium Lease Agreement)

Sponsorship Revenue (STR): STR Marketplace, LLC (STR) established a secondary market website to facilitate the transfer and resale of SBLs. In exchange for the use of the Levi’s® Stadium trademarks and links on the website (hence the title Sponsorship Revenue), STR pays Stadium Authority a minimum annual fee of $325,000 based on the commissions that are collected by STR.

In addition to the minimum annual fee, Stadium Authority also receives 50% of any commissions in excess of $650,000. The agreement with STR expires on May 31, 2027. (Source: SBL Website Marketing Agreement & Subsequent Amendments)

Stadium Authority General & Administrative: As an independent public entity, Stadium Authority incurs its own expenses in relation to Board governance, fiduciary responsibilities, oversight, and operations of Levi’s® Stadium. These include but are not limited to Stadium Authority staff time and various outside contractors and consultants who are hired to support staff with administering the necessary requirements for owning and operating Levi’s® Stadium and the day-to-day operations of the Stadium Authority. Also included are various administrative type costs such as bank fees, phone charges, IT equipment maintenance, etc.

Stadium Builder License (SBL) Proceeds: SBL holders who are on a payment plan make annual payments. Additionally, some SBL holders make payments above and beyond their annual scheduled payment plan. There are also sales of new SBLs and/or SBLs that were defaulted and resold. SBL cash collections from all these sources make up SBL proceeds.

Stadium Builder License (SBL) Sales and Service: ManCo provides sales and service to SBL holders on behalf of Stadium Authority. This includes all SBL collection efforts and customer service support. (Source: Agreement for Stadium Builder License Sales & Fourth Amendment to the Stadium Management Agreement)

36 STA DI U M AUT H O RI T Y OP E R AT I NG BU DG E T GL O S S ARY (C O N T.)

Stadium Management Fee: ManCo receives an annual base management fee to manage Levi’s® Stadium. The fee was $400,000 in the first lease year and increases by 3% annually. This annual base management fee is split 50/50 between StadCo and Stadium Authority since ManCo manages the Stadium year-round for both entities. In addition to the base management fee, ManCo receives a stadium marketing and booking fee (incentive fee) which is based on a percentage of the amount that the net income from Non-NFL events exceeds the marketing and booking fee benchmark. The table below shows the first 12 years of the base management fee and the stadium marketing and booking fee benchmark. It also shows the first ten (10) years of net income from Non-NFL events and a projection of the eleventh year as well as the applicable marketing and booking fee. (Source: The Stadium Management Agreement)

Transfers Out: Transfers from the Stadium Authority Operating Fund to fund Debt Service and Capital Expenditure Projects.

Utilities: StadCo leases the Stadium from Stadium Authority for six months of each fiscal year from August through January. StadCo is therefore responsible for the day-to-day utilities during that period.

Stadium Authority pays for the day-to-day utilities from February through July. Utilities associated with large ticketed non-NFL events are charged as an expense to the event which is included in the non- NFL events expense.

Use of StadCo Tenant Improvements: StadCo charges Stadium Authority for use of various StadCo tenant improvements (such as the use of the scoreboard) during Non-NFL events. (Source: Amended and Restated Lease Agreement)
Fiscal YearLease Year Annual Base Stadium Management Fee (SCSA Share) Stadium Marketing and Booking Fee Benchmark Actual/ Projected Net Income from Non-NFL Events 1st Tier -paid at 10% Fee Additional Stadium Marketing and Booking Fee10% 1st Tier 2nd Tier -paid at 15% Fee Additional Stadium Marketing and Booking Fee15% 2nd Tier Total Stadium Management Fee 2014/15 1 200,000$ 5,000,000$ 5,207,553$ 10,378$ -$ 210,378$ 2015/16 2 206,000$ 5,150,000$ 6,079,016$ 46,451$ -$ 252,451$ 2016/17 3 212,180$ 5,304,500$ 5,316,894$ 620$ -$ 212,800$ 2017/18 4 218,545$ 5,463,635$ 5,163,329$ 2,000,000$ -$ 4,000,000$ -$ 218,545$ 2018/19 5 225,102$ 5,627,544$ 18,591$ 2,060,000$ -$ 4,120,000$ -$ 225,102$ 2019/20 6 231,855$ 5,796,370$ (2,741,014)$ 2,121,800$ -$ 4,243,600$ -$ 231,855$ 2020/21 7 238,810$ 5,970,261$ (476,960)$ 2,185,454$ -$ 4,370,908$ -$ 238,810$ 2021/22 8 245,975$ 6,149,369$ (288,741)$ 2,251,018$ -$ 4,502,035$ -$ 245,975$ 2022/23 9 253,354$ 6,333,850$ 8,809,167$ 2,318,548$ 231,855$ 4,637,096$ 23,515$ 508,724$ 2023/24 10 260,955$ 6,523,866$ 8,266,685$ 2,388,105$ 174,282$ 4,776,209$ -$ 435,237$ 2024/25(1)11268,783$ 6,719,582$ 9,250,000$ 2,459,748$ 253,042$ 4,919,495$ 10,601$ 532,425$ 2025/26 12 276,847$ 6,921,169$ (1) Net income from Non-NFL events for FY2024/25 is projected.To be determined

37 The Stadium Management Agreement between
the Stadium Authority, StadCo and ManCo and
was entered into as of March 28, 2012. This
agreement was developed to provide the Stadium
Authority with the expertise of an outside manager
to oversee the day-to-day operations of Levi’s®
Stadium. Additionally, the Amended and Restated
Stadium Lease Agreement between the Stadium
Authority and StadCo was made and entered into
as of June 19, 2013.

This agreement amended the original stadium
lease to set the initial rent, to allow StadCo to enter into agreements with alternative energy providers,
to cap Stadium Authority’s share of the insurance
costs at a fixed amount each year, and to require
Stadium Authority to fund various reserves.

Per the terms of the Stadium Lease
Agreement, StadCo leases the Stadium
from the Stadium Authority for half of each
fiscal year and is responsible for the
Stadium Manager’s operating expenses
during that period. The Stadium Manager’s
operating expenses for the other half of the
year are the responsibility of the Stadium
Authority. Section 8.3.1 describes the
proportionate share of Stadium Manager
expenses that are owed by the Stadium
Authority and StadCo. Namely that most
Stadium Manager’s operating expenses are
split 50/50 with grounds-keeping being the
exception with a 70/30 split, StadCo being
responsible for the larger share.

ManCo procures insurance for Levi’s®
Stadium for the entire year and the cost is
shared between Stadium Authority and
StadCo.

Section 4.7 of the Management Agreement
notes that ManCo will provide an Annual
Shared Stadium Expense Budget to be
Proposed annually by Stadium Authority
and StadCo. Once the budget has been
Proposed, ManCo invoices Stadium
Authority monthly for its budgeted portion of
shared expenses which include Stadium
Manager’s operating expenses. As part of
the year-end work, the budgeted amounts
that were paid are to be trued up with actual
expenditures.

SH A R E D STAD I UM MA N A G E R EX P E NS E S

38 SH A R E D STAD I UM MA N A G E R EX P E NS E S (CO NT.)

SecurityStadium Operations Engineering Guest Services Groundskeeping TotalTotal Compensation 2,748,472$ 5,684,694$ 4,200,478$ 602,464$ 344,750$ 13,580,858$ Travel, Meals & Entertainment 32,590 324,762 22,600 93,750 10,870 484,572 Outside Services 516,878 26,000 3,143,088 - 1,278,897 4,964,863 General Supplies 9,208 46,736 20,926 139,278 182,780 398,928 Telephone 44,642 562,466 19,688 3,572 1,657 632,025 Equipment 353,742 284,032 67,756 8,416 10,347 724,293 Uniforms 55,804 - 20,648 83,426 3,450 163,328 Other 48,548 49,448 8,360 40,346 - 146,702 Subtotal3,809,884$ 6,978,138$ 7,503,544$ 971,252$ 1,832,750$ 21,095,568$ SecurityStadium Operations Engineering Guest Services Groundskeeping TotalTotal Compensation (2)1,374,236$ 2,842,347$ 2,100,239$ 301,232$ 103,425$ 6,721,479$ Travel, Meals & Entertainment 16,295 162,381 11,300 46,875 3,261 240,112 Outside Services 258,439 13,000 1,571,544 - 383,669 2,226,652 General Supplies 4,604 23,368 10,463 69,639 54,834 162,908 Telephone 22,321 281,233 9,844 1,786 497 315,681 Equipment 176,871 142,016 33,878 4,208 3,104 360,077 Uniforms 27,902 - 10,324 41,713 1,035 80,974 Other 24,274 24,724 4,180 20,173 - 73,351 Subtotal 1,904,942$ 3,489,069$ 3,751,772$ 485,626$ 549,825$ 10,181,234$ Insurance (3) 3,530,000 Management Fee (4)277,000 Total 13,988,234$ (3) The stadium lease sets Stadium Authority's share of insurance expense at $2,550,000 for the first lease year with each succeeding lease year's expense increasing 3%.

Stadium Manager2025/26 Total Shared Stadium ExpensesBetween the Santa Clara Stadium Authority and Forty Niners SC Stadium Company (StadCo)Santa Clara Stadium Authority Proportionate Share of Stadium Expenses (1)(1) The Santa Clara Stadium Authority proportionate share of stadium expenses is rounded to the nearest $1,000 in the operating budget.(4) The stadium management agreement sets the base management fee at $400,000 for the first lease year with each succeeding lease year's management fee increasing 3%. This base management fee is split 50/50 between Stadium Authority and StadCo.(2) Total compensation is based on a total of 72 full time equivalent positions.

39 TE N-YE A R FO R E C AS T (C O N T.)

Total Compensation: This cost includes full-time staff (72 employees), part-time staff, and benefits.

Stadium Authority pays for 50% of these costs except for Groundskeeping which is set at 30%.

 Full-time wages are costs for all management company full-time employees.

 Part-time wages are costs for all management company part-time employees. Wages include annual training for all Guest Services Representatives.

 Benefits are costs of employees’ health insurance, pension, vacation time, and all employer taxes.

Travel, Meals & Entertainment: These are costs for employee travel (airfare, ground, lodging, and meals) to stadium management conferences. In addition, this category includes costs for staff meals for general food and beverage, vendor engagement, and the year-end guest service employee appreciation banquet.

Outside Services: Costs for outside service providers, which include the following:

 Janitorial costs related to the janitorial, cleaning, landscaping, and trash services of the interior and exterior of the Stadium during non-event, regular business hours.

 Stadium Security costs for staffing 24/7 security guards in and around the Stadium and explosive detection canines.

 Engineering & Maintenance for mandatory safety and general maintenance costs associated with fire sprinklers, fire alarms, elevators, and backflows. Also includes outside sub-contracted calls for services for windows, signage and roof repair, HVAC & electrical, carpet, concrete or other miscellaneous repairs.

General Supplies: Supplies for stadium operations, janitorial, engineering, and Guest Services (For example: janitorial supplies, general printing costs for stadium signage, deployment sheet, notes, handbooks etc.).

Telephone: These are costs for landlines and internet/data service for the Stadium, net of the costs for the Team’s business offices, and cell service for Stadium Manager’s Stadium Operations and Security Department personnel.

Equipment: Costs associated with stadium operations and security software, including mobile safety application, stadium staff scheduling/event calendar software, surveillance licensing software, and monthly cost for off-site equipment storage.

Uniforms: Guest Services Department’s replacement and replenishment of uniforms.

SH A R E D STAD I UM MA N A G E R EX P E NS E S GL O S S A RY

40 STA D I U M MA N A G E R SH A R E D EX P E N S E S GL O S S A RY (C O N T.) Other Costs: Costs associated with Stadium Operations (For example: specialized training, command post, CPR first aid, background checks, recruiting, marketing/advertising, and employee retention program).

Tenant Improvements: Interior improvements within Tenant's exclusive facilities and any other improvements within the Stadium that are to be owned by, and constructed at the cost of, Tenant or any Tenant transferee as may be agreed by the Parties (Stadium Authority and StadCo). (Source:

Stadium Lease Agreement).

2026/272027/282028/292029/302030/31Total Compensation 6,923,123$ 7,130,817$ 7,344,741$ 7,565,083$ 7,792,036$ Travel, Meals & Entertainment 247,315 254,734 262,376 270,247 278,355 Outside Services 2,303,512 2,372,618 2,443,796 2,517,110 2,592,624 General Supplies 167,795 172,829 178,014 183,354 188,855 Telephone 325,151 334,905 344,953 355,301 365,960 Equipment 370,879 382,006 393,466 405,270 417,428 Uniforms 83,402 85,904 88,481 91,136 93,870 Other 75,552 77,818 80,153 82,558 85,034 Total 10,496,729$ 10,811,631$ 11,135,980$ 11,470,059$ 11,814,162$ Insurance (1)3,636,000 3,745,000 3,857,000 3,973,000 4,092,000 Management Fee (2)285,000 294,000 303,000 312,000 321,000 Total 14,417,729$ 14,850,631$ 15,295,980$ 15,755,059$ 16,227,162$ Stadium ManagerSanta Clara Stadium Authority Proportionate Share of Stadium Expenses - Five Year Forecast(1) The stadium lease sets SCSA's share of insurance expense at $2,550,000 for the first lease year with each succeeding lease year's expense increasing 3%.(2) The stadium management agreement sets the base management fee at $400,000 for the first lease year with each succeeding lease year's management fee increasing 3%. This base management fee is split 50/50 between SCSA and StadCo.

41 TE N-YE A R FO R E C AS T (C O N T.)
The Ten-Year Stadium Authority Financial Forecast (Forecast) provides policy makers and the public an updated assessment of the Stadium Authority’s fiscal health. The Forecast includes projections for Fiscal Year 2025/26 and the following nine years. The Forecast serves as a strategic planning tool to assist the City Council and Stadium Authority Board, staff and the public with decision-making as they work to adopt the budget and consider long-term financial strategies for the City and Stadium Authority.

The Stadium Lease Agreements describe how Excess Revenues are calculated at the end of each Fiscal Year resulting from revenue and expense cash flows, therefore, the Forecast is prepared on a cash basis. Since the Operating, Debt Service and Capital Expense Budgets are prepared on an accrual basis, there will be timing variances between the budgets included in this report and the Forecast.

In developing the Forecast, different methodologies were used depending on the type of revenue and expense. For example, Naming Rights revenue, Senior and Youth Fees, buffet expenses, insurance expenses, ground rent, base management fees, debt service, etc., are all determined contractually.

Regarding SBL Proceeds, ManCo provided guidance that SBL re-sale activity would level off for the next five years and then begin deflating by 10% each year thereafter. ManCo’s projections for non- NFL Event net revenue were used for FY2025/26 and 2026/27, and future years assumed three concerts, two soccer matches, and 50 private events each year. Lastly, other revenues and expenses were increased annually with inflation.

There are risks inherent in all long-term forecasts. While some of the risks to this Forecast are mitigated by means of the revenues and expenses that are fixed due to contractual agreements, others are not. One risk to this forecast is how the success or failure of the Forty Niners Football Team on the field affects SBL revenue. The team’s success in recent years has driven up SBL revenue, however the converse is also possible. The booking and performance of non-NFL events is another risk. ManCo has been successful in booking a number of events in the past three years and there are currently six (6) concerts and one (1) soccer match scheduled in the coming fiscal year.

However, future events are dependent on if and when music artists are touring each year and if there are sporting matches that can be hosted in Levi’s® Stadium.

This Forecast shows net Excess Operating Revenue in each fiscal year with a high of $14.06 million in FY2025/26 and a low of $9.02 million in FY2034/35. This projected excess revenue allows the Stadium Authority to pay off the Public Safety Cost 2024 Outstanding Balance in the next three years and fill the Renovation/Demolition Reserve of $70 million by FY2030/31. The excess revenue also allows for direct transfers from excess revenue to the City’s General Fund each year with a high of $7.02 million in FY2031/32 and a low of $2.42 million in FY2026/27.

Overall Stadium Authority Reserves are projected to increase from $96.26 million in FY2025/26 to $122.34 million in FY2034/35. Lastly, the direct impact to the City’s General Fund from Stadium Authority activities is positive every fiscal year in the Forecast with the amount fluctuating from $5.84 million in FY2026/27 to $10.83 million in FY2031/32. This is made up of a combination of Ground Rent (Base and Performance), Senior Youth Fees and Stadium Authority Excess Revenue.

TE N-YE A R FO R E C A S T

42 TE N-YE A R FO R E C AS T (C O N T.)

Santa Clara Stadium Authority10-Year Forecast(in millions)Fiscal Year 2025/26 2026/27 2027/28 2028/29 2029/30Levi's® Stadium Year of Operations 12 13 14 15 16Operating ActivityOperating Revenue 70.17$ 63.41$ 65.84$ 66.44$ 67.51$ Operating Expenses (31.97) (28.78) (30.31) (30.78) (31.47) Transfer to CapEx (3.77) (3.85) (3.94) (4.03) (4.12) Transfer to Discretionary Fund (0.70) (0.33) (0.42) (0.42) (0.42) Transfer to PSC Reserve (2.02) (0.66) (0.84) (0.84) (1.05) Net Cash Flow Available for Debt 31.71 29.79 30.33 30.37 30.45 Debt Service ActivityTerm A Debt Service (17.65) (17.82) (18.00) (18.18) (18.36) Net Excess Revenue 14.06 11.97 12.33 12.19 12.09 Use of Excess RevenueAdditional Transfer to CapEx (1.38) (1.43) (1.47) (1.51) (1.56) Transfer to Operating Reserve (0.80) (0.84) (0.85) (0.88) (0.91) Transfer to Reno/Demo Reserve (5.94) (4.85) (5.00) (4.90) (4.81) PSC Over Threshold - - (0.87) (1.60) (1.04) Transfer to City General Fund (2.97) (2.42) (3.96) (3.30) (3.77) Net Operating Cash Flow-$ -$ -$ -$ -$ CapEx ActivityBeginning Balance 16.21$ 4.30$ 5.17$ 6.40$ 7.89$ Transfer from Operating 5.15 5.28 5.41 5.54 5.67 CapEx Expenses (17.06) (4.41) (4.18) (4.05) (5.40) CapEx End Balance4.30$ 5.17$ 6.40$ 7.89$ 8.16$ Public Safety Cost Reserve ActivityBeginning Balance -$ 2.02$ 0.66$ 0.84$ 0.84$ Transfer from Operating 2.02 0.66 0.84 0.84 1.05 PSC Over Threshold Expense - (2.02) (0.66) (0.84) (0.84) PSC Cost Reserve End Balance2.02$ 0.66$ 0.84$ 0.84$ 1.05$ Discretionary Fund ActivityBeginning Balance 3.16$ 1.55$ 1.76$ 0.61$ 0.42$ Transfer from Operating 0.70 0.33 0.42 0.42 0.42 PSC Over Threshold Expense (2.31) (0.12) (1.57) (0.61) (0.42) Discretionary Fund End Balance1.55$ 1.76$ 0.61$ 0.42$ 0.42$ Reserve BalancesDiscretionary Fund Reserve 1.55$ 1.76$ 0.61$ 0.42$ 0.42$ Public Safety Cost Reserve 2.02 0.66 0.84 0.84 1.05 Operating Reserve 27.68 28.52 29.37 30.25 31.16 Renovation/Demolition Reserve 49.17 54.02 59.02 63.92 68.73 CapEx Reserve 4.30 5.17 6.40 7.89 8.16 Debt Service Reserve 11.54 11.54 11.54 11.54 11.54 Total Reserve Balances96.26$ 101.67$ 107.78$ 114.86$ 121.06$ Public Safety Cost 2024 Outstanding BalanceBeginning Balance 5.58$ 2.61$ 0.18$ Paydown with Legal Contingency Reserve - - - Paydown with Excess Revenue (2.97) (2.43) (0.18) PSC 2024 End Balance2.61$ 0.18$ -$ City of Santa Clara General Fund ImpactGround Rent - Base 1.00$ 1.00$ 1.00$ 1.00$ 1.10$ Ground Rent - Performance 4.13 2.15 2.85 2.53 2.31 Senior Youth Fee 0.27 0.27 0.27 0.27 0.27 Excess Revenue 2.97 2.42 3.96 3.30 3.77 Total City of Santa Clara GF Impact8.37$ 5.84$ 8.08$ 7.10$ 7.45$

43 TE N-YE A R FO R E C AS T (C O N T.)

Santa Clara Stadium Authority10-Year Forecast(in millions)Fiscal Year 2030/31 2031/32 2032/33 2033/34 2034/35Levi's® Stadium Year of Operations 17 18 19 20 21Operating ActivityOperating Revenue 68.10$ 68.69$ 69.32$ 70.25$ 71.07$ Operating Expenses (32.34) (33.29) (34.27) (35.28) (36.46) Transfer to CapEx (4.21) (4.31) (4.40) (4.51) (4.61) Transfer to Discretionary Fund (0.42) (0.42) (0.42) (0.42) (0.42) Transfer to PSC Reserve (1.05) (1.05) (1.05) (1.26) (1.26) Net Cash Flow Available for Debt 30.08 29.62 29.18 28.78 28.32 Debt Service ActivityTerm A Debt Service (18.55) (18.73) (18.92) (19.11) (19.30) Net Excess Revenue 11.53 10.89 10.26 9.67 9.02 Use of Excess RevenueAdditional Transfer to CapEx (1.60) (1.65) (1.70) (1.75) (1.81) Transfer to Operating Reserve (0.93) (0.97) (0.99) (1.02) (1.05) Transfer to Reno/Demo Reserve (1.27) - - - - PSC Over Threshold (1.14) (1.25) (1.35) (1.80) (1.38) Transfer to City General Fund (6.59) (7.02) (6.22) (5.10) (4.78) Net Operating Cash Flow-$ -$ -$ -$ -$ CapEx ActivityBeginning Balance 8.16$ 7.00$ 6.00$ 5.00$ 4.00$ Transfer from Operating 5.81 5.96 6.11 6.26 6.42 CapEx Expenses (6.97) (6.96) (7.11) (7.26) (7.42) CapEx End Balance7.00$ 6.00$ 5.00$ 4.00$ 3.00$ Public Safety Cost Reserve ActivityBeginning Balance 1.05$ 1.05$ 1.05$ 1.05$ 1.26$ Transfer from Operating 1.05 1.05 1.05 1.26 1.26 PSC Over Threshold Expense (1.05) (1.05) (1.05) (1.05) (1.26) PSC Cost Reserve End Balance1.05$ 1.05$ 1.05$ 1.26$ 1.26$ Discretionary Fund ActivityBeginning Balance 0.42$ 0.42$ 0.42$ 0.42$ 0.42$ Transfer from Operating 0.42 0.42 0.42 0.42 0.42 PSC Over Threshold Expense (0.42) (0.42) (0.42) (0.42) (0.42) Discretionary Fund End Balance0.42$ 0.42$ 0.42$ 0.42$ 0.42$ Reserve BalancesDiscretionary Fund Reserve 0.42$ 0.42$ 0.42$ 0.42$ 0.42$ Public Safety Cost Reserve 1.05 1.05 1.05 1.26 1.26 Operating Reserve 32.09 33.06 34.05 35.07 36.12 Renovation/Demolition Reserve 70.00 70.00 70.00 70.00 70.00 CapEx Reserve 7.00 6.00 5.00 4.00 3.00 Debt Service Reserve 11.54 11.54 11.54 11.54 11.54 Total Reserve Balances122.10$ 122.07$ 122.06$ 122.29$ 122.34$ City of Santa Clara General Fund ImpactGround Rent - Base 1.10$ 1.10$ 1.10$ 1.10$ 1.20$ Ground Rent - Performance 2.35 2.44 2.54 2.64 2.74 Senior Youth Fee 0.27 0.27 0.27 0.27 0.30 Excess Revenue 6.59 7.02 6.22 5.10 4.78 Total City of Santa Clara GF Impact10.31$ 10.83$ 10.13$ 9.11$ 9.02$

44 STA DI U M DE B T SE RV I C E BU D G E T (C O N T.)

2023/24 2024/25 2024/25 2025/26Year-end (2)Amended (1)Projected ProposedActuals Budget Actuals BudgetBeginning Fund BalanceRequired Debt Service Reserve 11,536,235$ 11,536,235$ 11,536,235$ 11,536,235$ Debt Service Reserve 15,663,801 8,122,980 8,122,980 8,820,980 Total Beginning Fund Balance 27,200,036$ 19,659,215$ 19,659,215$ 20,357,215$ RevenuesContribution from CFD 3,467,626$ 2,782,000$ 3,466,000$ 3,605,000$ Total Revenues 3,467,626$ 2,782,000$ 3,466,000$ 3,605,000$ Transfers InTransfers In from Operating 17,297,708$ 17,471,000$ 17,471,000$ 17,646,000$ Total Transfers In 17,297,708$ 17,471,000$ 17,471,000$ 17,646,000$ Total Source of Funds 47,965,370$ 39,912,215$ 40,596,215$ 41,608,215$ 2023/24 2024/25 2024/25 2025/26Year-end (2)Amended (1)Projected ProposedActuals Budget Actuals BudgetExpensesCFD Advance 2,849,343$ 2,754,000$ 3,306,000$ 3,565,000$ Term A Loan 25,456,812 16,933,000 16,933,000 17,080,000 Total Expenses 28,306,155$ 19,687,000$ 20,239,000$ 20,645,000$ Ending Fund BalanceRequired Debt Service Reserve 11,536,235$ 11,536,235$ 11,536,235$ 11,536,235$ Debt Service Reserve 8,122,980 8,688,980 8,820,980 9,426,980 Total Ending Fund Balance 19,659,215$ 20,225,215$ 20,357,215$ 20,963,215$ Total Use of Funds 47,965,370$ 39,912,215$ 40,596,215$ 41,608,215$ (1) Amended Budget as of January 14, 2025.(2) Beginning Fund Balance was adjusted to reflect actual results, which included accruals.

Santa Clara Stadium AuthorityDebt Service Budget Summary

STA DI U M DE B T SE RV I C E BU D G E T

45 STA DI U M DE B T SE RV I C E BU D G E T (C O N T.)

Debt Service Payment: The FY 2025/26 Debt Service Budget of $20.6 million is based on the required and additional principal and interest debt service payments. A glossary is included at the end of this section that describes the type of debt and the applicable source documents for each loan. Of the $20.6 million budget, $3.5 million represents anticipated contributions from the Community Facilities District (CFD). The total Debt Service Reserves are projected at $21.0 million.

The following schedule on provides a breakdown of the principal and interest payments budgeted in FY 2025/26 for each loan as well as the beginning and ending balances. The total outstanding debt is projected to decrease by $9.9 million in FY 2025/26 from $219.7 million to $209.8 million.

46 S TA DI U M DE B T S E RV I C E B U D G E T ( C O N T.)

S TA DI U M DE B T S E RV I C E B U D G E T ( C O N T.)

2025/26 2025/26 2025/26
Debt Interest 2025/26 Beginning Principal Ending
Obligations rates Interest Balance Payments Balance
Stadium Funding Trust Term A Loan 5.00% 9,241,000$ 192,656,344$ (7,838,095)$ 184,818,249$ StadCo CFD Advance(1) 5.73% 1,496,000 27,010,621 (2,069,350) 24,941,271 Total 10,737,000$ 219,666,965$ (9,907,445)$ 209,759,520$ Santa Clara Stadium Authority
Debt Service Payment Schedule
(1)Community Facilities District (CFD) principal payment is an estimate based on anticipated contributions from the CFD.

Any increase in principal for the year is due to adding unpaid interest to the principal. $-
$100
$200
$300
$400
$500
$600
$700
March
2012
March
2013
March
2014
March
2015
March
2016
March
2017
March
2018
March
2019
March
2020
March
2021
March
2022
March
2023
March
2024
March
2025
(forecast)
March
2026
(budget)
Total Outstanding Debt (in millions)
Construction Loan StadCo Agency Advance Term B Loan Term A Loan StadCo CFD Advance StadCo Subordinated Loan $41.1
$396.1
$653.4
$561.6
$464.7
$429.8
$382.7
$340.2 $325.3
$296.8
$245.3 $228.7
$280.3
$219.7 $209.8
■ ■ ■ ■ ■ ■

47 Contribution from the Community Facilities District (CFD): The CFD was established for the purpose of financing and constructing publicly owned facilities. To support that, the CFD levies and collects a special hotel tax of 2% on hotel rooms within the CFD. During the construction of Levi’s® Stadium, Stadium Authority spent $35.0 million on CFD infrastructure. All collections from the special CFD hotel taxes are contributed to Stadium Authority to pay down the CFD Advance which was used to fund the construction of the CFD publicly owned facilities. (Source: The Reimbursement Agreement Relating to the CFD)

CFD Advance: StadCo agreed to loan Stadium Authority a not to exceed amount of $35.0 million for CFD infrastructure and with a maximum principal amount of $38.0 million including capitalized interest. This loan bears interest at a fixed rate of 5.73% and the loan is payable solely from amounts received by Stadium Authority from the CFD. (Source: The Authority Promissory Note in Respect of StadCo CFD Advance)

Debt Service Reserve: The required Term A Loan principal payments are due on April 1st each year.

However, the cash transfer from the Operating Fund is made in the prior Fiscal Year, this transfer is the main component of the Debt Service Reserve. The other component is the accrued interest on the CFD Advance and the Term A Loan that is recorded at the end of each Fiscal Year.

Term A Loan: The Stadium Funding Trust (FinanceCo) agreed to loan Stadium Authority $282.8 million to fund construction of Levi’s® Stadium. This loan bears interest at a fixed rate of 5% payable semi-annually, with annual principal payments due beginning in April 2018. It has a maturity date in 2039 and is subject to certain prepayment premiums. The principal payment schedule is noted below. (Source: The Restated Credit Agreement)

StadCo Subordinated Loan: StadCo agreed to loan Stadium Authority an amount not to exceed $500 million to fund construction of Levi’s® Stadium. The actual amount loaned to the Stadium Authority was $236.9 million. This loan bears a fixed interest rate of 5.5% with annual principal payments due beginning in March 2016 and it may be prepaid at any time without penalties. The Stadium Authority had fully paid off this loan in FY 2022/23. (Source: The Restated StadCo Obligations Agreement)

Date Annual Principal Payment Date Annual Principal Payment Date Annual Principal Payment April 1, 2018 12,110,000$ April 1, 2026 8,404,934$ April 1, 2033 13,306,164$ April 1, 2019 12,718,000$ April 1, 2027 9,001,865$ April 1, 2034 14,160,901$ April 1, 2020 13,354,000$ April 1, 2028 9,630,410$ April 1, 2035 15,060,270$ April 1, 2021 14,022,000$ April 1, 2029 10,292,166$ April 1, 2036 16,006,521$ April 1, 2022 14,723,000$ April 1, 2030 10,988,812$ April 1, 2037 17,002,017$ April 1, 2023 15,459,000$ April 1, 2031 11,722,111$ April 1, 2038 18,049,239$ April 1, 2024 7,299,896$ April 1, 2032 12,493,914$ April 1, 2039 19,150,793$ April 1, 2025 7,838,094$ Term A Loan Amortization (Required Principal Payment Schedule)

STA DI U M DE B T SE RV I C E BU D G E T GL O S S A RY

48 Required Debt Service Reserve: Stadium Authority agreed to deposit $11,536,235.33 (the Debt Service Reserve Required Amount) into a Debt Service Reserve Account. This amount will remain in the reserve account until the Term A Loan has been fully repaid. (Source: Restated Credit Agreement & Restated Deposit and Disbursement Agreement)

STA DI U M DE B T SE RV I C E BU D G E T GL O S S A RY (CO N T.)

49 The Capital Expense (CapEx) Budget is used to fund the purchase or upgrade of fixed assets for the Stadium. While the funding for appropriations occur on an annual basis, the Capital Expense Plan extends for a five-year period (shown on Page 59 of this report). Changes to existing projects, as well as the addition of new projects, may occur during the five-year planning period as new needs are identified. The appropriations for capital projects do not lapse at year-end but carryover into future years until the project is complete.

The FY 2025/26 CapEx Budget totals $18.6 million. Of this total, $13.4 million of prior year appropriations are projected to be carried over from FY 2024/25 ($1.5 million of the projected carryover amount is for warranty-related construction, and the other $11.9 million is for prior year CapEx projects). New capital improvement appropriations equal $5.2 million.

A detailed listing of Proposed FY 2025/26 projects is provided starting on Page 51 of this report.

Stadium Authority is submitting it as transmitted by the Stadium Manager. The description of specific projects have been excluded to protect sensitive information related to security.

STA DI U M AUT H O RI T Y CAP I TAL EX P E NS E BU D G E T

50 STA DI U M AUT H O RI T Y CAP I TAL EX P E NS E BU D G E T (CO N T. )

2023/24 2024/25 2024/25 2025/26 2025/26 2025/26TotalYear-end (2)Amended (1)Projected Projected Proposed ProposedActualsBudgetActualsCarryover Budget BudgetBeginning Fund Balance 22,977,809$ 19,862,834$ 19,862,834$ 16,072,834$ 16,072,834$ Transfers In3,914,319$ 4,032,000$ 4,032,000$ -$ 5,153,000$ 5,153,000$ - 1,575,000 1,575,000 - - - Total Transfers In 3,914,319$ 5,607,000$ 5,607,000$ -$ 5,153,000$ 5,153,000$ Total Source of Funds 26,892,128$ 25,469,834$ 25,469,834$ 16,072,834$ 5,153,000$ 21,225,834$ 2023/24 2024/25 2024/25 2025/26 2025/26 2025/26TotalYear-end (2)Amended (1)Projected Projected Proposed ProposedActualsBudgetActuals Carryover Budget BudgetExpensesConstruction 5,621,274$ 15,667,725$ 6,283,000$ 8,472,000$ 4,045,000$ 12,517,000$ Equipment 1,408,020 5,908,000 3,114,000 2,824,000 907,000 3,731,000 Contingency - 973,000 - 565,000 248,000 813,000 Stadium Warranty Related Construction - 1,528,000 - 1,528,000 - 1,528,000 Total Expenses 7,029,294$ 24,076,725$ 9,397,000$ 13,389,000$ 5,200,000$ 18,589,000$ Ending Fund Balance19,862,834$ 1,393,109$ 16,072,834$ 2,683,834$ (47,000)$ 2,636,834$ Total Use of Funds 26,892,128$ 25,469,834$ 25,469,834$ 16,072,834$ 5,153,000$ 21,225,834$ (1) Amended Budget as of January 14, 2025.(2) Beginning Fund Balance was adjusted to reflect actual results, which included accruals.(3) Capital projects are rounded to the nearest $1,000 for FY 2025/26.

Santa Clara Stadium AuthorityCapital Expense Budget Summary (3)Transfers In from OperatingTransfers In from Operating - Levi's Naming Rights

51 Item TypeSCSA RequestedDescription CostContingency (5%)Total CostAudio/Visual Fiber & Low Voltage Cabling Backbone into Radio Booths - Phase 2250,000$ 12,500$ 262,500$ Installation of fiber optic and low voltage cabling from camera positions to radio booths for event productions. The project will install fiber optic cabling to increase the low voltage cabling backbone. This installation will accommodate the expanding requests received for booth usage during stadium events and will help the stadium keep up with emerging trends. The project expands on the Phase 1 fiber optic installation between multiple booths located on the 800 level suite tower location and the broadcast patch panel (Room 01.69.08) near the loading dock on the exterior south end of the stadium. Fiber design shall include TAC-12 and DT-12, or better. Design will consider new fiber termination panels, additional conduit, and raceway.Electrical Distribution - High Voltage (PSG 12 KV Electrical Power Study, Assessment and Replacement at Quad Substations)500,000 25,000 525,000 Completes the Primary Switch Gear 12KV electrical power study and assessment while replacing any compromised or failed equipment to ensure operational reliability. This assessment phase and replacements will address the Primary Switch Gear and four (4) quad substations.Electrical LED Retrofit Project - Phase 21,000,000 50,000 1,050,000 Project will replace existing fixtures that are no longer manufactured and/or inefficient lighting fixtures. Facility staff is unable to procure existing fixture parts and lamps due to new California Title 24 requirements. This project will start phasing out the existing / outdated fixtures with new energy efficient Title 24 compliance fixtures.General Building Coating (Structural Steel, Concrete Walls, etc.)White steel - Phase 2250,000 12,500 262,500 This project applies steel coatings to exterior structural steel of the building structure. The structural steel coatings are exposed to sun, rain and other outdoor elements. This project will continue the multi-year process of recoating the structural steel.General Building Escalator Canopies - Bird proofing200,000 10,000 210,000 Bird proofing of escalator canopies due to bird droppings to avoid health & safety due to damage of escalator equipment. Installation of materials to prevent birds from sitting above escalators will help keep the stadium clean, reduce cleaning costs, and extend the life of the equipment.General Building Project and Construction Management Firm195,000 9,750 204,750 This budget line item is intended to be used for the two (2) Construction Management / Project Management firms.General Building Slip and Fall Protection - South, Northeast, and Northwest Field Tunnels50,000 2,500 52,500 The project will purchase and install synthetic turf flooring for NW, NE and South field level tunnels. The synthetic turf materials provide a walkable surface with appropriate coefficient of friction for foot traffic through tunnels.General Building Trash Compactor Units400,000 20,000 420,000 This is the second phase of the project, which will replace the remaining two (2) of four (4) waste compactors at the stadium loading dock and accessory equipment. The units have reached end of life and are in need of replacement. This equipment is critical to the operation of the stadium. The project will furnish, deliver and install the new equipment.General Building Walking Route Matting150,000 7,500 157,500 Installation of resilient flooring walking surface in the service tunnel, which provides a safe and clean delineated walking surface for all events. Installation of flooring will extend walking surface at 100 service corridor near the Auxiliary Locker Rooms and Visitor Locker Room, which are used for all types of events by teams, officials, and other event performers.HVAC/Mechanical Boilers500,000 25,000 525,000 Project replaces boiler and/or critical boiler support components to ensure reliable operations of equipment necessary to support events. The boiler systems generate hot water that is used to maintain comfortable indoor temperatures. The stadium spaces require powerful heating and cooling solutions. Some of these system components are reaching end of life and require replacement.HVAC/Mechanical HVAC250,000 12,500 262,500 Project addresses general renewal and replacement of necessary HVAC equipment in the stadium to include, but not limited to, cooling tower, pumps, motors, heat pumps, dampers, valves, VFDs, boilers, and/or general mechanical systems.

Santa Clara Stadium Authority2025/26 CapEx Budget

52 Item TypeSCSA RequestedDescription CostContingency (5%)Total CostPlumbing Plumbing Fixtures urinals/sinks/water closets/hose bibs etc.250,000$ 12,500$ 262,500$ The project includes the purchase of plumbing fixtures needed to replace existing end of life components. Labor for this project will be performed by stadium Engineering staff. Components that will be purchased as part of this project include, but is not limited to, toilet, urinal and sink components. The project will start a phased replacement program of existing fixtures in stadium restrooms, excluding tenant exclusive facilities. This is the first of several phases to replace aging plumbing fixtures and components.Site GA Lot Substation Fence50,000 2,500 52,500 Replace existing damaged fencing and gates due to failed concrete foundation. The fence provides a secure perimeter around the electronic substation equipment in Great America Parking Lot. Securing this ensures the safe and secure experience for the stadium guests.Subtotal New CapEx Construction Costs 4,045,000$ 202,250$ 4,247,250$ Furniture, Fixtures & EquipmentMedical Equipment - General Allowance150,000 7,500 157,500 A number of pieces of medical equipment in service at the venue for patrons, workers, and performers is at end of life and needs to be replaced, including gurneys, AEDs, EKG Machine, X-ray Flatbed, and other general medical equipment. This general allowance will be used to acquire replacement units during FY 2025/26.Public Safety - IT Replacement of end of life End User equipment17,500 875 18,375 xThis project replaces 5 Desktops, 2 Printers, 1 Precision Desktop and 3 Laptops that are end of life. Costs include equipment, taxes, shipping and deployment costs.Public Safety - IT Touchscreen Dispatch Monitors2,850 143 2,993 xPublic safety dispatchers utilize several screens at their workstations in order to facilitate their duties. Incorporating one touch screen monitor (and mounting hardware) at each workstation would improve efficiencies and public safetyresponses.Public Safety - IT Temporary Holding Facility (THF) Computer Work Stations5,000 250 5,250 xThis project is to purchase two computer stations, including two monitors for each that are needed within the stadium THF for information sharing and regulatory-mandated entries. This will increase communication ability and access to information. It will also improve efficiency as Officers can complete their own information during the booking process.Public Safety - Fire Kawasaki ATVs and Kimtek Pump Module70,000 3,500 73,500 xThis project replaces 2 John Deere Gators (utility vehicles) purchased in 2015 that are at the end of the 10-year useful life. The fire pump module will provide fire suppression capabilities for parking lot vehicles.Public Safety - Fire Kawasaki ATV30,000 1,500 31,500 xThis project is to purchase a new Kawasaki ATV for transporting personnel to the stadium from staging location at Fire Station 8. Currently the personnel are transported using the Fire Department's creek response vehicle, which leaves that resource unavailable during stadium events. The cart can be used by the Exterior Supervisor once it has transported personnel to the stadium.Public Safety - Fire Kubota Storage Box7,000 350 7,350 xThis project is to purchase a storage box fitted to the Joint Hazards Assessment Team (JHAT) vehicle to store personal protective equipment (PPE) and various equipment used by JHAT.Public Safety - Fire Lightweight Chemical Detector (LCD) 4.020,000 1,000 21,000 Public Safety - Police Secure Law Enforcement Resource Area35,000 1,750 36,750 Public Safety - Police E-Bikes28,000 1,400 29,400 xIncorporating e-bikes into public safety operations will increase response time efficiencies and promote improved response readiness for personnel. Bike patrol teams are one of the most important contingents of the public safety deployment, and the bike teams often respond to incidents over the distance of several miles through operational areas of responsibility. With an increase in satellite lots being permitted, the area of public safety coverage has grown. E-bikes will foster expedient response times, while requiring less exertion from personnel, allowing them to be physically ready for a possible emergency engagement. 8 e-bikes would allow two teams to operate in an enhanced manner.

Santa Clara Stadium Authority2025/26 CapEx Budget (Cont.)

53 Item TypeSCSA RequestedDescription CostContingency (5%)Total CostPublic Safety - Police Staff Scheduling Software17,100$ 855$ 17,955$ xTo implement effective and efficient public safety operational plans at the Stadium, staffing support from FTE and per diem employees is necessary. PD currently uses an out of date scheduling software platform that is limited in functionality. Securing and utilizing a more robust technology platform will improve scheduling and staff management abilities, including possible check-in/check-out functionality during events.Security Security - General Allowance 275,000 13,750 288,750 Security Surveillance - Cameras 250,000 12,500 262,500 Subtotal New CapEx Equipment Costs907,450$ 45,373$ 952,823$ Total New CapEx Project Costs 4,952,450$ 247,623$ 5,200,073$ 2025/26 CapEx Budget (Cont.)Santa Clara Stadium Authority

54 Item TypeSCSA RequestedDescription CostRemaining ContingencyTotal CostElectricalDistribution - High Voltage Assessment and Replacement - Automatic Transfer Switches (ATS) & Electrical Grids400,000$ 20,000$ 420,000$ The project will test, inspect and assess the seven (7) stadium Automatic Transfer Switches ("ATS") and supporting electrical switchgear for the three (3) emergency grids. Assessment will inspect equipment and replace faulty equipment. The assessment will provide a report and recommendation for necessary replacement and modifications necessary to maintain full and safe electrical operation at the stadium. The project includes an allowance for any necessary replacements and / or enhancements identified during the assessment. Replacements and / or modifications are dependent upon the results of the assessment. Additionally, the project will establish a baseline for this electrical equipment and may determine the need and frequency of future test and inspection of electrical equipment. This is a FY 2024/25 carryover project.Electrical LED Retrofit Project - Phase 1125,000 6,250 131,250 Project will replace existing fixtures that are no longer manufactured and/or inefficient lighting fixtures. Facility staff is unable to procure existing fixture parts and lamps due to new California Title 24 requirements. This project will start phasing out the existing / outdated fixtures with new energy efficient Title 24 compliance fixtures. This is a FY 2024/25 carryover project.Electrical Lighting System - Controls System75,000 3,750 78,750 The current stadium lighting control system server must be replaced. The current server has reached its end of useful life and is not compatible with future software upgrades. Upgrading the lighting control system server ensures the lighting control system maintains supported and operational. Project originally approved in FY 2023/24. Technical specifications bid documents are developed, but work will carryover into FY 2025/26.Electrical Lighting Systems - Fixture Replacement of Major Outdoor Lighting / LED Retrofit / Sports Lighting2,538,719 126,936 2,665,655 This project replaces the current metal halide stadium field / sport lights ("field lights") with an outdoor LED retrofit. LED field lights will dramatically reduce the carbon footprint, lower the number of mercury containing fixtures and cut energy consumption caused by the field lights by up to as much as 40%, which is one of the largest energy consuming systems in the stadium. LED field lights provide an energy efficient solution to upgrade a product that may soon be phased out. LED lights tend to last much longer and require less maintenance than metal halide lights. The design phase for this project was initiated in FY 2023/24. This project was bid and awarded during FY 2024/25. The project is in progress and a portion of the original budget will be carried over in order to complete the project.General Building Aesthetic Improvements - Premium Areas / Special Event Spaces182,962 9,148 192,110 This project will renovate and refresh the premium club spaces in the stadium by replacing carpet and paint in the BNY Clubs, Fii Club, United Club, Yahoo Club and special event spaces. These club spaces are used for numerous events throughout the year. The high traffic experienced in these spaces have worn on finishes and caused the carpet to near the end of life. This project will enhance these premium spaces and ensure Levi's Stadium remains an attractive destination for any and all events. This project was originally approved in FY 2022/23. The project is contracted, but this project will carry over into FY 2025/26 due to supply chain issues and long material lead times.General Building Automatic Logic Control Building Engineering System54,999 2,750 57,749 Install an automatic logic controller system upgrade to monitor the building's HVAC in all quadrants simultaneously. This updated system will enable graphic interface and help the system to operate more efficiently with time clock management and assisting in potential lighting control energy savings. Increased budget amount due to anticipated additional cost.General Building Broadcast Booth Window System Replacement150,000 7,500 157,500 The retractable window system in the 400 Level broadcast booth opens for all events. The window system casters and rails system has reached end of life due to frequent use, weather and environmental exposure. This project will replace the wall system to provide reliability of the system and successful operations during events. This is a FY 2024/25 carryover project.

Santa Clara Stadium Authority2025/26 CapEx Budget Carryover

55 Item TypeSCSA RequestedDescription CostRemaining ContingencyTotal CostGeneral Building Coating (Structural Steel, Concrete Walls, etc.) White steel - Phase 1250,000$ 12,500$ 262,500$ This project begins to recoat the exterior structural steel of the building structure. The structural steel coat is exposed to sun, rain and other outdoor elements. This project will start the multi-year process of recoating the structural steel. This is a FY 2024/25 carryover project.General Building Engineering Shop Enhancements50,000 2,500 52,500 The project invests into the stadium Engineering shop by providing improvements to shop work stations and key shop facilities. It provides necessary resources for stadium Engineering staff to perform maintenance and repair activities. Work station enhancements will improve shop work and storage capabilities. The key shop enhancements provide necessary programming for inventory and key tracking capabilities. This is a FY 2023/24 carryover project.General Building Expansion / Waterproofing / Caulk Joint Replacements - Phase 21,262,500 63,125 1,325,625 This is the second phase of the traffic deck recoating with the seating bowl and concourse areas, which are currently showing signs of wear. Phase 1 completed the lower seating bowl and main concourse. The deck coating serves as a secondary waterproofing system for the occupied spaces below these areas and also protects and extends the life of the concrete. Periodic replacement and recoating of this system is necessary to maintain current waterproofing system and maintain the expected life of the structure . This is a FY 2024/25 carryover project.General Building Exterior Stairwell Traffic Coating Refurbishment50,000 2,500 52,500 The project removes and reinstalls traffic coating material on the exterior stadium emergency and exit staircases in areas where the traffic coating is compromised. The traffic coating replacement at the staircase landings will prevent trip and fall hazards, as well as protect the staircase structures from rust and corrosion. This project will extend the life of the staircases. This project was not part of the 5-year Capex project list in previous years, but was determined that this project is necessary due to the unanticipated spalling of the traffic coating materials in specific areas on the staircases. Project originally approved in FY 2023/24. Technical specifications bid documents are developed, but work will carryover into FY 2025/26.General Building Levi's Naming Rights Signage Refurbishment1,547,191 77,360 1,624,551 The project refurbishes the current four (4) Levi's Naming Rights signs located above the North and South Scoreboards, west side of the suite tower, and on the east side of the grandstands. The current signs have experienced lighting failures despite repeated attempts to repair the signs. We will await guidance from the Board on this subject. This project was awarded in FY 2024/25. Project has started, but the remaining budget is carried over into FY 2025/26 for project completion.General Building Miscellaneous100,000 5,000 105,000 Renewal and replacement of general building items to include, but not limited to, architectural finishes, fixtures, coatings, equipment, etc. This project was originally approved in FY 2022/23.General Building Miscellaneous100,000 5,000 105,000 General renewal and replacement of flooring, carpeting, millwork, tiles, masonry, granite counters, Stainless steel panels and counters, cladding, wall acoustic panels etc. throughout the building as items reach their end of life. Project originally approved in FY 2016/17 but was not completed.General Building Project and Construction Management Firm152,876 7,644 160,520 This budget line item is intended to be used for the two (2) Construction Management / Project Management firms selected to assist in managing various SCSA Capex projects. This carryover amount is the remaining funding available for this work from the $180,600 approved in the FY 2023/24 budget.

Santa Clara Stadium Authority2025/26 CapEx Budget Carryover (Cont.)

56 Item TypeSCSA RequestedDescription CostRemaining ContingencyTotal CostGeneral Building Stormwater System Assessment and Replacements200,000$ 10,000$ 210,000$ The project will provide an assessment and servicing of the Levi's Stadium stormwater system. The contractor will inspect, service and replace equipment as necessary. This equipment is necessary for local and state environmental regulations. This is a FY 2024/25 carryover project.General Building Trash Compactor Replacement330,000 16,500 346,500 This project will replace two (2) waste compactors at the stadium loading dock. The units have reached end of life and are in need of replacement. This equipment is critical to the operation of the stadium. The project will furnish, deliver and install the new equipment. This is a FY 2024/25 carryover project.Plumbing Plumbing - Boilers 617,870 30,894 648,764 Project addresses general renewal and replacement of necessary plumbing equipment in the stadium to include, but not limited to, replacement of piping, fittings, vents, joints, switches, cleanouts, valves, drains, traps, primers, strainers, pumps, water heaters, interceptors, filters and/or water softener systems. This is a FY 2023/24 carryover project.Site Asphalt158,095 7,905 166,000 The project will evaluate the current pavement status and provide asphalt overlay and/or seal coat at the visitor parking on Tasman, Gold 4 & 5 parking lots and South Access Road. Design services will be engaged to evaluate the current condition of pavement and recommend the correct application. Proper overlay and crack fill seals the pavement and prevents the infiltration of water which prevents pavement failure. This is a FY 2018/19 carryover project.Site Concrete Replacements127,000 6,350 133,350 The Project will address the concrete at the Northwest stairwell landing on the 700 Level North Plaza area. The railing at the stairwell has been compromised in the past. This project will restore the handrail and concrete at the stairwell, as well as improve the condition by strengthening the reinforcing at the stairwell railing. The project will require demolition of the existing concrete, potentially patch the waterproofing layer of the structural slab, add reinforcing steel, pour concrete, apply traffic coating and re-install the existing handrail at the stairwell. The improved and additionally reinforced slab will improve safety and prevent future damage from carts and other equipment that are used in the nearby area. This project was originally approved in FY 2022/23.Subtotal Carryover CapEx Construction Costs 8,472,212$ 423,612$ 8,895,824$ Audio/Visual A/V - Renewal and Replacements75,000 3,750 78,750 This project improves Audio and Visual ("A/V") infrastructure by replacing broadcast patch panel equipment and other A/V equipment that is used by all events. Existing A/V equipment is worn and/or partially damaged due to regular wear and tear on equipment from typical use during events. The existing equipment is original to the building and is in need of replacement. The project was originally approved in FY 2023/24. Technical specifications bid documents are developed, but work will carryover into FY 2025/26.Audio/Visual Crestron Control & Building Operating System Upgrades - Phase 230,000 1,500 31,500 The project provides an upgrade to the existing Crestron Control system. The proposed upgrade allows the stadium Engineers to utilize the Crestron system to monitor HVAC, Lighting, Electrical, and Fire Alarms. The comprehensive system shall enable these items to interface with one another for stadium Engineers to see a real time view of the building's systems. This project is phase 2 to a project that was completed in FY 2022/23 which evaluated the project and provided direction for phase 2. This is a FY 2023/24 carryover project.

Santa Clara Stadium Authority2025/26 CapEx Budget Carryover (Cont.)

57 Item TypeSCSA RequestedDescription CostRemaining ContingencyTotal CostAudio/Visual Radio Booth Cabling - Phase I523,708$ 26,185$ 549,893$ The project will install fiber optic cabling to increase the low voltage cabling backbone. This installation will accommodate the expanding requests received for booth usage during stadium events and will help the stadium keep up with emerging trends. The project will install fiber optic cabling between multiple booths located on the 800 level suite tower location and the broadcast patch panel (Room 01.69.08) near the loading dock on the exterior south end of the stadium. Fiber design shall include TAC-12 and DT-12, or better. New fiber termination panels in each booth, along with additional conduit and raceway is considered. This is a FY 2019/20 carryover project.Furniture, Fixtures & EquipmentReplace furniture for BNY Field Clubs, United, Levi's 501 & Yahoo clubs and Special Event spaces76,420 3,821 80,241 Purchase replacement furniture for clubs and special event spaces to enhance areas and meet client expectations. These spaces are amongst the most utilized in the entire stadium. The current furniture has been in place since the building opened in 2014 and is aging due to normal wear and tear as a result of numerous events in the stadium over the first ten years of operation. The furniture specifications are developed and the RFP is complete. This project was originally approved in FY 2019/20 but was not completed. The purchase and delivery of the furniture will carryover into FY 2025/26.Food and Beverage CO2 Monitoring & Sensors for Code Compliance178,000 8,900 186,900 The project will design and install remote CO2 monitoring equipment utilizing the existing Automatic Logic Controller (ALC) system. The current CO2 monitoring has local alarm three stage alarm, but is not connected to any Building Management System for remote monitoring. A recent CO2 assessment was performed that found the current monitoring system is compliant with all requirements, but the assessment recommended this remote monitoring upgrade as a best practice for safety. This project will evaluate, recommend and design remote CO2 monitoring system for enhanced safety for stadium staff per Authorities Having Jurisdiction. All Beer Cooler locations and Concession Soda Box Locations shall be monitored by the remote monitoring system. This is a FY 2023/24 carryover project.Food and Beverage Main Kitchen Equipment262,308 13,115 275,423 General renewal and replacement of kitchen service equipment in the Main Kitchen. Project will include any necessary design, permit, purchase and installation of aging kitchen equipment that is near or at the end of life. Project originally approved in FY 2016/17 but was not completed.HVAC/Mechanical Install New Kitchen Exhaust Fans throughout the building230,770 11,539 242,309 Install variable frequency drive (VFD) Units on kitchen exhaust fans for soft start (slow ramp up) capabilities. Kitchen exhaust fans currently operate 100 percent of the time. Installing VFD units will modulate the power and save energy whenever the fan is in use. Soft start extends the life of the equipment and saves energy. (Pilot Project option) This is a FY 2019/20 carryover project.Public Safety - IT Replacement of end of life Network equipment 25,000 1,250 26,250 This project replaces network equipment that was originally installed several years ago and is now end of life and not supported. This replacement cost includes equipment, shipping/tax and installation. This is a FY 2022/23 carryover project.Public Safety - Police Communication Equipment - Console 316,000 15,800 331,800 Acquisition of two additional Motorola Radio Consoles to replace the existing Motorola Consolettes, which are approaching the end of life. Unlike consolettes, full consoles provide enhanced audio clarity, expanded communication capabilities, and improved functionality through better integration and customizable settings. Additionally, these consoles are built with robust durability, reducing the likelihood of malfunctions and minimizing downtime. This investment represents a long-term solution that offers greater scalability to meet our evolving communication and safety needs. By enhancing reliability, operational efficiency, and adaptability, these consoles will provide substantial long-term value and improve overall communication effectiveness. This is a FY 2023/24 carryover project.