3. Exhibit B of the Agreement, entitled "Schedule of Fees," is amended to reflect a revised maximum compensation value of one million three hundred forty-seven thousand, seven hundred six dollars ($1,347,706).
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: 7 /5' / -z, J
¥ ~ CttyManager
"CITY"
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
WALLACE ROBERTS & TODD, LLC
a Delaware Corporation
Dated: ---:;::~c;:;-::;;;---r~r:;:'Tf?~ :==;::=:::::1:.:;;------ B y (Signature): f- ~~~~~~~W- -J~- -----
Name: '<:;:::::- -----, ~---- -,---------
Tit I e: Princi al
Principal Place of 478 Tehama Street, Suite 2B
Business Address: San Francisco, CA 94103
Email Address: jsticl<[email protected]
Telephone: (415) 575-4722
Fax: (215) 732-2551
"CONSULT ANT"
1:\PLANNING\Admin\Contracts\WRT\Amendment No 4\Amendment No. 4 WRT.doc Amendment No. 4 to Agreement/WRT-Downtown Precise Plan
Rev. 10/25/2019
WRT MEMORANDUM
To: Lesley Xavie r, Project Manager, City Date: June 16, 2023 of Santa Clara From: Peter Winch
Senior Planner
Ref. No .: 08334 .02
Projec t: Santa Clara Civic Center
Relocation Study
Pages: 2
Re: Additional Case Study Evaluation
CC: J im Stickley, Principal, WRT
WRT and our subcons ultant partners are working closely with City Staff and the Downtown Comm unity Task Force on a Civic Center Relocation Study to consider the potential cos ts and benefits of shifting city functions to Downtown Santa Clara. The City has requested that WRT propose a scope and fee for conducting two additional case studies of comparab le city hall relocation projects around the U.S.
The WRT Team's original budget for the case studies sub task was $17,290. Each member of our Team used considerably more time than we budgeted for to complete the case studies. Based on this exper ience, we request a fee of $16,000 to complete two additional studies. This would include $6,000 for EPS and $5,000 eac h for WRT and PFAL.
EPS's portion of this effort could be shifted from th eir remaining budget of $11,400 in Task S. This budget was provided for up to 40 hours of Principal-level as-needed project support . If this approach is taken, the need for additional budget would be redu ced to $10,000. The addition al proposed scope of work is summari zed on the following page .
WRT, LLC I 478 Tehama St reet, Suite 28 I San Francisco, CA 94103 wrtd es ign .com I 415 .575 .4722
N:\8000\9334.02 Sant.1 Clara Civic Center Relocation Study\1-Administration\2-Agieements & Proposals\WRT P,oposa1s\Santa Clara Civic Center Relocallon Study_Addillonal Case Studies proposal_202J.Q6.16.docx
MEMORANDUM
Santa Clara Civic Center Relocation Study: Additional Services Task 9: Additional Case Studies
June 16, 2023
In Task 3, WRT, EPS, and PFAL evaluated six case studies of City Hall relocation projects across the United States. At the request of members of the Downtown Community Task Force and City Staff, the Team will analyze two (2) additional case studies: Sandusky, Ohio and Winter Garden, Florida. For each case study, WRT will evaluate the way city hall relocation functioned in its physical urban context. EPS will conduct research to understand each city hall project based on City documents, hearing transcripts, media reporting, and other readily available sources, and will contact each city to seek an interview with staff about the project, including benefits, challenges, and lessons learned, etc. EPS will report on outcomes, including the degree to which private investment has followed public investment. PFAL will consider financing and procurement aspects of the case studies.
Meetings:
• Meeting with City Staff
• Task Force presentation (to be combined with existing presentation) Deliverables:
• Additional Case Studies presentation
Timeframe: 1 month
Cost: $16,000
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-280 Agenda Date: 3/25/2025
REPORT TO COUNCIL
SUBJECT
Authorize the City Manager to Execute a Small Cell Attachment Agreement with GTE Mobilenet of California Limited Partnership, D/B/A Verizon Wireless.
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
GTE Mobilenet of California Limited Partnership, D/B/A Verizon Wireless (Verizon), has requested to install small cell equipment within the public right-of-way on City-owned streetlights. The City of Santa Clara owns over 8,500 streetlights in the right-of-way.
Small cell antenna installations are wireless telecommunication devices that consist of radio receivers, antennas, and other equipment. Small cells use less power than a typical cell tower and need to be spaced closer together in order to deliver high-capacity data services. A typical small cell installation is used to enhance services in areas of high data usage or are otherwise in need of support to meet capacity needs.
In September 2018, the Federal Communications Commission (FCC) passed a declaratory ruling titled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment” to support the proliferation of small cell technology. The ruling restricts the authority of state and local governments to regulate small wireless facilities, including limiting fees that can be assessed by municipalities and creating a shot clock for review of new small cell application(s).
DISCUSSION
The proposed agreement with Verizon is very similar to an agreement with New Cingular Wireless (also known as AT&T) that the City Council authorized in 2020. The Small Cell Attachment Agreement (Agreement), Attachment 1, contains uniform terms and conditions applicable to all Verizon wireless facilities on City-owned streetlights and outlines the process for Verizon to license individual streetlights. The Agreement was developed in accordance with best utility practices and is designed to assist the City to comply with the FCC’s Declaratory Ruling. Verizon is still subject to obtaining all necessary applications and permits (such as building applications and encroachment permits). The Agreement directs Verizon to comply with all applicable City, state, and federal law and any applicable Silicon Valley Power guidelines, including the City’s Wireless Telecommunication Facilities ordinance (SMC Section 18.66) and SVP’s Standard OH 1570 “Small Cell/DAS Attachments to SVP Streetlights” (“OH 1570”), Attachment 2. OH 1570 contains, among other things, aesthetic design requirements (including antenna and equipment concealment), height limits, and testing.
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This Agreement does not identify specific locations for the small cell installations. In fact, Verizon is required to submit an application for each site and the City may deny the location on a number of grounds, including, but not limited to, (1) Verizon’s proposed plans and telecommunication specifications; (2) compliance with any applicable Laws; (3) impacts on the City’s street light operations; (4) any potential hazards or unsafe conditions that could result from the installation and operation of the facilities; and (5) any potential visual or aesthetic impacts. The Agreement completely reserves the City’s right to disapprove a site based on these factors. Should an application deviate from the guidelines, Verizon could request a variance.
It is important to note that Verizon is currently working with the City to pursue approximately 20 installations in and around Levi’s Stadium in advance of the 2026 Superbowl. The City will review these locations based on the above factors and, as mentioned above, Verizon must comply with OH1570 as further described on the SVP Small Cell Deployment webpage:
<https://www.siliconvalleypower.com/svp-and-community/projects/small-cell-deployment> In addition to a City encroachment permit, OH1570 requires Verizon to follow a community outreach process for each proposed site. This process requires Verizon to do all of the following:
· Prepare mailing list and to notify all property owners and residents within 300 feet of the proposed facility via registered mail or certified mail. · Provide the City with the following:
o A copy of the letters and exhibits that were mailed to property owners and occupants within 300 feet of proposed facility.
o An aerial map showing the location of the proposed facility and an outline of the properties that are within 300 feet of the outreach area. o A list of all property owners, tenants, and occupants that were to receive the notification, including their address.
o An affidavit stating all property owners/occupants on the mailing list were sent letters.
Such affidavit must indicate the date the letters were deposited with United States Postal Service.
· Answer questions and address comments of property owners. The property owners shall be given 21 calendar days from the notification date to contact Verizon with any questions or concerns.
· Provide a response (via email or letter) and attempt to resolve any issues prior to permit issuance
· Keep a record of the complete text of each recipient’s comments, requests, questions, and Verizon’s responses and provide to City upon request.
· Upon completion of the notification period, Provide the City with a compilation of all inquiries received (if any), including breakdown of the comments and concerns. The list shall be accompanied by an affidavit stating all inquiries received have been complied with and provided to the City, or that no inquiries were received for the proposed facility · Work with the City to address any concerns to the maximum extent possible.
The proposed Agreement has a term of 10 years, with an option to renew for 1 additional term extension of 5 years for a maximum of 15 years. The Agreement also grants non-exclusive attachment rights, outlines an application process, and contains a street light reservation process.
The Agreement addresses installation, removal, operation, and maintenance of the small cell facilities as well as emergency replacement and Verizon’s responsibility for costs associated with the small cell installation. Fees will be collected per small cell installation including attachment rates, City of Santa Clara Printed on 3/21/2025Page 2 of 4
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25-280 Agenda Date: 3/25/2025
application fees, electric service, and buildout costs.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15303 (New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations: as the proposed project involves the installation of small cell antennas on existing street light poles and in some cases involves the replacement of existing light poles.
FISCAL IMPACT
There is no cost to the City for the proposed agreement. The required expenses incurred by City departments will be recovered through associated fees as specified in the Agreement or, where applicable, the City of Santa Clara Municipal Fee Schedule.
Verizon will pay an annual communications equipment license fee which is initially set at $270 per street light pole. This fee may be changed if the City completes a cost study that the cost incurred by City to maintain the street light poles with attachments and for Verizon’s use of street light pole is greater than $270 per pole. It is estimated that between 10 to 24 installations will be requested for an annual revenue of $2,700 to $6,480. The communication equipment license fees will be recorded in the Electric Utility Operating Fund.
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].
RECOMMENDATION
1. Determine the proposed action is exempt from CEQA pursuant to section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and
2. Authorize the City Manager to execute the Small Cell Attachment Agreement (Agreement) with GTE Mobilenet of California Limited Partnership, D/B/A Verizon Wireless; and
3. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement as amended to (a) maintain consistency with local, state, or federal regulations or make other necessary or advisable changes; (b) adjust future fees and rates; and (c) exercise an option to extend the term through March 31, 2040, subject to 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
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1. Proposed Small Cell Attachment Agreement with GTE Mobilenet of California Limited Partnership, D/B/A Verizon Wireless
2. SVP Standard - Small Cell DAS Attachments to SVP Streetlights OH 1570 City of Santa Clara Printed on 3/21/2025Page 4 of 4
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
EB
IX Insurance No._____________
SMALL CELL ATTACHMENT AGREEMENT|
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, D/B/A VERIZON
WIRELESS
This Small Cell Attachment Agreement (“Agreement”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation doing business as Silicon Valley Power (“City”), and GTE Mobilnet of California limited partnership , a California limited partnership, d/b/a Verizon Wireless , with a mailing address of One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Company”). City and Company may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City, owns, operates, and maintains Street Light Poles, arms, and other related equipment and land rights under its street light poles or arms ( “Street Light Poles ”), to provide illumination to its citizens;
B. City solely owns its Street Light Poles and does not sell an ownership interest in its Street Light Poles. City enters into Attachment Agreements to allow the attachment of non-City owned facilities to its Street Light Poles. City retains legal possession and control over all Street Light Poles for City ’s operations, which shall be superior to Company’ s interest at all times;
C. Company represents that it is either (a) a personal wireless service provider authorized, certified or licensed by the Federal Communications Commission (FCC) or other regulatory agency, (b) an operator of a Small Cell or distributed antenna system network authorized, certified or licensed by the FCC, the California Public Utilities Commission (CPUC) or other regulatory agency, (c) a wireline provider of Telecommunications Service authorized, certified or licensed by the CPUC, or (d) a provider of Multichannel Video Services franchised by the CPUC or other regulatory agency; D. The Parties agree that City shall be reimbursed for the “Total Cost” of any work incurred by City for establishing and maintaining this Agreement with respect to its Street Light Poles and in accordance with the terms of this Agreement. “ Total Cost” shall be defined as including the fully- burdened hourly rate, cost of materials and equipment, and cost of payments to City’s contractors. Company shall pay any such reimbursements, or any other payment, to City within thirty (30) days of invoice issuance unless otherwise stated; E. City has determined that its electric utility ratepayers are not required to subsidize third parties, including individuals, business entities or their owners or their stockholders by entering into contracts regarding the use of its Street Light Poles in a manner which may jeopardize the reliability of the Utility’s Street Illumination System. City shall charge Agreement with Verizon Wireless
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nondis
criminatory fees in accordance with applicable law for contacting its Street Light Poles;
F. City has determined that the electric utility ratepayers have invested in City ’s SVP MeterConnect WIFI system and that the continued reliable operation of the service is not to be diminished as a result of this Agreement;
G. City has the ability to control the conditions under which third parties are allowed to contact its Street Light Poles and street lights attached to street light arms attached to utility poles; H. For the purpose of this Agreement, the term “Communications Equipment” shall mean City, Company, or third parties’ small cell equipment or other equipment and technologies that enable wireless communications as the same may evolve or be adopted, and ancillary equipment and installations, including wiring, cabling, power feeds, and any approved signage attached to thereto;
I. For the purpose of this Agreement, the term “ Small Cell” shall mean compact communication sites in a mobile network that provides a smaller coverage area than traditional macrocells and the term “ Pole Attachment” shall mean any attachment by a Party to this Agreement to a Street Light Pole owned or controlled by City; J. Company desires to attach, operate, and maintain its Communication Equipment on Street Light Poles, as described in Exhibit B, attached hereto and incorporated herein by this reference, in order to further its business purposes in providing a secure and reliable network;
K. This Agreement does not apply to any electric utility distribution or transmission poles; L. This Agreement does not apply to any cable, fiber, amplifier, switching, processing and transmission and distribution components of cable or electric systems and only applies to services described herein;
M. Because it is impractical to execute a separate agreement in each instance which Company desires to contact the Street Light Poles, it is the intent of the Parties that this Agreement shall be the all-inclusive master agreement regarding such contacts for the duration of this Agreement;
N. Unless otherwise stated the term “days” shall mean calendar days; and O. Construction and design practices relating to this Agreement shall be governed by the most recent version of Silicon Valley Power’s (“SVP”) Standard OH 1570.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
Agreement with Verizon Wireless
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The documents forming the entire Agreement between City and Company shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Sample Instructions and Application
Exhibit B – Typical Communications Equipment
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 of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control
2. TERM OF AGREEMENT
2.1 Initial Term. Unless otherwise set forth in this Agreement or unless this Section is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on April 1 , 2025, and terminate ten (10) years thereafter (“Initial Term”).
2.2 Option to Extend. Company shall have the Option to Extend the term of this Agreement beyond the Initial Term described herein for one (1) additional five (5) year period with the same Terms and Conditions provided herein (“Renewal Term”), provided the following (i) Company shall give written notice of its intention to extend this Agreement at least ninety (90) days, but no more than one hundred eighty (180) days prior to the expiration of the Initial Term; (ii) Company is not in default of any of the material Terms and Conditions of this Agreement; (iii) and with written mutual agreement of the Parties.
3. SCOPE OF ALLOWED USE OF CITY STREET LIGHT POLES
Company shall attach its Communications Equipment on Street Light Poles in accordance with SVP’s Standard OH 1570 “Small Cell/DAS Attachments to SVP Streetlights” and shall perform the work required to install its Communications Equipment promptly and in such manner as not to interfere with the services of City and/or City’s third party attachers with authorized attachments. If Company shall use contractor(s) to perform any work contemplated by this Agreement, Company shall notify City in writing and identify the contractor(s) as soon as the contractor(s) is/are known to Company. When performing work in accordance with this Agreement, Company and/or contractor(s) shall wear clothing with visible labels that clearly identifies Company/contractor name and/or logo; such clothing includes a hat, vest, shirt, etc. Use of any Street Light Poles under this Agreement shall be confined to Communications Equipment, for which City has specifically given Company written permission to install in accordance with this Agreement . Due to the nature of the Communications Equipment only one carrier’s installation of its Communications Equipment for all of its approved equipment with approved technologies (which may include Agreement with Verizon Wireless
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multiple points of contact as provided in Exhibit B) shall be allowed per Street Light Pole; provided that any Company’s Communications Equipment shall (a) comply with applicable City, state, and federal law and any applicable Silicon Valley Power guidelines, including SVP’s Standard OH 1570 “Small Cell/DAS Attachments to SVP Streetlights”; and (b) be subject to City’s review and approval in accordance with Section 6.1 of the Agreement and other applicable provisions . For any non-City government agency or non- electric utility City attachments, City or any other local government agency may install attachments to the Street Light Pole for any public purpose upon at. least 48 hours’ prior written notice from City to Company . In the event of City or other government agency interference, Company shall have no other recourse, except t o request a relocation of its Communication Equipment to another Street Light Pole.
4. RESERVATION OF POLE LOCATION
Prior to the submission of an Application as described in Section 5, Company may request in writing that a specific Street Light Pole be reserved for the placement of its Communications Equipment (“Reservation”). Such requests are for the purpose of design investigations and shall not be used for anticompetitive reasons. The Reservation of the Street Light Pole is not considered an Application and does not start the Application as described in Section 5. Company shall not reserve a Street Light Pole that is already reserved or in use by another party. A maximum of thirty (30) Reservations (one Reservation per Street Light Pole) may be held at any time by Company. Reservations shall expire sixty (60) days after City’s confirmation of Reservation. After a Reservation has expired, Company may request to reserve the same Street Light Pole thirty (30) days thereafter. Requests for a site walk by the Electric Department may occur at time of Reservation submittal or any time before the Reservation expires. Once Company submits an Application for the same Street Light Pole, a Reservation shall be deemed expired.
5. APPLICATION TO PLACE COMMUNICATIONS EQUIPMENT
5.1 Whenever Company desires to place Communications Equipment on any Street Light Pole, Company shall make a written Application (“Application”) to City, in the sample application attached hereto, which may be amended from time to time by City in its sole discretion, for permission to attach to a specific Street Light Pole.
This written Application shall also include, but not be limited to, the location of the specific Street Light Pole, the description of equipment to be attached, height of attachment, necessary work required by City or others to make Street Light Poles ready for attachments, structural and wind loading calculations (calculations to include any City or third party equipment and decorations already attached to the pole), documentation of approval by SVP of electric service in accordance with Section 15.5 of this Agreement, power requirements of the equipment, a copy of a letter from City’s Community Development Department approving of the node design, a photo simulation of the Street Light Pole showing “before and after” of the Street Light Pole in its entirety and the area in its immediate vicinity. Upon receipt of the completed Application, it shall be deemed an “Active Application” and shall remain an Active Application until City approves or denies the Application. If approved, City shall have the right to inspect Company’s installation Agreement with Verizon Wireless
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of Communications Equipment onto City Street Light Pole. Each individual Application shall be limited to one (1) Street Light Pole per Application.
5.2 City may refuse to accept new Applications if Company has unresolved violations or correction notices or has more than thirty (30) Active Applications with City at any one time. City may continue to refuse new Applications until violations and correction notices are resolved or the total number of Active Applications is thi rty (30) or less. While City is not accepting new Applications, Company may continue to maintain its existing Communications Equipment and City shall continue to process previously accepted Applications. Exceptions to this requirement are stated in this Agreement.
6. APPROVAL TO PLACE COMMUNICATIONS EQUIPMENT
6.1 Company shall not have any right to attach Communications Equipment on City’ s Street Light Poles without prior approval by City of an Application. City may consider any matter that affects its municipal functions or proprietary interests, which include without limitation: (1) Company ’s proposed plans and Communications Equipment specifications; (2) compliance with any applicable Laws; (3) impacts on the City’s street light operations; (4) any potential hazards or unsafe conditions that could result from Company’ s installation, operation or maintenance; (5) any potential visual or aesthetic impacts as set forth in applicable Laws; (6) the additional load on the Pole the proposed Equipment would create; and (7) any municipal plans for the Pole or right- of-way in proximity to the Pole.
The City will comply with all applicable federal, state, and local laws and regulations with respect to the review and approval or denial of an Application to attached Communications Equipment. Company acknowledge s that the City reserves the absolute right to disapprove any Application in whole or in part when the City determines in its sole judgment that the subject Pole Location or proposed Communications Equipment would interfere with the City’s municipal functions or create a hazardous or unsafe condition.
6.2 Approval of the Application by City does not release Company of the obligation to obtain an encroachment permit for any work in the public right-of-way or easement, which must be obtained from City or other agency with jurisdiction. All encroachment permit fees, associated with the Application, shall be the responsibility of Company.
6.3 If, in the judgment of City, the accommodation of any of Company’ s Communications Equipment necessitates the rearrangement of City equipment located on a Street Light Pole and/or the replacement of a Street Light Pole, City shall notify Company in writing within fourteen (14) days after Application approval, regarding the necessary changes (the “City Work Notice”) and the estimated cost of the changes required. If Company maintains its desire to use said Street Light Poles and notifies City in writing of such acceptance within fifteen (15) days of issuance of the City Work Notice including acceptance of all required costs (“Confirmation”), at City’s option, Company may perform the requested Agreement with Verizon Wireless
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rearrangement on behalf of City to City’s specifications . If Company provides Confirmation and City does not opt to have Company perform the requested rearrangement on behalf of City, City shall make such rearrangement or replacement, within six (6) months of Company’s Confirmation. Company shall reimburse all costs incurred by City and attributable to rearrangement of equipment for Company. If during the rearrangement or replacement work City discovers the need for additional work not previously identified, and the actual work requires revisions so that construction exceeds the estimated costs by fifteen percent (15%) or less, then Company shall be liable for those additional costs. If construction costs are found exceed the costs by 15% or more, construction shall be halted, and City shall notify Company, in writing, of any required changes. Company must approve such changes prior to continuation of construction as set forth in approved Application(s). Should construction not be approved by Company, Company shall be responsible for all construction costs up to the halt of construction as well as the costs of restoring the site to its previous condition.
6.4 City shall notify existing third party attachers within fifteen (15) days of Confirmation of any Company make -ready work involving existing third party attachers’ equipment ( “Third Party Notice ”). Company shall directly coordinate with third party attachers on any make -ready work that may be required by third party attachers to accommodate Company ’s proposed work. Company may complete make-ready work with the consent of the third party attachers. All parties shall complete all make-ready work within sixty (60) days of issuance of the Third Party Notice, or within sixty (60) days of the Confirmation if there are no third party attachers to give notice, or some longer timeframe negotiated by Company and the responsible parties. The Total Cost of all make -ready work completed solely to accommodate Company’ s Communication Equipment, including make - ready work completed by third party attachers, shall be at the sole expense of Company. City shall not be responsible to Company for any loss sustained by Company by reason of the failure of any such third party, to make such rearrangements or transfers.
6.5 After completion of any work required by City to make the Street Light Poles ready for placement of the Communications Equipment and after receiving written approval to proceed from City (“Attachment Authorization”), Company shall have the right to install, maintain, repair, and use Communications Equipment described in its Application, subject to any reasonable technical conditions in City’ s written approval. Before commencing any such installation, Company shall provide written notification to City of the time when it proposes to do said work at least five (5) business days in advance so that City may arrange to have its representative present when such work is performed. If Company provided such notice and City’s representative is not available, Company is not obligated to alter its installation schedule or delay any planned work.
6.6 The timelines described in this Section may be extended under special circumstances upon written agreement of all the affected parties. If the installation is not substantially completed in the specified time limit, then upon written notice Agreement with Verizon Wireless
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by City, the approval shall be considered withdrawn and a new Application must be re-submitted for approval. If at any time City finds that the Communications Equipment is not installed in accordance with the approved Application, including but not limited to having installed extra equipment not shown in both the photo simulation and Application documentation, then upon written notice by City, City has the right to stop the installation and require that any installed Communications Equipment not in accordance with the approved Application be removed by Company. If Company fails to remove such non- compliant Communications Equipment within ten (10) days of issuance of written notice from City, City shall have the right to remove non-compliant Communications Equipment, with Company responsible for the Total Cost of the removal.
6.7 Nothing in this Agreement shall be construed to obligate City to grant Company permission to use any part of the Street Light Poles, provided that such use shall not be denied or delayed in a discriminatory manner. If permission to use a part of the Street Light Pole is refused, City shall provide in the response the reason for the denial and the remedy, if such remedy is available, to gain access to the subject Street Light Poles. Company may make other arrangements for the installation of Communications Equipment.
6.8 For the purpose of this Agreement, “Decommissioned Communications Equipment” is Communications Equipment that Company is not using for a continuous period of one hundred eighty (180) days or more nor has any intention of ever using to provide service for Company. Decommissioned Communications Equipment not intended to be used any longer, shall be promptly removed from the Street Light Poles by Company within ninety (90) days of Company’s decommissioning of the Communications Equipment. Company shall send written notification of removal of such Communications Equipment to City. City shall stop charging Communications Equipment License Fees as set forth in Section 15 from the date of receipt of the notification of removal and City shall have the right to verify removal. If City suspects that Communications Equipment on its Street Light Poles is decommissioned, City may send notice to Company for verification. Upon issuance of written notice, Company has ninety (90) days from the date that the notice was issued to remove the Decommissioned Communications Equipment, or to provide written notice to City that it disputes in whole or in part City’s claim that the Communications Equipment is not or shall not be utilized. If Company fails to respond or fails to remove undisputed Decommissioned Communications Equipment, City may remove the Decommissioned Communications Equipment and the Total Cost of such removal shall be at Company’s sole expense. City’s failure to require removal in any particular instance shall not prevent City from requiring removal at a later date.
7. INSTALLATION OF NEW STREET LIGHT POLES
7.1 In locations where Company has received Application approval and per SVP ’s Standard OH 1570 or architectural review and City has determined that a Street Light Pole be replaced with a new Street Light Pole, including footings, that meets Agreement with Verizon Wireless
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all requirements as set forth in this Agreement, Company shall be responsible for any and all costs for said replacement. Any Street Light Poles or footing specifically designed and created to accommodate Company’s equipment shall be provided by Company.
7.2 Company agrees not to erect any Street Light Pole of its own where City shall provide Street Light Poles adequate to accommodate Communications Equipment.
If Company desires Communications Equipment in location(s) where City does not have Street Light Poles, Company shall submit an Application as described in Section 5 and identify the need for new Street Light Poles at specific locations and City shall (a) at the sole expense of Company, perform a photometric lighting study to determine if a new Street Light Pole can be placed in the requested location, and (b) provide a response within ninety (90) days of City’ s receipt of Company’ s completed Application. If City denies the request or fails to respond within ninety (90) days, Company’s Application shall be withdrawn. If City approves Company’s request for the placement of a new Street Light Pole, Company shall directly procure the Street Light Pole, install the foundation, and may install the Street Light Pole per City’s requirements, however City shall be the only entity allowed to connect the Street Light Pole and service circuits to City ’s distribution system.
After installation is complete, Company shall install remaining Communications Equipment as described in Section 8.
7.3 Any replacement or new Street Light Pole installed by Company pursuant to this Section shall have its ownership immediately transferred over to City upon acceptance by City. Any Communications Equipment placed on the new Street Light Pole shall not have its power connected until ownership of the Street Light Pole has been transferred to City.
8. INSTALLATION AND MAINTENANCE OF ATTACHMENTS
8.1 Company shall, at its own sole risk and expense, install and maintain Communications Equipment on Street Light Poles in safe and good repair and in accordance with the requirements of SVP’s Rules and Regulations, and all City, local, state and federal laws, ordinances and regulations.
8.2 Company shall have ninety (90) days from Attachment Authorization to complete the attachment, unless the Parties mutually agree to extend such timeframe.
Following Company’s installation of the attachment, City shall provide post - construction comments, if any, within forty- five (45) days after City receives written notification of completion from Company. If Company fails to perform work related to City’s post-construction comments within the timeframe described in this Agreement, City may perform the necessary work, the Total Cost of which City shall be reimbursed by Company. Clearance for the electric service connection shall not be given until all of City’s post -construction comments are addressed to the satisfaction of City.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
8.3 If City identifies any deviation from the aforementioned requirements involving Company’s Communications Equipment, City shall report that deviation by written notice to Company. Company shall subsequently either respond in writing disputing the alleged deviation within thirty (30) days of issuance of the written notice or resolve the deviation so that the Communications Equipment conforms to all requirements. Such resolution shall be completed within one hundred eighty (180) days of issuance of written notice, or less if required by applicable law. If Company fails to perform corrective actions or file a dispute within the specified time, City may perform the necessary corrections, the Total Cost of which shall be reimbursed by Company to City. No Applicati on is necessary for replacement of existing Communications Equipment if such replacement is the same or smaller size, weight and energy draw and utilizes the same appearance, mounting points, and pole interior access points, as the existing Communications Equipment that was previously submitted and approved by City, or if the Parties agree that such replacement constitutes maintenance. In such instances where no Application is required, Company shall provide written notice within thirty (30) days of replacement of any reduction to the size, weight and energy draw of the Communications Equipment.
9. IDENTIFICATION OF COMMUNICATIONS EQUIPMENT
Company shall identify the Communications Equipment newly installed or serviced at each contact point by means of a marking method mutually agreed upon by the Parties. Such identification shall be visible from ground level. Company shall provide City a 24-hour contact phone number, as set forth in Section 39, to enable City to report any concerns regarding the Communications Equipment. In the event that City reports such concerns to Company, Company shall respond to such call(s) within three (3) days and perform the required repair or correct any adverse impact to City’s operations caused by such Communications Equipment at no cost to City unless solely caused by City, within thirty (30) days.
10. ADDITIONAL ATTACHMENTS
Except as provided for herein, Company shall not have the right to place, nor shall it place, any additional Communications Equipment in contact with any Street Light Poles, or modify the location or manner in which existing Communications Equipment attaches to any Street Light Poles, used by it without first following the attachment Application process described in this Agreement and receiving Attachment Authorization from City as described in this Agreement; provided, however, Company need not follow the Application process or obtain City’s consent for any addition that involves (a) only the substitution of internal components past the power disconnect switch, and does not result in a change to the external appearance, dimensions, energy draw or weight of Communications Equipment with Communications Equipment approved by City, or (b) replacement of Communications Equipment as provided for in Section 8 of this Agreement. Company may rearrange existing attachments without being charged an additional attachment fee; for any new attachments the applicable fee shall be charged.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
11. SUBSEQUENT ATTACHMENTS
If City intends to authorize or permit attachments of a third party to a pole jointly used by Parties under this Agreement, and if the proposed attachments of such third party requires the rearrangement of any Communications Equipment, City shall obligate such third party to agree to pay to Company the cost for Company to rearrange the Communications Equipment and any damage caused thereto before authorizing or permitting the attachments, to the extent allowed under existing contracts and applicable law.
12. WARRANTY
12.1 Company warrants to City that any work performed, including installations, by Company on replacement Street Light Poles that Company may install and transfer pursuant to this Agreement shall be of quality workmanship and free from defects.
To the extent any warranties Company obtains for replacement Street Light Poles that it may install and transfer to City pursuant to this Agreement are assignable, Company shall assign such warranties to City.
12.2 The foregoing warranty of workmanship shall apply to defects which appear within eighteen (18) months of Street Light Pole ownership transfer or twelve (12) months from its first use by City, whichever occurs first (the “Warranty Period”).
12.3 If the work performed hereunder does not meet the above warranty, City shall, within the Warranty Period, promptly notify Company in writing and make the asset available for correction. Company shall thereupon correct any covered defect by, at its option and expense, (a) repairing or replacing the defective asset or parts thereof; or any defective parts that are replaced by Company shall, at Company’s option, be returned by City at Company’s sole expense to a Company’s chosen facility within thirty (30) days from the date of written instruction by Company. If a defect in the workmanship cannot be corrected by Company’s best efforts, City may correct the defect at Company’s sole expense.
12.4 Any repaired or replacement part furnished under this warranty shall carry warranties on the same terms as set forth above, except that the Warranty Period shall be for a period of ninety (90) days from the date of such re-performance, repair or replacement or the remainder of the original Warranty Period, whichever is longer. However, in no case shall such Warranty Period extend beyond twenty-one (21) months from ownership transfer or first use, whichever occurred first.
12.5 If, after thirty (30) days after written notification of the breach of warranty to Company or, in the case of a breach which results, or could reasonably be expected to result, in a forced outage of the Street Light Pole after three (3) business days after such notification where such notification informs Company of the shortened cure period due to the potential forced outage, Company has not commenced the correction of the breach and thereafter diligently pursued such correction, then City, by written notice to Company, may correct or cause to be corrected such breach in accordance with this Agreement, and Company shall be liable for all costs, charges Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
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and expenses directly incurred by City to effect such repair or replacement and shall forthwith pay to City an amount equal to such costs, charges and expenses upon receipt of invoices certified by City. City’s actions in correcting defects in accordance with this Section shall not void Company’s warranty obligations except (a) Company shall not warrant the services performed or materials provided by City or any third party, or (b) if City or its third party agent engages in a warranty- negating activity, i.e., normal wear and tear including that due to environment or operation, improper storage, operation, installation, repair and maintenance of the asset.
12.6 Company does not warrant the replacement Street Light Poles or any repaired or replacement parts against normal wear and tear including that due to environment or operation. The warranties and remedies set forth herein are further conditioned upon the proper storage, installation, operation, repair and maintenance of the Street Light Poles.
12.7 The preceding paragraphs of this Section set forth the exclusive remedies for all claims based on failure of or defect in the work performed by Company on City owned assets provided under this Agreement, whether the failure or defect arises before or during the Warranty Period and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligenc e), strict liability or otherwise. The foregoing warranties are exclusive and are in lieu of all other warranties and guarantees whether express, written, oral, or implied.
12.8 Company hereby warrants that it has acquired, and maintains during the term of this Agreement, all necessary authorization required to provide services set forth in this Agreement within City. If the nature and character of Company ’s Communications Equipment, beyond the definition of Communications Equipment specified in this Agreement, changes in the future, Company shall notify City, in writing, at least thirty (30) days in advance of its intent to change the nature of its Communications Equipment. The Parties agree that the terms of this Agreement are based on the nature of Communications Equipment attached to the Street Light Poles. Company acknowledges that any unauthorized change in the nature of Communications Equipment, beyond the definition of Communications Equipment specified in this Agreement, shall require either an amendment to this Agreement or the renegotiation of the terms and conditions of this Agreement.
13. RIGHT OF CITY TO INSPECT
City shall have the right to inspect each new installation of Communications Equipment attached to Street Light Poles and to make periodic inspections at City’s discretion as conditions may warrant. Such inspections shall not relieve Company of any responsibility, obligation or liability assumed under this Agreement.
14. ACCESS
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
For the term of this Agreement, Company is authorized to use any easements of City and public rights-of-way of City for access to Street Light Poles to which Communications Equipment is or shall be attached pursuant to this Agreement and applicable design standards so long as such use is not in conflict with City’s present and future use. Easement authorization for purposes of this Section shall be deemed revoked upon Communications Equipment removal for more than ninety (90) consecutive days or as described in Section
21.1. The right to access the Street Light Poles granted by this Agreement is non-exclusive.
15. COMPENSATION AND PAYMENT
As compensation for the right to install and maintain Communications Equipment on Street Light Poles, Company shall pay to City fees calculated as set forth as follows:
15.1 Application Fee. The non- refundable one -time Application fee for Application (“Application Fee”) review and inspection of Communications Equipment installed on Street Light Poles is set forth by City Council. The Application Fee is subject to City’s review and adjustment in accordance with City policies and procedures and in accordance with any applicable law(s).
15.2 Surety Bond. Prior to the installation or other work performed by Company pursuant to this Agreement, Company shall furnish City with a surety bond satisfactory to City in the amount of two hundred and fifty thousand dollars ($250,000) (“Surety Bond”) to protect City in the event of a default or if Company fails to meet and fully perform any of its obligations in accordance to this Agreement. The bonding company shall be a United States based entity with legal rights to issue bonds in the State of California. The bond forms shall be in a form approved by the City Attorney. In the event City draws from Surety Bond, in whole or in part, then Company shall replenish the Surety Bond to the full amount stipulated within thirty (30) days and failure to do so shall be dee med a default. If Company fails to meet and fully perform any of its obligations in accordance to this Agreement causing the City to draw from the Surety Bond two (2) or more times in a twelve (12) month period, City reserves the right to increase the required bond amount up to an additional $50,000.
15.3 Communications Equipment License Fees. Company shall pay City an annual Communications Equipment License Fee of two hundred seventy dollars ($270.00) per Street Light Pole upon which Communications Equipment is attached for the applicable twelve (12) month period upon which the annual Baseline Report or Inventory Report, as appropriate, is based. The first annual Communications Equipment License Fee shall be prorated based upon the Baseline Report and said amount shall become due upon due date specified in City issued invoice. Annual Communications Equipment License Fees thereafter shall be paid annually as set forth in Section 15.7. The annual Communications Equipment License Fees shall be charged for each Street Light Pole on which Company has installed Communications Equipment. The First Annual Communication Fee payment for new Communication Equipment attachments shall be prorated based on the date of Application Approval.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
15.4 Cost. From time to time City may perform a cost study to determine the cost incurred by City for Company’ s use of the Street Light Pole and maintaining the Street Light Pole to which Company’s Communications Equipment is attached and (i) such cost is found to be reasonable and non-discriminatory by the City Council and approved in accordance with City policies and procedures and any applicable law(s) (“ New Communications Equipment License Fee ”); and (ii) such cost is greater than two hundred and seventy dollars ($270.00) per Street Light Pole upon which Communications Equipment is attached, Company shall pay City the difference between the New Communications Equipment Contact Fee and two hundred seventy dollars ($270.00) for a period between the Revised License Fee Date back to the last annual anniversary of the Commencement Date, which period shall not exceed twelve (12) months (the “Look Back Period” ) for all approved Applications in effect as of the Revised License Fee Date for those years during the Look Back Period in which Company has paid the two hundred seventy dollars ($270.00) Communications Equipment License Fee. Then Company’ s Communications Equipment License Fee shall escalate to the amount of the New Communications Equipment License Fee for all approved locations then in effect and shall become the Communications Equipment License Fee for all locations that are approved and become effective thereafter. If during the term of this Agreement the Communications Equipment License Fee of two hundred seventy dollars ($270.00) established by the Declaratory Ruling issued by the Federal Communications Commission on September 27, 2018 in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088) (“ Wireless Infrastructure Order”) is increased by the FCC or other applicable rule, regulation or law, the Communications Equipment License Fee of two hundred seventy dollars ($270.00) set forth herein shall be replaced by such higher pole attachment fee (“New Communications Equipment License Fee”). The New Communications Equipment License Fee shall apply as of the date the FCC or other regulatory agency adopts such higher fee (the “Revised License Fee Date”). Upon the Revised Contact Fee Date, the New Communications Equipment License Fee shall become the “Communications Equipment License Fee” as referred to in this Agreement.
15.5 Electric Service. Company shall be responsible for obtaining electric service to its Communications Equipment in accordance with SVP Rules and Regulations, City policies and procedures and any applicable law(s). City shall review electric service requests pursuant to its procedures and timeframes for connecting new customers.
Such electric service requests are considered to be separate from the Application for attachment as described in Section 5 of this Agreement. Each new service account shall be served under City’s applicable electric rate schedules and Company shall be responsible for the payment of every service charge and electrical bill rendered to Company’s service points pursuant to such rate schedules.
15.6 Unmetered Service. At City ’s sole option, service to one or more of Company’s service points may be unmetered. Bills for unmetered usage at each service point shall be calculated based on City’s applicable rate schedules and rules for service.
If metered service is required by City at any point, bills for such service shall be rendered pursuant to City’s applicable rate schedules and rules for service.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
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15.6.1 For each unmetered service point, if an applicable rate schedule is not in place, energy usage for each bill cycle shall be the product of the maximum nameplate power consumption of the Communications Equipment connected to each service point times 730.
15.6.2 Company shall submit written notification to City at least sixty (60) days prior to any change in Communications Equipment that would change usage for any unmetered service point by more than five percent (5%).
15.6.3 Company shall provide City with a written description of the equipment model, type, unit and nameplate capacity, prior to the installation of any equipment.
15.6.4 Billing for energy at each service point shall continue until Company informs City, in writing, as described in this Agreement, as expeditiously as feasible, that Company has removed Company’ s Communications Equipment.
15.6.5 City shall have the right to test meter the load at various locations and at various types and ratings of the Company’ s Communication Equipment to the extent necessary to verify the estimated kWh usage used for billing purposes. City shall make prospective adjustments in estimated usage for subsequent billing purposes; however, City shall be under no obligation to test meter the load of Company ’s Communications Equipment. City’ s decision not to test meter the load of Company’ s Communications Equipment shall not release Company from the obligation to provide to City, and to update, as provided in Section 15.6.2, an accurate inventory of the types, rating and quantities of equipment upon which billing is based. If City, at its sole discretion, requires a metered energy charge for Company’s Communications Equipment, Company shall comply with any metering requirements by City, and shall be subject to any applicable City meter installations charges.
15.7 Payment Schedule. Each payment shall continue at the level referred to above until adjusted as provided in this Section. The amount of the Communications Equipment License Fees due to City from Company for any year shall be based on the number of Communications Equipment as set forth in the annual Baseline Report or Inventory Report, as appropriate. Said amount shall become due upon due date specified in City issued invoice and payable in one (1) annual installment.
The payment dates provided for in this Se ction may be modified by City upon written notice to Company. City may render an invoice for amounts due, but failure by City to render an invoice does not relieve Company from its obligation to pay the Communications Equipment License Fees due.
15.8 Overdue Payments. If the payment is not paid as required herein, simple interest on unpaid, undisputed amounts of the payment shall accrue, until paid, at one percent (1%) per month.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
15.9 Payment for Renewal Term . At the cessation of the Initial Term, as defined in Section 2, Company may elect to renew this Agreement ( “Renewal Term”) as set forth in Section 2.2 for that Renewal Term and at the Rate Schedule set forth in this Section 15.
15.10 Baseline Report. The compensation in this Section 15 shall be based upon the pro- rated number of Communications Equipment estimated to be attached to Street Light Poles between April 1, 2025 and June 30th, submitted by Company in writing to City no later than May 31st of the first year (“Baseline Report”). The Baseline Report shall include Street Light Pole locations. City shall have the right to audit and verify the Baseline Report to assure the accuracy of the number of Street Light Pole attachments stated.
15.11 Inventory Report. Within ninety (90) days of City’s request, Company shall submit an inventory report ( “Inventory Report”) setting forth the total number of Street Light Pole attachments and Street Light Pole locations utilized by Company. The Inventory Report shall include the total number of Communications Equipment attached to Street Light Poles from July 1st to June 30th of each given year. City shall have the right to audit and verify the Inventory Report to assure the accuracy of the number of Street Light Pole attachments stated.
15.12 Penalty. Should City determine that Company has installed Communications Equipment on a Street Light Pole without an approved application, City shall send Company written notice of the unauthorized Communications Equipment (Removal Notice). Company must decommission unauthorized Communications Equipment within twenty four (24) hours after receipt of City’s Removal Notice and remove the unauthorized Communications Equipment within thirty (30) days of receipt of Removal Notice. If Company does not remove the unauthorized Communications Equipment by the end of the thirty-day period then Company shall be subject to a fifty dollar ($50.00) penalty per Street Light Pole per day, dating back to the date that the City sent the Removal Notice. Penalties shall continue to accrue until the Communications Equipment installation is removed and Company notifies City of such removal. Company may refute the fine and Removal Notice by providing the accepted and completed Application for the Communications Equipment in question. In the event Company fails to remove such unauthorized Communications Equipment within the thirty (30) day period referenced above, City may remove any unauthorized Communications Equipment and City shall invoice Company for the Total Cost incurred by City as a result of removal.
15.13 Payment Disputes. If Company does not agree upon the amount owed, then it shall pay the undisputed amount and shall contact City to discuss the remaining balance.
Interest at the rate listed in Section 15.8 shall be awarded on that amount unpaid but actually due.
16. INTERACTION WITH CITY OR THIRD PARTY EQUIPMENT
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Site Name: CA_SJ_SANTACLARA_001
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16.1 For the purpose of this Agreement, the term “Negative Impact ” shall mean adversely interfering with the operation of equipment owned or operated by or on behalf of City, Company, or a third party who has authorized equipment on City owned assets. This includes interfering with the transmission or reception of signals or the physical operation of any device. Company acknowledges and accepts that existing City services are currently in use. If Company’ s Communications Equipment is found to be the cause of any Negative Impact upon City services, City shall provide written notice to Company of such Negative Impact and Company shall shutdown the operation of any Communications Equipment responsible for, or suspected to be responsible for, the Negative Impact within seventy -two (72) hours of notification in order for City, at its sole discretion, to determine the extent of the Negative Impacts and how to reduce/eliminate such Negative Impacts. If it is determined that the removal of Communications Equipment is needed to reduce/eliminate the Negative Impact, City shall notify Company by written notice and Company shall have forty-five (45) days after issuance of such written notice to remove the offending Communications Equipment, during this timeframe the offending Communications Equipment shall not be returned to service before removal, such time period may be extended by written agreement between both parties upon written agreement of all affected parties. If, after the timeframe mentioned above has elapsed, the Negative Impact continues, City shall have the right to remove the offending Communications Equipment from the Street Light Pole(s) and store the Communications Equipment in accordance with the terms set forth in this Agreement. If the solution to eliminate the Negative Impact results in the removal of Company’s Communications Equipment, Company may apply to move the Communications Equipment to a new Street Light Pole pursuant to the terms set forth in this Agreement.
16.2 If Company finds that any third party attacher who has authorized equipment on City owned assets is causing a Negative Impact, Company and such third party attacher shall coordinate to resolve the Negative Impact within fourteen (14) days.
If a resolution is not reached within the stated timeframe, Company and/or the third party attacher may submit a written request to City, at the sole risk and expense (Total Cost) of the party determined to be the primary cause of such Negative Impact (the “Responsible Party”), that City take action to determine which party is the Responsible Party including commissioning a study related thereto. Once identified, the Responsible Party shall remove and/or correct the Communications Equipment within thirty (30) days to eliminate the Negative Impact.
16.3 If Company disputes the finding that its Communications Equipment is the cause of the Negative Impact, Company, at its sole risk and expense, may submit a study within thirty (30) days of City notification pursuant to Section 16.1 to demonstrate that its Communications Equipment is not the cause. City shall review and respond to Company’s study within thirty (30) days. If, at its sole discretion, City accepts and agrees with Company’ s study, Company may resume the operation of its Communications Equipment. If, at does not accept and/or agree with Company’ s study, Section 16.1 shall apply.
Agreement with Verizon Wireless
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Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
16.4 City may, from time to time, require enhancements to its existing systems, such enhancements may include the installation of new wireless devices on Street Light Poles by or on behalf of City. City shall provide at least ninety (90) days advance written notification of such City activities. Company shall have the said ninety (90) days to re-evaluate their installations in the event, at the sole discretion of City, the enhancements to City services that require the removal or relocation of Company’s Communications Equipment. City shall have no obligation to provide any alternate Street Light Pole or any other facility for the relocation of Company’s Communications Equipment; however, at the sole expense of Company, City shall accept and expedite Applications to relocate the Communications Equipment to a new location, as set forth in Section 5 of this Agreement. Upon written request of Company, City shall provide a map showing available Street Light Pole locations within a five hundred (500) foot radius of the Street Light Pole to be removed.
17. INTERRUPTION OF SERVICE
City reserves the right to operate and maintain Street Light Poles to fulfill its service requirements to its electric utility ratepayers or communications customers. City shall not be liable to Company for any interruption to Company’s service or for any interference with the operation of Company’s Communications Equipment arising in any manner from the use of Street Light Poles by City in accordance with this Agreement, unless caused by City’s gross negligence or willful misconduct.
18. NO OWNERSHIP OR VESTED INTEREST CREATED
No use of any Street Light Poles under this Agreement shall create or vest in Company any ownership interest, tenancy, estate or any other interest in the Street Light Poles and Company’s rights therein shall be and remain a license. Each Party shall pay the Total Cost of the installation and maintenance of its own facilities. Nothing in this Agreement shall be construed to compel City to maintain any Street Light Poles for a period longer than demanded by its own service requirements. Title to the Communications Equipment, exclusive of the Street Light Poles (original or replacement) used for support, but including ground mounted equipment, shall remain with Company and shall constitute Company’s personal property and equipment, and not fixtures or improvements attached to the land.
19. CITY OPERATIONS; REPAIRS, MAINTENANCE, ALTERATION, AND
REPLACEMENT OF STREET LIGHT POLES
19.1 Except as specifically provided otherwise in this Agreement, the City and its Agents have the right to access any Street Light Pole in whole or in part at any time without notice for any purpose. The City will not be liable in any manner whatsoever, and Company expressly waives any claims for inconvenience, disturbance, lost business, nuisance or other damages that may arise from the City’ s or its Agents ’ access to the Street Light Pole, which includes any Equipment removed in an emergency or other exigent circumstances pursuant to Section 19.5 (Emergencies), except to the extent that the damage arises from the negligence or willful misconduct of the City or its Agents.
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Site Name: CA_SJ_SANTACLARA_001
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19.2 Repairs, Maintenance and Alterations to Street Light Poles. The City will: (1) maintain and repair Poles as needed, in its sole judgment, for its street light operations and other municipal functions; (2) correct any immediately hazardous condition. Excluding conditions that arise from the City’s or its Agents’ negligence or willful misconduct, neither any City work on any Pole nor any condition on any Pole will: (a) entitle Company to any damages; (b) excuse or reduce any obligation by Company to pay any Communications Equipment License Fees or additional fees or perform any covenant under this Agreement; or (c) constitute or be construed as a constructive termination of this Agreement or any approval conferred or permit issued hereunder.
19.3 The City will make a good- faith effort to provide advance notice of repair, maintenance, or alterations to its Streetlight Poles to Company as soon as reasonably practicable. The City will allow Company representatives to observe the City’s work. The City will take reasonable steps not to disrupt Company’s ordinary operations on the Street Light Pole. These provisions will not be construed to allow Company’s ordinary operations to impede or delay the City’s authority and ability to make changes to the Street Light Poles necessary to maintain street light services.
19.4 In the event any Street Light Poles occupied by Company under this Agreement are to be replaced or removed, Company shall, at its own sole risk and expense, upon at least ninety (90) days written notice from City, relocate or replace its Communications Equipment or transfer it to replacement Street Light Poles or perform any other work in connection with said Communications Equipment that may be required by City.
19.5 For the purpose of this Agreement, the term “ Emergency” is defined as an unforeseen event, circumstance, or combination of circumstances that City reasonably determines to require immediate action and/or presents an ongoing danger to public health and safety and/or imperils SVP ’s distribution system. In cases of Emergency, City’s work shall take precedence over Company’s operations, which includes without limitation any Communications Equipment operated on the Street Light Poles and City may, at Company’s sole expense, remove and store the Communications Equipment for retrieval by Company, or perform any other work required to serve the needs of City. City shall provide Company notice of such removal as soon as practicable, but in no event later than three (3) business days after the Emergency. Company may reattach any Communications Equipment that has been removed and stored and resume operation once the Emergency concludes.
20. REMOVAL OR VACATION
Should Company remove its Communications Equipment from any Street Light Poles, Company shall, within ten (10) days after such removal, give notice thereof to City, specifying the Street Light Poles vacated and the location thereof, as well as the date of removal. Removal of all Communications Equipment from any Street Light Poles without its replacement or substitution by Company within thirty (30) days shall constitute a termination of Company’s right to use such Street Light Poles and easements without Agreement with Verizon Wireless
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making a new Application thereof. Once the Communications Equipment is removed, Company shall restore the Street Light Pole in accordance with City’s published standards for the location.
21. STREET LIGHT POLE REMOVAL NOTICE
21.1 If City is required by law or ordinance or desires at any time and for any reason to remove any Street Light Pole or replace any existing Street Light Pole with one not suitable for placement of Company’ s Equipment, City shall, except in cases of Emergency, issue Company a Notice of Pole Removal, to that effect at least sixty (60) days prior to the date on which it intends to remove such Street Light Pole.
When practical, City shall provide Company a preliminary written notice at least ninety (90) days in advance. If Company cannot accommodate the removal of the Communications Equipment within the sixty (60) day notice period then either (1) the City will remove and store Company’s Communications Equipment, at the sole risk and expense of Company, or (2) the Parties shall negotiate and mutually agree upon a longer timeframe for removal of the Street Light Pole and Company’s Communications Equipment, on a case by case basis. City shall have no obligation to make ready any Street Light Pole or any other facility for the relocation of Company’s Communication Equipment; however, City shall accept and expedite Applications to relocate the Communications Equipment to a new location provided the Application meets the requirements set forth in Section 5 of this Agreement.
Upon written request of Company, City shall provide a map showing available Street Light Pole locations within a five hundred (500) foot radius of the Street Light Pole to be removed. The Parties shall cooperate to the extent possible for Company’s continuity of service during any removal or relocation.
21.2 Sale of Communication Equipment. Except as provided for in Section 31, if at any time Company shall desire to sell any Communications Equipment under this Agreement, it shall notify City of its intention in writing no later than sixty (60) days in advance of the intended sale date. Company shall notify buyer in writing that a Small Cell Attachment Agreement with City is needed in order to maintain Communications Equipment on Street Light Poles. If purchasing entity does not have a Small Cell Attachment Agreement with City by the time the sale is to be completed Company shall remove the Communications Equipment from the Street Light Poles before the sale is completed.
21.3 Abandonment of Communication Equipment. If at any time Company shall desire to abandon any Communications Equipment under this Agreement, it shall notify City of its intention in writing no later than sixty (60) days in advance of the intended abandonment. If requested by City, Company may transfer to City ownership of the Communications Equipment that it intends to abandon and shall execute a bill of sale with respect thereto. If City does not take ownership of the Communications Equipment that Company intends to abandon, Company shall remove Communications Equipment as set forth in Section 26.4.
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21.4 Sale by City . It is the practice of City to not abandon any Street Light Poles.
Notwithstanding that practice, if at any time City desires to sell any Street Light Poles jointly used by the Parties, it shall notify all attachers of its intention in writing. All attachers shall have the right to bid for the Street Light Poles through a public process consistent with the City’s Charter and City Code.
22. CHANGES TO STREET LIGHT DESIGN
If an action is taken due to City of Santa Clara Council’s direction or deemed necessary by the City Manager to replace the current design of the Street Light Poles with a specific new design, Company shall be required to remove any existing Communications Equipment attachment within the timeframes specified in Section 21.1. Company may re-attach the subject Communications Equipment following supplemental architectural review and approval, which approval may be denied at City’s discretion.
23. DAMAGE TO CITY PROPERTY AND/OR STREET LIGHT POLES
Company shall exercise special precautions to avoid causing damage to City Property and/or Street Light Poles. Company shall assume responsibility for any loss stemming from such damage to the extent such loss is caused by Company or its contractors, or any other party involved with the services who is brought onto or involved in the performance of the services by Company. Company shall notify City within twelve (12) hours of the occurrence of any such damage, provide a written report to City within five (5) business days, and shall reimburse City for its Total Cost incurred in making repairs to the damage caused by Company or its contractors. City may choose not to accept further Applications until City receives said reimbursement, unless otherwise required to do so under any applicable local, state or federal laws.
24. DEFAULT AND REMOVAL OF COMMUNICATIONS EQUIPMENT
24.1 If Company should default in the performance of any work that is obligated to do under this Agreement, following the notice period set out in this Agreement or thirty (30) days after City issuance of written notice of such default if no specific notice period is provided for, City may elect to do such work at Company’ s sole expense; such period may be extended by written agreement between both parties.
24.2 If Company should default in the removal of its Communications Equipment or property from any of the Street Light Poles within the time allowed for such removal, City shall give written notice to Company that City shall remove and store the Communications Equipment or property at Company’ s sole expense. If Company does not claim said Communications Equipment within one hundred eighty (180) days after City issuance of such notice, the Communications Equipment shall become the sole property of City in which event title to said Communications Equipment and property shall vest in City as of one hundred eighty (180) days after the date of such written notice.
24.3 Nothing herein contained shall be construed to make City or other third parties under contract with City liable for damage to Communications Equipment or Agreement with Verizon Wireless
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service of Company resulting from City performing work pursuant to Section 24.1, except in the case of gross negligence or willful misconduct on the part of City or third parties under contract with City. Damage to Communications Equipment or service of Company by any party other than City or third parties under active attachment agreements with City are subject to Section 23 of this Agreement.
25. DEFAULT PROCEDURES
Company shall be subject to default procedures as set forth in this Section if Company defaults in any of the following particulars:
25.1 Fails to pay the fees prescribed in this Agreement; or
25.2 Breaches any other term or condition of this Agreement.
Upon default under either of the subsections above, City shall give Company written notice setting forth the nature of the default and a demand that said default be cured and remedied. If Company fails, neglects or refuses within thirty (30) days after the issuance of said notice to cure or remedy the default, or to commence and diligently continue such cure, then City, upon notice and without suit or other proceedings, may elect any of the following remedies:
25.2.1 Suspend Company’s electric service to the Communications Equipment installation to which the default pertains;
25.2.2 Terminate the authorization granted under this Agreement, or the affected portion thereof, for the Communications Equipment installation to which the default pertains;
25.2.3 Maintain an action at law against Company for damages directly incurred by City arising directly from Company’s uncured default; or
25.2.4 If uncured default affects the greater of five (5) Communications Equipment installations or more than fifty percent (50%) of all Company’ s Communications Equipment installations made under this Agreement, terminate this Agreement in accordance with Section 26.
26. TERMINATION
26.1 Termination for Default. In the event that City invokes Section 25 in the case of a material breach by Company.
26.2 Termination by Company. In the event that Company desires to terminate the Agreement before the expiration of the Initial Term or the Renewal Term, as described in Section 2, Company shall provide written notice to City at least ninety (90) days in advance and shall be subject to pay the Communications Equipment License Fees for the then-current annual period as described in Section 15.3 and a Agreement with Verizon Wireless
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Te
rmination Fee of one thousand dollars ($1,000) per location to which an attachment remains at the end of the timeframe specified in Section 26.4.
26.3 Termination by City . In the event that Company (or any successor -in- interest to Company) ceases to operate, City may terminate the Agreement upon providing Company or Company’s successor ninety (90) days’ notice prior written notice of City’s intent to so terminate this Agreement.
26.3.1 In the event that all of Company’s Equipment that has been in place and previously used by Company is not utilized by Company for a period of six (6) consecutive months, and such event is not due to a Force Majeure event as defined in this Agreement, City may terminate this entire Agreement upon providing Company ninety (90) days prior written notice of City’s intent to so terminate this Agreement. In the case of a Force Majeure event, no later than six (6) months after such event, Company shall provide City with a schedule detailing the time to restore Company’s Communications Equipment, such schedule to be agreed upon by City. If Company should default in the timely removal of its Equipment, Section 24.2 of this Agreement shall apply.
26.3.2 City shall not terminate this Agreement for telecommunications anti- competitive reasons, however, this provision does not waive City’s right to remove Street Light Poles in accordance with any other provisions of this Agreement.
26.4 Upon receipt of a notice of termination as referred to in Sections 26.1, 26.2 and
26.3, this Agreement shall terminate at the date specified in such notice, which date shall not be less than ninety (90) days from the date of such notice. Company, at its own expense, shall remove the Communications Equipment from the Street Light Poles within ninety (90) days of said date of termination. If Company should default in the removal of Communications Equipment or property, Section 24 shall apply.
26.5 In the case of expiration of this Agreement, City shall continue to process Applications from Company, provided that Company engages in timely negotiations for a replacement agreement. Furthermore, Company shall maintain all existing Communications Equipme nt on Street Light Poles pursuant to and in accordance with the Terms and Conditions of this Agreement until such time the replacement agreement becomes effective. In order for the negotiations to be considered timely, Company must submit a notice in writing at least six (6) months prior to the expiration date to City indicating who shall be acting as Company’ s point of contact for the negotiations, as well as requesting a meeting date. Within four (4) weeks of the notification being sent, City shall reply to Company in writing with its point of contact. If at any time during the negotiation the point of contact for either Party is changed, such Party shall notify the other Party in writing no less than two (2) weeks in advance. The negotiations, at least, shall consist of monthly meetings and biweekly updates. If a new agreement is not signed within one (1) Agreement with Verizon Wireless
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year of the expiration date, City shall have the option, with thirty (30) days’ notice, to decline to accept Applications.
26.6 For the purpose of this Agreement, “Force Majeure” shall mean any cause beyond the control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefore. Force Majeure includes Acts of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non- action by governmental authority or accident. No Party shall, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or due to the removal of remediable causes which it fails to take reasonable efforts to remove or remedy within a reasonable time, or due to mere fluctuations in market prices. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of Force Majeure shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.
27. USE SUBJECT TO PRIOR RIGHTS AND OBLIGATIONS
Nothing in this Agreement shall be construed as affecting any rights or privileges previously conferred by City of an interest in or of facilities on the Street Light Poles, by contract or otherwise, upon others to use the Street Light Poles covered by this Agreement; and City shall have the right to continue such rights or pr ivileges consistent with this Agreement. The privileges herein granted to Company shall at all times be subject to any such existing contracts and arrangements. Any rights and privileges herein conferred are also subject and subordinate to the prior right of City to use all its easements rights of way and property interests and governmental powers in the performance of its duties as a municipal utility and a governmental entity.
28. NON-EXCLUSIVE LICENSE
The license and right to access the Street Light Poles granted by this Agreement is non- exclusive. Company shall not interfere with any other license and right of access granted by City to any other third party.
29. NO FRANCHISE RIGHTS CREATED
Nothing in this Agreement shall be construed as granting or creating any franchise right.
30. NO PUBLIC OFFERING
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To the extent Company is required to file this Agreement with the Public Utilities Commission, Company declares that said filing, pursuant to the procedural requirements of G.O. 95-A, is not to be construed as a public offering by Company of the services or the Communications Equipment.
31. ASSIGNMENT AND SUBCONTRACTING
City and Company 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. Notwithstanding any provision in this Agreement to the contrary, upon thirty (30) days’ written notice, either Party may assign this Agreement or its rights or obligations to (a) any entity that controls, is controlled by, or is under common control with a Party, or (b) in connection with the sale or other transfer of substantially all of Company’s assets in the FCC market area where the Structures are located. Company shall be fully responsible to City for the acts of the omissions of its contractors, and of persons either directly or indirectly employed by them, as Company is for the acts and omissions of persons directly employed by it.
32. 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.
33. THIRD PARTY MODIFICATIONS
This Agreement shall be subject to such changes or modifications as may be required or authorized by rule, regulation, or law by any non- City affiliate third party regulatory commission in the exercise of its lawful jurisdiction, provided that neither Party is hereby consenting to its contractual rights being impaired, and any modification, revision, renewal or extension of this Agreement shall so state.
34. INDEPENDENT CONTRACTOR
Company and all person(s) employed by or contracted with Company to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Company has full rights to manage its employees in their performance of services under this Agreement.
35. CONFIDENTIALITY OF MATERIAL
To the extent permitted under applicable law, all ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for either party and all other writte n information submitted to either party in connection with the performance of this Agreement shall be held confidential by the other party and shall not, without the prior written consent of the first party, 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 Agreement with Verizon Wireless
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to a party which is otherwise known to the other party or becomes generally known to the related industry shall be deemed confidential.
36. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Company 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 reasonable attorney’s fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Company’s negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Company pursuant to this Agreement, except to the extent that such claims, injuries, liabilities, losses, costs, and/or expenses or damages are a result of the negligence or willful misconduct of the City.
36.1 Limitation on Liability. City shall not be liable to Company for any fines, penalties, claims or damages stemming from the interruption of, or interference with, Company’s service or the operation of Company’ s property or to Company’s Equipment. Neither party shall be liable for incidental, punitive, exemplary, special, indirect or consequential damages, or lost profits, arising under or relating to this Agreement. Nothing in the preceding sentence shall be construed to limit Company’s indemnity obligations under this Agreement.
36.2 Company’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 Company, against City (either alone, or jointly with Company), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
36.3 To the extent Company 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, Company 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 Company’s responsibilities under the Act.
37. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Company shall provide and maintain in full force and effect, at no cost to City, insurance policies set forth in Exhibit C.
38. WAIVER
Company 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 Agreement with Verizon Wireless
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waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
39. 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 at [email protected] and [email protected] And to Company addressed as follows:
GTE Mobilnet of California Limited Partnership
d/b/a Verizon Wireless
Attention: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
and by e-mail at [email protected] with a copy to:
Basking Ridge Mail Hub
Attn: Legal Intake
One Verizon Way
Basking Ridge, New Jersey 07920
For notice regarding a matter which relates to a particular Street Light Pole or Communications Equipment, the notice shall provide sufficient specificity to allow the recipient to reasonably determine the location(s) of the Street Light Pole and/or Communications Equipment, and the issue(s) related thereto.
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.
For after normal business hours or emergencies, all notices to the Parties shall be sent to City as follows:
Non-Emergency Service Requests: (8 a.m. - 5 p.m., M-F) Operator on Duty Day: (408) 615- 5600
Night: (408) 615-5640
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Emergency Service Requests (24 hr.):
Operator on Duty
(408) 615-5640
And to Company as follows:
Emergency Service Requests (24 hr.): Network Management Center at 1-800-264- 6620 or 1-800-621-2622
40. CHANGE OF LAW
Except as stated in Section 15.4, if during the term of this Agreement the Wireless Infrastructure Order is overturned, invalidated, rescinded, interpreted or clarified through further regulatory proceedings, orders, rules, regulations, contested case decisions, or appeals, or any new rules, regulations, statutes, or regulatory or judicial decisions are adopted that affect the rights and obligations of the Pa rties to this Agreement, City or Company may request that the terms of this Agreement which are affected by the action be renegotiated to conform to the legal landscape on a going forward basis for all existing and new Applications, and any such request must be made with at least thirty (30) days’ written notice to the other Party.
Upon the foregoing notice, the Parties shall meet and confer to negotiate in good faith for an amendment to this Agreement, if necessary and shall have six (6) months to negotiate and agree upon an Amendment to this Agreement, unless the Parties mutually agree to extend such timeframe. If the Parties do not agree upon an Amendment to this Agreement within six (6) months or a mutually agreed upon timeframe, either Party shall have the option to send a written notice of impasse (“Notice of lmpasse”) to the other Party. Within thirty (30) days after the receipt of the Notice of Impasse, City shall have sole discretion to decline to accept and process Applications from Company and either Party may initial at law or in equity in a commission or court of competent jurisdiction to resolve how the agreement should be amended, if at all.
41. COMPLIANCE WITH LAWS
The Parties 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, Company’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, Company has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
42. CONFLICT OF INTERESTS
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Company certifies that to the best of its Agreement with Verizon Wireless
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knowledge, no City officer, employee or authorized representative has any financial interest in the business of Company and that no person associated with Company has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Company is familiar with the provisions of California Government Code Section 87100 and following and certifies that it does not know of any facts which would violate these code provisions. Company will advise City if a conflict arises.
43. FAIR EMPLOYMENT
Company 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.
44. NO USE OF CITY NAME OR EMBLEM
Company 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.
45. 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.
46. 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.
47. AMENDMENTS
This Agreement may only be modified by written amendment duly authorized and executed by the Parties of this Agreement.
48. 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.
Agreement with Verizon Wireless
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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:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, A CALIFORNIA
LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, BY CELLCO
PARTNERSHIP, ITS GENERAL PARTNER
Dated:
By (Signature):
Name:
Title:
Principal Place of
Business Address:
Email Address:
Telephone: ( )
“COMPANY”
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EXHIBIT A
SAMPLE INSTRUCTIONS AND APPLICATION
Company and/or Contractor (“Applicant”) Responsibilities
1. Applicant is responsible to do its own engineering analysis (submitted with Application) to determine if a Street Light Pole is appropriate to attach to without modification.
2. Applicant design must be in conformance with SVP Standard OH 1570.
3. Applications shall follow the Application and approval time frames outlined in this Agreement.
4. Applicant is responsible for acquiring any other permits that may be required. SVP is not responsible for ensuring that Applicant has the proper permits.
5. There may be make-ready work that needs to be done by other attachers. SVP shall notify the other attachers that work is occurring in the area. Applicant is responsible with coordinating with the other attachers to perform the work.
6. Existing “out of service” devices owned by Applicant must be removed by Applicant.
7. A copy of authorized permit shall be required on job site at all times.
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Re
quired Documents
Cover Sheet: Prepare and submit one (1) completed copy of the Application and permit proposal prior to constructing any new attachments, expansions, upgrades, or rebuilds attached to any Street Light Poles to:
Ci
ty of Santa Clara
Department of Electric Utility - SVP Engineering
1500 Warburton Avenue
Santa Clara, CA 95050
Photo Simulation: A photo simulation of the Street Light Pole showing “before and after” of the pole in its entirety and the area in its immediate vicinity. Planning Approval letter: A copy of a letter from City’s Community Development Department approving of the antenna design.
Engineering Calculations: Structural and wind loading calculations prepared by a licensed Professional Engineer. Calculations are to include any City or third party equipment and decorations already attached to the Street Light Pole.
Drawings: Construction drawings are to be included with the package that include the description of equipment to be attached, the power requirements of the equipment, and electrical point of connection.
Maps: Include one (1) copy of detailed maps that clearly show the location of the Street Light Pole the proposal applies to. Maps must include:
a. A number for each Street Light Pole that the proposal applies to; b. Street and road names;
c. Crossroad information;
d. A legend of the map symbology;
e. A correct North direction symbol; and
f. Railroad crossings and limited access crossing.
Include a CD with Application. Files to include are: Application, make-ready sheets, maps, engineering calculations, and any device specifications.
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F5202 (8/21/2017) Silicon Valley Street light Attachment Application Cover Sheet
COPY OF AUTHORIZED PERMIT IS REQUIRED ON JOB SITE
NOTE: FAILURE TO COMPLETELY FILL OUT THIS PERMIT APPLICATION WILL RESULT IN THE APPLICATION PACKET BEING RETURNED UNPROCESSED. LIMIT OF ONE STREET LIGHT POLE PER APPLICATION THIS DOCUMENT SERVES AS THE ATTACHMENT AUTHORIZATION IN ACCORDANCE WITH SECTION 6.5 OF THE SMALL CELL ATTACHMENT AGREEMENT BETWEEN CITY OF SANTA CLARA, CALIFORNIA AND NEW CINGULAR WIRELESS PCS, LLC”.
ALL EQUIPMENT SHALL BE MARKED WITH AN APPROPRIATE MEANS OF IDENTIFICATION.
Customer Job Number
SVP Job ID
Encroachment Permit #
SVP Electrical Estimate #
APPLICANT INFORMATION
Applicant Company Name
Billing Address
City
State
Zip Code
Email Address
Telephone Number
Fax Number
Authorized Contact Signature
Title
Contact Name (print)
Site Information
FOR SVP (City) USE ONLY
Packet Reception
Date Received
Date Review Due
Fees Due
Distribution pole contact - $ 247.84 (2023/2024 fee
schedule ) Per application
Distribution Pole Contact -Small cell : $94.08 per
each contact ( 2023/2024 Fee schedule)
Packet Contents
☐ Justification Letter ☐Planning Approval letter ☐Engineering Calculations ☐Photo Simulation ☐Location Map ☐ Drawings
PROJECT INFORMATION
Type of Construction:
☐New ☐Upgrade ☐Repair ☐Other*
*If other, describe
Approval for Equipment Attachment
Approval to Attach Cable & Equipment Granted By Approval Date Date Due
Post Construction Work Modification Requirements
GIGs List Issued?
☐Yes ☐ No
Date Issued Date Due Date Completed
Final Inspection Approval
All Work Completed to SVP Specifications Approval Date
APPROVED STAMPED DOCUMENTS MUST BE ATTACHED AND PRESENT WITH THIS PERMIT ON THE JOB SITE # OF ATTACHED PAGES
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I
JOB DETAIL (MAKEREADY) WORKSHEET SVP Approval
Licensee - Name of Applicant (ie Comcast, AT&T, etc) Total Poles - Application Number - Applicant's self-selected reference number New Attachments - Rebuilds -
Devices -
Pole # Location and Remarks
Map #
Type Pole
Lead Code
SVP# SVP Attachments Others
P - 1 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 2 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 3 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 4 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 5 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 6 E
Attachments
R
C
Makeready Work Required to be Completed By C
A
A
A
E
M
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JOB DETAIL (MAKEREADY) WORKSHEET SVP Approval
Licensee - Name of Applicant (ie Comcast, AT&T, etc) Total Poles - Application Number - Applicant's self-selected reference number New Attachments - Rebuilds -
Devices -
Pole # Location and Remarks
Map #
Type Pole
Lead Code
SVP# SVP Attachments Others
Attachments
R
C
Makeready Work Required to be Completed By C
A
A
A
E
M
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 7 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 8 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 9 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 10 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
P - 11 E
Map
Type Pole B
Lead- C
SVP#
SVP Comments/Actions A
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JOB DETAIL (MAKEREADY) WORKSHEET SVP Approval
Licensee - Name of Applicant (ie Comcast, AT&T, etc) Total Poles - Application Number - Applicant's self-selected reference number New Attachments - Rebuilds -
Devices -
Pole # Location and Remarks
Map #
Type Pole
Lead Code
SVP# SVP Attachments Others
Attachments
R
C
Makeready Work Required to be Completed By C
A
A
A
E
M
Agreement with Verizon Wireless
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EXHIBIT B
TYPICAL COMMUNICATIONS EQUIPMENT
The following are samples of typical Communications Equipment. Including such samples in this Agreement does not indicate approval of any style of Communication Equipment. Each installation must be approved through the applicable City of Santa Clara permit. Variances to the City Silicon Valley Power’s (“SVP”) Standard OH 1570 or any other applicable City rules or guidelines are subject to the sole discretion of the City.
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4G Only
Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
Agreement with Verizon Wireless
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SG Only
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EX
HIBIT C
INSURANCE REQUIREMENTS
Without limiting Company’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, Company shall provide and maintain in full force and effect, at its sole cost and expense, the following required insurance policies with the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance with limits of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury and products/completed operations - $5,000,000 aggregate.
2. The following provisions shall apply to the Commercial General Liability policy 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 and any rights or duties specifically assigned to the first named insured.
B. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
Commercial automobile liability insurance in the amount of one million dollars combined single limit each accident for bodily injury and property damage covering all owned, non- owned and hired vehicles used in connection with the agreement, which provides coverage at least as broad as ISO form CA 00 01 or its equivalent.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of 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 dolla rs ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Company 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 Company or any contractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
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3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers and employees.
D. PROPERTY INSURANCE
Property insurance against all risks of loss to any Communications Equipment during and following installation by the Company at full replacement cost value 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.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, and employees are hereby included as additional insureds as their interest may appear under this Agreement on all coverage required herein except workers compensation and employer’s liability, using Insurance Services Office (ISO) Endorsement CG 20 10 or the combination of CG 20 10 and CG 20 37, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Company 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 Company’s insurance.
3. Cancellation.
Upon receipt of notice from its insurer(s) Company will provide thirty (30) days written notice to City, of cancellation or non- renewal of any required coverage that is not replaced.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Company and City agree as follows:
1. Company shall require all contractors and subcontractors to obtain and maintain substantially the same insurance as required of Company with limits commensurate with the work or service to be provided Company. Company agrees that upon request by City, all agreements with, and certificates of insurance provided by, such contractors and subcontractors engaged in the project will be submitted to City for review.
2. Company agrees to be responsible for ensuring that no contract used by any contractor or subcontractor involved with the project reserves the right to charge City or Company 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.
Agreement with Verizon Wireless
39 of 40
Site Name: CA_SJ_SANTACLARA_001
MDG#: 5000969005
T
he City reserves the right to withhold payments from Company in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COMPLIANCE
Company or its insurance broker shall provide a certificate of insurance evidencing all required coverage shall be delivered to City, or its representative as set forth below, upon execution of this Agreement. Unless otherwise required by the terms of thi s Agreement, all certificates and endorsements to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara - Department of Electric Utility
P.O. 12010-S2 or 151 North Lyon Avenue
Hemet, CA 92546-8010 Hemet, CA 92543
Telephone number: 951-766-2280
Email address:[email protected]
H. COP
IES OF POLICIES
If Company is required to provide coverage verifications or copies of insurance policies to any court or government agency pursuant to a written court order, subpoena, regulatory demand, or process of law as a result of this Agreement with the City, the City must, unless prohibited by applicable law, first provide Company with prompt written notice of such requirement and the City should seek reasonable protective arrangements and non-disclosure agreements for the production of such insurance policies. Before releasing to any court or government agency, these protective arrangements and non-disclosure agreements are subject to final review and approval by Company. The City will (a) take reasonable steps to limit any such provision to the specific insurance policies required by such court or agency, and (b) continue to otherwise protect insurance policies disclosed in response to such order, subpoena, regulation, or process of law as confidential and proprietary in nature.
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Company 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.
Agreement with Verizon Wireless
40 of 40
Small Cell / DAS Attachments to
SVP Streetlights
ISSUING DIVISION: Electric Engineering Signed by ____Kevin Keating ___ SVP SPONSOR: Sachin Bajracharya, Principal Engineer Date Signed __15 August, 2023__ Revision: 03 Sheet 1 of 16
SECTION: Lighting OH 1570
Scope of Standard ........................................................................................................................... 2 Purpose of Revision ........................................................................................................................ 2 References ....................................................................................................................................... 2 Rescissions ...................................................................................................................................... 2 Definition of Terms......................................................................................................................... 3 Overview ......................................................................................................................................... 4 4G Streetlight Attachments ............................................................................................................. 5 5G Streetlight Attachments ............................................................................................................. 6 General Requirements ..................................................................................................................... 7 Loading Calculations .................................................................................................................... 10 Foundation Design ........................................................................................................................ 11 Radio Frequency (RF)Testing for FCC Compliance .................................................................... 11 Other Requirements ...................................................................................................................... 12 Streetlight Selection and Design ................................................................................................... 13 Signage .......................................................................................................................................... 14 Permits .......................................................................................................................................... 14 Public Outreach Requirements ..................................................................................................... 14 Pole Availability Request and Reservation Process ..................................................................... 16 Variances ....................................................................................................................................... 16
Table 1: Minimum Required Pole Replacement ........................................................................... 13
Figure 1: Sample 4G Communication Equipment Installation for reference. ................................ 5
Figure 2: Sample 5G Communication Equipment Installation for reference…………………….6 Figure 3: Example of Decorative Streetlights………………………………………....………….7 Figure 3: Example of Square Steel Pole……………………………..…………………………..13 Figure 4: Example of Round Tapered Aluminum Pole…………...……….…………………….13 Figure 5: Example of Sterner-type Pole…………………………………………………………13 ~ ' ~ IILICO
~ ~ VALL y
POWER.
CITY Of SANTA CLAM
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 2 of 16
By: K. Keating
OH 1570
Rev.
3 Scope of Standard
This document is intended to provide third parties, who wish to attach communications equipment to Silicon Valley Power’s streetlights, guidelin es on SVP approved desi gn and construction practices associated with proposed attachments.
Purpose of Revision
Revision 3: This revision includes the following changes:
Adds 5G Antenna Requirements
Revises the noise testing section to allow for a factory test to satisfy the requirement.
Minor edits to general requirements for mounting hardware. Adds new pole reservation and variance request sections. Revises the decorative streetlight requirements.
References
American Association of State Highway and Transportation Officials, AASHTO LTS: Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, 2001
California Building Code 2013
Electronic Code of Federal Regulations: Title 47 Chapter 1. Merriam-Webster. Merriam-Webster, Web. 07 July 2016.
SVP Standard Document UG 1000: Installation of Underground Substructures by Developers.
SVP Standard Document SD 1275: RF Unit Clearances, most recent revision SVP Standard Document OH 1560: Drill In Foundations, most recent Version SVP Standard Document OH 1610: Pole Labeling, most recent revision Lefebvre, Tony, 2014, Understanding Distributed Antenna Systems, TE Connectivity
Rules for Overhead Electric Line Construction: General Order 95 Rescissions
The issuance of Revision 3 rescinds all previous revisions and versions of OH 1570. This is the current version of OH 1570 that may be referenced in contract documents, SVP design and construction documents, and other related documents.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 3 of 16
By: K. Keating
OH 1570
Rev.
3 Definition of Terms
Applicant: Wireless carriers, or other third parties, who wish to attach communications equipment to Silicon Valley Power’s streetlights and have submitted, or will be submitting, an application to the City for attachment approval.
City: City of Santa Clara or the City Council of the City of Santa Clara.
Distributed Antenna System (DAS): A network of antennas linked together through a fiber network that strengthens cellular coverage in discrete areas. This system can accommodate multiple carriers.
Streetlight: A complete lighting unit consisting of a lamp, mast arm, metal pole and associated hardware.
Master License Agreement: An agreement made between the City of Santa Clara and any outside entity that wishes to attach any type of equipment to City owned streetlights. The agreement sets terms and conditions for attachment and other procedures including cost.
Public Works Inspector: City of Santa Clara Public Works Department Inspector responsible for verifying the proper installation and repair of all facilities within the City rights-of-ways or City easements.
Silicon Valley Power (SVP): The Municipal Electric Utility of the City of Santa Clara.
Small Cell: An antenna that strengthens cellular service in an area by acting as a small cell tower.
Street Lighting: Portion of the SVP Electric System installed to provide lighting for City’s Public Streets
SVP Inspector: Silicon Valley Power Electric Inspector responsible for verifying the proper installation of electric facilities installed for the use of SVP. Also responsible for verifying that attachments to SVP facilities conform to SVP requirements.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 4 of 16
By: K. Keating
OH 1570
Rev.
3 Overview
The City of Santa Clara’s Electric Utility Department, Silicon Valley Power (SVP), owns and maintains existing and future streetlights within the public right-of-way in the limits of the City of Santa Clara. Wireless carriers may wish to install small wireless facilities and/or radio transmitters on these structures, in order to provide robust cellular/wireless coverage and capacity throughout the City. Other entities may wish to utilize these assets for their communication networks by attaching their own equipment. SVP is entrusted with ensuring its facilities are well maintained and do not significantly detract from City streetscapes or interfere with the operation of the Electric Utility. To follow this philosophy and maintain consistency, this document sets standard construction and design practices that must be followed when attaching wireless telecommunications equipment to SVP’s streetlights. The overall design philosophy is for equipment to be the least intrusive in appearance, size, and location.
If installations are available (e.g., have been installed in other jurisdictions) that are less intrusive than those described in this document, applicants are encouraged to present those installations to SVP for consideration and inclusion into this document.
Before attaching any communication equipment to City owned assets, the Applicant shall enter into a Master License Agreement with the City. All attachments shall be reviewed, inspected, and approved by SVP. Any attachments found to be made without a valid Master License Agreement, and SVP approval, will be removed at the equipment owner’s expense. Any work required to accommodate the equipment shall be at the expense of the equipment owner.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 5 of 16
By: K. Keating
OH 1570
Rev.
3 4G Streetlight Attachments
The following items shall be taken into consideration when applying to attach 4G equipment to streetlights.
All equipment on the pole shall be covered except for SVP approved meters and disconnect switches.
o Antennas shall be attached to the top of the pole and covered by a single cylin drically shaped shroud
mounted to the top of the pole.
o Except for the meter and disconnect switch, equipment attached to the pole shall be covered by up to 2
rectangular encasements of matching shape and
dimensions. Encasements for the radio encasements
shall not exceed the following dimensions: 9” wide and
28” in height and 8” deep.
The cylindrically shaped shroud covering the antennas shall not exceed the following dimensions: 11” in
diameter and 30” in height measured from the attachment point of the streetlight.
Except for the antennas, pole mounted equipment shall be installed on the side of th e pole facing away from the street.
All separate encasements and equipment mounted on the streetlight shall be arrange d in the same vertical
alignment.
All pole mounted equipment shall be attached to the
streetlight a minimum of 8 feet above the pole foundation and sidewalk. Equipment that is not concealed under the cylindrical shroud may not ex tend above the top of the streetlight.
Figure 1: Sample 4G
Communication Equipment
Installation for reference.
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 6 of 16
By: K. Keating
OH 1570
Rev.
3 5G Streetlight Attachments
The following items shall be taken into consideration when applying to attach 5G equipment to streetlights.
Apart from the antennas, all equipment on the pole shall be covered, except for SVP approved meters and
disconnect switches.
o Antennas shall be attached to the pole at the same
height of attachment and contain the same dimensions.
o There is a limit of 3 antennas per pole.
o The antennas shall be mounted to the streetlight at least 20 feet above the ground.
o A disconnect switch is required for all installations. o A meter may be required at SVP’s discretion.
The antennas shall be no larger than the following
dimensions: 5” wide, 21” high and 8” deep.
Except for the antennas, pole mounted equipment shall be installed on the side of th e pole facing away from the street.
Except for the antennas, all separate encasements and equipment mounted on the streetlight shall be arranged in the same vertical alignment.
All pole mounted equipment shall be attached to the
streetlight a minimum of 8 feet above the pole foundation and sidewalk. Equipment shall not extend past the bottom of the mast arm.
Figure 2: Sample 5G
Communication Equipment
Installation for reference
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 7 of 16
By: K. Keating
OH 1570
Rev.
3 Figure 3: Example of
Decorative Lights.
General Requirements
All wires shall run inside the streetlight and through conduits in the footing. Best efforts shall be made to ensure that wires and conductors are not visible. Wires that are visible by necessity shall be neatly bundled and arranged, be visible for as short of a run as possible, and hang no more than 5” below the equipment.
All wires shall be separated inside the pole from other existing cables and wires via a sleeve or inner duct inside the pole. All wire splicing shall occur at pull boxes or inside shrouds.
No more than a 1/8-inch gap shall be between the surface of the pole and the mounted equipment. If needed shrouding can be used to close the gap.
Communication Equipment a ttachments to decorative
streetlights will only be approved after the Applicant
demonstrates that they have assessed neighboring poles that are not decorative. If the applicant determines that an attachment to a decorative streetlight is required, a specialized design taking the intent of the pole’s aesthetics into
consideration shall be presented and discussed with SVP for approval prior to submitting an application.
Historical Streetlights are not available for attachment.
The shrouding and antennas must not impinge on the removal of the mast arm.
Antennas and Equipment shall maintain Calif ornia’s General Order 95 clearances from overhead lines and service drops. Locations that cannot meet this requirement shall have their service converted to an underground service at the expense of the Applicant.
Attachments may not interfere wi th the proper operation of th e streetlight. Blocking light, acting as an obstruction to maintenance activities, and causing voltage fluctuations in the existing lamp, are examples of such interference.
Required signage and warning labels shall be installed in accordance with SVP documents SD 1275 and OH 1610.
All communication cables shall have a minimum in sulation rating of 600V or be separately encased inside the streetlight.
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 8 of 16
By: K. Keating
OH 1570
Rev.
3 Equipment conductors and fiber cables may not share the same conduit as the streetlight service. The Applicant’s fiber cable and electric conductors may share the same conduit if an innerduct is used to separate the fiber cable from the electrical c onductor in the co-shared conduit and said conduit sharing is allowed by applicable codes.
Attachments to traffic signal poles are not addressed under this standard document, Applicants who want to attach to traffic signal poles sha ll coordinate their proposal with the Department of Public Works.
Only one Small Cell installation per streetlight is allowed. The propagation of more than one signal through that antenna is not prohibited.
Small Cell or DAS attachments shall not be physically co-located with any other wireless attachments that are not incorporated into the equipment shrouding.
Communication equipment attachment methods and materials shall be clearly shown on submitted plans. SVP has a preference for clamps to be used as the mounting hardware.
The communication equipment design shall prev ent animal nesting and access to the interior of the pole.
o Spikes may not be used as a form of animal control.
In cases where a hole has been drilled into the streetlight to allow cable passage, a seal shall be created between the hosting equipment and the streetlight to prevent water, animal, and debris intrusion.
All equipment shall be properly grounded per SVP Standard document UG 1000, with the use of a separate grounding wire directly connected to the ground lug at the base of the streetlight.
Attachments shall not be added to mast arms.
No attachments shall be added to streetlights that are part of an integrated foundation installed on a bridge or overpass.
In areas where the attachment of the equipment has caused an increased corrosion risk, such as areas where galvanization has been removed or non-galvanized metal has been exposed to the elements, corrosion control methods shall be deployed.
The fit, color, and finish of attachments shall match, or complement, the existing fit, color, and finish of the streetlight.
When not designed specifically to be concealed behind a sign, all pieces of Small Cell equipment shall be in a vertical linear arrangement on one side of the pole.
Equipment shall have long narrow profiles that avoid wide offsets from the pole.
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 9 of 16
By: K. Keating
OH 1570
Rev.
3 Fans are discouraged and should not be utilized when possible. When fans are used, or the equipment produces a noise from another source, the Applicant is to submit a manufacturer factory test report showing that the decibel levels do not exceed the levels set in the Santa Clara Noise Ordinance, Chapter 9.10 of the Santa Clara City Code. After the installation is complete SVP may also require a site-specific acoustic study.
In no case shall an attachment exceed the current equipment size shown below. o Antennas may not be more than 3 cubic feet in volume. o All associated equipment may not be more than 28 cubic feet in volume combined.
The antennas and associated equipment may not extend the height of the pole more than 10% above its preexisting height.
All current attachments to a pole, such as signs, decorative flowers, banners, pole number labels, etc. shall remain on the pole and remain attached in such a way that the attachment can fulfill its intended purpose.
o Pole number labels if incorrect or missing, must be corrected. o Where possible, equipment shall be mounted behind signs to minimize visual impact,
Banners shall not be blocked from their current attachment points.
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 10 of 16
By: K. Keating
OH 1570
Rev.
3 Loading Calculations
Any structural calculations and reports shall be performed and si gned by a California registered Professional Civil/Structural Engineer. The following criteria shall be taken into consideration and mentioned in the submitted loading report when a structural pole loading calculation is performed:
The new pole and foundation shall be designed to AASHTO LTS 2001 Edition for a 110 mph 3 second gust wind speed.
Existing poles and foundations, selected for attachment, shall pass evaluation with the latest AASHTO requirements.
Poles shall be sized to include twin banners, each sized at 2’-6” X 7’.
Depending on the area, other attachments required by the City may include flowerpots or Christmas lights. A visual survey of the area shall be performed to verify the decorative attachments that are to be included in the calculation.
If a location fails its structural loading calculation, a new streetlight may be designed that can accommodate the load. All new pole designs shall follow the foundation design criteria and pole design criteria as defined in Table 1.
All G.O. 95 clearance and strength requirements shall be met and maintained.
Any holes drilled into the streetlight to accommodate equipment attachments shall be modeled in the strength loading calculations.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 11 of 16
By: K. Keating
OH 1570
Rev.
3 Foundation Design
Should a foundation require replacement, the following design considerations shall be utilized:
Comply with SVP design standard UG-1541.
The pole foundation shall be nominally 24” in diameter, and the anchor bolts shall form a bolt circle of 11-1/2” in diameter.
The pole foundation shall include 2 conduits: one for wires relating to the Small Cell/ DAS and one for the streetlight’s power.
Some existing streetlight poles utilize a drill-in foundation, as specified in SVP Document OH 1560. Drill-in foundations shall not be utilized for Small Cell or DAS node installations. If a desired location has a drill-in foundation, then the foundation will require replacement.
The new foundation shall be located as close to the original location as possible.
Radio Frequency (RF)Testing for FCC Compliance
After a facility is approved and installed, field testing is required to be performed to ensure the facility meets the FCC’s standards. Residents within 50-feet of the facility shall be notified by the Applicant of the date that testing is scheduled to occur and can ask for testing of their dwelling units at no charge by contacting the Applicant. The Applicant will only be required to perform the testing of dwelling units only on the scheduled date, and wireless applicants will not be required to revisit a site for further testing of dwelling units after the initial testing has occurred. Testing may also be required when a site is modified (replacing/adding antennas or equipment), if the modifications may affect the antenna(s) output. The applicant will be required to file a report of their field test results with SVP.
Devices and associated equipment shall be UL listed and FCC certified or authorized for the intended use.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 12 of 16
By: K. Keating
OH 1570
Rev.
3 Other Requirements
All Small Cell Sites or DAS nodes shall be equipped with a positive disconnect device, as described in SVP standard document SD 1275.
Only SVP approved electric revenue meters shall be used. Equipment service shall not be from the existing streetlight circuit. SVP shall be engaged to provide a new service point for the equipment’s use.
All wires providing power to the Small Cell equipment shall be provided with a fuse. The site shall not have generators or generator sockets. City has the right to withhold certain locations for its own use.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 13 of 16
By: K. Keating
OH 1570
Rev.
3 Figure 5: Example of Round Tapered
Aluminum Pole
Figure 4: Example
of Square Steel Pole Figure 6: Example of Sterner-
type Pole
Streetlight Selection and Design
If the selected location for Small Cell, or DAS node placement, has the existing pole design as listed in Table 1, then the Minimum Required Replacement (MRR), shown on the right column of the table, is required. The MRR must be used when performing foundation calculations, even if the existing pole passes. If an existing pole fails the pole loading calculation, then the new pole design must look substantially like and have the characteristics of the MRR. If the existing light fixture is not an LED (light-emitting diode) than it shall be replaced by an SVP approved LED fixture during the installation of the communication equipment.
Table 1: Minimum Required Pole Replacement
Existing Pole Design Minimum Required Replacement
40’ square steel streetlight pole
(Figure 4)
Install a new round tapered aluminum pole
and mast arm with the LED light fixture
mounted 35’ from grade and new foundation.
30’ round tapered aluminum streetlight pole
and mast arm (Figure 5)
Utilize the existing pole and light fixture but
install it on a new foundation
30’ or shorter round tapered aluminum davit
streetlight pole
(Figure 5)
Install a new round tapered aluminum pole
and mast arm with the LED light fixture
mounted 30’ from grade and new foundation.
25’ or shorter round tapered aluminum
streetlight pole and mast arm
(Figure 5)
Install a new round tapered aluminum pole
and mast arm with the LED light fixture
mounted 30’ from grade and new foundation.
Sterner-type streetlight pole
(Figure 6)
Install a new round tapered aluminum pole
and mast arm with the LED light fixture
mounted 30’ from grade and new foundation.
For pole types not listed in Table 1, the streetlight design will be determined by SVP. If the existing design is still to be used, and the current streetlight fails the structural loading calculation, the replacement streetlight shall be indistinguishable from the or iginal design. The replacement streetlight shall not stand out when placed within a line containing other existing poles.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 14 of 16
By: K. Keating
OH 1570
Rev.
3 Signage
All Small Cell Sites / DAS nodes shall comply with the following signage requirements:
Contact Information: The equipment owner’s name, a unique identification number of the Small Cell Site or DAS Node, and a 24 hour contact phone number. The streetlight must have attached signage for RF, as required in SVP standard document SD 1275.
All pieces of equipment that have the capability to be removed as one unit shall have the owner’s name and contact phone number placed on them as well as the streetlight. SVP standard document OH 1610 provides more information about pole labeling requirements.
Permits
All proposed work and traffic control devices within the City right-of-way or City easement require an Encroachment Permit. The City’s Department of Public Works shall be contacted to determine if a City Encroachment Permit is required.
Public Outreach Requirements
As a part of the Permitting process, the following public outreach requirements for small cell installations are to be followed:
The Applicant is required to prepare mailing list and to notify all property owners and residents within 300 feet of the proposed facility via registered mail or certified mail.
The Applicant shall provide the City’s Department of Public Works and Electric Department with the following:
o A copy of the letters and exhibits that were mailed to property owners and occupants within 300 feet of proposed facility.
o An aerial map showing the location of the proposed facility and an outline of the properties that are within 300 feet of the outreach area. o A list of all property owners, tenants, and occupants that were to receive the notification, including their address.
o An affidavit stating all property owners/occupants on the mailing list were sent letters and it shall indicate the date the letters were deposited with United States Postal Service.
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By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 15 of 16
By: K. Keating
OH 1570
Rev.
3 The property owners shall be given 21 calendar days from the notification date to contact the Applicant with any questions or concerns.
The notification letter shall contain the following:
o Clear description of the scope of work
o The target construction quarter and year
o Aerial map identifying the proposed location. As well as photos showing the proposed equipment and construction plans showing the site plan and elevations. o The Applicant Community Liaison’s name, phone, and email address whom property owners or occupants may contact with any questions or concerns. o The Applicant Community Liaison shall reply to all inquiries within 72 hours of contact
The applicant shall log all contact with property owners or occupants. The log shall include the date, owner or resident’s name, address and the questions or concerns from the owner or occupants has regarding the facility.
The Applicant shall provide a response (via email or letter) and attempt to resolve any issues prior to permit Issuance and shall keep a record of the complete text of each recipient’s comments, requests, questions, and Applicant’s responses and provide to City upon request.
Upon completion of the notification period, the Applicant shall provide the Department of Public Works and Electric Utility Department with a compilation of all inquiries received (if any), including breakdown of the comments and concerns and, the inquirer’s name, address and contact information. The list shall be accompanied by an affidavit stating all inquiries received have been complied with and provided to the City, or that no inquiries were received for the proposed facility.
The Applicant shall work with the City to address any concerns to the maximum extent possible.
By: J. Bruzzone
Small Cell / DAS Attachments to
SVP Streetlights
Silicon Valley Power
Drawn By: J. Bruzzone
Approved: 08/15/2023 SHEET 16 of 16
By: K. Keating
OH 1570
Rev.
3 Pole Availability Request and Reservation Process
Applicants may request a particular streetlight is reserved for their use following the terms and conditions set forth in their executed Master License Agreement. Reservation requests shall be submitted to the SVP Engineer in charge of pole contacts in writing.
The reservation requests shall contain the following information:
GPS coordinates of the streetlight
SVP Streetlight identification number, if available
Adjacent address
Google KMZ file, or equivalent, that clearly shows the streetlight being reserved.
Once a reservation request is submitted the SVP Engineer will review the location to determine if the streetlight is already reserved by another applicant or for City use. If the streetlight is available, and the Applicant is in compliance with the other terms of their Master License Agreement, then the reservation may be granted.
An individual Applicant may request only one reservation within a 500-foot radius. Any poles previously reserved by the carrier that are within a 500-foot radius of a newly requested site must be relinquished.
Reservation requests will be processed on a first come, first serve basis. The applicant should allow for up to 2 weeks to process reservation request batches up to 10 poles. Requests numbering more than 10 poles may take up to 4 weeks to process.
Variances
Requests for a variance to this standard document shall be submitted to the SVP Distribution Engineering group in writing. The variance requests shall contain details and justification of the proposed variance that describes why the site cannot be brought into compliance with this standard document.
The applicant should allow for up to 4 weeks for a variance request determination.
Any requests for variances to this standard document must be granted prior to the submittal of an application for attachment. If an application is received that does not meet the requirements of this document without an approved variance it will be rejected as non-compliant.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-221 Agenda Date: 3/25/2025
REPORT TO COUNCIL
SUBJECT
Action on Authorizing the Use of City Electric Forces for Public Works at San Tomas Expressway at Cabrillo Avenue, Monroe Street, and Walsh Avenue
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommend that the City Council declare and determine that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 39935
Location: San Tomas Expressway at Cabrillo Avenue, Monroe Street, and Walsh Avenue
Type of Service: New Business (2005)
Description of Work: Install risers and bring secondary to low voltage pull boxes installed by the County of Santa Clara. Remove old private service risers.
Estimated Cost: $14,088
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Historically, City staff has performed small project work like this under the use of City Forces exception and justification above. In preparation for the implementation and roll out of the new Arcos City of Santa Clara Printed on 3/21/2025Page 1 of 2
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crew management system scheduled to go live in spring/summer 2025, SVP staff will be developing a process to review this practice on a routine basis to provide further support for this approach.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15302 (Class 2 - Replacement or Reconstruction) of Title 14 of the California Code of Regulations as the proposed work involves the replacement or reconstruction of existing utility systems and facilities involving negligible expansion of capacity.
FISCAL IMPACT
The funds to support the staff time for work performed by Silicon Valley Power (SVP) and related construction materials for the work detailed in this report totaling $14,088 is included in the FY 2024/25 Adopted CIP Budget, in the New Business Estimate Work project in the Electric Utility Capital Fund. All referenced work will be performed by City SVP staff. Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
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 protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine that the proposed action is exempt from CEQA pursuant to Section 15302 (Class 2 - Replacement or Reconstruction) of Title 14 of the California Code of Regulations; and
2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at San Tomas Expressway at Cabrillo Avenue, Monroe Street, and Walsh Avenue are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of the public works consistent with this authorization.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-98 Agenda Date: 3/25/2025
REPORT TO COUNCIL
SUBJECT
Action on the 2024 General Plan Annual Progress Report (APR)
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
California State Law requires local jurisdictions, including Santa Clara, to maintain a General Plan to guide the orderly, long-term use of lands within the City through policies and General Plan Land Use designations. The General Plan communicates the City’s long-term vision for future growth and land use and establishes a policy framework to govern decision-making concerning the physical development of the community. The seven major strategies of the General Plan, along with their implementing goals and policies, define and communicate the City’s overarching vision for the community in relation to physical development patterns. The City’s seven major General Plan strategies are:
1. Enhance the City’s High Quality of Life
2. Preserve and Cultivate Neighborhoods
3. Promote Sustainability
4. Enhance City Identity
5. Support Focus Areas and Community Vitality
6. Maintain the City’s Fiscal Health and Quality Services
7. Maximize Health and Safety Benefits
The General Plan further establishes multiple goals and policies to guide decision making to be consistent with the realization of these strategies.
The Housing Element is a required component of the General Plan and, per State law, must demonstrate the City’s ability to support residential development capacity consistent with the City’s Regional Housing Needs Allocation (RHNA).
The City is required to provide three annual reports to the State to demonstrate the City’s progress toward implementation of its General Plan:
· General Plan Annual Progress Report (GP APR)
· General Plan Housing Element Annual Progress Report (Housing Element APR) · Housing Successor Agency Annual Report regarding the Low and Moderate Income Housing Asset Fund (LMIHAF)
The GP APR and Housing Element APR respond to the obligations of the 6th cycle RHNA and the City of Santa Clara Printed on 3/21/2025Page 1 of 4
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City’s Housing Element, which was adopted by the City Council on May 7, 2024 and subsequently certified by the California Department of Housing and Community Development (HCD) on May 31, 2024.
These reports are due on April 1st of each calendar year and the Housing Element APR and LMIHAF must be submitted to HCD using the forms and definitions adopted by HCD. These two documents must also be posted on the City’s website.
Historically, the City has submitted three reports to the State on an annual basis, in conformance with these requirements. Staff is preparing all three documents to submit to the State prior to April 1, 2025.
Beginning in 2020, the State further mandated that all cities, including Charter cities such as Santa Clara, and all 58 counties, submit the GP APR to their legislative body as well as to the Governor’s Office of Planning and Research (OPR) (Government Code Section 65400). This report is being submitted to the City Council to fulfill this requirement.
DISCUSSION
Annual Progress Reports provide local legislative bodies with information regarding the implementation of the General Plan for their city or county. The Annual Progress Report is strictly a reporting document and does not create or modify any City of Santa Clara goals or policies found within the General Plan. APRs must be presented to the local legislative body for review and acceptance. Once approved, the General Plan APR must be filed with the Governor’s OPR and the Housing Successor Agency Annual Report must be posted on the City’s Website.
This report includes six attachments documenting the City’s implementation of the General Plan over the last calendar year. As described in these documents, the City’s General Plan is consistent with State law, and has been successful in creating market-rate housing, especially in the City’s General Plan Focus Areas.
Attachment 1 is a fact sheet that includes relevant milestones for the General Plan. A summary of the Housing Element APR, including housing production numbers for the year and Housing Element implementation actions, is included as Attachment 2. In 2024, a total of 321 units were issued Planning entitlements, with building permits for 114 units issued. A total of 152 units were issued certificates of occupancy in 2024.
The Housing Successor Annual Report regarding the LMIHAF has been prepared pursuant to California Health and Safety Code Section 34176.1(f). The report sets forth details of the City of Santa Clara Housing Successor activities in Fiscal Year 2023-2024 and is included for reference as Attachment 3.
A list of all General Plan Amendments filed since the adoption of the 2010-2035 General Plan is included as Attachment 4. Five amendments were adopted to the General Plan in 2024, including (1) the Housing Element Update adoption, and (2) General Plan Amendments related to the adoption of the City’s Zoning Map; (3) A General Plan Amendment for the Kylli/Mission Point project located at 3005 Democracy Way; and (4) a General Plan Amendment for the 2805 Bowers Avenue Data Center project.
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The newly adopted Housing Element contains a number of reporting requirements beyond the information contained in the Annual Progress Report. One example is a map of the location of Accessory Dwelling Units constructed in relation to High Resource Areas in the City (Attachment 5).
In addition to mapping the location of ADUs within the City, Housing Element Action 1.n. sets a goal of 49 ADUs produced per year, with 70% in either High or Highest Resource areas. For the first two years of the 6th cycle, 121 of the 134 units constructed (90%) have been in either the High or Highest Resource areas.
The other reporting maps and tables required by the Housing Element are located on the City’s General Plan website, under the heading General Plan and Housing Element Annual Progress Reports and are provided as Attachment 6 to this report.
ENVIRONMENTAL REVIEW
The action being considered is simply to accept an annual report on the City’s General Plan and as such 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 administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
This report has no fiscal impact in that it simply reports housing production for the prior calendar year and gives the Council a report on the status of the implementation and upkeep of the General Plan.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Accept the General Plan Annual Progress Report as presented by staff for submittal to the California Department of Housing and Community Development (HCD).
Reviewed by: Afshan Hamid, Director of Community Development Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Santa Clara General Plan 2010-2035 Fact Sheet
2. 2024 Housing Element Annual Progress Report Summary Data
3. FY 2023-2024 Successor Agency Annual Report
4. Amendments to the General Plan, 2010-Present
5. ADUs Inventory, 6th Cycle
6. General Plan APR weblinks
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General Plan 2010-2035 Fact Sheet
Adoption Date of General Plan: November 6, 2010
Adoption Date of Housing Element: May 7, 2024; Certified by HCD, May 31, 2024
Consistency with the Office of Planning and Research General Plan Guidelines: consistent
General Plan Amendments adopted in 2024
Mission Point (Kylli) – November 19, 2024
2805 Bowers Data Center – August 27, 2024
General Plan Amendments to create consistency with the Zoning Map – July 16, 2024 Housing Element Update – May 7, 2024
Priorities for land use decision making that have been established by the local legislative body (e.g., passage of moratoria or emergency ordinances): Ordinance 2018, imposing a ban on all commercial cannabis activities, adopted May 12, 2020.
Advance Planning 2024 milestones:
- Housing Element Adoption and Certification
- Zoning Map Adoption
Ongoing Advance Planning Activities:
- El Camino Specific Plan
- Santa Clara Station Area Plan
- Tasman East Amendment
City of
Santa Clara
The Center of What's Possible
Jurisdiction Santa Clara
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 20
Deed
Restricted 2
Non-Deed
Restricted 21
Deed
Restricted 3
Non-Deed
Restricted 24
44 114
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 1 7 13
2 to 4 units per structure 0 4 0
5+ units per structure 318 34 80
Accessory Dwelling Unit 2 69 59
Mobile/Manufactured Home 0 0 0
Total 321 114 152
Infill Housing Developments and Infill Units Permitte
d # of Projects Units
78 114
00 72
1,753
98 0
0 0
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 55
SB 423 (2023) 00
Ministerial and Discretionary Applications # of Units
Ministerial 48 45
Discretionary 24 1708
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 0 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income Number of SB 423 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Prepared by Housing & Community Services Division
1500 Warburton Avenue Santa Clara, CA 95050
(408) 615-2490 [email protected]
HOUSING SUCCESSOR
ANNUAL REPORT
REGARDING THE LOW- AND MODERATE-INCOME HOUSING ASSET
FUND FOR FISCAL YEAR 2023-24
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 34176.1(f)
FOR THE CITY OF SANTA CLARA
Submission Date: March 31, 2025
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Santa Clara Housing Successor Page 1
HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE
LOW- AND MODERATE-INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2023-24 PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE CITY OF SANTA CLARA
The Housing Successor Annual Report (Report) regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and describes the status of the LMIHAF as of June 30 , 2024. The Report further provides certain details regarding the City of Santa Clara, as Housing Successor (“Housing Successor” or “City”), and its activities during Fiscal Year 2023-24(Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor , the Santa Clara City Council, an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by staff and information contained within the financial records of the Low- and Moderate-Income Housing Asset Fund 169 for Fiscal Year 2023-24.
The Report conforms with and is organized into Sections I through XI, inclusive, pursuant to Section 34176.1(f) of the Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. This section also includes a reporting on the amount the Housing Successor received pursuant to Health and Safety Code Section 34191.4(b)(3)(A) for sponsoring community loan repayments.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
IV. Statutory Value Of Assets Owned By Housing Successor In LMIHAF: Under the Dissolution Law, and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency , as listed on the housing asset transfer schedule approved by the Department of Finance, as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
V. Description of Transfers: This section describes transfers, if any, to another housing City of
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successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used.
The sole purpose of the transfers must be for the development of transit prior ity projects, permanent supportive housing, housing for agricultural employees or special needs housing.
VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
VII. Status of Compliance with Section 34176.1: This section provides a status update on compliance with Section 34176.1 (amending the dates to initiate activities consistent with development of affordable housing under Section 33334.16). For interests in real property acquired on or after February 1, 2012, this section provides a status update on the project.
VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor’s progress in meeting those prior obligations of the former redevelopment agency and how the Housing Successor plans to meet any unmet obligations.
IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014, and whether the statutory thresholds have been met. However, reporting of the Income Test was reported in 2019 and reported again in 2024 (FY2023-24 Report).
X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed- restricted rental housing assisted individually or jointly by the Housing Successor, its former redevelopment agency and its host jurisdiction within the same time period. For this Report the ten-year period is July 1, 2014- June 30, 2024.
XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.
XII. Inventory of Assisted Homeownership Units: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
This Report is to be provided to the California Department of Housing and Community Development by April 1, 2025. In addition, this Report and the former redevelopment agency’s pre- dissolution Implementation Plans are to be made available to the public on the City’s website, www.santaclaraca.gov.
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I. AMOUNT DEPOSITED INTO LMIHAF (INCLUSIVE OF DEPOSITS MADE PURSUANT TO SECTION 34191.4(B)(3)(A))
Source Amount
First Time Homebuyer Loan Repayment (Principal & Interest) $141,024 Housing Rehab Loans-NCIP (Principal & Interest) $0
AH Development Loans Repayment (Principal & Interest) $721,844 Use of Money & Assets (Interest, Rent, Misc. Other Revenue) $92,704 20% Set Aside on Sponsoring Community Loan Repayments
Pursuant to Safety Code Section 34191.4(b)(3)(A) -
Developer Fees $0
Land Sale Proceeds $
Total from all sources deposited in Fiscal Year $955,572
A total of $ 955,572 was deposited into t he LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. The City did not receive any loan repayments under Section 34191.4(b)(3)(A) from the Successor Agency for funds borrowed from the City by the former redevelopment agency. Because no payments were made, no deposits were required to be made into the City’s LMIHAF that were associated with sponsoring community loan repayments under Health and Safety Code Section 34191.4(b)(3)(A).
II. ENDING BALANCE OF LMIHAF
Balance of LMIHAF as of 6/30/24
Subject Balance
Previous balance + Current Deposits - Expenditures $4,165,307
At the close of the Fiscal Year, the ending balance in the LMIHAF was $4,165,307 of which $0 is held for items listed on the ROPS.
III. DESCRIPTION OF EXPENDITURES FROM LMIHAF
Subject Amount
Monitoring & Administration $353,128
Homeless Prevention and Rapid Rehousing Services Expenditures $249,989 Housing Development Expenditures for pre-development expenses Total Expenditures $603,117
The primary expenditures from the LMIHAF were for the Homeless Prevention, Case Management services for the Tenant Based Rental Assistance (TBRA) program, and Rapid City of
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Rehousing Services and expenditures and administrative costs associated with monitoring the portfolio’s long-term affordability restrictions.
The City entered into two separate agreements with program service providers totaling $250,000 from LMIHAF funds. The TBRA program was administered by Abode Services. The City allocated LMIHAF funds in the amount of $140,000 to Abode Services to provide case management services and general program administration services for the TBRA program. Federal Home Investment Partnerships Act (HOME) funds in the amount of $827,242 were allocated for subsidies and deposits, and $160,697 from City Affordable Housing funds were allocated to supplement the LMIHAF funds. The TBRA program provides housing and case management services to individual and families who are homeless or at risk of homelessness. The second agreement is with the County of Santa Clara to provide intensive case management and other supportive services for homeless individuals in order to obtain and maintain permanent housing. The agreement is for $110,000 from LMIHAF funds.
The City Council approved two amendments to the Agreement for Services with HouseKeys Inc. for administration of the City’s Affordable Rental Program to continue to strengthen the City’s ability to administer and maintain its affordable rental program. The Amendment No. 3 was approved on May 24, 2022 had a total compensation with a not-to-exceed amount of $332,000 for a two-year period ($156,000 for program administration and an additional $10,000 for special projects). Forty five percent (45%) of the agre ement will be funded by the LMIHAF funds. On May 31, 2024, the City end ed its contract with HouseKeys Inc. and will be monitoring compliance of the Rental Program in-house.
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor.
Asset Category - Loans # of Loans Statutory Value
First Time Home Buyers 21 $799,720
Housing Rehab- NCIP 2 $93,324
Development Loans 31 $102,616,013
Total Loan Balances $103,509,057
Asset Category - Land Statutory Value
Land Held for Development
3575 De La Cruz Boulevard $1,703,500
Land Developed with Affordable Housing
Presidio El Camino Affordable Housing $2,694,997
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Charities Housing $1,479,897
76 N Winchester Boulevard (formerly 90 N Winchester Blvd) $7,596* Monroe St & San Tomas - Affordable Housing $5,400,270 Total Land Balances $11,286,260
Total Statutory Value of Assets Owned by Housing Successor $114,795,317 *The affordable senior housing project land (APN 303-17-054) has a cost of $7,596.
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.
No previous projects required LMIHAF transfers during the fiscal year.
VI. PROJECT DESCRIPTIONS
This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VII. STATUS OF COMPLIANCE WITH SECTION 34176.1
Section 34176.1 provides that the deadlines in Section 33334.16 do not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset.
The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012:
Address
Date of Transfer
approval from
DOF
Deadline to
initiate
activity
Current Status
2330 Monroe St &
San Tomas Expressway 7/16/2013 7/16/2018
Executed DDA, Approved
Entitlements, and Encumbered
Funds (Construction Complete,
C of O October 2023)
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3575 De La Cruz Boulevard 7/16/2013 7/16/2018
Awarded and
Executed ENA (ENA
Extended to December 2024)
76 N. Winchester Boulevard
(Formerly 90 N. Winchester
Boulevard)
7/16/2013 7/16/2018
Executed DDA, Approved
Entitlements, and Encumbered
Funds (Construction Complete,
C of O June 2023)
2330 Monroe Street:
On December 7, 2017, the Housing and Community Services Division held a Community Engagement Meeting at City Hall to discuss plans for the future development of the City-owned site at 2330 Monroe Street. The RFP was issued on March 2018 and on November 11, 2018, Santa Clara’s City Council authorized the City Manager to execute an Exclusive Negotiation Agreement (ENA) with Freebird Development Company for the development of 2330 Monroe Street. On January 28, 2020, Santa Clara’s City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) with Freebird Development LLC and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, Deeds of Trust, Promissory Notes, and Affordable Housing Agreement).
Freebird Development Company applied for tax-exempt bonds and tax credits in December 2020 but was not awarded in that round. In December 2021, Freebird’s application for tax-exempt bonds and tax credits was successful and the project closed financing in April 2022. The project completed construction and received its certificate of occupancy October 18, 2023. On 9/25/2024, the loans for the Project including the City loans, converted into permanent long-term financing.
3575 De La Cruz Boulevard:
On January 29, 2018, the Housing and Community Services Division held a Community Engagement Meeting at the Northside Library to discuss plans for the future development of the City-owned site at 3575 De La Cruz Boulevard. The RFP was issued in June 2018 and on April 9, 2019, Santa Clara’s City Council approved an ENA with Habitat for Humanity Company for the development of 3575 De La Cruz Boulevard. The ENA provided an initial negotiating period of 18 months, commencing on the date of the Agreement was fully executed, which could be extended for two additional periods of six months each by the City Manager upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Both six-month extensions were authorized by the City Manager. As allowed under the ENA, the City Manager granted two six-month extensions for the ENA on December 14, 2020 and the second on July 12, 2021. Since that time, five additional extensions were signed extending the ENA until December 30, 2024 to allow Habitat for Humanity additional time to prepare a Disposition and Development Agreement (DDA) for Council consideration.
76 N. Winchester Boulevard (formerly 90 North Winchester Boulevard):
On February 27, 2015, the Housing Successor issued a Request for Proposals for 90 North Winchester Boulevard (referred to as the "BAREC Site") for the development of affordable senior housing. On January 29, 2019, Santa Clara’s City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a DDA with Core Affordable Housing LLC for the development of the Agrihood Project located at 90 North Winchester Boulevard/ 1834 Worthington Circle and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, City of
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The Center of What's Possible
Santa Clara Housing Successor Page 7
Deeds of Trust, Promissory Notes, and Affordable Housing Agreement). The Core Companies announced in September 2020 that the Agrihood Project has been awarded $50,000,000 in tax- exempt bonds by the California Debt Limit Allocation Committee (CDLAC). The project closed financing in June 2021 and received its certificate of occupancy in June 30, 2023. On June 12, 2024, the loans for the Project including the City loans, converted into permanent long-term financing.
VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the FY2009/ 10 - FY2015/16 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
There are no existing replacement housing obligations.
Inclusionary/Production Housing: According to the FY2009/ 10 - FY2015/16 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
There are no existing inclusionary production obligations.
IX. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.
In addition to utilizing LMIHAF funds for administration and monitoring of housing units subject to Affordable Housing Agreements of the former Agency, the Housing Successor has funded three new projects that require compliance with the requirements of Section 34176.1(a)(3)(B).
Since the last report in 2019, the Housing Successor has utilized $25,700,000 from the LMIHAF for the development of three affordable rental housing projects. Within this expenditure, 40% of the funds were allocated for the development of housing affordable to households earning 30% or less of Area Median Income (AMI), 36.27% for the development of housing affordable to households earning 60% or less of AMI, and 22.67% for the development of housing affordable to households earning between 60% and 80% of AMI. The Housing Successor has met its extremely low-income test for this reporting period.
Income Test Total
Units ELI-30% VLI-50% LI-60% LI-80% Med-
100% Mgr
Allied 2904 Corvin
(3311 Kifer Rd) $5,000,000 145 80 50 14 1 I
City of
Santa Clara
The Center of What's Possible
Santa Clara Housing Successor Page 8
Agrihood (90 North
Winchester Blvd) $15,700,000 165 54 54 55 2
Freebird (2330
Monroe Street) $5,000,000 65 16 32 8 8 0 1
Total $25,700,000 375 150 136 77 8 0 4
Affordability Levels % Expended
30% or Below AMI 40.00%
Below 60% AMI 36.27%
AMI Between 60-80% 22.67%
X. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed- restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed- restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor o r City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
The following provides the Housing Successor’s Senior Housing Test for the 10-year period of 7/1/2014-6/30/2024. The aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years did not exceed 50 percent of the aggregate number of units of deed- restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. Therefore, the restrictions under Section 34176.1(b) do not apply. Please note that there were no new deed-restricted senior rental housing units for seniors during this reporting period, so the total percentage of assisted senior housing remains unchanged.
Senior Housing Test 10 Year Test
July 1, 2014 - June 30, 2024
# of Assisted Senior Rental Units by Former RDA 0
# of Assisted Senior Rental Units by City 79
# of Assisted Senior Rental Units by Housing Successor 164 Total # of Assisted Senior Rental Units 243
# of Assisted Rental Units by Former RDA 0
# of Assisted Rental Units by City 424
# of Assisted Rental Units by Housing Successor 372
Total # of Assisted Rental Units 796
Assisted Senior Housing Percentage 30.53%
City of
Santa Clara
The Center of What's Possible
Santa Clara Housing Successor Page 9
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the LMIHAF account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.
The Housing Successor created the LMIHAF account on February 1, 2012. The LMIHAF Balance on Deposit of $3,605,651, this amount is less than the sum of the annual deposits made in the preceding four fiscal years of $5,422,511. As a result, the LMIHAF does not have an Excess Surplus.
Annual Deposits Amount Deposited
FY 2019-20 LMIHAF Deposits $1,343,393
FY 2020-21 LMIHAF Deposits $1,552,257
FY 2021-22 LMIHAF Deposits $1,322,898
FY 2022-23 LMIHAF Deposits $1,203,963
Aggregate Deposits for 4 preceding fiscal years $5,422,511 LMIHAF Balance on Deposit $3,605,651
Encumbered Funds
Unencumbered LMIHAF Balance on Deposit $3,605,651
Excess Surplus $0
XII. HOMEOWNERSHIP INVENTORY
This section contains an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
There are a total 58 of assisted homeownership units being monitored by the housing successor.
No units were lost from the portfolio during the fiscal year and no units have been lost from the portfolio since February 1, 2012. A total of zero units have been removed from the housing successor’s portfolio during the fiscal year because the homeowners have satisfied the terms of the recorded affordability covenants.
No funds were returned as part of a program that protects the former agency's investment of funds from the LMIHAF. The Housing Successor did receive $141,024 of program income associated with the housing successor's homeownership portfolio.
The Housing Successor did not contract with any outside entity for the management of the housing successor's homeownership portfolio.
ACTIONS NEEDED
This report must be submitted to the California Department of Housing and Community Development by April 1st. This report and the former redevelopment agency’s Implementation Plans are posted on the City’s website at www.santaclaraca.gov
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
General Plan Amendment Applications
2010 to Present
GPA # Project File Number Description Notes
#73
1410 El Camino Real ‐ The
Presidio PLN2010‐08180
GPA# 73 from Gateway Thoroughfare to High Density Residential (3,025 sq.ft. of commercial use and 40 residential units) 11.09.2010 ‐ City Council Approved #74 2875 Lakeside Drive PLN2010‐08051
GPA #74 ‐ General Plan Text Amendment for lot coverage; (5‐ story, 107 room extended stay hotel with podium parking at grade and 4 floors above) Withdrawn
#75 5403 Stevens Creek Blvd PLN2011‐08988
GPA #75 ‐ General Plan Amendment from Low Intensity Office R&D to High Intensity Office R&D (Two 6‐story office buildings totaling 295,500 sq.ft. & one below and above grade parking structure w/ a total of 1,118 on‐site parking spaces; demolish existing commercial building [I‐Hop]) 07.17.2012 ‐ City Council Approved #76 45 Buckingham Drive PLN2013‐09799
GPA #76 from Community Mixed Use to High Density Residential (Four‐story, 222 unit multi‐family residential development with wrap parking structure w/ 375 on‐site parking spaces; demolish of existing commercial building) 03.18.2014 ‐ City Council Approved #77 2585 El Camino Real PLN2013‐09805
GPA#77 ‐ General Plan Amendment from Community Mixed Use to High Density Residential (60 condominiums at 43 DU/AC) 08.27.2013 ‐ City Council Approved #78 2611 El Camino Real PLN2013‐09744
GPA #78 General Plan Amendment from Regional Mixed Use to High Density Residential (183 multi‐family residential project; demolish commercial) 09.15.2013 ‐ City Council Approved #79 166 Saratoga Avenue PLN2013‐10111
GPA #79 ‐ General Plan Amendment from Community Mixed Use to Medium Density Residential (33 townhomes) 12.09.2014 ‐ City Council Approved #80
2620‐2800, 2423‐2475
Augustine Drive PLN2014‐10256
GPA #80 ‐ General Plan Amendment from High Intensity
Office/R&D to Community Commercial [Retail Center] and Light Industrial to High Intensity Office/R&D [Office Phase II & III] (up to 1,243,300 s.f. of office space and up to 125,000 s.f. of retail space for a total (inclusive of Office Phase I) of up to 2,000,100 square feet of development) 06.10.2014 ‐ City Council Approved #81 1313 Franklin Street PLN2014‐10542
GPA #81 ‐ General Plan Amendment from Community Mixed Use to Regional Mixed Use (44 residential condominium units and 14,500 s.f. retail) 01.13.2015 ‐ City Council Approved #82 1701 Lawrence Road PLN2014‐10320
GPA #82 ‐ General Plan Amendment from Medium Density
Residential to Low Density Residential (9‐unit townhome project; demolish two commercial buildings and a single family residence) 04.07.2015 ‐ City Council Approved #83 5155 Stars & Stripes PLN2014‐10554
GPA #83 ‐ General Plan Amendment from Parks/Open Space and Regional Commercial to Urban Center/Entertainment District (up to ~9.16M s.f. of office, retail, residential, hotel and entertainment facilities; new open space, parking, roadways, and infrastructure; demolish existing structures) 06.28.2016 ‐ City Council Approved #84
2505 Augustine Drive, 3333
Octavius Drive PLN2014‐10577
GPA #84 ‐ General Plan Amendment for Santa Clara Square Office Phases II and III (Light Industrial to High Intensity Office/R&D) (6‐8 story office buildings) 11.18.2014 ‐ City Council Approved #85 2780 El Camino Real PLN2015‐11360
General Plan Amendment #85 from Regional Mixed‐Use to
Density Residential (158 apartments; demolish bowling alley) Withdrawn #85 2780 El Camino Real PLN2017‐12669
General Plan Amendment #85 from Regional Mixed‐Use to
Medium Density Residential (58 townhomes; demolish bowling alley 5/22/2018 ‐ City Council Approval
#86 Lawrence Station Area Plan PLN2014‐10500
GPA #86 ‐ General Plan Amendment for Lawrence Station Area Plan from Low Intensity Office/R&D to Medium, High, and Very High Density Residential (up to 3,500 residential units and up to 104k s.f. commercial, plus parkland, roads, and infrastructure) 11/29/2016 ‐ City Council Approved 1/24/2025
GPA # Project File Number Description Notes
#87 1205 Coleman Avenue PLN2016‐12318
GPA #87 ‐ General Plan Amendment for the Santa Clara Station Focus Area to allow residential development at 51 ‐ 100 du/ac and commercial development at a minimum 0.20 FAR (up to 1,600 residential units and approximately 220k s.f.
hotel/retail/restaurant) 7/9/2019 ‐ City Council Approved #88 575 Benton Street PLN2015‐10980
GPA #88 ‐ General Plan Amendment from Santa Clara Station High Density Residential and Santa Clara Station Low Density Residential to Santa Clara Station High Density Residential and to include a policy to allow limited neighborhood commercial uses within the Santa Clara Station Focus Area on a 5.8‐acre site (318 apartments and approximately 22,000 s.f. commercial) 02/23/2016 ‐ City Council Approved #89 3905 Freedom Circle PLN2017‐12516
GPA #89 ‐ General Plan Amendment from High Intensity
Office/R&D to a Very High Density Residential to allow up to 1,100 residential units with 1,540 parking spaces, up to 2,000 square foot of commercial with 10 parking spaces and a 2‐acre public park. 6/7/2022 ‐ City Council Approval
#90 100 N. Winchester Boulevard PLN2015‐11231
GPA #90 ‐ General Plan Amendment from Regional Commercial to High Density Residential (92 market rate senior units) 01/12/2016 ‐ City Council Approved #91 575 Benton Street PLN2017‐12489
GPA #91 ‐ General Plan Amendment #88 from High Density
Residential to Very High Density Residential (355 apartment units, and ~22,000 square feet of retail) 7/17/2018 ‐ City Council Approved #92
2600 ‐ 2610 Augustine Drive,
3300 ‐ 3380 Montgomery
Drive, et. al. PLN2015‐10899
GPA #92 ‐ General Plan Amendment from Light
Industrial/Community Commercial to Regional Mixed Use, and Light Industrial to High Density Residential (1800 apartments, 40,000 s.f. retail, & associated improvements) 12/15/2015 ‐ City Council Approved #93 2500 El Camino Real, et. al. PLN2016‐11684
GPA #93 ‐ MARIANI General Plan Amendment from Community Mixed Use to Regional Mixed Use for the development of 332 Pending ‐ PC/CC after ECR SP Visioning #94 Tasman East SP PLN2016‐12400 Light Industrial to Transit Neighborhood 11/13/2018 ‐ City Council Approval #95 El Camino Real SP PLN2014 ‐10776
GPA #95 ‐ Up to 6,200 residential units beyond the 2,073 that were allocated under the 2010 General Plan and of which some of those residential units have been constructed in the project area.
Additionally, the Preferred Land Use Alternative would reduce the commercial space which currently exists in the project area by 315,000 square feet. Pending
#96 3005 Democracy Way PLN2017 ‐12924
High‐Intensity Office/Research and Development (R&D) to a new designation allowing high‐intensity mixed use development, including residential and office 6/7/2022 ‐ City Council Approval #97 Patrick Henry Drive Plan Patrick Henry
Drive SP
The Specific Plan will analyze two scenarios: 1) Up to 12,000 net new residential units and 310,000 net new square feet of non‐ residential uses, including retail and education facilities. 2) The same as the (1) but would substitute office for high‐density residential along the east edge of the Plan Area, amounting to an approximate total of 10,300 net new residential units,785,000 net new square feet of office, and 310,000 net new square feet of other nonresidential uses. 3/22/2022 ‐ City Council Approval #98 Freedom Circle Focus Area Freedom Circle
Focus Area
The Focus Area would allow, subject to a future planning study, 2,500 dwelling units beyond those anticipated in the Greystar General Plan Amendment (described below), and 2 million square feet of additional office space beyond that allowed under the current high‐intensity office designation. 6/7/2022 ‐ City Council Approval #99 Climate Action Plan PLN2018 ‐13646 Climate Action Plan Update 6/7/2022 ‐ City Council Approval #100 Zoning Code Update Zoning Code
Update
General Plan Text Amendment to remove the area limitation for manufacturing in the Low‐ and High‐Intensity Office General Plan Designations, and to allow Medical Sevices in the High Intensity Office General Plan Designation 12/19/2023 ‐ City Council Approval #101 1601 Civic Center Drive PLN21 ‐15206 General Plan Amendment from Community Commercial to High Density Residential 11/15/2022 ‐ City Council Approved GPA # Project File Number Description Notes
#102 Housing Element Update Housing Element
Update
Housing Element Update to meet the requirements of the City's 6th Cycle Regional Housing Needs Assessment (RHNA) 1/31/2023 ‐ City Council Approval #103 Housing Element Update re‐
do
Housing Element
Update re‐do
Housing Element Update to meet the requirements of the City's 6th Cycle Regional Housing Needs Assessment (RHNA) 6/27/2023 ‐ City Council Approval #104 The Alameda Mixed‐Use PLN22 ‐00448 General Plan Amendment from Neighborhood Mixed‐Use to Very High Density Residential 8/29/2023 ‐ City Council Approval #105 Downtown Precise Plan PLN2019 ‐13823 Downtown Precise Plan to implement the community’s vision and objectives for a vibrant, pedestrian‐oriented destination Downtown with a mix of residential, office, and civic uses. 12/5/2023 ‐ City Council Approval #103 PLN21 ‐15069 2805 Bowers
General Plan Amendment and Architectural Review to demolish the existing approximately 55,000 square foot 2‐stoy building and construct a new 4‐ story 244,068 square foot data center with a substation. 8/27/2024 ‐ City Council Approval
#96 PLN2017 ‐12924 3005 Democracy
Way
(Kylii) GPA from High‐Intensity Office/Research &Development (R&D) to a new designation Urban Center Mixed Use (residential density range is 60 ‐ 250 dwelling units per acre) and Urban Center Mission Point (minimum FAR is 1.5) allowing up to 3 million sf of office,1,800 residential units, and 100,000sf of retail/community amenities. 11/19/2024 ‐ City Council Approval #106 Housing Element Update Citywide
General Plan Amendment to update the Housing Element of the General Plan for the period of 2023‐2031 with revisions responding to requests from the state department of Housing and Community Development 5/7/2024 ‐ City Council Approval
#107 Zoning Map consistency Citywide
Actions on the Zoning Code Update Related to the Adoption of the Zoning Map, Including: General Plan Amendments to Change the Residential Land Use Designations on Identified Properties to Preserve Residential Capacity, per State Law; A "Cleanup" Ordinance to Amend Title 18 ("Zoning"); and Adoption of the Zoning Map, Consistent with the City's General Plan Land Use Diagram (30 parcels of City right‐of‐way designated for residential; approx. 20 parcels designated for residential that are developed with City facilities; and approx. 30 parcels designated for residential that are developed with houses of worship ) 7/16/2024 ‐ City Council Approval City of Santa Clara
1.n. Increase Housing Choices and Affordability in Areas of Opportunity:
I
I
I
Legend
ADUs
• Finaled '23 / '24
Neighborhood Opportunity
~ Highest Resource
~ High Resource
~ Moderate Resource
~ Low Resource
Distribution of ADUs in
HCD/TCAC Opportunity Areas:
70 - Highest Resource
51 - High Resource
11 - Moderate Resource
2 - Low Resource
90% of ADUs constructed in Highest or
high Resource Areas
E Argues Ave
Kifer
Reed Ave
Iris Ave
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0 ~
l/1
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omestead Rd
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0 ~
z
0 San Jose Mineta
International
Airport
6 C-01.
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Internet Links
_______________________________________________________________________________ City of Santa Clara General Plan website, with additional APR reporting:
City of Santa Clara General Plan and previous years’ APRs:
https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning- division/general-plan
Map o
f deed-restricted affordable housing in the City of Santa Clara https://www.santaclaraca.gov/home/showpublisheddocument/86544/638778906401435116 Map o
f Accessory Dwelling Units produced, 2023-2024
https://www.santaclaraca.gov/home/showpublisheddocument/86548/638778906540977517 Map o
f SB9 units produced, 2023-2024
https://www.santaclaraca.gov/home/showpublisheddocument/86546/638778906483794164 These documents are available for viewing in the Community Development Department/Planning Division
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-286 Agenda Date: 3/25/2025
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Stadium Authority Bills and Claims for the Month of January 2025
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that the invoiced goods or services have been provided.
The Bills and Claims listing represents the cash disbursements required of normal and usual operations during January 2025. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
At its March 12, 2024 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2024-25 Operating, Debt Service, and Capital Budget which runs from April 1, 2024 to March 31, 2025.
In May 2024, the Board and City Council accepted terms for a settlement of longstanding disputes with the 49ers over Stadum Authority obligations (2024 Settlement Agreement). To implement the terms of this settlement, the consent of the National Football League (NFL) and Stadium Lenders approving amendments to the Stadium Lease and Ground Lease were required. On December 28, 2024, all required consents were received making the 2024 Settlement Agreement final and effective.
Among other terms, the 2024 Settlement Agreement allowed the Stadium Authority to make the following payments from its legal contingency reserve which were both made in January 2025:
· $7.3 million to the City of Santa Clara for FY 2022/23 and 2023/24 Performance Based Rent · $3.3 million to the Forty Niners SC Stadium Company, LLC (StadCo) to pay down the Public Safety Costs 2024 Outstanding Balance
Significant expenditures (greater than $5,000) paid in January 2025 include:
· Payment totaling $18,678.04 to Canyon Oaks Ventures LLC for consulting work on the Stadium Market and Trend Analysis report
· Payments totaling $7,327,869.03 to the City of Santa Clara for the following:
o $4,174,583.50 for FY2022/23 Performance Based Rent
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25-286 Agenda Date: 3/25/2025
o $3,150,138.09 for FY2023/24 Performance Based Rent
o $2,145.93 for reimbursement of Stadium Authority General & Administrative (G&A) Costs
o $1,001.51 for reimbursement of Capital Expenditure (CapEx) Costs for the Kawasaki All -Terrain Vehicle (ATV) police equipment
· Payment totaling $3,321,116.00 to StadCo for Public Safety Costs 2024 Outstanding Balance Paydown
· Payment totaling $1,173,619.29 to Forty Niners Stadium Management Company, LLC for January 2025 Stadium Manager Expenses, inclusive of Shared Stadium Expenses · Payment totaling $28,942.93 to Guidepost Solutions LLC for Public Safety Consulting Services (May, June, & August 2024)
· Payment totaling $14,760.00 for Legal Services (November - December 2024) · Payment totaling $10,216.18 to InTWO, Inc for Financial Management System Monthly Services (November - December 2024)
· Payment totaling $5,070.00 to Keyser Marston Associates, Inc. for Fiscal and Economic Analysis (November 2024)
· Payment totaling $7,360.00 for Legal Services (October - November 2024) Names of law firms have been redacted from the Bills and Claims report. The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney- client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority, and the specific amounts billed by each, have been redacted from the public report to maintain the confidentiality of billing records for specific legal services. The aggregate amount spent on legal services in the subject time period has been provided.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The fiscal impact to the Stadium Authority is $11,908,621.22.
COORDINATION
This report has been coordinated with the Executive Director and Stadium Authority Counsel’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
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25-286 Agenda Date: 3/25/2025
RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for January 2025.
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. January 2025 SCSA Bills and Claims
City of Santa Clara Printed on 3/21/2025Page 3 of 3
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Payment Date Vendor Invoice No. Description Fund Amount 1/10/2025 Canyon Oaks Ventures LLC 0102 Non-NFL Event Market Research Operating 18,678.04$ 1/29/2025 City of Santa Clara 96316 FY2022-23 Performance Based Rent Operating 4,174,583.50 1/29/2025 City of Santa Clara 96316 FY2023-24 Performance Based Rent Operating 3,150,138.09 1/31/2025 City of Santa Clara N/A Reimburse City of Santa Clara for G&A Costs Operating 2,145.93 1/31/2025 City of Santa Clara N/A Reimburse City of Santa Clara for CapEx Costs CapEx 1,001.51 7,327,869.03
1/30/2025 Forty Niners SC Stadium Co, LLC N/A Public Safety Costs Outstanding Balance Paydown Operating 3,321,116.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Security Operating 133,473.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Stadium Ops Operating 281,995.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Engineering Operating 327,933.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Guest Services Operating 51,714.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Groundskeeping Operating 26,374.00 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - SBL Sales & Service Operating 203,970.46 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Insurance Operating 83,473.63 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - StadCo Tenant Improvements Operating 2,371.45 1/2/2025 Forty Niners Stadium Management Co, LLC SLS-24838 January 2025 Stadium Manager Expenses - Other G&A Operating 62,314.75 1,173,619.29
1/13/2025 Guidepost Solutions LLC 66503R Public Safety Consulting Services (May 2024) Operating 4,590.13 1/13/2025 Guidepost Solutions LLC 67448 Public Safety Consulting Services (June 2024) Operating 13,200.32 1/13/2025 Guidepost Solutions LLC 67805R Public Safety Consulting Services (August 2024) Operating 11,152.48 28,942.93
1/13/2025 1511805 Legal Services (November 2024) Operating 1/13/2025 1511809 Legal Services (November 2024) Operating 1/27/2025 1514310 Legal Services (December 2024) Operating 1/27/2025 1514315 Legal Services (December 2024) Operating 14,760.00
1/15/2025 JPMorgan Chase Bank, N.A. N/A Bank Fees Operating 14.75 1/13/2025 InTWO, Inc. 42758-US Financial Management System Monthly Services (November 2024) Operating 350.52 1/13/2025 InTWO, Inc. 43165-US Financial Management System Monthly Services (November 2024) Operating 4,757.57 1/13/2025 InTWO, Inc. 43278-US Financial Management System Monthly Services (December 2024) Operating 350.52 1/13/2025 InTWO, Inc. 43279-US Financial Management System Monthly Services (December 2024) Operating 4,757.57 10,216.18
1/13/2025 Keyser Marston Associates, Inc. 0039313 Fiscal and Economic Analysis (November 2024) Operating 5,070.00 1/17/2025 M. Arthur Gensler Jr. & Associates, Inc. 1141994 CapEx Project - Smoke Evacuation System - Fire Smoke Curtain Replacement CapEx 975.00 1/13/2025 181822 Legal Services (October 2024) Operating 1/13/2025 183266 Legal Services (November 2024) Operating 7,360.00
January 2025 Total 11,908,621.22$
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of January 2025
-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-101 Agenda Date: 3/25/2025
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending December 31, 2024 and Approve Related Budget Amendments
BOARD PILLARS
Ensure Compliance with Measure J and Manage Levi’s® Stadium Enhance Community Engagement and Transparency
BACKGROUND
In Fiscal Year 2014/15 the Stadium Authority Board (“Board”) requested that staff prepare quarterly Santa Clara Stadium Authority (“Stadium Authority”) Financial Status Reports. These reports provide an update on the events held at Levi’s® Stadium, Stadium Authority finances, and the impact of Stadium Authority activity on the City of Santa Clara’s (“City”) General Fund.
This report provides information covering the Stadium Authority’s third quarter of the 2024/25 fiscal year (FY), which ended on December 31, 2024.
The Adopted Stadium Authority Budget incorporates the estimated revenues and expenses for all Stadium Authority funds. The attached Financial Status Report provides the budget to actual revenue and expense summaries for the operating, debt service, and capital funds. Analysis of the financial activity through the fiscal year measures the adherence to the budget and allows the Stadium Authority to monitor and project revenues and expenses. Any significant variances are explained in the reports.
Additionally, staff is recommending amendments to the FY 2024/25 Stadium Authority Budget based on FY 2024/25 projected actuals reported in the proposed FY 2025/26 Operating, Debt Service, and Capital Budget. Carryover of unspent Capital Expenditure (CapEx) funds from FY 2023/24 and an increase to the CapEx budget due to unanticipated costs are also recommended.
DISCUSSION
The attached financial status report provides information covering the Stadium Authority’s third quarter (October 1, 2024 - December 31, 2024) of FY 2024/25. The report summarizes National Football League (“NFL”) and Non-NFL event activity at Levi’s® Stadium and describes the financial impact of these events on the Stadium Authority and City since FY 2014/15. The report also provides the budget to actual revenue and expense summaries for the operating, debt service, and capital funds. Analysis of the financial activity through the fiscal year measures the adherence to the budget and allows the Stadium Authority to monitor and project revenues and expenses. Any significant variances are explained in the report.
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NFL Event Revenue and Expenses
There were seven NFL games held in the third quarter of FY 2024/25. Overall, Levi’s® Stadium hosted one pre-season NFL game of the 2024 season on August 18th and nine regular NFL season games of the 2024 season which are detailed in the report. This resulted in $14.6 million in NFL ticket surcharge for the Stadium Authority and $279,000 of Senior and Youth Program Fees for the City over the course of the NFL season. Public safety costs for NFL games totaled an estimated $5.4 million which will be fully reimbursed to the City.
Non-NFL Event Revenue and Expenses
Cumulatively over the first three quarters of the fiscal year, there were eight ticketed Non-NFL events and 51 special events which are detailed in the report. The eight ticketed Non-NFL events generated an average net revenue of $1.1 million per event which is $300,000 higher than the average net revenue of $738,000 generated through the third quarter of last fiscal year. The soccer sporting events saw an increase in profitability in the current year, the largest driver being lower public safety and event staff related expenses. Table 1 below summarizes revenues and expenditures for the eight ticketed events.
Table 1
$ In Millions
Ticketed Event Revenue Expense Net
Sporting Event 1 2.9$ 0.9$ 2.0$ Concert 1 2.7 0.9 1.8
Concert 2 2.4 0.8 1.6
Concert 3 2.2 0.8 1.4
Sporting Event 2 1.1 0.6 0.5 Sporting Event 3 1.0 0.6 0.4 Sporting Event 4 0.8 0.5 0.3 Sporting Event 5 0.7 0.4 0.3 Total Ticketed Non-NFL Net Revenue to Date 13.8$ 5.5$ 8.3$ Levi's® Stadium
Ticketed Non-NFL Events Revenue and Expenditure Summary As of December 31, 2024
Non-NFL event ticket sales generated $1.4 million in ticket surcharge revenue, half of which will fund the discretionary fund. Public safety costs for these events totaled an estimated $3.1 million which will be fully reimbursed to the City by the Stadium Authority.
When combining ticketed and non-ticketed Non-NFL events to date, Table 2 below shows approximately $10.1 million in net revenue (excluding surcharge revenue) through the end of the third quarter. It should be noted the financial information provided is a draft and subject to change as additional revenues and/or expenditures are recorded.
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Table 2
No. of
Events Net Revenue
Ticketed Events
Concerts 3 4,685,031$
Sporting Events:
Soccer 5 3,639,745
Net Revenue from Ticketed Events 8 8,324,776$
Net Revenue from Special Events (weddings, corporate events, etc.) 51 2,086,969 Other Operating Income(1)
1,328,627
Other Expenses(2)
(1,632,901)
Net Revenue from Non-NFL Events (3) 59 10,107,471$
(2) Other Operating Expenses are expenses not attributable to a specific event. Examples are event selling expenses, administrative expenses and miscellaneous costs.
Levi's® Stadium
Net Revenue for Non-NFL Events by Event Type
As of December 31, 2024
Event Type
(1) Other Operating Income are income not attributable to a specific event. Examples are interest income and reimbursements unrelated to a specific event.
(3) Net Revenue from Non-NFL Events does not include Non-NFL Event Ticket Surcharge of $1.4m.
Stadium Builder Licenses (“SBLs”)
SBLs account for 8.1% of the Stadium Authority’s annual budgeted revenue in FY 2024/25. There is a total of 66,741 currently active SBLs. Through the third quarter, since inception, the value of the active SBLs amount to $561.1 million of which $531 million has already been collected.
Stadium Authority Budgets
The detailed analysis of Stadium Authority budget to actual financials is provided in the attached Financial Status Report. In summary, total operating revenues were $50.1 million representing 80% of the overall budget for revenues and total operating expenses were $17.9 million or 40% of the budget. The debt service fund was able to pay down $8.7 million in debt, bringing total Stadium Authority debt down to $220 million. Capital expenses were $5.1 million representing 21% of the overall CIP budget.
FY 2024/25 Stadium Authority Budget Adjustments
From time to time, budget adjustments may be necessary to align revenues or expenditures to actual or unexpected activity during the course of a fiscal year, known after the adoption of the Stadium Authority Budget. On March 12, 2024, the Stadium Authority Board adopted the Santa Clara Stadium Authority FY 2024/25 Operating, Debt Service, and Capital Budget. As of the timing of the publication of this report, additional information from FY 2024/25 has resulted in recommended budget adjustments as follows:
Operating Budget:
1) NFL Ticket Surcharge: The Forty Niners Football Company, LLC collect a 10% ticket surcharge on the price of admission to all NFL games held at Levi’s Stadium on behalf of City of Santa Clara Printed on 3/21/2025Page 3 of 10
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the Stadium Authority. The Stadium Authority received $895,000 more NFL Ticket Surcharge revenue than budgeted due to higher ticket prices and more tickets sold than budgeted. Therefore, a budget adjustment of $895,000 is needed to reflect the increase in revenue.
2) SBL Proceeds: Cash collected from annual payments from SBL holders on a payment plan and payment from sales on new SBLs and/or SBLs that were defaulted make up SBL proceeds. The Stadium Manager projects $8 million of SBL proceeds, $3.0 million more than the current budget therefore, a budget amendment of $3.0 million is needed to reflect the increase in revenues.
3) Interest: The Stadium Authority was maintaining a higher bank balance than anticipated over the first three quarters of the fiscal year. The Stadium Authority had been holding funds in a legal contingency reserve awaiting the finalization of the 2024 Settlement Agreement. The final effective date of that agreement was December 28, 2024 and subsequently in January 2025, the funds in the reserve were distributed. Additionally, spending on CapEx projects has been lower than budgeted and bank interest rates were higher than projected. The Stadium Authority projects $5.4 million in interest revenue, $1.9 million more than budgeted. A budget amendment of $1.9 million is needed to reflect the increase in revenues.
4) Net Revenues from Non-NFL Events: The Stadium Manager is responsible for booking and scheduling all Non-NFL events on behalf of the Stadium Authority. As required by the Stadium Management Agreement, Stadium Manager is also required to maintain complete and accurate books and records related to the net income from Non-NFL events. The Stadium Manager projects $9.3 million of net revenue from Non-NFL events will be collected, $3.3 million more than the current budget therefore, a budget amendment of $3.3 million is needed to reflect the increase in revenue. 5) Senior and Youth Fee Revenue: Due to the 2024 Settlement Agreement, Senior and Youth Program Fees increased from $0.35 per NFL game ticket with a cap of $250,000 to $0.40 per ticket with a $300,000 cap starting in FY 2024/25 resulting in collection of additional Senior and Youth Program Fee Revenue. The Stadium Authority has collected $279,000 of Senior and Youth Program Fees through the end of the NFL season, which is $11,000 higher than budgeted. A budget adjustment is needed to reflect the increase in the revenue by $11,000 which in turn is paid to the City’s General Fund. (see #8 below). 6) Stadium Management Fee: The Management Performance fee owed to the Stadium Manager is outlined in the Stadium Management Agreement. The Stadium Manager receives an annual base management fee that is split 50/50 between StadCo and the Stadium Authority since the Stadium Manager manages the stadium year-round for both entities. In addition to the base management fee of $269,000 for FY 2024/25 the Stadium Manager also receives a stadium marketing and booking fee based on a tiered percentage of the net Non-NFL events revenue that exceed the Marketing and Booking Fee Benchmark. Based on projected net Non-NFL Event revenue of $9.3 million for FY2024/25, the Stadium Manager is expected to earn an additional $264,000 stadium marketing and booking fee. Therefore, a budget amendment of $264,000 is needed to reflect the City of Santa Clara Printed on 3/21/2025Page 4 of 10
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increased management fee that is projected to be owed to the Stadium Manager. 7) SBL Sales and Service (SBL): The Stadium Manager provides sales and service to SBL holders on behalf of Stadium Authority. Based on projected actuals for FY2024/25 SBL Sales and Service for bonus and commissions expenses are projected to be higher than budgeted due resale activity exceeding what was anticipated. A budget adjustment is needed to reflect the increase in SBL Sales and Service of $163,000. 8) Senior and Youth Program Fees (paid to the City): Due to the 2024 Settlement Agreement, Senior and Youth Program Fees increased from $0.35 per NFL game ticket with a cap of $250,000 to $0.40 per ticket with a $300,000 cap starting in FY 2024/25 resulting in collection of additional Senior and Youth Program Fees. The Stadium Authority has collected $279,000 of Senior and Youth Program Fees through the end of the NFL season, which is $11,000 higher than budgeted (see #5 above). A budget adjustment is needed to reflect the increase in the payment to the City’s’ General Fund by $11,000. 9) Performance Rent: The Performance-Based rent owed to the City is described in the Ground Lease and the Amended and Restated Stadium Lease. As outlined in the agreements, the City can receive Performance-Based rent for each Lease Year equal to 50% of net revenue from Non-NFL events less the sum of the Performance-Based Rent Credits. Performance-Based Rent was budgeted at $9.8 million related to: (1) FY 2022/23 of $4.2 million, (2) FY 2023/24 of $3.1 million and (3) FY 2024/25 of $2.5 million (budget).
FY 2024/25 net Non-NFL event net revenue is projected to be higher than budgeted resulting in an increase to Performance-Based rent owed to the City of $1.6 million.
Therefore, a budget amendment of $1.6 million is needed to reflect this increase. 10) Utilities: Utility costs were higher than anticipated largely due unanticipated rate increase that was not factored into projections. A budget adjustment of $223,000 is needed to reflect the increase in Utility expenses.
11) Use of StadCo Tenant Improvements: The Stadium Authority is charged fees for the use of StadCo assets during Non-NFL events. Use of StadCo Tenant Improvements is projected to be higher than anticipated by $21,000 due to the increased Non-NFL Event activity. A budget adjustment is needed to reflect the increase in Use of StadCo Tenant Improvements of $21,000.
12) Public Safety Cost (PSC) Over Threshold: Due to the 2024 Settlement Agreement, the public safety cost threshold in FY 2024/25 will equal $360,000 per game. Based on projected actual NFL public safety costs it is estimated that the public safety costs over the threshold will be $2,312,000 which will be paid with the discretionary fund so that there are no impacts to the Performance Based Rent paid to the City. A budget adjustment is needed to reflect the payment of PSC over threshold of $2,312,000. 13) 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 amounting to approximately $14.8 million were redefined as “PSC 2024 Outstanding Balance.” The budgeted amount of $6.5 million for FY 2024/25 included $3.3 million from the prior Legal Contingency reserve City of Santa Clara Printed on 3/21/2025Page 5 of 10
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and $3.2 million from excess revenues. Based on projected revenues and expenses, it is anticipated that an additional $3.0 million of excess revenues will be available to pay down the PSC 2024 Outstanding Balance. Therefore, a budget adjustment of $3.0 million is needed to reflect the additional payment of PSC 2024 Outstanding Balance. 14) Transfer to City General Fund from Excess Revenues: Under the 2024 Settlement Agreement the terms of the Stadium Lease has been amended, restructuring the distribution of excess revenues originally to be deposited to the Renovation/Demolition Reserve to instead allocate 25% to the City’s General Fund. The transfer of $3.1 million in excess revenues to the City’s General Fund is budgeted for FY2024/25. Based on projected actuals, $6.2 million is expected to be transferred to the City’s General Fund.
Therefore, a budget amendment of $3.1 million is needed to reflect the increased payment. 15) Ending Fund Balance - Discretionary Reserve: Due to the 2024 Settlement Agreement, the public safety cost threshold in FY 2024/25 will equal $360,000 per game. Based on projected actual NFL public safety costs it is estimated that the public safety costs over the threshold will be $2,312,000 which will be paid with the discretionary fund so that there are no impacts to the Performance Based Rent paid to the City. A budget adjustment is needed to reflect the payment of PSC over threshold of $2,312,000 from the discretionary reserve. 16) Ending Fund Balance - Renovation/Demolition Reserve: Due to the 2024 Settlement Agreement, excess revenues that would fund the renovation/ demolition reserve will now receive 50% of the remaining revenues. With the other 50%, half will go towards paying off the PSC 2024 Outstanding Balance and the other half will be distributed to the City’s General Fund. Based on anticipated excess revenues, the Ending Fund Balance - Renovation/ Demolition Reserve is expected to be $43.8 million, an increase of $6.2 million from budget. Therefore, a budget amendment of $6.2 million is needed to reflect the increase in the Ending Fund Balance Renovation/Demolition Reserve. 17) Ending Fund Balance - Stadium Funding Trust Reserve: The Stadium Funding Trust Reserve is required to have sufficient funds to cover the stadium’s operating and maintenance expenses for the first three months of the following fiscal year. Based on projected expenses for the first three months of FY 2025/26 the Ending Fund Balance - Stadium Funding Trust Reserve is anticipated to increase by $1.6 million therefore, a $1.6 million budget amendment is needed to reflect the increase in the reserve. 18) Ending Fund Balance - Unrestricted: The Ending Fund Balance - Unrestricted is anticipated to decrease by $7.2 million due to the actions taken above. A budget amendment of $7.2 million is needed to reflect the decrease in the Ending Fund Balance - Unrestricted.
Debt Service Budget:
1) Contribution from Community Facilities District (CFD): Due to a continued improvement in the economy post COVID, hotel stays have been higher than anticipated, therefore CFD revenue is projected to be higher which allows for additional debt payment on the CFD Advance. A budget adjustment of $675,000 is needed to reflect the increase in Contribution City of Santa Clara Printed on 3/21/2025Page 6 of 10
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from CFD and the paydown of the CFD Advance.
2) CFD Advance Expense: The CFD Advance Expense is anticipated to increase by $675,000 to reflect the additional debt payment of the CFD Advance due to higher CFD revenues. A budget amendment of $675,000 is needed to reflect the increase in CFD Advance Expense.
Capital Budget:
1) Equipment - Kawasaki ATV (2021/22 Carryover): This project funds the purchase of a new Kawasaki ATV (All-Terrain Vehicle) for Police Department use at the Stadium. The ATV was purchased in FY 2023/24. It was anticipated that this project would be completed by the end of the FY 2023/24 so the remaining funds were not requested to be carried over to FY 2024/25. Due to unanticipated delays with the upfitting, a budget adjustment of $11,0 00 is needed to include additional costs related to properly equip the ATV in FY 2024/25.
Labor required by the City’s fleet department was also more than initially projected and delayed beyond the anticipated billing cycle.
2) Equipment - Kawasaki ATV (2021/22 Carryover): This project funds the purchase of a new Kawasaki ATV for Police Department use at the Stadium. The ATV was purchased in FY 2023/24. It was anticipated that this project would be completed by the end of FY 2023/24 so the remaining funds were not requested to be carried over to FY 2024/25. Due to unanticipated delays with the upfitting, a budget adjustment of $10,000 is needed to include additional costs related to properly equip the ATV in FY 2024/25. Labor required by the City’s fleet department was also more than initially projected and delayed beyond the anticipated billing cycle.
3) Construction - Stadium Event Power Upgrades & Switchgear Electrical (2019/20 Carryover): The project will establish capability to monitor and report the Switch Gear Event Mode Status through the building Schneider Power Monitoring Expert (PME) system for remote monitoring. The plans and specifications required will include any electrical and communication wiring, as well as any controls upgrades necessary to complete the project.
The project was originally scheduled to be completed in FY 2023/24 however, delays in the equipment configuration pushed back the timeline. The final installation is expected to be completed in FY2024/25. A budget amendment of $30,000 is needed to complete the final work.
4) Equipment - Kawasaki ATVs (2023/24 Carryover): This project replaces 5 Kawasaki ATVs originally purchased in 2014 that are at the end of the 10-year useful life. The 5 ATV’s have been purchased in FY 2024/25. Due to unanticipated costs related to upfitting the vehicles a budget adjustment of $14,000 is needed for additional costs in FY 2024/25.
Labor required by the City’s fleet department was also more than initially projected. 5) Ending Fund Balance: The Ending Fund Balance is anticipated to decrease by $65,000 due to the actions taken above. A budget amendment of $65,000 is needed to reflect the City of Santa Clara Printed on 3/21/2025Page 7 of 10
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decrease in the Ending Fund Balance - Unrestricted.
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 an administrative activity that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT
As discussed, staff recommends the budget amendments detailed in the tables below:
Operating Budget
Description Current Increase/
Decrease
Revised
SOURCE OF FUNDS:
NFL Ticket Surcharge Revenue $13,700,000 $895,000 $14,595,000 SBL Proceeds Revenue $5,057,000 $2,912,000 $7,969,000
Interest Revenue $3,534,000 $1,901,000 $5,435,000
Net Revenues from Non-NFL Events
Revenue
$6,000,000 $3,250,000 $9,250,000
Senior & Youth Program Fees Revenue $268,000 $11,000 $279,000 TOTAL SOURCE OF FUNDS $28,559,000 $8,969,000 $37,528,000 USE OF FUNDS:
Stadium Management Fee $269,000 $264,000 $533,000
SBL Sales and Service Expense $3,348,000 $163,000 $3,511,000 Senior & Youth Fees (Paid to City) $268,000 $11,000 $279,000 Performance Rent (Paid to City) $9,825,000 $1,625,000 $11,450,000 Utilities $1,488,000 $223,000 $1,711,000
Use of StadCo TI $151,000 $21,000 $172,000
PSC Over Threshold $0 $2,312,000 $2,312,000
PSC 2024 Outstanding Balance $6,473,000 $3,014,000 $9,487,000 Transfer Out - Transfer to City General
Fund from Excess Revenues
$3,073,000 $3,093,000 $6,166,000
Ending Fund Balance - Discretionary
Reserve
$2,789,323 ($2,312,000) $477,323
Ending Fund Balance -
Renovation/Demolition Reserve
$37,548,576 $6,224,000 $43,772,576
Ending Fund Balance - Stadium Funding
Trust Reserve
$4,183,645 $1,567,000 $5,750,645
Ending Fund Balance - Unrestricted $13,912,112 ($7,236,000) $6,676,112 TOTAL USE OF FUNDS $83,328,656 $8,969,000 $92,297,656
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Description Current Increase/
Decrease
Revised
SOURCE OF FUNDS:
NFL Ticket Surcharge Revenue $13,700,000 $895,000 $14,595,000 SBL Proceeds Revenue $5,057,000 $2,912,000 $7,969,000
Interest Revenue $3,534,000 $1,901,000 $5,435,000
Net Revenues from Non-NFL Events
Revenue
$6,000,000 $3,250,000 $9,250,000
Senior & Youth Program Fees Revenue $268,000 $11,000 $279,000 TOTAL SOURCE OF FUNDS $28,559,000 $8,969,000 $37,528,000 USE OF FUNDS:
Stadium Management Fee $269,000 $264,000 $533,000
SBL Sales and Service Expense $3,348,000 $163,000 $3,511,000 Senior & Youth Fees (Paid to City) $268,000 $11,000 $279,000 Performance Rent (Paid to City) $9,825,000 $1,625,000 $11,450,000 Utilities $1,488,000 $223,000 $1,711,000
Use of StadCo TI $151,000 $21,000 $172,000
PSC Over Threshold $0 $2,312,000 $2,312,000
PSC 2024 Outstanding Balance $6,473,000 $3,014,000 $9,487,000 Transfer Out - Transfer to City General
Fund from Excess Revenues
$3,073,000 $3,093,000 $6,166,000
Ending Fund Balance - Discretionary
Reserve
$2,789,323 ($2,312,000) $477,323
Ending Fund Balance -
Renovation/Demolition Reserve
$37,548,576 $6,224,000 $43,772,576
Ending Fund Balance - Stadium Funding
Trust Reserve
$4,183,645 $1,567,000 $5,750,645
Ending Fund Balance - Unrestricted $13,912,112 ($7,236,000) $6,676,112 TOTAL USE OF FUNDS $83,328,656 $8,969,000 $92,297,656
Debt Service Budget
Description Current Increase/
Decrease
Revised
SOURCE OF FUNDS:
Contribution from CFD Revenue $2,782,000 $675,000 $3,457,000 USE OF FUNDS:
CFD Advance Expense $2,754,000 $675,000 $3,429,000
Capital Budget
Description Current Increase/
Decrease
Revised
USE OF FUNDS:
Equipment - Kawasaki ATV (2021/22
Carryover)
$0 $11,000 $11,000
Equipment - Kawasaki ATV (2021/22
Carryover)
$0 $10,000 $10,000
Construction - Stadium Event Power
Upgrades & Switchgear Electrical
(2019/20 Carryover)
$0 $30,000 $30,000
Equipment - Kawasaki ATV (2023/24
Carryover)
$139,125 $14,000 $153,125
Ending Fund Balance $1,393,109 ($65,000) $1,328,109
TOTAL USE OF FUNDS $1,532,234 $0 $1,532,234
COORDINATION
This report was coordinated with the Stadium Manager per section 4.6 of the Management Agreement as well as the Stadium Authority Counsel’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and City of Santa Clara Printed on 3/21/2025Page 9 of 10
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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. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending December 31, 2024; and
2. Approve the FY 2024/25 Budget Amendments in the Operating Budget in the amount of $8,969,000 to reflect increases in projected revenues and expenses; amendments to the Debt Service Budget in the amount of $675,000 to reflect an increase in projected CFD collections and resulting CFD debt service payments; and amendments to the Capital Budget to increase expenses in the amount of $65,000 offset by a reduction in Ending Fund Balance.
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. SCSA Financial Status Report for the Quarter Ending December 31, 2024 City of Santa Clara Printed on 3/21/2025Page 10 of 10
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SCSA
Santa Clara Stadium Authority
SANTA CLARA
STADIUM AUTHORITY
FINANCIAL STATUS REPORT
Quarter Ending December 31, 2024
March 25, 2025
1 Table of Contents
Introduction ................................................................................................................................... 2 NFL Events ................................................................................................................................... 3 Non-NFL Events ........................................................................................................................... 6 Discretionary Fund ...................................................................................................................... 11 Stadium Builder Licenses ........................................................................................................... 11 Santa Clara Stadium Authority Budget Status Reports .............................................................. 14 Operating Budget .................................................................................................................... 14 Operating Budget – Recommended Budget Adjustments ....................................................... 16 Debt Service Budget ............................................................................................................... 22 Debt Service Budget – Recommended Budget Adjustments .................................................. 25 Capital Improvement Project Budget ....................................................................................... 26 CIP Budget – Recommended Budget Adjustments ................................................................ 28 City of Santa Clara Net General Fund Impact ............................................................................ 30 Public Safety and Administrative Cost Reimbursement .......................................................... 30 Rents and Senior and Youth Fee ............................................................................................ 31 Other Revenue Impacts .......................................................................................................... 31 Glossary ...................................................................................................................................... 32 Appendix ..................................................................................................................................... 37 2 Introduction
This Santa Clara Stadium Au thority (“Stadium Authorit y”) Financial Status Report provides information covering the second quar ter of the Stadium Authority’s 2024/25 fiscal year (“FY”) which ended on December 31, 2024. Comparative data from prior fiscal years is also included.
In addition to these quarterl y reports, the Stadium Author ity produces annual financial statements. The FY 2023/24 financial statements were audited by an external audit firm and presented to the Stadium Authority’ s Audit Committee (Audit Committee) on September 3, 2024 and September 17, 2024 and approved by the St adium Authority Board (Board) on September 24, 2024. The fi nancial statements are published on the Stadium Authority’s website.
The Stadium Authority also pr epares a detailed b udget prior to the beginning of each fiscal year. The FY 2024/25 budget was adopted by the Board on March 12, 2024.
Stadium Authority finances are 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, including administrative and public safety, to the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) or the Stadium Authority are fully reimbursed by the Stadium Manager or with Stadium Authority funds.
Methodology
Information provided in this report was based in part on documentation submitted by the Stadium Manager. Specifically, National Football League (NFL) and Non-NFL event statistics and financial information relati ng to the Stadium Manager expenses are provided by the Stadium Manager. Stadium Authority staff has access to select financial information submitted by the Stadium Manager provided through the Stadium Authority’s Financial Management System and event reports received for Non-NFL events. These reports are received 45 days after each ev ent for events with attendance greater than 25,000. More detailed documents are received within 90 days after the close of the quarter.
For all other financial information, a full detailed review and/ or audit of source documentation has not been completed by the Stadium Authority for this report.
The information provided reflects the best known and available at the time of the writing of this report and is subject to further revision and review. Revisions may occur based on the timing of revenue and expenditure activity for events in this quarter that continue beyond the timing of this report. Consequently, the Board’s notation and filing of this report should not be considered an approval of the accuracy of the information in the report. 3 NFL Events
This section provides year to date and com parative data for NFL games categorized as pre-season and regular season games.
The San Francisco Forty-Niners (“49ers”) pl ayed a total of ten NFL games (one pre- season game and nine regular season games) at Levi’s® Stadium through quarter ending December 31, 2024. There was a total of 696, 456 tickets sold to these NFL games, an average of 69,646 per game. This is up by 1,040 or 2% when compared to the same period in the prior fiscal year. The ticket sa les resulted in $14.6 million in NFL ticket surcharge revenue (10% of ticket sales) to the Stadium Authority. The average NFL ticket surcharge revenue was $1.5 million per game in the current year which is up by $179,000 or 14% from the same period in the prior fiscal year. A total of $279,000 of Senior and Youth Program Fees, which is based on $0.40 per NFL ticket sold, were collected through the end of the third quarter of the fiscal year. These fees were transferred to the City’s General Fund in support of such programs.
A total of 81,358 cars were parked in th e permitted offsite parking lots generating $546,000 in offsite parking fees derived from the $6.71 per parking space for all NFL events. The revenues earned from this offsite parking fee supports public safety costs for NFL events.
The Tasman lot parking had a total of 1,778 parked cars and generated an additional $9,000 for the General Fund through the end of the third quarter of the fiscal year. The overall number of cars parked in the permitted offsite lots and the Tasman lots increased by an average of 717 cars per game or 9% when compared to the prior fiscal year.
There was $5.4 million of NFL event public sa fety costs in the cu rrent reporting period which is an average of $539,000 per game. This is an increase of $50,000 from the prior year average (through December 31, 2024) of $489,000. Of th e $5.4 million NFL event public safety costs, $4.1 million or 75% are direct City costs, $1.1 million or 20% are outside agency costs and $267,000 or 5% are other public safety costs. $546,000 of the total NFL event public safety costs are cove red by the offsite parking fees that were collected and the remaining are invoiced to the Stadium Manager.
Statistics for the NFL games held at Levi’s
® Stadium in the first three quarters of the
2024/25 fiscal year are shown in Table 1 and comparative data from the last five years of operations can be found in Table 2. Additi onal historical data can be found in the Appendix.
4 Table 1
Game 1 vs
Saints
Game 2 vs
Jets
Game 3 vs
Patriots
Game 4 vs
Cardinals
Game 5 vs
Chiefs
Game 6 vs
Cowboys
Game 7 vs
Seahawks
Game 8 vs
Bears
Game 9 vs
Rams
Game 10 vs
Lions 2024/25
08/18/24 09/09/24 09/29/24 10/06/24 10/20/24 10/27/24 11/17/24 12/08/24 12/12/24 12/30/24 YTD Total No. of Tickets Sold 69,373 69,598 69,347 69,547 69,599 69,832 69,816 69,930 69,535 69,879 696,456 NFL Ticket Surcharge 636,619 $ 1,214,920$ 1,182,609 $ 1,172,188 $ 2,065,105 $ 2,762,950 $ 1,192,395 $ 1,198,714 $ 1,169,498 $ 2,001,338 $ 14,596,336$ Senior/Youth Program Fees 27,749 $ 27,839 $ 27,739 $ 27,819 $ 27,840 $ 27,933 $ 27,926 $ 27,972 $ 27,814 $ 27,952 $ 278,582$ Cars Parked at Offsite Lots 7,859 7,527 8,263 8,574 8,996 9,119 8,635 8,510 6,814 7,061 81,358 City Offsite Parking Fee 52,734 $ 50,506 $ 55,445 $ 57,532 $ 60,363 $ 61,188 $ 57,941 $ 57,102 $ 45,722 $ 47,379 $ 545,912$ Cars Parked on Tasman Lots - 199 - - 302 - 325 304 370 278 1,778 City Tasman Lot Parking Fee - $ 995$ - $ - $ 1,510$ - $ 1,625$ 1,520 $ 1,850 $ 1,390 $ 8,890$ Stadium Public Safety Costs 501,367 $ 546,521 $ 523,269 $ 525,144 $ 549,452 $ 570,248 $ 558,213 $ 550,410 $ 531,923 $ 537,595 $ 5,394,140$ Less: Offsite Parking Fee Credit (52,734) $ (50,506) $ (55,445) $ (57,532) $ (60,363) $ (61,188) $ (57,941) $ (57,102) $ (45,722) $ (47,379) $ (545,912)$ Reimbursable Stadium Public Safety Costs 448,633$ 496,015 $ 467,824 $ 467,612 $ 489,089 $ 509,060 $ 500,272 $ 493,307 $ 486,201 $ 490,215 $ 4,848,228$ Amount Reimbursed 448,184 $ 495,867 $ 446,747 $ 439,222 $ 474,065 $ 412,289 $ 414,120 $ - $ - $ - $ 3,130,494$ Levi's® Stadium
2024/25 NFL Event Statistics
As of December 31, 2024
5 Table 2
2020/21 Q3 2021/22 Q3 2022/23 Q3 2023/24 Q3 2024/25 Q3
Total Total Total Total Total
No. of NFL Events - 9 9 9 10 No. of Tickets Sold - 604,546 624,746 617,452 696,456 NFL Ticket Surcharge - $ 8,900,398$ 10,382,333 $ 11,523,355 $ 14,596,336 $ Senior/Youth Program Fees - $ 211,591$ 218,661 $ 216,108 $ 278,582 $ Cars Parked at Offsite Lots - 63,718 66,868 68,371 81,358 City Offsite Parking Fee - $ 376,573$ 409,901 $ 440,309 $ 545,912 $ Cars Parked on Tasman Lots - 3,930 - - 1,778 Cars Parked on Golf Course - - - - - City Tasman Lot and Golf Course Parking Fee - $ 19,650$ - $ - $ 8,890$ Stadium Public Safety Costs - $ 4,534,124$ 4,037,765 $ 4,400,657 $ 5,394,140 $ Golf Course Public Safety Costs - $ - $ - $ - $ - $ Subtotal Event Public Safety Costs - $ 4,534,124$ 4,037,765 $ 4,400,657 $ 5,394,140 $ Less: Offsite Parking Fee Credit - $ (376,573)$ (409,901) $ (440,309) $ (545,912) $ Reimbursable Stadium Public Safety Costs - $ 4,157,551$ 3,627,864 $ 3,960,348 $ 4,848,228 $ Levi's® Stadium
Historical NFL Event Statistics
6 Non-NFL Events
This section provides year to date and comparative data for Non-NFL events categorized as events ranging from high school and colle ge football games, international soccer matches, concerts, wedding fairs, and special events. During the current reporting period, there were a total of 348,480 tickets sold for the eight ticketed Non-NFL events that were held, resulting in $1.4 million Non-NFL ev ent ticket surcharge revenue (from the $4 per ticket Non-NFL event surcharge). This is a decrease in ticket surcharge revenue of $198,000 or 12.4% over the same period in the prior year. Smaller scale Non-NFL events were held in the current period when compared to the same period in the prior year resulting in the decrease in the ticket surcharge revenue.
Stadium Manager reports that th ere were also 51 smaller special events held at Levi’s ®
Stadium which is 14 events more than the sa me period of the prior fiscal year. The attendance at these events also increased from 18,433 in the prior period to 22,926 in the current year, an 24% increase. Examples of these special event s include corporate events of various sizes, weddings, holiday parties, high school dances, etc.
In correlation with the Non-NFL events held during the current repo rting period, there were 37,341 cars parked at offsite lots and the City earned a total of $246,000 in related offsite parking fees, which is derived from the $6.44 per parking space fee for events taking place prior to July 2024 and $6.71 per parking space for all events thereafter. The revenues earned from this offsite parking fee supports public safety costs for Non-NFL events.
Total Non-NFL event public safety costs were $3.1 million, a decrease of $236,000 from the prior year. As noted previously, this decrease in cost is due to smaller scale events being held in the current year when compared to the prior year. Of t hese costs, $246,000 was covered by the offsite parking fee. The remaining $2.8 million was invoiced to the Stadium Manager and has been reimbursed to the City.
Statistics for FY 2024/25 events are shown in Table 3 and comparative data from the last five years of operations are shown in Table 4. Additional historical data can be found in the Appendix.
7 Table 3
Earthquakes vs
LAFC Soccer
Luke Combs
Day 1
Luke Combs
Day 2
Ecuador vs
Venezuela
Soccer
Brazil vs
Colombia
Soccer
Rolling Stones
Concert
Chelsea vs
Wrexham
Soccer
Earthquakes vs
Chivas Soccer 2024/25 YTD
05/04/24 05/17/24 05/18/24 06/22/24 07/02/24 07/17/24 07/24/24 07/27/24 Total No. of Scanned Attendees 31,615 42,362 45,277 23,846 64,235 42,706 29,229 42,423 321,693 No. of Tickets Sold 37,054 48,130 48,826 26,254 65,766 47,405 29,609 45,436 348,480 Non-NFL Ticket Surcharge 148,216 $ 192,520 $ 195,304 $ 105,016 $ 263,064 $ 189,620 $ 118,436 $ 181,744 $ 1,393,920$ No. of Non-NFL Special Events 51 51 Non-NFL Special Event Attendees 22,926 22,926 Cars Parked at Offsite Lots 2,422 3,937 4,930 3,759 6,284 5,287 4,485 6,237 37,341 City Offsite Parking Fee 15,598 $ 25,354 $ 31,749 $ 24,208 $ 42,166 $ 35,476 $ 30,094 $ 41,850 $ - $ 246,495$ Stadium Public Safety Costs 340,266 $ 383,687 $ 437,552 $ 326,553 $ 428,291 $ 390,172 $ 334,325 $ 416,782 $ - $ 3,057,627$ Less: Offsite Parking Fee Credit (15,598)$ (25,354) $ (31,749) $ (24,208) $ (42,166) $ (35,476) $ (30,094) $ (41,850) $ - $ (246,495)$ Reimbursable Public Safety Costs 324,669$ 358,332 $ 405,803 $ 302,346 $ 386,125 $ 354,696 $ 304,230 $ 374,931 $ - $ 2,811,132$ Amount Reimbursed 324,669 $ 358,332 $ 405,803 $ 302,346 $ 386,125 $ 354,696 $ 304,088 $ 374,653 $ - $ 2,810,712$ 2024/25 YTD
Special Events
FY 2024/25 Non-NFL Event Statistics
As of December 31, 2024
Levi's® Stadium
8 Table 4
Table 5 summarizes ticketed Non-NFL revenues and expenditures by event. There were 8 ticketed Non-NFL events held in FY 2024/25 and generated an average net revenue of $1.1 million per event. The inclusion of this in formation is to provide a greater level of transparency and provide the overall financial results of the Non-NFL events.
Table 5
2020/21 Q3 2021/22 Q3 2022/23 Q3 2023/24 Q3 2024/25 Q3
Total Total Total Total Total
No. of Non-NFL Ticketed Events - - 7 8 8 No. of Tickets Sold - - 240,364 397,940 348,480 Non-NFL Ticket Surcharge - $ - $ 961,456$ 1,591,760$ 1,393,920 $ No. of Non-NFL Special Events - 1 56 37 51 Non-NFL Special Event Attendees - - 22,410 18,433 22,926 Cars Parked at Offsite Lots - - 35,302 38,716 37,341 City Offsite Parking Fee - $ - $ 215,155$ 247,937 $ 246,495 $ Stadium Public Safety Costs - $ 1,827$ $2,529,464 3,293,398 $ 3,057,627 $ Less: Offsite Parking Fee Credit - $ - $ (215,155)$ (247,937) $ (246,495) $ Reimbursable Public Safety Costs - $ 1,827$ 2,314,309$ 3,045,461 $ 2,811,132 $ Levi's® Stadium
Historical Non-NFL Event Statistics
$ In Millions
Ticketed Event Revenue Expense Net
Sporting Event 1 2.9 $ 0.9 $ 2.0 $ Concert 1 2.7 0.9 1.8 Concert 2 2.4 0.8 1.6 Concert 3 2.2 0.8 1.4 Sporting Event 2 1.1 0.6 0.5 Sporting Event 3 1.0 0.6 0.4 Sporting Event 4 0.8 0.5 0.3 Sporting Event 5 0.7 0.4 0.3 Total Ticketed Non-NFL Net Revenue to Date 13.8 $ 5.5 $ 8.3 $ Levi's® Stadium
Ticketed Non-NFL Events Revenue and Expenditure Summary As of December 31, 2024
9 Table 6 and 7 show Non-NFL net revenue by event type and event revenue and expenses by category. In the third quarter of FY 2024/25, ticketed events and non-ticketed special events contributed $8.3 million and $2.1 million in net revenues, respectively. There was also additional interest income of $1.3 million earned on Non-NFL events cash reserves offset by $1.6 million of non-event specific other expenses. Stadi um Manager reported a net revenue of $10.1 million for the current reporting per iod. The Stadium Manager’s current projection for Non-NFL net revenue for FY 2024/25 is $9.3 million as cited in the documents provided for the FY 2025/26 Proposed Stadium Authority Budget. As indicated by the Stadium Manag er, the reason the year-end projection is lower than the Q3 Non-NFL net revenue is du e to additional anticipated event costs including public safety costs, and compensatio n and commissions for event staff and supporting staff members.
Table 6
EVENT TYPE
No. of
Events
Net
Revenue
No. of
Events
Net
Revenue
No. of
Events
Net
Revenue
No. of
Events Net Revenue
No. of
Events Net Revenue
Ticketed Events
Concerts 0 - $ 0 - $ 6 $6,131,747 5 $ 5,600,578 3 $ 4,685,031 Sporting events:
Football (non-NFL) 0 - 0 - 0 - 0 - 0 - Soccer 0 - 0 - 1 451,890 3 305,067 5 3,639,745 Miscellaneous events 0 - 0 - 0 - 0 - 0 - Net Revenue from Ticketed Events 0- $ 0 - $ 7 6,583,637$ 8 5,905,645 $ 8 8,324,776 $ Subtotal Ticketed Events - Other Expenses (3) $ - -$ - $ - $ - $ 0- $ 6 96,187 $ 56 1,998,619 $ 37 1,191,841 $ 51 2,086,969 $ Other Operating Income
(1)
-$ - $ 63,987 $ 1,712,309 $ 1,328,627 $ Other Operating Expenses(2)
-$ - $ (495,578) $ (1,057,378) $ (1,632,901) $ Total Non-NFL Net Revenue (3)
0- $ 6 96,187 $ 63 8,150,665 $ 45 7,752,417 $ 59 10,107,471 $ 2023/242020/21
Levi's Stadium
Net Revenue for Non-NFL Events
2024/25
by Event Type
Historical Year-to-Date through December 31, 2024
2021/22 2022/23
Net Revenue from Special Events (weddings,
corporate events, etc.)
(1) Other Operating Income are income not attributable to a specific event. Examples are interest income and reimbursements unrelated to a specific event. (2) Other Operating Expenses are expenses not attributable to a specific event. Examples are event selling expenses, administrative expenses and miscellaneous costs. (3) Net Revenue from Non-NFL Events does not include Non-NFL Event Ticket Surcharge. 10 Table 7
2024/25
YTD Total
REVENUE:
Special Event Revenue 5,716,301 $
Ticket Platform Fees 6,064,397
Suite Ticket Revenue 907,112
Parking 2,384,549
Food & Beverage - Ticketed Events 3,673,837
Food & Beverage - Special Events 691,130
Miscellaneous
(1)
2,145,851
Total Revenue 21,583,177 $
EXPENSE:
Public Safety/Security 4,790,078 $
Event Staff 2,739,545
Parking 2,352,989
Catering - Special Events 3,098,553
General Event Related Expenses 4,954,609
Expense Reimbursement from Event Licensee(2)
(8,092,970)
Miscellaneous(3)
1,632,902
Total Expense 11,475,706 $
Total Non-NFL Net Revenue 10,107,471 $
(3) Includes catered events department staff costs, non-event specific staff costs, and other expenses.
Levi's® Stadium
Non-NFL Event Results by Category
As of December 31, 2024
(2) Expenses incurred for Non-NFL events can either be the responsibility of the SCSA or the Event Licensee depending on the nature of the expense. This figure represents the total expenses incurred by the SCSA that were the responsibilty of the Event Licensee for which the SCSA has been reimbursed, net of the Event Licensee's share of ancillary revenues. (1) Includes venue rental fees, net merchandise sales, interest income, and other revenues. 11 Discretionary Fund
The Discretionary Fund is funded by revenue equal to $2 of the Base Non-NFL ticket surcharge. The eight ticketed Non-NFL events contributed $697,000 to the Discretionary Fund in the reporting period which has been colle cted for the current fiscal year. This is based on the estimated attendance provided by the Stadium Manager. Table 8 shows the revenues and expenses in the Discretionary Fund for the last five years. Additional historical data can be found in the Appendix. The balance at the end of this reporting period was $3.2 million.
Table 8
Stadium Builder Licenses
The total principal value of currently active Stadium Builder Licens es (“SBLs”) is $561.1 million and, as of Decem ber 31, 2024, 94.6% of the total pr incipal value of all SBLs sold (i.e., $531 million) had been collected. Payment for the sale of SBLs are financed over 10 years.
SBL holders that finance their purchase pay an annual interest rate of 8.5% and payments are due by March 1
st each year. The majority of SBL holders make their payments on time. For those that do not pay on time, SBL service staff, working for Stadium Manager on the Stadium Authority’s behalf, contact the SBL holders and attempt to collect the full amounts owed. Ultimately, a SBL can be def aulted for non-payment. Once a SBL is defaulted, the SBL holder in default loses their right to buy season tickets as well as their priority rights to tickets to Non-NFL events, and forfeits any money they had invested in the SBL. Defaulted SBLs are then available for resale.
When SBL holders do not purchase NFL season tickets, their SBL is not defaulted, however they lose exclusive rights to their seats and their seats ma y be sold to another SBL holder. This results in cases where a seat may have more than one SBL associated with it and why there are currently more active SBLs than there are available SBL seats.
If the original SBL holder decides to purchase season tickets in the future, they can relocate to a new seat in the same or higher price level, s ubject to availability. If the relocation results in a change in price level, they need to pay for the difference between their original SBL and the new one. If they chose not to relocate, they must wait for their seat to be available again before they can purchase NFL season tickets.
There is a total of 66,741 currently active SBLs. This is an increase of 1,748 from the total active SBLs at the end of the prior fiscal year (March 31, 2024). The main reasons for the Fiscal Year
Beginning
Balance Revenue Expenses Ending Balance
2020/21 2,327,850$ - $ 18 $ 2,327,832$ 2021/22 2,327,832 - (18) 2,327,850 2022/23 2,327,850 639,896 1,300,051 1,667,695 2023/24 1,667,695 796,628 - 2,464,323 2024/25 2,464,323 696,960 - 3,161,283 Discretionary Fund Reserve
12 increase are due to sale of new SBLs and cust omer seat relocation program offset by default buy back. The customer seat relocation program allows customers to trade in their SBLs in return for others in a different location as long as the total face value of the new seats is equal to or greater than the original seats.
During the current reporting peri od, 1,275 SBLs were sold for a total face value of $8.4 million. The customer seat re location program resulted in an increase of $1.1 million to the SBL face value, while netting 978 more SBLs. There were also 505 SBL defaulted during the quarter with a face value of $3.4 million.
Additional details regarding currently active SBLs are noted in Table 9. 13 Table 9
SBL Seats
Available
SBL Seats Sold
as of 3/31/24
New SBL
Sales
Net SBL
Relocations
SBL
Defaults Other SBL Seats
Sold SBL Value SBL Collected % SBL Principal
Collected
100 100 - - - - 100 14,082,625$ 13,921,920 $ 98.9% 942 938 2 2 - - 942 75,360,000$ 74,625,639 $ 99.0% 2 2 - - - - 2 80,000$ 79,600 $ 99.5% 4,945 4,670 61 (5) (26) - 4,700 141,000,000$ 134,586,960 $ 95.5% 3,475 3,030 73 3 (22) - 3,084 61,680,000$ 56,863,189 $ 92.2% 90 64 23 - - - 87 1,522,500$ 1,048,833 $ 68.9% 7 7 - - - - 7 105,000$ 105,000 $ 100.0% 2,163 2,198 24 (7) (16) - 2,199 26,388,000$ 24,926,440 $ 94.5% 7 7 - - - - 7 70,000$ 69,915 $ 99.9% 20,656 20,988 233 (15) (134) - 21,072 126,432,000$ 120,375,603 $ 95.2% 14,311 14,533 388 (268) (199) - 14,454 72,270,000$ 65,647,645 $ 90.8% 916 927 - - - - 927 3,708,000$ 3,682,306 $ 99.3% 88 91 - (1) - - 90 270,000$ 267,836 $ 99.2% 36 40 - - - - 40 100,000$ 99,998 $ 100.0% 18,392 17,367 471 1,270 (108) - 19,000 38,000,000$ 34,708,859 $ 91.3% 26 31 - (1) - - 30 30,000$ 30,000 $ 100.0% 66,156 64,993 1,275 978 (505) - 66,741 561,098,125$ 531,039,743 $ 94.6% Plus: Interest on financed SBLs 67,752,847$
Total Principal & Interest 598,792,590$
(1) This table does not include $37.55 million that has been collected life-to-date from defaulted SBL holders.
Total
10,000$
Santa Clara Stadium Authority
Currently Active Stadium Builder License (SBL) Summary (1) Through December 31, 2024
Seat Value
141,392$
80,000$
40,000$
30,000$
20,000$
15,000$
12,000$
6,000$
5,000$
4,000$
3,000$
2,500$
2,000$
1,000$
17,500$
14 Santa Clara Stadium Authority Budget Status Reports
Operating Budget
With 75% of the fiscal year complete, total operating revenues for the third quarter of the 2024/25 fiscal year were $50.1 million repr esenting 80% of the overall budget for revenues. During the current reporting period, the Stadium Authority collected $5.3 million in SBL proceeds or 104% of what was budgeted. All SBL proceeds are to be transferred to the debt service fund per applicable loan agreements. Stadium Authority also recognized $19.9 million in rent from Forty Niners SC Stadium Company, LLC (StadCo), $1.4 million in Non-NFL ticket surcharge, and $458,000 in sponsorship (STR) revenue all of which are expected to meet budget this fiscal year.
Total Operating expenses were $17.9 milli on, or 40% of the annual budget. Shared Stadium Manager expenses were at 74% of the budget, or $10 million of the $13.6 million budgeted amount and SBL Sales and Service expenses were 81% of the budget or $2.7 million. The Stadium Authority pays for all utility costs from February 1 st through July 31st
and the tenant (StadCo) pays for utility costs from August 1st through January 31st (Tenant Season). Therefore, utility co sts are 67% of the budget for the year, or $992,000. The current period covers 67% (four out of the six months) that the Stadium Authority is responsible for utility costs. Lastly, Stadium Authority G&A costs were tracking below budgeted levels at $2.1 million or 50% of the budget which is consistent to the prior year.
Additional details are shown in Table 10.
15 Table 10
Budget to Budget to
Amended(1)
YTD Actual % Final YTD Actual %
Budget Actuals Difference Received Budget Actuals Difference Received Beginning Fund Balance
Discretionary Fund Reserve 2,464,323 $ 2,464,323 $ - $ NA 1,667,695 $ 1,667,695 $ - $ NA Legal Contingency Reserve - Buffet Costs 3,321,116 3,321,116 - NA 2,066,749 2,066,749 - NA Legal Contingency Reserve - Public Safety Costs 7,324,722 7,324,722 - NA 4,246,725 3,401,000 845,725 NA Operating Reserve 26,095,478 26,095,478 - NA 25,335,402 25,348,289 (12,887) NA Renovation/Demolition Reserve 31,440,735 31,440,735 - NA 5,323,390 5,323,390 - NA Stadium Funding Trust Reserve 3,611,041 3,611,041 - NA 3,420,994 3,420,994 - NA Unrestricted 15,915,719 15,915,719 - NA 13,880,278 14,713,116 (832,838) NA Total Beginning Fund Balance 90,173,134 $ 90,173,134 $ - $ NA 55,941,233 $ 55,941,233 $ - $ NA Revenue
NFL Ticket Surcharge 13,700,000 $ 14,594,945 $ (894,945) $ 107% 12,178,000 $ 11,523,355 $ 654,645 $ 95% SBL Proceeds 5,057,000 5,257,360 (200,360) 104% 12,589,000 12,174,685 414,315 97% Interest 3,534,000 4,347,665 (813,665) 123% 1,249,000 3,164,880 (1,915,880) 253% Net Revenues from Non-NFL Events 6,000,000 - 6,000,000 0% 4,500,000 - 4,500,000 0% Naming Rights 7,830,000 3,857,040 3,972,960 49% 7,602,000 3,744,699 3,857,301 49% Sponsorship Revenue (STR) 519,000 458,042 60,958 88% 475,000 407,523 67,477 86% Rent 24,762,000 19,946,500 4,815,500 81% 24,762,000 19,946,500 4,815,500 81% Senior & Youth Program Fees 268,000 278,582 (10,582) 104% 250,000 216,108 33,892 86% Non-NFL Event Ticket Surcharge 1,149,000 1,393,920 (244,920) 121% 1,296,000 1,592,360 (296,360) 123% Other Revenue - - - NA - 70,043 (70,043) NA Total Revenue 62,819,000 $ 50,134,054 $ 12,684,946 $ 80% 64,901,000 $ 52,840,153 $ 12,060,847 $ 81% Total Source of Funds 152,992,134 $ 140,307,188 $ 12,684,946 $ 92% 120,842,233 $ 108,781,386 $ 12,060,847 $ 90% Budget to Budget to
Amended(1)
YTD Actual % Final YTD Actual %
Budget Actuals Difference Used Budget Actuals Difference Used Expenses
Shared Stadium Manager Expenses
Stadium Operations 3,384,000 $ 2,537,962 $ 846,038 $ 75% 4,550,000 $ 3,397,116 $ 1,152,884 $ 75% Engineering 3,935,000 2,951,408 983,592 75% 2,694,000 2,012,044 681,956 75% Guest Services 621,000 465,420 155,580 75% 645,000 482,636 162,364 75% Groundskeeping 316,000 237,366 78,634 75% 650,000 488,944 161,056 75% Security 1,602,000 1,201,249 400,751 75% 1,564,000 1,174,386 389,614 75% Insurance 3,427,000 2,570,239 856,761 75% 3,327,000 2,495,378 831,622 75% Stadium Management Fee 269,000 - 269,000 0% 516,515 255,370 261,145 49% Shared Stadium Mngr Exps Subtotal 13,554,000 $ 9,963,644 $ 3,590,356 $ 74% 13,946,515 $ 10,305,874 $ 3,640,641 $ 74% Other Operating Expenses
SBL Sales and Service 3,348,000 $ 2,727,413 $ 620,587 $ 81% 2,333,000 $ 1,749,936 $ 583,064 $ 75% Senior & Youth Fees (paid to City) 268,000 278,582 (10,582) 104% 250,000 216,108 33,892 86% Ground Rent (paid to City) 1,000,000 1,000,000 - 100% 495,000 495,000 - 100% Performance Rent (paid to City) 9,825,000 - 9,825,000 0% - - - NA Discretionary Fund Expense 250,000 - 250,000 0% 250,000 - 250,000 0% Utilities 1,488,000 991,921 496,079 67% 1,391,000 927,030 463,970 67% Use of StadCo Tenant Improvements 151,000 144,311 6,689 96% 133,000 116,402 16,598 88% Stadium Authority G&A 4,288,000 2,133,982 2,154,018 50% 3,919,900 1,957,998 1,961,902 50% Naming Rights Commission 136,000 96,426 39,574 71% 94,000 93,618 382 100% Other Expenses 748,000 560,832 187,168 75% 734,000 550,191 183,809 75% PSC 2024 Outstanding Balance 6,473,000 - 6,473,000 0% - - - NA 3,073,000 - 3,073,000 0% - - - NA Other Operating Expenses Subtotal 31,048,000 $ 7,933,467 $ 23,114,533 $ 26% 9,599,900 $ 6,106,283 $ 3,493,617 $ 64% Total Expenses 44,602,000 $ 17,897,111 $ 26,704,889 $ 40% 23,546,415 $ 16,412,157 $ 7,134,258 $ 70% Transfers Out
Debt Service 17,471,000 $ 17,429,874 $ 41,126 $ 100% 25,457,000 $ 17,297,708 $ 8,159,292 $ 68% Capital Expenditures Reserve 1,575,000 - 1,575,000 0% 3,915,000 - 3,915,000 0% CapEx Reserve - Levi's Naming Rights 4,032,000 - 4,032,000 0% - - - NA Total Transfers Out 23,078,000 $ 17,429,874 $ 5,648,126 $ 76% 29,372,000 $ 17,297,708 $ 12,074,292 $ 59% Ending Fund Balance
Discretionary Fund Reserve 2,789,323 $ 3,161,283 $ (371,960) $ NA 2,065,695 $ 1,667,695 $ 398,000 $ NA Legal Contingency Reserve - Buffet Costs - - - NA 3,143,749 2,066,749 1,077,000 NA Legal Contingency Reserve - Public Safety Costs - - - NA 6,249,225 3,401,000 2,848,225 NA Operating Reserve 26,878,478 26,095,478 783,000 NA 25,935,402 25,348,289 587,113 NA Renovation/Demolition Reserve 37,548,576 31,440,735 6,107,841 NA 10,828,875 5,323,390 5,505,485 NA Stadium Funding Trust Reserve 4,183,645 14,035,564 (9,851,919) NA 4,655,914 14,598,825 (9,942,911) NA Unrestricted 13,912,112 30,247,143 (16,335,031) NA 15,044,958 22,665,573 (7,620,615) NA Total Ending Fund Balance 85,312,134 $ 104,980,203 $ (19,668,069) $ NA 67,923,818 $ 75,071,521 $ (7,147,703) $ NA Total Use of Funds 152,992,134 $ 140,307,188 $ 12,684,946 $ 92% 120,842,233 $ 108,781,386 $ 12,060,847 $ 90% (1)Adjustments include previously approved budget amendments through January 14, 2025 Transfer to City General Fund from Excess Revenues
Santa Clara Stadium Authority
Operating Budget Status Report
For the Period Ending December 31, 2024 and 2023
Period Ending December 31, 2023Period Ending December 31, 2024 16 Operating Budget – Recommended Budget Adjustments
From time to time, budget adjustments may be necessary to align revenues or expenditures to actual or unexpected activity during the course of a fiscal year, known after the adoption of the Stadium Authority Budget.
On March 12, 2024, the Stadium Authorit y Board adopted the Santa Clara Stadium Authority FY 2024/25 O perating, Debt Service, and Capital Budget. Subsequent budget amendments were also adopted through January 14, 2025. The following budget adjustments are recommended based on FY 2024/25 projected actuals.
1) NFL Ticket Surcharge: The Forty Niner s Football Company, LLC collect a 10% ticket surcharge on the price of admission to all NFL games held at Levi’s ® Stadium on behalf of the Stadium Authorit y. The Stadium Authority received $895,000 more NFL Ticket Surcharge revenue than budgeted due to higher ticket prices and more tickets sold than budgeted. Therefore, a b udget adjustment of $895,000 is needed to reflect the increase in revenue.
2) SBL Proceeds: Cash collected from annual payments from SBL holders on a payment plan and payment from sales on new SBLs and/or SBLs that were defaulted make up SBL proceeds. The Stadium Manager projects $8.0 million of SBL proceeds, $3.0 million more than the current bu dget due to higher re-sale activity than originally projected therefore, a budget amendment of $3.0 million is needed to reflect the increase in revenues.
3) Interest: The Stadium Authority wa s maintaining a higher bank balance than anticipated over the first three quarters of the fiscal year. The Stadium Authority had been holding funds in a legal contingency reserve awaiting the finalization of the 2024 Settlement Agreement. The final e ffective date of t hat agreement was December 28, 2024 and subsequently in January 2025, the funds in the reserve were distributed. Additionally, spending on CapEx projects has been lower than budgeted and bank interest rates were hi gher than projected. The Stadium Authority projects $5.4 million in inte rest revenue, $1.9 million more than budgeted. A budget amendment of $1.9 million is needed to reflect the increase in revenues.
4) Net Revenues from Non-NFL Events: The Stadium Manager is responsible for booking and scheduling all Non-NFL events on behalf of the Stadium Authority.
As required by the Stadium Management Agreement, Stadium Manager is also required to maintain complete and accurate books and records related to the net income from Non-NFL events. The Stadium Manager projects $9.3 million of net revenue from Non-NFL events will be collected, $3.3 million more than the current budget therefore, a budget amendment of $3.3 million is needed to reflect the increase in revenue.
5) Senior and Youth Fee Revenue: Due to the 2024 Settlement Agreement, Senior and Youth Program Fees increased from $0.35 per NFL game ticket sold with a cap of $250,000 to $0.40 per ticket with a $300,000 cap starting in FY 2024/25.
This resulted in collection of additional Senior and Youth Program Fee Revenue. 17 The Stadium Authority has collected $279,000 of Seni or and Youth Program Fees through the end of the NFL season, which is $11,000 higher than budgeted.
A budget adjustment is needed to reflect the increase in the revenue by $11,000 which in turn is paid to the City’s General Fund (see #8 below).
6) Stadium Management F ee: The Management Perfor mance fee owed to the Stadium Manager is outlin ed in the Stadium M anagement Agreement. The Stadium Manager receives an annual base management fee that is split 50/50 between StadCo and the Stadium Authority since the Stadium Manager manages the stadium year-round for both entities. In addition to the base management fee of $269,000 for FY 2024/25 the Stadium Manager also receives a stadium marketing and booking fee based on a tier ed percentage of the net Non-NFL events revenue that exceed the Marketing and Booking Fee Benchmark. Based on projected net Non-NFL Event revenue of $9.3 million fo r FY2024/25, the Stadium Manager is expected to earn an additional $264,000 stadium marketing and booking fee. Therefore, a budget amendment of $264, 000 is needed to reflect the increased management fee that is projected to be owed to the Stadium Manager.
7) SBL Sales and Service (SBL): The Stadi um Manager provides sales and service to SBL holders on behalf of Stadium Auth ority. Based on projected actuals for FY2024/25 SBL Sales and Service for bonus and commissions expenses are projected to be higher t han budgeted due the SBL Sales team exceeding their target sales. A budget adjustment is needed to reflect the increase in SBL Sales and Service of $163,000.
8) Senior and Youth Program Fees (paid to the City): Due to the 2024 Settlement Agreement, Senior and Youth Program Fees increased from $0.35 per NFL game ticket with a cap of $250,000 to $0.40 per ticket with a $300,000 cap starting in FY 2024/25 resulting in collection of additional Senior and Youth Program Fees.
The Stadium Authority has collected $279,000 of Seni or and Youth Program Fees through the end of the NFL season, which is $11,000 higher than budgeted (see #5 above). A budget adjustment is needed to reflect the increase in the payment to the City’s’ General Fund by $11,000.
9) Performance Rent: The Performance-Bas ed rent owed to the City is described in the Ground Lease and the Amended and Restat ed Stadium Lease. As outlined in the agreements, the City can receive Performance-Based rent for each Lease Year equal to 50% of net revenue from Non-NFL events less the sum of the Performance-Based Rent Credits. Perf ormance-Based Rent was budgeted at $9.8 million related to: (1) FY 2022/23 of $4.2 million, (2) FY 2023/24 of $3.1 million and (3) FY 2024/25 of $2.5 m illion (budget). FY 2024 /25 net Non-NFL event net revenue is projected to be higher than budgeted resulting in an increase to Performance-Based rent owed to the City of $1.6 million. Therefore, a budget amendment of $1.6 million is needed to reflect this increase.
10) Utilities: Utility costs were higher than anticipated largely due unanticipated rate increase that was not factored into projections. A budget adjustment of 223,000 18 is needed to reflect the increase in Utility expenses.
11) Use of StadCo Tenant Improvements: The Stadium Authority is charged fees for the use of StadCo assets during Non- NFL events. Use of StadCo Tenant Improvements is projected to be higher than anticipat ed by $21,000 due to the increased Non-NFL Event activity. A budget adjustment is needed to reflect the increase in Use of StadCo Tenant Improvements of $21,000.
12) Public Safety Cost (PSC) Over Threshold: Due to the 2024 Settlement Agreement, the public safety cost threshold in FY 2024/25 will equal $360,000 per game. Based on projected actual NFL public safety costs it is estimated that the public safety costs over the thre shold will be $2,312,000 which will be paid with the discretionary fund so that there are no impacts to the Performance Based Rent paid to the City. A budget adjustment is needed to reflect the payment of PSC over threshold of $2,312,000.
13) PSC 2024 Outstanding Balance: As part of the 2024 Settlement Agreement, public safety costs over the threshol d for FY 2017/18 to FY 2023/24 amounting to approximately $14.8 million were r edefined as “PSC 2024 Outstanding Balance.” The budgeted amount of $6.5 million for FY 2024/25 included $3.3 million from the prior Legal Contingency reserve and $3.2 million from excess revenues. Based on projected revenues and expenses, it is anticipated that an additional $3.0 million of excess revenues will be available to pay down the PSC 2024 Outstanding Balance. Therefore, a budget adjustment of $3.0 million is needed to reflect the additional payment of PSC 2024 Outstanding Balance.
14) Transfer to City General Fund from Excess Revenues: Under the 2024 Settlement Agreement the terms of the Stadium Lease has been amended, restructuring the distribution of excess revenues originally to be deposited to the Renovation/Demolition Reserve to instead allocate 25% to the City’s General Fund. The transfer of $3.1 million in excess revenues to the City’s General Fund is budgeted for FY2024/25. Based on projected actuals, $6.2 million is expected to be transferred to the City’s General Fund. Therefore, a budget amendment of $3.1 million is needed to reflect the increased payment.
15) Ending Fund Balance – Di scretionary Reserve: Due to the 2024 Settlement Agreement, the public safety cost threshold in FY 2024/25 will equal $360,000 per game. Based on projected actual NFL public safety costs it is estimated that the public safety costs over the thre shold will be $2,312,000 which will be paid with the discretionary fund so that there are no impacts to the Performance Based Rent paid to the City. A budget adjustment is needed to reflect the payment of PSC over threshold of $2,312,000 from the discretionary reserve.
16) Ending Fund Balance – Renovation/De molition Reserve: Due to the 2024 Settlement Agreement, excess revenues that would fund the renovation/ demolition reserve will now receive 50% of the remaining revenues. Of the remaining 50%, half will go toward paying off the PSC 2024 Outstanding Balance, and the other half will be distributed to th e City’s General Fund. Based on 19 anticipated excess revenues, the Ending Fund Balance – Renovation/ Demolition Reserve is expected to be $43.8 million, an increase of $6.2 million from budget.
Therefore, a budget amendment of $6.2 million is needed to reflect the increase in the Ending Fund Balance Renovation/Demolition Reserve.
17) Ending Fund Balance – Stadium Funding Trust Reserve: The Stadium Funding Trust Reserve is required to have sufficient funds to cover the stadium’s operating and maintenance expenses for the first three months of the following fiscal year.
Based on projected expenses for the first three months of FY 2025/26 the Ending Fund Balance – Stadium Funding Trust Re serve is anticipated to increase by $1.6 million therefore, a $1.6 million budget amendment is needed to reflect the increase in the reserve.
18) Ending Fund Balance - Unrestricted: The Ending Fund Balance – Unrestricted is anticipated to decrease by $7.2 million due to the actions taken above. A budget amendment of $7.2 million is needed to reflect the decrease in the Ending Fund Balance – Unrestricted.
Additional details are shown in Table 11.
Table 11
Santa Clara Stadium Authority
2024/25 Operating Budget Adjustment
Item
#
Line Item Source of
Funds
Use of
Funds
Explanation
1 NFL Ticket Surcharge $895,000 This action increases the Operating Budget for NFL
Ticket Surcharge
Revenue due to higher
ticket sales than
projected.
2 SBL Proceeds $2,912,000 This action increases the
Operating Budget for SBL
Proceeds due to higher
SBL resale activity than
anticipated.
3 Interest $1,901,000 This action increases the
Operating Budget for
Interest Revenue due to
higher bank balances and
interest rates than
expected.
4 Net Revenues from Non-
NFL Events
$3,250,000 This action increases the
Operating Budget for Net
Revenues from Non-NFL
Events because of
greater Non-NFL Event
activity than budgeted by
20 the Stadium Manager.
5 Senior and Youth Fees $11,000 This action increases the Operating Budget for the
Senior and Youth
Program Fees due to the
fee increase from $0.35
to $0.40 per ticket per the
2024 Settlement
Agreement.
6 Stadium Management Fee $264,000 This action increases the Operating Budget for the
Stadium Management
Fee because net non-
NFL event revenue is
anticipated to be higher
than budgeted resulting in
an additional marketing
and booking fee owed to
Stadium Manager.
7 SBL Sales and Service $163,000 This action increases the Operating Budget for SBL
Sales and Service. SBL
Sales and Service are
anticipated to be higher
than budget due to
increased SBL resale
activity resulting in higher
bonuses and
commissions.
8 Senior and Youth Fees
(paid to the City)
$11,000 This action increases the
Operating Budget for the
Senior and Youth
Program Fees due to the
fee increase from $0.35
to $0.40 per ticket per the
2024 Settlement
Agreement.
9 Performance Rent (paid to
the City)
$1,625,000 This action increases the
Operating Budget for
Performance Rent due to
higher projected net Non-
NFL Event Revenues
than budgeted.
10 Utilities $223,000 This action increases the
Operating Budget for
Utilities by $223,000 due
to rate increases that
were not factored into
budget.
11 Use of StadCo Tenant
Improvements
$21,000 This action increases the
Operating Budget for the
Use of StadCo Tenant
21 Improvements. Higher
than expected non-NFL
event activity resulted in
the use of more StadCo
Tenant Improvements.
12 PSC Over Threshold $2,312,000 This action increases the Operating Budget for
PSC Over Threshold
estimated for FY 2024/25.
13 PSC 2024 Outstanding
Balance
$3,014,000 This action increases the
Operating Budget for
PSC 2024 Outstanding
Balance from anticipated
additional excess
revenues.
14 Transfer to City General
Fund from Excess
Revenues
$3,093,000 This action increases the
Operating Budget for the
Transfer to City General
Fund from anticipated
excess revenues.
15 Ending Fund Balance -
Discretionary Reserve
$(2,312,000) This action decreases the
Discretionary Fund
Reserve resulting from
anticipated payment for
PSC Over Threshold
related to the 2024
Settlement Agreement.
16 Ending Fund Balance –
Reno/Demo Reserve
$6,224,000 This action increases the
Reno/Demo Reserve
balance from anticipated
excess revenues.
17 Ending Fund Balance –
Stadium Funding Trust
Reserve
$1,567,000 This action increases the
Stadium Funding Trust
Reserve due to the
requirement to fund the
reserve to cover the first
three months of O&M
expenses in the following
Fiscal Year.
18 Ending Fund Balance –
Unrestricted
($7,236,000) This action decreases the
Unrestricted Ending Fund
Balance to offset all of the
actions taken above.
Total $8,969,000 $8,969,000
22 Debt Service Budget
The Stadium Authority’s FY 2024/25 debt service revenue budget of $2.8 million represents anticipated contribut ions from the Community Fa cilities District (CFD). The CFD levies and collects a special hotel tax on hotel rooms within the CFD. All collections from the special CFD hotel ta xes are contributed to Stadium Authority to pay down the CFD Advance. The CFD Advance is payabl e solely from amounts received by the Stadium Authority from the CFD. During the first three quarters, $2.5 million was contributed by the CFD, or 88% of the annual budget and was used to pay down the CFD Advance.
Total Stadium Authority debt service expenses for the curr ent reporting period were $17.1 million, or 87% of the budgeted amount. The debt se rvice expenses for the CFD Advance and the Term A Loan were $2.6 million and $14.5 million, respectively.
As of December 31, 2024, t he total outstanding amount of Stadium Authority debt had declined to $220 million. This is a reduction in principal of $8.7 million from the March 31, 2024 outstanding debt amount of $228.7 million.
Additional details are shown in Tables 12 and 13 and Chart 1.
23 Table 12
Budget to Budget to
Adopted Amended(1)
YTD Actual % Final YTD Actual %
Budget Budget Actuals Difference Received Budget Actuals Difference Received Beginning Fund Balance
Required Debt Service Reserve 11,536,235$ 11,536,235 $ 11,536,235 $ - $ NA 11,536,235 $ 11,536,235 $ - $ NA Debt Service Reserve 7,996,801 8,122,980 8,122,980 - NA 15,663,801 15,663,801 $ - NA Total Beginning Fund Balance 19,533,036$ 19,659,215 $ 19,659,215 $ - $ NA 27,200,036 $ 27,200,036 $ - $ NA Revenue
Contribution from CFD 2,782,000 $ 2,782,000 $ 2,454,522 $ 327,478 $ 88% 3,217,000 $ 2,627,897 $ 589,103 $ 82% Total Revenues 2,782,000 $ 2,782,000 $ 2,454,522 $ 327,478 $ 88% 3,217,000 $ 2,627,897 $ 589,103 $ 82% Transfers In
Transfers In from Operating 17,471,000$ 17,471,000 $ 17,429,874 $ 41,126 $ 100% 25,457,000 $ 17,297,708 $ 8,159,292 $ 68% Total Transfers In 17,471,000 $ 17,471,000 $ 17,429,874 $ 41,126 $ 100% 25,457,000 $ 17,297,708 $ 8,159,292 $ 68% Total Source of Funds 39,786,036 $ 39,912,215 $ 39,543,611 $ 368,604 $ 99% 55,874,036 $ 47,125,641 $ 8,748,395 $ 84% Budget to Budget to
Adopted Amended(1)
YTD Actual Final YTD Actual
Budget Budget Actuals Difference % Used Budget Actuals Difference % Used Expenses
CFD Advance 2,754,000 $ 2,754,000 $ 2,570,174 $ 183,826 $ 93% 2,900,000 $ 2,092,967 $ 807,033 $ 72% Term A Loan 16,933,000 16,933,000 14,524,510 2,408,490 86% 25,457,000 22,957,359 $ 2,499,641 90% Total Expenses 19,687,000 $ 19,687,000 $ 17,094,683 $ 2,592,317 $ 87% 28,357,000 $ 25,050,326 $ 3,306,674 $ 88% Transfers Out
Transfers Out to Operating Fund - $ - $ - $ - $ NA - $ - $ - $ NA Total Transfers Out - $ - $ - $ - $ NA - $ - $ - $ NA Ending Fund Balance
Required Debt Service Reserve 11,536,235$ 11,536,235 $ 11,536,235 $ - $ NA 11,536,235 $ 11,536,235 $ - $ NA Debt Service Reserve 8,562,801 8,688,980 10,912,692 (2,223,712) NA 15,980,801 10,539,080 5,441,721 NA Total Ending Fund Balance 20,099,036$ 20,225,215 $ 22,448,927 $ (2,223,712) $ NA 27,517,036 $ 22,075,315 $ 5,441,721 $ NA Total Use of Funds 39,786,036 $ 39,912,215 $ 39,543,611 $ 368,604 $ 99% 55,874,036 $ 47,125,641 $ 8,748,395 $ 84% (1)Adjustments include previously approved budget amendments through January 14, 2025 Debt Service Budget Status Report
For the Period Ending December 31, 2024 and 2023
Period Ending December 31, 2023
Santa Clara Stadium Authority
Period Ending December 31, 2024
24 Table 13
Chart 1
Type of Indebtedness Interest Rates
Outstanding as of
March 31, 2024 Net Change
Outstanding as of
December 31, 2024
Stadium Funding Trust Loan:
Term A Loan 5.00% 199,956,240 $ (7,299,896) $ 192,656,344$ StadCo CFD Advance 5.73% 28,711,586 (1,351,749) 27,359,837 Total $ 228,667,826 $ (8,651,645) $ 220,016,181 Period Ending December 31, 2024
Santa Clara Stadium Authority
Debt Summary Report
$-
$100
$200
$300
$400
$500
$600
$700
Mar 2012 Mar 2013 Mar 2014 Mar 2015 Mar 2016 Mar 2017 Mar 2018 Mar 2019 Mar 2020 Mar 2021 Mar 2022 Mar 2023 Mar 2024 Dec 2024 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
$325.3$340.2
$296.8 $280.3
$245.3 $228.7 $220.0
■ ■ ■ ■ ■ ■
25 Debt Service Budget – Recommended Budget Adjustments From time to time, budget adjustments may be necessary to align revenues or expenditures to actual or unexpected activity during the c ourse of a fiscal year, known a fter the adoption of the Stadium Authority Budget.
On March 7, 2023, the Stadium Authority Board adopted the Santa Clara Stadium Authority FY 2023/24 Operating, Debt Service, and Capital Budget. Subsequent budget amendments were also adopted through January 14, 2025. The following budg et adjustments are recommended based on FY 2024/25 projected actuals.
1) Contribution from CFD: Due to a continued improvement in the economy post COVID, hotel stays have been higher than anticipated, therefore CFD revenue is projected to be higher which allows for additional debt payment on the CFD Advance. A budget adjustment of $675,000 is needed to reflect the increase in Contribution from CFD and the paydown of the CFD Advance.
2) CFD Advance Expense: The CFD Advance Ex pense is anticipated to increase by $675,000 to reflect the additional debt payment of the CFD Advance due to higher CFD revenues. A budget amendment of $675,000 is needed to reflect the increase in CFD Advance Expense.
Additional details are shown in Table 14.
Table 14
Santa Clara Stadium Authority
2023/24 Debt Service Budget Adjustment
Item # Line Item Source of
Funds
Use of
Funds
Explanation
1 Contribution from CFD $675,000 This action increases the Contribution from CFD due to
higher anticipated CFD revenues.
2 CFD Advance
Expense
$675,000 This action increases the Debt
Service Budget for the debt
payment of the CFD Advance due
to higher anticipated CFD
revenues that will fund the pay
down of debt.
Total $675,000 $675,000
26 Capital Improvement Project (CIP) Budget
As part of the Capital Expense (“CapEx”) Plan, the following projects have been completed as of the current reporting period:
Blackline Combustible Gas Indicators
Command Post Video Wall Upgrade
D7 Tactical Decon Spray
Fire Station 9 Storage Cabinets
Overhead Doors, Motors, Sensors and Track Replacements RAID 8 Multi Agent Detection Kit
Secure Video File Sharing Software Integration
Street Signage
Women’s Locker Room
The following projects were underway during the current reporting period:
Aesthetic Improvements – Premiu m Areas/Special Event Spaces CO2 Monitoring & Sensors for Code Compliance
Concrete Replacements
Enhance Stadium Security Coverage
Field Turf Equipment
General Areas/Coating Main Deck
Kawasaki ATVs
Levi’s
® Naming Rights Signage Refurbishment
Lighting System – Field / Sport Lighting LED Retrofit Lighting Systems – Fixture Replacement of Major Outdoor Lighting/LED Retrofit Main Kitchen Equipment
Plumbing and Plumbing Fixtures
Radio Booth Cabling
Replace Furniture for Clubs and Special Event Spaces (2019/20 Carryover) Replacement of end of life IT Network equipment (2022/23 Carryover) Security General Allowance
Smoke Evacuation System – Fi re Smoke Curtain Replacement Stadium Event Signag e (2019/20 Carryover)
Updated Stadium Wayfinding Signage (2020/21 Carryover)
The CIP Budget increased from $22 million to $24 million in the current reporting period.
A total of $5.1 million has been s pent during the first three quarters of FY 2024/25, which amounts to 21% of the budget. The main reason that this is below budget is due to the timing of activity for Capital Expenditure proj ects. There has also been little activity on warranty work which makes up 6% of the CIP Budget.
Additional details are shown below in Table 15.
27 Table 15
Budget to Budget to
Amended(1)
YTD Actual % Final YTD Actual %
Budget Actuals Difference Received Budget Actuals Difference Received Beginning Fund Balance 19,862,834 $ 19,862,834 $ - $ NA 22,977,809 $ 22,977,809 $ - $ NA Revenue
Interest - $ - $ - $ NA - $ 57,942$ (57,942) $ NA Total Revenue - $ - $ - $ NA - $ 57,942$ (57,942) $ NA Transfers In
Transfers In from Operating 4,032,000 $ - $ 4,032,000$ 0% 3,915,000 $ - $ 3,915,000$ 0% Transfers In from Operating - Levi's Naming Rights 1,575,000 - 1,575,000$ 0% - - - NA Total Transfers In 5,607,000 $ - $ 5,607,000$ 0% 3,915,000 $ - $ 3,915,000$ 0% Total Source of Funds 25,469,834 $ 19,862,834 $ 5,607,000 $ 78% 26,892,809 $ 23,035,751 $ 3,857,058 $ 86% Budget to Budget to
Amended(1)
YTD Actual Final YTD Actual
Budget Actuals Difference % Used Budget Actuals Difference % Used Expenses
Construction 15,667,725 $ 2,054,854 $ 13,612,871 $ 13% 11,521,424 $ 4,678,782 $ 6,842,642 $ 41% Equipment 5,908,000 3,087,754 2,820,246 52% 7,372,196 1,199,511 6,172,685 16% Contingency & Misc 973,000 - 973,000 0% 903,052 5,708 897,344 1% Stadium Warranty Related Construction 1,528,000 - 1,528,000 0% 1,528,202 - 1,528,202 0% Total Expenses 24,076,725 $ 5,142,608 $ 18,934,117 $ 21% 21,324,874 $ 5,884,001 $ 15,440,873 $ 28% Ending Fund Balance 1,393,109 $ 14,720,226 $ (13,327,117) $ NA 5,567,935 $ 17,151,750 $ (11,583,815) $ NA Total Use of Funds 25,469,834 $ 19,862,834 $ 5,607,000 $ 78% 26,892,809 $ 23,035,751 $ 3,857,058 $ 86% (1)Adjustments include previously approved budget amendments through January 14, 2025 CIP Budget Status Report
For the Period Ending December 31, 2024 and 2023
Period Ending December 31, 2023Period Ending December 31, 2024 28 CIP Budget – Recommended Budget Adjustments
From time to time, budget adjustments may be necessary to align revenues or expenditures to actual or unexpected activity during the course of a fiscal year, known after the adoption of the Stadium Authority Budget. The budget amendments recommended in this report include three CapEx projects that were antic ipated to be completed in FY 2023/24, so the remaining budgets were not requested to be carri ed forward to the FY 2024/25 Operating, Debt Service, and Capital Budget. It also in cludes one carryover project that requires a budget amendment due to unanticipated costs.
1) Equipment - Kawasaki ATV (2021/22 Carryover): This project funds the purchase of a new Kawasaki ATV (All-Terrain Vehicle) for Police Department use at the Stadium.
The ATV was purchased in FY 2023/24. It was anticipated that this project would be completed by the end of the FY 2023/24 so the remaining funds were not requested to be carried over to FY 2024/25. Due to unanticipated delays wit h the upfitting, a budget adjustment of $11,000 is needed to in clude additional costs related to properly equip the ATV in FY 2024/25. Labor required by the City’s fleet department was also more than initially project ed and delayed beyond the anticipated billing cycle.
2) Equipment - Kawasaki ATV (2021/22 Carryover): This project funds the purchase of a new Kawasaki ATV for Police Department use at the Stadium. The ATV was purchased in FY 2023/24. It was anticipated that this project would be completed by the end of FY 2023/24 so the remaining funds were not requested to be carried over to FY 2024/25. Due to unanticipated dela ys with the upfitting, a budget adjustment of $10,000 is needed to include additional costs related to properly equip the ATV in FY 2024/25. Labor required by the City’s fleet department was also more than initially projected and delayed beyond the anticipated billing cycle.
3) Construction - Stadium Event Power U pgrades & Switchgear Electrical (2019/20 Carryover): The project will establish capability to monitor and report the Switch Gear Event Mode Status through t he building Schneider Power Monitoring Expert (PME) system for remote monitoring. The plans and specifications required will include any electrical and communication wiring, as well as any controls upgrades necessary to complete the project. The project was originally scheduled to be completed in FY 2023/24 however, delays in the equipment configuration pushed back the timeline.
The final installation is expected to be completed in FY2024/25. A budget amendment of $30,000 is needed to complete the final work.
4) Equipment - Kawasaki ATVs (2023/24 Carryover): This project replaces 5 Kawasaki ATVs originally purchased in 2014 that are at the end of the 10-year useful life. The 5 ATV’s have been purchased in FY 2024/25. Due to unanticipated costs related to upfitting the vehicles a budget adjustment of $14,000 is needed for additional costs in FY 2024/25. Labor required by the City’s fleet department was also more than initially projected.
5) Ending Fund Balance: The Ending Fund Ba lance is anticipated to decrease by $65,000 due to the actions taken above. A budget amendment of $65,000 is needed 29 to reflect the decrease in the Ending Fund Balance – Unrestricted.
Additional details are shown in Table 16.
Table 16
Santa Clara Stadium Authority
2024/25 CIP Budget Adjustment
Item # Line Item Source of
Funds
Use of Funds Explanation
1 Equipment:
Kawasaki ATV
(2021/22 Carryover)
$11,000 This action increases the
Capital Expenditure
Budget for equipment due
to delays, higher costs
and not carrying over
budget from the prior
year.
2 Equipment:
Kawasaki ATV
(2021/22 Carryover)
$10,000 This action increases the
Capital Expenditure
Budget for equipment due
to delays, higher costs
and not carrying over the
budget from the prior
year.
3 Construction:
Stadium Event
Power Upgrades &
Switchgear Electrical
(2019/20 Carryover)
$30,000 This action increases the
Capital Expenditure
Budget due to delays and
not carrying over the
budget from the prior
year.
4 Equipment:
Kawasaki ATVs
(2023/24 Carryover)
$14,000 This action increases the
Capital Expenditure
Budget for equipment due
to higher costs than
anticipated.
5 Ending Fund
Balance
$(65,000) This action decreases the
Ending Fund Balance to
offset action taken for the
Kawasaki ATVs and
Stadium Event Power
Upgrades & Switchgear
Electrical.
Total $0 $0
30 City of Santa Clara Net General Fund Impact
During the current reporting period there was a total of $1.9 million that was contributed to the General Fund as shown in Table 17. This section of the report also provides information on General Fund revenue and ex penditure impacts resulting from the stadium. It should be noted that the 2024 Settlement Agreement had a final effective date of December 28, 2024 and as a result of that a total of $7.3 million of Performance Rent for FY 2022/23 and FY 2023/24 was paid to the General Fund in January 2025. This will be included in the year-end report.
Table 17
Public Safety and Administrative Cost Reimbursement
As described in earlier sections of this report, costs incurred by the City on NFL and Non- NFL events are tracked and billed to the Stadium Manager. Reimbursement is monitored and included in this report. In the current reporting period, public safety costs incurred in support of NFL and Non-NFL events held at Levi’s® Stadium totaled $5.4 million and $3.1 million, respectively. The reimbursements come from a combination of payments from the Stadium Manager and the offsite parking fees that were collected. As of the report date, the City has received $3.1 m illion in NFL and $2.8 million in Non-NFL public safety reimbursements from the Stadium Manager.
Public safety costs for NFL events conti nue to be above the annual public safety cap.
Pursuant to the Amended and Restated Lease, the Stadium Authority was in discussion with StadCo to adjust the annual public safety cap to reflect the true cost of service, which is higher than the cap. On May 23, 2024, the Stadium Authority entered into a settlement agreement with StadCo and ManCo over disputes regarding public safety and buffet costs and that agreement had a fi nal effective date of December 28, 2024. As a result of the settlement, the public safety cap was adju sted to increase the per game and annual threshold beginning in FY 2024/25. Under the settlement agreement the $14.8 million in accrued but unpaid Public Safety Cost Credits have been partially paid down using $3.3 million in litigation contingency funds. The remaining $11.5 million made up of credits that were issued from public safety costs paid in excess of the annual threshold and permitted credits carry-forwards were redefined as Public Safety Costs (PSC) 2024 Outstanding Balance and will be re imbursed to StadCo over time through excess revenues. $5.9 million is projected to be paid in FY 2024/25 and $3.0 million is projected to be paid in FY 2025/26. It is currently estimated that the PSC 2024 Outstanding Balance will be paid off Ground Rent 1,000,000 $
Performance Rent -
Senior and Youth Fee 289,049
Sales Tax 643,668
1,932,717$
City of Santa Clara
Net General Fund Impact
For Stadium Authority
Total Net General Fund Impact
Period Ending December 31, 2024
31 by FY 2027/28.
In addition to public safety costs, administrat ive costs are also tracked and billed to the Stadium Authority. These in clude the cost of providi ng overall stadium management, financial, human resource, legal, and other serv ices to the Stadium Authority. In the second quarter of FY 2024/25, a total of $1.1 million of administrative costs were incurred by the General Fund, which have been reimbursed to the City.
Rents and Senior and Youth Fee
As noted above, the City’s General Fund collected ground rent of $1 million. Additionally, the Senior and Youth Fee generated $279,000, of which the entire amount forwarded to the City in support of senior and youth programs. See the Glossary for more information on these revenues and how they are calculated.
Other Revenue Impacts
General Fund sales tax, property tax, and transient occupancy tax (TOT) collections have benefited from the direct and indirect economic activity related to stadium events.
Food and beverage concession sales and merchandise sales at Levi’s ® Stadium are
taxable, resulting in sales tax revenue for t he City. The last three quarter of sales tax collections from Levi’s® Stadium transactions generated $644,000 for the City’s General Fund. In addition to the direct sellers at the Stadium, other businesses in Santa Clara are benefiting from the influx of people coming to attend one or more events at Levi’s® Stadium, resulting in potentially more sales tax collections for the General Fund.
In accordance with State Law, StadCo must pay possessory interest property tax based on their lease of Levi’s® Stadium from the Stadium Authority. This revenue is collected by the county and placed into the Redevelopm ent Property Tax Trust Fund (RPTTF).
Amounts remaining in the RPTTF after payi ng any enforceable obligations of the Successor Agency are distributed to taxing ent ities in the same proportion as secured property taxes. The City’s proportion is approximately 10%.
Many stadium events bring travelers to the region, resulting in hotel stays which generate TOT collections for the City’s General Fund. Although it is impossible to say exactly what portion of the City’s TOT collections is due to the stadium, it is clear that hotels both inside and outside the City have benefited, resulting in increases in TOT collections in Santa Clara and our neighboring cities.
32 Glossary
This section of the report provides details behind key terms that are used in the body of this report.
Discretionary Fund – This is funded by $2 of the Base Non-NFL ticket surcharge 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 t hat the discretionary fund will continue to cover NFL public safety costs above the threshold. 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 ha s 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.
Ground Lease – The Ground Lease Agreement has an initial term of 40 years commencing on the date of substantial completion which was July 31, 2014. The amount of annual base ground rent that is payable by the Stadium Au thority to the City is noted in the Table 18.
33 Table 18
Net Non-NFL Event Revenue – Net Non-NFL event revenue is remitted by Stadium Manager to the Stadium Authority on a yearly basis. This is don e annually because the final reconciliation of the Non-NFL event revenues and expenses does not occur until after the conclusion of each fiscal year.
NFL Ticket Surcharge – The Amended and Restated Non-Relocation Agreement states that the Team will collect a 10% NFL ticket surcharge on the price of admission to all NFL games on behalf of Stadium Authority.
Leas e Year Fis cal Year
Annual Fixed
Ground Rent
Cumulative
Total
1 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 $
34 Non-NFL Event Ticket Surcharge – The Stadium Lease Agre ement requires that the promoter or sponsor of any Non-NFL event collect a Non-NFL event ticket surcharge of $4 per ticket. The Lease Agreement sets as ide one-half of the non-NFL event ticket surcharge for stadium operating and maintenanc e costs and one-half for discretionary expenses of the Stadium Authority. Due to the 2024 Settlement Agreement starting in FY 2025/26 any ticketed non-NFL event that is held at Levi’s® Stadium will be 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 Authorit y. 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 Discret ionary Fund. The additional proceeds exceeding the $4 base surcharge will be deposited to the Public Sa fety Cost Reserve to be used to pay public safety costs exceeding the threshold.
Offsite Parking Fees – Parking lot operators who wish to operate a parking lot for sports or entertainment venues are required to go 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 for sports or entertainment events. This fee is designed to recover the public safety costs associat ed with these permitted offsite parking lots.
Therefore, when invoicing for NFL or Non-NF L public safety costs for a particular event held at Levi’s® Stadium, the offsite parking fee that is collected for said event partly offsets the total public safety costs owed for that event. In the City’s FY 2024/25 (July 1, 2024 through June 30, 2025) the offsite parking fee is $6.71.
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 per formance-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 P ublic 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.
Public Safety Costs – For each NFL and Non- NFL event held at Levi’s ® Stadium, a public safety plan is developed and implem ented. Multiple City departments provide staffing, materials, and supplies to support the public safety plan. Services are provided through a combination of City staff, contra cts with other agencies (California Highway Patrol, County Sheriff’s Office, and City of Sunnyvale) and some vendor provided services.
The Amended and Restated Stadium Lease Agreement section 7.5 states that the tenant is responsible for reimbursing the City for the public safety costs attributed to NFL events at Levi’s® Stadium. Additionally, Article 5 of the Stadium Management Agreement notes that the Stadium Manager is responsible for paying Non- NFL event expenses on behalf of the Stadium Authority. Ther efore, the cost of providing public safety services are tracked through the City’s financial system and invoices are sent to the Stadium Manager. 35 All of these costs are reimbursed to the City of Santa Clara.
Public Safety Costs (PSC) 2024 Outstanding Balance: As part of the 2024 Settlement Agreement, public safety costs over the th reshold 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.
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.
Senior and Youth Program Fees – During the lease terms, StadCo collects City of Santa Clara Senior and Youth Program Fees on behalf of Stadium Aut hority. 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 in crease by $0.05 in conjunction with the maximum amount increased by an additional $50,000.
Fiscal Year
Outstanding
Balance
Actual/Projected
Payments
Remaining
Balance
2023/24 14,786,346$ - $ 14,786,346$ 2024/25 14,786,346$ 9,214,116 $ 5,572,230 $ PSC 2024 Outstanding Balance
36 Stadium Management Fee – The Stadium Manager re ceives 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 as detailed in the table below. This annual base management fee is split 50/50 between StadCo and the Stadi um Authority since the Stadium Manager manages the st adium year-round for both entities. In addition to the base management fee, the St adium Manager also receiv es a stadium marketing and booking fee (incentive fee) wh ich is based on a percentage of the amount that the net income from Non-NFL events exceeds t he marketing and booking fee benchmark. The marketing and booking fee benchmark was $5 m illion in the first lease year and also increases by 3% annually as detailed in the table below. The annual stadium management fee for each of the first ten lease years are noted in the Table 19 below.
Table 19
Tasman Lots Parking Fees – The City collects a fee of $5 per space for all cars that are parked on the Tasman surface lots during NFL events.
Fiscal Year
Lease
Year
Annual Base
Stadium
Management
Fee (SCSA
Share)
Stadium
Marketing
and Booking
Fee
Benchmark
Net Income
from Non-
NFL Events
1st Tier -
paid at 10%
Fee
Additional
Stadium
Marketing and
Booking Fee
10% 1st Tier
2nd Tier -
paid at
15% Fee
Additional
Stadium
Marketing and
Booking Fee
15% 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) 11 268,783 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 Appendix
This section of the report provides additional historical data for the tables referenced in the body of this report.
Table 20
Table 21
2014/15 Q3 2015/16 Q3 2016/17 Q3 2017/18 Q3 2018/19 Q3 2019/20 Q3 Total Total Total Total Total Total
No. of NFL Events 10 9 9 10 10 10 No. of Tickets Sold 682,095 602,268 588,794 643,189 651,237 662,731 NFL Ticket Surcharge 8,366,290 $ 7,448,271 $ 7,403,778 $ 7,806,190 $ 8,076,510 $ 8,412,291 $ Senior/Youth Program Fees 238,734 $ 210,794 $ 206,078 $ 225,116 $ 227,933 $ 231,956 $ Cars Parked at Offsite Lots 90,024 51,375 61,310 54,107 56,390 64,960 City Offsite Parking Fee 442,919 $ 260,985 $ 321,264 $ 293,260 $ 317,476 $ 380,016 $ Cars Parked on Tasman Lots 4,983 6,184 4,653 5,530 4,729 5,751 Cars Parked on Golf Course 233,306 18,823 - - - - City Tasman Lot and Golf Course Parking Fee 141,445$ 125,035 $ 23,265 $ 27,650 $ 23,645 $ 28,755 $ Stadium Public Safety Costs 2,414,028 $ 2,092,697 $ 2,497,858 $ 2,388,347 $ 2,994,735 $ 3,701,510 $ Golf Course Public Safety Costs 180,766 $ 71,000 $ - $ - $ - $ - $ Subtotal Event Public Safety Costs 2,594,794 $ 2,163,698 $ 2,497,858 $ 2,388,347 $ 2,994,735 $ 3,701,510 $ Less: Offsite Parking Fee Credit (442,919) $ (260,985) $ (321,264) $ (293,260) $ (317,476) $ (380,016) $ Reimbursable Stadium Public Safety Costs 2,151,875$ 1,902,713 $ 2,176,593 $ 2,095,087 $ 2,677,259 $ 3,321,494 $ Levi's® Stadium
Historical NFL Event Statistics
2014/15 Q3 2015/16 Q3 2016/17 Q3 2017/18 Q3 2018/19 Q3 2019/20 Q3 Total Total Total Total Total Total
No. of Non-NFL Ticketed Events 7 15 17 11 11 8 No. of Tickets Sold 248,591 623,687 579,059 319,580 290,341 183,874 Non-NFL Ticket Surcharge 916,656 $ 2,455,816$ 2,316,236 $ 1,278,320 $ 1,161,364 $ 735,496 $ No. of Non-NFL Special Events 138 171 101 84 87 64 Non-NFL Special Event Attendees 42,808 97,747 43,526 51,928 32,593 22,155 Cars Parked at Offsite Lots 16,054 55,720 60,969 25,741 26,041 17,127 City Offsite Parking Fee 78,986 $ 278,703 $ 313,978 $ 138,087 $ 144,407 $ 98,547 $ Stadium Public Safety Costs 1,217,852 $ 3,003,358 $ 2,938,082 $ 1,601,824 $ 1,948,594 $ 1,556,785 $ Less: Offsite Parking Fee Credit (78,986)$ (278,703) $ (313,978) $ (138,087) $ (144,407) $ (98,547) $ Reimbursable Public Safety Costs 1,203,483$ 2,844,497 $ 2,664,009 $ 1,463,737 $ 1,804,187 $ 1,458,238 $ Historical Non-NFL Event Statistics
Levi's® Stadium
38 Table 22
Fiscal Year
Beginning
Balance Revenue Expenses Ending Balance
2014/15 - $ 715,770$ - $ 715,770$ 2015/16 715,770 1,238,542 714,028 1,240,284 2016/17 1,240,284 1,164,698 699,129 1,705,853 2017/18 1,705,853 768,564 1,209,342 1,265,075 2018/19 1,265,075 796,294 101,267 1,960,102 2019/20 1,960,102 367,748 - 2,327,850 Discretionary Fund Reserve
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1092 Agenda Date: 3/25/2025
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Proposed Agreement with ABM Industry Groups, LLC for Janitorial Services at Levi’s Stadium for a Three-Year Period with the Option to Extend Two Additional One-Year Periods
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 (Stadium Manager) is responsible for maintaining the Stadium in the required condition and operating it as a quality NFL and multi-purpose public sports, public assembly, exhibit, and entertainment facility as required by the Stadium Management Agreement between the Santa Clara Stadium Authority (Stadium Authority), Forty Niners SC Stadium Company LLC (StadCo), and the Stadium Manager.
Janitorial services are critical to the ongoing operation of Levi’s Stadium and are contracted for daily cleaning and for both ticketed and non-ticketed events. They include the following services:
· Year-Round Maintenance: Ongoing janitorial services throughout the stadium. · Event Cleaning: Comprehensive cleaning services before, during, and after NFL and Non-NFL Events, including football games, soccer matches, concerts, and special events, ensuring the stadium is meticulously maintained.
· Special Event Support: Cleaning services for special (catered) events organized by the Stadium Manager’s Special Events team, such as proms, parties, and receptions. This includes pre-event, event, and post-event cleaning services. · Ancillary Services: Additional cleaning tasks as required, such as window washing, parking lot cleaning, concert floor setup and strike, cleaning and washing public safety vehicles, and confetti clean up.
· Deep Cleaning Services: Quarterly, biannual, and annual deep cleaning services.
The Stadium Manager has an existing agreement with ABM Industry Groups, LLC (ABM) for janitorial services at Levi’s Stadium. This agreement was originally approved by the Stadium Authority Board on April 4, 2017, with an initial five-year term ending March 31, 2022, plus an option to extend for an additional two years. A First Amendment to the agreement was noted and filed on the original date of Stadium Authority approval to include the Stadium Authority in the Agreement’s Exhibit C - Insurance Requirements.
On December 10, 2021, the Stadium Manager exercised the option to extend the agreement through City of Santa Clara Printed on 3/21/2025Page 1 of 10
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March 31, 2024. On March 19, 2024, the Stadium Authority Board approved a Second Amendment to the agreement to increase compensation rates and extend the term on a month-to-month basis for up to six months through September 30, 2024, or until the Stadium Manager entered into a new agreement for janitorial services.
On September 24, 2024, the Stadium Authority Board approved a Third Amendment to extend the term of the agreement on a month-to-month basis for up to six months through March 31, 2025, or until the Stadium Manager enters into a new agreement and completes the transition of services.
In mid-February 2025, the Stadium Manager submitted a request for a new contract for janitorial services after completing a Request for Proposals (RFP) process. Staff intended to present the request for Stadium Authority Board approval as part of the March 11, 2025 agenda. However, additional time was required to complete the review and address a protest to the bid process received on March 3, 2025 that was received after the Stadium Manager’s submission. The protest, which is discussed in further detail below, has since been resolved, and the protest period closed on March 18, 2025.
Through this agenda item, the Stadium Manager is requesting approval of a new agreement with ABM to provide janitorial services for Levi’s Stadium for a three-year term, commencing April 1, 2025 and ending March 31, 2028, with an option to extend for two additional one-year periods through March 31, 2030 (Attachment 1).
A Recommendation for Award Memo describing the RFP process and the request for award of contract was submitted by the Stadium Manager (Attachment 2).
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo and supporting RFP documents for consistency with the Stadium Authority Procurement Policy Chapter
17.30 and Santa Clara City Code Chapter 2.105.140(c) for purchases with an amount greater than $250,000. The Stadium Manager received a total of four proposals from the following firms:
· ABM Industry Groups, LLC (ABM)
· Aramark Services, Inc. (Aramark)
· C&W Services - A subsidiary of Cushman & Wakefield (C&W) · Pritchard Sports & Entertainment Group (Pritchard)
Through the RFP process described in the Stadium Manager’s Recommendation for Award memo and in the section below, the Stadium Manager recommends awarding the agreement to ABM for janitorial services at Levi’s Stadium for a three-year term, commencing April 1, 2025 and ending March 31, 2028, with an option to extend for two additional one-year periods through March 31, 2030.
Request for Proposals Process
The Stadium Manager began working on the RFP in August 2023 by developing a list of prescriptive cleaning services required for the stadium. Representatives from the Stadium Manager’s team conducted extensive outreach and benchmarked with other sports facilities around the United States including reviewing the janitorial services RFP issued by the City of Santa Clara. All of these City of Santa Clara Printed on 3/21/2025Page 2 of 10
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benchmarks were facilitated independently by the Stadium Manager’s Procurement Department.
To ensure a thorough understanding of vendor capabilities and evaluate current stadium needs, the Stadium Manager outreached directly to various suppliers to understand their service offerings. On October 6, 2023, the Procurement Department conducted a three-hour, on-site, non-binding, and non -committal open house. Janitorial service providers were invited to participate in an open dialogue with the Stadium Manager, tour the facility, and learn about the marketplace to aid in the development of the RFP documents. These discussions spanned over a period of two months through December 2023.
Additionally, the Stadum Manager conducted benchmarking with the Warriors at the Chase Center, San Francisco Giants, Dallas Cowboys, Maryland Stadium Authority (which manages both NFL and MLB venues), SoFi Stadium procurement team, Miami Marlins, and City of Santa Clara. This benchmarking showed that most venues use a combination of internal custodial services and outsourced third-party firms for janitorial services. The Procurement Department spent significant time understanding Levi’s Stadium’s specific needs, comparing them to other stadiums and ballparks, and conducting independent outreach to janitorial services providers to ensure the RFP structure encouraged competition and yielded the best value to the stadium. Key factors in the RFP development included venue size, event schedule, and types of events hosted at the stadium.
On May 6, 2024, the Stadium Manager issued the RFP and provided a copy to the Stadium Authority.
The key events in the RFP process were as follows:
· On May 16, 2024, a mandatory pre-proposal conference and site visit were held at the Stadium. The Stadium Manager provided an overview of the janitorial service requirements and housekeeping guidelines, conducted a comprehensive site visit, and provided clarifications to questions from proposers.
· On May 24, 2024, Addendum #1 was issued, providing responses to proposer questions, additional stadium details, such as square footage, parking lot maps, digital floor maps, and a copy of the sign-in sheet from the mandatory pre-proposal conference and site visit. · On June 3, 2024, Addendum #2 was issued, incorporating additional cleaning service details and cost proposal information.
· On June 6, 2024, Addendum #3 was issued, providing a revised cost proposal spreadsheet. · On June 12, 2024, the RFP closed, and the Stadium Manager received four proposals.
Following the RFP closing, the Stadium Manager conducted a two-step evaluation process:
· Phase One: The written proposals were evaluated by a committee against the criteria outlined in the RFP. The evaluation committee determined all four firms to be within the competitive range to proceed with phase two.
· Phase Two: All four proposers advanced to Phase Two, which involved interviews, presentations, and cost evaluations. The interviews and presentations were held at the Stadium in July and August 2024. As part of the Phase Two scoring, Aramark, C&W Services, and Pritchard were invited onsite for another walkthrough of Levi’s Stadium. Since ABM, the incumbent service provider, possessed sufficient knowledge of Levi’s Stadium operations, they were not required to participate in this step. During this walkthrough, the Stadium Manager City of Santa Clara Printed on 3/21/2025Page 3 of 10
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facilitated discussion to validate the proposers’ understanding of the various services levels including required daily and event services. The three firms were asked to review their cost proposals and make necessary adjustments based on their deeper understanding of the Stadium Manager’s expectations.
The evaluation committee ultimately selected ABM as the finalist and directed the Stadium Manager’s Procurement Lead to conduct the final negotiations with ABM. The final negotiations addressed several key areas, including cost, account management, workforce technologies, labor cost reduction and efficiency, detailed cost breakdown of “other costs”, equipment costs and amortization schedules, resource allocation for parking lot cleaning services, and performance metrics and accountability measures. As a result of addressing these areas, the Stadium Manager successfully reduced ABM’s cost by approximately 20% from the initial RFP cost proposal. The Stadium Manager completed the business, legal, and cost negotiations with ABM in February 2025.
Notice of Intended Award and Protest
On February 24, 2025, the Stadium Manager issued a Notice of Intended Award (NOIA), announcing ABM as the recommended contractor. On March 3, 2025, the Stadium Manager and Stadium Authority received a protest letter from C&W (Attachment 3). In the letter, C&W expressed concerns regarding the exclusion of the Cost criterion in the NOIA and delays and communication issues experienced during the RFP process.
On March 7, 2025, the Stadium Manager issued a revised NOIA addressing the clerical error identified by C&W in their protest letter, regarding the description of the Cost criterion, and clarified the allocated maximum points for the Cost criterion.
The protest was reviewed by City/Stadium Authority staff from the City’s Purchasing Division, City Attorney/Stadium Counsel’s Office, and the City Manager/Executive Director’s Office. On March 11, 2025, the Stadium Authority’s Executive Director issued a written determination, which included that 1) the original NOIA contained a clerical error in the description of the cost evaluation criteria, but this error did not impact the actual scoring, evaluation, or award determination, and 2) the Stadium Manager remained engaged throughout the RFP process and provided responses whenever feasible, ensuring that proposers received key information as the evaluation progressed (Attachment 4). On these bases, together with the issuance of the revised NOIA by Stadium Manager, the Executive Director concluded that all parties acted in good faith, that denial of the protest (and upholding the NOIA) would not undermine the intent and purpose of the Stadium Authority's procurement policies, and that the clerical error that forms the basis for the protest did not prevent substantial compliance with the Stadium Authority's procurement policies. The Stadium Authority’s review and response were completed in accordance with the Stadium Authority Procurement Policy Chapter 17.30.140, which sets forth the Stadium Authority’s bid contest procedures. Under Section
17.30.140(d), the protestor may appeal the determination to the Stadium Authority Board within seven days of receiving the written determination and finding from the Executive Director. The seven- day period for an appeal ended on March 18, 2025. No appeal was received.
Scope of Services
Under the proposed agreement, ABM will provide the following services at Levi’s Stadium:
· Year-Round Maintenance: Ongoing janitorial services throughout the stadium.
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25-1092 Agenda Date: 3/25/2025
· Event Cleaning: Comprehensive cleaning services before, during, and after NFL and Non-NFL Events, including football games, soccer matches, concerts, and special events, ensuring the stadium is meticulously maintained.
· Special Event Support: Cleaning services for special (catered) events organized by the Special Events team, such as proms, parties, and receptions. This includes pre-events, events, and post-event cleaning services.
· Ancillary Services: Additional cleaning tasks as required, such as parking lot cleaning, window washing, concert flooring setup, etc.
· Deep Cleaning Services: Quarterly, biannual and annual deep cleaning services.
The proposed agreement includes the following:
· A detailed scope of services that includes requirements for licenses and permits, safety and training, account management and invoicing (including tracking time for each event and each location), a management plan, an operation plan, equipment, uniforms, a quality control plan, training, and smart technology (as detailed under Exhibit A) · Detailed cleaning duties outlined by specific areas, including Shared Stadium Areas such as concourses, lobbies, entryways, elevators, escalators, restrooms, loading dock, and utility rooms, as well as Tenant Exclusive Areas such as Museum Hall of Fame, football locker rooms, coaches’ locker rooms, and suites (as detailed under Exhibit A-1) · Annual, biannual, and quarterly cleaning duties (as detailed under Exhibit A-1) · Levi’s Stadium space square footage details (as detailed under Exhibit A-2) · Description of cleaning services and expectations (as detailed under Exhibit A-3) · Performance metrics for work order resolution times, quality and performance audits, event- tiered staffing levels, seating bowl audits, onsite project management, and performance credits if service levels are not met (as detailed under Exhibit A-5) · Transparent compensation and fees (as detailed under Exhibit B-1 and discussed under the next section)
Compensation and Fees
Daily Services, Major Events, and Parking Lots: Service costs for the first year of the agreement term are outlined under Exhibit B-1. Fixed hourly rates are established for each labor category, along with the anticipated number of staff and expected number of staff hours for daily cleaning services, major events, and parking lot cleaning. These costs are as follows:
· Monthly Fee for Daily Services: Approximately $58,836 (Monthly services will fluctuate based on the number of days in the month. Cleaning services will be tracked for Shared Stadium Areas and Tenant Exclusive Areas and the Stadium Authority and StadCo will split costs 50/50 for the services performed only in Shared Stadium Areas. StadCo is responsible for costs related to Tenant Exclusive Areas)
· Full Bowl Event: $114,995
· Partial/Lower Bowl Event: $85,117
· Parking Lot for Full Bowl Event: $20,653
· Parking Lot for Lower Bowl Event: $16,792
For reference, under the existing agreement, the monthly expense for routine janitorial services City of Santa Clara Printed on 3/21/2025Page 5 of 10
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ranges between $110,000 and $120,000 per month, split equally between the Stadium Authority and StadCo. In FY 2024/25, janitorial services for ticketed major Non-NFL Events ranged between $125,000 and $175,000 and averaged $142,000 per event. The Stadium Authority paid a total of $1,138,892 in FY 2024/25 for janitorial services for 8 ticketed major Non-NFL Events (comprised of 2 partial/lower bowl events and 6 full bowl events based on estimated number of tickets sold for the events).
Based on the pricing in the proposed agreement, costs for janitorial services (inclusive of parking lot cleaning) for ticketed major Non-NFL Events should range between $101,909 (partial/lower bowl event - 35,000 guests or less) and $135,648 (full bowl event - 68,500 guests). Applying the cost model in this new agreement, the total for janitorial costs for 6 full bowl events and 2 partial/lower bowl events, inclusive of parking lot cleanings, would total $1,017,706, providing cost savings of $121,186.
The proposed agreement recognizes that not all major events are the same, thus requiring ABM to provide a proposal to the Stadium Manager prior to each event, detailing staffing levels and associated costs, consistent with pricing in Exhibit B-1. The Stadium Manager may request adjustments to services as necessary based on event and facility needs. Parking lot cleaning services may also be requested as part of event services or on an ad hoc basis, also consistent with pricing in Exhibit B-1.
Shared Stadium Expenses, such as daily cleaning services for Shared Stadium Operations Areas, are split 50/50 between the Stadium Authority and StadCo per the Stadium Lease. Janitorial services performed for Non-NFL Events are charged directly to the events. StadCo is responsible for all costs related to services performed for Tenant’s Exclusive Areas and NFL events.
Equipment Costs: ABM is responsible for supplying, maintaining, and replacing all equipment necessary for janitorial services, as well as providing any additional equipment needed to fulfill contract requirements. Exhibit B-1 details the equipment furnished by ABM under the agreement (e.g., vacuums, extractor, dust control banisher, etc.). All equipment listed in Exhibit B-1 must be new at the outset prior to its initial use. The Stadium Manager retains the approval authority over all equipment. ABM must itemize each piece of equipment, specify quantities, and include the purchase price per item. Equipment cost is amortized over 36 months and Exhibit B-1 outlines the specific cost for each item per year for the initial term of the agreement, along with its respective annual and monthly cost (Year 1 Annual Total: $23,436; Year 2 Annual Total: $29,978; and Year 3 Annual Total:
$35,056). Equipment costs are treated as a Shared Stadium Expense, split 50/50 between the Stadium Authority and StadCo.
Ancillary Services: The Stadium Manager may request ancillary services, such as parking lot cleaning, window washing, and concert flooring setup, on an ad hoc basis. Prior to providing such services, ABM must submit a proposal to Stadium Manager detailing the staffing and associated cost before performing the ancillary services. The Stadium Manager will review the proposal and may request changes as may be necessary to fulfill Stadium Manager’s needs. Upon Stadium Manager’s approval of the proposal, ABM may proceed with providing the ancillary services. Ancillary services will be billed according to the labor rates set forth in Exhibit B-1.
Tenant Exclusive Areas: ABM has been provided a color-coded map depicting the unique spaces at Levi’s Stadium categorized as Shared Stadium Areas and Tenant Exclusive Areas. ABM is required to City of Santa Clara Printed on 3/21/2025Page 6 of 10
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track staff time spent in Tenant Exclusive Areas when performing services. ABM must separately invoice services performed in Tenant Exclusive Areas, and each invoice must include a summary report of the performance period, staff time spent, services rendered, and specific areas serviced.
StadCo is responsible for costs related to services performed in Tenant Exclusive Areas and will be separately billed for such services.
Overtime, Double-time, and Holiday Pay: Terms for overtime, double-time, and holiday pay are outlined in Exhibit B. In general, the vendor may not charge for overtime or double-time unless it is due to extenuating circumstances outside of Contractor’s reasonable control ,such as multiple major events within the same calendar week, back-to-back events, and force majeure events. In all such cases, overtime or double-time pay will only be the responsibility of the Stadium Manager if approved by the Stadium Manager in advance following receipt of notice from ABM.
Fee Increases: Exhibit B outlines the following fee increases for any subsequent years following the first year of the agreement term:
· Daily Services: Any annual fee increase for exempt staff employed in the performance of Daily Services is capped at a maximum of 3% per year. Any annual fee increase for non- exempt staff employed in Daily Services will be limited to the corresponding increase in ABM’s applicable collective bargaining agreement.
· Event and Parking: Any annual fee increase for staff in Event and Parking Services will be tied to the applicable minimum wage rate increase in the City of Santa Clara. · Equipment: No fee increases are authorized for the equipment specified in Exhibit B-1. Any additional equipment that is not listed in Exhibit B-1, which is necessary for ABM’s performance of services, must be approved through a written amendment to the agreement.
ABM may not charge for equipment not specifically listed in Exhibit B-1.
In order to enact a fee increase, ABM must submit prior written notice to the Stadium Manager at least 90 calendar days in advance of the agreement’s anniversary date. The notice must include: (1) the proposed fee increases organized by services type and staff position and (2) an updated billing summary incorporating the proposed fee increases in substantially the same format as set forth in Exhibit B-1. The proposed agreement requires that all fee increases be memorialized in a written amendment to the agreement, and such written amendment will not have retroactive effect.
As noted above, the rates in the proposed agreement are approximately 20% lower than ABM’s initial cost proposal, and are significantly lower than the costs under the existing agreement. The agreement does not include a not-to-exceed amount due to the variable number of Non-NFL Events per contract year. All services, including those for NFL and Non-NFL Events, are subject to the rates in Exhibit B-1.
SEIU Collective Bargaining Agreement
ABM is one of the largest employers of SEIU union employees in the country and has operated Levi’s Stadium under the structure of the SEIU United Service Workers West Collective Bargaining Agreement (CBA) for several years. As such, ABM has relationships with more than 200 different local unions across the country. The CBA applies only to full-time non-exempt employees performing City of Santa Clara Printed on 3/21/2025Page 7 of 10
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Daily Services. Supervisors, management, and part-time event staff are excluded from the CBA .
The framework of the agreement has been in place for several years and ABM plans to continue the existing collective bargaining framework. Under the proposed agreement, any wage increases for employees covered by CBA will be determined in accordance with the collective bargaining negotiations.
ABM has proposed a starting wage of $20.00/hr for event and parking cleaning staff based on local market comparisons to attract and retain quality employees for Levi's Stadium. The City of Santa Clara’s minimum wage for 2025 is $18.20/hr. One of the important market comparisons ABM considered was the need to remain competitive with State of California’s fast food minimum wage of $20.00/hr in 2024.
As outlined in the Fee Increases section above, wage increases will be tied to changes in the City’s minimum wage for part-time event and parking cleaning staff , while maintaining the $1.80/hr differential above the City’s minimum wage. The City’s calculation for setting the annual minimum wage is governed by SCCC Chapter 3.20.040 - Minimum Wage. Additionally, the Stadium Manager has confirmed that there are no significant changes expected in the provider staffing, other than through the normal course of business, thus complying with SCCC Chapter 9.60 Food and Building Service Worker Retention.
Staff Recommendation
Based on the documentation and information provided, staff recommends approval of the Stadium Manager’s request to execute an agreement with ABM for janitorial services at Levi’s Stadium for a three-year period through March 31, 2028. As the proposed agreement requires that all fee increases be memorialized in a written amendment, the recommendation is to authorize the Stadium Manager to amend the agreement, as needed, to memorialize all fee increases and/or to include any additional equipment that is necessary for ABM’s services that is listed in Exhibit B-1 following the terms and conditions for Annual Fee Increases set forth under Exhibit B, subject to budget appropriations, and after approval by the Executive Director. Staff also recommends authorizing the Stadium Manager to exercise two additional one-year option to extend the agreement through March 31, 2030, under the same basic terms and conditions, including those for Annual Fee Increases under Exhibit B, provided that the associated costs have been approved by the Board in the Stadium Authority Operating Budget for the respective fiscal year and after approval by the Stadium Manager.
The Stadium Authority Counsel’s Office has reviewed the proposed agreement with ABM for comparison to the Stadium Authority’s customary language. Nothing in the proposed agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.
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
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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 Stadium Authority Fiscal Year (FY) 2025/26 Budget contains Shared Stadium Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. Shared Stadium Expenses are split 50/50 between the Stadium Authority and StadCo per the Stadium Lease for daily cleaning services of Shared Stadium Areas. Based on the compensation schedule for the first year under the proposed Agreement’s Exhibit B-1, the monthly expense for daily cleaning services is approximately $58,836. The Stadium Authority’s portion for the initial year of the agreement term will be less than half of that amount per month, as it includes cleaning for Shared Stadium Areas and Tenant Exclusive Areas in the Stadium. The Agreement requires ABM to track the spaces they clean (Shared Stadium Areas vs. Tenant Exclusive Areas) and invoice StadCo separately for time spent cleaning in Tenant Exclusive Areas. The monthly fee will fluctuate based on the number of days in the month.
There are sufficient funds budgeted under the FY 2025/26 Shared Stadium Expenses, Engineering line item to cover the Stadium Authority’s portion of daily cleaning (less than $29,418 per month).
Select ancillary services (as needed), deep cleaning services (as needed), and equipment costs ($23,436 total annually for the first year and split 50/50 between Stadium Authority and StadCo) are also covered under the FY 2025/26 Shared Stadium Expenses, Engineering line item.
In addition to the Shared Stadium Expense cost described above, janitorial services performed for Non-NFL Events are charged directly to the events. The following pricing for major event services may adjust based on event needs but are approximately:
· Full Bowl Event: $114,995
· Partial/Lower Bowl Event: $85,117
· Parking Lot for Full Bowl Event: $20,653
· Parking Lot for Lower Bowl Event: $16,792
There are sufficient funds in the Stadium Authority FY 2025/26 Operating Budget, allocated as part of the Net Revenues from Non-NFL Events line item to cover the initial year’s costs. Funding for future years will be included in future proposed budgets through the budget process.
StadCo is responsible for all costs related to services performed for Tenant’s Exclusive Facilities and NFL events. As the service agreement will also be used for NFL Events, they will be subject to the same pricing model.
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 City of Santa Clara Printed on 3/21/2025Page 9 of 10
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in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].
RECOMMENDATION
1. Approve the Stadium Manager’s request to execute an agreement with ABM Industry Groups, LLC for janitorial services at Levi’s Stadium, for an initial three-year term, commencing on April 1, 2025 and ending on March 31, 2028, in a form approved by the Stadium Authority Counsel, and subject to budget appropriations;
2. Authorize the Stadium Manager to amend the agreement with ABM Industry Groups, LLC, as needed, to memorialize all fee increases and/or to include any additional equipment that is necessary for ABM’s services that is listed in Exhibit B-1 following the terms and conditions for Annual Fee Increases set forth under Exhibit B of the agreement, subject to budget appropriations, and after approval by the Stadium Authority Executive Director; and
3. Authorize the Stadium Manager to exercise up to two one-year options to extend the agreement through March 31, 2030 under the same terms and conditions, including those for Annual Fee Increases under Exhibit B of the agreement, subject to budget appropriations, and after approval by the Stadium Authority Executive Director.
Reviewed by: Chuck Baker, Assistant Executive Director
Reviewed by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Proposed Agreement with ABM Industry Groups, LLC
2. Stadium Manager’s Recommendation for Award Memo
3. Protest Letter from C&W Services Dated March 3, 2025
4. Executive Director’s Protest Determination Dated March 11, 2025 City of Santa Clara Printed on 3/21/2025Page 10 of 10
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1 LEVI’S STADIUM GENERAL SERVICES AGREEMENT
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
This Agreement for the Performance of Services (“Agreement”) is made and entered into on April 1, 2025 (“Effective Date”) by and between ABM INDUSTRY GROUPS, LLC, a California corporation with its principal place of business at 1005 S. Olive Street, Suite 1900, Los Angeles, CA 90015 (“Contractor”), and the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company (“Stadium Manager”), with its principal place of business at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager and Contractor may b e referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The CITY OF SANTA CLARA, a municipal corporation (“City”) and the SANTA CLARA STADIUM AUTHORITY, a joint exercise of powers entity, created through Government Code sections 6500 et seq. (the “Authority”), are parties to that certain Ground Lease dated Marc h 28, 2012, as amended by that certain First Amendment to Ground Lease (Stadium Site) (as the same may be further amended from time to time, the “Ground Lease”), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the “Stadium”).
B. The Authority and FORTY NINERS SC STADIUM COMPANY LLC, a Delaware limited liability company (“StadCo”), are parties to that certain Amended and Restated Stadium Lease Agreement dated March 28, 2012 as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Stadium Lease”), pursuant to which StadCo is granted the right during the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to, and on the basis of, the terms, covenants and conditions set forth in the Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company (“Team”), are parties to a certain Sublease Agreement dated March 28, 2012, as amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the “Team Sublease”), pursuant to which, during the term of the Team Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement dated November 13, 2012, that certain Second Amendment to Stadium Management Agreement dated May 9, 2013, that certain Third Amendment to Stadium Management Agreement dated June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated March 18, 2014 (as the same may be further amended from time to time, the “Stadium Management Agreement”), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and on the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to maintain and operate the Stadium and areas surrounding the Stadium, and, accordingly, desires to secure the general services generally consisting of janitorial services as more fully described in Exhibit A, entitled “Scope of Services” (the “Services”), attached hereto and incorporated herein by this reference.
2 F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses / certifications / permits, and desire to provide the Services which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services. The Stadium Manager and Contractor desire to enter into this Agreement whereby Contractor will perform the Services subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
TERMS
1. DEFINITIONS.
A. Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, “control” when used with respect to any entity means the power to direct the m anagement and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and “controlling” and “controlled” have meanings correlative to the foregoing.
B. Additional Indemnitees: shall mean the Authority’s Affiliates (including without limitation, the Authority’s Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore Nort h Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates, the Team and any Additional Team (i.e., an additional NFL franchise that plays its “home” games at the Stadium) (and their respective Affiliates), Manager’s Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture upon Manager’s interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
C. Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximum non-usurious rate permitted by applicable law.
D. Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution of this Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadium Lease and end on the next following March 31.
If this Agreement expires or terminates on a date other than March 31 of a particular year, there shall be a partial last Fiscal Year ending on the date of such termination.
E. Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “extremely hazardous wastes,” “restricted hazardous wastes,” “toxic substances,” “toxic pollutants,” “contaminants,” “infectious wastes,” “pollutants” or words of similar import under any environmental law; and (c) any other chemical or other material or substance, 3 exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
F. Person: shall mean any individual, corporation, partnership, limited liability company, association, trust or other entity whatsoever.
2. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
3. SERVICES TO BE PROVIDED.
A. The Recitals above and all of the exhibits and schedules referenced in this Agreement are attached and are incorporated herein by this reference.
B. Contractor promises and agrees to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the Services as described in this Agreement including, without limitation, Exhibit A attached hereto.
C. Stadium Manager may, at its discretion, provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor. The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new location within the Stadium from time to time as it deems necessary.
D. Except as expressly provided herein, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff, if applicable), and training. As described in greater detail in Section 8.F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the Effective Date.
E. Without limiting the generality of any other provision in this Agreement, Contractor’s provision of the Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor’s performance. Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
F. If at any time, Contractor fails or is otherwise prevented from providing all or any portion of the Services whether due to a suspension or termination of any licenses or permits or otherwise, then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of any kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees to cooperate and assist Stadium Manager in providing the Services.
G. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by --
4 Contractor. Use of any space or property that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee or employee of the Authority, Stadium Manager or any other person working at the Stadium.
4. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services on the Effective Date. Contractor shall provide the Services as described in Exhibit A and shall complete all Services during the Term consistent with any milestones specified in this Agreement. The Parties may adjust any performance milestones, service schedules or commencement dates by mutual written agreement.
5. QUALIFICATIONS OF CONTRACTOR – STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling to perform the Services, and its duties and obligations, expressed and implied, contained in this Agreement, and Stadium Manager expressly relies upon Contr actor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
B. Any plans, designs, specifications, estimates, calculations, reports, and other documents required to be furnished by Contractor under this Agreement shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such deliverable shall be a product of neat appearance and shall be well -organized, technically and grammatically correct, and checked, and shall identify the maker and checker. The minimum standard of appearance, organization, and content of the deliverable shall be that used by Stadium Manager for similar services.
6. TERM OF AGREEMENT.
The term of this Agreement (the “Term”) shall begin on the Effective Date and terminate on March 31, 2028 provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. All Services contained herein shall be completed prior to the end of the Term of this Agreement. The Stadium Manager shall have the option, in its sole di scretion, to extend the Term for additional one (1) year periods by notifying Contractor in writing of Stadium Manager's desire to exercise said option prior to the expiration of the then-current Term.
7. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contract or agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager may make corrections or replace Services and charge Contractor for the cost incurred by Stadium Manager.
8. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall be as fully responsible to Stadium Manager for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of 5 persons directly employed by it. Contractor will perform all Services in a safe manner and in accordance with all Applicable Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, policies and directives established or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regulations and policies, related to the use or operation of the Stadium (collectively, “Stadium Policies”).
The term “Applicable Laws” as used in this Agreement shall mean any statute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order, whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbitrator or other Governmental Authority, whether now or hereafter existing. The term “Governmental Authority” as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other body, whether legislative, judicial or ex ecutive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficient number of qualified personnel at the Stadium and, if applicable, the Related Facilities ( e.g., offsite parking areas ) for the performance of all of Contractor’s obligations under this Agreement.
C. Contractor’s authorized personnel who are scheduled to work at events at the Stadium (“Events”) shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities under this Agreement. Contractor shall be bound by and comply with all rules, policies and procedures relating to security and access rights, including requirements related to screening and identification of Contractor’s personnel, established from time to time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstr ucted use, occupation and control of the Stadium and ingress and egress for itself, its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits req uired to be obtained by Contractor by the terms of the Stadium Lease. Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof. Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permit necessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsibl e to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor’s breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material 6 breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the “Waste Reduction and Recycling Plan”) that targets 100% diversion of solid waste from all Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose of or discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside the Stadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor shall cause its employees to deposit such recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on non- Event days. Contractor shall take all action necessary to: (i) ensure that all such recyclables, compostables, trash and garbage are placed in bags and/or the appr opriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not easily susceptible to breakage or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up around the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables and trash do not spill out prior to or during transport. Contractor agrees to and is fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non- recyclable and non-compostable refuse to be removed from the Stadium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by Contractor and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium’s adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs incurred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the recycling or trash removal program, including the expense of returned or rejected recyclable, compostable and trash removals due to mixing or contaminating the trash flow in violation of Applicable Laws or specific directives provided to Contractor in writing as part of the Stadium’s sustainability and recycling, composting or trash removal programs. Stadium Manager will determine the type, appearance and location of the recyclable, compostable and trash receptacles.
G. Contractor agrees not to use Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties harmless for all Losses (as defined in Section 23.A below) arising out of its use, generation or storage of Hazardous Substances at the Stadium. ---
7 H. Contractors acknowledges and agrees that Services performed under this Agreement shall not create any right of lien for Contractor at the Stadium, which is a publicly owned building.
Contractor hereby waives and releases any right of lien against Stadium Manager, StadCo, the Authority, the City, and the Stadium for the Services or any other work performed by Contractor at the Stadium during the Term of this Agreement.
I. If required by Applicable Laws, Contractor shall file a payment bond for one hundred percent of the total amount payable hereunder with and approved by Stadium Manager.
9. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor’s operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
10. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
11. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications, construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include, without limitation, (i) employee pat - down and screening, (ii) presentment by Contractor’s employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria suc h as bar codes, “Mag Stripes”, “RFID” or other identifier systems; (iii) restricting access to certain parts of the Stadium to specified employees of Contractor as reasonably approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, at its sole expense, of Team- specified minimum background and such other security screening checks on all of Contractor's employees as the Stadium Manager shall request from time to time, which checks may vary as to job function.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and all persons necessary to provide the Services in accordance with the terms of this Agreement 8 and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first -class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager. Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and the location of the employee's assignment ( e.g., a Club or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactory to Stadium Manager. Contractor shall cause its employees to conduct themselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of thos e to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent, contractor or invitee of Contractor and permanently revoke such person's access credentials.
ii. Intentionally Left Blank.
iii. Contractor shall conduct regularly scheduled employee training programs appropriate to the Services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the “Employee Training Programs ”). The Employee Training Programs will be mandatory for all employees, agents and any subcontractors of Contractor and, at a minimum, will include customer service, guest interaction, security procedures and specific job skills training, and will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause all Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the Stadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent or subcontractor to work at an Event prior to his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. In no event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify, protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping (or lack of record keeping), including the legal identification and working status of Contractor's employees and 9 subcontractors, or for any other matters relating to Contractor's employees or subcontractors.
12. COMPENSATION AND PAYMENT.
A. In consideration for Contractor’s performance of the Services in accordance with the requirements of this Agreement , Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor in the amount(s) set forth in Exhibit B , entitled “Contractor Compensation and Fees.”
B. Contractor will invoice Stadium Manager for fees as set forth in Exhibit B , subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within thirty (30) days of Stadium Manager’s receipt of a valid invoice.
13. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if: (i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager’s reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., offsite parking areas), or any portion thereof, within twenty -four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (10) days after receipt of written notice from Manager of the particular failure to perform (or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty (60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 14; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 8.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing.
Contractor and Stadium Manager acknowledge and agree that terminat ion of this Agreement by Stadium Manager pursuant to this Section shall be “for cause.” B. Upon the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and related manuals and sof tware) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with this Agreement and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date (except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good cond ition, reasonable and ordinary wear and tear excepted and otherwise in compliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied. 10 C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a “Casualty Event”), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authorit y intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties’ obligations hereunder shall be abated during that period. If such notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shal l be effective one hundred twenty (120) days after the other party’s receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event of a Casualty Event.
D. The Parties acknowledge and agree that in the event that any permit required to be obtained by Stadium Manager for the full performance of the Services is not obtained by within a reasonable amount of time following the Effective Date, Stadium Manager shal l have the right in its sole discretion to terminate this Agreement upon written notice to Contractor. Upon such termination, the Parties shall mutually agree upon any remaining payment by or refund to Stadium Manager in good faith. In no event shall Stadium Manager be responsible for any labor or other costs for services not yet performed by Contractor at the time of the notice of termination
14. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or encumber (each, a “transfer”) this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection with such financing (each, a “Manager Assignee”), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager’s obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such Manager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) neither Contractor, nor to Contrac tor’s knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following the effective date of such employment, constitute the “Stadium Manager” for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo as deemed appropriate in the Stadium Manager’s sole discretion. 11 15. NO THIRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
16. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be borne exclusively by Contractor, including liability relating t o payments required to be made under, and documents to be filed with respect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
17. NO PLEDGING OF STADIUM MANAGER’S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, StadCo, Stadium Manager, their respective Affiliates , and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
18. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other information developed or received by or for Contractor and all other written information submitted to Contractor in connec tion with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential.
Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that i s subject to the California Public Records Act. Information disclosed to Stadium Manager on behalf of the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subject to public disclosure in accordance with the Public Records Act, including this Agreement and its terms.
19. NO USE OF STADIUM MANAGER NAME OR EMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager, Levi’s Stadium®, the San Francisco 49ers, or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
20. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible 12 for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
21. RIGHT OF STADIUM MANAGER TO INSPECT RECORDS OF CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accept ed accounting principles to establish the correctness of all charges submitted to Stadium Manager. Any expenses not so recorded shall be disallowed by Stadium Manager.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager’s reporting requirem ents with respect to Contractor’s Services hereunder.
22. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of Applicable Law.
23. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees (collectively, “Indemnified Parties”) from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “ Losses”), resulting to, imposed upon, asserted against or incurred by any of them (including in any action between the parties) in connection with or arising out of (i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a “Third Party Claims ”) against any Indemnified Party, the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extent the failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the right to participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor’s expense, if Contractor fails to (A) assume the defense within ten (10) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
13 24. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any longer time period set forth in Exhibit C entitled “Insurance Requirements” and attached hereto and incorporated herein by this reference, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as required in Exhibit C.
25. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
26. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
27. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
28. WAIVER
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement
29. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Attention: Francine Hughes, 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 as follows:
Attention: Art Rodriguez, Vice President – Sports and Entertainment Address: ABM Industry Groups, LLC
1150 South Olive Street, Suite# 1900
Los Angeles, CA 90015
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given if there is a computer-generated 14 confirmation of receipt returned to the sender on the date of transmission. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
30. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
31. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
32. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours) provided the Parties may mutually agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fe es, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert’s fees, and attorney’s fees. If mediation does not resolve the dispute, the Parties agr ee that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contract Code.
33. COMPLIANCE WITH ETHICAL STANDARDS.
By executing this Agreement, Contractor promises and agrees that it and all of its members, officers, employees, agents, subcontractors and authorized representatives will comply with the “Ethical Standards for Contractors Seeking to Enter into an Agreement with Stadium Manager” attached hereto as Exhibit D and incorporated herein by this reference.
34. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code 15 Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
35. LABOR COMPLIANCE REQUIREMENTS.
A. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total c ompensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s princi pal place of bus iness and at the project site.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
B. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primar y responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civ il penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
C. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one half (1 1/2) times the basic rate for that worker.
D. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with t his Section. Should noncompliance still be evident after such 10- day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. Th e responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor 16 Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
E. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Notwithstanding the foregoing, the contractor registration requi rements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
F. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Agreement and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager.
Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
G. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below. i. Division of Apprenticeship Standards (DAS) 140 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Services performed under this Agreement or ten (10) days of Agreement execution.
ii. DAS 142 Form (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Services involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided following this initial submission with future applications for payment in the event those applications are for Services involving an apprenticeable craft or trade classification not covered under the first application for payment. iii. California Apprenticeship Council (CAC) Form CAC-2; Training Fee Contributions (applicable if the compensation paid or to be paid to Contractor is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code Section 1777.5, as it may be amended from time to time, via submission of completed Form CAC -2 17 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager.
iv. Certified Payroll Records; Statement of Compliance. Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A -1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Services, Contractor must additionally submit a signed Statement of Non-Performance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law.
v. Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement(s) for the crafts and trade classifications utilized to perform the Services covered by any application for payment. All Fringe Benefit Statements must be submitted with the application for payment to which each applies.
vi. Demand for Compliance Records. At any time during or subsequent to the full performance of the Services under this Agreement and in addition to the obligations set forth above, Stadium Manager and/or the Authority may require Contractor to produce and or correct and re- submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Authority, prior to full release of payment. vii. Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved.
Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above.
[Signatures continued on next page]
18 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly appointed representatives as of the Effective Date.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By:_________________________________
Name: Francine Hughes
Title: Executive Vice President and General Manager
CONTRACTOR:
[INSERT CONTRACTOR NAME]
By:_________________________________
Name: [ insert name]
Title: [ insert title]
--
19 EXHIBIT A
SCOPE OF SERVICES
1. OVERVIEW
Contractor shall provide the following services at the Stadium, as directed by Stadium Manager. These services encompass various critical components:
a. Year-Round Maintenance: Continuously provide janitorial services throughout the stadium. b. Event Cleaning: Comprehensive cleaning services for Levi’s® Stadium, including football games, soccer matches, concerts, and special events. This involves pre-event, event, and post-event cleaning, ensuring the stadium is meticulously maintained. c. Special Event Support: Cleaning assistance for special (catered) events organized by the Special Events team, such as proms, parties, and receptions. This includes pre-events, events, and post- event cleaning services.
d. Ancillary Services: Additional cleaning tasks as required, which is further outlined below. (Quote additional services as requested before the commencement of work) e. Quarterly, biannual and annual cleaning services are also part of this category.
Janitorial duties entail various responsibilities, including pressure washing designated areas within the Stadium, trash collection, recycling, and floor care maintenance. These services must adhere to stringent guidelines, ensuring:
Effective and efficient staffing
Implementation of professional and standardized processes Reliable and responsive services
Focus on health, safety, and environmental sustainability Delivery of a positive customer experience
Transparent pricing and billing practices
Embracing innovation for continual improvement
Furthermore, all contractor employees and subcontractors are expected to maintain a neat and professional appearance by wearing the uniforms provided. The contractor must execute services with the standard of care, skill, and diligence expected in the industry, taking full responsibility for the accuracy and quality of their work and materials supplied.
2. EVENTS AT LEVI’S® STADIUM
Levi’s® Stadium typically hosts approximately twenty major events per year. a. Ten National Football League, San Francisco 49ers, home football games or more b. Two to six major concert acts
c. Two to four national and international sporting events
Levi’s® Stadium also hosts more than 500 small to medium-sized special events annually. Examples are:
Field Events
Trade Shows
Expositions
Galas
Food and Beverage Fairs
High School Proms
Corporate Events
20 3. MINIMUM QUALIFICATIONS
Through the contract term, Contractor must demonstrate experience as a prime contractor providing full - service janitorial services at a sports facility or other large commercial facility that has achieved or is in the process of achieving the LEED Existing Building (EB) certification. Familiarity with the requirements for achieving and maintaining LEED certification is required.
4. GENERAL REQUIREMENTS
a. All contractors’ employees shall be fully trained and qualified to perform services as specified in the RFP.
b. Stadium Manager assumes no responsibility for loss or damage to equipment owned or operated by the contractor, its agents, or employees.
c. The contractor shall assign an account service/support representative responsible for managing services, including escalation as applicable.
d. The contractor’s account representative and Stadium Manager shall meet, as scheduled and as needed, to review work and ensure compliance with contract requirements and obligations. e. The contractor shall be responsible for obtaining all necessary permits and licenses, etc. required for performance, providing all the necessary notices, paying all fees required by law, and complying with all laws, ordinances, rules, and regulations relating to the work and preservation of the public health and safety.
5. DETAIL CLEANING BY TYPE
Exhibit A-1, Detail Cleaning by Type, provides general guidance regarding the scope of Services under each category/type of cleaning performed by Contractor on a routine or as-needed basis. Exhibit A-3, Cleaning Services Detail, provides additional details on the daily, event, and ancillary type Services required by Stadium Manager.
6. LICENSES AND PERMITS
Contractor shall obtain and maintain all necessary licenses and/or permits to operate a cleaning service within the City of Santa Clara, Santa Clara County, and the State of California. Contractor must also comply with all applicable state and federal employment laws. Copies of all valid licenses and permits must be made available to Stadium Manager.
7. SAFETY AND TRAINING
Contractor shall accomplish all work in accordance with the requirements and in conformance with all applicable Occupational Health and Safety Administration (OSHA) standards, rules and regulations, and orders established by the federal, State of California, County of Santa Clara, and the City of Santa Clara.
Contractor shall provide ongoing comprehensive documented training for its employees. All Contractors' employees shall be trained in methods and materials for general cleaning. Training programs shall include, but not be limited to, workplace safety, material safety data sheets, Cal-OSHA regulations, bio- hazard cleanup, and all other applicable safety regulations.
8. ACCOUNT MANAGEMENT AND INVOICING REQUIREMENTS
Contractor shall be required to provide customized account management and adhere to invoicing requirements as required by the Stadium Manager under the agreement to facilitate various types of payments based on the type of cleaning services provided. Stadium Manager has multiple entities
21 and utilizes both private and public funds. The ability to accurately track the time for each Event and each location is critical.
Stadium Manager is using Coupa, a business spends management platform. All purchase orders, invoices, and payments will be handled electronically using the Coupa Supplier Portal. Contractor shall work with Stadium Manager to establish all account information necessary to process payments under this Agreement via the Coupa Supplier Portal.
9. MANAGEMENT PLAN
Contractor must deliver Services that exemplify high quality and professionalism, surpassing industry standards. Detailed Services requirements are outlined in Exhibit A-1 – Detail Cleaning by Type and Exhibit A-3 Cleaning Services Detail. Contractor must clearly articulate their strategy for meeting the quality assurance and performance standards set forth in this Agreement.
a. Description
Contractor shall execute the management strategy in collaboration with Stadium Manager detailing key personnel and their respective responsibilities within the on-site team and supporting contract personnel.
Contractor is required to provide a list of expected full-time positions.
b. Policies and Procedures
Contractor must maintain company's personnel policies and procedures, encompassing employee conduct guidelines and fan assistance protocols. Time and attendance procedures must be documented and maintained.
c. Reporting Processes
Outline labor reporting and billing procedures for daily work, event-based, annual, bi-annual, and quarterly services. Outline labor reporting and billing procedures for ancillary services not covered by fixed prices.
11. OPERATIONS PLAN
a. Staffing Plan
Contractor shall furnish a comprehensive staffing plan, inclusive of organizational charts, detailing the following as a baseline. Stadium Manager will work with Contractor to review and approve prior to each event during the planning and forecasting period:
Daily Coverage (Core Staff and Service): Present the number of positions, their assignments, and supervision structure for year-round cleaning operations encompassing offices, common areas, and exterior spaces from gates to the building for Levi’ Stadium core staff.
Pre-Event Staffing: Proposed number of personnel and supervisors and a comprehensive breakdown of duties for a pre-event prep service attended by 68,500 guests and for an event of 35,000 guests, lower bowl only.
Event Staffing: Proposed number of staff and supervisors along with their respective assignments for an event expecting an attendance of 68,500, utilizing all building areas, including seating sections, suites, clubs, and premium areas. Additionally, Contractor shall provide number of staff and supervisors for an event of 35,000 guests, lower bowl only.
Post-Event Staffing: Proposed number of personnel and supervisors and a comprehensive breakdown of
22 duties following an event attended by 68,500 guests and one for an event for 35,000 guests, lower bowl only.
Staffing and Management for Special Events (F&B Event): Proposed number of personnel and supervisors, alongside a detailed account of duties, for handling pre-event, event, and post-event cleaning of designated club spaces used for special events. (Contractor will provide a quote in advance for Stadium Manager approval on an event-by-event basis based on the specifications of each event)
Staffing and Management for Annual, Bi-Annual, and Quarterly Services: Contractor shall outline the proposed number of personnel alongside a detailed account of duties for these services.
Staffing and Management for Ancillary Services: Proposed number of personnel and supervisors alongside a detailed account of duties for Ancillary Services. Ancillary services include but are not limited to the following:
Parking lot cleaning which may include trash pickup and removal, sweeping of each parking lot at least by specified hours prior to the start of the following day Window washing (Quote additional services as requested prior to commencement of work) Concert flooring set-up and strike as needed (Quote additional services as requested prior to commencement of work)
Concert chair set-up and strike as needed (Quote additional services as requested prior to commencement of work)
Confetti clean-up as needed (Quote additional services as requested prior to commencement of work)
Clean and wash Public Safety vehicles (Quote additional services as requested prior to commencement of work)
Additional detailed work as defined by the Stadium Manager (Quote additional services as requested before commencement of work)
2. Cleaning Methodology
a. Develop and maintain, as approved by Stadium Manager, a detailed description of your proposed methodology and timeline for clean-up after each event. b. Ongoing carpet care and hard surface floor maintenance, including products, equipment, and processes.
Note: Levi’s® Stadium is LEED Gold certified. Contractor must comply with janitorial, cleaning, and purchasing requirements to maintain that certification. Contractor shall adhere to the sustainability practices, including approach to recycling and how LEED certification would affect the operation.
3. Equipment
Contractor shall supply all equipment necessary for executing janitorial services, responsible for maintaining and replacing this equipment and providing any additional equipment needed to fulfill the contract's requirements. Exhibit B-1 sets forth a list of equipment furnished by Contractor for providing Services under this Agreement.
All equipment listed in Exhibit B-1 must be new at the outset prior to its initial use for providing Services under this Agreement. The Stadium Manager retains the authority to approve all equipment. Contractors must itemize each piece of equipment, specify quantities, and include the purchase price per item.
Contractor must ensure that all gas and electric-powered equipment, including machines and portable tools, complies with current Federal, State, Local, and OSHA regulations. Additionally, all equipment must be maintained in optimal operating condition at all times and be available for inspection by the Stadium Manager as part of their due diligence process.
23 Stadium Manager retains the authority to condemn the Contractor’s equipment if it is deemed unsafe for use or poses a health and safety risk.
In the event of damage that could compromise the safe operation of the contractor’s equipment, said machine(s) must not be used on the premises until properly repaired. Warning signs indicating the damaged status of the machine(s) must be affixed, and the equipment should be removed from the premises until repaired or replaced.
Floor machines and vacuums must be equipped with rubber bumper guards. Whenever feasible, all equipment should be electric-powered.
4. Uniforms
Contractor shall provide uniforms and maintain standards regarding the appearance of managers, supervisors, and workers, as required by Stadium Manager.
5. Quality Control Plan
To ensure effective operations and ongoing enhancements, Contractor must submit and maintain a written Quality Control Plan, subject to further refinement in collaboration with the Stadium Manager. This plan will serve as the foundation for assessing service quality and identifying areas for improvement. It will also obligate the Contractor to achieve the service level defined by the Stadium Manager.
At a minimum, the Plan should encompass the following elements:
a. Scheduling of work, including inspection processes and the use of inspection forms b. Staffing for quality control purposes
c. Internal communication channels and mechanisms for accountability d. Communication and coordination protocols with arena operations staff A detailed description of Contractor’s Safety Program, including policies and procedures, ensuring comprehensive coverage of safety assurance measures must also be maintained and provided to Stadium Manager.
6. Training
Contractor shall provide a detailed description of the Training Program, including Customer Service, Safety, Job Specific, and Supervisor Training for review and approval by Stadium Manager.
7. Smart Technology
Contractor will be responsible for deploying approved smart technology throughout the S tadium, wherever feasible. This technology will give the Stadium Manager essential feedback on various aspects, including overall cleanliness, customer satisfaction, encountered issues, time of day, traffic counts, and the most utilized areas. The technology will also incorporate Employee Wayfinding or a similar system to track staffing areas, excluding cleaning staff from people counting software. The data collected by t his installed technology will equip the Stadium Manager with the necessary feedback to address repairs promptly, make timely decisions, and surpass customer expectations.
Additionally, Contractor shall propose options that are not listed but would prove advantageous in a stadium environment. Contractor shall describe the system's reporting capabilities, including available "out of the box" reports and actual reports generated. Contractor will be responsible for the maintenance and support of the smart technology and associated equipment throughout the T erm, including any option years.
All sensor technology if acquired under this Agreement shall remain the property of the Stadium Manager upon the expiration of the Term. Furthermore, any information generated by the sensor technology is strictly prohibited from being sold, transferred, or shared with any party outside the Stadium Manager.
24 The Stadium Manager reserves the right to request alternative solutions and will collaborate with the Contractor to determine pricing accordingly.
8. Supplemental Materials
Contractor shall submit narrative and supplemental materials detailing the recruitment, hiring, performance evaluation systems, and any other monitoring or practices to ensure competent, motivated, and well-trained management and employees.
25 EXHIBIT A-1
DETAIL CLEANING BY TYPE
The information covers various aspects of cleaning operations, including pre-event, event, and post-event cleaning, routine daily cleaning, ancillary services, and special events. This provides a clear understanding of the scope of Services expected from the Contractor on a routine or as-needed basis.
1. DAILY CLEANING DUTIES
Additional Clarifications:
- Ensure all high-touch surfaces are sanitized with EPA-approved disinfectants. - Regularly monitor cleaning inventory levels and replenish supplies proactively.
a. Shared Stadium Operations Areas S.C.S.A. Office, Concessionaire offices, Concessionaire locker room, bank vault (upon request with supervision), West Field Club, East Field Club, Restrooms, Turf Management (Office), Security, Safety Command, Multi-Purpose Room, Visiting Team Locker room, Auxiliary Locker room A & B, officials Locker room, Ball Person Locker room, Paper Goods Storage, Guest Services Room, Field Photographers, Green Room, High Bay Storage (upon request), Santa Clara Police Department briefing and Holding cell, Trash and Recycling Room, Engineering (Office), Ticket Box Office, Tower Atrium, 300-level West club, 400-level West club, Press Box, Press dining, and Rooftop deck.
i. Vacuum carpet, shampoo, and extract if necessary.
ii. Dust and polish all furniture and fixtures as needed
1. Contractor will not move business or personal items from employee desks or cubicles.
iii. Empty all trash, recycling, and compost receptacles and bring them to the trash room for disposal in the proper compactor.
iv. Clean all restrooms and shower areas as necessary.
v. Clean all kitchenettes & break areas as necessary
1. Appliances not included in daily cleaning but can be cleaned upon request
2. Refrigerator cleaning requests require advance scheduling & removal of all food & beverages before cleaning
vi. When necessary, sweep and mop all resilient/hard floors, including V.C.T., concrete, and tile.
vii. Wipe down all walls when necessary.
viii. Clean/Disinfect all doors and door handles daily. ix. Clean air registers are available in office spaces, locker rooms, and break rooms when necessary.
x. Clean surrounding ceiling tiles around air registers as necessary. xi. Spider web cleaning throughout the offices, locker rooms, and shops up to arm's reach in height as necessary.
b. Service Level Corridor, Concourses, Lobbies, Entryways, Elevators, Escalators i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Sort all event trash into proper waste streams: landfill, recycle, and compost. iii. Clean and polish drinking fountains as necessary.
iv. Vacuum carpet and mats, shampoo, and extract if necessary. v. As necessary, sweep and mop all resilient/hard floors, including concrete and tile.
26 vi. Machine scrub as needed or as directed by 49ers Stadium Management Company.
vii. Damp wipe all flat surfaces and rails as necessary. viii. Wipe down all walls and clean doors and door handles. ix. Clean glass windows and doors as necessary.
x. Remove Stickers when needed.
xi. Remove and clean spider webs as necessary.
xii. Clean all stainless steel per the manufacturer's specification as necessary.
c. Restrooms, Showers, Auxiliary A &B, Visitors’ Locker Room i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Damp wipe/disinfect waste containers as necessary.
iii. Restock dispensers as necessary.
iv. Change batteries in dispensers when needed.
v. Damp wipe/disinfect dispensers and sinks.
vi. Clean and disinfect urinals, toilets, and toilet seats. vii. Clean all mirrors as necessary.
viii. Clean sinks as necessary.
ix. Clean fixtures and furnishings as necessary.
x. Clean all shower stalls and fixtures and ensure they are disinfected as necessary.
xi. Clean the hydrotherapy room and ensure it is disinfected. xii. Clean medical and rehabilitation rooms and disinfect them. xiii. Wipe down all walls and partitions.
xiv. Empty and clean sanitary napkin boxes and re-line them with new wax bags. xv. Clean all stainless.
xvi. Sweep and mop floors with disinfectant.
xvii. Wipe down and dust all vents as necessary.
xviii. Dusting of all fixed and movable furniture cleaned, and spots removed if necessary.
xix. Lockers shall be cleaned on the exterior and interior, as needed or requested. xx. All carpets shall be vacuumed, extracted if needed, and spot-cleaned by the manufacturer's specifications.
xxi. The ball-person locker room was cleaned, and surfaces were wiped and disinfected.
xxii. Women’s Locker Room cleaned, surfaces wiped and disinfected. xxiii. Equipment Locker Room cleaned, surfaces wiped and disinfected.
d. Loading Dock, Ramps, Trash Rooms
i. Machine scrub where applicable
ii. Clean and remove debris in drains to ensure they work correctly. iii. Wipe down all walls, rails, and flat surfaces bi-weekly. iv. Clean glass windows of the Safety and Security Command Center v. Ensure areas are free of debris, empty containers, and bins. vi. Adhere to Sustainability/Recycling Procedures with agreed-upon trash diversion.
e. Atrium walkway, Sidewalks, Bridges A, B, C, and Gold Lot 4 & 5 (Parking Lot) i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Pick up debris and sweep as necessary.
iii. Pick up trash and cigarette butts from the landscape up to the creek bed.
27 iv. Wipe down benches and architectural features as necessary. v. Remove stickers, ensuring that all adhesive residue is gone. vi. Remove gum from concrete and hardscape if necessary. vii. Remove graffiti from bridges, buildings, or wherever else necessary. viii. Power wash and machine scrub as necessary
f. Utility Rooms – Mechanical, Electrical, Data/Communications, Storage, Janitorial, Trade Shops (Contractor will maintain all Janitorial Storage Rooms, Trash Rooms, & Janitorial Closets daily; Mechanical, Electrical, Data/Communications, Storage, & Trade Shops would be considered an additional service to be quoted separately as requested) i. Sweep floors and machine scrub as necessary (treat and remove stains) ii. Remove debris and empty waste containers.
iii. Wipe surfaces as necessary.
iv. Clean Doors and Door handles
2. DAILY CLEANING DUTIES – TENANT EXCLUSIVE AREAS
Additional Clarifications:
- Ensure all high-touch surfaces are sanitized with EPA-approved disinfectants. - Regularly monitor cleaning inventory levels and replenish supplies proactively.
a. Stadium Operations, Museum Hall of Fame, Cheer Leading Locker Room, Working Local Media, Tailgate Restaurant, Auditorium, Football Home Locker Room, Football Equipment Room, Football Washing Room, Coaches Locker Room, Family Room, Football Communications office, Stadium Audio/Video 100 service level, Game Day presentation control room, Game Day 800 level office, T.V.T.V. & Radio studio space, Owner’s Club 500 level, North/South Club 500 level, Suite Tower’s 500,600,700 and 800 level 6 suites (08.51.02 49ers Admin, 815,816,817,818,819). i. Vacuum carpet, shampoo, and extract if necessary.
ii. Dust and polish all furniture and fixtures.
iii. Empty all trash, recycling, and compost receptacles and bring them to the trash room for disposal in the proper compactor.
iv. Clean all restrooms and shower areas as necessary.
v. When necessary, sweep and mop all resilient/hard floors, including V.C.T., concrete, and tile.
vi. Wipe down all walls when necessary.
vii. Clean/Disinfect all doors and door handles daily.
viii. When necessary, clean air registers in office spaces, locker rooms, and break rooms.
ix. Clean surrounding ceiling tiles around air registers as necessary. x. Spider web cleaning throughout the offices, locker rooms, and shops up to arm's reach in height as necessary.
xi. Service Level Corridor, Concourses, Lobbies, Entryways, Elevators, Escalators xii. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
xiii. Sort all event trash into proper waste streams: landfill, recycle, and compost. xiv. Clean and polish drinking fountains as necessary.
xv. Vacuum carpet and mats, shampoo, and extract if necessary. xvi. Sweep and mop the black rubber floor between the Football locker Room and the Family Room.
xvii. Machine scrub as needed or as directed by 49ers Stadium Management Company.
xviii. Damp wipe all flat surfaces and rails as necessary.
28 xix. Remove Stickers when needed.
xx. Clean all stainless steel per the manufacturer's specification as necessary. xxi. Restrooms, Showers, Football, and Coach's Locker Room. xxii. Clean wet room therapy and ensure no visible signs of mold. xxiii. Clean the hot, dry therapy room and ensure it is disinfected. xxiv. Damp wipe/disinfect waste containers as necessary. xxv. Restock dispensers as necessary.
xxvi. Change batteries in dispensers when needed.
xxvii. Damp wipe/disinfect dispensers and sinks.
xxviii. Clean and disinfect urinals, toilets, and toilet seats. xxix. Clean all mirrors as necessary.
xxx. Clean sinks as necessary.
xxxi. Clean fixtures and furnishings as necessary.
xxxii. Clean all shower stalls and fixtures and ensure they are disinfected as necessary.
xxxiii. Clean medical and rehabilitation rooms and disinfect them. xxxiv. Empty and clean sanitary napkin boxes and re-line them with new wax bags. xxxv. Clean and wipe down the Kitchenette/Break Room and check the dishwasher to see if it needs cleaning.
xxxvi. Sweep and mop floors with disinfectant.
xxxvii. Wipe down and dust all vents as necessary.
xxxviii. Dusting of all fixed and movable furniture cleaned and spots removed if necessary.
xxxix. Lockers shall be cleaned on the exterior and interior, as needed or requested. xl. The Women’s Locker Room was cleaned, and surfaces were wiped and disinfected.
xli. The equipment locker room was cleaned, and the surfaces were wiped and disinfected.
xlii. The equipment washing room was cleaned, and the surfaces were wiped and disinfected.
3. PRE-EVENT CLEANING
Additional Considerations:
- Conduct final inspections to identify any areas requiring re-cleaning before gates open. - Coordinate closely with event staff to ensure cleaning schedules align with setup times.
a. Most of the cleaning takes place in the Post Event Cleaning. However, there are areas where the janitorial Contractor will be required to clean after the event setup before the Event starts. If the post-event cleaning is complete, most pre-event cleaning requires touching up spaces that have already been cleaned.
b. The primary areas needing attention are floors, glass surfaces, and restrooms set up for staff use.
c. The seating bowl will be pressure washed as part of the post-event cleaning after every major ticketed event. Before each event, Contractor will inspect the seating bowl & provide recommendations to 49ers on whether a seat wipe or full pressure wash is needed to restore the bowl to event-ready condition, since weather, time between events, & other uncontrollable factors could dictate the service required d. The service level tunnel must be scrubbed and cleaned before the Event. e. Public inner and exterior concourses must be scrubbed and cleaned before stanchion placement. (Stanchion placement schedule will be provided to Contractor for each event)
29 f. All Plazas, public concourses, atrium walkways, sidewalks, and entryways will be swept and scrubbed on the event day to ensure a clean look before gate opening and the Event.
g. All stainless steel is to be smudge-free before premium gates open. h. The exterior of all permanent concession stands will be cleaned before the Event. Food & Beverage is responsible for cleaning everything from the front of the counter into the concession stand.
i. The exterior of concession concrete masonry unit blocks must be clean and free of dirt, spider webs, and debris.
j. Waste removal will also be paramount as food, beverage, and merchandise are unpacked before an event. Contractor will place tilt trucks in designated areas of the concourses for Food & Beverage/Merchandise to utilize for disposal of materials from stocking their stands. Contractor will be responsible for transporting full tilt trucks to the compactor room & disposing of trash in the appropriate waste stream. k. All trash, recycling, and compost bins will be tightened up and lined up with the brand partner name and logo on the middle receptacle facing walkways. l. All trash and debris will be cleaned up from exterior fencing and other railings in and around the Stadium, concourses, plazas, sidewalks, loading docks, television broadcasting compound, playing field, parking lot, and Employee check-in area. m. Bridges designated A, B & C need sweeping, trash picked up, and any stickers or graffiti removed.
n. Gate A needs all seating cleaned and wiped free of dirt, debris, or bird droppings. o. All exterior handrails and metal thresholds on escalators must be cleaned and free of grease, debris, or other substances.
p. Pressure wash all stairwells of debris and bird droppings throughout the Stadium quarterly
q. Museums need to be mopped and vacuumed where necessary to ensure clean presentations when planned to be opened for an event.
r. Cleaning of eleven (11) police vehicles used at the Stadium before the Event. s. Locker Rooms, if activated, need to be cleaned and event-ready. t. Ensure all restrooms are re-stocked with paper supplies, liners, & hand soap
4. EVENT CLEANING
Expanded Responsibilities:
- Provide real-time response teams to address cleaning issues during live events. - Assign dedicated personnel to premium and VIP areas for consistent cleanliness.
a. Maintain and stock all Restrooms.
b. Sweep all elevator tracks.
c. 11+ Parking Lots cleaned and maintained during large-scale events and trash removal into open-top containers. Hot coals will be disposed of into designated hot coal bins . d. Continually monitor suites, clubs, and premium areas. e. Remove trash, recyclables, and compost from all areas of the Stadium and site. f. Atrium walkway and walkway/concourse operations will commence before the opening of the stadium doors to support pre-event-hosted activities at the Plaza entrances. g. Pick up trash and cigarette butts from the landscape up to the creek bed. h. Operate the Trash Room
i. Adhere to Sustainability/Recycling Procedures
ii. Trash diversion to proper compactors before tossing trash in compactors by hand.
i. Monitor public and private concourses and keep them free of debris and spills.
30 j. Monitor ramps and stairways used for public egress and keep them free of debris and spills.
k. Monitor loading dock and service corridor to V.I.P. Parking l. Provide a Housekeeping Dispatcher to staff the Event Command Center (ISS 24/7) i. Sufficient staffing to support at-scale stadium events and staff to respond to Housekeeping Incidents throughout Levi's Stadium
5. POST-EVENT CLEANING TASKS
Expanded Responsibilities:
- Provide real-time response teams to address cleaning issues during live events. - Assign dedicated personnel to premium and VIP areas for consistent cleanliness.
a. Plaza and Sidewalks
i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Sort all trash into proper waste streams in the trash room: compost, recycle, and landfill.
iii. Pick up all debris on hardscape and landscape around the Stadium (incl cigarette butts)
iv. Sweep Plaza, stairs, and sidewalks.
v. Machine scrub stains throughout where necessary.
vi. Power wash where necessary.
vii. Remove stickers, ensuring that all adhesive residue is gone. viii. Remove gum from concrete and hardscape if necessary.
b. Concourse Restrooms
i. Pick and sweep restroom floors.
ii. Scrub, mop, and disinfect restroom floors.
iii. Scrub, wipe down, and disinfect toilet bowls.
iv. Scrub, wipe down, and disinfect sinks.
v. Wipe down walls.
vi. Wipe and clean mirrors.
vii. Wipe down air vents.
viii. Wipe down doors.
ix. Restock restroom dispensers and verify proper function. If not functioning properly, replace batteries and report the issue to ISS 24/7
c. Concourses
i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Sweep, mop, and machine scrub floors.
iii. Clean escalators, treads, comb plates, and stainless/glass balustrades iv. Clean stairways, wipe down handrails, wipe stair support steel. v. Clean Restrooms
a. Pick and sweep the restroom floor.
b. Scrub, mop, and disinfect the restroom floor.
c. Scrub, wipe down, and disinfect toilet bowls.
d. Scrub, wipe down, and disinfect sinks.
e. Wipe down walls.
f. Clean mirrors
g. Wipe down air vents.
h. Wipe down doors.
31 i. Restock restroom dispensers.
j. Clean tables and stools
k. Wipe down the front of the concessions.
l. Clean glass doors and windows.
m. Clean drink rails, handrails, and bump rails.
n. Remove stickers, ensuring that all adhesive residue is gone. o. Remove gum.
p. Wipe down concrete and steel columns and beams within arm’s reach q. Clean entrances, lobbies, and vestibules.
r. Vacuum and machine scrub mats, shampoo, and extract as necessary. s. Wipe handles and door hardware.
d. Service Level
i. Empty all trash, recycling, and compost receptacles and bring them to the Service Level Trash Room.
ii. Sort by trash liner color all trash in the trash room into proper waste streams:
compost, recycle, landfill.
iii. Sweep, mop, and machine scrub floors.
iv. Clean the holding cells.
v. Clean stairways, wipe down handrails, wipe stair support steel. vi. Clean Restrooms and Locker Rooms.
1. Pick and sweep floors.
2. Scrub, mop, and disinfect floors.
3. Scrub, wipe down, and disinfect toilet bowls.
4. Scrub, wipe down, and disinfect sinks.
5. Scrub, wipe down and disinfect showers.
6. Wipe down walls.
7. Clean mirrors.
8. Wipe down air vents.
9. Wipe down doors.
10. Restock restroom dispensers.
11. Clean Break Rooms.
12. Wipe and disinfect tabletops and flat surfaces.
13. Wipe chairs and furniture.
14. Clean glass surfaces.
15. Clean appliances.
16. Vacuum carpets and mats, shampoo, and extract if necessary.
17. Clean glass doors and windows.
18. Remove stickers, ensuring that all adhesive residue is gone.
19. Remove gum.
20. Wipe down concrete and steel columns and beams.
e. Elevators
i. Clean and wipe all flat surfaces.
ii. Sweep and mop floors.
iii. Clean doors and jambs
iv. Wipe, clean, and disinfect the display and button panel. v. Use stainless cleaning products where appropriate.
f. Club Areas, Corridors, Press Areas
i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
32 ii. All trash must be sorted into respective waste streams 48 hours after large-scale events.
iii. Clean escalators, treads, comb plates, and stainless/glass. iv. Clean stairways in United Club, wipe down handrails, wipe stair support steel. v. Clean Restrooms
1. Pick and sweep the restroom floor.
2. Scrub, mop, and disinfect the restroom floor.
3. Scrub, wipe down, and disinfect toilet bowls.
4. Scrub, wipe down, and disinfect sinks.
5. Wipe down walls.
6. Clean mirrors
7. Wipe down air vents.
8. Wipe down doors.
9. Restock restroom dispensers.
vi. Wipe down walls.
vii. Clean furniture and disinfect tabletops.
viii. Wipe down the front of concessions and bars.
ix. Clean glass doors, windows, and partitions.
x. Wipe down lighting within arm’s reach, picture frames, and architectural features. xi. Clean drink rails, handrails, and bump rails.
xii. Remove stickers, ensuring that all adhesive residue is gone. xiii. Remove gum from the floor.
xiv. Wipe down concrete and steel columns and beams.
xv. Vacuum and machine scrub mats, shampoo, and extract as necessary. xvi. Sweep, mop, and machine scrub all resilient/hard floors, including concrete and tile.
xvii. Clean stainless surfaces with an appropriate cleaner. xviii. Clean entrances, lobbies, and vestibules:
1. Clean glass.
2. Vacuum and machine scrub mats, shampoo, and extract as necessary.
3. Wipe handles and door hardware.
g. Player Locker Rooms
i. Empty all trash, recycling, and compost receptacles and bring them to the Service-level Trash Room.
ii. Clean Restrooms and Showers
1. Pick and sweep floors.
2. Scrub, mop, and disinfect floors.
3. Scrub, wipe down, and disinfect toilet bowls.
4. Scrub, wipe down, and disinfect sinks.
5. Wipe down and disinfect the walls.
6. Clean mirrors.
7. Clean the Barber Shop Chair area and mirrors.
8. Disinfect the Barber Shop Chair area and clean it.
9. Wipe down air vents.
10. Wipe down doors.
11. Restock restroom dispensers.
12. Clean Hydrotherapy Room.
13. Disinfect the Hydrotherapy Room.
14. Clean the Wet Therapy Room.
15. Disinfect the Wet Therapy Room.
16. Clean and Dry the Sauna Room.
33 17. Disinfect the Dry Sauna Room.
18. Clean furniture and disinfect tabletops.
19. Clean and disinfect athletic training and rehabilitation rooms.
20. Clean glass doors, windows, and partitions.
21. Wipe down lighting within arm’s reach, picture frames, and architectural features.
22. Wipe down concrete and steel columns and beams.
23. Vacuum and machine scrub carpets and mats, shampoo, and extract as necessary.
24. Sweep, mop, and machine scrub all resilient/hard floors, including concrete and tile.
25. Clean stainless surfaces with an appropriate cleaner.
h. Suites, Booths, Corridors, Lobbies
i. Empty all trash, recycling, and compost receptacles and bring them to the Trash Room.
ii. Dust and wipe all surfaces.
iii. Clean escalators, treads, comb plates, and stainless/glass balustrades iv. Clean stairways, wipe down handrails, wipe stair support steel. v. Clean Suite
vi. Vacuum and machine scrub carpets, shampoo, and extract as necessary. vii. Sweep, mop, and machine scrub all resilient/hard floors, including concrete and tile.
viii. Clean furniture and disinfect tabletops and flat surfaces. ix. Clean appliances
1. Appliances not included in post-event cleaning but can be cleaned upon request
2. Refrigerator cleaning requests require advance scheduling & removal of all food & beverages before cleaning
x. Clean glass and mirror surfaces.
xi. Clean stainless surfaces.
xii. Wipe walls and fixtures.
xiii. Wipe bowl seating, bump rails, drink rails, and handrails. xiv. Clean Restrooms
1. Pick and sweep the restroom floor.
2. Scrub, mop, and disinfect the restroom floor.
3. Scrub, wipe down, and disinfect toilet bowls.
4. Scrub, wipe down, and disinfect sinks.
5. Wipe down walls.
6. Clean mirrors.
7. Wipe down air vents.
8. Wipe down doors.
9. Restock restroom dispensers.
xv. Wipe down lighting within arm’s reach, picture frames, and architectural features. xvi. Clean drink rails and handrails.
xvii. Wipe down concrete and steel columns and beams.
xviii. Clean TVs and tablets with an appropriate cleaner.
i. Seating Bown/Sections
i. Seating and material separation.
1. Compostable material.
2. Recyclable material.
34 3. Trash (Landfill) material.
ii. Sweep and/or air blow the seating sections.
iii. Pressure wash seating sections, hard plastic chairs, and concrete stadia/stairs (areas that can be used).
iv. Machine scrub and water extract concrete in the Stadium. v. Damp wipe handrails, drink rails, and rails.
vi. Clean stainless surfaces with an appropriate polisher. vii. Clean glass railings throughout the bowl.
viii. Remove debris from seating bowl drains and grates. ix. Wipe columns and beams.
x. Wipe field padding.
xi. As necessary, pick, sweep, and mop in stadium dugouts on the east and west sides of the field.
xii. Wipe support steel as necessary.
xiii. Clean A.D.A. platforms and chairs.
xiv. Wipe Wi-Fi and D.A.S. antennas below seating as necessary.
6. ANNUAL CLEANING DUTIES
Additional Actions:
- Perform detailed inspections to assess wear and tear on facility surfaces. - Document and report any maintenance issues requiring escalation.
a. Annual Deep Cleaning of All Stadium Restrooms
I. Scrub, disinfect and rinse floors.
II. Wipe down and disinfect the walls.
III. Scrub, disinfect, and rinse urinals.
IV. Scrub, disinfect and rinse toilets.
V. Scrub, disinfect and rinse sinks.
VI. Wipe down and disinfect dispensers.
VII. Clean mirrors
b. Deep cleaning of the following spaces:
i. All suites (Inclusive of window system tracks)
ii. All locker rooms (Home, Visitor, Auxiliary A, Auxiliary B, Coaches, Officials, Cheerleaders, Ball Person, Administrative Office, Engineering, Stadium Operations.
iii. All clubs
iv. Clean All HVAC Louvers, Supply and Return Grilles (Annual) v. Wipe down and dust.
vi. Exterior Louvers need to be pressure washed and cleaned. vii. Clean All Trashcans and Tilt Trucks (Annual)
1. Gather all trashcans and tilt trucks at a central location on all levels.
2. Remove the plastic liner and clean and disinfect thoroughly.
3. Thoroughly clean all metal, removing all surface rust from cans.
4. Redistribute trash and recycling cans to their original location. viii. Grout Cleaning (Annual)
1. Scrub grout using a steam cleaner and grout brush in the following locations:
a. All restrooms and shower areas
b. Dining areas
c. Offices and break rooms
d. Suite and club spaces
ix. High and Low Element Cleaning (Annual)
35 x. Protect all electrical devices.
xi. Steel columns and beams.
xii. Gates and roll-up doors.
xiii. Utility racks on service level or where exposed.
xiv. Piping, conduit, cable trays, and ductwork.
xv. Concession stands on the roofs.
xvi. Light fixtures.
xvii. Gate and wayfinding signage.
xviii. Railings.
xix. Wall of Honor hard hat monument.
xx. Outdoor TV monitors
xxi. Concession Stand Cleaning (front of Concession stand only) (Annual)
1. Scrub and rinse the concrete face of the Concession Stand
2. Scrub and rinse the front floor space between the overhead door and countertop.
3. Scrub and rinse the overhead door front
xxii. Exterior Wayfinding Signage Cleaning (Annual)
xxiii. Pressure wash and wipe down all signage.
xxiv. DAS Antenna Dusting in Service Level Tunnel, Concourse, and Suites (Annual) xxv. Exterior Tower Glass Cleaning (Annual)
1. East-side glass cleaning.
2. West-facing tower glass cleaning.
3. North and South side glass cleaning
xxvi. Interior Tower Atrium Cleaning (Annual)
xxvii. West-facing Atrium glass cleaning.
1. Steel support beams and columns must be dusted.
7. BIANNUAL CLEANING DUTIES
Additional Actions:
- Perform detailed inspections to assess wear and tear on facility surfaces. - Document and report any maintenance issues requiring escalation.
i. All break and dining rooms
1. Wax and reseal of flooring (Bi-Annual)
ii. Deep Clean All Utility, Mechanical, Electrical, IT, Trade Shops and Cleaning Rooms (Bi-Annual)
1. Sweep the floor.
2. Machine scrub floors and ensure that all water is removed.
3. Remove stains on the floor or equipment pads.
4. Remove any large debris.
5. Wipe down surfaces and equipment, including exposed piping and ductwork.
8. QUARTERLY CLEANING DUTIES
i. Clean and refinish all vinyl tile areas throughout the stadium. ii. Sweep all elevator tracks.
iii. Dust 100-level fixtures/signage/doors & detail edge floor. iv. Vacuum NW Tunnel metal exhaust vents.
9. ANCILLARY SERVICES
Expanded Offerings:
- Offer specialized event cleaning for high-profile occasions.
36 - Implement enhanced sustainability practices to minimize environmental impact.
i. Parking lot cleaning, sweeping each parking lot at least by specified hours before the start of the event the following day, trash/glass pickup ii. Window washing. (Quote additional services as requested before commencement of work)
iii. The concert flooring was set up and torn down. (Quote additional services as requested before commencement of work)
iv. Confetti removal. (Quote additional services as requested before commencement of work)
v. The concert chair was set up and teardown. (Quote additional services as requested before commencement of work)
vi. Clean and wash public safety vehicles. (Quote additional services as requested before commencement of work)
vii. Additional detailed work is required as defined by the stadium manager. (Quote additional services as requested before commencement of work)
37 EXHIBIT A-2
LEVI’S STADIUM SPACE SQUARE FOOTAGE DETAILS
Space Total Square Feet
100 Level
Playing Field 104,966
Auditorium 2,885
Auxiliary LR A (Minus Operations Room) 1,073
Auxiliary LR B (Minus Operations Room) 1,070
BNY Mellon West (Visitor) 8,541
BNY Mellon East (Home) 6,288
Foxconn Industrial 19,189
Home Team Locker Room 3,650
Multi Purpose Space 5,102
Visitors interview media room 2,500
Visiting Team Locker Room 2,835
Museum 16,964
Cache Creek 912
Lexus Lounge 1,078
Photography Workroom 1,080
Service level tunnel 33,500
200 Level
Dignity Health Plaza (Gate C) 34,057
Intel Plaza (Gate A) 33,382
Toyota Plaza (Gate F) 23,808
SAP Atrium (Exterior) 21,600
SAP Atrium (Interior) 11,958
300 Level
United Club 25,896
Total 300 level concourse(does not include concessions/clubs) 213,487
400 Level
Levi's 501 Club (East) 19,195
Yahoo Club 13,292
Yahoo North Sports Zone 5,061
Yahoo South Sports Zone 5,074
500 Level
38 Citrix Owners Club 13,500
Cisco (includes Suite Hallways) 7,677
WebEx (includes Suite Hallways) 8,555
OC Suites x 33 11,550
Suites x30 10,500
600 Level
Suites x33 11,550
700 Level
Bud Light Deck (South) 17,661
Pepsi Deck (North) 18,497
Suites x34 11,900
Total 700 level concourse(does not include concessions/clubs) 81,080
800 Level
Press Dining Room (Elevator Bank/Hallways) 17,821
Press Seats (Field Facing)
900 Level
NRG Roof Deck (+Sky Boxes & Walkways) 6,462
Total Square Feet 835,196
39 EXHIBIT A-3
CLEANING SERVICES DETAIL
1. BASE BUILDING CLEANING STAFF (DAILY SERVICE)
Base building staff refers to a dedicated team responsible for maintaining the cleanliness and upkeep of a building's common areas, infrastructure, and essential services. This team includes workers who ensure that places such as lobbies, hallways, restrooms, stairwells, and elevators are consistently clean, safe, and presentable. Their duties encompass regular cleaning tasks like sweeping, mopping, vacuuming, dusting, trash removal, and sanitizing surfaces. The base building staff is crucial for creating a hygienic and welcoming environment for employees and visitors, thus enhancing the overall appeal and functionality of the stadium. This team often works closely with the stadium managers to ensure and to promptly address any cleaning or maintenance concerns that arise.
These areas include:
Loading Dock
Compactor Room
Levy Offices
SST Command
Engineering Shop & Offices
AV Shop
Stadium Operations
Local Media Room
49ers Locker Room
49ers PR Offices
Community Room
Museum
Ticketing Office
Community Impact & Foundation Offices
Service Tunnel
Gate F
2. PRE-EVENT, EVENT, AND POST-EVENT CLEANING
Pre-event and post-event cleaning for a janitorial contractor involves specialized services designed to prepare and restore the stadium before and after events. Pre-event cleaning focuses on ensuring the stadium is immaculate and ready for guests. This includes thoroughly cleaning all areas, such as floors, carpets, restrooms, suites, seating areas, service areas, and concourses. Tasks may involve dusting surfaces, sanitizing restrooms, polishing fixtures, arranging furniture, and ensuring all equipment is functional and correctly set up. The aim is to create a pristine and inviting environment that meets the specific requirements of the stadium managers.
Conversely, post-event cleaning involves returning the stadium to its original state once the event concludes. This can be more intensive due to significant debris and wear potential. It includes removing trash, dismantling, and storing event equipment, cleaning spills and stains from carpets and upholstery, disinfecting surfaces, and conducting a deep clean of restrooms and high-touch areas. The janitorial team may also handle concert floor cleaning and chair break-down tasks. Effective post-event cleaning ensures the stadium is quickly and efficiently restored and ready for its subsequent use and helps maintain Levi’s Stadium standards of cleanliness and hygiene.
a. Event Cleaning
Janitorial staff remain on-site to manage ongoing cleaning needs, such as promptly addressing spills, emptying trash bins, restocking restrooms, and ensuring all areas remain tidy and presentable for guests.
40 This real-time maintenance helps prevent any buildup of dirt or clutter, ensuring the event runs smoothly.
b. Pressure Washing
Power washing at Levi’s Stadium involves high-pressure water to clean and maintain various surfaces within and around the stadium. This task is essential for removing accumulated dirt, grime, mold, mildew, and stains from hard surfaces such as concrete walkways, seating areas, walls, and exterior facades.
Given the high foot traffic and exposure to the elements that stadiums endure, power washing helps maintain a clean and visually appealing environment. It can also be used to clean seating, concession areas, and restrooms, ensuring these spaces are sanitary and inviting for fans and visitors.
The process begins with a thorough assessment to identify areas that require attention, followed by specialized power washing equipment that can deliver water at various pressures and temperatures tailored to the specific cleaning needs. For example, hot water might be used for greasy stains, while lower pressure may be applied to more delicate surfaces to prevent damage. Power washing at a stadium also includes cleaning exterior surfaces such as entranceways and surrounding sidewalks, contributing to overall maintenance, and enhancing safety by removing slippery substances and potential hazards.
This comprehensive cleaning approach improves the stadium's aesthetic appeal, helps protect surfaces from long-term damage, extends the facility's lifespan, and ensures a pleasant experience for attendees.
Regular power washing is a key component of the stadium's maintenance plan, addressing cosmetic and sanitary concerns and supporting the stadium's reputation for cleanliness and professionalism. c. Staff Position Detail
Event cleaning staff positions for a janitorial contractor encompass a variety of responsibilities to ensure the stadium is clean, safe, and presentable before, during, and after events. Pre- event duties involve preparing the stadium for attendees by sweeping and mopping floors, vacuuming carpets, dusting surfaces, sanitizing restrooms, and ensuring seating areas are clean and debris -free. Staff also stock supplies such as toilet paper and hand sanitizers/soap and perform last-minute touch-ups to create a welcoming environment.
During the event, cleaning staff are strategically stationed throughout the stadium to provide continuous maintenance and support. They are tasked with promptly addressing spills, emptying overflowing trash bins, restocking restrooms, and ensuring high-traffic areas remain tidy. Their presence is crucial for maintaining cleanliness standards, responding to any immediate cleaning needs, and minimizing disruptions to the event experience.
Post-event responsibilities include a thorough cleanup to restore the stadium to its pristine condition. This involves collecting and disposing of trash, removing leftover food and drinks, deep -cleaning restrooms, wiping down seats and handrails, and performing a comprehensive sweep of the entire stadium.
Additionally, staff may handle more intensive tasks such as pressure washing concourses, cleaning graffiti, and addressing any damages during the event. The goal is to ensure the stadium is ready for its next event, maintaining high standards of cleanliness and hygiene to enhance the overall experience for future guests and visitors.
3. SPECIAL SVENTS (F&B EVENTS)
Special Events (F&B) event cleaning for a janitorial contractor involves meticulous and specialized tasks to ensure that areas, where food and drinks are prepared, served, and consumed, remain hygienic and presentable. Pre-event cleaning prepares these areas by thoroughly sanitizing surfaces, including countertops, tables, chairs, and food preparation zones. Additionally, floors in these areas are swept and mopped, and trash receptacles are emptied and lined.
41 During the event, the cleaning staff must be proactive and responsive, continually maintaining cleanliness and order. This involves promptly clearing spills, wiping down surfaces, emptying trash bins, and ensuring that restrooms and high-touch areas remain sanitary. Cleaning personnel also manage waste by regularly collecting and disposing of food waste, recyclables, and general trash to prevent overflow and maintain a tidy environment.
Post-event cleaning is extensive and aims to restore the stadium space to its original state. Tasks include removing all trash and food waste, deep-cleaning floors to eliminate food or beverage stains and sanitizing all surfaces. Restocking supplies and ensuring that all waste has been properly disposed of are essential for post-event cleaning. With this comprehensive cleaning approach, stadium areas are left spotless, hygienic, and ready for future events, maintaining high cleanliness and safety standards .
4. ANNUAL DEEP CLEANING/MAINTENANCE/ANCILLARY SERVICES
a. Parking Lots
Parking lot cleaning involves a comprehensive range of services to maintain parking lots' cleanliness, safety, and overall appearance. This includes routine and deep cleaning tasks to ensure that the parking lot remains free of debris, dirt, and hazards. Routine tasks typically involve sweeping and blowing away loose trash and other debris from the surface. Your staff may use specialized equipment such as power sweepers and blowers to cover large areas efficiently. Pressure washing is often employed to remove stubborn stains, oil spills, and grime buildup from the pavement.
Beyond these tasks, parking lot cleaning includes emptying and sanitizing trash receptacles, removing graffiti, and addressing any spills or hazards that could pose safety risks to pedestrians and vehicles.
Effective parking lot cleaning improves the property's aesthetic appeal, enhances safety, extends the pavement's lifespan, and creates a positive first impression for visitors and customers.
Parking lots should be turned over to Levi’s Stadium in event-ready condition, so pre-event touch-ups should be minimal.
b. Confetti (Quote additional services as requested prior to commencement of work) Confetti involves a thorough and systematic approach to removing all traces of confetti, which can be challenging due to its small size and tendency to scatter widely. Pre-event planning includes preparing the necessary equipment and tools, such as industrial vacuums, brooms, dustpans, and specialized confetti removal tools. Post-event cleaning begins with a comprehensive sweep of stadium areas to collect visible confetti from floors, seats, and other surfaces. Industrial vacuums with solid suction capabilities extract confetti from carpets, upholstery, and hard-to-reach places like under-seats.
c. Complete Interior Window Washing (Quote additional services as requested prior to commencement of work)
Complete interior window washing at a stadium involves a detailed and methodical approach to ensure all glass surfaces inside the stadium are spotless and free of streaks. This process starts with thoroughly assessing all interior windows, including those in suites, offices, press boxes, lounges, concession areas, and shared spaces. The cleaning team uses specialized tools such as squeegees, microfiber cloths, extendable poles, and eco-friendly cleaning solutions to remove dust, fingerprints, smudges, and other residues.
The procedure typically begins by removing loose dirt and dust with a dry cloth or duster, then applying a cleaning solution to break down grime and stains. Squeegees are then used systematically to wipe away the cleaning solution, ensuring a streak-free finish. Attention to detail is crucial, especially around edges and corners where dirt can accumulate. For hard-to-reach areas, such as high windows or behind fixtures, the team employs ladders, scaffolding, or extendable poles to clean every surface thoroughly.
42 Additionally, the cleaning staff inspects and cleans windowsills, frames, and tracks to remove any accumulated dirt or debris, ensuring the entire window area is pristine. This comprehensive cleaning enhances the stadium’s aesthetic appeal and improves visibility and natural light, creating a more pleasant environment for fans, staff, and visitors. Regular interior window washing is essential for maintaining the stadium's cleanliness and professional appearance. d. Complete Exterior Window Washing (Quote additional services as requested prior to commencement of work)
Complete exterior window washing involves a meticulous and comprehensive cleaning process designed to maintain all external glass surfaces' clarity, appearance, and longevity. This task begins with a detailed assessment of the stadium’s exterior to identify the various types of windows, their locations, and any specific challenges such as height or accessibility. Given Levi's Stadium's large scale and architectural complexity, this often requires specialized equipment such as water-fed poles, cherry pickers, scaffolding, or even rope access techniques for high or hard-to-reach windows.
The cleaning process typically starts with pre-washing to remove loose dirt, dust, and debris, which may involve using water-fed poles that spray purified water to break down and rinse surface grime. Next, a cleaning solution is applied to the windows to dissolve stubborn dirt, bird droppings, pollution residues, and other contaminants. High-quality squeegees are then used to remove the cleaning solution, ensuring a streak-free finish. For heavily soiled or difficult areas, scrapers or more intensive scrubbing tools may be employed.
Throughout the process, the cleaning team pays close attention to detail, ensuring that all edges, corners, and frames are thoroughly cleaned and residual grime-free. Additionally, gutters and ledges surrounding the windows are checked and cleaned to prevent buildup that could affect window cleanliness. A post - cleaning inspection ensures that all windows meet the highest standards of cleanliness and transparency.
Safety is critical to exterior window washing at a stadium, requiring harnesses, safety lines, and other protective gear to ensure worker safety during high-altitude tasks. Regular complete exterior window washing enhances the stadium's aesthetic appeal and protects the glass from long- term damage caused by environmental factors, ensuring a clear and welcoming view for visitors and improving the facility's overall maintenance.
e. Complete Building Cleaning Detail (Quote additional services as requested prior to commencement of work)
Complete stadium cleaning involves a comprehensive and systematic approach to ensure the entire facility is immaculate, sanitized, and ready for use. This extensive cleaning process covers all stadium areas, including seating sections, concourses, restrooms, concession stands, locker rooms, VIP suites, press boxes, offices, and exterior spaces. The cleaning team removes all visible debris, trash, and litter from floors, seats, and common areas using industrial-grade vacuums, sweepers, and trash receptacles.
Next, surfaces are thoroughly sanitized and disinfected to eliminate germs, bacteria, and viruses, with particular attention given to high-touch areas such as handrails, door handles, elevator buttons, and restroom fixtures. Restrooms undergo a deep cleaning, including scrubbing and sanitizing toilets, sinks, mirrors, and floors.
The cleaning team also addresses any specific cleaning challenges unique to stadiums, such as cleaning of specialized equipment and facilities for athletes and performers. Exterior spaces, including parking lots and sidewalks, are also included in the cleaning detail, with tasks such as power washing, graffiti removal, and litter pickup.
43 Attention to detail is paramount throughout the process, ensuring that every surface, corner, and crevice is thoroughly cleaned and inspected. Full stadium cleaning detail aims to create a safe, welcoming, and hygienic environment for players, staff, performers, and fans. Regular maintenance of this caliber enhances the stadium's appearance and reputation and contributes to the overall health and well -being of everyone who visits or works at the facility.
f. Furniture Cleaning
Furniture cleaning details encompass a comprehensive approach to maintaining the cleanliness and appearance of all furniture throughout the stadium. This includes seating in various areas such as seating sections, VIP suites, lounges, press boxes, and other types of furniture such as tables, chairs, benches, and countertops. The process begins with thoroughly assessing the furniture's condition to identify any stains, spills, or damage that requires attention.
Cleaning staff utilize appropriate cleaning solutions and techniques tailored to the material and finish of each piece of furniture, whether it's fabric upholstery, leather, vinyl, wood, or metal. Upholstered furniture undergoes deep cleaning to remove dirt, stains, and odors, often utilizing steam or specialized upholstery cleaning equipment. Leather surfaces are gently cleaned and conditioned to maintain appearance and suppleness, while wood and metal furniture are polished and treated to restore their luster and protect them from wear and tear.
Additionally, attention is given to cleaning and sanitizing high-touch areas such as armrests, table surfaces, and chair backs to ensure a hygienic environment for stadium visitors.
The furniture cleaning detail extends beyond the visible surfaces, including thoroughly cleaning undersides, corners, and crevices where dirt and debris accumulate. Regular maintenance of this caliber enhances the appearance and comfort of the stadium's furniture and contributes to a positive experience for fans, visitors, and staff, ensuring the stadium remains welcoming and inviting. g. Concert Chair Setup and Strike (Quote additional services as requested prior to commencement of work)
Chair setup and striking for stadium events involves carefully arranging and removing seating arrangements before and after events to ensure efficient use of space and a seamless experience for attendees. Chair setup begins with the deployment of seating arrangements according to the event layout plan. This includes arranging chairs in designated sections and ensuring proper spacing and alignment to accommodate the expected number of attendees while adhering to safety regulations. The setup process may involve transporting chairs from storage areas to the event space, arranging them in rows or sections, and securing them to prevent movement during the event.
On the other hand, chair striking involves the systematic removal and storage of chairs once the event concludes. This process requires coordination and efficiency to dismantle seating arrangements quickly and safely. Cleaning staff carefully stack chairs, often utilizing carts or dollies for transportation, and return them to designated storage areas. Throughout both setup and striking processes, janitorial contractors may also be responsible for inspecting chairs for damage or cleanliness issues and making any necessary repairs or cleaning to ensure the chairs are in optimal condition for future events. Effective chair setup and striking services are essential for facilitating smooth event operations and maintaining the stadium's reputation for professionalism and efficiency. h. Floor Care
Floor care involves a comprehensive approach to maintaining the cleanliness, safety, and appearance of all flooring surfaces throughout the stadium. This includes a variety of tasks tailored to each type of
44 flooring material, such as concrete, tile, vinyl, hardwood, carpet, and synthetic turf. The floor care regimen typically begins with routine maintenance tasks such as sweeping, vacuuming, and mopping to remove loose dirt, debris, and spills from the floors.
Additional steps for hard flooring surfaces such as tile or concrete may include scrubbing with specialized floor scrubbers or buffers to remove embedded dirt and stains, followed by polishing or sealing to enhance shine and protect the surface. For carpeted areas, regular vacuuming is supplemented with periodic deep cleaning methods such as hot water extraction or dry cleaning to remove dirt, stains, and allergens from the carpet fibers.
Special attention is given to high-traffic areas, entrances, and corridors, where dirt and wear are most pronounced. These areas may require frequent cleaning and maintenance to ensure they remain clean, safe, and presentable for stadium visitors. The cleaning team also addresses any specific challenges unique to the stadium environment, such as turf care for outdoor stadiums or specialized cleaning and maintenance for athletic facilities.
Floor care for a stadium also encompasses preventive maintenance measures to prolong the lifespan of the flooring and minimize the need for costly repairs or replacement. This may include routine inspections to identify and address issues such as cracks, uneven surfaces, or worn-out areas before they escalate.
Effective floor care is essential for maintaining a positive impression of the stadium, ensuring the safety and comfort of visitors and staff, and protecting the investment in its flooring surfaces. Regular and thorough floor care services help to uphold the stadium's reputation for cleanliness, professionalism, and excellence in facility management.
i. Carpet Extraction
Carpet extraction involves a thorough and specialized cleaning process to remove deep- seated dirt, stains, and allergens from carpets throughout the stadium. This method utilizes powerful carpet extraction machines injecting hot water and cleaning solution deep into the carpet fibers under high pressure. The solution loosens dirt and debris trapped within the carpet while the machine simultaneously extracts the dirty water and dissolved contaminants, leaving the carpet clean and refreshed.
Before beginning the extraction process, the cleaning team typically pre-treats any heavily soiled or stained areas to help break down tough stains and improve cleaning effectiveness. This may involve applying specialized spot treatments or pre-sprays tailored to the stain and carpet material type.
Throughout the extraction process, attention is given to high-traffic areas, spots where spills occur every day, and any areas with visible stains or odors. The extraction machines are maneuvered systematically across the carpeted surfaces, ensuring thorough coverage and optimal cleaning results. The cleaning team may also use carpet grooming tools to fluff and lift the carpet fibers, restoring their appearance and texture.
The carpet extraction process improves the overall cleanliness and appearance of the stadium's carpets and contributes to a healthier indoor environment by removing allergens, dust mites, and other contaminants that can accumulate over time. Regular carpet extraction services help extend the lifespan of the carpets, maintain a professional appearance, and enhance the comfort and satisfaction of stadium visitors and staff.
j. Strip and Wax / Buff Floors
Strip and wax and floor buffing are essential components of floor maintenance, particularly for hard flooring surfaces such as vinyl, linoleum, or terrazzo. Strip and wax involve the removal of old wax layers
45 and dirt buildup from the floor surface, followed by applying fresh wax to protect and rejuvenate the floor's appearance. The process begins with applying a stripping solution that breaks down the existing wax and grime, which is then scrubbed away using specialized floor scrubbing equipment. Once the old wax is removed, the floor is thoroughly rinsed and allowed to dry before applying multiple layers of new wax.
This provides a protective sealant that enhances the floor's durability, shine, and resistance to stains and scratches.
On the other hand, floor buffing is a maintenance technique used to restore the luster and smoothness of waxed floors between stripping and waxing treatments. Buffing involves using a high- speed rotary buffer equipped with a soft pad or brush to polish the floor's surface and remove minor scratches, scuffs, and imperfections. This process also helps to redistribute the wax evenly across the floor, maintaining a consistent shine and appearance.
Both strip and wax and floor buffing are typically performed in high-traffic areas of the stadium, such as concourses, entrances, and corridors, where floors are subject to heavy wear and tear. These treatments not only enhance the stadium's aesthetic appeal but also protect the flooring from damage and extend its lifespan. Regular strip and wax and floor buffing services are essential for preserving the integrity and appearance of the stadium's hard flooring surfaces, contributing to a safe, clean, and wel coming environment for visitors and staff alike.
46 EXHIBIT A-4
CONTRACTOR RULES OF ENGAGEMENT
1. Notice – Contractor schedules daily, pre-event, event, & post-event staffing 2-weeks in advance.
Notice of event booking should be sent to Contractor Leadership via email as soon as it is known. 2 weeks prior to each event, Contractor requires information on event timing (gates, show start, estimated show end), projected attendance levels, areas of the stadium in use/closed, parking lots in use, & any additional services that could be needed. Contractor acknowledges event plans can be fluid & flexibility is needed for change orders. However, final event notes are required 72 hours prior to the event, so Contractor can finalize all staffing & work plans in time for pre-event cleaning to begin.
2. Operational Business Review – Contractor Regional & Site Leadership will meet no less than monthly with Stadium Manager to review performance from most recent events, plans for upcoming events, projects scheduled, new innovation topics, & any other issues or concerns that need to be addressed.
3. Quarterly Business Review – Contractor National, Regional, & Site Leadership will meet no less than quarterly with Stadium Manager to review business performance, key financial metrics, key performance indicators (KPI’s), service level agreements (SLA’s), industry best practices, operational performance metrics, and other cost containment items. Any other issues or concerns that need to be addressed may also be addressed between Contractor and Stadium Manager.
4. Escalation – All notices to Contractor regarding Daily, Event, & Parking Services should be directed to the Project Manager via email with the Regional Manager copied for visibility. If escalation is required for areas of concern outside of Daily, Event, & Parking Services, communication should be sent to the Regional Manager, National Director, & Vice President in that order. A Contractor Leadership hierarchy is provided below.
All communication between Contractor and Stadium Manager will begin with the Senior Manager Stadium Operations, Facilities (or other staff member designated by Stadium Manager in writing) with the VP, Stadium & Event Operations copied for visibility. This communication will include all of the daily, event, and parking related operational and initial financial communication. Should escalation or additional discussion be necessary between the parties, Contractor will engage or communicate directly with VP, Stadium & Event Operations and copy Executive Vice President and General Manager for transparency.
47 EXHIBIT A-5
PERFORMANCE METRICS AND SERVICE LEVEL AGREEMENT
SLA Measurement Service Level Performance
Credit
Work
Order
Resolution
Time
Work order
resolution time is
defined as
CONTRACTOR
resolving all work
orders within a given
month submitted by
Stadium Manager or
CONTRACTOR within
the time and budget
for labor specified
on the work order.
Greater than
90%
resolution
time
At 85%-89.9% is a
2% revenue
reduction from
the monthly
reoccurring
invoice. 80%-
84.9% is 3%
reduction. Below
80% is 4%.
Minimum of 20
work orders in a
month.
Quality and
Performan
ce Audits
Quality audits will
be performed by the
Stadium Manager
operations team
based on mutually
agreed upon criteria
on a regular basis
(including both pre
and post event).
These will be
defined based off of
a list of required
cleaning items.
Items missed or not
completed will be
considered against
the 90% overall
quality score
Greater than
90% scoring
on all event
quality and
performance
audits
Credit of 2% for
the event specific
bill if 90% service
items are not met.
A credit of 3% for
the event specific
bill if 80% service
items are not met.
Any remediation
items caused by
the CONTRACTOR
deficiencies will
be completed at
the cost of the
CONTRACTOR
within 24 hours.
Event
Tiered
Staffing
Levels
Staffing and Labor
Reports will be
generated for the
pre/event/post
event shifts at the
end of each shift and
provided to the
Stadium Manager by
the CONTRACTOR.
These reports will be
defined and
compared with the
Greater than
85% of
attendance
compared to
staffing
provided in
RFP for total
pre-event
and event
staff.
Credit of 2% for
the event specific
bill if 85%
attendance are
not met. A credit
of 3% for the
event specific bill
if 75% attendance
are not met.
48 provided staffing
level in the RFP for
each of these
functions.
Seating
Bowl
Audits
Quality audits of the
seating bowl will be
completed at the
conclusion of any
event utilizing the
seating bowl. These
audits will be
conducted by the
Stadium Manager
operations staff after
the CONTRACTOR
has confirmed
completion to be no
longer than 48 hours
after the event.
Items measuring
larger than 2”x2”x2”
or collections of
small debris spread
over more than 6
linear feet of aisle
space will be
considered against
the percentage
completed.
Number of
remediation
items totaling
less than .2%
of total
attendance
for event.
(ex. 70,000 =
140 items)
Credit of 2% for
the event specific
bill if Service Level
is not met to the
.2% level of total
attendance.
Credit of 3% to
the event specific
bill if service level
is below .3% level
of total
attendance. Any
remediation
caused by the
contractor
deficiencies will
be completed at
the cost of the
CONTRACTOR
within 24 hours.
Performance
better than .1% of
attendance will
result in a 1%
incentive from the
event cost to the
contractor.
Onsite
Project
Manageme
nt
CONTRACTOR’s
onsite project
manager shall
attend all
reoccurring and
relevant meetings
conducted by
Stadium Manager,
collaborate and
integrate into
Stadium Manager’s
organization. This
includes weekly
Greater than
95% meeting
participation
in a given
month
Credit of 2% of
the recurring bill
for the month if
the service level is
not met.
49 operational and
event meetings
Staffing
Manageme
nt
CONTRACTOR shall
maintain the hiring
of all supervisory
and management
positions in a timely
manner. All positions
will be hired or
replaced within 60
days.
All
supervisory
staffing
positions
filled within
60 days of
opening.
Credit of 5% of
the bill for the
month if the
service level is not
met.
50 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
The Parties mutually agree that as consideration for the Services contained in this Agreement, Stadium Manager shall compensate Contractor upon the completion (and verification of the completion by Stadium Manager) of the Services contained in Exhibit A in accordance with the compensation terms specified below.
Compensation by Services Type
Compensation amounts for the Services Types specified in Exhibit A are set forth in Exhibit B-1, which is attached hereto and incorporated herein by this reference. For Services performed by Contractor under the following Types, the process set forth below shall apply:
1. Daily
a. Contractor’s provision of Daily Services shall be compensated at the monthly fee amount specified in Exhibit B-1 as it may be amended from time to time.
2. Events (Full and Partial/Lower)
a. Prior to the event and associated performance of Services, Contractor must provide a proposal to Stadium Manager detailing staffing levels and associated cost. The proposal shall be consistent with the pricing details set forth in Exhibit B-1. b. Stadium Manager shall review the proposal and may request changes to adjust Services as may be necessary based on event and facility needs. The Parties shall in good faith discuss and agree upon any cost impacts associated with Stadium Manager requested changes to the Services.
c. Upon Stadium Manager’s approval of the proposal, Contractor may proceed with providing the Services for the subject event.
3. Parking (Full and Partial/Lower)
a. Parking Services may be requested by Stadium Manager as part of the request for Event Services or on an ad hoc basis as needed and requested by Stadium Manager. Parking Services shall be compensated at the per event parking rates specified in Exhibit B-1.
4. Ancillary Services (i.e., window washing, etc..)
a. In the event Stadium Manager requires ancillary services be performed by Contractor on an ad hoc basis, Stadium Manager may make a request to Contractor to perform the ancillary services. Prior to performance of the ancillary services, Contractor must provide a proposal to Stadium Manager detailing the staffing and associated cost for performing the ancillary services.
b. Stadium Manager shall review the proposal and may request changes as may be necessary to fulfill Stadium Manager’s needs. The Parties shall in good faith discuss and agree upon any cost impacts associated with Stadium Manager requested changes to the ancillary services.
c. Upon Stadium Manager’s approval of the proposal, Contractor may proceed with providing the ancillary services.
51 5. Equipment
a. Contractor’s provision of Equipment will be compensated at the applicable monthly rate specified in Exhibit B-1 as it may be amended from time to time.
Annual Fee Increases
It is understood and agreed that the fees specified in Exhibit B-1 shall remain in effect for the first year of the Term of the Agreement. In subsequent years, any fee increases shall be subject to the following requirements:
1. Daily
a. Any annual fee increase for exempt staff employed in the performance of Daily Services shall be limited to a maximum increase of three percent (3%) per year. b. Any annual fee increase for non- exempt staff employed in the performance of Daily Services shall be limited to the corresponding increase memorialized in the then applicable collective bargaining agreement to which Contractor is a party.
2. Event
a. Any annual fee increase for Contractor’s staff employed in the performance of Event Services shall be limited to and mirror increases to the then applicable minimum wage rate applicable in the City of Santa Clara.
3. Parking
a. Any annual fee increase for Contractor’s staff employed in the performance of Parking Services shall be limited to and mirror increases to the then applicable minimum wage rate applicable in the City of Santa Clara.
4. Equipment
a. No fee increases shall be authorized for equipment specified in Exhibit B-1. Any additional equipment that is not reflected in Exhibit B -1, which is necessary for Contractor’s performance of the Services , shall be added by a written amendment to this Agreement executed by the authorized representatives of both Parties prior to its use by Contractor .
Contractor may not charge the Stadium Manager for use of equipment not listed in Exhibit B-1 or otherwise listed in a fully executed written amendment to this Agreement . Any written amendment or portion thereof addressing additional equipment and the corresponding fee(s) shall not have retroactive effect.
In order to enact a fee increase, Contractor must submit prior written notice to the Stadium Manager a minimum of ninety (90) calendar days in advance of the anniversary date of the Effective Date of this Agreement, and such notice must include the following: (1) the proposed fee increases organized by Services Type and staff position; and (2) an updated billing summary incorporating the proposed fee increases in substantially the same format as set forth in Exhibit B-1. Notwithstanding anything to the contrary, it is understood and agreed by the Parties that all fee increases must be memorialized in a written amendment to this Agreement executed by the authorized representatives of both Parties, and such written amendment shall not have retroactive effect.
52 Invoicing
Contractor shall comply with the following invoicing guidelines as a condition of receiving compensation from Stadium Manager for performance of Services under this Agreement:
1. Daily
a. Fees for Daily Services must be invoiced on a monthly basis no later than thirty (30) calendar days following the month in which the Daily Services for which payment is sought are performed.
2. Event
a. Fees for Event Services must be invoiced on a per event basis no later than thirty (30) calendar days after completion of the Event Services for the subject event.
3. Rentals/Equipment Charges
a. Fees for any rentals and/or equipment must be separately itemized.
4. Performance Credits
a. In the event Contractor owes any performance credits as a result of its failure to meet service level requirements specified in Exhibit A-5 of the Agreement, such performance credits must be a separate line item in the invoice in which the performance credit is applied.
5. Tenant Exclusive Spaces
a. Contractor is made aware of and has been provided a color -coded map depicting the unique spaces at Levi’s Stadium categorized as Shared Spaces and Tenant Exclusive Spaces. Contractor shall track its staff time spent in Tenant Exclusive Spaces in the performance of Services requested by Stadium Manager. Contractor must separately invoice Services performed in Tenant Exclusive Spaces, and each invoice must include a summary report of the Services performance period, staff time spent, Services rendered, and area(s) within the Tenant Exclusive Spaces serviced. b. Fees for Services rendered in Tenant Exclusive Spaces must be invoiced no later than thirty (30) calendar days following completion of the Services.
Contractor shall comply with reasonable i nvoice format requirements requested by Stadium Manager and shall make adjustments as -needed to ensure compliance with such reasonable invoice format requirements.
Overtime, Double-Time, and Holiday Pay
The Parties agree to the following with respect to any overtime, double-time, and holiday pay for Contractor staff performing Services under this Agreement:
1. Overtime: Contractor may not charge and Stadium Manager shall not be responsible for any overtime pay for Contractor’s staff incurred in the performance of Services under this Agreement without the prior written approval of Stadium Manager. It is Contractor’s sole responsibility to manage its staff’s overtime in the normal course of performance of Services. Stadium Manager shall only be responsible for overtime pay where such overtime pay is made necessary as a result of extenuating circumstances outside of Contractor’s reasonable control such as multiple major
53 events in the same calendar week, back-to-back events, and force majeure, and in all such cases such overtime pay shall only be the responsibility of Stadium Manager if approved by Stadium Manager in advance following receipt of notice from Contractor of the need to incur overtime.
2. Double-Time - Contractor may not charge and Stadium Manager shall not be responsible for any double-time pay for Contractor’s staff incurred in the performance of Services under this Agreement without the prior written approval of Stadium Manager. It is Contractor’s sole responsibility to manage its staff’s double-time in the normal course of performance of Services. Stadium Manager shall only be responsible for double-time pay where such double-time pay is made necessary as a result of extenuating circumstances outside of Contractor’s reasonable control such as multiple major events in the same calendar week, back -to-back events, and force majeure, and in all such cases such double- time pay shall only be the responsibility of Stadium Manager if approved by Stadium Manager in advance following receipt of notice from Contractor of the need to incur double- time.
3. Holidays – Contractor may charge Stadium Manager for any hours worked on the holidays listed below. Prior to January 1 of each year in which this Agreement is in effect, Contractor will provide an updated holiday calendar in substantially the same format as set forth below.
Contractor will collaborate with Stadium Manager regarding and strive to minimize additional fees for any overtime, double-time, or holiday pay.
2025 Holiday HoUday Observed
New Year's Day Wednesday, January 1, 2025
Martin Luther King Jr Day Monday, January 20, 2025
President's Day Monday, February 17, 2025
Memorial Day Monday, May 26, 2025
Juneteenth Thursday, June 19, 2025
Independence Day Friday, July 4, 2025
Labor Day Monday, September 1, 2025
Thanksgiving Day Thursday, November 27, 2025
Friday after Thanksgiving Friday, November 28, 2025
Christmas Eve Wednesday, December 24, 2025
Christmas Day Thursday, December 25, 2025
New Year's Eve Wednesday, December 31, 2025
Exhibit B-1
Levi's Stadium - Daily Billing Summary
Position # of Staff Hours Hourly Wage Monthly Wages
Federal
Unemployment
Tax (FUTA)
State
Unemployment
Tax (SUTA)
Social
Security Tax
(FICA)
Medicare Tax
(FICA)
Worker's
Compensation
Insurance
General
Liability
Insurance
Background
Checks
Health and
Welfare
Vacation and
Sick Time UniformsEquipment and
Supplies
Recruiting,
Screening,
Training, and
Retention
Total Other
Costs
Total Montly
Costs
Project Manager 1 173.33 45.50 $ 7,886.52$ 473.19$ 5.52 $ 488.96$ 114.35$ 394.33$ 394.33$ 26.81 $ 315.46$ 177.45$ 64.67$ 230.29$ 115.14$ 2,800.50$ 10,687.02$ Assistant Manager 1 173.33 40.71$ 7,056.26$ 423.38$ 4.94$ 437.49$ 102.32$ 352.81$ 352.81$ 23.99$ 282.25$ 158.77$ 57.86$ 206.04$ 103.02$ 2,505.68$ 9,561.94$ Locker Room 346.66 25.97 $ 9,002.76$ 540.17$ 6.30 $ 558.17$ 130.54$ 450.14$ 450.14$ 30.61 $ 360.11$ 202.56$ 73.82$ 262.88$ 131.44$ 3,196.88$ 12,199.64$ Locker Room OT/Holiday - 38.96$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Locker Room DT - 51.94$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Utility 519.99 24.97 $ 12,984.15$ 779.05 $ 9.09 $ 805.02$ 188.27$ 649.21$ 649.21$ 44.15 $ 519.37$ 292.14$ 106.47$ 379.14$ 189.57$ 4,610.67$ 17,594.82$ Utility OT/Holiday - 37.46$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Utility DT - 49.94$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ General Cleaner 173.33 23.47 $ 4,068.06$ 244.08$ 2.85 $ 252.22$ 58.99$ 203.40$ 203.40$ 13.83 $ 162.72$ 91.53$ 33.36$ 118.79$ 59.39$ 1,444.57$ 5,512.62$ General Cleaner OT/Holiday - 35.21$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ General Cleaner DT - 46.94$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Base Daily Labor (Regular) 1,386.64 40,997.74 $ 2,459.86$ 28.70 $ 2,541.86$ 594.47 $ 2,049.89$ 2,049.89$ 139.39 $ 1,639.91$ 922.45 $ 336.18$ 1,197.13$ 598.57$ 14,558.30$ 55,556.04$ Base Daily Labor (OT/Holiday) - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Base Daily Labor (DT) - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,386.64 40,997.74 $ 2,459.86$ 28.70 $ 2,541.86$ 594.47 $ 2,049.89$ 2,049.89$ 139.39 $ 1,639.91$ 922.45 $ 336.18$ 1,197.13$ 598.57$ 14,558.30$ 55,556.04$ Profit (8%) 3,279.82$
Total Daily Fee 58,835.86 $
1 3
2 8
Exhibit B-1
Levi's Stadium - Event Billing Summary (Full Stadium)
Position # of Staff Hours Hourly Wage Monthly
Wages
Federal
Unemployment
Tax (FUTA)
State
Unemployment
Tax (SUTA)
Social
Security Tax
(FICA)
Medicare Tax
(FICA)
Worker's
Compensation
Insurance
General
Liability
Insurance
Background
Checks
Health
and
Welfare
Vacation
and Sick
Time
Uniforms
Equipment
and
Supplies
Recruiting,
Screening,
Training, and
Retention
Total Other
Costs
Total Montly
Costs
Pre-Event Supervisor 5 40.00 22.00$ 880.00$ 52.80$ 0.62$ 54.56$ 12.76$ 26.40$ 26.40$ 10.82$ - $ 2.20$ 9.86$ 26.66$ 20.77$ 243.85$ 1,123.85$ Pre-Event Supervisor OT/Holiday - - 33.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Pre-Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Pre-Event Lead/Utility 10 80.00 21.00$ 1,680.00$ 100.80 $ 1.18$ 104.16$ 24.36$ 50.40$ 50.40$ 20.66$ - $ 4.20$ 18.82$ 50.90$ 39.65$ 465.53$ 2,145.53$ Pre-Event Lead/Utility OT/Holiday - - 31.50$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Pre-Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Pre-Event Cleaner 50 400.00 20.00 $ 8,000.00$ 480.00 $ 5.60$ 496.00$ 116.00$ 240.00$ 240.00$ 98.40 $ - $ 20.00$ 89.60$ 242.40$ 188.80$ 2,216.80$ 10,216.80$ Pre-Event Cleaner OT/Holiday - - 30.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Pre-Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Supervisor 10 80.00 22.00$ 1,760.00$ 105.60 $ 1.23$ 109.12$ 25.52$ 52.80$ 52.80$ 21.65$ - $ 4.40$ 19.71$ 53.33$ 41.54$ 487.70$ 2,247.70$ Event Supervisor OT/Holiday - - 33.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Lead/Utility 15 120.00 21.00 $ 2,520.00$ 151.20 $ 1.76$ 156.24$ 36.54$ 75.60$ 75.60$ 31.00$ - $ 6.30$ 28.22$ 76.36$ 59.47$ 698.29$ 3,218.29$ Event Lead/Utility OT/Holiday - - 31.50$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Cleaner 150 1,200.00 20.00 $ 24,000.00$ 1,440.00$ 16.80 $ 1,488.00$ 348.00 $ 720.00$ 720.00$ 295.20$ - $ 60.00$ 268.80$ 727.20$ 566.40$ 6,650.40$ 30,650.40$ Event Cleaner OT/Holiday - - 30.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Supervisor 15 120.00 22.00 $ 2,640.00$ 158.40 $ 1.85$ 163.68$ 38.28$ 79.20$ 79.20$ 32.47$ - $ 6.60$ 29.57$ 79.99$ 62.30$ 731.54$ 3,371.54$ Post-Event Supervisor OT/Holiday - - 33.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Post-Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Lead/Utility 67 536.00 21.00 $ 11,256.00$ 675.36 $ 7.88$ 697.87$ 163.21$ 337.68$ 337.68$ 138.45$ - $ 28.14$ 126.07$ 341.06$ 265.64$ 3,119.04$ 14,375.04$ Post-Event Lead/Utility OT/Holiday - - 31.50$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Post-Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Cleaner 200 1,600.00 20.00 $ 32,000.00$ 1,920.00$ 22.40 $ 1,984.00$ 464.00 $ 960.00$ 960.00$ 393.60$ - $ 80.00$ 358.40$ 969.60$ 755.20$ 8,867.20$ 40,867.20$ Post-Event Cleaner OT/Holiday - - 30.00$ - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Post-Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Base Event Labor (Regular) 522 4,176.00 84,736.00 $ 5,084.16$ 59.32 $ 5,253.63$ 1,228.67$ 2,542.08$ 2,542.08$ 1,042.25$ - $ 211.84$ 949.04$ 2,567.50$ 1,999.77$ 23,480.35$ 108,216.35$ Base Event Labor (OT/Holiday) - - - $ - $ -$ -$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Base Event Labor (DT) - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 522 4,176.00 84,736.00 $ 5,084.16$ 59.32 $ 5,253.63$ 1,228.67$ 2,542.08$ 2,542.08$ 1,042.25$ - $ 211.84$ 949.04$ 2,567.50$ 1,999.77$ 23,480.35$ 108,216.35$ Profit (8%) 6,778.88$
Total Event Fee 114,995.23 $
Exhibit B-1
Levi's Stadium - Event Billing Summary (Lower Bowl)
Position # of Staff Hours Hourly Wage Monthly
Wages
Federal
Unemployment
Tax (FUTA)
State
Unemployment
Tax (SUTA)
Social
Security Tax
(FICA)
Medicare
Tax (FICA)
Worker's
Compensation
Insurance
General
Liability
Insurance
Background
Checks
Health
and
Welfare
Vacation
and Sick
Time
Uniforms
Equipment
and
Supplies
Recruiting,
Screening,
Training,
and
Retention
Total Other
Costs
Total Montly
Costs
Pre-Event Supervisor 5 40.00 22.00$ 880.00$ 52.80$ 0.62$ 54.56 $ 12.76 $ 26.40$ 26.40$ 10.82$ -$ 2.20 $ 9.86 $ 26.66 $ 20.77$ 243.85$ 1,123.85$ Pre-Event Supervisor OT/Holiday - - 33.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Pre-Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Pre-Event Lead/Utility 10 80.00 21.00$ 1,680.00$ 100.80$ 1.18$ 104.16$ 24.36$ 50.40$ 50.40$ 20.66$ -$ 4.20 $ 18.82 $ 50.90$ 39.65$ 465.53$ 2,145.53$ Pre-Event Lead/Utility OT/Holiday - - 31.50$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Pre-Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Pre-Event Cleaner 36 288.00 20.00$ 5,760.00$ 345.60$ 4.03$ 357.12$ 83.52$ 172.80$ 172.80$ 70.85$ -$ 14.40$ 64.51 $ 174.53 $ 135.94$ 1,596.10$ 7,356.10$ Pre-Event Cleaner OT/Holiday - - 30.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Pre-Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Supervisor 8 64.00 22.00$ 1,408.00$ 84.48$ 0.99$ 87.30 $ 20.42 $ 42.24$ 42.24$ 17.32$ -$ 3.52 $ 15.77 $ 42.66$ 33.23$ 390.16$ 1,798.16$ Event Supervisor OT/Holiday - - 33.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Lead/Utility 10 80.00 21.00$ 1,680.00$ 100.80$ 1.18$ 104.16$ 24.36$ 50.40$ 50.40$ 20.66$ -$ 4.20 $ 18.82 $ 50.90$ 39.65$ 465.53$ 2,145.53$ Event Lead/Utility OT/Holiday - - 31.50$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Event Cleaner 105 840.00 20.00$ 16,800.00$ 1,008.00$ 11.76$ 1,041.60$ 243.60$ 504.00$ 504.00$ 206.64$ -$ 42.00$ 188.16 $ 509.04$ 396.48$ 4,655.28$ 21,455.28$ Event Cleaner OT/Holiday - - 30.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Supervisor 12 96.00 22.00$ 2,112.00$ 126.72$ 1.48$ 130.94$ 30.62$ 63.36$ 63.36$ 25.98$ -$ 5.28 $ 23.65 $ 63.99$ 49.84$ 585.24$ 2,697.24$ Post-Event Supervisor OT/Holiday - - 33.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Post-Event Supervisor DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Lead/Utility 50 400.00 21.00$ 8,400.00$ 504.00$ 5.88$ 520.80$ 121.80 $ 252.00$ 252.00$ 103.32$ -$ 21.00$ 94.08 $ 254.52 $ 198.24$ 2,327.64$ 10,727.64$ Post-Event Lead/Utility OT/Holiday - - 31.50$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Post-Event Lead/Utility DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Post-Event Cleaner 150 1,200.00 20.00$ 24,000.00$ 1,440.00$ 16.80$ 1,488.00$ 348.00$ 720.00$ 720.00$ 295.20$ -$ 60.00$ 268.80 $ 727.20$ 566.40$ 6,650.40$ 30,650.40$ Post-Event Cleaner OT/Holiday - - 30.00$ -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Post-Event Cleaner DT - - 40.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Base Event Labor (Regular) 386 3,088.00 62,720.00$ 3,763.20$ 43.90$ 3,888.64$ 909.44$ 1,881.60$ 1,881.60$ 771.46$ -$ 156.80$ 702.46 $ 1,900.42 $ 1,480.19$ 17,379.71$ 80,099.71$ Base Event Labor (OT/Holiday) - - -$ -$ -$ -$ - $ -$ -$ -$ - $ - $ - $ -$ -$ -$ -$ Base Event Labor (DT) - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 386 3,088.00 62,720.00$ 3,763.20$ 43.90$ 3,888.64$ 909.44$ 1,881.60$ 1,881.60$ 771.46$ -$ 156.80$ 702.46 $ 1,900.42 $ 1,480.19$ 17,379.71$ 80,099.71$ Profit (8%) 5,017.60$
Total Event Fee 85,117.31$
1------------+-----+----+--------+------->-----------+----+----+-----+----+--------<§,t------------1 Exhibit B-1
Levi's Stadium - Parking Lot Billing Summary (Full Stadium) Position # of Staff Hours Hourly Wage Monthly Wages
Federal
Unemployment
Tax (FUTA)
State
Unemployment
Tax (SUTA)
Social
Security
Tax
(FICA)
Medicare
Tax
(FICA)
Worker's
Compensation
Insurance
General
Liability
Insurance
Background
Checks
Health
and
Welfare
Vacation
and Sick
Time
Uniforms Equipment
and Supplies
Recruiting,
Screening,
Training,
and
Retention
Total Other
Costs
Total Montly
Costs
Supervisor 5 40.00 23.00$ 920.00$ 55.20$ 0.64$ 57.04$ 13.34$ 46.00$ 46.00$ 50.32$ - $ 11.50$ - $ - $ 36.80$ 316.85$ 1,236.85$ Supervisor OT/Holiday - - 34.50$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Supervisor DT - - 46.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Lead/Utility 8 64.00 22.00$ 1,408.00$ 84.48 $ 0.99$ 87.30$ 20.42$ 70.40$ 70.40$ 77.02$ - $ 17.60$ - $ - $ 56.32$ 484.92$ 1,892.92$ Lead/Utility OT/Holiday - - 33.00$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Lead/Utility DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Parking Picker 46 368.00 21.00 $ 7,728.00$ 463.68$ 5.41$ 479.14$ 112.06$ 386.40$ 386.40$ 422.72$ - $ 96.60$ - $ - $ 309.12$ 2,661.52$ 10,389.52$ Parking Picker OT/Holiday - - 31.50$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Parking Picker DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Base Parking Labor (Regular) 59 472.00 10,056.00 $ 603.36$ 7.04$ 623.47$ 145.81$ 502.80$ 502.80$ 550.06$ - $ 125.70$ - $ - $ 402.24$ 3,463.29$ 13,519.29$ Base Parking Labor (OT/Holiday) - - - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Base Parking Labor (DT) - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 59 472.00 10,056.00 $ 603.36$ 7.04$ 623.47$ 145.81$ 502.80$ 502.80$ 550.06$ - $ 125.70$ - $ - $ 402.24$ 3,463.29$ 13,519.29$ Equipment, Supplies, Uniforms Cost5,596.16$
Profit (15.28%) 1,537.28$
Total Parking Fee 20,652.73$
Exhibit B-1
Levi's Stadium - Parking Lot Billing Summary (Lower Bowl) Position # of Staff Hours Hourly Wage Monthly Wages
Federal
Unemployment
Tax (FUTA)
State
Unemployment
Tax (SUTA)
Social
Security
Tax
(FICA)
Medicare
Tax
(FICA)
Worker's
Compensation
Insurance
General
Liability
Insurance
Background
Checks
Health and
Welfare
Vacation and
Sick Time Uniforms
Equipment
and
Supplies
Recruiting,
Screening,
Training, and
Retention
Total Other
Costs
Total Montly
Costs
Supervisor 4 32.00 23.00$ 736.00$ 44.16$ 0.52$ 45.63$ 10.67$ 36.80$ 36.80$ 40.26$ - $ 9.20$ - $ - $ 29.44$ 253.48$ 989.48$ Supervisor OT/Holiday - - 34.50$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Supervisor DT - - 46.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Lead/Utility 6 48.00 22.00$ 1,056.00$ 63.36 $ 0.74$ 65.47$ 15.31$ 52.80$ 52.80$ 57.76$ - $ 13.20$ - $ - $ 42.24$ 363.69$ 1,419.69$ Lead/Utility OT/Holiday - - 33.00$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Lead/Utility DT - - 44.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Parking Picker 38 304.00 21.00 $ 6,384.00$ 383.04$ 4.47$ 395.81$ 92.57 $ 319.20$ 319.20$ 349.20$ - $ 79.80$ - $ - $ 255.36$ 2,198.65$ 8,582.65$ Parking Picker OT/Holiday - - 31.50$ - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Parking Picker DT - - 42.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Base Parking Labor (Regular) 48 384.00 8,176.00 $ 490.56$ 5.72$ 506.91$ 118.55$ 408.80$ 408.80$ 447.23$ - $ 102.20$ - $ - $ 327.04$ 2,815.81$ 10,991.81$ Base Parking Labor (OT/Holiday) - - - $ -$ -$ -$ - $ - $ -$ - $ - $ - $ - $ - $ - $ - $ - $ Base Parking Labor (DT) - - -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 48 384.00 8,176.00 $ 490.56$ 5.72$ 506.91$ 118.55$ 408.80$ 408.80$ 447.23$ - $ 102.20$ - $ - $ 327.04$ 2,815.81$ 10,991.81$ Equipment, Supplies, Uniforms Cost4,549.94$
Profit (15.28%) 1,249.88$
Total Parking Fee 16,791.64 $
Exhibit B-1
Levi's Stadium - Equipment Summary
Equipment List (Amortized over 36 months per item) Year 1 Year 2 Year 3 Vacuum - Standard Upright - 886E 378.65$ 757.30$ 757.30$ Upright Vac V-BP-6 6 Quart Backpack Vacuum 210.41$ 420.81$ 420.81$ E5 - Cord Electric 5-gallon Extractor -$ 824.74$ 824.74$ 20" Dust Control Burnisher- 2000 RPM BR-2000-DC Model 2370 414.88$ 414.88$ 414.88$ T350 24" Disk, Insta-Click, Conventional, 220AH AGM Batteries 3,669.94$ 3,669.94$ 3,669.94$ Cold Water Pressure Washer HD Aluminum Series 3.4/35 4,000.00$ 8,000.00$ 8,000.00$ Tilt Truck Utility Duty 1.5 Cu Yd 4,166.67$ 4,166.67$ 8,333.33$ T12 Ride On Autoscrubber 7,623.04$ 7,623.04$ 7,623.04$ Freight 1,068.50$ 1,602.75$ 2,137.00$
Tax 1,903.80$ 2,497.71$ 2,877.92$
ANNUAL TOTALS 23,435.88 $ 29,977.84$ 35,058.96$
MONTHLY TOTALS 1,952.99 $ 2,498.15$ 2,921.58$
***In the event the contract is terminated before the equipment is fully amortized, client will be invoiced for remaining amortization balance***
54 EXHIBIT C
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of Two Million Dollars ($ 2,000,000) per occurrence and Four Million Dollars ($ 4,000,000) in the aggregate.
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law . Contractor is directed to review and execute the “Contractor’s Certification Regarding Worker’s Compensation” attached hereto as Exhibit E and incorporated herein by this reference prior to Agreement execution.
4. Employer’s liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of One Million Dollars ($1,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor’s services.
6. Umbrella or excess liability insurance in the amount of four million dollars ($4,000,000) providing excess coverage over general liability, auto liability, and employer’s liability specified above.
Coverage under the umbrella/excess liability policy shall be at least as broad as the required primary commercial general liability, automobile liability, and employers liability policies.
7. If the work involves the transport, dissemination, use, or release of pollutants, Contractor shall procure pollution liability insurance, with policy limits of not less than $2,000,000 per claim and annual aggregate.
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage provided such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under required coverages 1, 2 and 4 above, and in no event shall any excess or umbrella liability insurance provide narrower coverage t han the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. Any deductible or self -insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and f inancial size category of A -/VII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to liability insurance only, a provision including Stadium Manager, Santa C lara Stadium Authority, City of Santa Clara, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability
55 be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such policy has a deductible or self -insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.
56 EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN AGREEMENT WITH
STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor
1 does any of the following:
a. Is convicted2 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty 3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or,
e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with Contractor can be imputed to Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of Contractor, with Contractor’s knowledge, approval or acquiescence, Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
1 For purposes of this Agreement, the word “ Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co- owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.
2 For purposes of this Agreement, the words “ convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.
3 As used herein, “ dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy.
57 B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Contractor no longer has the financial capability 4 or business experience5 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor’s failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secr etary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary.
Contractor will have t he burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.
5 Loss of personnel deemed essential by Stadium Manager for the successful performance of the obligations of Contractor to Stadium Manager.
EXHIBIT E
CONTRACTOR’S CERTIFICATION REGARDING WORKER’S COMPENSATION I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the California Labor Code, which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Services on this Agreement.
Name of Contractor:
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
1 Date: February 24, 2025
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation for Award for Janitorial Services at Levi’s Stadium
Recommendation
Recommend approval and award an agreement to ABM Industry Groups, LLC to provide janitorial services at Levi’s Stadium for a multi-year term, commencing April 1, 2025 through March 31, 2028, with an option to extend the agreement for two additional one-year periods.
RFP Process
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for Levi’s Stadium (Stadium) on a continual, year-round basis, including overseeing the day-to-day operations and maintenance of the Stadium. Janitorial services are provided on a contractual basis to support Stadium Manager deliver the following services:
a. Year-Round Maintenance: Continuously provide janitorial services throughout the Stadium.
b. Event Cleaning: Comprehensive cleaning services, including football games, soccer matches, concerts, and special events. This involves pre-event, event, and post-event cleaning, ensuring the stadium is meticulously maintained. c. Special Event Support: Cleaning assistance for special (catered) events organized by the Special Events team, such as proms, parties, and receptions. This includes pre-event, event, and post-event cleaning services.
d. Ancillary Services: Additional cleaning tasks as required, such as window washing, parking lot cleaning, concert floor set-up and strike as needed, clean and wash public safety vehicles, and confetti clean up as needed.
e. Quarterly, biannual, and annual deep cleaning services are also part of the solution.
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STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
2 On May 6, 2024, Stadium Manager issued Request for Proposals (RFP) to select a qualified firm for janitorial services at Levi’s Stadium. Stadium Manager published the RFP on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of firms on our established supplier list, Stadium Manager also invited suppliers registered on the portal with specific commodity codes offering such services. The RFP stipulated a minimum requirement stating that proposer must demonstrate that it possesses, within the last five years, experience as a prime contractor providing full-service janitorial services at no less than two professional or major sports facilities with a minimum seating capacity of 40,000 spectators, preferably at least two large sporting venues to include NFL and MLB venues.
On May 16, 2024, Stadium Manager conducted a mandatory Pre-Proposal Conference and site visit at the Stadium. Stadium Manager provided an overview of the requirements, housekeeping guidelines, and conducted a comprehensive site visit and provided clarifications to questions from proposers.
On May 24, 2024, Addendum #1 to the RFP was issued providing answers to questions from proposers, provided additional Stadium details such as square footage, parking lot maps and digital floor maps, and a copy of the sign-in sheet for the mandatory pre-proposal conference and site visit. On June 3, 2024, Stadium Manager issued Addendum #2 which included additional cleaning services details and cost proposal information. Addendum #3 was issued on June 6, 2024 to issue the revised Cost Proposal spreadsheet. The RFP closed on June 12, 2024 at 3:00 p.m. (PT).
Four proposals were received from the following firms on or before the RFP due date and time:
1. ABM Industry Groups, LLC (ABM)
2. Aramark Services, Inc. (Aramark)
3. C&W Services – A subsidiary of Cushman & Wakefield (C&W)
4. Pritchard Sports & Entertainment Group (Pritchard)
Evaluation Process
An evaluation committee (EC) consisting of subject matter experts from Stadium Manager was formed. An Evaluators’ Guide outlining the roles and responsibilities of the EC was provided to each EC member to review and execute the following forms to ensure that there was no conflict of interest in evaluating the proposals:
Proposal Evaluator Guidelines
Confidentiality Agreement
Conflict of Interest Disclosure Form
The evaluation of proposals consisted of a two-step process as referenced below. Proposers within the competitive range in phase one proceeded to phase two which included interviews and presentations, and cost evaluations. The EC evaluated the proposals utilizing the evaluation criteria for phase one as outlined in the RFP. On July 3, 2024, the Procurement Lead held the EC meeting to document the scores and notes provided by the committee:
3 Evaluation Criteria - Phase One Aramark Pritchard ABM C&W Proposal Responsiveness Pass Pass Pass Pass
Corporate Strength, Experience.
References, and Reputation of
Proposer (30 points)
26.70 27.00 27.60 26.40
Qualifications, Management
and Administrative Capabilities
(40 points)
35.60 36.00 36.80 35.60
Methodology to Provide
Required Services (30 points)
21.00 27.00 26.70 27.00
Total 83.30 90.00 91.10 89.00
The EC determined all four firms to be within the competitive range to proceed with phase two of the evaluation process, which was to conduct interviews and presentations, and evaluate cost.
Interviews and presentations were held at the Stadium in July and August 2024 and the following scores were tabulated. To ensure a fair comparison of the cost to evaluate cost, the cost proposals for daily cleaning services, full event (pre, event and post event) and full parking lot cleaning for 12 ticketed events, and equipment cost were used to evaluate and score.
Evaluation Criteria - Phase Two Aramark Pritchard ABM C&W Interview and Presentations
(40 points)
34.00 36.00 36.00 34.00
Cost (60 points) 51.00 43.20 49.80 39.00
Total 85.00 79.20 85.80 73.00
Total Combined Phase One and
Phase Two Score
168.30 169.20 176.90 162.00
Pursuant to phase two scoring, the EC determined that it was in our best interest to invite Aramark, Pritchard and C&W onsite and facilitate another walk through of the Stadium and validate their understanding of the various services levels including daily and event services.
ABM is an incumbent service provider and has sufficient knowledge of our operations and therefore was not included in this step of the process. The three firms were asked to review their cost proposals and make the necessary adjustments based on their deeper understanding of the Stadium Manager’s expectations. C&W did not provide any changes, but Aramark and Pritchard provided changes to their initial proposed daily services and associated costs.
The EC decided to move Aramark, Pritchard, and ABM forward for further business, legal and cost discussions and negotiations. Based on the proposal responses, each of the three proposers were provided specific topics to address related to business, legal and cost. The following points were addressed with each of the proposers, as applicable:
Legal terms and conditions, if any firm took exception to our terms and conditions. 4 Aramark took exceptions to our terms and later agreed to accept all our terms and conditions as required by Stadium Manager.
Aramark and Pritchard were provided with the City of Santa Clara Worker Ordinance requirements to ensure that they would be able to adhere to the requirements if selected as the firm to contract with. Both firms confirmed compliance with the requirements. Cost clarification related to daily, event, parking, and equipment with a focus on overhead charges and labor cost increases in years two and three. While Aramark and ABM were able to provide specific details of increase in labor rates, Pritchard provided a non- committal response that their increase will be based on related federal, state and local labor laws.
Meeting with the company senior executives to ensure commitment and alignment for the services offered in the proposal responses, interviews and presentations. ABM provided assurance for effective leadership and account management. Aramark and Pritchard focused on their presence in California and how they would transition services. Aramark’s proposed solution was to subcontract with firm(s) with a local presence and demonstrated the number of firms they provided custodial services to in the area. Pritchard’s commitment was that they would expand their presence as they had established a foundation with the Warriors and had experience with the transition.
Based on the information, the EC selected ABM as the finalist and asked the Procurement Lead to conduct the final negotiations with ABM. Final negotiations were conducted by the Procurement Lead related to cost, account management, workforce technologies, reduced labor cost and efficiency, detailed cost breakdown of “other costs”, equipment costs and amortization, resource allocation for parking cleaning services, and performance metrics and accountability. Pursuant to addressing the items, Stadium Manager was able to negotiate cost down by approximately 20% of the initial RFP cost proposal provided by ABM. Stadium Manager concluded the business, legal and cost negotiations with ABM in February 2025.
Notice of Intended Award
A notice of intended award (NOIA) was issued on February 24, 2025 announcing Stadium Manager’s recommended firm. The RFP process includes a seven-day protest period, which commenced with the issuance of the NOIA. This recommendation is submitted concurrently to facilitate the lead time required to submit our recommendation to the Santa Clara Stadium Authority (SCSA). In the event there is a protest, the recommendation will be withdrawn, and the protest addressed.
Submission of Post-Award Submittals
Once Stadium Manager receives approval from the SCSA Board, the agreement will be executed by both parties and a copy forwarded to the Board. Supporting documentation has been provided for review and approval.
Fiscal Impact
The cost for the daily, select ancillary services, deep cleaning services and equipment is covered in the FY25/26 SCSA Budget, Engineering Department budget, as a shared expense. The janitorial 5 services including any respective ancillary services for NFL and Non-NFL events (ticketed and non-ticketed special events) are charged directly to the events.
Submitted By: Date:
Jenti Vandertuig, Procurement Director
3/1/2025
~ DocuSigned by:
L:_::66~~
March 3, 2025
Via E-Mail
Santa Clara Stadium Authority
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: Jōvan D. Grogan, Executive Director
e-mail: [email protected]
Ms. Jenti Vandertuig
Director, Procurement
Forty Niners Stadium Management Company
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
e-mail: [email protected]
RE: Bid Protest; Request For Proposals for Janitorial Services at Levi’s Stadium (RFP Number FY24-0062 dated May 6, 2025)
Dear Mr. Grogan & Ms. Vandertuig:
Our C&W Services team is in receipt of the Notice of Intended Award, dated February 25, 2025 (the “Notice”) for the
Request For Proposals for Janitorial Services at Levi’s Stadium (RFP Number FY24- 0062 dated May 6, 2025) (the “RFP”). In accordance with Santa Clara City Code (“Code”) Chapter 17.30, et seq., specifically §17.30.140 (bid contest procedures), we are hereby protesting the award RFP award on the grounds set forth below.
As we reviewed the Notice, we noticed that “Cost,” which has the highest potential award points of all the evaluation criteria (60), is not included in the Notice’s Evaluation Criteria scoring calculation, and “Methodology to Provide Required Services (30 points)” is indicated twice, which are both inconsistent with the Evaluation Criteria provided in the RFP. In the RFP, Section 15.6 Evaluation Criteria, Phase 2 has a Cost component (pasted below) that is not reflected in the Notice.
For reference, I have pasted the Evaluation Criteria from the RFP:
In the portion of the Notice where bid respondents would expect to see the tabulation of Cost points awarded, “Methodology to Provide Required Services (30 points)” is indicated. 11111
C&W
SERVICES
15.6 EVALUATION CRITERIA
Phase One Evaluation Criteria
Proposal Responsiveness
Corporate Strength , Experience, References , and
Reputation of the Proposer
Qualifications , Management and Adminis trative Capabilities Methodolog y to Provide Required Services
Total
Points
Pass /Fail
30 40
30 100
Proposers within the compe titive range in Phase One will proceed to Phase Two.
Phase Two Eva I uation Criteria Points
Interv iew and Presentations 40
Cost 60
Total 100
For reference, I have pasted the table from Notice below:
C&W Facility Services Inc (“C&W Services” or “We”) are concerned with the inconsistency, as well as the potential for other errors and inconsistencies with respect to the RFP process and as such, we hereby protest the RFP award and Notice.
As the entire schedule that was outlined in the RFP was significantly delayed, which we can understand happens in some cases, we also want to point out that since the oral presentations in July 2024, C&W Services continually checked the Bonfire Portal and followed protocol for communication via email, all but one of which were completely ignored.
C&W Services understands and respects the need for confidentiality during a public RFP process, but we are sure you can appreciate that after enormous amounts of time, effort and travel costs, our expectation was, and remains, that there is some level of partnership in simply responding with a status update.
C&W Services looks forward to your response to our bid protest and to getting a better understanding of the inconsistencies in the RFP Evaluation Criteria methodology and Notice point award and tabulation.
Sincerely,
Charlotte Jensen
Senior Vice President, West Region
C&W Services, Inc.
[email protected] | (760) 410-7123
Ev.l!u.ll ion Criteri.l - Ph.lse Aumuk Pritchud
On ,
Pro msal Resoonsiveness Pass Pass
Corporate Strength, 26.70 27.00
Experien ce. Reference,s, and
Reputation of Proposer (30
points)
Qua lifications , Management
and Administrative
Capabili ties
(40POints )
35.60 Meth odology to Provide 21.00
RP<1uired Services (30 :,oints)
Total 83.30
3600
27.00 90.00
ABM
Pass
27.60 36.80
26.70 91.10
4900 Marie P. 0 eBarto lo Way I Sa n ta Cla ra. CA 950S4 Ev.llu.lt ion Criteri.l - Ph.lse
Two
Inte rview and Presentations
(40points)
Methodology to Provide
Required Services (30 POints)
Total
Total Combined Ph.lse One
and Pha se Two Score
Ar.lm.lrk Pri tch.lrd ABM
34.00 36.00 36.00
43.20 49.80
85.00 79.20 85.80
168.30 169.20 176.90
C&W
Pass
26.40 35.60
27.00 89.00
C&W
34.00 39.00
73.00 162.00
March 11, 2025
Ms. Charlotte Jensen
Senior Vice President, West Region
C&W Services, Inc.
SCSA
SMn1~ CLAR .', ST:.OI UM AUT HOR I I Y
Subject: Protest letter from C&W Services, Inc. dated March 3, 2025 Reference: Request for Proposals for Janitorial Services at Levi's Stadium {RFP Number FY 24-0062)
Dear Ms. Jensen,
The Santa Clara Stadium Authority received the subject letter from C&W Services, Inc. (C&W), dated March 3, 2025, regarding Request for Proposals (RFP) Number FY 24-0062 for Janitorial Services at Levi's Stadium. In the letter, C&W expresses concerns about an inconsistency in the Notice of Intended Award issued on February 24, 2025, as well as the potential for other errors and inconsistencies in the RFP process.
A. Background
On May 6, 2024, the Forty Niners Stadium Management Company LLC (Stadium Manager) issued an RFP to select a qualified firm for janitorial services at Levi's Stadium. The RFP was published on the Stadium Manager's eProcurement system, and closed on June 12, 2024.
An evaluation committee consisting of subject matter experts reviewed and scored the proposals in a two-step process as outlined in the RFP. Phase One evaluation is based on the criteria outlined in Table 1. Phase Two evaluation included interviews, presentations, and cost evaluations as outlined in Table 2.
Table 1
Evaluation Criteria - Phase One Aramark Pritchard ABM C&W Proposal Responsiveness Pass Pass Pass Pass
Corporate Strength, Experience. 26.70 27.00 27.60 26.40 References, and Reputation of
Proposer (30 points)
Qualifications, Management 35.60 36.00 36.80 35.60
and Administrative Capabilities
(40 points)
Methodology to Provide 21.00 27.00 26.70 27.00
Required Services (30 points)
Total 83.30 90.00 91.10 89.00
1500 Warburton Avenue I Santa Clara, CA I 95050 I 408.615.2210 .,
Charlotte Jensen, C&W Services, Inc.
Re: Protest letter from C&W Services, Inc. dated March 3, 2025APPROVAL OF STADIUM
MANAGER'S REQUEST TO
March 11 , 2025