substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such fil ing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Consultant's assets or of Consultant's interests hereunder. In the event of any Default by Consultant, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon, written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close~out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in Jts possession.
D. In the event of termination under sections 7 .A. or 7, 8., Consultant shall have no further rights hereunder
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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. Consultant shall not hire subcontractors without express written permission from City .
Consultant shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
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11. CONFIDENTIALITY OF MATERIAL
A. "Confidential lnformaUon" means, with respect to a Party hereto, all information or material which either (1) is marked or identified as ''Confidential ," "Restricted," or "Proprietary Information" or other similar marking or identification, or (2) the other Party knew, as recipient, or under the circumstances, should have known, was considered confidential or proprietary by the Disclosing Party (as defined below), except that this Agreement, Consultant priclng, and Consultant proposals incorporated into this Agreement shall not be deemed Confidential Information. Confidential Information shall consist of all information, whether in written, oral, electronic, or other form , furnished in connection with this Agreement by the Disclosing Party or its Representatives ("Representative" is defined as any elected and appointed officials, affiliate, director, officer, employee, agent, advisor or Consultant of a Party or any of its subsidiaries or affiliates) to the Receiving Party (as defined below) or to its Representatives, and specifically includes but is not limited to the City's individually identifiable customer information, and the City's customer usage data and financial data.
B. Consultant and the City shall each hold the other's Confidential Information in confidence. Neither Party shall make the other's Confidential Information available in any form to any third party or use the other's Confidential Information for any purpose other than as specified in this Agreement. The Party providing Confidential Information ("Disclosing Party") to the other Party ("Receiving Party") shall remain the sole owner of such information.
Except as provided elsewhere within this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software or other technology, either expressly or by implication to the Receiving Party, or to its Representatives or to others. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligation of confidentiality; (2) information in the public domain at the time of the disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non-party to this Agreement without any obligation of confidentiality and through no breach of this Agreement by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein; or (6) this Agreement and Consultant's proposals.
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C. By virtue of this Agreement, each Party hereto may disclose to the other Party information that is Confidential Information. This Agreement does not diminish, revoke or supersede any existing confidentiality, non-disclosure or similar agreement between the Parties that does not pertain to the subject matter of this Agreement. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Agreement shall be governed by the terms of this Section 11 which shall supersede any such previous agreement with respect to such Confidential Information and any Confidential Information relating to the subject matter of this Agreement that was exchanged under such previous agreement shall be treated as though it was exchanged under this Agreement as of the date of such exchange.
D. The Receiving Party will treat all Confidential Information of the Disclosing Party, no matter written , electronic, or oral, as confidential and proprietary, and the Receiving Party shall only use such information in furtherance of this Agreement. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party and ensure that such Confidential Information is not disclosed to any other person or entity, except as expressly permitted by this Agreement or as authorized in writing by the Disclosing Party. The Receiving Party shall not disclose Confidential Information of the Disclosing Party received under this Agreement to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Agreement. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limitations on the use and disclosure and prohibition on making copies or summaries of such Confidential Information. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose.
E. If the Receiving Party becomes legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the Disclosing Party or is requested Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible. Thereafter, at its sole costs and expense, the Disclosing Party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If the disclosing Party (I) waives compliance, (ii) fails to respond to the Receiving Party within five (5) business days, or (iii) after providing the notice and assistance required under this Section, the Receiving Party remains required by law to disclose any Confidential Information, the Agreement with Claris Strategy Inc.
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Receiving Party shall dfsclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party's sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose, and will exercise commercially reasonable efforts, at Disclosing Party's expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed.
F. In the event the Receiving Party discloses, disseminates or releases any Confidential fnformation, except as expressly permitted by this Agreement, such disclosure, dissemination or release will be deemed a material breach of this Agreement and the Disclosing Party may demand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Recelving Party shall take any and all necessary actions to recover the improperly disclosed Confidential Information and immediately notify Disclosing Party regarding the nature of the unauthorized disclosure and the corrective measures being taken. Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for any material breach of this Agreement and that specific performance and injunctive relief in addition to monetary damages shall be appropriate remedies for any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have.
G. Within two (2) weeks of the termination of this Agreement, Consultant will return to the City or destroy, to the extent permitted by law, any and all Confidential Information, including all originals, copies, translations, transcriptions or any other form of material, without retaining any copy or duplicate thereof; provided that Consultant may retain Confidential Information contained on backup media created in the ordinary course of business provided further that there is no effort to access such Confidential Information and. Consultant's confidential obligations with respect to such information shall continue so long as such information is retained.
Consultant shall certify in writing the destruction of the Confidential Agreement with Claris Strategy Inc.
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Information. The City may perform an audit of Consultant's records to confirm the return or destruction of the Confidential Information. The City shall have this audit right for two (2) years after the termination of this Agreement.
H. Notwithstanding the termination of this Agreement, this Confidentiality Section shall survive the expiration or earlier termination of this Agreement.
12. OWNERSHIP OF MATERIAL
A. City shall furnish to Consultant such documents and materials as may be relevant and pertinent to the provision of Services hereunder as City may possess or acquire.
B. All documents and materials furnished by City to Consultant, pursuant to Section 12.A , shall remain the property of City and shall be returned to City upon termfnation of this Agreement, for any reason . All documents or material prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall be consfdered works made for hire and shall become the exclusive property of the City, and City shall have the sole right to use such documents and materials without restriction or limitation on their use in City's discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's sole cost and expense, provide such documents and material to City upon written request.
C. Documents and material prepared by Consultant, pursuant to this Agreement, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant, is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such change.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULT ANT
A. City, through its authorized employees, representatives or agents shall have the right during the Term and for four (4) years from the date of final payment for Services or goods provided under this Agreement ("Audit Period"), to audit the books and records of Consultant for the purpose of verifying any and all Consultant invoices and charges.
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B. Consultant shall keep records and invoices in connection with the Services for the length of the Audit Period. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City.
C. Consultant shall use recognized accounting methods in preparing reports and invoices submitted to the City in connection with the Services. City reserves the right to designate its own employee representative(s) or its contracted representatfve(s) with a certified public accounting firm who shall have the right to audit Consultant's accounting procedures and internal controls of Consultant's financial systems and to examine any cost, revenue, payment, claim, other records O( supporting documentation resulting from any items set forth in this Agreement. If Consultant fails to provide supporting documentation satisfactory to City for costs charged, then Consultant agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Consultant agrees to fully cooperate with any such audit(s).
D. Consultant will be notified ln writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Consultant's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Consultant. If Consultant fails to make such payment, Consultant agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Consultant reimburses City for any exception(s). If an audit inspection or examination ,in accordance with this Section discloses overcharges (of any nature) by Consultant to City in excess of one percent (1 %) of the value of that portion of the Agreement that was audited, the actual cost of City's audit shall be reimbursed to City by Consultant.
E. Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing.
Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to the Services.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Consultant 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, incfuding all costs and attorney's fees in providing a defense to any such claim or other action, and Agreement with Claris Strategy Inc.
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whether sounding in law, contract, tort, or equity, in any manner arising from , or alleged to arise in whole or in part from , or in any way connected with the Services performed by Consultant pursuant to this Agreement - including claims of any kind by Consultant's employees or persons contracting with Consultant to perform any portion of the Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Consultant'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, subconsu!tants, subcontractors or other agents of Consultant, against City (either alone, or jointly with Consultant), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Consultant 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, Consultant 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 Consultant's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the Term, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
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17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing , be sent to City addressed as fo'llows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
man aqer@sa ntacla raca. gov
And to Consultant addressed as follows:
Claris Strategy Inc.
Attn: William Lim
1111 Drake Road
Arcadia, CA 91007
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant 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, Consultant'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 Consultant has read and agrees to comply with City's Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299}.
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Agreement with Claris Strategy Inc.
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following, and certifies that it does not know of any facts which would violate these code provfsions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religfon, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition , genetic information , sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21 . NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City's name, 1ns1gnia, or emblem, or distribute any information related to Services uhder this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shalf be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
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SIGNATURES ON NEXT PAGE
The Parties acknowledge and acGept 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: vu l7 ~~, c:Jtld-S
G~
~~o~
City Attorney
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
"CITY"
CLARIS STRATEGY
*choose one: a California corporation
Dated: ~ 025
By (Signature): ~ --:S:
Name: Jam Lim
Title: ,9'01President
Principal Place of
Business Address: 1111 Drake Rd_ Arcadia, CA 91007
Email Address: [email protected]
Telephone: (6~-437-4365
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"CONSUL TANT'
SECTION 1. GENERAL
EXHIBIT A
SCOPE OF SERVICES
1 .1 Consultant shall provide comprehensive professional services to prepare the following for the City's Electric Utility Department, Silicon Valley Power (SVP):
1.1.1 A threat and vulnerability assessment (TVA) report for a total of thirty-nine (39) unique sites, including:
1.1.1.1 Thirty-five (35) City substations
1.1 .. 1.2 One (1) switching station
1.1.1.3 Donald Von Raesfeld Power Plant (DVR)
1, 1.1.4 Gianera Generating Station (Gianera)
1.1.1. 5 Natura), Gas Pipeline & Natural Gas Compressor Station
1.1 .2 Standard plans, details, and specifications for physical and operational security of future substations yet to be constructed.
1.1.3 Update to 2021 Utility Security Plan
1.2 The terms "City" and "SVP," are used interchangeably.
SECTION 2. SPECIFIC WORK REQUIREMENTS
2.1 Threat and Vulnerability Assessment Report. Consultant will prepare a report that will (a) identify critical assets at each facility , (b) identify mitigation, protection, prevention, and resiliency efforts to address security and reduce the potential of long-term outage, and (c) provide a prioritization of the overall needs for City's consideration. Consultant shall provide recommendations of required and desirable improvements at each facility with cost estimates. Consultant shall comprehensively identify optimal physical and operational security for each facility and may focus on the following areas for each facility:
2.1.1 Parking/Delivery/Standoff
2.1.2 Security Force Profile
2.1,3 Barriers
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2.1.4 Electronic security systems
2.1 .5 Dependencies (Electric Power)
2.1.6 Dependencies (Information Technology)
2.2 Standard Plans, Details, and Specifications for Physical and Operational Security of Future Substations. Consultant shall provide recommendations, standard plans, details, and specifications for optimal physical and operational security for future substations yet to be constructed, to improve public safety and deter sabotage; theft, and vandalism that includes, but is not limited to, the following:
2.2.1 Access control system that cons·ists of access control panel, auxiliary power supply, card readers at all doors, magnetic door contacts, and wire and other related accessories.
2.2.2 Perimeter fence/wall, equipment and communication line protection, gate security and access control, intrusion alarm, video cameras, and biometric identification systems.
2.2.3 Consultant shall evaluate the City's current access control system software fat two separate systems: SVP's main system and SVP's isolated system, both subject to federal regulatory compliance requirements, including the North American Electric Reliability Corporation (NERC). If Consultant recommends new software, Consultant shall provide a comprehensive report containing a cost-benefit, resource analysis, and impact analyses, along with an estimated timeline and other considerations identified by Consultant. If the City chooses to replace the systems, the City may request Additional Services (as defined in Section 7) pursuant to Section 7 from Consultant, such as but not limited to:
2.2.3.1 Assisting the City in facilitating the Request for Proposals (RFP) including the development of solicitation documents, assistance with responding to vendor questions, and participation in the evaluation process and contract negotiations.
2.2.3.2 Providing services to maintain current system functionality.
2.3 2021 Utility Security Plan Update
2.3.1 Consultant shall provide:
2.3.1.1 A detailed narrative explaining how SVP can take steps to implement a preventative maintenance plan for security
equipment to ensure that mitigation measures are functfonal and performing adequately.
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2.3.1.2 A description of distribution and/or security control center roles and actions related to distribution system physical security.
2.3.2 Consultant shall identify and recommend firms, utilities, or municipalities capable of conducting an independent review of the updated Utility Security Plan delivered by Consultant to City.
2.3.3 Consultant shall provide recommendations that support and integrate with SVP's resiliency plans and activities.
2.3-4 Consultant s·hall review and update the 2021 Utility Security Plan to include up to six {6) of the thirty-nine (39) sites identified in Section 1.1. Consultant shall submit an updated plan that complies with the requirements of the California Public Utilities Commission (CPUC) Decision 19-01-018. The report shall include, but not be limited to, the following:
2.3.4.1 Overview
2.3.4.2 Background
2.3.4.3 Plan Development Process
2.3.4.4 Identification of Covered Distribution Facilities
2.3.4.5 Risk Assessment per Site
2.3.4.6 Covered Distribution Facility Mitigation Plans per Site
2.3.4.7 Independent Evaluation and Response
2.3.4.8 Validation
2.3.4.9 Narrative Descriptions for Utility Security Plan
2.4 Project Management/Communication
2.4.1 Consultant shall communicate and coordinate with the City's designated project manager and project team .
2.4.2 Consultant shall conduct meetings with the City, third-party contractors or consultants, vendors, and other design consultants as necessary. These meetings may be conducted in person or virtually.
2.4.3 Through the project manager designated by City, Consultant shall coordinate with SVP Divisions including Planning, Fiber, Protection, Substation, Systems Support, Operations, Engineering Records Retention, Agreement with Claris Strategy Inc.
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Electrical Control Center, and management. Such coordination shall be incorporated into the fixed price defined in Exhibit B.
2.4.4 Consultant will be provided access to and is expected to use the City's project management tool, e-Builder, further described in Section 6 for managing schedules, action items, and invoicing. All other files, such as reports, plans, and deliverables, must be submitted to a City-controlled Secure File Transfer Protocol (SFTP) site separate from e-buifder.
2.4.5 Consultant is responsible for providing all staff and materials to complete the project.
2.4.6 Consultant shall perform the required services at their own offices.
2.4. 7 Consultant is required to conduct site or field visits to support their work.
2.4.8 Cohsultant must ensure the information security of all City-owned data in its possession, including any data or materials generated by the Consultant and its affiliates, subcontractors, and service providers in connection with the work for the City. This includes implementing specific methods for storage, handling, and transmittal of the data or materials. Consultant shall be compliant with System and Organization Control (SOC or SOC2) and work within a Federal Risk and Authorization Management Program (FedRAMP) security framework.
SECTION 3. PROJECT WORK PLAN
3.1 Task 1 - Project Start Up
3.1.1 Request for Background Materials. Consultant shall submit a data request(s) to City for information needed to perform services. All data shall be exchanged through SFTP site provided by City. The requested information may include, but not be limited to:
3.1 .1.1 City and/or SVP goals and policies.
3.1.1.2 Regulatory requirements.
3.1.1.3 Previous threat and vulnerability assessments.
3.1.1.4 Previous physical security assessments.
3.1.1.5 Security plans including 2021 Utility Security Plan.
3.1.1.6 Emergency response plans.
3.1.1. 7 Security system information, such as:
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3.1.1.7.2 3.1.1.7.3
3.1.1.7.4 3,.1.1.7.5
As-built floor plans with layout of rooms, cable paths, architectural features, and security devices.
System block diagrams illustrating the overall
architecture and components of the electronic
security systems and interconnections between
different devices.
Wiring diagrams depicting the electrical connections
between different components of the security
system.
Elevation Drawings with a vertical view of specific
areas, such as the exterior walls where security
devices are placed.
Integration Design Documents: a comprehensive
and detailed blueprint for the integration of disparate systems, applications, or components within a larger
software or IT infrastructure. This document outlines
the architecture, data flow, interfaces, protocols, and communication mechanisms.
3.1.1.8 City Policies regarding:
3.1.1,8.1
3.1.1.8.2 3.1.1.8.3
3.1.1.8.4 3.1.1.8.5
How video can be used in the city.
Exporting and sharing recorded video.
Configuration of video cameras (resolution ,
framerate, codec, compression, etc.).
Design standards or design criteria for security
systems.
User accounts and access rights for various security
systems.
3.1.1.9 Standard Operating Procedures.
3.1 .1.9.1
3.1.1 .9.2
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Response to access control alarms (e.g. door held
open, door forced open) to include alarmed gates
and roll-up doors.
Response to duress alarm
3.1.1 .9.3 Procedures for exporting and sharing recorded video.
3.1.1.9.4 Procedures for viewing live video.
3.1 .1.10 After-Action Reports and Improvement Plans.
3.1 .1.11 Site maps and faci lity plans of facilities to be assessed.
3.1. 1.12 Customer and staff data regarding safety and security issues.
3.1. 1.13 Specific safety and security standard operating procedures (SOPs).
3.1, 1.14 Organization charts.
3.1.1.15 Previous related studies and reports.
3.1.2 Project Kick-Off Meeting
Consultant shall schedule a .kick-off meeting with SVP personnel. The kick-off meeting shall be virtual, unless SVP requests the meeting to be onsite to coincide with the scheduled site visits. The meeting agenda shall include:
3.1.2.1 Review of project goals and assumptions.
3.1.2.2 Review project scope and work plan.
3.1.2.3 Establishment of a schedule for delivering (a) the Threat and Vulnerability Assessment Report; (b} the Standard Plans, Details, and Specifications for Physical and Operational Security of Future Substations; and (c) the Utility Security Plan.
3.1.2.4 Identification of City staff and Consultant's team members roles and responsibilities.
3.1.2.5 Confirmation the facilities to be assessed.
3.1.2.6 Data collection methods to be used.
3.1.2. 7 Discussion of preliminary set of assessment criteria.
3.1.2.8 Discussion of risk methodology use for risk assessment.
3.1.2.9 Establishment of communication channels.
3.1.2.10 Confirmation of key project dates and deliverables.
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3.1_2.11 Discussion and confirmation of dates for site walk,
3.1.2.12 Development of initial list of stakeholders.
3.1 .2.13 Project team discussion.
3.2 Task 2 - Data Collection
3.2.1 Site and Facilities to Assess
3.2.1.1 Consultant to conduct site visits to assess thirty-nine (39) SVP sites including:
3.2.1.1 .1
3.2.1.1.2 3.2.1.1.3
3.2.1 .1.4
3.2.1.1,5
Thirty-five (35) City substations.
Switching Station.
Donald Von Raesfeld Power Plant.
Gianera Generating Station.
Natural Gas Pipeline and Natural Gas Compressor
Station.
3.2.2 Site and Facility Walks
3.2.2.1 Consultant shall use the site and facility walks to evaluate potential threats to document the security measures in place, to assess any vulnerabilities, to identify any opportunities for improvement, and gather any other data required for Consultant to perform Services.
3.2.2.2 Consultant will be accompanied at all times by SVP staff and may only photograph with consent from SVP staff.
3.2.2.3 Consultant shall document the site and facilities through photographs and notes, focusing· on an assessment criteria checklist previously developed and agreed upon by Parties. These will include
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Site and fadlities physical security including use of
entrances and exits for vehicles and persons,
lighting, fences, walls, gates, guard rails, bollards,
secured doors and locking systems, screening
centers and equipment and guard posts.
3.2.2.3.2 3.2.2.3.3
3.2.2.3.4 3.2.2.3.5
3.2.2.3.6 3.2.2.3.7
3.2.2.3.B
Intrusion and egress vulnerabilities to the threats
such as terrorist attack, active shooter, and criminal
behavior.
Video surveillance systems (CCTV).
Access control systems.
Intrusion detection systems.
Communication systems dependencies.
Electric power dependencies.
Information technology systems dependencies.
3.2.2.4 During the faciHty walks, Consultant shal.l evaluate the following with respect to the security systems at the facilities:
3.2.2.4.1 3.2.2.4.2
3.2.2.4.3 3.2.2.4.4
Agreement with Claris Strategy Inc.
Rev, 07-01 -18
Coverage: Evaluate the system's coverage and
ensure that all critical areas, such as entry and exit
points, perimeters of buildings, areas critical to
operations, and public spaces are adequately
covered by cameras.
Quality: The quality of the video footage is essential
for identifying people and events accurately, Every
camera should have a specific objective and
purpose (detection, observation, recognition,
identification). Some cameras will be used for
general observation of a space while other cameras
should provide high- resolution video that can
capture details such as faces, license plates, and
other identifying features.
Storage: The system should have sufficient storage
capacity to retain video footage for an extended
period, Depending on the City's requirements, the
storage capacity should be able to retain video
footage for a specified amount of time.
Integration: The video surveillance system could be
integrated with other security systems, such as
access control and alarm systems. Integration
ensures that ihe video footage can be used in
conjunction with other security measures to enhance
3.2.2.4.5 the overall security of the city . Integrations will be evaluated and considered in the process.
Maintenance: The system should be easy to
maintain, and regular maintenance should be
performed to ensure optimal performance.
Maintenance and support options will be considered
with any recommendations.
3.2.3 Key Stakeholder Interviews
3.2.3.1 Consultant will conduct interviews (up to eight interviews) with key City staff. Each interview will be approximately sixty minutes in length. Interviews may be held virtually or, if possible, be held on site during the site walks. The interviews will:
3.2.3.1.1 3.2.3.1.2
3.2.3.1.3 3.2.3.1 .4
3.2.4 Document Review
Identify the key stakeholders responsible for security
at the sites to be assessed.
Include meetings with key stakeholders, including
Planning, Fiber, Protection, Substation, Systems
Support, Operations, Engineering Records
Retention, Electrical Control Center, and
management to discuss ahy security concerns, past
incidents, challenges, lessons learned and
opportunities.
Develop an understanding of the processes and
procedures in place to monitor, patrol, report, notify
and respond to security incidents.
Meetings with law -enforcement and security staff to
discuss security issues such as criminal activity,
incident reports, and community and social concerns
which could impact the potential threats and
vulnerabilities surrounding the sites.
Consultant shall review the background material received in detail to develop an understanding of the current state of the safety and security of the facilities.
3.2.5 Research
3.2.5.1 Threat Analysis Based on Local and National Research.
Consultant shall perform research on the following threat areas:
Agreement with Claris Strategy Inc.
Rev, 07-01-18
Page22 of 46
3.2.5.1 .1
3.2.5.1 .2
Terrorist threat. Consultant shall regularly update
the threat profile for various types of terrorist threats to critical infrastructure utilizing our sources and
contacts at applicable security organizations such as
the Federal Bureau of Investigation (FBI),
Department of U. S. Department of Homeland
Security (OHS), Joint Terrorist Task Force (JTTF),
lnfragard, Federal Emergency Management Agency
(FEMA), local law enforcement and American
Society for Industrial Safety (ASIS) to identify the
current best practices to harden high target facilities.
Criminal Statistics. Consultant shall provide three (3) years of crime statistics for each facil ity location.
Analysis will include current, real-time, and historical data by ut11ization of the Federal Bureau of
Investigation Uniform Crime Report (UCR) systems
as well as Automated Regional Justice Information
Systems (ARJIS) to target Part 1 violent crimes, Part
1 property crimes, and Part 2 offenses.
3.3 Task 3 Findings Summary and Risk Analysis
Consultant shall perform the following actions in Task 3:
3.3.1 Findings. Consultant shall produce and discuss an initial set of findings that will include:
3.3.1. 1 A summary of the information collected, using a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis for each facility.
3.3.1.2 Identification of locations necessitating the construction, or addition of physical deterrents.
3.3.1.3 Risk analysis with prioritization of areas requiring mitigation.
3.3.1.4 Identification of rough order of magnitude costs.
3.3.2 Findings Meeting. Consultant shall host a virtual meeting with City's project staff to review Consultant's findings. This meeting shall include a review of the SWOT analysis, and City will provide direction to Consultant identifying which mitigation strategies to focus on for the final report.
3.3.3 Risk Assessment. Consultant shall use the information collected to develop a risk assessment based on the assets to be protected, relevant Agreement with Claris Strategy Inc,
Rev. 07-01-18
threats and vulnerabilities identified. Consultant shall use the U.S. Department of Homeland Security (DHS)/Federal, Emergency Management Agency (FEMA) methodology for the risk assessment:
Risk (R) = Threat (T) x Vulnerability (V) x Consequence (C)
3.3.3.1 Threat Assessment. Based on the research, Consultant will identify the relevant threats to each facility. Consultant will rate relevant threats for a facility on a scale of 1 (Very Low) to 10 (Very High). At a minimum, Consultant will consider the following threats and hazards:
3.3.3.1.1 3.3.3.1.2
Terrorist attack: Vehicle borne bomb, person borne
bomb, vehicle ramming, drone attach, active
shooter, firearms to grid components, generation
lines, fue./ tanks, sabotage, chemical, biological,
radiological, and nuclear and explosives (CBRNE)
attack.
Criminal activity: Active shooter, firearms to grid
components, generation lines, fuel tanks,
trespassing, assault, theft or diversion, robbery,
rape, arson, vandalism, and insider threat.
3.3.3.2 Vulnerability Assessment. In the vulnerability assessment, Consultant will include an in-depth analysis of the facilities' functions, systems, and site characteristics to identify building weaknesses and identifying mitigations or corrective actions that can be designed and/or implemented to reduce the vulnerabilities.
Consultant will rate each relevant vulnerability on the scale of 1 (Very Low) to 10 (Very High).
At a minimum, Consultant will consider, the following
components in the vulnerability assessment for each facility:
3.3.3.2.1 3.3.3.2.2
3.3.3.2.3 3.3.3.2.4
3.3.3.2.5 3.3.3.2.6
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Fencing/gates.
Security lighting.
Security signage.
Vehicle bollards.
Door and gate locks.
Blast res'istance/standoff distances.
3.3.3.2.7 3.3.3.2.8
3.3.3.2.9 Panic buttons.
Security systems: video surveillance, access
control, intrusion detection, system monitoring.
Security/emergency communications
3.3.3.2.10 Electric power and information technology
dependencies
3.3.3.3 Consequences. Consultant shall use the DHS/FEMA threat and vulnerability assessment methodology to quantify the potential losses. For each facility, Consultant will rate each consequence on a scale of 1 (Very Low) to 10 (Very High) in the following four categories.
3.3.3.3.1 3.3.3.3.2
3.3.3.3.3 3.3.3.3.4
3.3.3.4 Risk Analysis
Human Impact. Effects on human life and physical
wellbeing (e.g. fatalities, injuries).
Economic Impact. Direct and indirect effects on the
economy with respect to the buildings and its
functions.
Public Confidence. Effect on the public confidence
in the organization to deliver service. This shall
encompass those changes in perception emerging
from a significant incident that affect the public's
sense of safety and wellbeing.
Business Functionality. Effect on the business's
ability to continue operations to delivery serve.
Using the confirmed threat, asset and vulnerability assessments, Consultant shall quantify the level of risk for each facility against each primary threat using the risk equation below. Consultant wlll tabulate an overall risk rating for each facility. The risks will be ranked high, medium and low.
Risk Factors
Total
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Low Risk
1-60
Medium Risk High Risk
61-175
3.3.4 Recommendations
From the risk analysis, Consultant will develop a set of recommendations, prioritized by risk, for mitigating the vulnerabilities and enhancing the physical security measures and security systems.
3.3.5 Risk Assessment Workshop
Contactor shall schedule and conduct a virtual workshop with City's project team and key stakeholders to review and discuss the risk assessment and initial recommendations.
3.3.6 Task 4 Cost Analysis
Consultant will review the prioritized recommendations and develop a rough order of magnitude (ROM) cost estimate, divided fnto short and long-term costs.
Consultant will use historic data, current market pricing and in some cases direct vendor estimates to prepare the cost estimates for the physical deterrents and security system improvements. Consultant will break down the cost estimate for each facility.
3.4 TASK 4 FINAL REPORT
Consultant's final, report will include a threat and vulnerability assessment report; standard plans, details, and specifications for physical and operational security of substations yet to be completed; and an updated Utility Security Plan.
3.4.1 Threat and Vulnerability Assessment Draft Report
Consultant shall develop a draft report for SVP review. The draft report will include content developed during the previous tasks with the final content, recommendations, and appendices finalized in the draft report. The preliminary table of contents for the draft report will include:
3.4.1 1 An executive summary
3.4.1.2 An introduction with project scope, methodology and assumptions.
3.4.1.3 A findings summary with SWOT analysis.
3.4.1.4 A threat analysis.
3.4.1.5 A vulnerability assessment
3.4.1.6 A consequence analysis
3.4.1. 7 A risk assessment summary
Agreement with Claris Strategy Inc.
Rev. 07-01-18
3.4.1.8 An evaluation matrix ranking risk based on threat vulnerability and consequence.
3.4.1 . 9 A prioritized set of recommendations with a focus on the security systems .
3.4.1.10 Rough-Order-of-Magnitude costs for the recommendations.
3.4. i .11 A summary report of each identified facility which may include:
3.4.1.11 .1 A description of the facility and its key functions
3.4.1. 11 .2 A threat analysis
3.4.1. 11.3 A vulnerability assessment of each site
3.4.1.1 1.4 A consequence analysis
3.4.1· .11 .5 A risk assessment matrix
3.4.1. 11 .6 Site-specific recommendations for mitigation
3.4.1.12 A set of appendices that includes a glossary and detailed crime statistics.
3.4.2 Consultant shall present the key elements of the Draft Threat and Vulnerability Assessment 'Report to SVP (and other stakeholders) at a virtual meeting.
3.4.3 After SVP review of the draft report, Consul ant shall incorporate any changes recommended by SVP into the final report. Consultant will submit the Threat and Vulnerability Assessment Final Report to City staff for approval.
3.4.4 Standard Plans, Details and Specifications for Physical Security and Operational Security of Future Substations.
3.4.4.1 Upon completion of the Threat and Vulnerability Assessment Final Report, Cohsultant shall develop a base plan for a substation; design physical security components including perimeter fence/wall, equipment and communication line protection, gate security and access control, intrusion alarm, video cameras, and biometric identification systems. Consultant shall produce details and develop specifications for City's use.
3.4.4.2 Consultant shall ihclude an evaluation of the City's current access control software for the two separate systems in its evaluation_ Agreement with Claris Strategy Inc.
,Rev. 07-01 -1 8
Consultant will make recommendations for new software if Consultant determines new software is warranted.
3.4.4.3 If Consultant determines new access control software is recommended, Consultant shall provide a comprehensive report supporting such recommendation. The comprehensive report will contain a cost benefit analysis, a resource analysis, and an mpact analysis along with an estimated timeline and other
considerations.
3.4.5 Utility Security Plan Update
After completion of the Threat and Vulnerability Assessment Final Report, Consultant shall prepare an update to SVP's 2021 Utility Security Plan. This update shall, at minimum, include:
3.4.5.1 A detailed narrative explaining how SVP can take steps to implement a preventative maintenance plan for security
equipment to ensure that mitigation measures are functional and performing adequately.
3.4.5.2 A description of Distribution and/or Security Control Center roles and actions related to distribution system physical security
3.4.5.3 Recommendations that support and integrate with SVP's resiliency plans and activities.
3.4. 5.4 Analysis of up to six (6) sites of the thirty-nine (39) sites identified ,in Section 1. 1,
3.4.5.5 Sections for each of the following:
3.4.5.5.1 3.4.5.5.2
3.4.5.5.3 3.4.5.5.4
3.4.5.S.5
3.4.5.5.6 3.4.5.5.7
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Overview
Background
Plan Development Process
Identification of Covered Distribution Facilities
Risk Assessment of Each Site
Covered Distribution Facility Mitigation Plans per
Site
Independent Evaluation and Response
3.4.5.5.8 Validation
3.4.5.5.9 Narrative Descriptions for Utility Security Plan SECTION 4. PROJECT SCHEDULE ANO DELIVERABLES
4.1 Task 1. Project Start-Up
4.1.1 Request for Background Material. Consultant shall submit request for background material to City within the first two weeks after project start. 4_ 1.2 Project Kick-Off Meeting. Consultant shall schedule the project kick-off meeting no later than 2 weeks after submittal of request for background material.
4.2Task 2. Data Collection and Evaluation
4.2.1 Within sixty (60) calendar days of project start, Consultant shall complete the following:
4.2.1 .1 Site visits and facility walks
4.2.1.2 Key stakeholder interviews
4.2.1.3 Document review
4.2.1.4 Local and national research for threat analysis
4.3 Task 3. Findings Summary and Risk Analysis
4.3. 1 Findings Summary and Findings Meeting with City. Within thirty (30) calendar days of oompletion of Task 2, Consultant shall produce a summary of findings and present the findings to the City for discussion.
4.3.2 Risk Analysis. Within thirty (30) calendar days of the findings meeting, Consultant shalJ:
4.3.2.1 Conduct the threat and vulnerability assessments
4.3.2.2 Prepare the initial risk analysis
4.3.2.3 Prepare initial recommendations based on the risk analysis
4.3.3 Risk Assessment Workshop. Within forty-five (45) calendar days after the findings meeting, Consultant shall conduct a risk assessment workshop with City .
Agreement with Claris Strategy Inc.
Rev. 07-01-18
4.3.4 Cost Analysis. Within fifteen (15) calendar days of the risk assessment workshop, Consultant shall complete the cost analysis.
4.4 Task 4. Final Reports.
4.4.1 Threat and Vulnerability Assessment Report.
4.4.1 .1 Within forty-five (45) calendar days of the risk assessment workshop, Consultant shall complete the draft report and meet with City to discuss the draft report.
4.4.1.2 City shall review the draft report and provide comments to Consultant within fifteen (15) calendar days of the meeting.
4.4.1.3 Within fifteen (15) calendar days of receiving the City's comments on the draft report, Consultant shall submit the final report to the City.
4.4.2 Substation Plans, Details, and Specifications. Within sixty (60) calendar days after submittal of the final Threat and Vulnerability Assessment Report, Consultant shall provide City with the substation plans, details and specifications.
4.4,3 2021 Utility Security Pfan Update.
4.4.3.1 Within forty-five (45) calendar days after the Consultant submits the Threat and Vulnerability Assessment Final Report to City, Consultant shall submit the draft Utility Security Plan Update to City for review.
4.4.3.2 City shall review draft Utility Security Plan Update and provide comments to Consultant within fifteen (15) calendar days.
4.4.3.3 Within seven (7) calendar days of receiving City's comments, Consultant shall submit to City the final Utility Security Plan Update.
4.5 Submission of Final Reports. Consultant will deliver three (3) hard copies of the final Threat and Vulnerability Assessment Report, Substation Plans, Details and Specifications, and the updated Utility Security Plan to the City and upload the digital format (pdf) of each report to the City's SFTP site.
SECTION 5. SPECIAL REQUIREMENTS
In accordance with SVP's CIP-013 Supply Chain Risk Management Program, the Consultant is required to complete a Vendor Risk Assessment and Attestation. In Agreement with Clarfs Strategy Inc.
Rev. 07-01-18
delivering the services under this agreement, Consultant must adhere to SVP's. Security Incident Response Plan outlined below
5.1. Definitions
5.1.1 Security Incident: A Security Incident is defined as (a) any breach event or known vulnerability or potential security flaw in the product delivered by Consultant to City and (b) any event perpetrated, or attempted, by Consultant, employee of Consultant, affiliate, subcontractor, or service provider working on behalf of Consultant providing services to City, including, but not limited to, unauthorized disclosure of non-public information, unauthorized remote or local use of data or materials, unauthorized access or change to any City system, product crashing due to third-party interference, embedded malware, or opening of unauthorized/undisclosed communication channels.
5.1.2 Banned Vendors or Products: Banned vendors or products are deemed to pose a threat to the U.S. bulk power system (BPS) or bulk electric system (BES) and are identified in U.S. executive orders or by federal government agencies including, but not limited to, the Department of Defense, Department of Energy, the Department of Homeland Security1 the Federal Energy Regulatory Commission, or the North American Electric Reliability Corporation.
5.2 Notification of Security Incident
5.2.1 Consultant shall notify City immediately by email to designated SVP representative whenever a Security lnci.dent occurs.
5.2.2 Anytime Consultant becomes aware of a Security Incident, Consultant must provide notice by email to the City contact identified in the Agreement and the SVP Project Manager, in the most expedient time possible and without unreason~ble delay, but no more than five (5) business days after discovery.
The notice shall include the date and time of the Security Incident occurrence ( or the approximate date and time of the occurrence if the actual date and time of the occurrence is not precisely known) and a detailed summary of the facts and circumstances of the Security Incident, including a description of (a) how the Security Incident occurred (e.g. , a precise description of the reason for the system failure (root cause analysis) to the extent known - interim reports are allowable), (b) the nature, type, and scope of the Security Incident including which products or system(s) that may be impacted, (c) the scope of City information known or reasonably believed to have been disclosed, and (d) the measures taken or planned to address and remedy the occurrence to prevent the same or a similar event from occurring in the future.
5.2.3 Consultant shall provide written updates of the notice to City addressing any new facts and circumstances learned after the initial written notice is provided and shall provide such updates within a reasonable time after learning of those Agreement with Claris Strategy Inc.
Rev. 07-01-18
new facts and circumstances. Consultant shall cooperate with City in City's efforts to determine the risk, if any, to the BES posed by the Security Incident, including providing additional informatfon regarding the Security Incident upon request from City.
5.2.4 Consultant shall ensure a confirmation of receipt is received by the City for al/ initial and follow-up communication regarding the Security Incident.
5.3Coordination of Responses Related to Security Incident
5.3.1 Development and Implementation of a Security Incident Response Plan.
5.3.1.1 To the extent practicable, Consultant shall share any documentation (policies, plan, and procedures), and any updates to such documentation, to address Security Incidents ("Response Plan") in place to mitigate the harmful effects of Security Incidents and addressing and remedying the occurrence to prevent the recurrence of Security Incidents in the future.
5.3.1.2 Consultant shall provide City access to inspect its Response Plan.
The Response Plan should align with the best practices consistent with the contingency planning requirements of National Institute of Standards and Technology (NIST) Special Publication 800-61 Rev. 2, NIST Special Publication 800-53 Rev. 4, CP-1 through CP-13 (and NIST SP 800-61 Rev. 3 upon its promulgation), and the incident response requirements of NIST Special Publication 800- 53 Rev. 4, IR-1 through IR-10 as those standards may be amended from time to time. In the event of a conflict between NIST and NERC, NERC will control.
5.3.1.3 As soon as practicable, understanding tfme is of the essence, upon learning of a Security Incident related to the products and services provided to City by Consultant, Consultant shall notify City of that ·implementation by contacting the designated SVP
representative( s).
5.3.2 Prevention of Recurrence: As soon as practicable, understanding time is of the essence, Consultant shall provide recommendations, action plans, and/or mitigating controls to City on actions that City may take to assist in the prevention of recurrence, as applicable or appropriate,
5.3.3 Notification to Affected Parties: Consultant will, at its sole cost and expense, assist and cooperate with City with respect to any investigation of a Security Incident, to the extent the Security Incident involves or arises from Consultantprovided products or services, disclosures to affected parties, and other remedial measures as requested by City in connection with a Security Incident Agreement with Claris Strategy Inc.
Rev. 07-01 -18
or required under any applicable Jaws related to a Security Incident, to the extent necessary.
5.4 Verification of Software Integrity and Authenticity of Patches
5.4.1 Hardware, Firmware, Software, and Patch Integrity and Authenticity:
Consultant shall comply with SVP's NERC CIP-01 O Policy and Procedure regarding the verification of the identity of the patch source and the integrity of the software obtained from the source.
5.4.2 Computer Viruses and Malware: Consultant shall warrant that it has no knowledge of any computer viruses or malware coded or introduced into any software or patches, and Consultant will not insert any code which would have the effect of disabling or otherwise shutting down all ora portion of such software or damaging information or functionality.
5.4.3 Remedies: If a virus or other malware is found to have been coded or otherwise introduced as a result of Consultant's product, service, actions, or negligence, Consultant shall immediately, and at its own cost take all necessary remedial action and provide assistance to City to eliminate the virus or other malware throughout City's information networks, computer systems, and information systems, regardless of whether such systems or networks are operated by or on behalf of City; and restoring previous functionality of the affected device, system, or product.
5.5 Controls for Remote Access
5.5.1 In the course of furnishing products and services to City under the Agreement, Consultant, or through any of their affiliates, subcontractors or service providers, shall not access, and shall not permit Consultant personnel to access City property, systems, or networks or City information without City's prior express written authorization. Such written authorization may subsequently be revoked by City at any time ·in City's sole discretion. Further, any Consultant personnel access shall be consistent with , and in no case exceed the scope of, any such approval granted by City. All City authorized connectivity or attempted connectivity to City's systems or networks shall be in conformity with City's security policies, including, but not limited to, those policies used to address the NERC CIP reliability standards, as may be amended from time to time.
5.5.2 Consultant shall maintain controls designed to protect City-issued credentials and shall ensure that network devices have encryption enabled for network authentication to prevent possible exposure of City-issued credentials.
Agreement with Claris Strategy Inc.
Rev. 07-01-18
5.5.3 Prior to using any virtual private network (VPN) or other device to simultaneously connect machines on any City system or network to any machines on any Consultant or third-party systems, Consultant shall:
5.5.3.1 Complete and provide an SVP VPN request form with the full name of each individual who uses any such remote access method and the phone number and email address at which the individual may be reached while using the remote access method, and
5.5.3.2 Agree that any computer used by Consultant personnel to remotely access any City system or network will not simultaneously access the Internet or any other third-party system or network while l'ogged on to City systems or networks.
5.5.3.3 Not be allowed to connect any of Consultant's computers to any of City system or network directly.
5.5.4 Consultant shall ensure that City-issued credentials issued to Consultant personnel for accessing City networks are not shared between Consultant personnel.
5.5.5 Consultant shall recommend any additional protective measures to address the security of remote and onsite access to City Information, City systems and networks, and City property.
5.6Consultant Notification of Remote or Onsite Access Revocation
5.6.1 Consultant shall immediately take all steps necessary to remove Consultant personnel's access to any City Information, systems, networks, or property at such time when :
5.6.1. 1 Any Consultant personnel no longer requires such access in order to furnish the services or products provided by Consultant under the Agreement,
5.6.1.2 Any Consultant personnel is terminated or suspended or his or her employment otherwise ends; or
5.6.1 .3 Consultant reasonably believes any Consultant personnel poses a threat to the safe working environment at or to any City property, including to employees, customers, buildings, assets, systems, networks, trade secrets, confidential data, and/or employee or City Information.
5.6.2 Consultant shall notify City, no later than close of business on the same day as the day termination or change set forth in this section, occurs. Additionally, Consultant will notify City by contacting the SVP designated representative(s) Agreement with Claris Strategy Inc.
Rev. 07-01~18
upon removal of access to City Information as well as City property, systems, and networks.
5. 7 Consultant Cybersecurity Policy:
Consultant shall provide to City its cybersecurity policy and shall implement and comply with said cybersecurity policy.
5.8 Regulatory Examinations
5.8.1 Consultant agrees that any regulator or other governmental entity with jurisdiction over City and its affiliates, including but not limited to the North American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC), may examine Consultant's activities relating to the performance of its obligations under this Agreement to the extent such authority is granted to such entities under the law_
5.8.2 Consultant shall promptly cooperate with and provide all information reasonably requested by the regulator or other governmental entity in connection with any such examination and provide reasonable assistance and access to all equipment, records, networks, and systems requested by the regulator or other governmental entity.
5.8.3 Consultant shall comply with all reasonable recommendations that result from such regulatory examinations within reasonable timeframes at Consultant's sole cost and expense. The foregoing cooperation and assistance will be rendered at Consultant's then- current time and materials rates, subject to City's prior written authorization.
SECTION 6. E-BUILDER
6.1 Use of e-Builder. When required by City, Consultant shall use e-Builder for managing schedules, action items, and invoicing throughout the Term. e-Builder is a web-based construction management application hosted bye-Builder, Inc. For schedules, action items, and invoicing, e-Builder shall be the primary means of project information submission and management. Consultant shall not use ebuilder for any confident al data including reports, plans, and deliverables which Contractor must submit to a City-controlled Secure File Transfer Protocol (SFTP) site provided by City_
6.2Access toe-Builder. The City will establish the Consultant's access toe-Builder by providing licenses to Consultant's personnel at City's cost. The Consultant's designated users will be required to set up their computers/systems to use eBuilder in accordance with thee-Builder User Training Guide. The City reserves the right to limit the licenses issued to Consultant at any time.
Agreement with Claris Strategy Inc.
Rev, 07-01-18
6.3 E-builder Training. Consultant is required to obtain all necessary training to use the e-builder software. Consultant must participate in at least one classroom training or a web-based seminar as determined by City.
6.4 Connectivity to e-Bullder. e-Builder is a web-based environment and therefore it is subject to the inherent speed and connectivity limitations of the Internet.
Consultant is responsible for its own connectivity to the Internet. e-Builder's response time is dependent on the Consultant's equipment, including processor speed, Internet access speed, etc., and current traffic on the Internet. The City will not be liable for any delays associated with Consultant's use of e-Builder including, but not limited to slow response time, downtime periods, connectivity problems, or loss of information. The Consultant shall ensure connectivity to the e-Builder system whether at the home office or job site. Under no circumstances wm Consultant's use of e-Builder be grounds for a time extension or cost adjustment to the Services.
6.5Acceptance of Information. Data entered in a collaborative mode (entered with the intent to share as determined by permissions and workflows within the e-Builder system) by the City and the Consultant will be jointly owned. Consultant is responsible for managing, tracking , and documenting the Services provided and to comply with the requirements of this Agreement. The City's acceptance of documentation in e-builder via automated system notifications or audit logs extends only to the face value of the submitted documentation and does not constitute validation of the Consultant's submitted information.
6.6 Format of Project Documents. In addition to submittal of documents through eBuilder, at the City's sole discretion, the City may require Consultant to submit documents in hard copy format, or both electronic and hard copy format.
6.7 Project Communication. While regular email may still be used for communication, when requested by City, e-Builder shall be used as much as possible in connection with schedules, action items, and invoicing required in the performance of Services where City has directed the use of e-Builder Where applicable, Consultant shall be responsible for scanning or otherwise converting to electronic format all schedules, action items, and invoicing documents, and uploading them to the eBuilder website. Consultant shall be responsible for the validity of its information placed in e-Builder. Consultant shall use the existing forms and processe.s in eBuilder to the maximum extent possible. If a required form does not exist in eBuilder, Consultant may include a form of its own or one provided by the City (if available) as an attachment to a submittal or process.
6.8Archive Copies. When requested by City, Consultant shall keep an archive copy of al! digital data created by Consultant, or submitted to Consultant via e-mail, or resident on e-Builder for the duration of the Agreement. Such data shall be available to City, and authorities with the jurisdiction (including funding agencies or representatives) on demand.
Agreement with Claris Strategy Inc.
Rev. 07-01-18
6.9Should the City replace e-Builder with a different project management tool, Consultant, and subcontractors shall be required to use the new project management tool selected by the City.
SECTION 7. ADDITIONAL SERVICES
7.1 Additional Services are tasks or deliverables not outlined in Exhibit A, including services requested by the City beyond the agreed. scope. Prior to commencing any Additional Services requested by City, Consuttant shall submit a proposal outlining the Additional Services to be provided and the proposed price. If Additional Services are authorized, the Parties will execute an amendment to this Agreement which may require approval by the Santa Clara City Council.
Agreement with Claris Strategy Inc.
Rev. 07-01 -18
EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Consultant during the Term shall not exceed the amount in Section 6 of this Agreement.
SECTION 2. FIXED FEE FOR SCOPE OF SERVICES
Except for reimbursable expenses which are subject to the provisions of Section 3 of this Exhibit, compensation under this Agreement shall be a fixed fee in accordance with the fees outlined in Table 81 below. The fixed fees represent the total compensation for the scope of services outlined in Exhibit A Payments for this fixed fee will be made according to the Payment Provisions in Section 5 below.
TABLE B1
Services/Task Description
Task 0 Project Management
Task 1 Project Startup
Task 2 Data Collection
Task 3 Risk Analysis
Task4 Final Reports: Threat and
Vulnerability Assessment Report,
Substation Plans, Details and
Specifications, and Updated Utility
Security Plan
Optional Item Comprehensive Report to support
recommendation for new control
access software described in
Section 2.2.3
Reimbursable Expenses - Not to Exceed
Reimbursable Printing and travel related costs -
Expenses Pursuant to
Exhibit B
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Section 3 of this
Fixed Fee
$ 13,500
$ 8,100
$ 57,960
$ 84,970
$ 56,880
$ 12,600
$ 12,342
Services/Task Description fixed Fee
Total $ 246,352
SECTION 3. REIMBURSABLE EXPENSES
3.1 Reimbursable Expenses. Contractor may pass through costs such as, but not limited to printing, materials, equipment, and travel as listed in the Reimbursable Expenses Schedule In this Section. Any and all reimbursable expenses related the Services shall be reimbursable only to the extent that (1) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Consultant demonstrates that such expenses aren't included in the hourly rate where applicable, (3) such expenses were approved in advance, (4) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred, and (5) any Mark Up conforms with the Reimbursable Expense Schedule below.
Reimbursable Expense Schedule
1. The cost of mailing, shipping and/or delivery of any documents or materials.
2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.
3. Costs for outside services (including subcontractor
fees, equipment, materials, and facilities not
furnished directly by Consultant).
4. Consultant may charge allowable mileage at the
prevailing IRS rate per mile. Mileage is not
applicable to rental cars. Rental cars are
reimbursed at actual fuel cost only.
5. Unless approved in writing (e-mail acceptable) in
advance, reimbursement to Consultant (and any
subconsultants or subcontractors) for meals,
lodging, and related per diem will not exceed the
rates outlined by United States General Services
Administration (GSA). htt~s://www.gsa.gov/travelresources. Airfare or rental car, where applicable shall be at economy rates.
6. Other reimbursable expenses with prior written
approval from the City.
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Mark Up
No Markup
No Markup
Not to exceed 10%
No Markup
No Markup
No Markup
SECTION 4. RA TE ADJUSTMENTS
4.1 In the event that Services extend beyond two years from the Effective Date, Consultant may propose an adjustment to the fees in Table B1 .
4.2 Consultant shall notify the City ninety (90) days in advance of any proposed adjustment to fees. Consultant must be able to substantiate such adjustments to the satisfaction of the City.
4.3 If accepted, all adjustments to Table 81 must be approved by the City by executing an amendment to this Agreement.
SECTION 5. PAYMENT PROVISIONS
5.1 Payment Schedule for Scope of Services (Fixed Fee}:
5.1.1 Consultant shall provide a monthly invoice for the percentage of the services completed in the preceding month, provided that the total amount billed for each task does not exceed the amounts as outlined in Table B1 . Each invoice must include the following information:
5.1.1 .1 Invoice Number and Invoice Period.
5.1.1.2 Current amount due for each task.
5.1 .1.3 Sufficient detail for City to verify the fixed fees in Table 81 have not been exceeded.
5.2 Pre-Payment. City shaH not be required to pay a deposit or any other form of prepayment prior to Consultant beginning the Services.
5.3 Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
5.4Accurate Invoice. If the invoice submitted by Consultant is not accurate, the invoice will be returned to Consultant to correct and resubmit before payment can be processed.
5.5Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required documentation, City shall process the invoice for payment.
5.6 Confidential. Invoices are not confidential even if marked as confidential when submitted.
Agreement with Claris Strategy lhc.
Rev. 07-01-18
Agreement with Claris Strategy Inc.
Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twentyfour (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01 . Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1 ,000,000 Personal Injury
2 Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form_
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Claris Strategy Inc.
Rev. 07-01-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($ 1,000,000) each accident using, or providing coverage at least as broad as 1 Insurance Services Office form CA 00 01 . Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1 ,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1 ,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant 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 Consultant or any subconsultant under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1 ,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant's work for City, using Agreement with Claris Strategy Inc.
Rev. 07-01 -1 8
Page43 of 46
Insurance Services Office ( ISO} Endorsement CG 20 1 O 11 85, or the combination of CG 20 1 O 03 97 and CG 20 37 1 O 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Consultant 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 Consultant's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (1 O) days prior to the effective date of such modification or cancellation. In the event of nonrenewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.
In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F, ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1 . Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consultant agrees that upon Agreement with Claris Strategy Inc.
Rev. 07-01-18
Page44 of46
request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.
2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying, with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated .in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement Consultant shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to ctsantaclatar@eb1x com, or by mail to:
EBIX Inc.
City of Santa Clara - Silicon Valley Power
P.O. Box 100085-S2
Duluth, GA 30096
Telephone number: 951-766-2280
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Fax number. 770-325-0409
I. QUALIFYING INSURERS
ALL OF THE INSURANCE COMPANIES PROVIDING INSURANCE FOR
CONSULTANT SHALL HAVE, AND PROVIDE WRITTEN PROOF OF, AN A. M.
BEST RA TING OF AT LEAST A MINUS 6 (A- VI) OR SHALL BE AN INSURANCE
COMPANY OF EQUAL FINANCIAL STABILITY THAT IS APPROVED BY THE CITY OR ITS INSURANCE COMPLIANCE REPRESENTATIVES.
Agreement with Claris Strategy Inc.
Rev. 07-01-18
Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12 EBIX Insurance No. S200005646
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CL.ARA, CALIFORNIA,
AND
CLARIS STRATEGY INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Claris Strategy, a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Claris Strategy Inc, dated July 28, 2025 (Agreement); and
B. The City Council approved Resolution No. 25-9463 which authorized the use of an expedited procurement process for implementation of Projects to address security improvements to City facilities and critical City services in advance of certain high-profile international events in 2026;
C. The Parties wish to amend the Agreement to (1) amend the Scope of Services to include Additional Services, in accordance with Section 7 of Exhibit A, to develop an Event Specific Security Plan for the City's Electric Utility, Silicon Valley Power ("SVP"), and (2) increase maximum compensation by $128,887, for a revised not-to-exceed maximum compensation of $375,239, subject to the appropriation of funds; and
D. The proposed Additional Services fall with the Resolution No. 25-9463 in that the Event Specific Security Plan will assist with addressing certain potential risks identified by U.S. Department of Homeland Security, Cyber & Infrastructure Security Agency (CISA).
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1 . Section 6 of the Agreement is amended to read as follows:
"In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Servicers rendered by Contractor in Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 1 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12 accordance with First Revised Exhibit B, entitled "SCHEDULE OF FEES AND PAYMENT PROVISIONS." The Maximum Compensation of this Agreement during the Term is Three Hundred Seventy-Five Thousand Two Hundred ThirtyNine Dollars ($375,239.00) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Maximum Compensation shall be at the Contractor's expense. City does not guarantee any minimum compensation under this Agreement. Contractor shall not be entitled to any payment above the Maximum Compensation under any circumstance."
2. Section 3 of Exhibit A of the Agreement, entitled "Scope of Services", is hereby amended by adding Tasks 5 through 10, to provide an Event Specific Security Plan for SVP, attached hereto and incorporated into the Agreement as Amended by reference.
3. Exhibit B of the Agreement is hereby amended in its entirety with the First Revised Exhibit B , attached and incorporated into the Agreement as Amended by reference.
4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The effective date of this Amendment No. 1 is the date of the City's execution of this amendment.
SIGNATURES ON THE NEXT PAGE
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 2 of 11 Docusign Envelope ID: A2EC93CB-04B 1-4341-8359-8D50E7 45BF12 The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form: t
ev:J,e,,11.,,
.~BG72eA8FG81118 ...
GLEN R. GOGGINS
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: 10/28/2025 I 2:37 PM PDT
"CITY"
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
CLARIS STRATEGY,
a California corporation
Dated: GJ...~ - -----,,.C-...,=-1------.------------
By (Signature): - -~~t,.-==----==----------
N am e: --- -----------'---------- Ti tie: C - ----+-,r----------------- P r inc i pa I Place of
Business Address: 1111 Drake Road, Arcadia, CA 91007
Email Address: [email protected]
Telephone: (626) 437-4365
"CONTRACTOR"
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 3 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12
ADDENDUM TO EXHIBIT A
SCOPE OF SERVICES
ADDITION OF TASKS 5-10 TO SECTION 3 OF EXHIBIT A
EVENT SPECIFIC SECURITY PLAN (TASK 5-10)
Consultant shall provide additional comprehensive professional services to prepare an Event Specific Security Plan for the City's Electric Utility Department, Silicon Valley Power (SVP).
3.5 Task 5 - Development of Event Specific Security Plan The objective of this task is to provide City an Event Specific Security Plan ("ESSP") for seven (7) SVP sites that could be impacted by the 2026 Super Bowl event to be held at Levi Stadium.
3.5.1 ESSP Project Startup/Project Management
3.5.1.1 Contractor shall coordinate with SVP staff to confirm project goals and objectives, request background materials and establish project logistics.
3.5.1.2 Contractor shall request any pertinent background materials and data for review and use throughout the Services. These may include:
3.5.1.2.1 Safety and security plans relevant to the Event Specific Security Plan ("Plan")
3.5.1.2.2 Relevant security standard operating procedures
3.5.1.2.3 Previous hazards and risk assessment studies
3.5.1.2.4 Site maps and facility floor plans
3.5.1.2.5 Electronic security systems at these facilities
3.5.1.2.6 After-action reports
3.5.1.2.7 Previous related studies and reports
3.5.2 Project Kickoff Meeting. The Kickoff Meeting will be held virtually and begin coordination with SVP staff for the ESSP Project. The Meeting will include:
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 4 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12
3.5.2.1 Review of ESSP Project scope, schedule and work plan.
3.5.2.2 Confirmation of planning team, including City, SVP and Contractor team members' roles and responsibilities.
3.5.2.3 Discussion of data collection methods.
3.5.2.4 Establishment of communication channels.
3.5.2.5 Confirmation of key project dates.
3.5.2.6 Confirmation of planning team meeting dates.
3.5.2. 7 Confirmation of deliverables.
3.5.2.8 Initiate scheduling interviews and coordination meetings
3.6 Task 6 - Information Collection.
The objective of this task is for the Contractor to develop an understanding of current emergency and security operations at SVP.
3.6.1 Stakeholder Interviews
Contractor will conduct up to five (5) virtual stakeholder interviews with key staff identified by the SVP project team. Each interview will be approximately 1 to ½ hour in length. The initial set of stakeholders will consist of members from the following:
3.6.1.1 SVP staff and contractors responsible for security and emergency planning.
3.6.1.2 Santa Clara Police Department.
3.6.1.3 Santa Clara Fire Department
3.6.1.4 Santa Clara County Sheriff's Department
3.6.1.5 Other law enforcement, security agencies and emergency response personnel responsible for security for the special events.
3.6.2 Site Walks
During the development of the Plan Contractor shall conduct site walks of the seven (7) identified sites for the concurrent threat and vulnerability assessment (TV A) project. During the site walks, Contractor will review security measures in place relevant to planning for the special events. The review may include security staffing, security procedures and physical security currently in place. Information from the site walks is to be used for developing the ESSP.
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 5 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12
3.6.3 Document Review
Contractor will perform a detailed review of the material received and the information obtained and will develop a picture of the current state of security operations and security preparations for the special events and identify any gaps in security.
3.6.4 Informal Tabletop Exercise
Contractor will conduct an informal virtual tabletop exercise with stakeholders to walk through a scenario on how SVP would handle such as an attack on a substation providing power to Levi Stadium.
3. 7 Task 7 - Stakeholder Coordination Meetings
Contractor will conduct up to five (5) stakeholder coordination meetings throughout the duration of the Project. The meetings will be held virtually, and will include the City's Police and Fire Departments, other law enforcement agencies, SVP staff and security contractors responsible for planning for the events. During the meetings, Contractor will work with the stakeholders to define liaison roles and information-sharing protocols, and will establish joint command procedures.
3.8 Task 8 Plan Development
3.8.1 Draft Plan Development. Contractor will develop a draft of the Plan, that may include:
3.8.1.1 Executive Summary
3.8.1.2 Plan Timeline
3.8.1.3 Intelligence and threat monitoring
3.8.1.4 Critical stakeholders
3.8.1.5 Communication protocols
3.8.1.6 Critical facilities and infrastructure
3.8.1.7 Security staffing and deployment
3.8.1.8 Incident management team activation and roles
3.8.1.9 Collaboration with external stakeholders
3.8.1.10 Compliance and regulatory oversight
3.8.1.11 Training and awareness
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 6 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12
3.8.1.12 Post-event review
3.8.2 Draft Plan Review Meeting
Contractor will conduct a virtual meeting with City to review and discuss the draft Plan. Contractor will provide guidance on specific areas to review and indicate areas of the Plan which requires additional information.
3.8.3 Final Event Plan
Contractor will incorporate any changes into the final Plan and submit the final Plan to City for approval. Contractor shall provide digital copies of the Plan in Microsoft Word and PDF formats.
3.9 Task 9 - Event Training and Post-Event Review
3.9.1 Event Plan Training
Contractor shall conduct a virtual event training session for SVP staff, first responders and contractors on the Plan. The training will review plan objectives, response procedures, coordination protocols, and communication methods.
3.9.2 Post-Event Review
Following the event, Contractor shall conduct a post-event debrief with all stakeholders to evaluate the effectiveness of the Plan, identify lessons learned, and recommend improvements for future events.
3.10 Task 10 - Optional Task - Implementation and Event Operations At the City's direction, two members from the Contractor's team, will support City staff in implementing the Plan and providing guidance throughout its execution throughout the Super Bowl event. Optional support tasks may include finalizing staffing and deployment schedules, testing communication and monitoring systems, coordinating security efforts, and maintaining real-time coordination with law enforcement.
The Services described in Tasks 5 -10 shall be completed within five (5) months from the time the City issues the notice to proceed.
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 7 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12
FIRST REVISED EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Consultant during the Term shall not exceed the amount in Section 6 of this Agreement.
SECTION 2. FIXED FEE FOR SCOPE OF SERVICES
Except for reimbursable expenses which are subject to the provisions of Section 3 of this Exhibit, compensation under this Agreement shall be a fixed fee in accordance with the fees outlined in Table 81 below. The fixed fees represent the total compensation for the Services. Payments for this fixed fee will be made according to the Payment Provisions in Section 5 below.
TABLE B1
Services/Task Description Fixed Fee
Task0 Project Management $13,500
Task 1 Project Startup $8,100
Task2 Data Collection $57,960
Task3 Risk Analysis $84,970
Task4 Final Reports: Threat and $56,880
Vulnerability Assessment Report,
Substation Plans, Details and
Specifications, and Updated Utility
Security Plan
Optional Item 1 Comprehensive Report to support $12,600 recommendation for new control
access software described in
Section 2.2.3
Reimbursable Travel related costs for Tasks 0-4, $12,342 Expenses Pursuant to Section 3 of this
Exhibit B
Amendment No. 1 to AgreemenUClaris Strategy, Inc. Page 8 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12 Services/Task Description Fixed Fee
Subtotal Tasks 0-4 and Optional Item 1 $246,352
Event Specific Security Plan
(ESPP)
Task 5 ESSP Project Request for Background Materials $14,000 Start-LI pf Project Virtual Project Kick-Off Meeting Management Task 6 ESSP Conduct stakeholder interviews, $12,250
Information site walks, document review and
Collection informal tabletop exercise
Task 7 ESSP Conduct up to five (5) virtual $20,000
Stakeholder stakeholder coordination
Coordination meetings
Meetings
Task 8 ESSP Plan Develop draft Plan, virtual draft $42,350 Development plan meeting with City, submittal
of final Plan for approval
Task 9 ESSP Event Provide virtual event Plan training $10,000 Training and Post- session for SVP staff, first
Even Review responders and contractors, and
conduct post-event debrief with all
stakeholders
Task 10- Optional - Contractor to provide $14,000
Implementation and implementation support and
Event Operations guidance with executing the Plan
during 2026 Super during 2026 Super Bowl
Bowl event
Reimbursable Travel related costs for Optional $ 4,170
Expenses Task 10- Pursuant to Section 3 of
this Exhibit B
Contingency $12,117
Subtotal Tasks 5-10 $128,887
plus contingency
for ESSP
TOTAL 13751239
Amendment No. 1 to AgreemenUClaris Strategy, Inc. Page 9 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12 SECTION 3. REIMBURSABLE EXPENSES
3.1 Reimbursable Expenses. Contractor may pass through costs such as, but not limited to printing, materials, equipment, and travel as listed in the Reimbursable Expenses Schedule in this Section. Any and all reimbursable expenses related the Services shall be reimbursable only to the extent that (1) Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Consultant demonstrates that such expenses aren't included in the hourly rate where applicable, (3) such expenses were approved in advance by the City in writing, (4) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred, and (5) any Mark Up conforms with the Reimbursable Expense Schedule below.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of any No Markup documents or materials.
2. The cost of photographing, printing, reproducing No Markup and/or copying any documents or materials.
3. Costs for outside services (including subcontractor Not to exceed 10% fees, equipment, materials, and facilities not
furnished directly by Consultant).
4. Consultant may charge allowable mileage at the No Markup prevailing IRS rate per mile. Mileage is not
applicable to rental cars. Rental cars are
reimbursed at actual fuel cost only.
5. Unless approved in writing (e-mail acceptable) in No Markup advance, reimbursement to Consultant (and any
subconsultants or subcontractors) for meals,
lodging, and related per diem will not exceed the
rates outlined by United States General Services
Administration (GSA). https://www.gsa.gov/travelresources. Airfare or rental car, where applicable shall be at economy rates.
6. Other reimbursable expenses with prior written No Markup approval from the City.
SECTION 4. RATE ADJUSTMENTS
a. In the event that Services extend beyond two years from the Effective Date, Consultant may propose an adjustment to the fees in Table Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 10 of 11 Docusign Envelope ID: A2EC93CB-04B1-4341-8359-8D50E745BF12 b. Consultant shall notify the City ninety (90) days in advance of any proposed adjustment to fees. Consultant must be able to substantiate such adjustments to the satisfaction of the City.
c. If accepted, all adjustments to Table B1 must be approved by the City by executing an amendment to this Agreement.
SECTION 5 PAYMENT PROVISIONS
5.1 Payment Schedule for Scope of Services (Fixed Fee):
5.1.1 Consultant shall provide a monthly invoice for the percentage of the services completed in the preceding month, provided that the total amount billed for each task does not exceed the amounts as outlined in Table B1.
Each invoice must include the following information:
5.1.1.1 Invoice Number and Invoice Period.
5.1.1.2 Current amount due for each task.
5.1.1.3 Sufficient detail for City to verify the fixed fees in Table B 1 have not been exceeded.
5.2. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
5.3. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
5.4. Accurate Invoice. If the invoice submitted by Consultant is not accurate, the invoice will be returned to Consultant to correct and resubmit before payment can be processed.
5.5. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required documentation, City shall process the invoice for payment.
5.6. Confidential. Invoices are not confidential even if marked as confidential when submitted.
Amendment No. 1 to Agreement/Claris Strategy, Inc. Page 11 of 11 0 docusign.
Certificate Of Completion
Envelope Id: A2EC93CB-04B1-4341-8359-8D50E745BF12 Status: Completed Subject: [**RUSH**] with Docusign: 2. Claris Strategy Inc. - Electric Utility Security Services Agmt Amend ...
Source Envelope:
Document Pages: 11
Certificate Pages: 2
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 2
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
10/24/2025 2:33:25 PM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Daniel Ballin
[email protected]
Senior Counsel for Silicon Valley Power
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jovan D. Grogan
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Jovan Grogan
[email protected]
City Manager
City of Santa Clara
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Holder: Ahcomb Hardwick
[email protected]
Pool: StateLocal
Pool: City of Santa Clara
Signature
lnSignedby:
L£::~8F~~~
Signature Adoption: Pre-selected Style
Using IP Address: 104.129.198.85
Signature Adoption: Pre-selected Style
Using IP Address: 136.226.78.120
Signature
Status
Status
Status
Status
Status
COPIED
Envelope Originator:
Ahcomb Hardwick
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected]
IP Address: 66.54.249.132
Location: DocuSign
Location: Docusign
Timestamp
Sent: 10/24/2025 2:36:20 PM
Viewed: 10/24/2025 3:20:52 PM
Signed: 10/24/2025 3:22:24 PM
Sent: 10/28/2025 2:16:57 PM
Viewed: 10/28/2025 2:37:26 PM
Signed: 10/28/2025 2:37:42 PM
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 10/28/2025 2:17:00 PM
Viewed: 10/28/2025 2:27:43 PM
Carbon Copy Events Status Timestamp
SVP Contracts COPIED Sent: 10/28/2025 2:37:43 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Attorney COPIED Sent: 10/28/2025 2:37:44 PM
[email protected]
City of Santa Clara
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/24/2025 2:36:20 PM
Certified Delivered Security Checked 10/28/2025 2:37:26 PM Signing Complete Security Checked 10/28/2025 2:37:42 PM Completed Security Checked 10/28/2025 2:37:44 PM
Payment Events Status Timestamps
Resolution/Declaration of Urgency Page 1 of 3
Rev: 7/27/2023
RESOLUTION NO. 25-9463
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, DECLARING AN URGENCY IN ACCORDANCE
WITH SANTA CLARA CITY CHARTER SECTION 1310 TO
ALLOW FOR AWARD OF PUBLIC WORKS CONTRACTS FOR
PROJECTS IMPLEMENTING SECURITY MEASURES TO
MITIGATE RISKS TO PUBLIC SERVICES AND FACILITIES
WITHOUT ADVERTISING FOR BIDS
WHEREAS, on June 17, 2025, the City Council received a presentation from a representative of the U.S. Department of Homeland Security, Cyber & Infrastructure Security Agency (CISA) regarding security risks and vulnerabilities affecting public services and City facilities; WHEREAS, the conditions described in the presentation create significant risks that if not properly addressed could leave City facilities and critical City services vulnerable to damage or destruction by bad actors;
WHEREAS, risk and threat levels are on the rise in the United States and internationally, and the City is scheduled to host high-profile international events in 2026; WHEREAS, in light of these significant risks, there is an urgent need to implement projects that address such vulnerabilities on an expedited timeline;
WHEREAS, the categories of projects that are needed to address the vulnerabilities generally include installing fencing and perimeter security improvements, barrier/K-Rails, and security camera systems (the “Projects”);
WHEREAS, Santa Clara City Charter 1310 authorizes the City Council to award public works contracts without advertising for bids if the City Council deems the work to be of urgency necessity for the preservation of life, health or property; and WHEREAS, based on these recitals and declaration of facts contained in this Resolution, the staff report, and public testimony presented during the City Council meeting, Council believes the work implementing the Projects constitutes an urgency necessity justifying the use of expedited procurement processes for the preservation of life, health, and property; //
Resolution/Declaration of Urgency Page 2 of 3
Rev: 7/27/2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council hereby deems the work implementing the Projects to be of urgent necessity for the preservation of life, health, and property based on the following declaration of facts:
A. During a presentation to the City Council, CISA provided a risk assessment of certain City facilities which revealed security risks and vulnerabilities at certain City facilities.
B. With risk and threat levels on the rise, both in the United States and internationally, and with the City scheduled to host high-profile international events in 2026, there is an urgent need to address these vulnerabilities on an expedited timeline.
C. If the Projects intended to address such vulnerabilities are not completed on an expedited basis, and with sufficient time for testing in preparation for the upcoming events, critical City services could be vulnerable to damage or destruction by bad actors; D. An expedited procurement process will reduce the time required to implement necessary security improvements by several months and help ensure that City facilities are secure during the City’s upcoming events.
//
//
//
//
//
//
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2. In light of the foregoing declaration and determination, the City Council hereby waives the standard requirements under Charter Section 1310 that would otherwise require advertising for bids for the award of the Projects, thereby allowing for awards of public works contracts to contractors without advertising for bids. Whenever practical, City staff shall implement other practices to assure the award of contracts to qualified contractors at reasonable rates, consistent with the practices described in the staff report.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 8TH DAY OF JULY, 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference: None
Resolution/Declaration of Urgency
Rev: 7/27/2023
Chahal, Cox, Gonzalez, Hardy, Jain, and Park, and
Mayor Gillmor
None
None
None
ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Amendment No. 2 to Agreement/Claris Strategy Inc. Page 1 of 9 Rev. 10/25/25
Ebix Insurance No.S200005646
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
CLARIS STRATEGY INC
PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Claris Strategy, a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services between the City of Santa Clara, California, and Claris Strategy Inc”, dated July 28, 2025 (Agreement) for the purpose of having Contractor provide comprehensive professional electric utility consulting services for the City’s Electric Utility Department, Silicon Valley Power (SVP); B. The Agreement was previously amended by Amendment No. 1, dated October 28, 2025, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the “Agreement as Amended”; and
C. The Parties now wish to amend the Agreement as Amended to expand the Scope of Services to include five (5) additional sites to the threat and vulnerability assessment (TVA) and update to the 2021 Utility Security Plan, and to increase the maximum compensation for the additional services.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement as Amended is amended in its entirety to read as follows:
“In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Servicers rendered by Contractor in accordance with Exhibit B (Second Revised) , entitled “SCHEDULE OF FEES AND PAYMENT PROVISIONS.” The Maximum
Compensation of this Agreement during the Term is Four Hundred Nine Thousand Eighty-Eight Dollars ($409,088.00) subject to budget Amendment No. 2 to Agreement/Claris Strategy Inc. Page 2 of 9 Rev. 10/25/25
appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Maximum Compensation shall be at the Contractor’s expense. City does not guarantee any minimum compensation under this Agreement.
Contractor shall not be entitled to any payment above the Maximum Compensation under any circumstance.:
2. Section 1.1.1 of Exhibit A of the Agreement as Amended is hereby amended in its entirety to read as follows:
1.1.1 A threat and vulnerability assessment (TVA) report for a total of forty-four (44) unique sites, including:
1.1.1.1 Thirty-five (35) City substations
1.1.1.2 One (1) switching station
1.1.1.3 Donald Von Raesfeld Power Plant (DVR)
1.1.1.4 Gianera Generating Station (Gianera)
1.1.1.5 Natural Gas Pipeline & Natural Gas Compressor Station
1.1.1.6 Cogen Power Plant #1
1.1.1.7 Space Park Interconnection Station
1.1.1.8 Office and storage facilities at 881 Martin Avenue
1.1.1.9 Municipal Services Yard at 1705 Martin Avenue
1.1.1.10 60 kV Storage Yard
3. Section 2.3.4 of Exhibit A of the Agreement as Amended is hereby amended in its entirety to read as follows:
2.3.4 Consultant shall review and update the 2021 Utility Security Plan to include up to six (6) of the forty-four (44) sites identified in Section 1.1.1.
Consultant shall submit an updated plan that complies with the requirements of the California Public Utilities Commission (CPUC) Decision 19-01-018. The report shall include, but not be limited to, the following
2.3.4.1 Overview
2.3.4.2 Background
2.3.4.3 Plan Development Process
Amendment No. 2 to Agreement/Claris Strategy Inc. Page 3 of 9 Rev. 10/25/25
2.3.4.4 Identification of Covered Distribution Facilities
2.3.4.5 Risk Assessment per Site
2.3.4.6 Covered Distribution Facility Mitigation Plans per Site
2.3.4. 7 Independent Evaluation and Response
2.3.4.8 Validation
2.3.4.9 Narrative Descriptions for Utility Security Plan
4. Section 3.2.1 of Exhibit A of the Agreement as Amended is hereby amended in its entirety to read as follows:
3.2.1 Site and Facilities to Assess
3.2.1.1 Consultant to conduct site visits to assess forty-four (44) SVP sites including:
3.2.1.1.1 Thirty-five (35) City substations.
3.2.1.1.2 Switching Station
3.2.1.1.3 Donald Von Raesfeld Power Plant (DVR)
3.2.1.1.4 Gianera Generating Station (Gianera)
3.2.1.1.5 Natural Gas Pipeline & Natural Gas Compressor Station
3.2.1.1.6 Cogen Power Plant #1
3.2.1.1.7 Space Park Interconnection Station
3.2.1.1.8 Office and storage facilities at 881 Martin Avenue
3.2.1.1.9 Municipal Services Yard at 1705 Martin Avenue
3.2.1.1.10 60 kV Storage Yard
4 Section 3.4.5.4 of Exhibit A of the Agreement as Amended is hereby amended in its entirety to read as follows
3.4.5.4 Analysis of up to six (6) sites of the forty-four (44) sites identified in Section 1.1.1.
5 Exhibit B of the Agreement as Amended is hereby amended in its entirety and replaced with Exhibit B (Second Revised), attached and incorporated into the Agreement as Amended by reference
6 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. 2, the provisions· of this Amendment No.2 shall control.
The effective date of this Amendment No. 2 is the date of City's execution of this amendment.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
GLEN R. GOGGINS
City Attorney
SIGNATURES ON THE NEXT PAGE
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
"CITY"
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615~2210
Fax: (408) 241-6771
CLARIS STRATEGY,
a California corporation
Dated: __ \ O - _...,,,___.,.._,_~_____;:.......=..._ """"""--''--'-~~...:....=:.....---- By (Signature): --~"'7'--------t----------
N am e: - ------"+----------------
Ti tie: ------------------ Pr in ci pa I Place of
Business Address: 1111 Drake Road, Arcadia, CA 91007
Email Address: [email protected]
Telephone: (626) 437-4365
"CONTRACTOR"
Amendment No. 2 to AgreemenUClaris Strategy Inc.
Rev. 10/25/25
Amendment No.
2 to Agreement/Claris Strategy Inc. Page 5 of 9
Rev. 10/25/25
Amendment No. 2 to Agreement/Claris Strategy Inc. Page 1 of 9 Rev. 10/25/25
EXHIBIT B (SECOND REVISED)
SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Consultant during the Term shall not exceed the amount in Section 6 of this Agreement.
SECTION 2. FIXED FEE FOR SCOPE OF SERVICES
Except for reimbursable expenses which are subject to the provisions of Section 3 of this Exhibit, compensation under this Agreement shall be a fixed fee in accordance with the fees outlined in Table B1 below. The fixed fees represent the total compensation for the Services. Payments for this fixed fee will be made according to the Payment Provisions in Section 5 below.
TABLE B1
Services/Task Description Fixed Fee
Task 0 Project Management $13,500
Task 1 Project Startup $8,100
Task 2 Data Collection $65,105
Task 3 Risk Analysis $100,657
Task 4 Final Reports: Threat and Vulnerability
Assessment Report, Substation Plans, Details
and Specifications, and Updated Utility
Security Plan
$64,689
Optional Item 1 Comprehensive Report to support
recommendation for new control access
software described in Section 2.2.3
$12,600
Reimbursable
Expenses
Travel related costs for Tasks 0-4, Pursuant to
Section 3 of this Exhibit B
$15,550
Subtotal Tasks 0-4 and Optional Item 1 $280,201
Event Specific Security Plan (ESPP)
Task 5 ESSP
Project StartRequest for Background Materials
Virtual Project Kick-Off Meeting
$14,000
Amendment No. 2 to Agreement/Claris Strategy Inc. Page 2 of 9 Rev. 10/25/25
Services/Task Description Fixed Fee
Up/Project
Management
Task 6 ESSP
Information
Collection
Conduct stakeholder interviews, site walks,
document review and informal tabletop
exercise
$12,250
Task 7 ESSP
Stakeholder
Coordination
Meetings
Conduct up to five (5) virtual stakeholder
coordination meetings
$20,000
Task 8 ESSP Plan
Development
Develop draft Plan, virtual draft plan meeting
with City, submittal of final Plan for approval
$42,350
Task 9 ESSP Event
Training and PostEven Review
Provide virtual event Plan training session for
SVP staff, first responders and contractors,
and conduct post-event debrief with all
stakeholders
$10,000
Task 10 – Optional
– Implementation
and Event
Operations during
2026 Super Bowl
event
Contractor to provide implementation support
and guidance with executing the Plan during
2026 Super Bowl
$14,000
Reimbursable
Expenses
Travel related costs for Optional Task 10–
Pursuant to Section 3 of this Exhibit B
$ 4,170
Contingency $12,117
Subtotal Tasks 5-
10 plus
contingency for
ESSP
$128,887
TOTAL $409,088
SECTION 3. REIMBURSABLE EXPENSES
3.1 Reimbursable Expenses. Contractor may pass through costs such as, but not limited to printing, materials, equipment, and travel as listed in the Reimbursable Expenses Schedule in this Section. Any and all reimbursable expenses related the Services shall be reimbursable only to the extent that (1) Amendment No. 2 to Agreement/Claris Strategy Inc. Page 3 of 9 Rev. 10/25/25
Consultant submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Consultant demonstrates that such expenses aren’t included in the hourly rate where applicable, (3) such expenses were approved in advance by the City in writing, (4) Consultant submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred, and (5) any Mark Up conforms with the Reimbursable Expense Schedule below.
Reimbursable Expense Schedule Mark Up
1. The cost of mailing, shipping and/or delivery of any documents or materials.
No Markup
2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.
No Markup
3. Costs for outside services (including subcontractor
fees, equipment, materials, and facilities not
furnished directly by Consultant).
Not to exceed 10%
4. Consultant may charge allowable mileage at the
prevailing IRS rate per mile. Mileage is not
applicable to rental cars. Rental cars are
reimbursed at actual fuel cost only.
No Markup
5. Unless approved in writing (e-mail acceptable) in
advance, reimbursement to Consultant (and any
subconsultants or subcontractors) for meals,
lodging, and related per diem will not exceed the
rates outlined by United States General Services
Administration (GSA). https://www.gsa.gov/travelresources. Airfare or rental car, where applicable shall be at economy rates.
No Markup
6. Other reimbursable expenses with prior written
approval from the City.
No Markup
SECTION 4. RATE ADJUSTMENTS
6.2 In the event that Services extend beyond two years from the Effective Date, Consultant may propose an adjustment to the fees in Table
6.3 Consultant shall notify the City ninety (90) days in advance of any proposed adjustment to fees. Consultant must be able to substantiate such adjustments to the satisfaction of the City.
6.4 If accepted, all adjustments to Table B1 must be approved by the City by executing an amendment to this Agreement.
Amendment No. 2 to Agreement/Claris Strategy Inc. Page 4 of 9 Rev. 10/25/25
SECTION 5 PAYMENT PROVISIONS
5.1 Payment Schedule for Scope of Services (Fixed Fee):
5.1.1 Consultant shall provide a monthly invoice for the percentage of the services completed in the preceding month, provided that the total amount billed for each task does not exceed the amounts as outlined in Table B1. Each invoice must include the following information:
5.1.1.1 Invoice Number and Invoice Period.
5.1.1.2 Current amount due for each task.
5.1.1.3 Sufficient detail for City to verify the fixed fees in Table B1 have not been exceeded.
5.2. Pre-Payment. City shall not be required to pay a deposit or any other form of pre-payment prior to Consultant beginning the Services.
5.3. Payment Limited to Satisfactory Work. Consultant is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
5.4. Accurate Invoice. If the invoice submitted by Consultant is not accurate, the invoice will be returned to Consultant to correct and resubmit before payment can be processed.
5.5. Payment. If there are no discrepancies or deficiencies in the submitted invoice and Consultant has submitted all required documentation, City shall process the invoice for payment.
5.6. Confidential. Invoices are not confidential even if marked as confidential when submitted.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-91 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Authorize the Use of City Electric Forces for Public Works to Decommission an Existing Dark Fiber Route from 3075 Raymond Street, 3030 Corvin Drive, 1380 Kifer Road, to 2050 Martin Avenue, with an Estimated Cost of $1,558
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.” Since 2014, Silicon Valley Power (SVP) developed a Fiber Splicing Technician position as an inhouse position to primarily perform maintenance and repairs to meet the performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning, and positioning fiber optic equipment for new connections to SVP’s fiber network. Fiber Splicing Technicians also perform fusion splicing at building entrances and in maintenance spaces. Currently, SVP employs two Fiber Splicing Technicians.
DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. The Fiber Splicer Technician performs a variety of specialized activities from maintenance and repair to new or re-spliced interconnections to SVP’s network. Each interconnection can be unique, involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network.
Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.
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, maintaining and repairing the fiber optic system that can be leveraged to more City of Santa Clara Page 1 of 3 Printed on 12/12/2025
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25-91 Agenda Date: 12/16/2025
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 following fiber optic projects and approve the use of City forces for such projects:
Estimate Number: FWM#01782
Location: Route from 3075 Raymond Street, 3030 Corvin Drive, 1380 Kifer Road, to 2050 Martin Avenue
Type of Service: Fiber
Description of Work: Decommission an existing dark fiber route from 3075 Raymond Street, 3030 Corvin Drive, 1380 Kifer Road, to 2050 Martin Avenue for a fiber lease customer.
Estimated Cost: $1,558
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
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 15301 (Class 1 - Existing Facilities) of Title 14 of the California Code of Regulations, as the proposed work consists of the decommissioning of existing fiber optic facilities.
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 $1,558, are included in the Fiscal Year 2025/26 Budget, Fiber Development, Design, and Expansion project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (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 [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine the proposed action is exempt from CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) 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 with an estimated cost of $1,558, located along the route from 3075 Raymond Street, 3030 Corvin City of Santa Clara Page 2 of 3 Printed on 12/12/2025 powered by Legistar™
25-91 Agenda Date: 12/16/2025
with an estimated cost of $1,558, located along the route from 3075 Raymond Street, 3030 Corvin Drive, 1380 Kifer Road, to 2050 Martin 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 these public works consistent with this authorization.
Reviewed by: Nico Procos, Director of Silicon Valley Power 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
25-1604 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Authorize the Use of City Electric Forces for Public Works at 4600 Patrick Henry Drive, 2700 Tasman Drive, 5129 Old Ironsides Drive, 4808 Great America Parkway, 5100 Patrick Henry Drive, 4855 Patrick Henry Drive, 2256 Avenida de Los Alumnos, 2451 Tasman Drive, 2685 The Alameda, 2885 Lakeside Drive, With an Estimated Cost of $212,189
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, the staff recommends that the City Council declares and determines that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 40377
Location: 4600 Patrick Henry Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $8,300
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
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25-1604 Agenda Date: 12/16/2025
Estimate Number: 40421
Location: 2700 Tasman Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $5,454
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 40513
Location: 5129 Old Ironsides Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $5,454
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 40604
Location: 4808 Great America Parkway
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $7,780
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 40605
Location: 5100 Patrick Henry Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $5,250
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 40606
Location: 4855 Patrick Henry Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $13,153
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
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Estimate Number: 40663
Location: 2256 Avenida de Los Alumnos
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $6,572
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 40665
Location: 2451 Tasman Drive
Type of Service: New Business (2005)
Description of Work: Installation of underground cable and underground connectors to point of connection for small cell streetlight.
Estimated Cost: $9,915
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 39187
Location: 2685 The Alameda
Type of Service: New Business (2005)
Description of Work: Remove 2-wood poles and light arms, ± 100' low voltage conductor, and install ± 700' high voltage conductor, ± 125' low voltage conductor, 1-300kVA transformer and equipment, 2-streetlights, 1-1200A meter, 1-400A meter, and 35-200A meters.
Estimated Cost: $105,634
Appropriation: Electric Utility Capital Fund (91) Project 2005 - New Business Estimate Work Source of Revenue: Customer/Developer Contribution
Estimate Number: 37957
Location: 2885 Lakeside Drive
Type of Service: New Business (2005)
Description of Work: Install approximately 300' of 1/0 aluminum underground cable, (6) splices, (6) 200 Amp terminations, secondary connections, 1000 kVA padmount transformer and 1200 Amp meter & devices.
Estimated Cost: $44,677
Appropriation: Electric Utility Capital Fund (91) 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 crew management system scheduled to go live in Fall 2025, SVP staff will be developing a process to review this practice on a routine basis to provide further support for this approach.
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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) Section 15303 (New Construction) of Title 14 of the California Code of Regulations as the proposed work involves the replacement of electric facilities and the installation of small electric 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 $212,189 are included in the FY 2025/26 Adopted CIP Budget, in Project 2005 - New Business Estimate Work in the Electric Utility Capital Fund. All of the 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 [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) and Section 15303 (New Construction) 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 4600 Patrick Henry Drive, 2700 Tasman Drive, 5129 Old Ironsides Drive, 4808 Great America Parkway, 5100 Patrick Henry Drive, 4855 Patrick Henry Drive, 2256 Avenida de Los Alumnos, 2451 Tasman Drive, 2685 The Alameda, and 2885 Lakeside Drive, with an estimated cost of $212,189, 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 these public works consistent with this authorization.
Reviewed by: Nico Procos, Director of Silicon Valley Power 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
25-1022 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action on Recommendations from Governance and Ethics Committee for Updates to Council Policy 043 ("Official Travel by City Councilmembers")
BACKGROUND
As background, Council Policy 043 ("Official Travel by Elected Officials") (Attachment 1) was identified for review and revision as part of the Governance and Ethics Committee (Committee) workplan. The policy establishes guidelines for official travel by City Councilmembers, defines reimbursable expenses for official travel, and ensures compliance with fiscal responsibility standards.
At the September 8, 2025 Committee meeting, staff presented proposed amendments to Council Policy 043 which included general cleanup language, clarifications, and additional procedures.
During its discussion ,the Committee provided further direction regarding reimbursable meal rates.
The existing policy limited reimbursement for meals on the first and last day to 75% of the applicable U.S. General Services Administration (GSA) per diem rate. Committee members noted that actual travel schedules may necessitate full meals regardless of departure or return timing and recommended updating the policy to allow reimbursement at 100% of the GSA per diem rate for all days of authorized travel.
The Committee approved the staff recommendations to amend Council Policy 043 with the following changes:
1) Remove the 75% GSA limitation for the first and last days of travel and allow for reimbursement at 100% of the GSA rate for all travel days; 2) Require an itemized receipt for meal reimbursement; if an itemized receipt is unavailable, reimbursement may be made up to the maximum GSA per diem; and 3) Clarify that overnight lodging maybe approved when justified by commute time or similar circumstances.
In addition to these revisions, staff is updating City Manager Directive 028 (CMD) Purchase Card (PCard) policy to incorporate audit procedures and authorize procedures and authorize issuance of City purchase cards to Councilmembers for official travel expenses. Once updated, staff will provide training to the City Council on proper use and compliant use of the City purchase cards.
DISCUSSION
The proposed revisions to Council Policy 043 (retitled “Official Travel by City Councilmembers”) (Attachment 2) are presented for City Council review and consideration. Key proposed changes City of Santa Clara Page 1 of 4 Printed on 12/12/2025
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include the following:
1. Title: The title is updated from “Official Travel by Elected Officials” to "Official Travel by the City Councilmembers" to clarify that the policy applies to the Mayor and City Councilmembers only. Travel requirements for the elected Police Chief an elected City Clerk are outlined under City Manager Directo 028, Travel Policy (Attachment 3).
2. Criteria for Official Travel: In this section, proposed revisions were made as follows:
a. Travel eligible for reimbursement must relate to a Councilmember’s official duties, professional development, or representation of the City at regional, state or national organizations that promote or advance City interests.
b. Where there is the potential for “multiple attendees,” the current policy states: “If multiple members meet the criteria to attend, the representative may attend based on seniority.” Under the proposed policy, when several Councilmembers request to attend the same event, priority will be based on:
· Committee or legislative assignment
· Submission date of the request
· Budget availability
· Brown Act considerations, as applicable
The proposed policy also a process for staff to confirm quorum availability for City Council meeting scheduled during travel periods.
3. Types of Travel: This section clarifies criteria for local, in-state, out-of-state, and international travel.
a. Local travel: Defined as less than 50 miles for single-day events. Overnight lodging may be approved by the City Manager when justified by commute time. b. In-State Travel: Travel exceeding 50 miles and aligned with official travel criterial (e.g.
League of California Cities Annual Conference, League of California Cities New Members Academy)
c. Out-of-state travel: Includes events such as the United States Conference of Mayors and National League of Cities conferences and meetings. d. International Trave: Permitted for all City Councilmembers, including travel associated with City of Santa Clara's Sister Cities or Friendship Cities.
4. Procedures for Travel: The revised policy outlies a pre-authorization process:
a. Councilmembers submit a written request Describing the purpose of travel and benefit to the City.
b. Staff verifies funding availability and prepares the pre-authorization form. c. The City Manager or designee reviews and approves the pre-authorization form.
5. Reimbursable Expenses: A new section provides detail on allowable reimbursement expenses.
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a. Lodging: Lodging is reimbursable for approved travel, including the night before and the after the event. Receipts are required, and reimbursement is limited to actual costs. If not available, designated lodging is provided, reimbursement is based on actual cost. b. Meals: Meals, including tax and tips and incidentals, are reimbursable up to the per diem GSA rate (available at
<http://www.gsa.gov/perdiem>) for a full day of travel. Itemized receipts are required; if unavailable, reimbursement may be made up to the GSA maximum.
Meals provided by the conference, event, or hotel, must be deducted from the reimbursement as listed on <http://www.gsa.gov/mie>
Alcohol, guest meals, and hotel incidentals (e.g. in-room services) are not eligible for reimbursement.
c. Transportation
· City /Private Vehicles: City vehicles are available for in-state or local travel.
Councilmembers shall be compensated for the use of their private vehicles for approved business travel at the current GSA standard mileage rate, provided that it is the most logical and least expensive method of transportation. To drive a vehicle on City business, Councilmembers must possess a valid California driver’s license. A driver of a privately owned vehicle must carry liability insurance coverage, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
· Bridge Tolls/Parking: Reimbursable with itemized receipts. · Train /Other Mass Transit: Train or other transit fares are reimbursable when logical and cost effective.
· Ground Transportation: Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or rideshare may also be used. · Rental Vehicles: Allowed only when no reasonable alternative exists; economyclass vehicles required; option insurance is not reimbursable. d. Airfare: Airfare must be booked at the lowest reasonable fare that provides the most direct route. Air travel options shall not be limited to a specific airline. Refundable tickets are permitted if there is a risk of cancellation. One checked bag is reimbursable.
Any unused credits from official travel must either be applied to future City travel or reimbursed to the City.
6. Expense Report: The filing deadline is extended from 15 calendar days to 30 business days to allow Councilmembers additional time to compile and submit itemized receipts City of Santa Clara Page 3 of 4 Printed on 12/12/2025
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7. Rewards and Promotional Benefits: Councilmembers may retain frequent flyer miles or similar rewards accrued during City travel, however, if personal frequent flyer miles or other reward points are used to purchase travel for City business, the value is not reimbursable.
8. Reports by City Councilmembers: Councilmembers must provide a written or oral report to the City Council within fifteen (15) business days of returning from travel or at the next Council meeting. Prior required reporting items are removed and replaced with an option to share course materials digitally.
The Goverrnance and Ethics Committee recommends the City Council approve the proposed amendments to Council Policy 043 ("Official Travel by the City Council") and approval by Resolution (Attachment 4).
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommendation.
COORDINATION
This report was coordinated by the City Manager’s Office, City Auditor’s Office and 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
Approve the Recommendation from the Governance and Ethics Committee to Amend Council Policy 043 ("Official Travel by Elected Officials") to be retitled Council Policy 043 ("Official Travel by the City Council") in substantially the form presented.
Reviewed by: Maria Le, Assistant to the City Manager, City Manager Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Current Council Policy 043 ("Official Travel by Elected Officials")
2. Proposed Council Policy 043 (“Official Travel by City Councilmembers”)
3. City Manager Directive (CMD) 28 Travel Policy
4. Resolution
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OFFICIAL TRAVEL BY ELECTED OFFICIALS
Revised 9/4/2019 Council Policy 043 Page 1 of 6
Resolution No. 19-8751
PURPOSE Consistent with the City of Santa Clara (City)'s Code of Ethics and Values, the City is fiscally responsible and endorses the proper use of City assets to help ensure the City's fiscal stability.
In order to ensure an open and transparent government, the City Council will regulate and prescribe guidelines for official travel by all elected officials. Reimbursement for official travel funded by non-City entities shall be in accordance with the guidelines issued by such other non-City entity.
To the extent the official’s expenses are not reimbursed by the non-City entity, the official may request reimbursement in accordance with the requirements of this policy (e.g., the official is chosen to serve as the City representative on a County-wide committee and the County agency sends the official to a conference, and reimburses the official for conference attendance and hotel, but not for meals and mileage; the Official may seek reimbursement for meals and mileage in accordance with the terms of this policy.)
This policy does not address an official’s reporting requirements relative to payments by a non-City entity for official travel; elected officials must comply with FPPC reporting requirements relating to payments for travel.
POLICY In order to control and properly account for expenditures made by elected officials in the course of their official duties, only authorized expenses may be reimbursed in accordance with the Travel-Meal Reimbursement & IRS Mileage Rates established by the Finance Department on an annual basis and within the criteria outlined within this policy.
Any questions regarding the appropriateness of a particular type of expense should be resolved by the City Council before the expense is incurred. Examples of non-reimbursable expenses include personal expenses, charitable/political contributions, entertainment expenses, personal losses incurred while travelling, and expenses for family members.
In order to conserve City resources and keep expenses within community standards for public officials, expenditure amounts should adhere to the guidelines set forth within. Expenses that exceed these City of
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guidelines will be reimbursed only to the maximum extent of the guidelines.
All cash expenditures, credit card expenses, and expense reimbursement requests must be submitted to the City Auditor on an expense report form provided by the City, accompanied by receipts documenting each expense. Expense and mileage reports must document that the expense in question meets the requirements of this policy. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
All expenses are subject to review and verification by the City Auditor for compliance with this policy and eligibility for reimbursement.
TRAVEL
GUIDELINES
Reports by Elected Officials
The elected official must file a written or oral report to the City Council within fifteen (15) business days or at the next City Council meeting immediately following any travel attended at City expense or travel attendance as a City official that is funded by a non-City entity.
The report shall include, but is not limited to:
a. A listing of any workshops, presentations, educational seminars, speeches, or other sessions attended with summary and/or descriptions of information gathered
b. A listing of meeting(s) held during travel with legislators, other governmental officials, or groups with subjects addressed during the meeting(s)
c. A listing of any speeches, presentations, or other speaking roles during travel
Course Materials
Course materials received will be turned into the Mayor and Council Offices - Council Library or elected official’s respective department’s library, as applicable, for open accessibility, except for safety-sensitive portions of such materials.
Rewards and Promotional Benefits
Rewards granted under frequent travel programs through airlines, City of
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hotels, or any type of travel vendor, if accrued through official travel and at the City's expense, shall be used only for official travel and/or turned over to the City for future official travel, to the extent possible.
Promotional benefits or materials received during official travel, if obtained under the same conditions as those offered to the general public and at no expense to the City, may be retained for personal use.
CRITERIA FOR
OFFICIAL
TRAVEL
Official City Representative Criteria
When travelling to a conference, convention, workshop, or similar event, one or more elected officials shall be specifically designated to act as the official representative(s) of the City with the following criteria:
a. Official travel must be related to the elected official’s roles or duties such as work performed on a particular issue or
substantive area in an official capacity, committee assignment, liaison assignment, task force assignment, or council
assignment.
b. If multiple members of the City Council meet the criteria, the representative(s) will then be designated based on seniority.
Public Purpose Criteria
Travel by elected officials is an allowable activity and expense when it is performed for a valid public purpose:
a. Attending educational seminars designed to improve the elected official’s skill and information levels, or to comply with applicable professional standards
b. Participating in regional, state, and national organizations whose activities affect the City’s interests
c. Communicating with representatives of regional, state, and national government and their various agencies
d. Travel is consistent with the adopted budget and/or legislative priorities
Elected officials may attend conferences or any other official travel at City of
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their own expense if such travel falls outside the criteria set forth in this policy.
SUMMARY OF
CONFERENCES
AND TRAVEL
Official Travel – Local (Drivable Distance)
c. Local travel or single-day events that do not require an overnight stay are open to all elected officials.
d. Local travel or single-day events that require an overnight stay must meet the criteria for official travel.
Official Travel – In-state
a. In-state travel is limited to a maximum of two elected officials per official travel event, except as follows:
The League of California Cities Annual Conference is open to all elected officials, and the League of California Cities New Members Academy is open to all newly elected or appointed members of the City Council.
b. In-state travel requires elected officials to meet the criteria for official travel.
Official Travel – Out-of-state
a. Out-of-state travel is approved in advance annually with the respective department’s Operating Budget
b. Out-of-state travel is limited to a maximum of two elected officials per conference, with the exception of United States Conference of Mayors and National League of Cities
conferences and meetings.
c. Out-of-state travel requires elected officials to meet the criteria for official travel.
Official Travel – International
a. International travel is limited to a maximum of three elected officials per trip.
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b. International travel may be initiated by invitation or commemoration of anniversaries with the City of Santa Clara's sister cities.
c. International travel requires elected officials to meet the criteria for official travel.
d. International travel is approved in advance annually in the respective department’s Operating Budget and must be
submitted in advance to the City Council for approval with sufficient time to ensure that, if approved by Council, arrangements can be made before the first day of travel.
Official Travel – Other
For any official travel that has not been pre-approved in the respective department’s Operating Budget, requests for travel approval must be submitted to the City Council with sufficient time to ensure that, if approved by Council, arrangements can be made before the first day of travel.
a. Requests for travel approval must meet all of the criteria for official travel.
b. Requests for travel approval require 5 votes from the City Council.
c. When reviewing and considering approval of requested travel by elected officials, the City Council shall ensure compliance with the Brown Act (California Open Meeting Requirements for Local Legislative Bodies).
PROCEDURE Prior to incurring expenses, review policy to ensure proposed expenses are allowed based on the criteria established within this policy.
Within fifteen (15) business days of an expense being incurred, elected officials submit to the City Auditor an expense report form, accompanied by receipts, documenting the amount and purpose of each expense and how it meets the requirements of this policy. Course materials must be turned into the respective department’s library for open accessibility, except for safety-sensitive materials.
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The elected official must file a written or oral report to the City Council within fifteen (15) business days or at the next City Council meeting immediately following any travel attended at City expense, with the criteria outlined within this policy.
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OFFICIAL TRAVEL BY THE CITY COUNCIL
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POLICY The purpose of this policy is to establish guidelines for official City Council travel. Travel must serve a legitimate public purpose, be conducted in a fiscally responsible manner, and comply with the City of Santa Clara Code of Ethics and Values. All expenses are subject to review by the City Auditor to ensure transparency and accountability.
Aligned with the City of Santa Clara Code of Ethics and Values, the City is committed to fiscal responsibility and the prudent use of public resources to protect long-term financial stability. To promote open and transparent government, the City Council establishes guidelines for official travel by Councilmembers.
Travel by City Councilmembers is permitted and reimbursable when it serves a valid public purpose. This policy defines the types of expenses that are authorized during official travel and outlines the procedures for reimbursement. Reimbursements will not exceed the limits set forth in these guidelines.
All travel expenses are subject to review and verification by the City Auditor to ensure compliance with this policy and eligibility for reimbursement.
This policy governs City-funded travel only. It does not address reporting obligations for travel paid by non-City entities. City Councilmembers remain responsible for complying with all Fair Political Practices Commission (FPPC) reporting requirements regarding nonCity payments for travel.
ELIGIBILITY
AND CRITERIA
Official Travel
The City’s annual operating budget for the Mayor and Council office includes funding allocated for official City travel. Travel meeting the criteria of this policy may be allowed as long as funding is available.
Official travel may be authorized when it meets one or more of the following:
1. Official Duties: Related to the Councilmember’s elected role, committee assignment, or legislative priority (e.g. committee or liaison assignment, task force assignment, or council
assignment).
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2. Professional Development: Conferences, meetings, workshops, trainings or educational seminars that build skills or knowledge relevant to City service.
3. Representation: Participation in regional, state, or national organizations that promote and advance the interests of the City.
4. Multiple Attendees: When several Councilmembers request attendance at the same event, priority will be based on committee or legislative assignment; submission date of request; budget availability; and compliance with Brown Act quorum requirements If multiple members of the City Council elect to attend the same event for travel, Councilmember(s) may attend based on available department budget or based on a committee assignment or legislative priorities of interest.
a. All requests for additional budget approval must meet all criteria for official travel.
b. Requests for travel approval requires five votes from the City Council.
Types of Travel
a. Local travel is defined as 50 miles or less from Santa Clara City Hall for single-day events which meet the official travel criteria above.
b. Local travel may require overnight lodging and may be approved by the City Manager depending on whether an extensive
commute is required to attend the conference/event.
c. In-State Travel exceeding 50 miles must meet the official travel criteria above which may include: League of California Cities Annual Conference, League of California Cities New Members Academy.
d. Out-of-State travel are for events such as the United States Conference of Mayors and National League of Cities
conferences and other meetings.
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e. International travel is allowed for all City Councilmembers.
International travel may be initiated by invitation or
commemoration of anniversaries with the City of Santa Clara's Sister Cities or Friendship Cities or international delegation.
PROCEDURES Travel Arrangements
Travel arrangements should be made as far in advance as possible to obtain the best possible fares, early bird and discounted rates, and to avoid late registration fees.
1) Prior to travel, Councilmembers must submit a written request to City staff stating the purpose and benefit to the City. 2) City staff will verify available funds and prepare the preauthorization form. 3) The City Manager or designee approves the pre-authorization form.
REIMBURSABLE
EXPENSES
Lodging
Lodging is covered for approved travel, including the night before and the night after an event. Itemized receipts are required, and reimbursement is limited to actual costs.
If no specific lodging site is designated for official City business, the City will reimburse the actual cost of lodging at an alternative location.
Meals
Meal expenses are reimbursed, including tax and tips and incidentals, up to the General Services Administration (GSA) per diem rate for the destination (http://www.gsa.gov/perdiem) for a full day of travel.
Itemized receipts showing the expense amount are required for Councilmembers to receive reimbursement. In the case an itemized receipt is missing and efforts to obtain a copy are not available, a review may be made to authorize the full per diem reimbursement amount. Reimbursements are capped at the GSA amounts detailed online.
The Meals & Incidental Expenses will be used to generate the per diem City of
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rate for meals. Any meals provided as part of the conference, event, or hotel, must be deducted from the reimbursement as listed on http://www.gsa.gov/mie .
Alcohol, guest meals, and hotel incidentals (e.g. in-room services) are not eligible for reimbursement.
Transportation
Use of City /Private Vehicles: City vehicles are available for in-state or local travel. Councilmembers shall be compensated for the use of their private vehicles for approved business travel at the federal GSA standard rate, provided that it is the most logical and least expensive method of transportation.
To drive a vehicle on City business, Councilmembers must possess a valid California driver’s license. A driver of a privately owned vehicle must carry liability insurance coverage, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
Bridge Tolls/Parking: Bridge tolls and parking fees incurred while traveling on City business are reimbursable with receipts.
Councilmembers shall obtain itemized receipts and submit them with their Travel Expense Reports.
Train /Other Mass Transit: Councilmembers shall be compensated for train or other mass transit fares and fees provided that it is the most logical and least expensive method of travel.
Ground Transportation: Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or rideshare may also be used.
Rental Vehicles: Rental vehicles shall only be used when no practical alternative exists; in such cases, Councilmembers must select economy class vehicles, and optional insurance is not reimbursable.
Airfare: Airfare must be booked at the lowest reasonable fare that provides the most direct route. Air travel options shall not be limited to City of
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a specific airline. Refundable tickets are permitted if there is a risk of cancellation. One checked bag is reimbursable. Any unused credits from official travel must either be applied to future City travel or reimbursed to the City.
If travel arrangements must be canceled, Councilmembers are expected to notify staff as soon as practicable to allow sufficient time to avoid or minimize additional costs to the City.
Expense Report
• All itemized receipts and documentation must be submitted within thirty (30) business days of travel to staff for processing with the City Auditor’s Office.
• Expense and mileage reports must document that the expense meets the requirements of this policy. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
• Non-reimbursable expenses: Expenses that are personal, political, or entertainment related are not eligible for reimbursement. Alcohol expenses for family members or
guests, and costs associated with extending a trip for personal reasons are also non-reimbursable.
Rewards and Promotional Benefits
Councilmembers may earn frequent flyer miles or other travel rewards (such as airline, hotel, or vendor loyalty points) while on official City travel. However, if personal frequent flyer miles or other reward points are used to purchase tickets or services for City business, the value of those tickets or services is not reimbursable.
Promotional benefits or materials received during official travel, if obtained under the same conditions as those offered to the general public and at no expense to the City, may be retained for personal use.
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Council Policy Manual
Proposed Changes in Yellow
OFFICIAL TRAVEL BY CITY COUNCILMEMBERS (cont.)
Revised 9/4/2019 Council Policy 043 Page 6 of 6
Resolution No. 19-8751
Reports by City Councilmembers
Councilmembers must provide either a written or oral report to the City Council within fifteen (15) business days of their return, or at the next City Council meeting, whichever comes first. This requirement applies to travel funded by the City as well as travel undertaken in an official capacity that is funded by a non-City entity. Any course or conference materials received may be shared in digital format with the full City Council.
The report shall include, but is not limited to:
• A listing of any workshops, presentations, educational seminars, speeches, or other sessions attended with summary and/or descriptions of information gathered
• A listing of meeting(s) held during travel with legislators, other governmental officials, or groups with subjects addressed during the meeting(s)
• A listing of any speeches, presentations, or other speaking roles during travel
Course Materials
Course materials received may be shared with the Mayor and Council Office staff to include in a digital format to share with the full City Council. the Council Library or elected official’s respective department’s library, as applicable, for open accessibility, except for safety-sensitive portions of such materials.
City of
Santa Clara
The Center of What's Possible
City Manager’s Directive 028
Travel Policy
DATE: July 1, 2022 CMD 028 Page 1 of 12
CANCELS: June 19, 1997
POLICY The City of Santa Clara (the “City”) expects to pay all reasonable costs incurred by City employees traveling on approved City business; and City employees are expected to use sound fiscal stewardship when expending public funds, and to travel in the most logical and least expensive manner possible.
PURPOSE The purpose of this Travel Policy (the “Policy”) is to define the City’s expectations of its employees who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler. This policy is not intended to cover short trips during work hours made by employees in the course of their regularly assigned work duties.
Local Travel Local travel is travel necessary to conduct official City business and is performed by the most direct route within and adjacent to an employee’s official worksite. Local travel is defined as less than 50 miles from the employee’s home or place of business, whichever is the shortest distance. Compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance. The City will not pay for lodging or per diem meal expenses related to local travel as defined above. The City will pay for transportation and parking costs related to the local travel.
Employees can settle their allowable local travel expenses through the petty cash reimbursement process if the request is less than the petty cash limit at the time of reimbursement. Requests larger than the petty cash limit require an accounts payable request for payment.
Conference
and Meeting
Attendance
City employees shall be authorized to join professional and public organizations and attend the meetings and conferences held by such organizations subject to adequate budget appropriations and adherence to this policy.
General
Procedures
and Guidelines
The Policy shall be reviewed annually by the City Auditor’s Office to ensure its consistency with respect to the City's objectives and any modifications must be approved by the City Manager.
City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 2 of 12
CANCELS: June 19, 1997
Travel
Authorization
A. City Manager Pre-Travel Authorization Form Required.
City Manager (or designee) authorization is required in advance of travel or the commitment of City funds for the following:
Travel by Department Directors
Out-of-State travel by any staff
Any exception to this policy
Authorization shall be sought via submittal of a Pre-Travel Authorization Form (Attachment A).
B. Department Director Pre-Travel Authorization Form
Required.
In-state, overnight travel requires the approval of a
Department Director via submittal of a Pre-Travel
Authorization Form in advance of travel and the commitment of City funds.
C. Department Director or Designated Supervisor
Authorization Required.
A pre-travel authorization form is not required for local travel as defined above, where meal reimbursement, overnight or out-of-state travel is not concerned. Employees are required to obtain approval from their supervisor prior to any business travel for which the City is expected to pay for mileage, bridge tolls and/or parking. This approval can be via email, with a copy of email approval submitted with travel costs. Itemized receipts are necessary to receive reimbursement for all expenses whether through petty cash or accounts payable request for payment. An employee may not approve their
own travel documentation under any circumstances.
Travel
Arrangements
Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advantage of early (discounted) fees, and to avoid late City of
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CMD 028: Travel Policy
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CANCELS: June 19, 1997
registration fees. If travel arrangements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City from incurring unnecessary costs when possible.
At the Department Director’s discretion, one or more persons may be designated as a Travel Coordinator and be assigned
responsibility for making travel arrangements for all business travelers within a department. It is the City’s preference that all travel be booked by designated Travel Coordinators using their City Procurement Cards to secure travel arrangements ahead of all travel. Individual travelers may make their own travel arrangements with their personal credit cards and be reimbursed if it is not feasible for a travel coordinator to do so.
Transportation Travelers shall use whatever mode of transportation is the most reasonable and least expensive. When planning the transportation portion of a trip, the employee shall consider all aspects of cost to the City including daily expenses, overtime, lost work time as well as actual transportation costs.
Use of a mode of transportation other than the most reasonable and least expensive must be documented and have advance approval from the employee’s Department Director. The City will pay only the cost of the most reasonable and least expensive mode. If the mode of transportation is determined to be a City vehicle, the traveler shall comply with the City Manager’s Directive (CMD) 21 Use and Maintenance of City Vehicles Including General Government/Public Works Pool Vehicles. The difference between the selected mode and the least expensive mode shall be documented and considered the employee’s personal expense at the time of travel authorization.
This paragraph does not apply to special accommodations made to qualified employees under the Americans with Disabilities Act provided that the alternate mode of transportation is approved in advance.
A. Air Travel.
Employees shall not limit their air travel options by specifying an airline. The airline offering the lowest fare for a reasonable route shall be selected.
City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 4 of 12
CANCELS: June 19, 1997
B. Use of Personal Vehicle.
With the exception of employees who have been assigned a City vehicle or who receive a car allowance, employees shall be compensated for the use of their private vehicles for business travel at the current IRS standard mileage rate, provided that it is the most reasonable and least expensive method of transportation. Compensation shall be based upon the number of miles between the travel destination and either the employee’s designated work location or residence,
whichever is the shortest distance.
Employees that receive a car allowance and are required to travel greater than 50 miles from their work location or residence, whichever is the shortest distance, are eligible to be compensated for the use of their private vehicle for business travel at the current IRS standard mileage rate for miles traveled over 50 each way of the trip (e.g. if travel destination is 80 miles from the work location and 70 miles from the residence, then the employee will receive
reimbursement for 20 miles (70-50=20)).
Employees who do not receive a car allowance may also be compensated at the current IRS standard mileage rate for the use of their private vehicles for routine travel on City business between City facilities or to other locations in Santa Clara or the adjoining communities. Compensation shall be based
upon the number of miles between the travel destination and either the employee’s designated work location or residence, whichever is the shortest distance. Employees must keep a log of such routine travel using the Mileage Reimbursement Log (Attachment C). Expense reimbursements for this type of mileage must be submitted monthly.
The City will reimburse all expenses, such as bridge tolls and parking fees, incurred as the result of an employee’s
authorized use of a vehicle while traveling on City business.
Employees requesting reimbursement for the payment of
such expenses shall obtain itemized receipts and submit them as part of their travel expenses on the Travel Expense City of
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CMD 028: Travel Policy
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Form. Also, whenever possible, employees attending the
same event shall travel together to minimize expenses.
To drive a City or privately-owned vehicle on City business an employee must possess a valid California driver’s license. An owner/driver of a privately-owned vehicle used for City business must carry adequate liability insurance coverage in accordance with applicable State law, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City’s per mile cost reimbursement.
In addition, the employee shall charge any additional
personal time spent outside of the normal reasonable travel time during normal work hours to vacation or a similar leave.
C. Train and Other Mass Transit.
Employees shall be compensated for train or other mass
transit fares and fees provided that it is the most logical and least expensive method of travel to the conference,
conference related events, or meeting site. Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee. In addition, the employee shall charge any
additional personal time spent outside of the normal
reasonable travel time during normal work hours to vacation or a similar leave.
D. Ground Transportation at Destination.
Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses or local shuttle services, if available. Taxi or ride-share (Uber/Lyft) service shall be used only when no other convenient, less costly mode of transportation is available for the employee to travel to the conference, conference related events, or meeting site.
Any incremental cost beyond the basic cost required for the employee to attend a conference or meeting shall be paid for by the employee.
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Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 6 of 12
CANCELS: June 19, 1997
E. Rental Vehicles.
Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive or impractical and must be
authorized in advance by the Department Director. If a rental vehicle is authorized, employees shall request the least expensive vehicle category that meets their needs.
Employees are required to purchase and shall be reimbursed for optional insurance coverage for the rental vehicle.
Optional insurance coverage shall include Damage Waiver (DW) (also referred to as Collision Damage Waiver (CDW)) and third-party liability coverage.
F. Travel Time.
Travel time is compensable under certain conditions identified in the Fair Labor Standards Act (FLSA). As a charter city, the City follows current FLSA regulations for determining the compensability for travel time. The FLSA regulations are available at:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
Lodging The City will pay lodging expenses for approved City travel, including the evening preceding or subsequent to a meeting or business event when the employee would otherwise have to travel from his/her residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination. Local travel, as defined previously in this policy, does not qualify for City paid lodging expenses.
Employees are expected to use the most cost-effective lodging reasonably available. When a conference or training session is held at a specific hotel, the City shall pay for actual lodging expenses up to the standard lodging rate advertised by the conference or training sponsor unless approved by the Department Director as part of the travel authorization process.
When there is not a specific lodging site associated with official City business, the City shall pay for actual lodging expenses up to the City of
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CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 7 of 12
CANCELS: June 19, 1997
GSA maximum rate allowed by location
(http://www.gsa.gov/perdiem). Note that the GSA maximum rate applies to the base room rate only and does not include taxes. Any exception to applying the GSA rate due to the current market rates in the area of travel must be documented in writing and approved, pre-travel, by the Department Director.
Every effort shall be made to obtain lodging at or near the facility where official City business is to take place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought. The City will pay for standard room accommodations at the most cost-effective lodging reasonably available. Any incremental cost beyond that of a standard room shall be paid for by the employee unless a written exception has been approved by the City Manager (or designee).
Room reservations may be made in advance using a City
procurement card and the employee should request a copy of the hotel’s credit card authorization receipt as applicable. This will be used to authorize the hotel to charge the total room cost, including all taxes, on the Travel Coordinator’s purchasing card. Employees shall personally pay for any additional expenses incurred, such as movie rental, mini-bar bills, room service, etc.
Employees shall cancel any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the employee’s personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the employee’s control.
Meals A. Overnight Travel
The City will pay for an employee’s meals during authorized travel, including tax and tips and incidentals, up to the per diem amount established by the GSA for the destination location (available at:
http://www.gsa.gov/perdiem) for a full day of travel. Per GSA, rules, employees are only eligible for 75 percent of the total per diem amount on the first and last travel day. The Meals & Incidental Expenses (M&IE) column will be used to generate the per diem rate for meals. Use the guide on http://www.gsa.gov/mie to breakdown City of
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CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 8 of 12
CANCELS: June 19, 1997
the per diem amount for each meal. For any meal that is provided by the conference or hotel the appropriate meal amount listed on http://www.gsa.gov/mie must be deducted from the reimbursement request.
The City will not pay for the following:
Meals that the employee elects to purchase from another source when the meals are included in the cost of a
conference, training registration fee, or hotel stay. In the event an exception is granted due to dietary restrictions, the meal will be reimbursed on an actual expense basis, up to the applicable GSA rate.
Alcoholic beverages.
B. Non-Overnight Travel
With regard to partial days of travel that is not overnight but exceeds the local travel guidelines detailed above, the City will pay for meals on a pro-rated basis using GSA meal amounts, as follows:
If the partial day includes travel before 8 a.m., the City will pay for the employee's breakfast.
If the partial day includes travel between 11 a.m. and 1 p.m., the City will pay for the employee's lunch.
If the partial day includes travel after 5 p.m., the City will pay for the employee's dinner.
Miscellaneous
Fees/Business
Expenses
A. Gratuities/Tips.
The City will pay reasonable and customary gratuities and tips during City business travel, which are included in the standard per diem rate per GSA guidelines.
B. Business Expenses.
The City will pay for goods and/or services deemed
necessary for the completion of official business, such as printer, copier, and computer usage, etc.; for internet usage at actual cost and for all business telephone calls. Cellular phones are often more cost-effective than using hotel phones City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 9 of 12
CANCELS: June 19, 1997
directly and should be considered as a primary option.
Whenever possible, employees shall anticipate the need for supplies and shall take whatever they will need with them instead of buying supplies at their destination.
C. Baggage Fees.
If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.
D. Personal Expenses.
Personal expenses will not be paid by the City. In addition to those items identified as personal expenses throughout this Policy, personal expenses include early bird flight check-in fee, change flight fee (except as otherwise set forth in this Policy), personal transportation costs outside of the
conference or conference event site, personal telephone calls, in-room movies, spas and gyms, optional recreational events in connection with a conference, laundry or dry
cleaning, miscellaneous sundries, or other items of a
personal nature.
Personal travel shall not be mixed with business travel if it will result in (1) additional costs to the City, (2) employee engaging in personal travel while be compensated, or (3) harming the City’s interest in any way. Any extension of a trip for personal travel must be accompanied by Director approval and supporting documentation of what the trip would have cost with the original business itinerary. The City will reimburse the lesser of the original business itinerary cost or the extended trip cost due to personal travel. Any additional cost from the original business itinerary must be covered by the employee. The City will not pay for any expenses of a spouse or other person who accompanies an employee on
business travel.
City of
Santa Clara The Center of What's Possible
CMD 028: Travel Policy
DATE: July 1, 2022 CMD 028 Page 10 of 12
CANCELS: June 19, 1997
Settlement of
Trip Expenses
Payment of travel expenses incurred during the trip using City procurement cards is not permitted. Purchase cards may be used to pre-pay expenses such as flights, hotel, car rental, or conference registration (preferably by a Travel Coordinator) or may pay these expenses by invoice through accounts payable.
Allowable expenses per this policy during the trip are to be paid out of pocket by employees and reimbursed upon completion of travel.
The City will not provide any advance payment of travel costs directly to employees.
Travel
Reimbursement
All employee travel reimbursement requests require either direct supervisor or Department Head approval prior to submitting to the City Auditor. Direct supervisors can approve expense
reimbursement requests if there is no greater than a 10% variance between the pre-approved travel estimate and the actual expense reimbursement requested. Any reimbursement request with a difference greater than 10% of the pre-approved estimate must be approved by the Department Director.
The City Auditor’s Office is responsible for review and has final approval of travel expense reimbursement requests. Approval shall be based upon the employee’s compliance or non-compliance with the requirements of this policy. Once approved by the City Auditor, the reimbursement request will be forwarded directly to accounts payable for processing and email notification will be provided to travel coordinators and/or the employee.
Within 30 days of an employee's return from a business trip, a final, department approved expense report associated with the trip shall be submitted to the City Auditor to be eligible for any reimbursement. The employee must complete a signed Travel Form and supporting documentation to substantiate all reported expenses with the exception of meals, as these are reimbursed based on GSA per diem rates. The documentation should be in its original form and include the following, if applicable:
Pre-travel request authorization as defined by this policy Invoice and trip itinerary from vendor
Event brochure or agenda for conference, training, or special event
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CMD 028: Travel Policy
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CANCELS: June 19, 1997
Any certificates of completion associated with event
Airfare receipt showing the travel dates and time
Parking receipts showing the travel date and amount paid Transportation receipts showing the travel date and full address to/from the event location
Car rental receipt showing the dates and number of days Final itemized hotel bill or statement showing all charges Documentation showing miles between destination and the employee’s work location or residence to substantiate the shortest distance driven for mileage
A brief written explanation if a reporting item doesn’t have supporting documentation.
It is the employee’s responsibility to submit the travel expense reimbursement request within the specified timeline.
Uncompleted training will not be paid by the City unless the employee's failure to complete the training was due to a cause outside the employee's control as documented with a memorandum.
Advances The City does not offer advances to employees for travel.
Exceptions to
this Policy
This Policy does not claim to address all contingencies and conditions. However, any exception requires City Manager (or designee) approval in writing for anticipated/known exceptions or unanticipated/unplanned expenses. Requests for exceptions should be accompanied by the traveler’s written justification for the expense.
Examples of exceptions to this policy include, but are not limited to, the following:
Unusual business expenses
Per diem and/or lodging expenses which exceed GSA limits The purchase of one or more meals from another source even though they were included in a conference and/or
seminar registration fee
The use of an alternate mode of transportation
Lodging expenses incurred during local travel
Travel costs exceeding available budget appropriations City of
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CMD 028: Travel Policy
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City Auditor to
Conduct
Periodic Audits
The City Auditor shall conduct periodic audits in accordance with generally accepted government auditing standards to ensure compliance with this travel policy. Audit results shall be submitted to the City Council.
Cross References:
CMD 49 - Membership in Professional Societies and Associations CMD 21 - Use and Maintenance of City Vehicles Including General Government/Public Works Pool Vehicles
Attachments:
A – Travel Authorization Form
B – Travel Expenses Reimbursement Form
C – Mileage Reimbursement Log
City of
Santa Clara The Center of What's Possible
Resolution Council Policy 043 Page 1 of 2
Rev: 6.20.25
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 043 OFFICIAL TRAVEL BY CITY
COUNCILMEMBERS
WHEREAS, a draft of Council Policy 043, “Official Travel by City Councilmembers” (“Draft Policy”) was presented to the Governance and Ethics Committee (“Governance and Ethics Committee”) for their consideration on September 8, 2025 for review and revision as part of Council policies and procedures to further clarify guidelines for official travel by City Councilmembers, define reimbursable expenses for official travel, and ensure compliance with fiscal responsibility standards; and
WHEREAS, the Governance and Ethics Committee approved the Draft Policy in substantial form, with revisions, and directed staff to present the Draft Policy to the City Council for its consideration and adoption; and,
WHEREAS, City staff updated the Draft Policy and presented it to the City Council for their consideration at their December 16, 2025 City Council meeting; and WHEREAS, Council considered the Draft Policy, heard public comment, and provided direction to staff regarding any requested modifications; and WHEREAS, such modifications include updated guidelines and procedures for the Official Travel by City Councilmembers for the City of Santa Clara.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA AS FOLLOWS:
1. Council Policy 043, entitled “Official Travel by City Councilmembers”, attached here as Attachment 1, is hereby approved and adopted commencing December 16, 2025 until further amended. The Policy shall continue in effect until otherwise affirmed, modified or terminated by vote of the City Council.
2. Staff is directed to take such other actions as are necessary to implement, post and distribute the Policy, including preparation and presentation to the City Council of any necessary Resolution Council Policy 043 Page 2 of 2
Rev: 6.20.25
modifications to reflect the new policy.
3. Effective date. This resolution shall become effective immediately, with the Council Policy 043 to go into full effect upon December 16, 2025.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 16th DAY OF DECEMBER 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments to be incorporated by reference:
1. Council Policy 043, entitled, “Official Travel by City Councilmembers” City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1023 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action on Recommendations from Governance and Ethics Committee for Updates to Council Policy 006 ("Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”)
BACKGROUND
As background, Council Policy 006 ("Guidelines for Commissioners Attendance at Conferences and Training Events”) (Attachment 1) was identified for review and revision as part of the Governance and Ethics Committee (Committee) workplan. The policy establishes guidelines for official travel by members of City Commissions, Boards and Committees, defines reimbursable expenses for official travel, and ensures compliance with fiscal responsibility standards.
At the September 8, 2025 Committee meeting, staff presented proposed amendments to Council Policy 006 which included general cleanup language, clarifications, and additional procedures.
During its discussion, the Committee Provided further direction regarding reimbursable meal rates.
The existing policy limited reimbursement for meals on the first and last day to 75% of the applicable U.S. General Services Administration (GSA) per diem rate. Committee members noted that actual travel schedules may necessitate full meals regardless of departure or return timing and recommended updating the policy to allow reimbursement at 100% of the GSA per diem rate for all days of authorized travel.
The Committee also emphasized the importance of ensuring sufficient budget resources for Commissioner and Committee members. The Committee recommended that City staff liaisons actively promote and encourage available trainings and conferences to help support the development of Commissioners, Board, and Committee members.
The Committee approved the staff recommendations to amend Council Policy 006 with the following change:
1. Remove the 75% GSA limitation for the first and last days of travel and allow for reimbursement at 100% of the GSA rate for all travel days.
DISCUSSION
The proposed Council Policy 006 (retitled “Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”) (Attachment 2) are presented for City Council review and consideration Key proposed changes include the following:
1. Title: The title is updated to “Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events” to clarify that the policy applies to all City of Santa Clara Page 1 of 3 Printed on 12/12/2025
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25-1023 Agenda Date: 12/16/2025
members of Commissions, Boards, and Committees.
2. Criteria for Official Travel: New language clarifies that overnight lodging is not permitted for local travel, defined as less than fifty miles from Santa Clara City Hall. Exceptions may be approved by the City Manager when an extensive commute would otherwise be required.
3. Procedures for Travel: The revised policy outlines the process:
· Travel arrangements should be made as early as reasonably possible to secure the best available fares, early bird/ discounted rates, and avoid late registration fees. · All itemized receipts and documentation must be submitted within thirty (30) business days of travel for processing by staff with the City Auditor’s Office. · Expense and mileage reports must demonstrate that the expense meets policy requirements; failure to do so in a timely manner may result in the cost being borne by the Commission or Committee member.
· Non-reimbursable expenses: Personal, political, or entertainment related expenses are not reimbursable. Alcohol expenses for family members or guests, as well as costs associated with extending travel for personal reasons, are also non-reimbursable. · Extending travel outside the approved travel authorization (including additional days or weekends) does not entitle the traveler to reimbursed for for associated expenses, included lodging, meals, or airfare differences.
4. Reimbursable Expenses: new section provides detail on allowable reimbursement expenses. a. Lodging: Lodging is reimbursable for approved overnight travel, limited to actual costs with receipts. If no official hotel is designated, alternative lodging may be reimbursed. b. Meals: Where a conference Includes meals in its registration cost, separate meal reimbursements will not be provided unless related to dietary restrictions.
Reimbursement is available during authorized overnight travel, capped at the GSA per diem rate for the destination. First and last travel days are reimbursed at 100% of the GSA rate. Alcohol, guest meals, and hotel incidentals (e.g., in-room services) are not reimbursable.
Alcohol, guest meals, and hotel incidentals (e.g. in-room services) are not eligible for reimbursement.
c. Transportation: Eligible costs include mileage at the GSA rate for private vehicles, bridge tolls and parking (with receipts), train or mass transit fares, local shuttle or public transportation, and rideshare or taxi when appropriate. Airfare must be booked at the lowest reasonable direct fare. Refundable tickets are permitted. One checked bag is reimbursable. Unused credits must be applied to future City travel or reimbursed to the City.
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5. Rewards and Promotional Benefits: Committee Members and Commissioners may retain frequent flyer miles or similar rewards accrued during City travel. However, if personal Frequent flyer miles or other reward points are used to purchase travel for City business, the value is not reimbursable.
The Goverrnance and Ethics Committee recommends the City Council approve the proposed amendments to amend Council Policy 006 ("Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”) and approval by Resolution (Attachment 3).
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommendation.
COORDINATION
This report was coordinated by the City Manager’s Office, City Auditor’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee 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
Adopt a Resolution Approving the Recommendation from the Governance and Ethics Committee to amend Council Policy 006 ("Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”) in the form presented.
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Current Council Policy 006 ("Guidelines for Commissioners Attendance at Conferences and Training Events")
2. Proposed Council Policy 006 ("Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”)
3. Resolution
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City of Santa Clara
Council Policy Manual
GUIDELINES FOR COMMISSIONERS
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Approved and Amended July 11, 2023 Council Policy 006
PURPOSE The purpose of this Policy is to establish criteria for Boards and Commissions travel to conferences and training events.
POLICY Each City Commission has a separate budget to pay for members’ attendance at appropriate conferences and training programs. These guidelines were established by the City Council in 1997 and amended in 2003 and 2010 based on the City’s Budget Principles. In general, the policy discourages international and out-of-state travel for conferences and training events.
TRAVEL
GUIDELINES
1. Official travel must be related to the Commissioner’s roles or duties and approved by the City Commission.
2. Attendance at conferences and training events should be rotated as much as feasible among members of each City Commission.
3. All travel requests must be pre-approved by the Board or Commission prior to travel arrangements. Exceptions will be made for urgent or late travel requests, which occur before the Board or Commission convenes, these requests may be approved by the City Manager.
4. The City of Santa Clara is fiscally responsible and endorses the proper use of City assets to help ensure the City’s fiscal stability. If the City Commission believes that the out-of-state conference is highly important, and if sufficient funding is available within the existing budget then approval by the City Manager is required.
5. No more than two members of a City commission may attend any specific out-of-state conference or training event.
6. No more than three members of a City commission may attend any specific conference and training event held within the State of California. If more than three members of a City commission wish to attend a conference within the State of California, if sufficient funding is available within the existing budget, working with the staff liaison, the City Commission may send more than three members to the conference upon a vote of the City Commission, without requiring additional City Council approval.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
GUIDELINES FOR COMMISSIONERS
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Approved and Amended July 11, 2023 Council Policy 006
7. Attendance at an international conference or training held outside of the United States requires special approval by the City Council.
Out-of-country travel is not recommended.
8. One-day meetings that do not require an overnight stay are allowed as long as the total budget is not exceeded.
9. Overnight lodging for travel may be approved by the City Manager depending on whether an extensive commute is required to attend the conference/event.
10.A special situation exists for the Historical & Landmarks Commission which has a formally designated advisor as required for the City’s Certified Local Government status. The Commission may choose to send the advisor instead of a member of the commission.
11. Per AB 1234 requirements, Commissioners should report verbally on conference and training attendance at the subsequent meeting of the Commission. A brief written report from the Commissioner may be substituted for the verbal report. (See the “Resource Material” section of “Board and Commission Handbook and Survival Guide” for more information.)
City of
Santa Clara
The Center of What's Possible
Resolution / Adoption of Amended Council Policy 006
Rev: 6/9/2020
RESOLUTION NO. 23-9245
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
AMENDING COUNCIL POLICY 006 ENTITLED “GUIDELINES FOR
COMMISSIONERS FOR ATTENDANCE AT CONFERENCE AND
TRAINING EVENTS”
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara Council Policy Manual includes policies and procedures by which the City Council, Boards, Commissions, Standing and Ad Hoc Committees, shall conduct City business and activities;
WHEREAS, the City Council of the City of Santa Clara takes its stewardship of the City’s finances and oversight to ensure public resources should only be used where there is a substantial benefit to the City of Santa Clara; and WHEREAS, the Council Policy 006 on Guidelines for Commissioners for Attendance at Conferences and Training Events establishes the criteria, procedures and guidelines for official travel by Commissioners to ensure that public funds are expended for travel only when it serves a purpose for the City of Santa Clara.
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NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the amended Council Policy 006 ("Guidelines for Commissioners for Attendance at Conferences and Training Events"), attached hereto as Attachment 1, is hereby approved and adopted by the City Council of the City of Santa Clara.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 11TH DAY OF JULY, 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
1. Council Policy 006
Resolution/ Adoption of Amended Council Policy 006
Rev: 6/9/2020
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST: ,~ ,
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
City of Santa Clara
Council Policy Manual
Proposed Amendments in Yellow
GUIDELINES FOR CITY COMMISSIONS, BOARDS AND COMMITTEES
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Revised 7/11/23 Council Policy 006 Page 1 of 5
POLICY The purpose of this policy is to establish guidelines for official travel of City Board and City Commissioners who travel to conferences and training events.
Aligned with the City of Santa Clara Code of Ethics and Values, the City is committed to fiscal responsibility and the prudent use of public resources to protect long-term financial stability. To promote open and transparent government, the City Council establishes guidelines for official travel by members of City Boards and Commissions. In general, the policy discourages international and out of state travel for conferences and training events.
This policy defines the types of expenses that are authorized during official travel and outlines the procedures for reimbursement.
Reimbursements will not exceed the limits set forth in these guidelines.
All travel expenses are subject to review and verification by the City Auditor to ensure compliance with this policy and eligibility for reimbursement.
CRITERIA FOR
OFFICIAL
TRAVEL 1. Official travel must be related to the Commissioner or Boardmember’s roles or duties and approved by the City
Commission/Board.
2. Attendance at conferences and training events should be rotated as much as feasible among members of each City
Commission/Board.
3. All travel requests must be pre-approved by the Board or Commission prior to travel arrangements. Exceptions will be made for urgent or late travel requests, which occur before the Board or Commission convenes, these requests may be
approved by the City Manager.
4. If the Board or Commission believes that an out-of-state conference is highly important, and if sufficient funding is available within the existing budget, then approval by the City Manager is required.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
Proposed Changes in Yellow
GUIDELINES FOR CITY COMMISSIONS, BOARDS AND COMMITTEES
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Revised 7/11/23 Council Policy 006 Page 2 of 5
5. No more than two members of a City Commission may attend any specific out-of-state conference or training event.
6. No more than three members of a City Commission / Board may attend any specific conference and training event held within the state. If more than three members of a City Commission/Board request to attend a conference within the State of California, if sufficient funding is available within the existing budget, the City Commission may send more than three members to the
conference upon a vote of the Commission/Board, without requiring additional City Council approval.
7. Single-day meetings and events that do not require and overnight stay are allowed as long as the total budget is not exceeded.
8. Attendance at an international conference or training held outside of the United States requires special approval by the City Council. Out-of-country travel is not recommended.
9. Overnight lodging is not allowed for local travel, local travel is defined as 50 miles for less rom Santa Clara City Hall.
10.Overnight lodging for travel may be approved by the City Manager depending on whether an extensive commute is
required to attend the conference/event.
11. A special situation exists for the Historical & Landmarks Commission which may have a formally designated advisor as required for the City’s Certified Local Government status. The Commission may choose to send the advisor instead of a
member of the commission.
12.Per AB 1234 requirements, Commissioners/Boardmembers should report verbally on conference and training attendance at the subsequent meeting of the Commission. A brief written report may be substituted for the verbal report. (See the “Resource Material” section of “Board and Commission
Handbook and Survival Guide” for more information.)
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
Proposed Changes in Yellow
GUIDELINES FOR CITY COMMISSIONS, BOARDS AND COMMITTEES
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Revised 7/11/23 Council Policy 006 Page 3 of 5
PROCEDURE Travel arrangements should be made as far in advance as possible to obtain the best possible fares, early bird and discounted rates, and to avoid late registration fees.
1) All itemized receipts and documentation must be submitted within thirty (30) business days of travel to staff for processing with the City Auditor’s Office.
2) Expense and mileage reports must document that the expense meets the requirements of this policy. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
3) Non-reimbursable expenses: Expenses that are personal, political, or entertainment related are not eligible for reimbursement. Alcohol expenses for family members or
guests, and costs associated with extending a trip for personal reasons are also non-reimbursable.
An extension of the trip outside of the official travel pre-authorization period to include additional days or weekends for personal reasons, does not entitle the traveler to be reimbursed for any expenses on extra days including lodging, meals or additional airfare expenses.
REIMBURSABLE
EXPENSES
Lodging
Lodging is covered for approved overnight travel, including the night before and the night after an event. Receipts are required, and reimbursement is limited to actual costs.
If no specific lodging site is designated for official City business, the City will reimburse the actual cost of lodging at an alternative location.
Meals
Where a conference or other event includes a meal or meals as part of the costs of the activity, no separate meals will be reimbursed unless due to dietary restrictions. The City will pay for the meals for Commissioners/Boardmembers during authorized overnight travel only as detailed below.
Meal expenses are reimbursed, including tax and tips and incidentals, up to the General Services Administration (GSA) per diem rate for the City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
Proposed Changes in Yellow
GUIDELINES FOR CITY COMMISSIONS, BOARDS AND COMMITTEES
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Revised 7/11/23 Council Policy 006 Page 4 of 5
destination (available at http://www.gsa.gov/perdiem) for all official days of travel, including the first and last day of travel. Itemized receipts showing the expense amount are required for Councilmembers to receive reimbursement. Reimbursements are capped at the GSA amounts detailed below.
The Meals & Incidental Expenses will be used to generate the per diem rate for meals. Any meals provided as part of the conference, event, or hotel, must be deducted from the reimbursement as listed on http://www.gsa.gov/mie .
Alcohol, guest meals, and hotel incidentals (e.g. in-room services) are not eligible for reimbursement.
Transportation
Use of Private Vehicles: Members shall be compensated for the use of their private vehicles for approved business travel at the current GSA standard mileage rate, provided that it is the most logical and least expensive method of transportation.
Bridge Tolls/Parking: Bridge tolls and parking fees incurred while traveling on City business are reimbursable with receipts.
Councilmembers shall obtain itemized receipts and submit them with their Travel Expense Reports.
Train /Other Mass Transit: Members shall be compensated for train or other mass transit fares and fees provided that it is the most logical and least expensive method of travel.
Ground Transportation: Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or rideshare may also be used.
Airfare: Airfare must be booked at the lowest reasonable fare that provides the most direct route. Air travel options shall not be limited to a specific airline. Refundable tickets are permitted if there is a risk of cancellation. One checked bag is reimbursable. Any unused credits from official travel must either be applied to future City travel or reimbursed to the City.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
Proposed Changes in Yellow
GUIDELINES FOR CITY COMMISSIONS, BOARDS AND COMMITTEES
FOR ATTENDANCE AT CONFERENCES AND TRAINING EVENTS
Revised 7/11/23 Council Policy 006 Page 5 of 5
Cancellation
If travel arrangements must be canceled, members are expected to notify staff as soon as practicable to allow sufficient time to avoid or minimize additional costs to the City. Failure to not provide notification when unable to attend an event may result in the
Boardmember/Commissioner from being disqualified for travel for at least six months.
Rewards and Promotional Benefits
Boardmembers/Commissioners may earn frequent flyer miles or other travel rewards (such as airline, hotel, or vendor loyalty points) while on official City travel. However, if personal frequent flyer miles or other reward points are used to purchase tickets or services for City business, the value of those tickets or services is not reimbursable.
Promotional benefits or materials received during official travel, if obtained under the same conditions as those offered to the general public and at no expense to the City, may be retained for personal use.
City of
Santa Clara
The Center of What's Possible
Resolution Council Policy 043 Page 1 of 2
Rev: 6.20.25
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 006 GUIDELINES FOR CITY
COMMISSIONS, BOARDS AND COMMITTEES
WHEREAS, a draft of Council Policy 006, “Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events” (“Draft Policy”) was presented to the Governance and Ethics Committee (“Governance and Ethics Committee”) for their consideration on September 8, 2025 for review and revision as part of Council policies and procedures to further clarify guidelines for official travel by City Commissoners, Boardmembers and Committee members, and to further define reimbursable expenses for official travel, and ensure compliance with fiscal responsibility standards; and WHEREAS, the Governance and Ethics Committee approved the Draft Policy in substantial form, with revisions, and directed staff to present the Draft Policy to the City Council for its consideration and adoption; and,
WHEREAS, City staff updated the Draft Policy and presented it to the City Council for their consideration at their December 16, 2025 City Council meeting; and WHEREAS, Council considered the Draft Policy, heard public comment, and provided direction to staff regarding any requested modifications; and WHEREAS, such modifications include updated guidelines and procedures for the Official Travel by City Councilmembers for the City of Santa Clara.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA AS FOLLOWS:
1. Council Policy 006, entitled “Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”, attached here as Attachment 1, is hereby approved and adopted commencing December 16, 2025 until further amended. The Policy shall continue in effect until otherwise affirmed, modified or terminated by vote of the City Council.
2. Staff is directed to take such other actions as are necessary to implement, post and Resolution Council Policy 043 Page 2 of 2
Rev: 6.20.25
distribute the Policy, including preparation and presentation to the City Council of any necessary modifications to reflect the new policy.
3. Effective date. This resolution shall become effective immediately, with the Council Policy 006 to go into full effect upon December 16, 2025.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 16th DAY OF DECEMBER 2025, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments to be incorporated by reference:
1. Council Policy 006, entitled, “Guidelines for City Commissions, Boards and Committees for Attendance at Conferences and Training Events”
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1715 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Authorize the City Manager to Execute the 2026-2029 Memorandum of Understanding Between the City of Santa Clara and the Unclassified Police Management (Unit 9A) that Incorporates the Terms of the Tentative Agreement
BACKGROUND
The Unclassified Police Management (hereafter, “Unit 9A”) Memorandum of Understanding (hereafter, “MOU”) is set to expire on December 31, 2025.
The City and Unit 9A began negotiations on a successor MOU in October 2025 and met approximately five (5) times. On December 5, 2025, the parties reached a Tentative Agreement. The Tentative Agreement was ratified by the Unit 9A membership on or about December 5, 2025, and accepted by the City.
DISCUSSION
The recommended action authorizes the City Manager to execute a successor Memorandum of Understanding with a term of August 31, 2025, through and including December 31, 2029, that incorporates the terms of the Joint Mediation Recommendation reached between both parties.
The following is a summary of the notable provisions of the Joint Mediation Recommendation:
· Term:
January 1, 2026 - December 31, 2029
· Wages:
Effective the first pay period of calendar year 2026, all employees holding positions in classifications assigned to Unit 9A, except Assistant Police Chief (Job Code 027) shall receive a salary adjustment of approximately 4.0%. All salary ranges will remain status quo.
Effective the first pay period of calendar year 2027, all salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0%.
Effective the first pay period of calendar year 2028, all salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0%.
Effective the first pay period of calendar year 2029, all salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0%. · Lump Sum
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Effective the first full pay period for calendar year 2026, the City shall issue a one-time Lump Sum payment of $5,500 to the Assistant Police Chief (Job Code 027). · Deferred Compensation
Effective the first full pay period for calendar year 2026, the City shall increase its contribution to $330/month (from $150/month) to the employee’s deferred compensation. Once the 401(a) is established, the City’s prospective contributions after the 401(a) is established will go to the 401(a).
· Voluntary Employee Beneficiary Association (VEBA)
Effective the first full pay period for calendar year 2026, the City shall increase its contribution to $250/month (from $100/month) to the employee’s VEBA account. · Vacation Cashout
The vacation cashout shall increase from 80 to 100 hours in calendar years 2026, 2027, and 2028. Elections for 2026 must be made by December 31, 2025. Effective the first pay period of Calendar Year 2029, employees shall be eligible for a maximum vacation cashout of 80 hours per year.
· Management Leave Program
Effective the first full pay period for calendar year 2026, the management leave accrual limit shall increase from 180 to 210 hours in calendar years 2026, 2027, and 2028. Effective the first pay period of Calendar Year 2029, employees shall have a management leave accrual limit of 180 hours.
For calendar year 2026, only, management leave credited to employees shall increase from 120 hours to 150 hours.
· Chemical Testing
The language shall be amended to align with the Police Officers Association (Unit 2). · Workers’ Compensation Fast Track Program
The Side Letter Agreement the Workers’ Compensation Fast Track Program available to the Police Officers Association (Unit 2) shall be extended to employees represented by Unit 9A.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City regularly budgets the total compensation cost for its current employees and integrates known and projected cost increases from MOUs in the City’s annual budget. The costs of the Unit 9A MOU are within budget authority approved by the City Council through the negotiation process.
In FY 2025/26, the costs associated with the negotiated agreement are approximately $59K, all of which are in the General Fund. It is anticipated that this amount will be covered within the existing City of Santa Clara Page 2 of 4 Printed on 12/12/2025
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25-1715 Agenda Date: 12/16/2025
departmental budget in FY 2025/26. Expenditures will be monitored throughout the year, and a budget action will be brought forward to Council if necessary. There is sufficient funding in the unrestricted ending fund balance to address any additional costs that cannot be absorbed. In future years, the costs for this contract will be factored into future forecasts and annual budgets.
The chart below reflects the estimated changes in costs, all of which are in the General Fund, over the term of the Unit 9A MOU.
Item Description Estimated General Fund
Cost
Ongoing Costs
Wages (Jan. 2026) 4.0% increase for Police Captains
(salary range remains status quo)
+ $5,500 lump sum to the
Assistant Police Chief
$70K + $5.5K
Wages (Jan. 2027) 3.0% increase $66K
Wages (Jan. 2028) 3.0% increase $68K
Wages (Jan. 2029) 3.0% increase $70K
Deferred Compensation Increase to $330/month $11K
VEBA Increase to $250/month $9K
Total $299.5K
One-time Costs
Vacation cash out Additional 20 hours $16K
Total $16K
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected], or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Unclassified Police Management (Unit 9A) with effective dates of January 1, 2026 - December 31, 2029, that incorporates the terms of the Tentative Agreement.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
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25-1715 Agenda Date: 12/16/2025
1. Tentative Agreement between the City and Unit 9A
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2025 CITY OF SANTA CLARA- UNCLASSIFIED POLICE MANAGEMENT (9A) NEGOTIATIONS CITY and Unit 9A Negotiations - Comprehensive Tentative Agreement
1. Duration (Preamble)
4-Year Term (expiring 12/31/29)
2. Wages (Section 1)
• First Pay Period of Calendar Year 2026-AII employees holding positions in classifications assigned to Unit 9A, except Assistant Police Chief (Job Code 027) shall receive a salary adjustment of approximately 4.0%. All salary ranges will remain status quo.
• First Pay Period of Calendar Year 2027 -All salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0% • First Pay Period of Calendar Year 2028-AII salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0% • First Full Pay Period of Calendar Year 2029 -All salary ranges for employees holding positions in classifications assigned to Unit 9A shall be increased by approximately 3.0%
3. Lump Sum (Section 1)
• Effective the first full pay period for Calendar Year 2026 - one-time Lump Sum payment of $5,500 to the Assistant Police Chief (Job Code 027).
4. Deferred Compensation (Section 5)
• Effective the first full pay period for Calendar Year 2026, the City will increase its contribution to $330/month (from $150/month) to the employee's deferred compensation.
Once the 401 (a) is established, the City's prospective contributions after the 401 (a) is established will go to the 401 (a).
5. Voluntary Employee Beneficiary Association (VEBA) (Section 11) • Effective the first full pay period for Calendar Year 2026, City will contribute $250/month to the employee's VEBA account.
6. Vacation Cashout (Section 7)
• Increase the vacation cashout from 80 to 100 hours in Calendar Years 2026, 2027, and 2028. Elections for 2026 must be made by December 31, 2025. Effective the first pay period of Calendar Year 2029, employees will be eligible for a maximum vacation cashout of 80 hours per year.
City of Santa Clara
2025 CITY OF SANTA CLARA- UNCLASSIFIED POLICE MANAGEMENT (9A) NEGOTIATIONS
7. Management Leave Program (Section 17)
• Effective the first full pay period for Calendar Year 2026, increase the management leave accrual limit from 180 to 210 hours in calendar years 2026, 2027, and 2028. Effective the first pay period of Calendar Year 2029, employees will have a management leave accrual limit of 180 hours.
• Increase management leave credited to employees from 120 hours to 150 hours for 2026 only.
8. Chemical Testing (Section 22)
• Amend language to align with the Police Officers Association (Unit 2)
9. Workers' Compensation Fast Track Program
• Extend via Side Letter Agreement the Workers' Compensation Fast Track Program available to the Police Officers Association (Unit 2) to employees represented by Unit 9A.
10. Housekeeping
• Bereavement Leave (Section 9)
• Dues Deduction (Section 25)
• Merit Pay/Salary Adjustment Program (Section 24)
** THIS AGREEMENT IS CONSIDERED TENTATIVE AND SHALL NOT BE
CONSIDERED FINAL OR BINDING UNTIL RATIFIED BY ASSOCIATION MEMBERS AND APPROVED BY CITY COUNCIL. THIS DOCUMENT SETS FORTH THE FULL AGREEMENTS OF THE PARTIES REACHED DURING THESE NEGOTIATIONS.
ANYTHING NOT INCLUDED IN THE DOCUMENT IS NOT PART OF THE TENTATIVE AGREEMENT.
For the City:
12/5/2025
Management Analyst
For the Unclassified Police
Management (Unit 9A):
12/04/2025
Richard Fitting
Unit 9A
Date
12/04/2025
Luis Martin Date
Unit 9A
City of Santa Clara
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SANT A CLARA
AND
UNCLASSIFIED POLICE MANAGEMENT (UNIT 9A)
WORKERS' COMPENSATION FAST TRACK PROGRAM
The City and Unit 9A agree to implement a Workers' Compensation Fast Track Program (or "Fast Track") for employees represented by Unit 9A as soon as practicable. The Fast Track Program shall be as follows:
1. Employees who suffer a work-related injury or illness and seeking treatment through Kaiser Permanente Occupational Health are immediately pre-approved for all relevant diagnostic testing as defined within the Kaiser Fast Track program. No Utilization Review ("UR") approval is required. There is no other Fast Track Program available outside of Kaiser Permanente Occupational Health.
2. This Fast Track Program is specific to Kaiser Permanente Occupational Health due to the close collaboration and coordination that is required with the providing doctors, and the inhouse diagnostic testing capabilities at most of Kaiser's occupational health centers. a. Being a Kaiser member is not required to utilize the Fast Track Program. b. Employees can also have the test results sent to their own Workers' Compensation doctor for diagnosis and treatment at their option; however, employees opting to have test results sent to their own Workers' Compensation doctor for further diagnosis and treatment are not eligible to receive pre-authorization for the relevant diagnostic testing identified in Sections 4.a., 4b., and 4.c of this Side Letter.
3. Kaiser Permanente Occupational Heath centers are located throughout Northern and Southern California and are also known as "Kaiser Permanente On-the-Job" (KPOJ) clinics.
Most are open 8:30am to 5:00pm.
4. In the event of a work-related injury, employees should contact their preferred KPOJ clinic for an appointment for immediate treatment and any r~levant diagnostic testing that is preapproved as prescribed by a KPOJ physician, bypassing any delays associated with Utilization Review as identified below.
a. Pre-authorized tests include:
i. Radiology (X-rays, MRI, MRI arthrogram, CT scan, Doppler ultrasound) ii. Labs (Complete Blood Count, Differential, Platelet Count, Chemistry panels such as kidney or liver function tests)
iii. Electrodiagnostic Studies (EMG and Nerve Conduction) b. Pre-authorized non-surgical treatments include:
Unit 9A Side Letter Agreement - Workers' Compensation Fast Track Program December 3, 2025
i. Consults (Orthopedics, Podiatry, Physical Medicine Rehab Surgery, Plastic Surgery, Spine specialists, Ophthalmology, ENT, Neurology, Wound Clinic, etc.) ii. Physical therapy (up to a maximum of 24 visits)
iii. Occupational hand therapy (up to a maximum of 24 visits) iv. Acupuncture (up to a maximum of 24 visits)
v. Trigger point injections (series of 3)
vi. Epidural steroid injections (series of 3)
vii. Joint injections
viii. Ultrasound guided injections
ix. Continuous Passive Motion rental for post-op
x. Cold Compression Machine (i.e., Game Ready) rental for 30 days xi. TENS units Custom splints
xii. Medications - A list has been authorized for Fast Track c. Pre-authorized surgical treatments include:
i. Emergency surgeries for fracture, tendon injuries and trauma ii. Arthroscopic knee surgeries
iii. Arthroscopic shoulder surgeries
iv. Carpal Tunnel Release surgery
v. Hernia Repair
vi. Biopsy/Pathology for accepted skin cancer claims
vii. Destruction of skin areas by Cryogenic surgery, liquid nitrogen, Mohs surgery on accepted skin cancer claims
5. This Side Letter Agreement is considered part of the tentative agreement for a successor Memorandum of Understanding (or "MOU") between the parties, and shall become effective only as part of the overall tentative agreement for a successor MOU, and when signed by all parties below and approved by City Council.
FOR THE CITY:
12/5/2025
Date
Acting Assistant Director of HR
Date
ent Analyst
FOR UNIT9A:
Richard Fittin
Unit 9A
Luis Martin
Unit 9A
12/04/2025
Date
12/04/2025
Date
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1718 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Note and File the List of Designated City Employees who are Subject to Post-Employment Restrictions Pursuant to City Code Chapter 2.145
BACKGROUND
The Political Reform Act (Cal. Gov. Code §87406.3) places a one-year restriction on the post-service activity of certain high-level local government officials and employees. Local elected officials as well as city managers are bound by the one-year ban on representing any other person, for compensation, by appearing before or communicating with their former agency in an attempt to influence the agency’s decisions in an administrative or legislative action, or any action involving a permit, license, contract, or other transaction. A local agency is allowed to adopt additional postservice restrictions so long as those restrictions are more stringent than those in the state law.
In July 2000, the City Council adopted a final Ordinance that established a new Chapter in the Santa Clara City Code (formerly Santa Clara City Code, Chapter 2.80, renumbered to Chapter 2.145 of the City Code) that established a local Revolving Door prohibition for elected officials and designated employees. This local ordinance is more restrictive than the state law described above in that it expands both the list of employees to whom the restriction applies, and the prohibited post-service activities.
The purpose of this Code provision is (SCCC 2.145.010):
a) To prevent former city officials and designated city employees from using their influence with the city or agency for personal gain.
b) To prevent private for-profit business entities from obtaining a real or perceived unfair advantage in dealing the city or agencies by hiring former city or agency officials and/or designated city employees.
c) To comply with the City “Code of Ethics and Values.” d) To attempt to assure the independent, impartiality and integrity of city and agency officials and designated city employees in making governmental actions and decisions.
For one year immediately following the termination of city, agency or commission office or employment, former city officials, agency officials, commission officials and designated city employees shall not, for compensation (SCCC 2.145.030):
a) Work on any matter which the affected city official or designated city employee previously worked on for the city.
b) Represent anyone else before the city council, a city agency, a city commission or staff of the city.
c) Receive any gift or payment in excess of the amount determined from time to time by the Fair City of Santa Clara Page 1 of 4 Printed on 12/12/2025
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25-1718 Agenda Date: 12/16/2025
c) Receive any gift or payment in excess of the amount determined from time to time by the Fair Political Practices Commission from any person who was, in any way, involved in or affected by the work of the affected city official or designated city employee.
In this context, “work” shall mean any activity, for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others performing work, except as provided in SCCC 2.145.050 <https://www.codepublishing.com/CA/SantaClara/> (use of an ethical wall framework). Work for the City or an agency also includes any action of any sort whatsoever taken in one’s official capacity.
Service by a City or an agency official or designated City employee on any type of board, committee, subcommittee or similar body as a representative of the City or agency is deemed to be work for the City or an agency (SCCC 2.145.020(h)). The Santa Clara City Code includes that the following “work” shall not be subject to the prohibitions (SCCC 2.145.040):
a) As an employee or volunteer of a nonprofit organization. b) As an employee of a governmental entity.
c) As an employee pursuant to City Charter 802 which, subject to the civil services provisions of the City Charter, grants authority to the City Manager to make personnel appointments. d) As an independent contractor of the city or agency where it has been determined that it is in the best interest of the city or agency to retain the former affected city official or city employee to provide transitional services.
Santa Clara City Code, Section 2.145.020(e) includes a provision that annually, the City Manager will provide the City Council with a list of designated City classifications that will be subject to the “revolving door” prohibitions. On December 3, 2024, the City Manager brought forward an item to Note and File the List of Designated City Employees for the period of January 1, 2025 - December 31, 2025. This included the positions of City Manager, Deputy City Manager, Assistant to the City Manager, City Attorney, Chief Operating Officer, Assistant City Manager, Director of Community Development, Assistant City Clerk, Assistant Police Chief, Police Captain, Fire Chief, Chief Electric Utility Officer, Director of Finance, Director of Water & Sewer Utilities, Director of Information Technology, Director of Public Works, Director of Finance, Director of Human Resources, Director of Parks & Recreation, and City Librarian.
DISCUSSION
In an effort to maintain compliance with Santa Clara City Code. Section 2.145.020(e), the City Manager has designated the classifications set forth below as “Designated City Employees” pursuant to SCCC 2.145.020(e). This list has been expanded from the 2025 year to include the classifications of Director of Economic Development and Sustainability, City Auditor, and Director of Silicon Valley Power (formerly Chief Electric Utility Officer). The Mayor and Council are already included, as defined by City Official in section 2.145.020 (b) of the Santa Clara City Code.
List of Designated Classifications City Employees Covered Under City Code Section 2.145.020 (e)
City Manager Fire Chief
City Attorney Director of Human Resources
Chief Operating Officer Director of Information Technology Assistant City Manager City Librarian
Director of Community Development Director of Parks & Recreation Director of Public Works Assistant Police Chief
Director of Silicon Valley Power Director of Water & Sewer Utilities City of Santa Clara Page 2 of 4 Printed on 12/12/2025
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25-1718 Agenda Date: 12/16/2025
List of Designated Classifications City Employees Covered Under City Code Section 2.145.020 (e)
City Manager Fire Chief
City Attorney Director of Human Resources
Chief Operating Officer Director of Information Technology Assistant City Manager City Librarian
Director of Community Development Director of Parks & Recreation Director of Public Works Assistant Police Chief
Director of Silicon Valley Power Director of Water & Sewer Utilities Director of Finance Assistant City Clerk
Deputy City Manager Assistant to the City Manager
Director of Economic Development and
Sustainability
Police Captain
City Auditor
The list of Designated City Employees will be effective for the calendar period of January 1, 2026 - December 31, 2026.
The Administration will ensure that annual compliance is adhered to by bringing forward the Designated List of classifications that would be subject to Chapter 2.145.020 (e) annually, in December.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Establishing an annual list of classifications that would be subject to the post-employment restrictions, as outlined in City Charter, Chapter 2.145, does not have a cost to the City, except for associated staff time in preparation of the agenda materials.
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] <mailto:[email protected]>, or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and File the List of Designated City Employees who shall be subject to post-employment restrictions pursuant to Santa Clara City Code, Chapter 2.145 for the period of January 1, 2026 - December 31, 2026.
Reviewed by: Aracely Azevedo, Assistant City Manager
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25-1718 Agenda Date: 12/16/2025
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
25-1727 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2083 entitled “Ordinance of the City of Santa Clara, California, Regulating Certain Activities Within a Protected Area in Connection with Major Events and Related Activities in the City of Santa Clara” (Special Event Zone)
BACKGROUND
At the December 9, 2025, Council meeting, proposed Ordinance No. 2083 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2083 was published in the Santa Clara Weekly on December 10, 2025, and copies were posted in three public places.
DISCUSSION
The proposed ordinance establishes temporary regulations governing certain outdoor commercial activities within a designated Special Event Zone during major events at Levi’s® Stadium, including Super Bowl LX and FIFA World Cup 2026. The ordinance applies only within the Special Event Zone and only during the defined Special Event Time Periods, as adopted by the City Council.
The ordinance does not alter or replace existing federal, state, or local requirements; all other applicable regulations including those governing counterfeit goods, temporary uses, and special event permits remain in effect.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of a California Environmental Quality Act (“CEQA”) pursuant to the 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. Even if adoption of the Ordinance was considered to be a project under CEQA, it would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Ordinance would have a significant effect on environment given that it does not involve or authorize any construction or physical activity that could impact the environment.
FISCAL IMPACT
There is no General Fund impact anticipated beyond staff time to implement and enforce time-limited activations.
COORDINATION
This report and ordinance were coordinated with the City Manager’s Office, City Attorney’s Office, Police, Public Works, Community Development (Planning/Building/Code); Economic Development and Marketing; Communications; and the Stadium Authority.
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25-1727 Agenda Date: 12/16/2025
PUBLIC CONTACT
A summary of proposed Ordinance No. 2083 was published in the Santa Clara Weekly on December 10, 2025, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2083 entitled “Ordinance of the City of Santa Clara, California, Regulating Certain Activities Within a Protected Area in Connection with Major Events and Related Activities in the City of Santa Clara” (Special Event Zone).
Reviewed by: Elizabeth Klotz, Assistant City Manager
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2083 (Intro)
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Ordinance/Special Event Zone FIFA World Cup Page 1 of 11 Rev: 11/2025
ORDINANCE NO. 2083
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGULATING CERTAIN ACTIVITIES
WITHIN A PROTECTED AREA IN CONNECTION WITH
MAJOR EVENTS AND RELATED ACTIVITIES IN THE CITY
OF SANTA CLARA
WHEREAS, the City of Santa Clara (“City”) is home to Levi's® Stadium (“Stadium”) which opened in 2014 and regularly hosts football events, concerts, soccer matches, and other events (“Events”);
WHEREAS, some of the Events hosted at the Stadium attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of high-profile attendees, and increased commercial and community activity at and around the Stadium (“Special Events”);
WHEREAS, in 2026, the Stadium will host two Special Events, Super Bowl LX (and related events) in February 2026, and FIFA World Cup 2026 (and related events), from late May through early July 2026;
WHEREAS, in addition to the Stadium, the City also has within its jurisdiction various other public and private facilities, parking areas, access roads, thoroughfares and other areas which may be used for the purposes of staging and conducting activities related to the Special Events at the Stadium, including support of Special Event security, logistics, traffic management and other community or commercial activities associated with the Special Events;
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Ordinance/Special Event Zone FIFA World Cup Page 2 of 11 Rev: 11/2025
WHEREAS, the Special Events will require extensive event load-in and load-out operations, including temporary structures, hospitality installations, security screening areas, broadcast compounds, fencing, and wayfinding systems, all of which necessitate maintaining clear and predictable access routes for emergency services, credentialed personnel, and freight deliveries;
WHEREAS, the primary ingress and egress corridors serving the Stadium are essential for the safe movement of attendees, emergency vehicles, transit providers, rideshare operations, and Event support staff;
WHEREAS, the Stadium is supported by extensive surface parking areas, pedestrian walkways, shuttle zones, and transit connections that experience significant pedestrian volumes before and after Special Events, and temporary restrictions on unpermitted vending and commercial activity within these areas are necessary to safeguard pedestrian travel and protect adjacent residential neighborhoods from spillover impacts; WHEREAS, event and hospitality facilities adjacent to the Stadium, including the Santa Clara Convention Center, California’s Great America theme park, and nearby hotels are expected to host Special Event related activities such as credentialing operations, media production, hospitality functions, fan activations, and community programming, creating additional demand for coordinated public safety, mobility management, and regulation of outdoor commercial activity;
WHEREAS, the Santa Clara City Code already prescribes regulations and restrictions to ensure smooth operations of Events at the Stadium, including local permit requirements and regulations for soliciting and peddling, signs, temporary short-term activities, and parades, races and block events;
Ordinance/Special Event Zone FIFA World Cup Page 3 of 11 Rev: 11/2025
WHEREAS, given increased security risks, increased number of people visiting the City to attend or participate in, and the large scale nature of Special Events, and related activities, the City has determined that it is within the public interest to adopt certain additional and temporary regulations (“Special Event Regulations”) to mitigate and manage these risks consistent with City’s interest in preserving the public’s health, safety and welfare;
WHEREAS, the City’s specific purposes for adopting the Special Event Regulations include: (1) promoting and protecting public health, safety, and welfare in and around the Stadium and other areas within the City impacted by Special Events; (2) exercising responsible public stewardship by managing Special Events to maximize economic benefits to the community, while protecting the public interest; (3) promoting and protecting good order and aesthetic qualities in and around the Stadium during Special Events and minimizing commercial blight; and (4) managing congestion and pedestrian and vehicular traffic flow within a specifically defined area around the Stadium (“Special Event Zone”) that would otherwise impede the free and safe flow of traffic, presenting safety and security risks, by hindering security operations and interfering with emergency vehicle access;
WHEREAS, the Special Event Zone boundaries will be specific to each Special Event, and will generally align with the autonomous vehicle geofenced rideshare map, underscoring the need to preserve adequate traffic flow, avoid congestion, and maintain safe and orderly transportation operations during Special Events; //
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Ordinance/Special Event Zone FIFA World Cup Page 4 of 11 Rev: 11/2025
WHEREAS, establishing the Special Event Zone in advance of Special Events will allow the City to implement predictable and transparent regulations, coordinate enforcement, and maintain safe and efficient event operations from early event preparation through post-event crowd dispersal;
WHEREAS, certain Special Event Regulations regulate sidewalk vendors and those regulations are directly related to the health, safety, and welfare concerns identified in Santa Clara City Code section 5.05.440 which exist upon the sidewalks and other pedestrian paths within the Special Event Zone;
WHEREAS, in order to tailor the application of the Special Event Regulations to the time periods and the specific geographic areas where the public health, safety and welfare concerns are expected to arise, the Special Event Regulations will only apply, during the time periods designated for each Special Event and only within the Special Event Zone designated for each Special Event;
WHEREAS, these designated time periods are intended to encompass not only the days on which the Special Events occur, but also the necessary lead-up and operational phases including load-in, construction of temporary facilities, credentialing, security screening, and crowd-management preparations during which health, safety and welfare impacts similarly exist;
WHEREAS, maintaining these regulations continuously throughout the full preparation, event, and dispersal periods, rather than intermittently turning them on and off, is essential to ensuring consistent application, effective enforcement, operational clarity for the public and stakeholders, and the uninterrupted protection of public safety and orderly event operations; and
Ordinance/Special Event Zone FIFA World Cup Page 5 of 11 Rev: 11/2025
WHEREAS, based on the foregoing, the City has a substantial interest in adopting the Special Event Regulations set forth in this Ordinance, which shall be effective only during the specified dates and times applicable to Special Events and within the Special Event Zone designated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted by the City Council as a part of this Ordinance.
SECTION 2: Definitions. For purposes of this Ordinance the following terms shall have the meanings ascribed thereto:
a. “Special Event” shall mean (1) Super Bowl LX, (2) FIFA World Cup 2026, or (3) any similar event held at the Stadium, expected to attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of high-profile attendees, and increased commercial and community activity at and around the Stadium that is designated as a “Special Event” by resolution adopted by the City Council.
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Ordinance/Special Event Zone FIFA World Cup Page 6 of 11 Rev: 11/2025
b. “Special Event Time Period” shall mean the time period leading up to and after a Special Event during which Special Event Regulations shall be in effect. For Super Bowl LX the Special Event Time Period shall commence on February 1, 2026, at 8:00 a.m. and shall expire on February 10, 2026 at 10:00 p.m. Other Special Event Time Periods, including FIFA World Cup 2026, shall be designated by the City Council by Resolution.
c. “Special Event Zone” shall mean with respect to Super Bowl LX that certain area surrounding the Stadium expected to be impacted by the conduct of such events and any related activities thereby necessitating the imposition of the Special Event Zone Regulations as more particularly shown on the map and description attached hereto as Exhibit "A" including all publicly owned property, public rights of way and private property located therein. Other Special Event Zones, including for FIFA World Cup 2026 shall be designated by the City Council by Resolution.
SECTION 3: Special Event Zone Regulations. With respect to each Special Event designated in accordance with the terms of this Ordinance, the following regulations shall apply for the duration of the Special Event Time Period and within the Special Event Zone designated for such Special Event.
a. Pause on Existing Permits within Special Event Zone. All permits issued pursuant to Chapter 5.05 of the Santa Clara City Code for approved locations within the Special Event Zone shall be paused. If any such permit holder peddles at alternative approved locations designated in the permit, the permit shall only be paused in part, as applied to the approved location within the Special Event Zone, and shall remain in full force and effect as applied to the alternative approved location.
Ordinance/Special Event Zone FIFA World Cup Page 7 of 11 Rev: 11/2025
b. Prohibition on Outdoor Sales of Food and Beverage. The outdoor sale of any food or beverages to the public visible from any public street, sidewalk or public rights of way shall be prohibited, including alcoholic beverages, except food or beverages sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy, Conditional Use Permit or other permit authorized by the Santa Clara City Code.
c. Prohibition on Outdoor Sales of Merchandise. The outdoor sale or distribution of merchandise (used in its broadest sense and including commercial property or transaction(s) of every kind) to the public visible from any public street, sidewalk or public right of way shall be prohibited, except merchandise sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy, Conditional Use Permit or other permit authorized by the Santa Clara City Code.
d. Prohibition on Mobile Unit Commercial Vending. Commercial vending from any "mobile unit," which includes any vehicle, truck, trailer, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, whether or not required to have a license to operate issued by the California Department of Motor Vehicles, is prohibited.
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Ordinance/Special Event Zone FIFA World Cup Page 8 of 11 Rev: 11/2025
e. Prohibition on Distribution of Free Products. The distribution or provision of free products, commercial services or coupons (otherwise referred to as sampling) and other promotional giveaways on public streets, sidewalks or rights of way or outside an enclosed building is prohibited. This prohibition does not apply to distribution of coupons outside of an enclosed building, and wholly occurring within private property, where the distributions provides direct support for the business operating within the enclosed building upon which the property is located. f. Prohibition on Mobile Advertising Displays. Mobile advertising (including, but not limited to signs on or attached to a “mobile unit” portable device or person) is prohibited. Notwithstanding the foregoing, buses, taxicabs, and other delivery vehicles that display advertising as a secondary use of the vehicle in the ordinary course of business, may travel within the Event Zone to pick up and drop off passengers and goods.
g. Permits for Temporary Structures. No temporary structure shall be constructed, placed, occupied or used (including, but not limited to, temporary location of tents, canopies, umbrellas and air supported, air-inflated and tensioned membranes) on non-residential property unless it is approved as an associated use with a Temporary Use Permit issued by the City pursuant to Santa Clara City Code Chapter 18.122.
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Ordinance/Special Event Zone FIFA World Cup Page 9 of 11 Rev: 11/2025
SECTION 4: Compliance with Existing Federal, State and Local Laws. Nothing in this Ordinance modifies requirements to comply with existing federal, state, and local laws. This includes but not limited to requirements to comply with state and federal laws related to sale or distribution of counterfeit merchandise. It also does not change requirements to comply with the City’s local regulations, including but not limited to requirements to obtain permits for activities when required by the Santa Clara City Code.
SECTION 5: Violations and Penalties.
a. Mobile Unit Commercial Vending Violations. Violations of the “Prohibition on Mobile Unit Commercial Vending” provision within the public right-of-way or in a park owned and operated by the City, are punishable by the administrative remedies authorized in Santa Clara City Code Chapter 5.05.
b. Administrative Remedies. Except as otherwise prohibited by state law, violations of any other provision of this ordinance by any person, firm, corporation, agent or employee thereof may be prosecuted as an administrative citation as set forth in Santa Clara City Code Chapter 1.10. Each day that a violation is permitted to exist shall constitute a separate offense.
c. Other Enforcement Options. In addition to any other remedies herein, this ordinance may be enforced by an injunction issued by the Superior Court upon any suit by the City. If any activity that constitutes a violation of this ordinance also constitutes a violation of any state, federal, local, or common law, this ordinance shall not be the exclusive remedy and shall not be deemed to abrogate any other rights and remedies that may exist under law.
Ordinance/Special Event Zone FIFA World Cup Page 10 of 11 Rev: 11/2025
SECTION 6: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the ordinance. The City Council declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 7: No Impact on Existing Prosecutions/Fees. The changes provided for in this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 8: CEQA. Adoption of this Ordinance is not a “project” as defined by CEQA pursuant to CEQA Guidelines section 15378 because it does not have any potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and it involves only organizational and administrative activities of the City; it does not involve or otherwise authorize any construction or physical activity that could impact the environment. Even if adoption of the Ordinance was considered to be a project under CEQA, it would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Ordinance would have a significant effect on environment given that it does not involve or authorize any construction or physical activity that could impact the environment.
SECTION 9: Ordinance not codified. This Ordinance shall not be codified in the Santa Clara City Code.
SECTION 10: Effective date. This Ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California."
PASSED FOR THE PURPOSE OF PUBLICATION this 9TH day of DECEMBER, 2025, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Cox, Gonzalez, Hardy, Jain, and
Park, and Mayor Gillmor
None
None
None
ATTEST:
~ ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Exhibit A - Special Event Zone for Super Bowl LX
Ordinance/Special Event Zone FIFA World Cup
Rev: 11 /2025
Ordinance/Special Event Zone FIFA World Cup Page 1 of 1 Rev: 11/2025
EXHIBIT A
Special Event Zone for Super Bowl LX
N
A
0 0.25
Exhibit A (MAP B)
Special Event Zone
for Super Bowl LX and FIFA World Cup 2026
0.5 !Miles
Legend
- Special Event Zone !!l mntR.i. Sha<e
- Streets
- ltig!w,ays
- Light Rai Trad<s
@ Levi's Stadium
• Light Rai Stations
• VTA Bus Stops
- \V.-boclies
Event Spaces
Event l>aricing lots
El Hotels
Creat ed by the CSC IT-GIS Team
Last Updated on 11/ 12/2025
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1655 Agenda Date: 12/16/2025
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Stadium Authority Bills and Claims for the Month of October 2025
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 October 2025. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
At its March 11, 2025 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2025-26 Operating, Debt Service, and Capital Budget which runs from April 1, 2025 to March 31, 2026. Significant expenditures (greater than $5,000) paid in October 2025 include:
· Payment totaling $87,568.00 to BNO Builders for CapEx Project: Site - Concrete Replacements
· Payments totaling $360,850.69 to the City of Santa Clara for the following:
o $335,755.39 for reimbursement of General and Administrative (G&A) City payroll costs (e.g., Executive Director’s Office (City Manager’s Office), Stadium Authority Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $3,196.51 for reimbursement of G&A non-payroll costs (e.g., City-wide records retention project and office expenses)
o $16,957.83 for reimbursement of CapEx costs for the Kawasaki ATV and Network Equipment projects
o $4,940.96 for reimbursement of Stadium Authority Special Liability Claims related to Levi’s Stadium
· Payments totaling $1,388,438.75 to Forty Niners Stadium Management Company, LLC for the following:
o $1,387,840.37 for October 2025 Stadium Manager Expenses, inclusive of Shared Stadium Expenses
o $598.38 for reimbursement of CapEx costs for the Broadcast Booth Window System Replacement and Radio Booth Cabling projects the Stadium Manager paid on behalf of the Stadium Authority
· Payment totaling $9,374.00 for Legal Services (August and September 2025) · Payment totaling $28,178.75 to Hellmuth, Obata & Kassabaum, Inc. for CapEx Project:
Electrical - LED Retrofit Phase 1
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25-1655 Agenda Date: 12/16/2025
· Payment totaling $5,344.70 to InTWO, Inc for Financial Management System Monthly Services (September 2025)
· Payment totaling $53,680.00 to KPMG LLP for Audit Services · Payment totaling $20,520.00 to O.C. McDonald Co Inc. for CapEx Project: Plumbing - Boilers · Payment totaling $4,620,456.23 to Stadium Funding Trust for Term A Loan Payment - Interest 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 attorneyclient 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 $6,579,503.03.
COORDINATION
This report has been coordinated with the Executive Director and Stadium Authority Counsel’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for October 2025.
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. October 2025 SCSA Bills and Claims
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Payment Date Vendor Invoice No. Description Fund Amount 10/31/25 BNO Builders 5979 CapEx Project: Site - Concrete Replacements CapEx $ 69,480.00 10/31/25 BNO Builders 5982 CapEx Project: Site - Concrete Replacements CapEx 19,068.00 10/31/25 BNO Builders CR149786 CapEx Project: Site - Concrete Replacements CapEx (980.00) $ 87,568.00
10/29/25 Brailsford & Dunlavey Inc 167810625.9F CapEx Project: General Building - Project Construction Management Firm CapEx 587.50 10/06/25 Canyon Oaks 0062 August Stadium Market Research Operating 4,500.00 10/07/25 City of Santa Clara N/A B2518 SCSA Admin Payroll Costs Operating 103,680.08 10/24/25 City of Santa Clara N/A B2519 - B2521 SCSA Admin Payroll Costs Operating 232,075.31 10/24/25 City of Santa Clara N/A Reimbursement for General & Administrative Costs Operating 3,196.51 10/24/25 City of Santa Clara N/A Reimbursement of CapEx Costs CapEx 16,957.83 10/29/25 City of Santa Clara 97408 Reimbursement of Stadium Authority Special Liability Claims related to Levi's Stadium Operating 4,940.96 360,850.69
10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Security Operating 158,745.11 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Stadium Ops Operating 290,755.80 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Engineering Operating 312,647.68 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Guest Services Operating 40,468.80 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Groundskeeping Operating 45,818.63 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - SBL Sales & Service Operating 193,628.47 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Stadium Builder License Buffet Operating 185,400.00 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - Insurance Operating 89,287.11 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - StadCo Tenant Improvements Operating 7,466.21 10/01/25 Forty Niners Stadium Management Co, LLC S-INV102277 October 2025 Stadium Manager Expenses - General & Administrative Operating 63,622.56 10/06/25 Forty Niners Stadium Management Co, LLC 08312025SCSA-CPX Reimbursement of CapEx Costs CapEx 598.38 1,388,438.75
10/06/25 Hanson Bridgett LLP 1534469 Legal Services (August 2025) Operating 7,692.00 10/06/25 Hanson Bridgett LLP 1534470 Legal Services (August 2025) Operating 252.00 10/06/25 Wilke Fleury LLP 188081 Legal Services (August 2025) Operating 1,265.00 10/24/25 Wilke Fleury LLP 188702 Legal Services (September 2025) Operating 165.00 9,374.00
10/29/25 Hellmuth, Obata & Kassabaum, Inc. 21.04091.30-3 CapEx Project: Electrical - LED Retrofit Phase 1 CapEx 24,313.75 10/29/25 Hellmuth, Obata & Kassabaum, Inc. 21.04091.30-4 CapEx Project: Electrical - LED Retrofit Phase 1 CapEx 1,870.00 10/29/25 Hellmuth, Obata & Kassabaum, Inc. 21.04091.30-5 CapEx Project: Electrical - LED Retrofit Phase 1 CapEx 1,995.00 28,178.75
10/30/25 InTWO, Inc. 46613-US Financial Management System Monthly Services (September 2025) Operating 4,974.90 10/30/25 InTWO, Inc. 46614-US COR Financial Management System Monthly Services (September 2025) Operating 369.80 5,344.70
10/15/25 JPMorgan Chase Bank, N.A. N/A Bank Fees Operating 4.41 10/06/25 KPMG LLP 8006294107 SCSA Audit Services Operating 10,000.00 10/29/25 KPMG LLP 8006337495 SCSA Audit Services Operating 43,680.00 53,680.00
10/29/25 O.C. McDonald Co Inc Application 9 CapEx Project: Plumbing - Boilers CapEx 10,260.00 10/29/25 O.C. McDonald Co Inc Application 10 CapEx Project: Plumbing - Boilers CapEx 10,260.00 20,520.00
10/01/25 Stadium Funding Trust N/A Term A Loan Payment - Interest Debt Service 4,620,456.23 October 2025 Total $ 6,579,503.03
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of October 2025
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1613 Agenda Date: 12/16/2025
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending September 30, 2025
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”).
This report provides information covering the Stadium Authority’s second quarter of the 2025/26 fiscal year (“FY”), which runs from July 1, 2025 - September 30, 2025.
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.
DISCUSSION
The attached financial status report provides information covering the Stadium Authority’s second quarter (July 1, 2025 - September 30, 2025) of FY 2025/26. 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.
NFL Event Revenue and Expenses
There were four NFL games held in the second quarter of FY 2025/26. Levi’s® Stadium hosted two pre-season NFL games of the 2025 season on August 9th and 23rd and two regular NFL season games of the 2025 season on September 21st and 28th which are detailed in the report. This resulted in $5.4 million in NFL ticket surcharge for the Stadium Authority and $109,000 of Senior and Youth Program Fees for the City. Public safety costs for NFL games totaled an estimated $2.4 million which will be fully reimbursed to the City by a combination of payments from ManCo and offsite parking fees that were collected.
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Non-NFL Event Revenue and Expenses
There were eight ticketed Non-NFL events and 20 special events which are detailed in the report.
The eight ticketed Non-NFL events generated an average net revenue of $703,000 per event. Table 1 below summarizes revenues and expenditures for the eight ticketed events.
Table 1
$ In Millions
Ticketed Event Revenue Expense Net
Concert 1 $ 3.5 $ 2.4 $ 1.1
Concert 2 3.6 2.6 1.0
Sporting Event 1 1.6 0.7 0.9
Concert 3 2.3 1.6 0.7
Concert 4 2.3 1.5 0.8
Concert 5 2.1 1.5 0.6
Concert 6 1.9 1.4 0.5
Sporting Event 2 0.7 0.7 -
Total Ticketed Non-NFL Net Revenue to Date $ 18.0 $ 12.4 $ 5.6 Levi's® Stadium
Ticketed Non-NFL Events Revenue and Expenditure Summary As of September 30, 2025
The Non-NFL event ticket sales generated $1.8 million in base ticket surcharge revenue from the $4 per ticket base surcharge for this period. One half of the base Non-NFL ticket surcharge was deposited into the discretionary fund in accordance with Section 12.1 of the Stadium Lease, with the remaining half being accounted for as general Stadium revenues. As part of the Buffet and Public Safety Cost Settlement Agreement, the Non-NFL Ticket Surcharge was increased to a minimum of $8 per ticket. Proceeds collected in excess of the $4 base Non-NFL ticket surcharge generated $2.6 million in additional Non-NFL ticket surcharge and was deposited in the public safety cost reserve.
Public safety costs for these events totaled an estimated $4.6 million. The City will be fully reimbursed by a combination of payments from ManCo on behalf of the Stadium Authority and offsite parking fees that were collected.
When combining ticketed and non-ticketed Non-NFL revenues to date, Table 2 below shows approximately $5.6 million in net revenue (excluding surcharge revenue) through the end of the second quarter. This is a decrease of $1.8 million from the prior year’s Non-NFL event net revenue of $7.5 million for the quarter. It should be noted the financial information provided are preliminary numbers and subject to change as additional revenues and/or expenditures are recorded.
Table 2
Levi’s Stadium
Net Revenue for Non-NFL Events
by Event Type
Historical Year-to-Date Through September 30, 2025
EVENT TYPE
No. of
Events Net Revenue
No. of
Events Net Revenue
No. of
Events Net Revenue
Ticketed Events
Concerts 5 $ 4,267,153 3 $ 4,074,498 6 $ 4,729,713
Sporting events:
Soccer 3 305067 5 3392260 2 895394
2023/24 2024/25 2025/26
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25-1613 Agenda Date: 12/16/2025
EVENT TYPE
No. of
Events Net Revenue
No. of
Events Net Revenue
No. of
Events Net Revenue
Ticketed Events
Concerts 5 $ 4,267,153 3 $ 4,074,498 6 $ 4,729,713
Sporting events:
Soccer 3 305,067 5 3,392,260 2 895,394
Net Revenue from Ticketed Events 8 4,572,220 $ 8 7,466,758 $ 8 5,625,107 $ 25 903,221 $ 30 1,198,148 $ 20 444,832 $
Other Operating Income(1) $ 1,271,700 $ 1,029,491 $ 957,254 Other Operating Expenses(2) $ (681,705) $ (1,188,951) $ (911,493) Total Non-NFL Net Revenue (3) 33 6,065,436 $ 38 8,505,446 $ 28 6,115,700 $ 2023/24 2024/25 2025/26
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.
Stadium Builder Licenses (“SBLs”)
SBLs account for 7.8% of the Stadium Authority’s annual budgeted revenue in FY 2025/26. There is a total of 67,286 currently active SBLs. Through the second quarter, since inception, the value of the active SBLs amount to $560.1 million of which $535.5 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 $31.7 million representing 48% of the overall budget for revenues and total operating expenses were $12.1 million or 32% of the budget. The debt service fund was able to pay down $8.8 million in debt, bringing total Stadium Authority debt down to $210.8 million. Capital expenses were $7.2 million representing 33% of the overall CIP budget.
FY 2025/26 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 11, 2025, the Stadium Authority Board adopted the Santa Clara Stadium Authority FY 2025/26 Operating, Debt Service, and Capital Budget. As of the timing of the publication of this report, additional information from FY 2025/26 has resulted in recommended budget adjustments as follows:
Operating Budget:
1) Non-NFL Event Ticket Surcharge: The number of tickets sold to the Non-NFL events were higher than anticipated resulting in higher Non-NFL event ticket surcharge. Portions of the additional ticket surcharge revenue of $930,000 will be transferred to the discretionary fund reserve and the public safety cost reserve with the remaining amount being used for operations and ultimately flowing through the excess revenue waterfall to pay down the Public Safety Costs (PSC) 2024 Outstanding Balance, Transfer to the City’s General Fund, and Transfer to the Renovation/Demolition Reserve.
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2) FY 2024/25 Stadium Authority General and Administrative (“G&A”) Budget Savings: The prior year Stadium Authority G&A expenses were under budget by $1.1 million. After the close of the fiscal year, those monies are then available from the Unrestricted Fund Balance for stadium operations which ultimately will flow through the excess revenue waterfall to pay down the PSC 2024 Outstanding Balance, Transfer to the City’s General Fund, and Transfer to the Renovation/Demolition Reserve.
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
The Stadium Authority FY 2025/26 budget appropriation is maintained at the fund level. At the end of the second quarter of FY 2024/25, spend has been within budget.
From time to time, adjustments to the budget are required to reflect new information and align budgets with actual revenues and expenses. Attachment 2 includes adjustments in the FY 2025/26 Operating Budget to adjust for additional Non-NFL event ticket surcharge revenue as well as prior year Stadium Authority G&A budget savings. The attachment reflects these budget adjustments.
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 in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2025; and
2. Approve the FY 2025/26 Budget Amendments in the Operating Budget in the amount of $930,000 to reflect increases in projected revenues and expenses.
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. SCSA Financial Status Report for the Quarter Ending September 30, 2025
2. FY 2025/26 Budget Amendments
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SCSA
Santa Clara StadiumAuthority
SANTA CLARA
STADIUM AUTHORITY
FINANCIAL STATUS REPORT
Quarter Ending September 30, 2025
December 16, 2025
'==: WELCOME TO ==a LEVI ' S® STADIUM
,_
Table of Contents
Introduction.................................................................................................................................2 NFL Events .................................................................................................................................3 Non-NFL Events .........................................................................................................................6 Discretionary Fund.................................................................................................................... 11 Public Safety Cost Reserve....................................................................................................... 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.............................................................................................................. 18 Capital Expense (Cap Ex) Budget ......................................................................................... 21 City of Santa Clara Net General Fund Impact ........................................................................... 23 Public Safety and Administrative Cost Reimbursement ......................................................... 23 Rents and Senior and Youth Fee........................................................................................... 24 Other Revenue Impacts......................................................................................................... 24 Glossary.................................................................................................................................... 25 Appendix................................................................................................................................... 30 1 Introduction
This Santa Clara Stadium Authority (“Stadium Authority”) Financial Status Report provides information covering the second quarter of the Stadium Authority’s 2025/26 fiscal year (FY) which ended on September 30, 2025. Comparative data from prior fiscal years is also included.
In addition to these quarterly reports, the Stadium Authority produces annual financial statements. The FY 2024/25 financial statements were audited by an external audit firm and presented to the Stadium Authority’s Audit Committee (Audit Committee) on September 22, 2025 and submitted to the Stadium Authority Board (Board) to note and file the financial statements on October 21, 2025. The financial statements are published on the Stadium Authority’s website.
The Stadium Authority also prepares a detailed budget prior to the beginning of each fiscal year. The FY 2025/26 budget was adopted by the Board on March 11, 2025.
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.
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 relating 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 Financial Management System and event reports received for Non-NFL events. These reports are received 45 days after each event 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. 2 NFL Events
This section provides year to date and comparative data for NFL games categorized as pre-season and regular season games.
The San Francisco Forty-Niners (49ers) played a total of four NFL games (two pre-season games and two regular season games) at Levi’s® Stadium through quarter ending September 30, 2025. There was a total of 271,813 tickets sold to these NFL games, an average of 67,953 per game. This is down by 1,486 or 2% when compared to the same period in the prior fiscal year. The ticket sales resulted in $5.4 million in NFL ticket surcharge revenue (10% of ticket sales) to the Stadium Authority. The average NFL ticket surcharge revenue was $1.3 million per game in the current year which is up by $331,000 or 33% from the same period in the prior fiscal year. A total of $109,000 of Senior and Youth Program Fees, which is based on $0.40 per NFL ticket sold, were collected through the end of the second quarter of the fiscal year. These fees were transferred to the City’s General Fund in support of such programs.
A total of 28,509 cars were parked in the permitted offsite parking lots generating $198,000 in offsite parking fees derived from the $6.94 per parking space for all NFL events. The Tasman parking lot had a total of 1,183 parked cars and generated an additional $6,000 for the General Fund through the end of the second quarter of the fiscal year. The overall average number of cars parked per game in the permitted offsite lots and the Tasman lots went down by 460 or 6% when compared to the prior fiscal year.
There was $2.4 million of NFL event public safety costs in the current reporting period which is an average of $612,000 per game. This is an increase from the prior year average (through September 30, 2024) of $111,000. Of the $2.4 million NFL event public safety costs, $1.8 million or 75% are direct City costs, $376,000 or 15% are outside agency costs and $231,000 are other miscellaneous public safety costs. Of these costs, $198,000 were covered by the offsite parking fee. The remaining $2.3 million was invoiced to the Stadium Manager.
Statistics for the NFL games held at Levi’s® Stadium in the first two quarters of the 2025/26 fiscal year are shown in Table 1 and comparative data from the last five years of operations can be found in Table 2. Additional historical data can be found in the Appendix.
3 Table 1
Levi's® Stadium
2025/26 NFL Event Statistics
As of September 30, 2025
Game 1 vs
Broncos
Game 2 vs
Chargers
Game 3 vs
Cardinals
Game 4 vs
Jaguars 2025/26
08/09/25 08/23/25 09/21/25 09/28/25 YTD Total
No. of Tickets Sold 66,706 67,638 68,680 68,789 271,813 NFL Ticket Surcharge $ 1,076,207 $ 1,084,643 $ 1,605,907 $ 1,603,214 $ 5,369,971 Senior/Youth Program Fees $ 26,682 $ 27,055 $ 27,472 $ 27,516 $ 108,725 Cars Parked at Offsite Lots 5,971 6,450 7,983 8,105 28,509 City Offsite Parking Fee $ 41,439 $ 44,763 $ 55,402 $ 56,249 $ 197,852 Cars Parked on Tasman Lots 223 331 241 388 1,183
City Tasman Lot Parking Fee $ 1,115 $ 1,655 $ 1,205 $ 1,940 $ 5,915 Stadium Public Safety Costs $ 598,064 $ 617,904 $ 635,023 $ 598,414 $ 2,449,405 Less: Offsite Parking Fee Credit $ (41,439) $ (44,763) $ (55,402) $ (56,249) $ (197,852) Reimbursable Stadium Public Safety Costs $ 556,626 $ 573,141 $ 579,621 $ 542,165 $ 2,251,552 Amount Reimbursed $ 539,814 $ 560,550 $ - $ - $ 1,100,365 4 Table 2
Levi's® Stadium
Historical NFL Event Statistics
2021/22 Q2 2022/23 Q2 2023/24 Q2 2024/25 Q2 2025/26 Q2
Total Total Total Total Total
No. of NFL Events 3 2 3 3 4
No. of Tickets Sold 199,451 136,506 198,037 208,318 271,813 NFL Ticket Surcharge $ 2,651,401 $ 1,540,422 $ 2,695,077 $ 3,034,147 $ 5,369,971 Senior/Youth Program Fees $ 69,807 $ 47,777 $ 69,313 $ 72,911 $ 108,725 Cars Parked at Offsite Lots 21,678 11,703 17,847 23,649 28,509 City Offsite Parking Fee $ 128,117 $ 71,739 $ 114,935 $ 158,685 $ 197,852 Cars Parked on Tasman Lots 1,180 - - - 1,183
Cars Parked on Golf Course - - - - -
City Tasman Lot and Golf Course Parking Fee $ 5,900 $ - $ - $ - $ 5,915 Stadium Public Safety Costs $ 1,855,191 $ 870,925 $ 1,422,677 $ 1,504,992 $ 2,449,405 Golf Course Public Safety Costs $ - $ - $ - $ - $ -
Subtotal Event Public Safety Costs $ 1,855,191 $ 870,925 $ 1,422,677 $ 1,504,992 $ 2,449,405 Less: Offsite Parking Fee Credit $ (128,117) $ (71,739) $ (114,935) $ (158,685) $ (197,852) Reimbursable Stadium Public Safety Costs $ 1,727,074 $ 799,185 $ 1,307,742 $ 1,346,307 $ 2,251,552 5 Non-NFL Events
This section provides year to date and comparative data for Non-NFL events categorized as events ranging from high school and college football games, international soccer matches, concerts, wedding fairs, and special events. During the current reporting period, there were a total of 445,016 tickets sold for the eight ticketed Non-NFL events that were held, resulting in $1.8 million Non-NFL event base ticket surcharge revenue (from the $4 per ticket base surcharge for Non-NFL events) and $2.6 million in additional ticket surcharge revenue, derived from the additional proceeds exceeding the $4 per ticket base surcharge. This is an increase in base ticket surcharge revenue of $386,000 or 27.7% over the same period in the prior year due to larger scale Non-NFL events taking place in the current period. It is also the first year that additional surcharge revenue has been collected.
Stadium Manager reports that there were also 20 smaller special events held at Levi’s® Stadium which is 10 events less than the same period of the prior fiscal year. The attendance at these events also decreased from 15,565 in the prior period to 4,521 in the current year, a 71% decrease. Examples of these special events include corporate events of various sizes, weddings, holiday parties, high school dances, etc.
In correlation with the Non-NFL events held during the current reporting period, there were 42,870 cars parked at offsite lots and the City earned a total of $295,000 in related offsite parking fees, which is derived from the $6.71 per parking space fee for events taking place prior to July 2025 and $6.94 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 $4.6 million, an increase of $1.5 million from the prior year. As noted previously, this increase in cost is due to larger scale events being held in the current year when compared to the prior year. Of these costs, $295,000 was covered by the offsite parking fee. The remaining $4.3 million was invoiced to the Stadium Manager of which $2.3 million has been reimbursed to the City.
Statistics for FY 2025/26 events are shown in Table 3 and comparative data from the last five years of operations are shown in Table 4.
6 Table 3
Levi's® Stadium
FY 2024/25 Non-NFL Event Statistics
As of September 30, 2025
No. of Scanned Attendees
No. of Tickets Sold
Non-NFL Base Ticket Surcharge
Non-NFL Additonal Ticket Surcharge
Total Ticket Surcharge
No. of Non-NFL Special Events
Non-NFL Special Event Attendees
Cars Parked at Offsite Lots
City Offsite Parking Fee
Stadium Public Safety Costs
Less: Offsite Parking Fee Credit
Reimbursable Public Safety Costs
Amount Reimbursed
$
$
Concert 1
Day 1
06/20/25
55,157
56,460
225,840
338,760
$
$
Concert 1
Day 2
06/22/25
55,828
56,703
226,812
340,218
Soccer Match 1
07/02/25
64,857
65,348
$ 261,392
$ 392,088
$
$
Concert 2
Day 1
07/08/25
47,125
48,046
192,184
288,276
$
$
Concert 2
Day 2
07/09/25
51,288
51,375
205,500
308,250
$
$
Concert 3
Day 1
08/01/25
58,172
59,012
236,048
354,072
$
$
Concert 3
Day 2
08/02/25
61,083
61,205
244,820
367,230
Soccer Match 2
09/13/25
44,451
46,867
$ 187,468
$ 187,468
$ 564,600 $ 567,030 $ 653,480 $ 480,460 $ 513,750 $ 590,120 $ 612,050 $ 374,936 $
$
$
4,628
31,054
635,256
(31,054)
$
$
$
5,501
36,912
609,095
(36,912)
6,457
$ 44,812
$ 614,884
$ (44,812)
$
$
$
5,002
34,714
528,133
(34,714)
$
$
$
4,611
32,000
517,962
(32,000)
$
$
$
5,450
37,823
624,908
(37,823)
$
$
$
6,809
47,254
617,488
(47,254)
4,412
$ 30,619
$ 456,654
$ (30,619)
$ 604,202 $ 572,184 $ 570,072 $ 493,419 $ 485,962 $ 587,085 $ 570,234 $ 426,035 $ 577,967 $ 465,050 $ 467,412 $ 411,374 $ 396,573 $ - $ - $ - 7 Table 4
Levi's® Stadium
Historical Non-NFL Event Statistics
2021/22 Q2 2022/23 Q2 2023/24 Q2 2024/25 Q2 2025/26 Q2
Total Total Total Total Total
No. of Non-NFL Ticketed Events - 5 8 8 8
No. of Tickets Sold - 237,386 397,856 348,480 445,016
Non-NFL Base Ticket Surcharge $ - $ 954,848 $ 1,591,424 $ 1,393,920 $ 1,780,064 Non-NFL Additonal Ticket Surcharge (1) $ - $ - $ - $ - $ 2,576,362 Total Ticket Surcharge $ - $ 954,848 $ 1,591,424 $ 1,393,920 $ 4,356,426 No. of Non-NFL Special Events - 31 25 30 20
Non-NFL Special Event Attendees - 14,775 14,546 15,656 4,521 Cars Parked at Offsite Lots - 20,388 38,716 37,341 42,870 City Offsite Parking Fee $ - $ 123,732 $ 247,937 $ 246,495 $ 295,188 Stadium Public Safety Costs $ - $2,014,823 $ 3,205,398 $ 3,057,207 $ 4,604,380 Less: Offsite Parking Fee Credit $ - $ (143,133) $ (247,937) $ (246,495) $ (295,188) Reimbursable Public Safety Costs $ - $ 1,871,690 $ 2,957,461 $ 2,810,712 $ 4,309,192 (1) The First Amendment to Amended and Restated Lease Agreement increased the ticket surcharge to a minimum of $8 per ticket starting in FY 2025/26. The surcharge exceeding the $4 per ticket base is shown in the table as additional ticket surcharge.
Table 5 summarizes ticketed Non-NFL revenues and expenditures by event. There were 8 ticketed Non-NFL events held in FY 2025/26 and generated an average net revenue of $703,000 per event. The inclusion of this information is to provide a greater level of transparency and provide the overall financial results of the Non-NFL events.
Table 5
Levi's® Stadium
Ticketed Non-NFL Events Revenue and Expenditure Summary As of September 30, 2025
$ In Millions
Ticketed Event Revenue Expense Net
Concert 1 $ 3.5 $ 2.4 $ 1.1
Concert 2 3.6 2.6 1.0
Sporting Event 1 1.6 0.7 0.9
Concert 3 2.3 1.6 0.7
Concert 4 2.3 1.5 0.8
Concert 5 2.1 1.5 0.6
Concert 6 1.9 1.4 0.5
Sporting Event 2 0.7 0.7 -
Total Ticketed Non-NFL Net Revenue to Date $ 18.0 $ 12.4 $ 5.6 Table 6 and 7 show Non-NFL net revenue by event type and event revenue and expenses 8 by category. For FY 2025/26, the Stadium Manager had projected Non-NFL events to result in estimated net revenues of $5.3 million, as cited in the FY 2025/26 Adopted Stadium Authority Budget. In the second quarter of FY 2025/26, ticketed events and nonticketed special events contributed $5.6 million and $445,000 in net revenues, respectively. There was also additional interest income of $957,000 earned on Non-NFL events cash reserves offset by $911,000 of non-event specific other expenses.
Stadium Manager reported a net revenue of $6.1 million for the current reporting period.
This is decrease of $2.4 million from the prior year’s Non-NFL event net revenue of $8.5 million. The main driver for the decrease in net revenue from ticketed events is the reallocation of additional ticket surcharge previously reported to Non-NFL event revenue and now allocated to the Public Safety Cost Reserve. The other factor affecting NonNFL event net revenue is related to the special events. As noted above, there were 10 fewer special events in the current reporting period when compared to the same time last year, a 30% decline. The reason for the decline in the number of events is because the stadium underwent significant upgrades in preparation for Super Bowl LX and FIFA World Cup 2026 which impacted the Stadium Manager’s ability to host as many events as the prior year.
In response to feedback at the previous Board meeting, the Non-NFL event ticket surcharge revenue data and respective transfers to the Discretionary Fund and Public Safety Cost Reserve has been added to Table 7.
Table 6
Levi's Stadium
Net Revenue for Non-NFL Events
by Event Type
Historical Year-to-Date through September 30, 2025
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 $ - 4 $ 2,986,483 5 $ 4,267,153 3 $ 4,074,498 6 $ 4,729,713 Sporting events:
Football (non-NFL) 0 - 0 - 0 - 0 - 0 -
Soccer 0 - 1 231,987 3 305,067 5 3,392,260 2 895,394
Miscellaneous events 0 - 0 - 0 - 0 - 0 -
Net Revenue from Ticketed Events 0 $ - 5 $ 3,218,470 8 $ 4,572,220 8 $ 7,466,758 8 $ 5,625,107 Subtotal Ticketed Events - Other Expenses $ - $ - $ - $ - $ - 6 $ 96,187 31 $ 1,350,957 25 $ 903,221 30 $ 1,198,148 20 $ 444,832 Other Operating Income $ - $ 63,987 $ 1,271,700 $ 1,029,491 $ 957,254 Other Operating Expenses $ - $ (601,530) $ (681,705) $(1,188,951) $ (911,493) Total Non-NFL Net Revenue 6 $ 96,187 36 $ 4,031,884 33 $ 6,065,436 38 $ 8,505,446 28 $ 6,115,700 Net Revenue from Special Events (weddings,
corporate events, etc.)
2021/22 2022/23 2023/24 2024/25 2025/26
(1) Other Operating Income are income not attributable to a specific event. Examples are interest income and reimbursements unrelated to a specific event.
Other Operating Expenses are expenses not attributable to a specific event. Examples are event selling expenses, administrative expenses and miscellaneous costs.
Net Revenue from Non-NFL Events does not include Non-NFL Event Ticket Surcharge. 9 Table 7
Levi's® Stadium
Non-NFL Event Results by Category
As of September 30, 2025
REVENUE:
Special Event Revenue
Ticket Platform Fees
Suite Ticket Revenue
Parking
Food & Beverage - Ticketed Events
Food & Beverage - Special Events
Miscellaneous(1)
2025/26
YTD Total
$ 1,292,432
6,875,097
675,554
2,740,268
5,536,589
128,281
3,105,406
Total Revenue $ 20,353,627
EXPENSE:
Public Safety/Security
Event Staff
Parking
Catering - Special Events
General Event Related Expenses
Expense Reimbursement from Event Licensee(2)
Miscellaneous(3)
$ 6,694,388
4,680,802
2,539,902
719,994
4,516,930
(5,825,583)
911,494
Total Expense $ 14,237,927
Subtotal Net Revenue $ 6,115,700
TICKET SURCHARGE REVENUE:
Base Ticket Surcharge ($4/ticket)
Additional Ticket Surcharge (>$4/ticket)
$ 1,780,064
2,576,362
Subtotal Ticket Surcharge $ 4,356,426
Total Net Revenue & Ticket Surcharge $ 10,472,126
TRANSFERS OF TICKET SURCHARGE REVENUE:
Transfer to Discretionary Fund
Transfer to Public Safety Cost Reserve
$
$
890,032
2,576,362
(1) Includes venue rental fees, net merchandise sales, interest income, and other revenues. (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. (3) Includes catered events department staff costs, non-event specific staff costs, and other expenses. 10 Discretionary Fund
The Discretionary Fund is funded by revenue equal to $2 of the base Non-NFL event ticket surcharge. The eight ticketed Non-NFL event contributed $890,000 to the Discretionary Fund in the current period. This is based on the tickets sold 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 $1.6 million.
Table 8
Discretionary Fund Reserve
Fiscal Year
Beginning
Balance Revenue Expenses Ending Balance
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 2,446,508 714,775
2025/26 714,775 890,032 - 1,604,807
Public Safety Cost Reserve
The Public Safety Cost Reserve is funded by proceeds from the additional Non-NFL ticket surcharge that exceed the $4 per ticket base ticket surcharge. During the current period, eight ticketed Non-NFL event contributed $2.6 million to the Public Safety Cost Reserve.
This is based on the tickets sold provided by the Stadium Manager.
Table 9 shows revenues in the Public Safety Cost Reserve. This is the first-year additional surcharge revenue has been collected.
Table 9
Public Safety Cost Reserve
Fiscal Year
Beginning
Balance Revenue Expenses Ending Balance
2025/26 $ - $ 2,576,362 $ - $ 2,576,362
Stadium Builder Licenses
The total principal value of currently active Stadium Builder Licenses (“SBLs”) is $560 million and, as of September 30, 2025, 95.6% of the total principal value of all SBLs sold (i.e., $535.5 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 11 are due by March 1st 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 defaulted 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 may 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, subject 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 67,286 currently active SBLs. This is a decrease of 268 from the total active SBLs at the end of the prior fiscal year (March 31, 2025). The main reasons for the decrease are due to SBL defaults offset by sale of new SBLs and the customer seat relocation program. 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 period, 420 SBLs were sold for a total face value of $3.2 million. The customer seat relocation program resulted in an increase of $692,000 to the SBL face value, while netting 257 more SBLs. There were also 945 SBLs defaulted during the quarter with a face value of $5.9 million.
Additional details regarding currently active SBLs are noted in Table 10. 12 Table 10
Santa Clara Stadium Authority
Currently Active Stadium Builder License (SBL) Summary (1) Through September 30, 2025
Seat Value
SBL Seats
Available
SBL Seats Sold
as of 3/31/25
New SBL
Sales
Net SBL
Relocations
SBL
Defaults
SBL Seats
Sold SBL Value SBL Collected % SBL PrincipalCollected
$ 141,392 100 100 - - - 100 $ 14,082,625 $ 14,028,762 99.6% $ 80,000 942 942 - - - 942 $ 75,360,000 $ 74,714,925 99.1% $ 40,000 2 2 - - - 2 $ 80,000 $ 79,600 99.5%
$ 30,000 4,945 4,684 24 3 (41) 4,670 $ 140,100,000 $ 135,153,164 96.5% $ 20,000 3,475 3,083 35 7 (34) 3,091 $ 61,820,000 $ 57,319,087 92.7% $ 17,500 90 87 - - - 87 $ 1,522,500 $ 1,190,630 78.2%
$ 15,000 7 7 - - - 7 $ 105,000 $ 105,000 100.0%
$ 12,000 2,163 2,198 2 3 (37) 2,166 $ 25,992,000 $ 24,886,008 95.7% $ 10,000 7 7 - - - 7 $ 70,000 $ 69,915 99.9%
$ 6,000 20,656 21,023 136 - (225) 20,934 $ 125,604,000 $ 120,510,966 95.9% $ 5,000 14,311 14,503 150 (20) (341) 14,292 $ 71,460,000 $ 65,853,537 92.2% $ 4,000 916 927 - (1) (1) 925 $ 3,700,000 $ 3,684,157 99.6% $ 3,000 88 89 - - - 89 $ 267,000 $ 264,863 99.2%
$ 2,500 36 40 - - - 40 $ 100,000 $ 99,998 100.0%
$ 2,000 18,392 19,829 73 265 (266) 19,901 $ 39,802,000 $ 37,463,292 94.1% $ 1,000 26 33 - - - 33 $ 33,000 $ 32,973 99.9%
Total 66,156 67,554 420 257 (945) 67,286 $ 560,098,125 $ 535,456,877 95.6% Plus: Interest on financed SBLs $ 67,393,473
Total Principal & Interest $ 602,850,350
(1) This table does not include $39.58 million that has been collected life-to-date from defaulted SBL holders. 13 Santa Clara Stadium Authority Budget Status Reports
Operating Budget
With 50% of the fiscal year complete, total operating revenues for the second quarter of the 2025/26 Fiscal Year were $31.7 million representing 48% of the overall budget for revenues. During the current reporting period, the Stadium Authority collected $3.4 million in SBL proceeds or 66% of what was budgeted. All SBL proceeds are to be transferred to the debt service fund per applicable loan agreements. Stadium Authority also recognized $12.4 million in rent from Forty Niners SC Stadium Company, LLC (StadCo), $4 million in Non-NFL ticket surcharge, $4 million in Naming Rights revenue and $217,000 in sponsorship (STR) revenue all of which are expected to meet or exceed budget this fiscal year.
Total Operating expenses were $12.1 million, or 32% of the annual budget. Shared Stadium Manager expenses were at 49% of the budget, or $6.9 million of the $14 million budgeted amount and SBL Sales and Service expenses were 50% of the budget or $1.2 million. The Stadium Authority pays for all utility costs from February 1st through July 31st and the tenant (StadCo) pays for utility costs from August 1st through January 31st (Tenant Season). Therefore, utility costs are 67% of the budget for the year, or $1.2 million. 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 $1.3 million or 27% of the budget.
Additional details are shown in Table 11.
14 Table 11
Santa Clara Stadium Authority
Operating Budget Status Report For the Period Ending September 30, 2025 and 2024 Amended(1)
Period Ending September 30, 2025
Budget to
YTD Actual % Final
Period Ending September 30, 2024
Budget to
YTD Actual %
Budget Actuals Difference Received Budget Actuals Difference Received Beginning Fund Balance
Discretionary Fund Reserve
Legal Contingency Reserve - Buffet Costs
Legal Contingency Reserve - Public Safety Costs
Operating Reserve
Renovation/Demolition Reserve
Stadium Funding Trust Reserve
Unrestricted
Total Beginning Fund Balance
$
$
714,775 $ 714,775
- -
- -
26,878,328 26,878,328
43,771,643 43,771,643
3,898,514 3,898,514
14,643,276 14,643,276
89,906,536 $ 89,906,536
$
$
-
-
-
-
-
-
-
-
NA
NA
NA
NA
NA
NA
NA
NA
$
$
2,464,323 $ 2,464,323
3,321,116 3,321,116
7,324,722 7,324,722
26,095,478 26,095,478
31,440,735 31,440,735
3,611,041 3,611,041
15,915,719 15,915,719
90,173,134 $ 90,173,134
$
$
-
-
-
-
-
-
-
-
NA
NA
NA
NA
NA
NA
NA
NA
Revenue
NFL Ticket Surcharge
SBL Proceeds
Interest
Net Revenues from Non-NFL Events
Naming Rights
Sponsorship Revenue (STR)
Rent
Senior & Youth Program Fees
Non-NFL Event Ticket Surcharge
Non-NFL Events PSC Depreciation Reimbursement
$ 15,034,000 $ 5,369,971 $ 9,664,029
5,156,000 3,380,978 1,775,022
3,421,000 2,299,610 1,121,390
5,300,000 - 5,300,000
8,065,000 3,972,751 4,092,249
722,000 216,621 505,379
24,762,000 12,381,000 12,381,000
270,000 108,725 161,275
3,426,000 3,982,986 (556,986)
89,000 - 89,000
36%
66%
67%
0%
49%
30%
50%
40%
116%
0%
$ 14,595,000 $ 3,034,073 $ 11,560,927
7,969,000 4,025,064 3,943,936
5,435,000 2,858,112 2,576,888
9,250,000 - 9,250,000
7,830,000 - 7,830,000
519,000 319,015 199,985
24,762,000 13,756,000 11,006,000
279,000 72,911 206,089
1,149,000 1,393,920 (244,920)
- - -
21%
51%
53%
0%
0%
61%
56%
26%
121%
NA
Other Revenue - 16,437 (16,437) NA - - - NA
Total Revenue $ 66,245,000 $ 31,729,079 $ 34,515,921 48% $ 71,788,000 $ 25,459,095 $ 46,328,905 35% Total Source of Funds $ 156,151,536 $ 121,635,615 $ 34,515,921 78% $ 161,961,134 $ 115,632,229 $ 46,328,905 71% Expenses
Shared Stadium Manager Expenses
Stadium Operations
Engineering
Guest Services
Groundskeeping
Security
Insurance
Stadium Management Fee
$
Amended(1)
Budget
3,489,000
3,752,000
486,000
550,000
1,905,000
3,530,000
277,000
$
YTD
Actuals
1,744,534
1,875,886
242,812
274,912
952,470
1,764,898
1 $
Budget to
Actual
Difference
1,744,466
1,876,114
243,188
275,088
952,530
1,765,102
276,999
%
Used
50%
50%
50%
50%
50%
50%
0%
$
$
$
$
$
$
Final
Budget
3,384,000
3,935,000
621,000
316,000
1,602,000
3,427,000
533,000
13,818,000
2,611,000
900,000
279,000
1,000,000
11,450,000
250,000
1,711,000
172,000
4,288,000
136,000
748,000
2,312,000
9,487,000
6,166,000
41,510,000
55,328,000
17,471,000
4,032,000
$
$
$
$
$
$
YTD
Actuals
1,691,977
1,967,609
310,278
158,244
800,830
1,713,493
-
6,642,431
1,575,502
-
72,911
1,000,000
-
-
991,921
137,197
1,472,431
48,213
373,888
-
-
-
5,672,063
12,314,494
4,816,409
-
$
$
$
$
$
$
Budget to
Actual
Difference
1,692,023
1,967,391
310,722
157,756
801,170
1,713,507
533,000
7,175,569
1,035,498
900,000
206,089
-
11,450,000
250,000
719,079
34,803
2,815,569
87,787
374,112
-
9,487,000
6,166,000
33,525,937
40,701,506
12,654,591
4,032,000
%
Used
50%
50%
50%
50%
50%
50%
0%
48%
60%
0%
26%
100%
0%
0%
58%
80%
34%
35%
50%
0%
0%
0%
14%
22%
28%
0%
Shared Stadium Mngr Exps Subtotal
Other Operating Expenses
SBL Sales and Service
Buffet Costs
Senior & Youth Fees (paid to City)
Ground Rent (paid to City)
Performance Rent (paid to City)
Discretionary Fund Expense
Utilities
Use of StadCo Tenant Improvements
Stadium Authority G&A
Naming Rights Expense
Other Expenses
PSC Over Threshold
PSC 2024 Outstanding Balance
Transfer to City General Fund from Excess Rev
Other Operating Expenses Subtotal
Total Expenses
Transfers Out
Debt Service
Capital Expenditures Reserve
$
$
enues
$
$
$
13,989,000
2,324,000
927,000
270,000
1,000,000
2,150,000
250,000
1,796,000
106,000
4,687,000
1,724,000
763,000
2,143,000
2,972,000
2,972,000
24,084,000
38,073,000
17,646,000
5,153,000
$
$
$
$
$
6,855,513
1,161,770
-
108,725
1,000,000
-
-
1,197,440
92,554
1,260,456
49,659
381,859
-
-
-
5,252,463
12,107,976
4,620,456
-
$
$
$
$
$
7,133,487
1,162,230
927,000
161,275
-
2,150,000
250,000
598,560
13,446
3,426,544
1,674,341
381,141
2,143,000
2,972,000
2,972,000
18,831,537
25,965,024
13,025,544
5,153,000
49%
50%
0%
40%
100%
0%
0%
67%
87%
27%
3%
50%
0%
0%
0%
22%
32%
26%
0%
CapEx Reserve - Levi's Naming Rights - - - NA 1,575,000 - 1,575,000 0% Total Transfers Out $ 22,799,000 $ 4,620,456 $ 18,178,544 20% $ 23,078,000 $ 4,816,409 $ 18,261,591 21% Ending Fund Balance
Discretionary Fund Reserve $ 1,045,775 $
Operating Reserve 27,684,328
Public Safety Cost Reserve -
Renovation/Demolition Reserve 49,714,643
Stadium Funding Trust Reserve 7,604,002
Unrestricted 9,230,788
Total Ending Fund Balance $ 95,279,536 $
1,604,807 $
26,878,328
2,576,362
43,771,643
603,216
29,472,827
104,907,183 $
(559,032)
806,000
(2,576,362)
5,943,000
7,000,786
(20,242,039)
(9,627,647)
NA
NA
NA
NA
NA
NA
NA
$
$
477,323 $
26,878,478
-
43,772,576
5,750,645
6,676,112
83,555,134 $
3,161,283
26,095,478
-
31,440,735
14,595,955
23,207,875
98,501,326
$
$
(2,683,960)
783,000
-
12,331,841
(8,845,310)
(16,531,763)
(14,946,192)
NA
NA
NA
NA
NA
NA
NA
Total Use of Funds $ 156,151,536 $
(1)Adjustments include previously approved budget amendments through October 21, 2025 121,635,615 $ 34,515,921 78% $ 161,961,134 $ 115,632,229 $ 44,016,905 71% 15 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 11, 2025, the Stadium Authority Board adopted the Santa Clara Stadium Authority FY 2025/26 Operating, Debt Service, and Capital Budget. The following budget adjustments are recommended to recognize higher than anticipated Non-NFL event ticket surcharge and FY 2024/25 Stadium Authority General and Administrative (G&A) budget savings available for stadium operations:
1) Non-NFL Event Ticket Surcharge: The number of tickets sold to the Non-NFL events were higher than anticipated resulting in higher Non-NFL event ticket surcharge.
Portions of the additional ticket surcharge revenue of $930,000 will be transferred to the discretionary fund reserve and the public safety cost reserve with the remaining amount being used for operations and ultimately flowing through the excess revenue waterfall to pay down the Public Safety Costs (PSC) 2024 Outstanding Balance, Transfer to the City’s General Fund, and Transfer to the Renovation/Demolition Reserve.
2) FY 2024/25 Stadium Authority G&A Budget Savings: The prior year Stadium Authority G&A expenses were under budget by $1.1 million. After the close of the fiscal year, those monies are then available from the Unrestricted Fund Balance for stadium operations which ultimately will flow through the excess revenue waterfall to pay down the PSC 2024 Outstanding Balance, Transfer to the City’s General Fund, and Transfer to the Renovation/Demolition Reserve.
Additional details are shown in Table 12
Table 12
Santa Clara Stadium Authority
2025/26 Operating Budget Adjustment
Item
#
Line Item Source of
Funds
Use of
Funds
Explanation
1 1
Non-NFL Event Ticket
Surcharge
Discretionary Fund
Reserve
$930,000
$309,000
This action increases the NonNFL Event Ticket Surcharge from $3,426,000 to $4,356,000
as a result of higher Non-NFL
event ticket sales.
This action increases the
Discretionary Fund Reserve
from $1,045,775 to $1,354,775
as a result of higher Non-NFL
event ticket sales.
1 Public Safety Cost
Reserve
$433,000 This action increases the
Public Safety Cost Reserve
from $0 to $433,000 as a result
16 of higher Non-NFL event ticket
sales.
1 Public Safety Cost
(PSC) 2024
Outstanding Balance
$47,000 This action increases the PSC
2024 Outstanding Balance
from $2,972,000 to $3,019,000
as a result of higher Non-NFL
event ticket sales.
1 Transfer to City General
Fund from Excess
Revenues
$47,000 This action increases the
Transfer to City General Fund
from Excess Revenues from
$2,972,000 to $3,019,000 as a
result of higher Non-NFL event
ticket sales.
1 Renovation/Demolition
Reserve
$94,000 This action increases the
Renovation/Demolition
Reserve from $49,714,643 to
$49,808,643 as a result of
higher Non-NFL event ticket
sales.
2 Unrestricted Fund
Balance
($1,100,000) This action decreases the
Ending Unrestricted Fund
Balances from $9,230,788 to
$8,130,788 as a result of FY
2024/25 Stadium Authority
G&A budget savings.
2 Public Safety Cost
(PSC) 2024
Outstanding Balance
$275,000 This action increases the PSC
2024 Outstanding Balance
from $3,019,000 to $3,294,000
as a result of FY 2024/25
Stadium Authority G&A budget
savings.
2 Transfer to City General
Fund from Excess
Revenues
$275,000 This action increases the
Transfer to City General Fund
from Excess Revenues from
$3,019,000 to $3,294,000 as a
result of FY 2024/25 Stadium
Authority G&A budget savings.
2 Renovation/Demolition
Reserve
$550,000 This action increases the
Renovation/Demolition
Reserve from $49,808,643 to
$50,358,643 as a result of
Stadium Authority G&A budget
savings.
Total $930,000 $930,000
17 Debt Service Budget
The Stadium Authority’s FY 2025/26 debt service revenue budget of $3.6 million represents anticipated contributions from the Community Facilities District (CFD). The CFD levies and collects a special hotel tax on hotel rooms within the CFD. All collections from the special CFD hotel taxes are contributed to Stadium Authority to pay down the CFD Advance. The CFD Advance is payable solely from amounts received by the Stadium Authority from the CFD. During the first two quarters, $1.8 million was contributed by the CFD, or 49% of the annual budget. Of this amount, $1.8 million was collected and used to pay down the CFD Advance.
Total Stadium Authority debt service expenses for the current reporting period were $14.2 million, or 69% of the budgeted amount. The debt service expenses for the CFD Advance and the Term A Loan were $1.8 million and $12.5 million, respectively.
As of September 30, 2025, the total outstanding amount of Stadium Authority debt had declined to $210.8 million. This is a reduction in principal of $8.8 million from the March 31, 2025 outstanding debt amount of $219.6 million.
Additional details are shown in Tables 13 and 14 and Chart 1. 18 Table 13
Santa Clara Stadium Authority
Debt Service Budget Status Report
For the Period Ending September 30, 2025 and 2024
Beginning Fund Balance
Required Debt Service Reserve
Period Ending September 30, 2025
Budget to
Amended(1) YTD Actual
Budget Actuals Difference
$ 11,536,235 $ 11,536,235 $ -
%
Received
NA
Period Ending September 30, 2024
Budget to
Final YTD Actual
Budget Actuals Difference
$ 11,536,235 $ 11,536,235 $ -
%
Received
NA
Debt Service Reserve 8,706,100 8,706,100 - NA 8,122,980 8,122,980 - NA Total Beginning Fund Balance $ 20,242,335 $ 20,242,335 $ - NA $ 19,659,215 $ 19,659,215 $ - NA Revenue
Contribution from CFD $ 3,605,000 $ 1,757,940 $ 1,847,060 49% $ 3,457,000 $ 1,686,537 $ 1,770,463 49% Total Revenues $ 3,605,000 $ 1,757,940 $ 1,847,060 49% $ 3,457,000 $ 1,686,537 $ 1,770,463 49% Transfers In
Transfers In from Operating $ 17,646,000 $ 4,620,456 $ 13,025,544 26% $ 17,471,000 $ 4,816,409 $ 12,654,591 28% Total Transfers In $ 17,646,000 $ 4,620,456 $ 13,025,544 26% $ 17,471,000 $ 4,816,409 $ 12,654,591 28% Total Source of Funds $ 41,493,335 $ 26,620,731 $ 14,872,604 64% $ 40,587,215 $ 26,162,161 $ 14,425,054 64% Amended(1) YTD
Budget to
Actual Final YTD
Budget to
Actual
Budget Actuals Difference % Used Budget Actuals Difference % Used Expenses
CFD Advance $ 3,565,000 $ 1,753,422 $ 1,811,578 49% $ 3,429,000 $ 1,674,732 $ 1,754,268 49% Term A Loan 17,080,000 12,458,550 4,621,450 73% 16,933,000 12,116,306 4,816,694 72% Total Expenses $ 20,645,000 $ 14,211,972 $ 6,433,028 69% $ 20,362,000 $ 13,791,038 $ 6,570,962 68% Ending Fund Balance
Required Debt Service Reserve $ 11,536,235 $ 11,536,235 $ - NA $ 11,536,235 $ 11,536,235 $ - NA Debt Service Reserve 9,312,100 872,524 8,439,576 NA 8,688,980 834,888 7,854,092 NA Total Ending Fund Balance $ 20,848,335 $ 12,408,759 $ 8,439,576 NA $ 20,225,215 $ 12,371,123 $ 7,854,092 NA Total Use of Funds $ 41,493,335 $ 26,620,731 $ 14,872,604 64% $ 40,587,215 $ 26,162,161 $ 14,425,054 64% (1)Adjustments include previously approved budget amendments through October 21, 2025 19 Table 14
Santa Clara Stadium Authority
Debt Summary Report
Period Ending September 30, 2025
Outstanding as of Outstanding as of
Type of Indebtedness Interest Rates March 31, 2025 Net Change September 30, 2025 Stadium Funding Trust Loan:
Term A Loan 5.00% $ 192,656,344 $ (7,838,094) $ 184,818,249 StadCo CFD Advance 5.73% 26,952,920 (987,966) 25,964,954 Total $ 219,609,263 $ (8,826,060) $ 210,783,203
Chart 1
Total Outstanding Debt (in millions)
$700
$600
$500
$400
$300
$200
$100
$-
$41.1
$396.1
$653.4
$561.6
$464.7
$429.8
$382.7
$340.2 $325.3 $296.8 $280.3
$245.3 $228.7 $219.6 $210.8
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 Mar 2025Sep 2025 Construction Loan StadCo Agency Advance Term B Loan Term A Loan StadCo CFD Advance StadCo Subordinated Loan 20 ■ ■ ■ ■ ■ ■
Capital Expense (CapEx) Budget
As part of the Capital Expense (“CapEx”) Plan, the following projects were underway during the current reporting period:
Aesthetic Improvements – Premium Areas/Special Event Spaces Broadcast Booth Window System Replacement
General Areas/Coating Main Deck
IT Replacement of end of life Network equipment
Kawasaki ATVs
LED Retrofit Project - Phase 1
Levi’s® Naming Rights Signage Refurbishment
Lighting System - Controls System
Lighting Systems – Fixture Replacement of Major Outdoor Lighting/LED Retrofit Main Kitchen Equipment
Plumbing - Boilers
Radio Booth Cabling
Security General Allowance
Stormwater System Assessment and Replacements
Women’s Locker Room
The CapEx Budget increased from $18.6 million to $21.9 million in the current reporting period. A total of $7.2 million has been spent during the first two quarters of FY 2025/26, which amounts to 33% of the budget. The main reason that this is below budget is due to the timing of activity for Capital Expenditure projects. There has also been no activity on warranty work which makes up 7% of the CapEx Budget.
Additional details are shown below in Table 15.
21 Table 15
Santa Clara Stadium Authority
CapEx Budget Status Report
For the Period Ending September 30, 2025 and 2024
Period Ending September 30, 2025 Period Ending September 30, 2024 Amended(1)
Budget
YTD
Actuals
Budget to
Actual
Difference
%
Received
Final
Budget
YTD
Actuals
Budget to
Actual
Difference
%
Received
Beginning Fund Balance
Revenue
$ 17,278,221 $ 17,278,221 $ - NA $ 19,862,834 $ 19,862,834 $ - NA Other Revenue $ 797,607 $ - $ 797,607 0% $ - $ - $ - NA Total Revenue $ 797,607 $ - $ 797,607 0% $ - $ - $ - NA Transfers In
Transfers In from Operating $ 5,153,000 $ - $ 5,153,000 0% $ 4,032,000 $ - $ 4,032,000 0% Transfers In from Operating - Levi's Naming Rights - - - NA 1,575,000 - 1,575,000 0% Total Transfers In $ 5,153,000 $ - $ 5,153,000 0% $ 5,607,000 $ - $ 5,607,000 0% Total Source of Funds $ 23,228,828 $ 17,278,221 $ 5,950,607 74% $ 25,469,834 $ 19,862,834 $ 5,607,000 78% Budget to Budget to
Amended(1) YTD Actual Final YTD Actual
Budget Actuals Difference % Used Budget Actuals Difference % Used Expenses
Construction $ 15,673,379 $ 6,900,662 $ 8,772,717 44% $ 15,697,725 $ 1,699,806 $ 13,997,919 11% Equipment 3,856,765 308,324 3,548,441 8% 5,943,000 1,321,791 4,621,209 22% Contingency & Misc 813,000 - 813,000 0% 973,000 - 973,000 0% Stadium Warranty Related Construction 1,528,000 - 1,528,000 0% 1,528,000 - 1,528,000 0% Total Expenses $ 21,871,144 $ 7,208,986 $ 14,662,158 33% $ 24,141,725 $ 3,021,598 $ 21,120,127 13% Ending Fund Balance $ 1,357,684 $ 10,069,235 $ (8,711,551) NA $ 1,328,109 $ 16,841,236 $ (15,513,127) NA Total Use of Funds $ 23,228,828 $ 17,278,221 $ 5,950,607 74% $ 25,469,834 $ 19,862,834 $ 5,607,000 78% (1)Adjustments include previously approved budget amendments through October 21, 2025 22 City of Santa Clara Net General Fund Impact
During the current reporting period there was a total of $1.5 million that was contributed to the General Fund as shown in Table 16. This section of the report also provides information on General Fund revenue and expenditure impacts resulting from the stadium.
Table 16
City of Santa Clara
Net General Fund Impact
For Stadium Authority
Period Ending September 30, 2025
Ground Rent
Senior and Youth Fee
Tasman Parking Lot
Sales Tax
$ 1,000,000
108,725
5,915
406,831
Total Net General Fund Impact $ 1,521,471
Public Safety and Administrative Cost Reimbursement
As described in earlier sections of this report, costs incurred by the City on NFL and NonNFL 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 $2.4 million and $4.6 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 $2.3 million in Non-NFL public safety reimbursements from the Stadium Manager.
The current balance of the Public Safety Costs (PSC) 2024 Outstanding Balance is $5.3 million and is projected to be paid through excess revenues. It is currently estimated that the PSC 2024 Outstanding Balance will be paid off by FY 2027/28. See the Glossary for more information on this balance.
In addition to public safety costs, administrative costs are also tracked and billed to the Stadium Authority. These include the cost of providing overall stadium management, financial, human resource, legal, and other services to the Stadium Authority. In the second quarter of FY 2025/26, a total of $978,000 of administrative staff costs were incurred by the General Fund, which have been reimbursed to the City. 23 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 $109,000, of which the entire amount has been 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 the City. The last quarter of sales tax collections from Levi’s® Stadium transactions generated $407,000 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 Redevelopment Property Tax Trust Fund (RPTTF).
Amounts remaining in the RPTTF after paying any enforceable obligations of the Successor Agency are distributed to taxing entities 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.
24 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 and other items at the Stadium Authority’s discretion. It is anticipated that the discretionary fund will continue to cover NFL public safety costs above the threshold. Stadium Authority may transfer up to half of the balance of the Discretionary Fund over $1.0 million from the Discretionary Fund to the City’s General Fund if (1) adequate provision has been made for the replacement of and upgrades to capital improvements contemplated under the Public Safety Plan and (2) an equal amount is transferred from the Discretionary Fund to Stadium Authority’s operating fund to be included as Stadium Authority Revenue.
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 Authority to the City is noted in the Table 17.
25 Table 17
Lease Year Fiscal 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
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 done 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 during the Surcharge Term which currently ends the last day of the 25th lease year or March 31, 2039
26 Non-NFL Event Ticket Surcharge – The Amended and Restated Stadium Lease Agreement requires that the promoter or sponsor of any Non-NFL event collect a NonNFL event ticket surcharge of $4 per ticket. The Lease Agreement sets aside one-half of the base Non-NFL event ticket surcharge for stadium operating and maintenance costs and one-half for discretionary expenses of the Stadium Authority. The First Amendment to Amended and Restated Lease Agreement increased the ticket surcharge to a minimum of $8 per ticket starting in FY 2025/26 a $1 escalator in FY 2028/29 and every four years thereafter on behalf of Stadium Authority. One-half of the $4 base surcharge that is paid to Stadium Authority covers general stadium operations and the other half funds the Stadium Authority Discretionary Fund. The additional proceeds exceeding the $4 base surcharge will be deposited to the Public Safety Cost Reserve to be used to pay public safety costs exceeding the threshold.
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 associated with these permitted offsite parking lots.
Therefore, when invoicing for NFL or Non-NFL public safety costs for a particular event held at Levi’s® Stadium, the offsite parking fee that is collected for said event partly offsets the total public safety costs owed for that event. In the City’s FY 2025/26 (July 1, 2025 through June 30, 2026) the offsite parking fee is $6.94.
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 NonNFL events are calculated and reported to Stadium Authority by Stadium Manager. With the finalized Non-NFL events report, Stadium Authority calculates the performance-based rent to be remitted to the City during July following the Stadium Authority’s fiscal yearend. The basic calculation for the performance-based rent is 50% of the net income from Non-NFL events for any given lease year less the sum of Performance-Based Rent Credits. The Performance-Based Rent Credits include (1) 50% of the fixed ground rent for the current lease year, (2) the amount, if any, that the Public Safety Costs exceed the Public Safety Cost Threshold for the current lease year, (3) following the Tax Allocation Termination Date, the amount of Received Possessory Interest Tax (PIT), and (4) the amount of any credit for Disproportionate Taxes for the current lease year.
Public Safety Costs – For each NFL and Non-NFL event held at Levi’s® Stadium, a public safety plan is developed and implemented. Multiple City departments provide staffing, materials, and supplies to support the public safety plan. Services are provided through a combination of City staff, contracts with other agencies (e.g. 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. Therefore, the cost of providing public safety services are 27 tracked through the City’s financial system and invoices are sent to the Stadium Manager.
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 threshold for FY 2017/18 to FY 2023/24 would not be treated as Credited Public Safety Costs and therefore would not affect the calculation of Performance Based Rent. Instead, these costs amounting to approximately $14.8 million have been redefined as “PSC 2024 Outstanding Balance” which would be paid from a legal contingency reserve and future excess revenues until paid off.
Table 18
PSC 2024 Outstanding Balance
Fiscal Year
Outstanding
Balance
Actual/Projected
Payments
Remaining
Balance
2023/24 $ 14,786,346 $ - $ 14,786,346
2024/25 $ 14,786,346 $ 9,486,570 $ 5,299,776
2025/26 $ 5,299,776 $ 3,294,000 $ 2,005,776
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. The threshold for the current lease year is $374,400.
Senior and Youth Program Fees – During the lease terms, StadCo collects City of Santa Clara Senior and Youth Program Fees on behalf of Stadium Authority. As of FY 2024/25 the fee was $0.40 per NFL game ticket up to a maximum of $300,000 per lease year.
Every ten lease years the fee will increase by $0.05 in conjunction with the maximum amount increasing by an additional $50,000.
28 Stadium Management Fee – The Stadium Manager receives an annual base management fee to manage Levi’s® Stadium. The fee was $400,000 in the first lease year and increases by 3% annually as detailed in the table below. This annual base management fee 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, the Stadium Manager also receives a stadium marketing and booking fee (incentive fee) which is based on a percentage of the amount that the net income from Non-NFL events exceeds the marketing and booking fee benchmark. The marketing and booking fee benchmark was $5 million 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 18 below.
Table 19
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 11 268,783 6,719,582 10,163,814 2,459,748 245,975 4,919,495 147,673 662,430 2025/26 12 276,847 6,921,169 To be determined
29 Appendix
This section of the report provides additional historical data for the tables referenced in the body of this report.
Table 20
Levi's® Stadium
Historical NFL Event Statistics
2014/15 Q2 2015/16 Q2 2016/17 Q2 2017/18 Q2 2018/19 Q2 2019/20 Q2 2020/21 Q2 Total Total Total Total Total Total Total
No. of NFL Events 4 3 3 4 3 3 -
No. of Tickets Sold 271,503 198,634 188,705 249,408 190,840 184,769 - NFL Ticket Surcharge $ 2,911,416 $ 1,851,550 $ 2,343,474 $ 2,544,721 $ 1,732,335 $ 2,416,387 $ - Senior/Youth Program Fees $ 95,026 $ 69,522 $ 66,047 $ 87,293 $ 66,794 $ 64,669 $ - Cars Parked at Offsite Lots 37,884 16,986 18,295 21,442 15,030 16,578 - City Offsite Parking Fee $ 186,389 $ 86,289 $ 95,866 $ 116,216 $ 84,619 $ 96,981 $ - Cars Parked on Tasman Lots 1,737 1,967 1,689 2,357 1,244 1,485 - Cars Parked on Golf Course 11,378 7,353 - - - - -
City Tasman Lot and Golf Course Parking Fee $ 65,575 $ 46,600 $ 8,445 $ 11,785 $ 6,220 $ 7,425 $ - Stadium Public Safety Costs $ 914,005 $ 673,723 $ 740,565 $ 975,574 $ 764,421 $ 1,157,636 $ - Golf Course Public Safety Costs $ 111,690 $ 25,242 $ - $ - $ - $ - $ - Subtotal Event Public Safety Costs $ 1,025,695 $ 698,965 $ 740,565 $ 975,574 $ 764,421 $ 1,157,636 $ - Less: Offsite Parking Fee Credit $ (186,389) $ (86,289) $ (95,866) $ (116,216) $ (84,619) $ (96,981) $ - Reimbursable Stadium Public Safety Costs $ 839,306 $ 612,676 $ 644,700 $ 859,359 $ 679,802 $ 1,060,654 $ - 30 Table 21
Levi's® Stadium
Historical Non-NFL Event Statistics
2014/15 Q2 2015/16 Q2 2016/17 Q2 2017/18 Q2 2018/19 Q2 2019/20 Q2 2020/21 Q2 Total Total Total Total Total Total Total
No. of Non-NFL Ticketed Events 2 13 14 7 7 6 -
No. of Tickets Sold 106,699 542,390 518,542 210,157 231,849 125,587 - Non-NFL Base Ticket Surcharge $ 426,796 $ 2,130,628 $ 2,074,168 $ 840,628 $ 927,396 $ 502,348 $ - Non-NFL Additonal Ticket Surcharge (1) $ - $ - $ - $ - $ - $ - $ - Total Ticket Surcharge $ 426,796 $ 2,130,628 $ 2,074,168 $ 840,628 $ 927,396 $ 502,348 $ - No. of Non-NFL Special Events 43 100 53 42 41 28 -
Non-NFL Special Event Attendees 12,521 73,196 17,959 23,726 15,943 7,752 - Cars Parked at Offsite Lots 10,748 51,669 55,731 19,466 22,338 13,130 - City Offsite Parking Fee $ 52,880 $ 258,252 $ 286,531 $ 104,077 $ 123,559 $ 75,164 $ - Cars Parked on Golf Course 5,413 19,743 9,562 - - - -
City Golf Course Parking Fee $ 27,065 $ 98,715 $ 47,810 $ - $ - $ - $ - Stadium Public Safety Costs $ 444,151 $ 2,624,988 $ 2,469,148 $ 1,035,289 $ 1,378,966 $ 1,004,000 $ - Golf Course Public Safety Costs $ 55,701 $ 113,440 $ 39,905 $ - $ - $ - $ - Subtotal Event Public Safety Costs $ 499,852 $ 2,738,429 $ 2,509,053 $ 1,035,289 $ 1,378,966 $ 1,004,000 $ - Less: Offsite Parking Fee Credit $ (52,880) $ (258,252) $ (286,531) $ (104,077) $ (123,559) $ (75,164) $ - Reimbursable Public Safety Costs $ 446,972 $ 2,480,177 $ 2,222,522 $ 931,212 $ 1,255,407 $ 928,836 $ - (1) The First Amendment to Amended and Restated Lease Agreement increased the ticket surcharge to a minimum of $8 per ticket starting in FY 2025/26. The surcharge exceeding the $4 per ticket base is shown in the table as additional ticket surcharge. 31 Table 22
Discretionary Fund Reserve
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
2020/21 2,327,850 - 18 2,327,832
32 Attachment 2
Line Item Source of
Funds
Use of
Funds
Explanation
Non-NFL Event Ticket Surcharge $ 930,000 This action increases the Non-NFL Event Ticket Surcharge from $3,426,000 to $4,356,000 as a result
of higher Non-NFL event ticket sales.
Discretionary Fund Reserve $ 309,000 This action increases the Discretionary Fund Reserve from $1,045,775 to $1,354,775 as a result of higher
Non-NFL event ticket sales.
Public Safety Cost Reserve $ 433,000 This action increases the Public Safety Cost Reserve from $0 to $433,000 as a result of higher Non-NFL
evnet ticket sales.
Public Safety Cost (PSC) 2024
Outstanding Balance
$ 47,000 This action increases the PSC 2024 Outstanding Balance from $2,972,000 to $3,019,000 as a result of
higher Non-NFL event ticket sales.
Transfer to City General Fund from
Excess Revenues
$ 47,000 This action increases the Transfer to City General Fund from Excess Revenues from $2,972,000 to
$3,019,000 as a result of higher Non-NFL event ticket
sales.
Renovation/Demolition Reserve $ 94,000 This action increases the Renovation/Demolition Reserve from $49,714,643 to $49,808,643 as a result
of higher Non-NFL event ticket sales.
Unrestricted Fund Balance $ (1,100,000) This action decreases the Ending Unrestricted Fund Balances from $9,230,788 to $8,130,788 as a result of
FY 2024/25 Stadium Authority G&A budget savings.
Public Safety Cost (PSC) 2024
Outstanding Balance
$ 275,000 This action increases the PSC 2024 Outstanding Balance from $3,019,000 to $3,294,000 as a result of
FY 2024/25 Stadium Authority G&A budget savings.
Transfer to City General Fund from
Excess Revenues
$ 275,000 This action increases the Transfer to City General Fund from Excess Revenues from $3,019,000 to
$3,294,000 as a result of FY 2024/25 Stadium
Authority G&A budget savings.
Renovation/Demolition Reserve $ 550,000 This action increases the Renovation/Demolition Reserve from $49,808,643 to $50,358,643 as a result
of Stadium Authority G&A budget savings.
Total $ 930,000 $ 930,000
Santa Clara Stadium Authority
2025/26 Operating Budget Adjustment
1 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1667 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Action Authorizing the City Manager to Negotiate and Execute a License Agreement for Property Use of the Youth Soccer Park and its facilities and adjacent parking lots between the City of Santa Clara and the National Football League for Super Bowl LX Operational Support
BACKGROUND
The National Football League (NFL) is scheduled to host Super Bowl LX at Levi’s Stadium, located at 4900 Marie P. DeBartolo Way in Santa Clara on February 8, 2026. In July 2025, the NFL notified the City of their interest in entering into a license agreement for the use of the Santa Clara Youth Soccer Park (YSP) located at 5020 Stars and Stripes Drive, Santa Clara, CA 95054, including the Youth Soccer Park fields #1 and #2 (not the synthetic field), fieldhouse, and parking lot; and (2) the former Yellow Lots 1 and 2, located at 5166 Stars and Stripes Drive, Santa Clara, CA 95054 (Shown in as Attachment 1 “Licensed Space”). As the Licensed Space is located within the Super Bowl LX security perimeter, the NFL requires exclusive access to the Licensed Space between January 5 and February 22, 2026 (“Use Period”).
To compensate the City for the exclusive facility use, the NFL is providing a community benefit improvement (Attachment 2) within the Youth Soccer Park by replacing all sprinkler heads and grass for the two natural turf soccer fields (Field #1 and Field #3) at an estimated value of $1.2 million (City Engineering Estimate(s): Field #1 replacement at approx. 118,000 sf = $637,200 and Field #2 replacement at approx. 102,000 sf = $550,800). In addition to the natural turf field replacement, the NFL will be providing new player/coach/referee dugouts for all three fields at an estimated value of approximately $64,000.
To manage the NFL’s exclusive use of the Youth Soccer Park during the Use Period and to address community needs, the Parks and Recreation Department (Department) has been meeting regularly (1-2 times per month) with Santa Clara youth soccer groups since August 2025 to discuss field scheduling impacts and solutions. As a result of this collaboration, the Department successfully identified alternative field space for Santa Clara youth soccer groups throughout the Use Period.
DISCUSSION
Super Bowl LX 2026
The NFL is scheduled to host Super Bowl LX at Levi’s Stadium, located at 4900 Marie P. DeBartolo Way in Santa Clara on February 8, 2026. Through discussions between the City, the NFL and BAHC, it was established that if access to any facilities under the control of the City or the Stadium Authority is required, including, without limitation, the Youth Soccer Park (which the Parties anticipate will fall within the security perimeter for the Game and Designated Events), the NFL and BAHC must obtain the necessary right-of-entry permits and/or licenses from the City or the Stadium Authority, as applicable, on reasonable terms to be negotiated.
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In July 2025, the NFL notified the City of its interest in entering into a license agreement for the use of the Licensed Space. Because the Licensed Space is located within the Super Bowl LX security perimeter, the NFL requires exclusive access to the Licensed Space during the Use Period. The City and the NFL held several meetings between August and December of 2025 to discuss community impacts and facility needs related to their requested use.
During the Use Period of the Licensed Space, YSP Field #1 will be used for media support services, and YSP Field #3 will serve as the rehearsal field for the half-time show. Additionally, the parking lots and buildings within the License Space will be used to support event staff and vehicle parking.
Although YSP Field #2 (the synthetic turf field) is not included in the Licensed Space, it will be inaccessible to the community during the Use Period due to its location within the secured area.
Community Benefit
To compensate the City for the exclusive facility use, the NFL will provide a community benefit improvement at the Youth Soccer Park consisting of the replacement of all sprinkler heads and the natural soccer field turfs on Field #1 and Field #3, with an estimated value of $1.2 million. In addition, the NFL will provide new player/coach/referee dugouts for all three fields valued at approximately $64,000, bringing the total “community benefit” to approximately $1.3 million.
It is important to note that the NFL was initially reluctant to utilize the Youth Soccer Park due to turf condition issues that occurred following their use of the park for Super Bowl 50. Initial proposals called for no use of the playing field surface, to proposals to utilize the fields with the installation of temporary protective pads to ensure that permanent damage was not done. Ultimately, staff and the NFL arrived at the proposed plan, which includes the use of the natural soccer field turfs on Field #1 and Field #3, in exchange for a turf replacement community benefit project, with an estimated value of $1.2 million.
A facility rental that excluded the use of the fields would leave the facility in its status quo, with natural turf fields last replaced 10 years ago (following Super Bowl 50). Alternatively, a rental of the facility that included the use of the natural turf fields and the installation of temporary protective pads would have generated rental fees of approximately $400,000 (which is lower than the value of the negotiated community benefit project).
The natural grass turf fields (Field #1 and Field #3) within the Youth Soccer Park were last reconditioned and replaced in 2016, following the NFL’s hosting of Super Bowl 50 at Levi’s Stadium.
The fields are due for replacement and refurbishment, including soil thatching to improve drainage, reduce soil compaction, and support overall turf health, root growth, and turf regeneration given the intensive annual soccer field use by Santa Clara youth soccer groups. However, the cost of soil thatching substantially exceeds the fair value of the proposed License for NFL use of the Licensed Space when considered in addition to the other Community Benefits proposed and therefore is not included in the $1.2 million “community benefit” field replacement. The City is currently exploring funding options to cover the soil thatching component for the natural grass turf fields estimated at approximately $0.5 million. The thatching is recommended but is not required.
Santa Clara Youth Soccer Groups
The NFL use of the Licensed Space during the Use Period, and the time during which the Community Benefits are installed will result in the temporary displacement of Santa Clara Youth Soccer Groups.
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To manage the NFL’s exclusive use of the Youth Soccer Park and address community needs, the Parks and Recreation Department analyzed historic programming, rental patterns, and community demand. The Department also met regularly with Santa Clara youth soccer groups from August through November to discuss field scheduling impacts and solutions.
Ultimately, the Parks and Recreation Department identified alternative field space during the Use Period by expanding rental hours at Reed & Grant Sports Park and activating Marsalli and Fatjo natural turf fields, both of which have lighting to accommodate shorter winter days. The Department also hosted its annual winter season field allocation meeting with all user groups, including Santa Clara youth soccer groups, on Wednesday, November 19. The meeting successfully ensured that all groups had resources needed to deliver their league programs while minimizing the impacts of Super Bowl LX during Use Period.
In addition to managing the impacts during the Use Period, the City is actively coordinating with Santa Clara youth soccer groups, the NFL, and FIFA to mitigate impacts from the “community benefit” renovations of YSP Fields #1 and #3, as well as potential interruptions related to the 2026 FIFA World Cup games hosted at Levi’s Stadium from June 13 to July 1, 2026. Once the renovation schedule is finalized, the City will work with Santa Clara youth soccer groups to determine field and permit allocations for March through May and beyond. The Parks and Recreation Department is currently analyzing historic field use for the anticipated field replacement project, expected to occur between June and September 2026. The natural grass turf field replacement project is estimated to take between 10 to 12 weeks and will include removal of the existing turf, soils/ground leveling, sprinkler replacement, and installation, maintenance, and rooting of the new grass/turf.
Proposed License Agreement Term Sheet (Term Sheet)
This Term Sheet summarizes the principal terms of a proposed License Agreement between the City of Santa Clara and the NFL for the temporary use and improvement of certain City facilities in connection with the Super Bowl at Levi’s Stadium. The Agreement has not been finalized but the parties have negotiated terms as documented in the form of agreement attached.
1. Licensed Areas. The facilities subject to the License Agreement (collectively, the “Licensed Space”) will consist of: (1) the Santa Clara Youth Soccer Park, located at 5020 Stars and Stripes Drive, Santa Clara, CA 95054, including the Youth Soccer Park fields #1 and #2 (not the synthetic field), fieldhouse, and parking lot; and (2) the former Yellow Lots 1 and 2, located at 5166 Stars and Stripes Drive, Santa Clara, CA 95054.
2. Term and Key Dates of License. The NFL will have exclusive access and operational use of the Licensed Space during the “Use Period,” which is expected to run from January 5, 2026 through February 22, 2026. In addition to the Use Period, the License Agreement will provide for an “Improvement Work Period” during which certain soccer fields (Fields #1 and #3) will be closed and maintained following turf replacement, and during which NFL will perform broader field improvements. The Improvement Work Period is anticipated to occur from approximately June 2026 through September 15, 2026, on specific dates to be mutually agreed upon and authorized in writing by the City.
3. NFL License / Use Rights. Under the License Agreement, the City will grant the NFL an exclusive license to use the Licensed Space during the Use Period. The permitted uses (the City of Santa Clara Page 3 of 6 Printed on 12/12/2025
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“Permitted Use”) will include establishment and operation of a broadcast compound, halftime show and rehearsal compounds, green rooms, and an NFL operational support compound, all in connection with the Super Bowl at Levi’s Stadium. During the Use Period, the NFL, its contractors and designees will have exclusive use of, and access to, the Licensed Space, and the City will not schedule or allow conflicting events or uses. The City will also grant the NFL a separate license to perform field and facility improvements within the Licensed Space during the Improvement Work Period, all as more specifically described in Attachment 2 (the “Improvement Work”).
4. Improvements.
a. Field Replacement and Maintenance (Fields #1 and #3). NFL), will be responsible for and will contract with Colony Landscape & Maintenance, Inc. (Colony) to replace and maintain Fields #1 and #3 at the Youth Soccer Park (the “Replacement Fields”).
Following turf installation, NFL will be responsible for, and retain Colony for maintenance of the Replacement Fields for the duration of the Replacement & Maintenance Period.
b. Dugout Replacements. In addition to the replacement and maintenance of Fields #1 and #3, NFL will pay for the cost to replace fifteen existing dugouts at Youth Soccer Park with new dugout units up to the estimated total cost of $64,000. c. To the extent applicable under state law, the Improvement Work will be performed in accordance with California prevailing wage and other labor requirements.
5. Consideration and Community Benefits.
a. Improvement Work. NFL will be obligated to pay for and cause to be performed all Improvement Work, including, without limitation, the replacement and maintenance of the Replacement Fields.
b. Field Use Coordination. If youth sports groups or other users that typically use the Licensed Space are displaced as a result of Improvement Work Period, the City will make reasonable efforts to relocate such users to alternate City park facilities, and if necessary, to private facilities. If private facilities are required, NFL will assist the City in coordinating alternative practice locations, including helping to identify, schedule, and coordinate the use of other suitable fields or facilities at the lowest possible cost, subject to City’s reasonable approval. NFL will reimburse the City for reasonable documented relocation-related costs, including standard City field use fees, staff time, and third-party field use fees, up to a maximum amount of $15,000. c. Dugouts. NFL will also provide up to $64,000 for the cost of new dugouts as set forth in Section 4, above.
6. Liquidated Damages. Unless due to a force majeure event or material breach by City that is not cured within fifteen (15) calendar days, if NFL fails to complete Improvement Work within ninety (90) days of the date in which the City authorizes NFL to start the Improvement Work, NFL will pay the City liquidated damages in the amount of $8,702 per day until completion.
7. Warranty. NFL warrants that Improvement Work will be performed in a professional manner consistent with industry standards and City specifications for a period of one year after acceptance. NFL shall promptly repair or replace, at no cost to the City, any work that fails to meet these standards, including unhealthy or failing turf. These warranty obligations shall survive the termination or expiration of the Agreement through the Warranty Period.
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8. Condition, Use, and Restoration. NFL will be required to take good care of the Licensed Space during the Use Period and throughout its activities under the License Agreement. NFL will be responsible for repairing any damage to the Licensed Space caused by NFL, its contractors, or invitees during the Use Period and will return the Licensed Space to the City in substantially the same condition as when accepted by NFL. NFL will still be obligated to take good care of the Licensed Space and complete the Improvement Work during the Improvement Work Period.
9. Termination Rights. The License Agreement will provide NFL with certain limited termination rights, including:
a. Prior to the commencement of the Use Period, NFL may terminate the Agreement, without penalty, if it determines, in its reasonable discretion, any significant event or circumstance occurs that materially prejudices the safe conduct of the Permitted Use at the Licensed Space that cannot be promptly and reasonably resolved; or b. If the Super Bowl is cancelled; or
c. If after the commencement of the Use Period and prior to occurrence of the Super Bowl, Licensee reasonably determines that any significant event or circumstance occurs that materially prejudices the safe conduct of the Permitted Use at the Licensed Space that cannot be promptly and reasonably resolved.
If the License is terminated by Licensee under items (b) or (c), for each day that Licensee has made use of the Licensed Space pay to Licensor the amount of Eight Thousand Seven Hundred and Two Dollars ($8,702) per day.
10.Insurance. NFL and/or its subcontractor will be required to maintain, at its sole cost and expense insurance consistent with the City’s standard insurance requirements.
11.Indemnification. NFL will be indemnifying the City (and council, officers, employees, etc.) for losses arising from NFL’s use of the Licensed Space, acts/omissions of NFL and its invitees/contractors, NFL’s breach, and NFL’s violations of law. The indemnity provisions in the Agreement will survive the expiration or earlier termination of the Agreement.
12.Compliance with Tax Laws. If a possessory interest is created, the Licensee may be subject to the payment of property taxes levied on the interest in accordance with Revenue and Taxation Code Section 107.6. Licensor and Licensee shall cooperate in the defense of any action instituted by the County to assess a possessory interest tax levy.
The final form of the License Agreement will reflect the terms as outlined in this report and will substantially conform with the City’s standard license requirements, subject to final approval by the City Attorney and City Manager.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
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FISCAL IMPACT
The “community benefit” services will be provided as in-kind services at the expense of the National Football League valued at approximately $1.3 million. The optional soil thatching is not included in the community benefit services. If the City chooses to move forward with the soil thatching, the estimated cost is approximately $0.5 million. City staff is exploring potential funding sources to cover that cost, including current fiscal year cost savings.
COORDINATION
This report has been coordinated with the Finance Department, the City Attorney’s Office, and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Other action(s) as directed by the City Council.
RECOMMENDATION
Authorize and direct the City Manager to Negotiate and Execute a License Agreement for Property Use of the Youth Soccer Park and its facilities and adjacent parking lots between the City of Santa Clara and the National Football League for Super Bowl LX Operational Support that is consistent with the terms of the proposed term sheet provided in this Staff Report, and subject to final approval by the City Attorney and City Manager.
Prepared by: Damon Sparacino, Director, Parks & Recreation Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Licensed Space
2. Improvement Work
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ATTACHMENT 1
THE LICENSED SPACE
Former Yellow Lots 1 & 2 Property
Youth Soccer Park Property
ATTACHMENT 2
IMPROVEMENT WORK: NATURAL TURF REPLACEMENT
Replacement Fields shall be replaced and maintained as follows:
I. With respect to replacing the Replacement Fields, Licensee shall cause its vendor to:
(a) New natural turf shall be procured and installed per Section 3.2, “Natural Soccer Fields”, of the City of Santa Clara Parks and Recreation Department – Park Amenities & Design Standards, except for turf material as mentioned below to be Tahoma 31 and other special requirements, as delineated in this Exhibit B.
(b) Replace 15 existing dugouts with new per the attached quote from Soccer Innovations.
(c) Conduct a pressure test and general audit of irrigation system prior to NFL moving into site to ensure that there are no pre-existing leaks or issues.
Pressure test and audit dates to be mutually upon between NFL, vendor and Licensee.
(d) Optional item considered the City’s responsibility and expense: Perform thatching removal. Remove all existing grass and organic matter above the current sand base, and resodding with new grass.
(e) Install turf type: T31-BRI: 1/2" THICK TAHOMA 31
(f) Mobilize equipment/project management
(g) Demolish and off haul existing sod/rootzone (up to 1.5” Depth of Cut (1 Pass) (h) Blend and laser grade existing site organic matter/soils (i) Roll and top dress with ¼” sand
(j) Install and adjust new irrigation heads to grade
(k) Provide detail specification of installed material to the City after completion. (l) Laying Sod
i. Moisten prepared surface immediately prior to laying sod. ii. Lay sod immediately after delivery to site to prevent deterioration. iii. Lay sod smooth and tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces.
iv. Where new sod adjoins existing grass areas, align top surfaces. v. Where sod is placed adjacent to hard surfaces, such as curbs, pavements, etc., place top elevation of sod 1/4" inch below top of hard surface.
vi. Water sodded areas immediately after installation. Saturate sod to 4 inches of soil.
vii. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities.
Roll sodded areas with roller not exceeding
II. Maintenance Period (General):
(a) Furnish all labor, material, equipment and services required to maintain landscape in a healthy growing condition and in a neat and attractive appearance throughout the maintenance period.
(b) The Maintenance Contractor shall be experienced in horticulture and landscape maintenance, practices and techniques, and shall provide sufficient number of workers with adequate equipment to perform the work during the maintenance period.
(c) Maintenance Period begins after all punch list or corrective items have been accepted by the City.
(d) Any day of improper maintenance, as determined by the City, shall not be credited as an acceptable maintenance period day. The maintenance period shall be extended on a daily basis if the work is not in accordance with this document.
(e) Maintenance shall continue beyond the ninety (90) day maintenance period, as required, until final acceptance is given by the City (f) A phased maintenance period will not be accepted.
(g) All plant material and other materials installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship or improper maintenance, as determined by City, and shall be replaced by the Contractor at his expense. Warranty periods are as follows:
1. Groundcover and Turf: One year.
2. Replacement: Any materials found to be dead, missing, declining or not in a satisfactory or healthy condition during the maintenance period shall be replaced immediately. City shall be sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within five (5) days of written notification by the City. All replacement materials and installations shall comply with this document.
(h) Proper maintenance, including watering, weeding, mowing, edging, fertilization, rolling of turf, replacement and infill of mulch, replacement of jute mesh, infill of settled areas, repairing and protection shall be required until entire project is finally accepted.
(i) Watering: Thoroughly water to insure vigorous and healthy growth until work is accepted. Water in a manner to prevent erosion due to application of excessive quantities of water. When hand watering use a water wand to break the water force.
(j) Weeding: Keep turf areas and areas between plants free of weeds. Control weeds with pre-emergent herbicides. If weeds develop, use legally approved herbicides and hand remove. Avoid frequent soil cultivation that destroys shallow roots. Weeding also shall be included in all paved areas including public or private sidewalks.
III. Maintaining the Replacement Fields:
(a) Reel mowing of each of the Replacement Fields two times per week, string trimming/edging as needed
(b) Pro Core 648 Aeration on each of the Replacement Fields one time during the Replacement and Maintenance Period
(c) One Fertilizer Application on each Replacement Fields during the Replacement and Maintenance Period Materials Included)
(d) Two Spray applications on Replacement Fields as needed to prevent limit weeds and or disease (Materials Included)
(e) No sports line painting included, as fields must be closed during the grow in period.
(f) Rolling of Replacement Fields as needed
(g) Initial mowing of turf will commence when the grass has reached a height of two and one- half (2-1/2) inches. The height of cut will be two (2) inches. After initial establishment maintain Bermuda and creeping grasses at 1½” and fescues or rye grass at 2”. Mowing will be at least every 4-6 days for the second through fifth cuttings, and at least once per week after that for fescue.
Bermuda grass is to be mowed minimum twice a week.
(h) Bent grass is to be mowed daily. Turf must be well established and free of bare spots and weeds to the satisfaction of the City prior to final acceptance. (i) Excess grass clippings shall be picked up and removed from the site and premises. Let turf areas dry out enough so that mower wheels do not skid, tear or mark the lawn. Edges shall be trimmed at 90 degrees to pavement, at least weekly or as needed for neat appearance. Clippings shall be removed from paved and planting areas, etc. and disposed of from the site. (j) Watering: Lawns shall be watered at such frequency as weather conditions require to replenish soil moisture below root zone and to establish healthy strands of grass.
(k) Contractor is responsible for water audits and payment of any local penalties by local water districts at no additional cost to the Owner. (l) Disease control: Control turf diseases throughout the maintenance period with legally approved fungicides and herbicides. Replace any damaged or infected grass.
(m)Control broad leaf weeds with selective, legally approved herbicides throughout maintenance period.
(n) A final application of selective herbicide shall be applied at the end of the landscape maintenance period, acceptance, just prior to final acceptance. (o) Hand weed as required in addition to the application of weed control herbicides and pre- emergent to maintain all areas free of weeds including turf species other than the specified species. Periodic or predetermined weeding schedules may not be adequate and should be supplemented. (p) During maintenance period an application of turf maintenance fertilizer, as specified, shall be made at thirty (30) day intervals from the date of maintenance period start at a rate of five (5) pounds per 1,000 square feet, and as required by the agronomic soils report.
(q) Final application (just prior to final acceptance) shall be made with the slowrelease maintenance fertilizer as required by the agronomic soils report. (r) Replacement: At conclusion of maintenance period a final observation of lawn and turf areas shall be made. Remove diseased areas and unhealthy strands of grass from the site; do not bury into the soil. Replant areas with material and in a manner as specified on the Plans and Specifications at no additional cost to the Owner. All grass is to be fully grown with 100% coverage with a suitable thatch layer prior to turnover and final acceptance. (s) Irrigation System Observation: The Contractor shall check all systems for proper operation. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral. All heads are to be adjusted as necessary for unimpeded head to head coverage.
(t) Irrigation Valves: Contractor shall set, and verify that all pressure regulating valves to the operating pressure specified by the manufacturer (u) Controllers: Set and program automatic controllers for seasonal water requirements. Give the Owner's Representative instructions on how to turn off system in case of emergency.
(v) If the irrigation system is designed and specified to be operable from a central irrigation computer controller located off site, or a standard controller on site, the contractor shall demonstrate to the City and future maintenance contractor that the central irrigation system is fully installed and operational from this off site control system as described and specified. Contractor shall make all adjustments as necessary to insure this operation prior to final acceptance. (w) Repairs: Repair all damages to irrigation system at the Contractor's expense. Repairs shall be made within twenty-four (24) hours or sooner to prevent damage to site improvements.
(x) During maintenance work, keep pavements clean and work area in an orderly condition. Haul away and remove all debris from landscape areas, and do not leave any clippings, fertilizer, amendments and/ or other material from landscape planting and/or maintenance period.
(y) Power wash all pavement and flatwork as necessary to remove all staining and tire marks on surfaces caused by maintenance or construction vehicles, prior to final acceptance.
3322 Garden Brook Drive
Dallas, TX, 75234
Phone: 9723530180
Web: soccerinnovations.com
Quote
Order Nbr.: 00055365
Order Date: 11/26/2025
Delivery Date:
Expiration Date: 12/26/2025
Customer ID: C0004694
Currency: USD
City of Santa Clara
1500 Warburton Ave
Santa Clara CA 95050-3796
United States of America
Attn: Finance - Account Payable
City of Santa Clara
5020 Stars and Stripes
Santa Clara CA 95054
United States of America
Attn: Parks & Recreation - CRC
CUSTOMER P.O. NO. TERMS CONTACT
MVP & Ref shelters Net 30
FOB POINT SHIPPING TERMS SHIP VIA
Shipstation
1 1000-MVP IV HUNTER GREEN: MVP IV Team
Shelter 17'x5'x4'.8" Metal Frame with 600D
Hunter Green Polyester Cover w/wheel kit and
Anchor Kit.
12 EACH 4,619.0000 55,428.00 5% 52,656.60
2 1000-P REF HUNTER: Ref Team Shelter with
Wheel and Anchor Kit - Hunter
3 EACH 2,888.0000 8,664.00 8,664.00
3 SHIPPING: Customer ship cost 1 EACH 2,500.0000 2,500.00 2,500.00 Please contact us to finalize.
www.soccerinnovations.com
Total: 61,320.60
+Shipping: 2,500.00
+Tax: 0.00
Grand Total: 63,820.60
Page: 1 of 1
BILL TO: SHIP TO:
NO. ITEM QTY. UOM PRICE EXTENDED PRICE DISC. AMOUNT
SOCCER Eff.1005 ~
1nnoy11r;ont • TM
3.2 Natural Soccer Fields
1. NATURAL TURF SURFACE
Nursery-grown sod shall have the following characteristics:
A. Sod for planting areas shall be dense, healthy, field-grown on sandy soil with grass having been mowed at 1-inch height before lifting from field.
B. Sod shall be dark green in color, relatively free of thatch, free from disease, weeds, and harmful insects.
C. Sod shall be reasonably free of objectionable grassy and broadleaf weeds. Sod shall be considered weed free if no more than 2 such weeds are found per 100 sq feet of sod.
D. Sod shall be rejected if found to contain the following weeds: common bermudagrass, quack grass, Johnson grass, nimble weed, thistle, bindweed, bent grass, perennial sorrel, and bromegrass.
E. Sod variety shall be: Primary choice shall be Latitude 36, a with the secondary choice being Sports Turf Grass – Bandera. The sod shall be pre-ordered and grown atop the native sand base.
2. NATURAL TURF SOIL
A. TOPSOIL: Site to be rough graded to elevations shown on Civil Drawings.
B. All topsoil to be used for planting, shall have a complete soil analysis performed in a report from a reputable soil testing laboratory.
C. Root zone for sand-based turf and materials (USGA Root Zone Mix) - Refer to planting details for depth.
- Recommendations for nutrients must be submitted to the landscape architect for review.
- USGA Amended Rootzone Mix shall be the following:
a. 70% USGA Sand
b. 20% Peat Moss / Canadian Sphagnum
c. 10% Organic Greenwaste Compost
d. Mycorrhiza per manufacturer
3. NATURAL TURF BASE PREPARATION
A. Gravel base shall be placed above the prepared subgrade and below USGA Rootzone mix. See planting details for required depth
B. ASTM C-136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates shall be performed prior to delivery to the site.
C. Compact per Geotechnical Engineer’s recommendations.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1113 Agenda Date: 12/16/2025
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on Adoption of a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers to Increase Electric Rates and Charges in Each Rate Schedule by 4.0% and Make Other Modifications, Effective January 1, 2026
BACKGROUND
Like other electric utilities in California, the City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), evaluates the need for rate increases in the context of ensuring reliable low-cost service to the community. Many utilities in California are seeing operating pressures driven by the need to replace aging infrastructure, increasing risks such as wildfires, increasing regulatory mandates, and other unanticipated challenges. SVP is no different and is also experiencing unprecedented load growth, having already seen the highest growth among publicly owned electric utilities in California. This growth is a significant source of new revenue that helps offset some of the other costs, but it also is a driver for SVP’s large capital program.
The proposed 4% increase takes into account the revenue needed to continue to operate and meet the needs of SVP’s customers, and is in line with historic rate increases as detailed below:
Table 1: 5-year rate increase history
Year Rate increase Drivers
2021 3% Routine Cost Drivers as
described in RTC
2022 3% Routine Cost Drivers as
described in RTC
2023
January 1 8% Natural Gas Crisis, Increased
July 1 5% Cost of Materials,
2024 10% Natural Gas Crisis, Increased
Cost of Materials
2025 5% Routine Cost Drivers
2026 4% Proposed/Drivers discussed
below
Overall, SVP is in a strong financial position with projections showing increased revenue growth and reserves increasing steadily over time.
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DISCUSSION
The proposed 4% rate increase is needed to cover the cost of generating and delivering power to all SVP customers and to help ensure the long-term reliability and stability of the system. Other key rate increase drivers are further described below. When the updated FY 2025/26 Budget was approved, staff forecasted a 2% rate increase. This forecast was based on the best information available at the time; however, recent changes and unforeseen events necessitate a 4% increase instead.
Key Rate Increase Drivers
1. Capital and Operating Needs:
The cost of labor, equipment, materials, and construction continue to rise for both new projects and the maintenance of existing electric utility infrastructure. These escalating costs directly impact SVP’s capital projects as well as ongoing operations and maintenance activities. SVP continues to increase preventative maintenance on aging infrastructures, especially power plants, substations, and transmission and distribution infrastructures. Additional operating expenditures have also contributed to higher costs for SVP. A summary of the main drivers for these increased costs include:
· Additional staffing and contractual support are needed to maintain operations and for project delivery.
· Continuing investment in security for substations in anticipation of large events and for longterm operational system reliability. · Planning for repayment of future debt issuance for large capital projects.
2. Reserves:
The proposed rate increase maintains existing reserves at or above the minimum target of approved ranges and ensures sufficient reserve balance prior to future debt issuances. Below is a summary of the anticipated reserve levels:
· The Rate Stabilization Reserve is anticipated to be at the minimum target of 10% of sales revenue by June 30, 2026.
· The Operation and Maintenance Reserve is anticipated to be above the target range of 90 - 180 days of operating expenses by June 30, 2026.
· The infrastructure reserve is anticipated to be within its approved range for SVP by June 30, 2026. The range is based on analysis of critical infrastructure, the likelihood of replacement, and the estimated replacement costs.
It is important to note that operating an electric utility in California has inherent risks and those risks are increasing. While staff has established metrics for reserves to mitigate those risks, future revenue projections assume an increase to reserves and the potential establishment of additional reserves to ensure potential liabilities are addressed. For example, wildfire continues to be a challenge in California, especially with the strict inverse condemnation rules that place the wildfire burden on electric utilities.
3. Donald Von Raesfeld Power Plant:
The rate increase is also driven by the need to recover the cost associated with a catastrophic gasturbine failure at the Donald Von Raesfeld power plant (DVR), including loss of generation revenue, additional transmission costs, turbine rental costs, spare part costs, and additional turbine City of Santa Clara Page 2 of 5 Printed on 12/12/2025
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25-1113 Agenda Date: 12/16/2025
replacement or backup costs.
In summary, the rate increase is projected to generate an additional $15 million in the current fiscal year's operating budget ($31 million in CY 2026 when including forecasted load growth). These funds will help cover the key rate increase drivers described above.
Rate Increase Amounts
In compliance with Article XIIIC of the California Constitution (Proposition 26), the proposed rate increase will not result in the City’s electric rates exceeding the City’s reasonable cost to provide electric service to its customers. Under Proposition 26, a service rate is not a tax if it is imposed for a specific government service provided directly to a ratepayer and is not imposed on those not receiving the service.
Staff propose that rates and charges for all classes of customers be increased on a uniform percentage basis as the cost increase triggering this rate increase proposal has been incurred on behalf of all classes of SVP’s customers. This approach is proposed for both policy and legal reasons.
The average monthly impact of the 4% rate increases by customer class is shown in Attachment 2.
For residential customers who have difficulty absorbing these increases, SVP provides a rate assistance program for income-qualified customers.
Rate Comparisons
With the proposed increase, SVP’s rates will remain significantly below PG&E’s current average bundled rates (effective 09/01/2025).
Table 2: SVP Recommended Rates Compared to PG&E Rates
Rate Type % Below Current
PG&E Rates
Residential 57%
Small Commercial 38%
Large Commercial 48%
Small Industrial 43%
Large Industrial 33%
Very Large Industrial 40%
Ministerial Rate Schedule Language Clarification
In addition to the proposed rate increases, SVP is proposing to make a number of clarifying and administrative changes to certain rates:
1. Minor changes to the CB-1 and CB-3 Rate Schedules to remove an outdated meter provision and clarify holiday definitions.
· Outdated Meter Provision: Current schedules allow customers, upon request, to install and City of Santa Clara Page 3 of 5 Printed on 12/12/2025
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pay for recording-type meters to receive demand forgiveness during off-peak periods. This provision was necessary before all commercial and industrial customers had Advanced Metering Infrastructure (AMI) or AMI-capable meters. As this option is no longer applicable, SVP proposes to remove this provision from CB-1 and CB-3. · Clarification of Holiday Definitions: Holidays used to determine time-of-use (TOU) off-peak periods under CB-1 and CB-3 are those recognized by the North American Electric Reliability Corporation (NERC). This holiday list has been in place since NERC established standardized off-peak definitions for electricity markets and reliability planning. The amended schedules will explicitly define these holidays as “NERC Holidays” to ensure consistency and avoid confusion.
2. Define Eligible Customer-Generators in the Net Energy Metering (NEM) rate schedule to extend the service and NEM rate applicability to the customers beyond the twenty-year limit.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15273 of Title 14 of the California Code of Regulations in that the proposed action is a modification of rates which is needed in order to meet operating expenses and maintain adequate cash reserves, and other reasons set forth in this staff report.
FISCAL IMPACT
The proposed 4% rate increase is anticipated to generate approximately $15 million in additional revenue for the six-month period in Fiscal Year 2025/26 and $33 million in additional revenue in Fiscal Year 2026/27 when including forecasted load growth. These revenue amounts were higher than the assumed revenue in the Fiscal Year 2025/26 Adopted Operating Budget. Budgetary adjustments to revenue will be brought forward to the City Council throughout the year if needed.
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] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
In addition, SVP staff have reached out to Key Accounts (large customers), commercial customers, school districts, and numerous individual customers as well as included information in the City’s newsletter, SVP news subscriptions using GovDelivery, and posting in the Santa Clara Weekly. Staff have also disseminated information via social media: Nextdoor, X (formally Twitter), and Facebook.
RECOMMENDATION
Adopt a Resolution amending the City of Santa Clara Rate Schedules for Electric Utility Services for City of Santa Clara Page 4 of 5 Printed on 12/12/2025
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25-1113 Agenda Date: 12/16/2025
all classes of customers to increase electric rates and charges in each rate schedule by 4.0% and make other modifications, effective January 1, 2026.
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution with attached Rate Schedules for Electric Services for All Classes of Customers, Effective January 1, 2026
2. 2026 Monthly Bill Impact and Rate Comparison Table - All Rate Schedules City of Santa Clara Page 5 of 5 Printed on 12/12/2025
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Resolution/Electric Utility 4% Rate Increase, Effective January 1, 2026 Rev: 7/27/2023