City Council and Authorities Concurrent
May 26, 2026

City of Santa Clara
Joint Meeting Agenda
Call and Notice of Special Meeting of the
City Council and
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMTuesday, May 26, 2026
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page (https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

City of Santa ClaraCity of Santa Clara Page 1 of 11 Printed on 5/22/2026 Meeting Agenda May 26, 2026
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara and the Board of the Santa Clara Stadium Authority Board, to commence and convene on May 26, 2026, at 5:30 pm to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 5:30 PM | Special Meeting - 7:00 PM
5:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

1.A Conference with Legal Counsel-Existing Litigation
Pursuant to Gov. Code § 54956.9(d)(1)
Name
of case: Shahla Montes vs City of Santa Clara et al,
Santa Clara Superior Court, Case no. 22CV398747
26-565

1.B Conference with Real Property Negotiators (City)
Pursuant to Gov. Code § 54956.8
Properties:
--990 Benton
Street, Santa Clara, CA 95050 (APN 269-22-072)
(acquisition)
--777 Benton Street, Santa Clara, CA 95050 (APN 269-16-080) (disposition)
City Negotiators: Jovan D. Grogan, City Manager (and/or designee) and Glen R. Googins, City Attorney (and/or designee) Negotiating Parties: City of Santa Clara and Santa Clara University
Under Negotiation: Purchase/Sale of Real Property interests (provisions, price and terms of payment)
26-556

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Sparacino Conference Room)
7:00 PM SPECIAL JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

2. Proclamation of May 2026 as Jewish American Heritage Month26-591

CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

3.A Action on a Standard Agreement with the California Highway Patrol
for Traffic Management Related Services with a
Projected Cost of $1.6 million for FIFA World Cup and Approve the Related Budget Amendment
26-499

1. Authorize the City Manager to execute the
Standard Agreement with the California Highway
Patrol for traffic control related services for FIFA
World Cup at Levi’s Stadium, in an amount not to
exceed $4,806,520.92 over the period June 2,
2026 - July 2, 2026; and

2. Approve the FY 2025/26 budget amendment in the
General Fund, increasing the Other Fees for
Services estimate by $1,100,000 and increasing
the Non-Departmental appropriation by
$1,100,000 (five affirmative Council votes
required to appropriate additional revenue).

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

3.B Action on an Agreement with South San Joaquin County Fire Authority
for Municipal Hazardous Materials Response Services
with a Projected Cost of $150,000 for FIFA World Cup and Approve Related Budget Amendment; Action on a Resolution Delegating Authority to the City Manager to Negotiate and Execute Future Municipal Hazardous Materials Response
Services Agreements with Public Safety Agencies for
Supplemental HazMat Response Services
26-562

1. Authorize the City Manager to execute the
Agreement with the South San Joaquin County
Fire Authority for Municipal Hazardous Materials
Response Services for FIFA World Cup 2026 at
Levi’s Stadium, in an amount not to exceed
$200,000 over the period of June 2, 2026, to July
2, 2026;

2. Approve a Resolution delegating authority to the
City Manager to negotiate and execute future
Municipal Hazardous Materials Response
Services Agreements with public safety agencies
for supplemental hazmat response services, within
appropriated limits, and subject to approval as to
form by the City Attorney; and

3. Approve the FY 2025/26 budget amendment in the
General Fund, increasing the Other Fees for
Services estimate by $150,000 and increasing the
Non-Departmental appropriation by $150,000
(five affirmative Council votes required to
appropriate additional revenue).

Recommendation:

3.C Action on Subscription License Agreement with Innovative Interfaces,
Inc. for Hosting and Maintenance Services for the
Integrated Library System for a Total Not-To-Exceed Amount of $1,830,992 Over the Full 11-Year Term
26-446
Authorize an increase in the maximum allowable
compensation amount for the Agreement with
Innovative Interfaces, Inc. to account for the five (5) auto-renewing terms of one-year each, for the period
of July 1, 2026 through June 30, 2031, in an amount
not to exceed $918,401, subject to the annual
appropriation of funds, thereby bringing the total
not-to-exceed contract amount to $1,830,992.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

3.D Action on a Memorandum of Understanding Between the City of Santa
Clara and County of Santa Clara for Mental Health
Services and Related Budget Amendment
26-15700

1. Approve and Authorize the City Manager or
designee to execute the Memorandum of
Understanding between the City of Santa Clara
and the County of Santa Clara for Mental Health
Services for the period January 1, 2026 through
December 31, 2028, with a maximum
compensation of $808,029, subject to the
appropriation of funds; and

2. Approve the FY 2026/27 budget amendment in the
Expendable Trust Fund, recognizing other
agencies revenue in the amount of $160,327 and
increasing the Opioid Settlement Funds
appropriation in the amount of $160,327 (five
affirmative Council votes required to
appropriate additional revenue).

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

3.E Action to Authorize the City Manager to Execute Amendments to Agreements
with Moveable, Inc. and Walk Talkin International
LLC for Providing Event Planning and Production Services, to increase the Not-to-Exceed Compensation by $100,000, for a Total Not-to-Exceed authorization of $350,000 for Each
Agreement
26-383

1. Authorize the City Manager or designee to execute
Amendment No. 1 with Moveable Inc. to increase
the maximum compensation by $100,000 for event
production services, for a revised not-to-exceed
maximum compensation amount of $350,000,
subject to appropriation of funds;

2. Authorize the City Manager or designee to execute
Amendment No. 1 with Walk Talkin International
LLC to increase the maximum compensation by
$100,000 for event production services, for a
revised not-to-exceed maximum compensation
amount of $350,000, subject to appropriation of
funds and to allow for up to $5,000 of the
additional $100,000 to be used for payment
towards the costs of production of the Stadium
Event; and

3. Authorize the City Manager or designee to take all
actions necessary to implement and administer
the Agreements with Moveable Inc, and Walk
Talkin International LLC, including negotiating and
executing future amendments to (i) add or delete
related line item services; (ii) implement rate
adjustments on the terms provided in Exhibit B,
and (iii) make de minimis changes, provided that
the total not-to-exceed maximum compensation is
not exceeded, subject to the appropriation of funds
and review and approval as to form by the City
Attorney.

Recommendation:

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

CONSENT ITEMS PULLED FOR DISCUSSION

4.A Board, Commissions and Committee Minutes (Deferred from May 5, 2026)
26-567
Note and file the Minutes of Parks & Recreation
Commission - March 9, 2026.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

4.B Action to Authorize the City Manager to Execute an Agreement with
Colony Landscape and Maintenance, Inc. for Thatch
Removal and Related Services at the Youth Soccer Park and Approve Related Budget Amendments (Deferred from May 19, 2026)
26-600

1. Authorize the City Manager or designee to execute
a Service Agreement with Colony Landscape and
Maintenance, Inc. for thatch removal and related
services at the Youth Soccer Park, for a maximum
compensation amount of $564,184, in substantially
the form provided in Attachment 2 and subject to
the review and approval as to form by the City
Attorney;

2. Authorize the City Manager or designee to take
any action necessary to implement the Service
Agreement and to negotiate and execute future
amendment(s) to (i) increase compensation up to
a maximum amount of $648,812 for authorized
use of contingency funding, (ii) add or delete
services associated with the original scope of
services, and (iii) and make de minimis changes,
provided that the total maximum compensation is
not exceeded, subject to the review and approval
as to form by the City Attorney; and

3. Approve the following FY 2025/26 Budget
Amendments:
a. In the Parks and Recreation Capital fund,
increase the transfer from the General Fund by
$107,913, increase the Youth Sports Park
Improvement project appropriation by
$522,422, and decrease the Mitigation Fee
Act Fees ending fund balance by $414,509
(five affirmative Council votes required to
appropriate additional revenue and for the
use of unused balances); and
b. In the General Fund, increase the Rents and
Royalties revenue estimate by $107,913 and
increase the transfer to the Parks and
Recreation Capital Fund by $107,913 (five
affirmative Council votes required to
appropriate additional revenue).

Recommendation:

PUBLIC HEARING/GENERAL BUSINESS

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

5. Update to City Council on Implementation of City Council Policy 056 -
Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes and provide feedback on policy
implementation (Deferred from May 19, 2026)
26-599
Receive the report and provide input or further
direction to staff regarding Policy 056 implementation
as Council deems appropriate.

Recommendation:

6. Action on Adoption of a Resolution Designating the FIFA World Cup
2026 Special Event Zone and Special Event Time Period
Pursuant to the City’s Special Event Zone Ordinance
26-360
Adopt a Resolution designating the FIFA World Cup
2026 Special Event Zone and Special Event Time
Period Pursuant to the City’s Special Event Zone
Ordinance.

Recommendation:

7. Report on City Vacancies and Recruitment Efforts, Pursuant to Assembly Bill (AB) 2561
26-509
Note and File the Report on City Vacancies and
Recruitment Efforts, Pursuant to Assembly Bill (AB)
2561.

Recommendation:

8. Action on Resolution Adopting Council Policy 057 Establishing Procedures
to be Followed in the Event of a Disruption of
Telephonic Service or Internet-Based Audio-Visual Platform During a Council Meeting
26-504
Adopt a Resolution Approving and Adopting Council
Policy 057 Establishing Procedures to be Followed in
the Event of a Disruption of Telephonic Service or
Internet-Based Audio-Visual Platform During a
Council Meeting, in Accordance with Senate Bill 707.

Recommendation:

9. Action on Council Policy Establishing an Annual Performance Review Process for Council Appointees
26-586
Adopt a Resolution approving new Council policy 058
establishing a performance evaluation process for
Council appointees.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, June 9, 2026 in the City Hall Council Chambers.

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda May 26, 2026

MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

California Government Code Section 84308, most recently amended by SB 1243, commonly referred to as the "Levine Act," prohibits a local elected official or quasi-judicial appointed official from participating in any action related to a contributor’s contract, license, permit, or use entitlement if he/she/it receives any campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision has been made, from the party, participants, or agents in the proceeding. Parties, Participants or Agents for a proceeding involving a license, permit, or other use entitlement pending before the City Council or a City quasi-judicial body must complete the California Levine Act Disclosure Statement prior to their proceeding.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) 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.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-565 Agenda Date: 5/26/2026

SUBJECT
Conference with Legal Counsel-Existing Litigation
Pursuant to Gov. Code § 54956.9(d)(1)
Name of case: Shahla Montes vs City of Santa Clara et al, Santa Clara Superior Court, Case no. 22CV398747
City of Santa Clara Printed on 5/22/2026Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-556 Agenda Date: 5/26/2026

REPORT TO COUNCIL

SUBJECT
Conference with Real Property Negotiators (City)
Pursuant to Gov. Code § 54956.8
Properties:
--990 Benton Street, Santa Clara, CA 95050 (APN 269-22-072) (acquisition) --777 Benton Street, Santa Clara, CA 95050 (APN 269-16-080) (disposition) City Negotiators: Jovan D. Grogan, City Manager (and/or designee) and Glen R. Googins, City Attorney (and/or designee)
Negotiating Parties: City of Santa Clara and Santa Clara University Under Negotiation: Purchase/Sale of Real Property interests (provisions, price and terms of payment)
City of Santa Clara Printed on 5/22/2026Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-591 Agenda Date: 5/26/2026

REPORT TO COUNCIL

SUBJECT
Proclamation of May 2026 as Jewish American Heritage Month

BACKGROUND
In recognition of the enduring contributions of Jewish Americans to the cultural, civic, economic, and social fabric of the United States, President George W. Bush first proclaimed Jewish American Heritage Month (JAHM) on April 20, 2006, through the collaborative efforts of Senator Arlen Specter, the Jewish Museum of Florida, and the South Florida Jewish community.

In 2020, the National Museum of American Jewish History in Philadelphia helped reposition Jewish American Heritage Month as a nationwide celebration held each May to honor the rich history, culture, and contributions of Jewish Americans; educate diverse communities about Jewish heritage and traditions; and inspire meaningful conversations about the American Jewish experience, both past and present.

May was selected for Jewish American Heritage Month in recognition of the historic 350th anniversary of Jewish life in America, commemorating the arrival of the first Jewish settlers in New Amsterdam, now known as New York City.

DISCUSSION
Each May, hundreds of organizations and Americans of all backgrounds come together to discover, explore, and celebrate the vibrant and diverse American Jewish experience from the founding of our nation to the present day.

Jane Faershtein and Moshe Gat from the Bay Area Jewish Coalition will be present to receive the Proclamation.

The Bay Area Jewish Coalition (BAJC) is a grassroots organization dedicated to ensuring that Jewish and Israeli Americans can thrive and live safely throughout the Bay Area.

Formed in the wake of the October 7, 2023, terrorist attack in Israel, BAJC works to address the alarming rise in antisemitism through impactful, community-driven solutions and advocacy efforts.

BAJC believes in the power of unity and collaboration, working closely with Jewish organizations, community leaders, schools, colleges, and local governments throughout the region. The organization serves as “boots on the ground” support for Jewish families experiencing antisemitism and advocates for the safety, inclusion, and well-being of the Jewish community.

ENVIRONMENTAL REVIEW
City of Santa Clara Printed on 5/22/2026Page 1 of 2
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26-591 Agenda Date: 5/26/2026
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act ("CEQA") is required.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

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.

Reviewed by: Aimee Escobar, Management Analyst, City Manager’s Office Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Proclamation of May 2026 as Jewish American Heritage Month City of Santa Clara Printed on 5/22/2026Page 2 of 2
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City of SantaClara

WHEREAS, President George W. Bush first proclaimed Jewish American Heritage Month (JAHM) on April 20, 2006, as a result of cooperation with Senator Arlen Specter, as well as the Jewish Museum of Florida and the South Florida Jewish Community; and WHEREAS, in 2020 the National Museum of American Jewish History in Philadelphia repositioned Jewish American Heritage Month to May to empower communities across the country to celebrate the inspiring history of Jewish people in America; educate diverse public audiences about Jewish culture; and spark crucial conversations about the American Jewish present and future ; and WHEREAS, May was chosen as the month of Jewish American Heritage Month because of the successful 350th Anniversary Celebration of Jews in America marking the Jewish arrival in New Amsterdam . Each May, hundreds of organizations and Americans of all backgrounds join together to discover, explore, and celebrate the vibrant and varied American Jewish experience from the dawn of our nation to the present day; and
WHEREAS, the City of Santa Clara is committed to inclusion and human dignity, and actively condemns antisemitism and all forms of hate, ensuring Jewish Americans are fully embraced in every aspect of civic and communal life.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the City of Santa Clara, do hereby proclaim the month of May 2026, as

JEWISH AMERICAN HERITAGE MONTH

in the City of Santa Clara and do hereby urge all citizens to recognize and celebrate American Jews' achievements and contributions to the United States of America during the month of May.

Given under my hand and the Seal of the City of Santa Clara, California, this 26th day of May 2026.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ALBERT GONZALEZ
VICE MAYOR, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5

KELLY G. COX
COUNCILMEMBER, DISTRICT 6
Proclamation

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-499 Agenda Date: 5/26/2026

REPORT TO COUNCIL

SUBJECT
Action on a Standard Agreement with the California Highway Patrol for Traffic Management Related Services with a Projected Cost of $1.6 million for FIFA World Cup and Approve the Related Budget Amendment

BACKGROUND
The California Highway Patrol (“CHP”) has acted as a partner agency, providing necessary supplemental law enforcement services at Levi’s Stadium events, since 2014, pursuant to various agreements approved by the City Council. On June 25, 2024, the City Council and Stadium Authority Board approved a standard agreement with the California Highway Patrol for traffic management and support services for special events held at Levi’s Stadium. CHP duties include traffic management, air operations, SWAT, bicycle patrol, crowd control, and other law enforcement duties, including but not limited to fixed or mobile positions, for which CHP bills the City according to the hourly rates listed in the agreement. The term of the agreement is July 1, 2024 through June 30, 2028, and has a not-to -exceed limitation of $5 million. The costs associated with CHP’s services at the Stadium are required to be reimbursed to the City in accordance with Measure J.

As stated in the Agenda Report supporting the 2024 agreement with the CHP (Attachment 1), the parties contemplated a separate, stand-alone agreement with the CHP for services provided in connection with the Super Bowl and FIFA World Cup. On January 13, 2026, the City Council approved an agreement with the CHP for Traffic Management Services related to Super Bowl LX (Attachment 2).

The proposed agreement for services provided in connection with FIFA World Cup has a scope of work as follows, “The Contractee, City of Santa Clara agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for 2026 Fédération Internationale de Football Association (FIFA) World Cup events at the Levi’s Stadium provided by the CHP San Jose Area office.” The term of this new agreement is for June 2, 2026 - July 2, 2026, with a maximum compensation of $4,806,520.92 (Attachment 3). As described below, the actual expected expense associated with the CHP services for this period are much lower than the maximum compensation figure stated in the agreement.

DISCUSSION
As the lead law enforcement agency, the Police Department secures local, State, and Federal resources, as necessary, to implement security measures, and corresponding contingency plans, in anticipation of the events currently planned at Levi’s Stadium. This includes, but is not limited to, mitigating traffic congestion for event patrons and local traffic, providing a safe venue for attendees, performers, and stadium personnel as well as preventing intrusion into neighborhoods while maintaining access to adjacent business properties. The Police Department is the lead in obtaining City of Santa Clara Printed on 5/22/2026Page 1 of 4
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26-499 Agenda Date: 5/26/2026
the necessary approvals required to enter into agreements with law enforcement partners.

The CHP has been an essential public safety partner in the implementation of traffic management and event plans for Levi’s Stadium events. Since 2014, CHP has provided vehicles, radios, personnel, and other necessary equipment for traffic management and related support services on Highway 101 and Route 237, in which they have jurisdiction over. In addition, CHP is instrumental in helping the Police Department obtain threat intelligence information.

The number of CHP personnel necessary to implement the plans varies according to the event type, day and time, anticipated attendance, dignitaries present, intelligence gathered, and potential threat (s). The standard agreement terms require compensation to be paid according to a CHP hourly employee cost (e.g., salary, benefits, overhead, etc.) from their home station to their return to the home station, including mileage. Air support services are anticipated for FIFA World Cup events.

The not to exceed amount under the agreement includes contingency capacity for the maximum deployment of CHP personnel and resources that could be made available by CHP to support public safety operations associated with FIFA World Cup events, even though current operational planning anticipates only a limited deployment. While CHP support will be used for event operations, deployment levels will be based on operational needs, threat assessments, intelligence, attendance, traffic conditions, and other public safety considerations. At present, it is estimated that $1.6M will be utilized under this contract for services related to FIFA World Cup events. The maximum staffing levels and associated costs ($4.8M) represent an upper-limit contingency and are not expected to be fully utilized but instead provide operational flexibility should additional resources become necessary for crowd management, traffic control, incident response, roadway safety, or other law enforcement functions.

As noted in the Fiscal Impact section of this report, the services to be provided by the California Highway Patrol qualify as event-related governmental services under the FIFA World Cup 2026 Assignment and Assumption Agreement. Pursuant to the terms of the agreement, the Bay Area Host Committee is responsible for reimbursing the City and Stadium Authority for all costs incurred in connection with event planning, preparation, and operations, including public safety personnel and mutual aid resources. Estimated costs associated with CHP services have been incorporated into preliminary event cost projections, with additional specialized services (e.g., air support) subject to ongoing coordination and refinement. This reimbursement framework is consistent with the approach previously approved by the City Council for Super Bowl LX and is anticipated to result in no net fiscal impact to the City, subject to final cost reconciliation and reimbursement.

The differences between the 2024 Agreement with the CHP and the proposed Agreement for FIFA World Cup are as follows:
· The short notice cancellation fee increased from $50 to $150. · All hourly rates increased by an average of 9%, except (1) the airplane rate decreased significantly (from $850.62/hr. to $739.96/hr.), and (2) the Motorcycle Sgt rate is unchanged.

Additionally, the hourly rate of a Motorcycle Officer ($140.15/hr.) was added. · The General Terms and Conditions (“GTC”) has been updated by the State to GTC 2/2025 from the prior version (GTC 4/2017) but the only substantive difference in the new 2025 GTC is that the state has added a generative AI disclosure obligation that requires the City to disclose if we plan to use AI with regard to CHP’s performance of services (we do not).

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26-499 Agenda Date: 5/26/2026
The difference between the Super Bowl LX agreement and the proposed agreement for FIFA World Cup is the addition of the Motorcycle Officer rate ($140.15/hr.).

The indemnity obligation, highlighted in the 2024 Agenda Report, remains unchanged. The terms and conditions of the agreement are not negotiable.

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
As mentioned in the staff report, while the maximum compensation of the agreement is $4,806,520.92, staff does not anticipate this level of costs. Based on current planned deployment, the Department estimates approximately $1.6 million of CHP services for the FIFA World Cup events. As part of the development of the FY 2025/26 and FY 2026/27 Adopted Operating Budget, $0.5 million was initially appropriated in FY 2025/26. Staff recommends increasing the budget to align with anticipated activity as detailed in the table below.

Budget Amendment
FY 2025/26
Current Increase/
(Decrease)
Revised
General Fund
Revenue
Other Fees for Services $59,445,453 $1,100,000 $60,545,453 Expenditure
Non-Departmental $40,484,838 $1,100,000 $41,584,838
The services to be provided by the California Highway Patrol qualify as event-related governmental services under the FIFA World Cup 2026 Assignment and Assumption Agreement. Pursuant to the terms of the agreement, the Bay Area Host Committee is responsible for reimbursing the City and Stadium Authority for all costs incurred in connection with event planning, preparation, and operations, including public safety personnel and mutual aid resources. Estimated costs associated with CHP services have been incorporated into preliminary event cost projections, with additional specialized services (e.g., air support) subject to ongoing coordination and refinement. This reimbursement framework is consistent with the approach previously approved by the City Council for Super Bowl LX and is anticipated to result in no net fiscal impact to the City, subject to final cost reconciliation and reimbursement.

If additional CHP services are needed beyond the budgeted amount, staff will bring forward a budget amendment at the June 23rd City Council meeting.

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26-499 Agenda Date: 5/26/2026

COORDINATION
This report was coordinated with the Finance Department 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

1. Authorize the City Manager to execute the Standard Agreement with the California Highway Patrol for traffic control related services for FIFA World Cup at Levi’s Stadium, in an amount not to exceed $4,806,520.92 over the period June 2, 2026 - July 2, 2026; and

2. Approve the FY 2025/26 budget amendment in the General Fund, increasing the Other Fees for Services estimate by $1,100,000 and increasing the Non-Departmental appropriation by $1,100,000 (five affirmative Council votes required to appropriate additional revenue).

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

ATTACHMENTS

1. Agenda Report and attachments for 2024 Agreement with CHP (24-191)

2. Agenda Report and attachments for 2026 Agreement with CHP for Super Bowl LX (26-51)

3. Proposed Agreement with CHP for services provided in connection with FIFA World Cup City of Santa Clara Printed on 5/22/2026Page 4 of 4
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(
City of Santa Clara
Agenda Report
24-191

REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
Agenda Date: 6/25/2024
Action on a Standard Agreement with the California Highway Patrol for Traffic Management and Law Enforcement Services Related to Levi's Stadium Events

COUNCIL PILLARS
Deliver and Enhance High Quality Efficient Services and Infrastructure Ensure Compliance with Measure J and Manage Levi's Stadium

BACKGROUND
On May 6, 2014, the City Council approved a standard agreement with the California Highway Patrol (CHP) for traffic management and support services provided by the CHP for special events at Levi's Stadium. CHP duties include traffic management, air operations, SWAT, bicycle patrol, and crowd control. Through the Standard Agreement including the State's mandatory "General Terms and Conditions" (some of which are inapplicable to the present agreement) the City is required to indemnify and defend the State for claims resulting from injury or damage caused by City employees in connection with CH P's services. The terms and conditions of the agreement are not negotiable.

The term of the original agreement was July 1, 2014 through June 30, 2016, totaling $1,724,811.

When this agreement was initially established, the Police Department estimated 23 events that would require CHP services. On July 14, 2015, the City Council approved Amendment No. 1 to increase the funding of the original agreement by $1,000,000 to $2,724,811 over the same term to address the increase in events over the preliminary projection. The amendment addressed the revised projection of 45 events scheduled during the contract period.

On July 19, 2016, the City Council approved Amendment No. 2 to extend the term of the agreement with CHP for an additional 24 months, retroactive to June 30, 2016 and extending through June 30, 2018. Amendment No. 2 increased the agreement by $1,700,000, for a total not to exceed amount of $4,424,811.

On June 12, 2018, the City Council approved Amendment No. 3 to extend the term of t~e agreement with CHP from July 1, 2018 through June 30, 2020. Amendment No. 3 added $1,500,000 for a maximum amount not to exceed $5,924,811.

On June 23, 2020, the City Council approved Amendment No. 4 which added $2,500,000 to the agreement, extended the term from July 1, 2020 through June 30, 2022 and adjusted the maximum amount not to exceed $8,424,811.

Most recently, Amendment No. 5 extended the term of the agreement for traffic management and support related services from June 30, 2022 to June 30, 2024 and added $2,875,189 for a total not to City of Santa Clara Page 1 of 4 Printed on 8/26/2025
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24-191 Agenda Date: 6/25/2024
exceed amount of $11,300,000 . All other terms and conditions remained the same; during this timeframe the Police Department continued to receive the CHP's annual salary and benefit overtime rate sheet by classification according to the collective bargaining agreement.

The costs associated with the CHP's services at the Stadium are required to be reimbursed to the City in accordance with Measure J. From July 2014 through March 2024, approximately $9,370,047 in CHP services have been paid and subsequently reimbursed.

A new Standard Agreement with CHP for traffic management and law enforcement services for Levi's Stadium events with a not to exceed amount of $5,000,000 over a four-year term is being presented to the Council for its approval.

DISCUSSION
Levi's Stadium has been the host to 185 public events with an attendance of over 20,000 since its opening in August 2014.

As the lead law enforcement agency, the Police Department secures local, State, and Federal resources, as necessary, to implement security measures, and corresponding contingency plans, in anticipation of the events currently planned at Levi's Stadium. This includes, but is not limited to, mitigating traffic congestion for event patrons and local traffic, providing a safe venue for attendees, performers, and stadium personnel as well as preventing intrusion into neighborhoods while maintaining access to adjacent business properties . The Police Department is also the lead in obtaining the necessary approvals required to enter into agreements with law enforcement partners.

The CHP has been an essential public safety partner in the implementation of the traffic management and event plans for Levi's Stadium events . Since 2014, CHP has provided vehicles, radios, personnel, and other necessary equipment for traffic management and related support services on Highway 101 and Route 237, which they have jurisdiction over. In addition, CHP is also instrumental in helping the Police Department obtain threat intelligence information.

The number of CHP personnel necessary to implement the plans varies according to the event type, day and time, anticipated attendance, dignitaries present, intelligence gathered, and potential threat (s). The standard agreement requires compensation to be paid according a CHP hourly employee cost (e.g., salary, benefits, overhead, etc.) from their home station to their return to the home station, including mileage.

In Fiscal Year 2023/24, there were 12 NFL events and six non-NFL events. The average CHP cost was approximately $49,576 per NFL event and $48,153 per non-NFL event.

As of the writing of this report, there are 14 events scheduled for Fiscal Year 2024/25 (10 NFL events and four non-NFL events); it is unknown how many additional event(s) may be scheduled over this timeframe . In addition , there are seven significant events scheduled (e.g., Super Bowl LX and FIFA World Cup 2026) for Fiscal Years 2025/26 and 2026/27; a separate Agreement will be crafted to address these events with the CHP and other entities as needed. As written, this new Agreement is for traffic management and law enforcement services over a four-year term from July 1, 2024 to June 30, 2028 with a not to exceed amount of $5,000,000 . All other terms and conditions will remain the same, and the City will reimburse CHP based on the agency's rates, including any rate increases in salary and benefits which are governed by the agency's respective collective bargaining agreements.

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24-191 Agenda Date: 6/25/2024
Below is a schedule of upcoming major events at Levi's Stadium :

DAY/ DATE EVENT
July 2, 2024 COPA America - Brazil vs Colombia
July 17, 2024 Rolling Stones
July 24, 2024 Chelsea FC vs Wrexham AFC
July 27, 2024 San Jose Earthquakes vs Chivas Guadalajara J\ugust 18, 2024 San Francisco 49ers vs New Orleans Saints September 9, 2024 San Francisco 49ers vs New York Jets
September 29, 2024 San Francisco 49ers vs New England Patriots October 6, 2024 San Francisco 49ers vs Arizona Cardinals October 20, 2024 San Francisco 49ers vs Kansas City Chiefs October 27, 2024 San Francisco 49ers vs Dallas Cowboys
November 17, 2024 San Francisco 49ers vs Seattle Seahawks December 8, 2024 San Francisco 49ers vs Chicago Bears
December 12, 2024 San Francisco 49ers vs Los Angeles Rams December 30, 2024 San Francisco 49ers vs Detroit Lions
February 2026 Super Bowl LX*
June 13, 2026 FIFA World Cup 2026*
June 16, 2026 FIFA World Cup 2026*
June 19, 2026 FIFA World Cup 2026*
June 22, 2026 FIFA World Cup 2026*
June 25, 2026 FIFA World Cup 2026*
July 1, 2026 FIFA World Cup 2026*
* As noted above, a separate agreement with the CHP and other agencies wtll be drafted to support these events.

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
This Standard Agreement with CHP for traffic management and law enforcement services for Levi's Stadium events is for a not to exceed amount of $5,000,000 over four years, July 1, 2024 - June 30, 2028, to provide necessary traffic management and related support services at the venue. Funding for this agreement has been factored into the Fiscal Year 2024/25 Non-Departmental operating budget appropriation, subject to approval. For future Fiscal Years, funding for this agreement will likewise be subject to the appropriation of funds.

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24-191 Agenda Date: 6/25/2024
Per Measure J, the City cannot be liable for the obligations of the Stadium Authority, including operating expenses. As such, all public safety services for Levi's Stadium events provided by or paid for by the City, including specialized traffic management and law enforcement services provided through this Agreement, will be reimbursed to the City by the 49ers and Stadium Authority for their respective events.

COORDINATION
This report was coordinated with the Finance Department and City Attorney's Office.

RECOMMENDATION
Authorize City Manager to execute the Standard Agreement with the California Highway Patrol for traffic management and law enforcement services for Levi's Stadium events, in an amount not to exceed $5,000,000 over a four-year term (July 1, 2024 - June 30, 2028).

Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Proposed State of California Standard Agreement

2. Exhibit C General Terms and Conditions (GTC 04/2017) City of Santa Clara Page 4 of4 Printed on 8/26/2025
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State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Business Services Section
Contract Services Unit
601 N. 7th Street
Sacramento, CA 95811
(916) 843-3610
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
May 30, 2024
City of Santa Clara (Santa Clara Police Department)
601 El Camino Real
Santa Clara, CA 95050
Subject: Agreement Number 24R340002-0
Congratulations, you have been awarded the agreement. Please complete the following marked item(s) and return to the above address within ten (10) business days:
..t STD. 213, Standard Agreement with attached exhibits. Sign the first page of the STD. 213 and email back to Contract Analyst.

STD. 213A, Standard Agreement Amendment. Sign the first page of the STD. 213A, sign the additional single STD. 213A, and return both copies.

STD. 210, Short Form Contract. Sign and return both copies.

STD. 204, Payee Data Record. Complete and return .
..t CCC, Contractor Certification Clauses. Complete and return.

Obtain and forward the liability insurance certificate required by the terms of the Agreement. ~ Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement. STD. 807, Payment Bond. Complete and return one copy.

CHP 28, Voluntary Statistical Data. Complete and return.

CHP 78V, Conflict ofinterest & CHP 116, Darfur Certification Letter of Agreement. Sign and return both copies.

Contract status.

The enclosed agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.

The enclosed approved agreement is for your records. You are now authorized to provide services.

KELLIE AU
Contract Analyst
Enclosures
Safety, Service, and Security An Internationally Accredited Agency Cover Letter_0119.xft
SCO ID: 2720-24R340002
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .------ -------.----- ----- - -------,

STANDARD AGREEMENT AGREEMENT NUMBER
24R340002
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTOR NAME
City of Santa Clara

2. The term of this Agreement is:

START DATE
07/01/2024

THROUGH END DATE
06/30/2028

3. The maximum amount of this Agreement is:
$5,000,000.00 (Five Millions Dollars and Zero Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions (GTC) 04/2017
+ ...- Exhibit D Special Terms and Conditions
-
tems shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at htrps:/lwww.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Clara

CONTRACTOR BUSINESS ADDRESS
601 El Camino Real

PRINTED NAME OF PERSON SIGNING

CONTRACTOR AUTHORIZED SIGNATURE

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTING AGENCY ADDRESS
601 North 7th Street

PRINTED NAME OF PERSON SIGNING

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
CITY
Santa Clara
TITLE

DATE SIGNED
CITY
Sacramento
TITLE

DATE SIGNED
EXEMPTION (If Applicable)
Pages
2 1
*
2 I
STATE
CA I
ZIP
95050
I
STATE
CA I
ZIP
95811

,I.
,
City of Santa Clara
and Department of California Highway Patrol
Agreement #24R340002
Exhibit A page l of 2

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK
1 . The Contractee, City of Santa Clara agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for planned events at the Levi's Stadium provided by the CHP San Jose Area office.

2. The services shall be provided during:

The hours of duty performed by CHP Peace Officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for traffic control can be requested and/or on an "as needed" basis and must be mutually agreed upon by the local CHP command and the City of Santa Clara.

3. The services shall be provided at:

Levi's Stadium
4900 Marie P Debartolo Way
Santa Clara, CA 95054

4. The Project Representatives during the term of this Agreement will be:

STATE AGENCY CONTRACTEE
De artme nt of California Hi Cit of Santa Clara

NAME NAME
Sean Fitzgerald, Lieutenant Patrick Nikolai, Chief of Police TELEPHONE NUM6ER EMAIL TELEPHONE NUMBER
408 9 6 1-0900 408 615-4890 408 261-9165
Direct all inquiries to :

STATE AGENCY CONTRACTEE
Depa rtment of California Hiqhwav Patrol City of Santa Clara SECTioN/UNIT SECTION/UNIT
Business Services Section/CSU Santa Clara Police Depart ment

ATTENTION ATTENTION
Kellie Au, Contract Analyst Richard Fitting, Captain

ADDRESS ADDRESS
601 North 7th Street 601 El Camino Real
Sacramento, CA 9581 l Santa Clara, CA 95050
TEU:PHONE NUMBER EMAIL TELEPHONE NUMBER EMAIL
(916) 843-4344 Kellie.au @chQ.ca .gov ( 408) 6 1 5-4804 Rf itting @sa ntac!ara ca .gov SCOPE OF WORK (Continued)
City of Santa Clara
and Department of California Highway Patrol
Agreement #24R340002
Exhibit A page 2 of 2

EXHIBIT A
(Standard Agreement)

4. Detailed description of work to be performed :

A. CHP San Jose Area office shall provide CHP Peace Officer(s) with vehicles and coordinate traffic control. CHP Peace officer(s) may assist with other public safety needs, including but not limited to fixed or mobile positions to support law enforcement event operations . Should the CHP San Jose Area be unable to fill the necessary staffing, the shortage of CHP Peace Officers will be utilized from out-of-Area uniformed personnel.

B. The traffic enforcement service to be performed by CHP Peace Officer(s) under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP.

C. It is understood by City of Santa Clara that billing of CHP Peace Officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D.

D. If the CHP Peace Officer(s) has reported to the assigned location and has worked less than four (4) hours, City of Santa Clara agrees to pay every assigned CHP Peace Officer(s) a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift.

E. If the CHP Peace Officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the Peace Officer(s) away from the service location, City of Santa Clara will be billed only for the Peace Officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement.

5. CANCELLATION
A. City of Santa Clara shall not be charged for service cancellations made more than twenty-four (24) hours prior to the scheduled assignment.

B. City of Santa Clara agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and the assigned CHP Peace Officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP Peace Officer.

C. City of Santa Clara agrees that if service cancellation is made within 24 hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, City of Santa Clara shall only be charged a short notice service cancellation fee of $50.00 per assigned CHP Peace Officer(s).

D. All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding State holidays.

E. The CHP agrees to make reasonable efforts to notify the assigned CHP Peace Officer(s) of the service cancellation.

J.

City of Santa Clara
and Department of California Highway Patrol
Agreement #24R340002
Exhibit B page 1 of 1

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS
1 . Invoicing and Payment
A. The CHP shall provide City of Santa Clara with an itemized invoice which details all CHP costs for traffic control services under this Agreement.

Monthly itemized invoices will be submitted in duplicate to:

City of Santa Clara
Santa Clara Police Department
601 El Camino Real
Santa Clara, CA 95050
Attn: Jenifer Silveria, Office Specialist
Phone: ( 408) 615-4814
City of Santa Clara agrees to pay CHP within thirty (30) days after the date of the invoice.

8. In consideration for the traffic control services contained here, the City of Santa Clara agrees to reimburse the CHP upon receipt of an itemized invoice, for both the actual hours worked by CHP Peace Officer(s) (at the overtime rate described below), and at the time services are provided .

The rates indicated in this Agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event the CHP is granted a rate increase, the City of Santa Clara shall pay the increased rate. The following information is the CHP's Peace Officer(s) overtime and mileage rates effective Fiscal Year 23/24, until superseded:

CLASSIFICATION
CHP Officer
CHP Sergeant
MIC Sergeant
Pilot Officer
Flight Officer
Airplane
CHP Automobile
CHP Motorcycle

OVERTIME RATE
$ 122.51 per hour
$ 149 .05 per hour
$ 154. 98 per hour
$ 143.13 per hour
$ 128.01 per hour
$ 850.62 per hour
$ 1 .66 per mile
$ 1 .60 per mile

SPECIAL TERMS AND CONDITIONS
City of Santa Clara
and Department of California Highway Patrol
Agreement #24R340002
Exhibit D page 1 of 2

EXHIBIT D
(Standard Agreement)

1. The CHP and City of Santa Clara agree this Agreement may be canceled by either party with thirty (30) days advance written notice.

2. In the event of an emergency, this Agreement may be canceled by either party without prior notice.

3. The CHP and City of Santa Clara, agree that this Agreement may be amended by written mutual consent of the parties hereto.

4. Unforeseen events may require CHP Peace Officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred.

5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at state expense, which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by City of Santa Clara or such need for repair or replacement of property arises directly from City of Santa Clara gross misconduct or willful negligence with respect to the property .

6. Gifts, donations, or gratuities may not be accepted by CHP employees in their own behalf or on behalf of the Department, informal squad club, or other local funds.

7. City of Santa Clara agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. City of Santa Clara agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. City of Santa Clara agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, City of Santa Clara agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code§ l 0115 et CCR Title 2, Section 1896).

8. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. ,I.
,
City of Santa Clara
and Department of California Highway Patrol
Agreement #24R340002
Exhibit D page 2 of 2

EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS (Continued)

9. The City of Santa Clara agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Santa Clara.

CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California.

Contractor/Bidder Firm Name (Printed) Federal ID Number I By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANC E: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a-t) and CCR, Title 2, Section 11102) (Not applicable to public entities .)

2. DRUG-FREE WORKPLAC E REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the I
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub.

Contract Code § 10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRlA TE CORPORA TlONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEA TFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department oflndustrial Relations website located at www.dir.ca.gov , and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department oflndustrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section l 0295.3.

8. GENDER IDENTITY: For contracts of$ l 00,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section l 0295 .35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
l. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § l 04 l 0):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § l 041 l ):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § I 0420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 ( e )) I

2. LABOR CODE/WORK ERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt oflegal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PA YEE DAT A RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

General Terms and Conditions (GTC 04/2017)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services , if required . Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR : Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision ( c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act ( Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEAB LE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS : If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353 .

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§ 14841.)
V

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-51 Agenda Date: 1/13/2026

REPORT TO CITY COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
Action on a Standard Agreement with the California Highway Patrol for Traffic Management Related Services for Super Bowl LX

BACKGROUND
The California Highway Patrol (“CHP”) has acted as a partner agency, providing necessary supplemental law enforcement services at Levi’s Stadium events, since 2014 pursuant to various agreements approved by the City Council. Most recently, on June 25, 2024, the City Council and Stadium Authority Board approved a standard agreement with the California Highway Patrol (CHP) for traffic management and support services for special events held at Levi’s Stadium. CHP duties include traffic management, air operations, SWAT, bicycle patrol, crowd control, and other law enforcement duties, including but not limited to fixed or mobile positions, for which CHP bills the City according to the hourly rates listed in the agreement. The term of the agreement is July 1, 2024 through June 30, 2028, and has a not-to-exceed limitation of $5 million. The costs associated with the CHP’s services at the Stadium are required to be reimbursed to the City in accordance with Measure J.

As stated in the Agenda Report supporting the 2024 agreement with the CHP (Attachment 1), the parties contemplated a separate, stand-alone, agreement with the CHP for services provided in connection with the Super Bowl and FIFA World Cup. Accordingly, the proposed agreement has a scope of work as follows, “The Contractee, City of Santa Clara agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for Super Bowl LX at the Levi’s Stadium provided by the CHP San Jose Area office.” The term of this new agreement is for one week, from February 1 to February 9, 2026, with a maximum compensation of $1,100,000 (Attachment 2).

DISCUSSION
As the lead law enforcement agency, the Police Department secures local, State, and Federal resources, as necessary, to implement security measures, and corresponding contingency plans, in anticipation of the events currently planned at Levi’s Stadium. This includes, but is not limited to, mitigating traffic congestion for event patrons and local traffic, providing a safe venue for attendees, performers, and stadium personnel as well as preventing intrusion into neighborhoods while maintaining access to adjacent business properties. The Police Department is also the lead in obtaining the necessary approvals required to enter into agreements with law enforcement partners.

The CHP has been an essential public safety partner in the implementation of the traffic management and event plans for Levi’s Stadium events. Since 2014, CHP has provided vehicles, radios, personnel, and other necessary equipment for traffic management and related support services on Highway 101 and Route 237, which they have jurisdiction over. In addition, CHP is also instrumental City of Santa Clara Printed on 1/9/2026Page 1 of 3
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26-51 Agenda Date: 1/13/2026
in helping the Police Department obtain threat intelligence information.

The number of CHP personnel necessary to implement the plans varies according to the event type, day and time, anticipated attendance, dignitaries present, intelligence gathered, and potential threat (s). The standard agreement terms require compensation to be paid according to a CHP hourly employee cost (e.g., salary, benefits, overhead, etc.) from their home station to their return to the home station, including mileage. For the Super Bowl event, air support services are anticipated.

The differences between the 2024 agreement and the proposed agreement for SBLX are as follows:
· The short notice cancellation fee increased from $50 to $150 · All hourly rates increased, except (1) the airplane rate decreased significantly (from $850.62/hr to $739.96/hr), and (2) the Motorcycle Sgt rate is unchanged · The General Terms and Conditions (“GTC”) has been updated by the State to GTC 2/2025 from the prior version (GTC 4/2017) but the only substantive difference in the new 2025 GTC is that the state has added a generative AI disclosure obligation that requires the City to disclose if we plan to use AI with regard to CHP’s performance of services The indemnity obligation, highlighted in the 2024 Agenda Report (Attachment 1), remains unchanged. The terms and conditions of the agreement are not negotiable.

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 services to be provided by the CHP under the proposed agreement qualify as Actual Event Services falling within the definition of Qualified Event Expense, to be reimbursed by Bay Area Host Committee, in accordance with the terms of the League Event Agreement. Section 2.1.2 of the League Event Agreement states, “Super Bowl Services are to be provided by City personnel such as:
on-duty and off-duty police officers, fire personnel, medical personnel, traffic management personnel, other public safety personnel, as well as other personnel from the City and other jurisdictions (pursuant to agreements between such other jurisdictions and the City), and other City contractors.” An estimate of expected expenses associated with CHP services (such as staffing/labor related cost) was taken into consideration when calculating the Preliminary Qualified Event Cost Estimate.

Expected use of additional services, such as air support services, remain under review and discussion with CHP.

COORDINATION
This report was coordinated with the Finance Department 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 City of Santa Clara Printed on 1/9/2026Page 2 of 3
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26-51 Agenda Date: 1/13/2026
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 Standard Agreement with the California Highway Patrol for traffic control related services for Super Bowl LX at Levi’s Stadium, in an amount not to exceed $1,100,000 over the period February 1-9, 2026.

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

ATTACHMENTS

1. Agenda Report and attachments for 2024 Agreement with CHP (24-191)

2. Proposed Agreement with CHP for services provided in connection with SBLX City of Santa Clara Printed on 1/9/2026Page 3 of 3
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State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Business Services Section
Contract Services Unit
601 N. 7th Street
Sacramento, CA 95811
(916) 843-3610
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
November 24, 2025
City of Santa Clara (Santa Clara Police Department)
601 El Camino Real
Santa Clara. CA 95050
Subject: Agreement Number 25R340003-0
Congratulations, you have been awarded the agreement. Please complete the following marked item(s) and return to the above address within ten (10) business days:
_:!_ STD. 213, Standard Agreement with attached exhibits. Sign the first page of the STD. 213, sign the additional single STD. 213, and return both copies.

STD. 213A, Standard Agreement Amendment. Sign the first page of the STD. 213A, sign the additional single STD. 213A, and return both copies.

STD. 210, Short Form Contract. Sign and return both copies.

STD. 204, Payee Data Record. Complete and return.
_:!_ CCC, Contractor Certification Clauses. Complete and return.

Obtain and forward the liability insurance certificate required by the terms of the Agreement. _:!.._ Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.

STD. 807, Payment Bond. Complete and return one copy.
_:!_ CHP 28, Voluntary Statistical Data. Complete and return.

CHP 78V, Conflict oflnterest & CHP 116, Darfur Certification Letter of Agreement. Sign and return both copies.

Contract status.

The enclosed agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.

The enclosed approved agreement is for your records. You are now authorized to provide services.

KELLIE AU
Contract Analyst
Enclosures
Safety, Service, and Security An Internationally Accredited Agency Cover Letter_0119.xft
SCO ID: 2720-25R340003
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES r-- ---------- -.----------------- - ---,

STANDARD AGREEMENT AGREEMENT NUMBER
25R340003
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and t he Contractor named below :

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTOR NAME
City of Santa Clara

2. The tenn of this Agreement is:

START DATE
02/01/2026

THROUGH END DATE
02/09/2026

3. The maximum amount of thi s Agreement is:
$1,100,000.00 (One Millions One Hundred Thousand Dollars and Zero Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions (GTC) 02/2025
+ - Exhibit D Special Terms and Conditions
-
Items shown with an oster,sk (•), are hereby Incorporated by reference and made part of this agreement as If attached hereto.

These documents can be viewed at hrtps:l/www .dqs.ca.qov/OL5/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Clara

CONTRACTOR BUSINESS ADDRESS
601 El Camino Real

PRINTED NAME OF PERSON SIGNING

CONTRACTOR AUTHORIZED SIGNATURE

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTING AGENCY ADDRESS
601 North 7th Street

PRINTED NAME OF PERSON SIGNING

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
CITY
Santa Clara
ffiLE

DATE SIGNED
CITY
Sacramento
ffiLE

DATE SIGNED
EXEMPTION (If Applicable)
Pages
2 ,
*
2 '
STATE
CA I
ZIP
95050
'
STATE
CA I
ZIP
95811

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit A page 1 of 2

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

1. The Contractee , City of Santa Clara agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for Super Bowl LX at the Levi's Stadium provided by the CHP San Jose Area office.

2. The services shall be provided during :

The hours of duty performed by CHP Peace Officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below , or designees. Any changes to the proposed plan such as additional hours, dates, and sites for traffic control can be requested and/or on an "as needed" basis and must be mutually agreed upon by the local CHP command and the City of Santa Clara.

3. The services shall be provided at:

Levi's Stadium
4900 Marie P Debartolo Way
Santa Clara , CA 95054

4. The Project Representatives during the term of this Agreement will be:

STATE AGENCY
De artment of California Hi
NAME
Chris Pia, Lieutenant
TELEPHONE NUMBi:R EMA IL
408 961-0900
Direct all inquiries to:

STATE AGENCY
Dep artment of Ca lifornia Hiahwa y Patrol

SECTION/UNIT
Business Services Section /CSU

ATTENTION
Kellie Au, Contract Manager

ADDRESS
601 North 7th Street
Sacrame nto, CA 95811
TEl.f PHONE NUMBER I EMAIL
(916) 843-4344 [email protected]

CONTRACTEE
Cit of Santa Clara
NAME
Cory Morgan, Chief of Police

TELEPHONE NUMBER
408 615-4890 408 261-91 65

CONTRACTEE
City of Santa Clara

SECTION/UNIT
Santa Clara Police Dep artment

ATTENTION
Arie Enos, Lieutenant

ADDRESS
601 El Camino Real
Santa Clara , CA 95050

TEUEPHONE NUMBER I EMAIL
(408) 615-4844 [email protected]
SCOPE OF WORK (Continued]

EXHIBIT A
(Standard Agreement)

5. Detailed description of work to be performed:

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit A page 2 of 2
A. CHP San Jose Area office shall provide CHP Peace Officer(s) with vehicles and coordinate traffic control. CHP Peace officer(s) may assist with other public safety needs, including but not limited to fixed or mobile positions to support law enforcement event operations. Should the CHP San Jose Area be unable to fill the necessary staffing, the shortage of CHP Peace Officers will be utilized from out-of-Area uniformed personnel.

B. The traffic enforcement service to be performed by CHP Peace Officer(s) under this Agreement , including the standards of performance, discipline and control thereof, shall be the responsibility of CHP.

C. It is understood by City of Santa Clara that billing of CHP Peace Officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D.

D. If the CHP Peace Officer(s) has reported to the assigned location and has worked less than four (4) hours, City of Santa Clara agrees to pay every assigned CHP Peace Officer(s) a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift.

E. If the CHP Peace Officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the Peace Officer(s) away from the service location, City of Santa Clara will be billed only for the Peace Officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement.

6. CANCELLATION
A. City of Santa Clara shall not be charged for service cancellations made more than twenty -four (24) hours prior to the scheduled assignment.

B. City of Santa Clara agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and the assigned CHP Peace Officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP Peace Officer.

C. City of Santa Clara agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, City of Santa Clara shall only be charged a short notice service cancellation fee of $150.00 per assigned CHP Peace Officer(s).

D. All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding State holidays.

E. The CHP agrees to make reasonable efforts to notify the assigned CHP Peace Officer(s) of the service cancellation.

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit B page l of l

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS
l. Invoicing and Payment
A. The CHP shall provide City of Santa Clara with an itemized invoice which details all CHP costs for traffic control services under this Agreement.

Monthly itemized invoices will be submitted in duplicate to:

City of Santa Clara
Santa Clara Police Department
60 l El Camino Real
Santa Clara, CA 95050
Attn: Jenifer Silveria, Office Specialist
Phone: ( 408) 615-4814
City of Santa Clara agrees to pay CHP within thirty (30) days after the date of the invoice.

B. In consideration for the traffic control services contained here, the City of Santa Clara agrees to reimburse the CHP upon receipt of an itemized invoice, for both the actual hours worked by CHP Peace Officer(s) (at the overtime rate described below), and at the time services are provided.

The rates indicated in this Agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event the CHP is granted a rate increase, the City of Santa Clara shall pay the increased rate. The following information is the CHP's Peace Officer(s) overtime and mileage rates effective Fiscal Year 25/26, until superseded:

CLASSIFICATION OVERTIME RATE
CHP Officer $ 133.51 per hour
CHP Sergeant $ 1 62.43 per hour
MIC Sergeant $ 154.98 per hour
Pilot Officer $ 155.99 per hour
Flight Officer $ 139 .51 per hour
Airplane $ 739.96 per hour
CHP Automobile $ 2.05 per mile
CHP Motorcycle $ 2.07 per mile

SPECIAL TERMS AND CONDITIONS
Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit D page 1 of 2

EXHIBIT D
(Standard Agreement)

1. The CHP and City of Santa Clara agree this Agreement may be canceled by either party with thirty (30) days advance written notice.

2. In the event of an emergency, this Agreement may be canceled by either party without prior notice .

3. The CHP and City of Santa Clara , agree that this Agreement may be amended by written mutual consent of the parties hereto.

4. Unforeseen events may require CHP Peace Officer(s) to expend hours in excess of the original estimate . Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred.

5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at state expense , which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by City of Santa Clara or such need for repair or replacement of property arises directly from City of Santa Clara gross misconduct or willful negligence with respect to the property.

6. Gifts, donations, or gratuities may not be accepted by CH P employees in their own behalf or on behalf of the Department, informal squad club, or other local funds.

7. City of Santa Clara agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement . City of Santa Clara agrees to mainta in such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. City of Santa Clara agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, City of Santa Clara agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code§ 10115 et CCR Title 2, Section 1896).

8. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed with in a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution .

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit D page l of 2

EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS (Continued)

9. The City of Santa Clara agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Santa Clara.

CCC 04/2017

CERTIFICATION
I, the official named below , CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California .

Contractor/Bidder Firm Name (Printed) Federal ID Number !By (Authorized Signature)
Printed Name and Title of Person Signing
!Dale Executed ! Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES
l. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements . (Gov . Code§ 12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities .)

2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requ irements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation , possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violat ions.
b. Establish a Drug-Free Awareness Program to inform employees about:
l) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any ava ilable counseling , rehabilitation and employee assistance programs ; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company 's statement as a condition of employment on the Agreement .

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or I
I
violated the certification by failing to carry out the requirements as noted above. (Gov.

Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board . (Pub.

Contract Code § 10296) (Not applicable to public entities .)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:

Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories , or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract , declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction , abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor , forced labor, convict labor, indentured labor under penal sanction , abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b . The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably requ ired by authorized officials of the contracting agency, the Department of Industrial Relations , or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a).

7. DOM ESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 1041 OJ:
1 ). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § l 0411):
1 ). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision­ making process relevant to the contract while employed in any capacity by any state agency.
2) . For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. {Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. {Pub. Contract Code § 10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AM ERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability , as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CO NTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment . Payment of invoices presented with a new name cannot be paid prior to approval of said amendment .

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled . b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c . Both domestic and foreign corporations (those incorporated ou tside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State .

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution , order, motion , or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: ( l) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

General Terms and Conditions (GTC 02;2025)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services , if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors , suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any_ person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS : If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§ 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21 . GENERATIVE Al DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) "Generative Al (GenAI)" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance . For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for Ge17AI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion , may consider Contractor's failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

KELLIE NELSON
May 1, 2026
25R340006-0
Santa Clara, CA 95050
601 El Camino Real
City of Santa Clara (Santa Clara Police Department)
STD 213, Standard Agreement with attached exhibits. Sign the first page of the STD 213 and return.

STD 213A, Standard Agreement Amendment. Sign the first page of the STD 213A, and return.

STD 204, Payee Data Record. Complete and return.

CCC, Contractor Certification Clauses. Complete and return.

Obtain and forward the liability insurance certificate required by the terms of the Agreement.

Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.

STD 807, Payment Bond. Complete and return one copy.

CalRecycle 74, Postconsumer Recycled-Content Certification. Complete and return.

CHP 28, Voluntary Statistical Data. Complete and return.

Please complete the following marked item(s) and return to the above address within ten (10) business days:

Subject: Agreement Number:

Sincerely,

Contracts Analyst
Contract status:

The enclosed Agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.

The enclosed approved Agreement is for your records.
601 North 7th Street, Sacramento, CA 95811 | 916-843-3610 800-735-2929 (TT/TDD)
800-735-2922 (Voice)

CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR

AN INTERNATIONALLY
ACCREDITED AGENCYCHP 49 (Rev 4-25) OPI 003
□
□
□
□
□
□
□

CALIFORNIA

HIGHWAY PATROL
Safety, Service, and Security

2. The term of this Agreement is:

SCO ID: 2720-25R340006
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~-------------~

STANDARD AGREEMENT AGREEMENT NUMBER
25R340006
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below :

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTOR NAME
City of Santa Clara (Santa Clara Police Department)

START DATE
06/02/2026

THROUGH END DATE
07/02/2026

3. The maximum amount of this Agreement is:
$4,806,520.92 (Four Million Eight Hundred Six Thousand Five Hundred Twenty Dollars and Ninety-Two Cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions (GTC) 02/2025
+ - Exhibit D Special Terms and Conditions
-
Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Clara (Santa Clara Police Department)

CONTRACTOR BUSINESS ADDRESS
601 El Camino Real

PRINTED NAME OF PERSON SIGNING

CONTRACTOR AUTHORIZED SIGNATURE

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of California Highway Patrol

CONTRACTING AGENCY ADDRESS
601 North 7th Street

PRINTED NAME OF PERSON SIGNING

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
CITY
Santa Clara
TITLE

DATE SIGNED
CITY
Sacramento
TITLE

DATE SIGNED
EXEMPTION (If Applicable)
Pages
2 1
*
2 STATE ZIP
CA 95050

STATE ZIP
CA 95811

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340006
Exhibit A page 1 of 2

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK

1. The Contractee, City of Santa Clara agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with traffic control related services for 2026 Fédération Internationale de Football Association (FIFA) World Cup at the Levi’s Stadium provided by the CHP San Jose Area office.

2. The services shall be provided during:

The hours of duty performed by CHP Peace Officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for traffic control can be requested and/or on an “as needed” basis and must be mutually agreed upon by the local CHP command and the City of Santa Clara.

3. The services shall be provided at:

Levi’s Stadium
4900 Marie P Debartolo Way
Santa Clara, CA 95054

4. The Project Representatives during the term of this Agreement will be:

STATE AGENCY

Department of California Highway Patrol

CONTRACTEE

City of Santa Clara
NAME

Justin Bradford, Captain
NAME

Cory Morgan, Chief of Police

TELEPHONE NUMBER

(408) 961-0900
EMAIL

[email protected]

TELEPHONE NUMBER

(408) 615-4890

FAX NUMBER

(408) 261-9165
Direct all inquiries to:

STATE AGENCY

Department of California Highway Patrol

CONTRACTEE

City of Santa Clara

SECTION/UNIT

Business Services Section/CSU

SECTION/UNIT

Santa Clara Police Department

ATTENTION

Kellie Nelson, Contract Manager

ATTENTION

Aric Enos, Lieutenant

ADDRESS

601 North 7th Street
Sacramento, CA 95811

ADDRESS

601 El Camino Real
Santa Clara, CA 95050

TELEPHONE NUMBER

(916) 843-4344
EMAIL

[email protected]

TELEPHONE NUMBER

(408) 615-4844
EMAIL

[email protected]
I I
I I
Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340006
Exhibit A page 2 of 2

EXHIBIT A
(Standard Agreement)

SCOPE OF WORK (Continued)

5. Detailed description of work to be performed:

A. CHP San Jose Area office shall provide CHP Peace Officer(s) with vehicles and coordinate traffic control. CHP Peace officer(s) may assist with other public safety needs, including but not limited to fixed or mobile positions to support law enforcement event operations. Should the CHP San Jose Area be unable to fill the necessary staffing, the shortage of CHP Peace Officers will be utilized from out-of-Area uniformed personnel.

B. The traffic enforcement service to be performed by CHP Peace Officer(s) under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP.

C. It is understood by City of Santa Clara that billing of CHP Peace Officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D.

D. If the CHP Peace Officer(s) has reported to the assigned location and has worked less than four (4) hours, City of Santa Clara agrees to pay every assigned CHP Peace Officer(s) a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift.

E. If the CHP Peace Officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the Peace Officer(s) away from the service location, City of Santa Clara will be billed only for the Peace Officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement.

6. CANCELLATION

A. City of Santa Clara shall not be charged for service cancellations made more than twenty-four (24) hours prior to the scheduled assignment.

B. City of Santa Clara agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and the assigned CHP Peace Officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP Peace Officer.

C. City of Santa Clara agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, City of Santa Clara shall only be charged a short notice service cancellation fee of $150.00 per assigned CHP Peace Officer(s).

D. All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding State holidays.

E. The CHP agrees to make reasonable efforts to notify the assigned CHP Peace Officer(s) of the service cancellation.

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit B page 1 of 1

EXHIBIT B
(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

A. The CHP shall provide City of Santa Clara with an itemized invoice which details all CHP costs for traffic control services under this Agreement.

Monthly itemized invoices will be submitted in duplicate to:

City of Santa Clara
Santa Clara Police Department
601 El Camino Real
Santa Clara, CA 95050

Attn: Jenifer Silveria, Office Specialist
Phone: (408) 615-4814

City of Santa Clara agrees to pay CHP within thirty (30) days after the date of the invoice.

B. In consideration for the traffic control services contained here, the City of Santa Clara agrees to reimburse the CHP upon receipt of an itemized invoice, for both the actual hours worked by CHP Peace Officer(s) (at the overtime rate described below), and at the time services are provided.

The rates indicated in this Agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event the CHP is granted a rate increase, the City of Santa Clara shall pay the increased rate. The following information is the CHP’s Peace Officer(s) overtime and mileage rates effective Fiscal Year 25/26, until superseded:

CLASSIFICATION OVERTIME RATE

CHP Officer $ 133.51 per hour
CHP Sergeant $ 162.43 per hour
M/C Officer $ 140.15 per hour
M/C Sergeant $ 154.98 per hour
Pilot Officer $ 155.99 per hour
Flight Officer $ 139.51 per hour
Airplane $ 739.96 per hour
CHP Automobile $ 2.05 per mile
CHP Motorcycle $ 2.07 per mile

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit D page 1 of 2

EXHIBIT D
(Standard Agreement)

SPECIAL TERMS AND CONDITIONS

1. The CHP and City of Santa Clara agree this Agreement may be canceled by either party with thirty (30) days advance written notice.

2. In the event of an emergency, this Agreement may be canceled by either party without prior notice.

3. The CHP and City of Santa Clara, agree that this Agreement may be amended by written mutual consent of the parties hereto.

4. Unforeseen events may require CHP Peace Officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred.

5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at state expense, which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by City of Santa Clara or such need for repair or replacement of property arises directly from City of Santa Clara gross misconduct or willful negligence with respect to the property.

6. Gifts, donations, or gratuities may not be accepted by CHP employees in their own behalf or on behalf of the Department, informal squad club, or other local funds.

7. City of Santa Clara agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. City of Santa Clara agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. City of Santa Clara agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, City of Santa Clara agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et CCR Title 2, Section 1896).

8. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution.

Department of California Highway Patrol
and City of Santa Clara
Agreement #25R340003
Exhibit D page 2 of 2

EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS (Continued)

9. The City of Santa Clara agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of City of Santa Clara.

CCC 04/2017CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT:Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

General Terms and Conditions (GTC 02/2025)

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Notification shall be provided to the State designee identified in this Contract.

d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.

e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-562 Agenda Date: 5/26/2026

REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
Action on an Agreement with South San Joaquin County Fire Authority for Municipal Hazardous Materials Response Services with a Projected Cost of $150,000 for FIFA World Cup and Approve Related Budget Amendment; Action on a Resolution Delegating Authority to the City Manager to Negotiate and Execute Future Municipal Hazardous Materials Response Services Agreements with Public Safety Agencies for Supplemental HazMat Response Services

BACKGROUND
The South San Joaquin County Fire Authority (SJCFA) is a regional fire authority that has been identified as a proposed partner for the City’s hazardous materials response operations during the FIFA World Cup events at Levi’s Stadium. The SJCFA holds a Type 1 Hazardous Materials Response Team rating, while the City of Santa Clara Fire Department holds a Type 2 Hazardous Materials Response Team rating. Given the scale and high-profile nature of the FIFA World Cup 2026, the support of a dedicated Type 1 team would strengthen the Fire Department’s response model to implement during these events.

A similar response model was used during Super Bowl LX, when a Type 1 team was deployed through a coordinated effort led by the California Office of Emergency Management (Cal OES). Cal OES has stated that it will not lead the effort for FIFA World Cup events, so the Fire Department is coordinating a similar model with guidance and support from the State.

The authority of the City Council to contract with neighboring cities for the provision of supplemental public safety services derives from the City Charter as well as state law, as follows:

City Charter Sec. 1108 Contract for administrative services The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city, or county within this state, or with any state department, or with any private or governmental agency for the furnishing of administrative, fiscal, or personnel services.

Government Code Sec. 55632
The legislative body of any local agency may contract with any other local agency for the furnishing of fire or police protection to such other local agency.

DISCUSSION
In preparation for the FIFA World Cup 2026 at Levi’s Stadium, public safety agencies are developing operational plans and identifying necessary resources to support the six (6) scheduled events between June 2, 2026, and July 2, 2026. As part of this effort, Cal OES assisted the Fire Department in coordinating and recommending a Type 1 hazardous materials response resource to support the City of Santa Clara Printed on 5/22/2026Page 1 of 4
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City’s operational needs during the event period.

Cal OES coordinates emergency response, disaster recovery, and homeland security efforts throughout California and designates certain agencies as Type 1 hazardous materials assets, including SJCFA. Type 1 teams provide the highest level of hazardous materials response capability and are trained and equipped to manage weapons of mass destruction incidents, as well as other large-scale hazardous materials emergencies. To support this identified need, the City proposes entering into an agreement with SJCFA to provide a dedicated Type 1 response team during the event period.

The proposed agreement with SJCFA (Attachment 1) would provide a dedicated Type 1 hazardous materials response team to support FIFA World Cup 2026 operations in coordination with the Fire Department’s hazardous materials response team. The agreement would be effective for a one-year term upon execution and in an amount not to exceed $200,000, including personnel, transportation costs, and applicable equipment associated with deployment. Although the expected cost associated with this service is approximately $150,000, the agreement includes a contingency allocation of $50,000 to support the potential maximum deployment of SJCFA personnel and resources associated with FIFA World Cup 2026 events, bringing the total maximum compensation to $200,000.

The contingency accounts for the possibility of extended deployment periods in response to hazardous materials incidents, contamination events, or other hazmat-related emergencies requiring additional operational support.

The agreement would supplement staffing for the six (6) scheduled events, increase the Fire Department’s operational capacity, and reduce demands on existing internal hazardous materials resources. This coordinated response model would help maintain normal Fire Department operations during the event period while strengthening overall emergency response capabilities for the FIFA World Cup 2026 events.

The scope of work includes the following:
· Provision of a Type 1 team consisting of at least eight (8) certified hazardous material specialists. The team will also include one (1) certified Assistant Safety Officer and one (1) team leader serving as the agency representative. The Type 1 team will maintain certifications necessary to manage incidents involving weapons of mass destruction and to identify and mitigate unknown chemical and biological warfare agents. · Capability to conduct advanced hazardous materials analysis and technical field identification of unknown substances.
· Capability to manage large-scale mass decontamination operations in response to high-level contamination incidents involving large crowds.

The terms of this agreement are modeled on the Municipal Law Enforcement Services Agreement approved in 2023 (RTC 23-815) by the City Council for use by the Police Department to supplement internal event staffing without further City Council approval.

Staff anticipates that there will be a continued need for execution of future similar agreements in an expedient fashion. To avoid a scenario in which Stadium event staffing is negatively impacted as a City of Santa Clara Printed on 5/22/2026Page 2 of 4
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26-562 Agenda Date: 5/26/2026
result of late notice from a partner agency or the timing of Council meetings, staff recommends the Council delegate authority to the City Manager by resolution to negotiate and execute such agreements in the future.

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
This agreement provides for a maximum compensation not to exceed $200,000 for SJCFA to cover costs for personnel and equipment necessary for municipal hazardous materials response at Levi’s Stadium and includes a contingency of $50,000. However, the Department estimates total SJCFA costs for the FIFA World Cup events to be approximately $150,000 based on the current planned deployment. Staff recommends increasing the budget to align with the anticipated activity as detailed in the table below.

Budget Amendment
FY 2025/26
Current Increase/
(Decrease)
Revised
General Fund
Revenue
Other Fees for Services $60,545,453 $150,000 $60,695,453 Expenditure
Non-Departmental $41,584,838 $150,000 $41,734,838
The services provided by SJCFA qualify as event-related governmental services under the FIFA World Cup 2026 Assignment and Assumption Agreement. Pursuant to the terms of the agreement, the Bay Area Host Committee is responsible for reimbursing the City and the Stadium Authority for all costs incurred in connection with event planning, preparation, and operations, including public safety personnel and mutual aid resources. Estimated costs associated with SJCFA services have been incorporated into preliminary event cost projections. This reimbursement framework is consistent with the approach previously approved by the City Council for Super Bowl LX and is expected to result in no net fiscal impact on the City, subject to final cost reconciliation and reimbursement.

If additional SJCFA services are needed beyond the budgeted amount, staff will bring forward a budget amendment for City Council approval.

COORDINATION
This report was 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 City of Santa Clara Printed on 5/22/2026Page 3 of 4
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outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute the Agreement with the South San Joaquin County Fire Authority for Municipal Hazardous Materials Response Services for FIFA World Cup 2026 at Levi’s Stadium, in an amount not to exceed $200,000 over the period of June 2, 2026, to July 2, 2026;

2. Approve a Resolution delegating authority to the City Manager to negotiate and execute future Municipal Hazardous Materials Response Services Agreements with public safety agencies for supplemental hazmat response services, within appropriated limits, and subject to approval as to form by the City Attorney; and

3. Approve the FY 2025/26 budget amendment in the General Fund, increasing the Other Fees for Services estimate by $150,000 and increasing the Non-Departmental appropriation by $150,000 (five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Proposed Agreement with SJCFA for services provided in connection with FIFA World Cup 2026

2. Resolution For Fire Department HazMat Supplemental Services City of Santa Clara Printed on 5/22/2026Page 4 of 4
powered by Legistar™
DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Hazardous Materials Response Services Agreement/South San Joaquin County Fire Department Page | 1

MUNICIPAL HAZARDOUS MATERIALS RESPONSE SERVICES AGREEMENT by and between the

SANTA CLARA STADIUM AUTHORITY, THE CITY OF SANTA CLARA, and

SOUTH SAN JOAQUIN COUNTY

PREAMBLE

This agreement for the performance of municipal hazardous materials response services (“Agreement”) is made and entered into on this 26th day of May, 2026, (“Effective Date”) by and between the South San Joaquin County Fire Authority, a Joint Powers Authority, located at 835 N Central Avenue Tracy, CA 95376 (“Agency”), the Santa Clara Stadium Authority, a Joint Powers Authority, with its primary business address at 150 0 Warburton Avenue, Santa Clara, California 95050 (“Authority”), and the City of San ta Clara, a chartered municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050 (“City”). Authority, City and Agency may be referred to individually as a “Party” or collectively as the “Parties to this Agreement.”

RECITALS

A. Authority and City are desirous of contracting with Agency for the performance of the hazardous materials response functions described herein.

B. Agency is agreeable to rendering such hazardous materials response services pursuant to the terms and conditions set forth in this Agreement.

C. Pursuant to the authority set forth in Government Code sections 54981 and 55632 .

Authority and City seek additional hazardous materials response services, and Agency agrees to provide additional hazardous materials response services, for periodic events at the Santa Clara Stadium site.

The Parties agree as follows:

AGREEMENT PROVISIONS

1. SERVICES TO BE PROVIDED.

A. Agency agrees, as available, to provide supplemental hazardous materials response services for major events, such as the six (6) World Cup games, taking place at the Stadium site and surrounding areas during the term of this Agreement , subject to the discretion of Agency’s Fire Chief or designee. The classification and approximate numbers of personnel provided by Agency will be determined and mutually agreed upon, in writing, between Agency’s Fire Chief or designee, Authority and the Santa Clara Fire Chief prior to each event. The Agency will provide a minimum or eight (8) hazardous materials specialists with WM D and one (1) certified as an Assistant Safety Officer Hazmat which is the FIRESCOPE minimum requirements for a Type 1 Hazardous Materials Response Team DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Hazardous Materials Response Services Agreement/South San Joaquin County Fire Department Page | 2

(HMRT) and one (1) team leader to serve as the agency representative . In no event will services be provided when Agency employs fewer than 25 firefighters per day or when public safety within the South San Joaquin County Fire Authority would be impacted, all of which shall be determined by Agency in its own discretion . Agency shall provide as much notice to City as possible in the event services cannot be provided for such a reason.

The Parties shall establish and agree to the number of hours necessary for the Agency employees to perform the requested services.

B. Except as otherwise specifically set forth, such services shall only encompass duties and functions of the type coming within the jurisdiction of, and customarily rendered by, Agency under its Charter and/or municipal codes, and the statutes of the State of California, and under the Charter and municipal codes of the City of Santa Clara.

C. For special detail firefighters, the request for services shall be a written request from the Santa Clara Fire Chief or his/her designee. The request shall contain specific dates of service, hours of operation, number of personnel requested, and classification of personnel requested. For the purpose of performing said services, Agency shall furnish and supply, as available, all necessary labor, supervision, personnel, support vehicles, equipment, fuel, and supplies necessary to provide the services to be rendered hereunder , provided that Authority and City reimburse Agency for mileage for use of said support vehicles at the rate set by the Federal Emergency Management Agency (FEMA) Schedule of Equipment Rates. The Authority and/or City acknowledges that additional equipment charges for special equipment such as support vehicles, equipment, fuel, and supplies may be appropriate depending upon the services requested and may be charged by Agency as above and beyond the authorized pay rate for personnel. The request shall be signed by a representative of the Authority and/or City who is duly authorized to enter into such agreements for supplemental law enforcement services. The request shall be submitted via email to Agency specified contact.

D. The City hereby grants to Agency and its personnel responding to requests for services herein the right to transmit and broadcast communications to the Santa Clara Fire Department’s units via the Santa Clara Fire Department’s designated dispatch frequency and/or any other law enforcement frequency for which the City of Santa Clara is licensed by the FCC.

E. Mutual aid agreements pursuant to the California Emergency Plan (Government Cod e §§ 8550 et seq.) and the Master Mutual Aid Agreement: If any mutual aid agreement(s) currently in place are triggered during any performance of services under this Agreement, the mutual aid agreement(s) shall govern all necessary personnel and/or tactics.

2. ADMINISTRATION OF PERSONNEL.

A. City shall determine for each event which supplement special detail hazardous materials response services will be requested from Agency. City shall determine for each event the assignments to which Agency personnel shall be deployed (e.g., drone incursion support, DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Hazardous Materials Response Services Agreement/South San Joaquin County Fire Department Page | 3

quick response force, etc.). City shall provide general direction and requirements relating to the discharge of the assignment duties. Agency and City shall provide the other Party with all information necessary to make required disclosures or reporting relating to the services performed.

B. In the event of a dispute between the Parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination the reof shall be made by both Agency and the City in consultation with the City of Santa Clara’s Fire Chief.

C. The rendition of the services performed by Agency, the discipline of its firefighters, and other matters incident to the performance of such services and the control of personnel so employed shall remain with Agency.

D. All City employees who work in conjunction with Agency pursuant to this Agreement shall remain City employees, are not Agency employees, and have no claim or right to any Agency employment benefits or policies. Similarly, all Agency employees who work in conjunction with Authority and/or City pursuant to this Agreement shall remain Agency employees, are not Authority and/or City employees, and have no claim or right to any Authority and/or City employment benefits or policies.

E. Neither Authority nor City shall be called upon to assume any liability for the direct payment of any Agency salaries, wages, or other compensation to any Agency personnel performing services hereunder for Authority and/or City. Except as herein otherwise specified, neither Authority nor City shall be liable for compensation or indemnity to any Agency employee or agent for injury or sickness arising out of his/her status as a contract agent of the Authority and/or City.

3. COMPENSATION AND PAYMENT.

A. The City shall pay Agency for all the costs that are incurred for services it provides under the terms of this Agreement , at the rates established hereunder, as they may be amended from time to time, and in accordance with t he requirements of Government Code section 51350. The rates listed below may be periodically adjusted by the City and/or Authority to a mutually agreed upon rate. In such case, the rate adjustment shall be attached to this Agreement as Exhibit A to reflect the change in rates. The Parties specifically agree that such adjustment and change in Exhibit A is a valid amendment to this Agreement, and that no formal Amendment form need be used for such rate adjustment. The Parties will separately execute Exhibit A whenever there is a change in Exhibit A rates.

B. For and in consideration of Agency providing supplementary hazardous materials response services for the Authority and/or City under this Agreement, the City agrees to pay Agency for said services at the rates as indicated in Exhibit A.

C. The rates in Exhibit A are developed by the Agency. These rates are designed to reimburse DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Hazardous Materials Response Services Agreement/South San Joaquin County Fire Department Page | 4

Agency’s costs in the compensation of employees, the administration of workers’ compensation benefits, and the Agency’s overhead att ributable to providing the services identified in this Agreement.

4. PAYMENT PROCEDURES.

A. On a monthly basis, Agency shall submit a summarized invoice which covers all services performed during said month, to the City, and the City shall pay Agency for all undisputed amounts within thirty (30) days after date of said invoice.

B. If such payment is not delivered to Agency within thirty (30) days after the date of the invoice, Agency is entitled to recover interest thereon. Said interest shall be at a rate of five percent (5%) per annum or any portion thereof, calculated from the date payment was due.

C. For all disputed amounts, City shall provide Agency with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) days after receipt of the invoice. The Parties shall memorialize the resolution of the dispute in writing.

For any disputed amounts, interest shall accrue at the rate stated in subsection B, above, if payment is not received within thirty (30) days after the dispute resolution is memorialized.

5. CANCELLATION OF PERSONNEL.

A. Neither the City nor the Authority shall be charged for cancellations made by City/Authority more than 24 hours prior to the scheduled event/assignment.

B. The City agrees that if cancellation is made by City within 24 hours prior to the scheduled event/assignment, City shall reimburse Agency a minimum of four (4) hours of compensation for each assigned firefighter pursuant to the rates identified herein.

C. Agency agrees to make all reasonable efforts to notify its assigned firefighter(s) of the cancellation.

6. TERM OF AGREEMENT.

The term of this Agreement shall commence upon execution by the Parties and shall continue for one year, unless terminated sooner or extended in whole or in part as provided for herein.

7. TERMINATION.

A. Either Party may terminate this Agreement with or without cause by giving not less than sixty (60) days advance written notice to the other Party.

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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B. Notwithstanding the foregoing, Agency may terminate the Agreement on only twenty (20) days advance notice, or less in the event of exigent circumstances, if Agency concludes that there are insufficient personnel to provide the agreed upon services and still perform other Agency duties as required by law.

C. In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.

8. FAIR EMPLOYMENT.

While in the performance of services under this Agreement, City, Authority, Agency, and their employees and agents shall not discriminate against any other employee or agent because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.

9. HOLD HARMLESS/INDEMNIFICATION.

A. In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed under Government Code section 895.6, and pursuant to Government Code section 895.4, the Parties agree that each Party (“Indemnifying Party”) shall defend, indemnify, and hold harmless the other Parties, and their respective officers, board members, council members, attorneys, employees, and agents, from and against any and all claims, demands, damages, liabilities, costs, and expenses (including attorneys’ fees), but only to the extent caused by the negligent acts or omissions or willful misconduct of the Indemnifying Party, its officers, elected or appointed officials, employees, or agents, in connection with this Agreement.

In the event that any claim, damage, or liability arises from the concurrent, comparative, or joint negligence or misconduct of more than one Party, each Party’s obligation to indemnify shall be limited to that portion of the loss attributable to its own proportionate fault, and no Party shall be responsible for the share of liability attributable to any other Party.

Notwithstanding the foregoing, the Parties expressly waive, as between themselves, any rights of equitable indemnity, contribution, or apportionment beyond the proportionate share of fault allocated to each Party, and agree that no Party shall seek to recover from another Party any amounts paid in excess of its own proportionate share of liability.

B. Any Agency employee who performs duties under this Agreement shall be deemed to be continuing under the general employment of his or her respective jurisdiction and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon such employee by law in his or her own jurisdiction. Pursuant to Insurance Code Section 11663, the general employer shall be responsible for the entire DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

Municipal Hazardous Materials Response Services Agreement/South San Joaquin County Fire Department Page | 6

cost of any worker’s compensation payable on account of injury occurring in the course of and arising out of general and special employments.

10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING.

A Party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other Party, and any attempted assignment or delegation without such consent shall be null and void.

11. INTEGRATED DOCUMENT.

This Agreement represents the entire agreement between Authority, City and Agency. No other understanding, agreements, or conversations with any representative o f either Party prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon either Party.

12. SEVERABILITY AND WAIVER.

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. Agency agrees that waiver by Authority and/or 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.

13. NOTICES.

All notices to the Parties shall, unless otherwise requested in writing, be sent by mail to Authority, addressed as follows:

Santa Clara Stadium Authority
Attn: Executive Director 1500 Warburton Ave.

Santa Clara, CA 95050
or by email at [email protected]

And to City as follows:

City of Santa Clara
Attn: Fire Chief Ruben Torres
777 Benton St.

Santa Clara, CA 95050
or by email at [email protected]

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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And to Agency addressed as follows:

South San Joaquin County Fire Authority
Attn: Fire Chief Randall Bradley
835 N Central Avenue
Tracy, CA 95376

With copy by email at: [email protected]

The workday the email was sent shall control the date notice was deemed given. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.

14. LAW GOVERNING CONTRACT AND VENUE.

This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara.

[Signatures on next page.]

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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CITY OF SANTA CLARA

APPROVED AS TO FORM:

GLEN R. GOOGINS
City Attorney
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2230
Fax: (408) 249-7846
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

SANTA CLARA STADIUM AUTHORITY

APPROVED AS TO FORM:

GLEN R. GOOGINS
Authority Counsel
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2230
Fax: (408) 249-7846
JŌVAN D. GROGAN
Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

SOUTH SAN JOAQUIN COUNTY FIRE AUTHORITY

APPROVED AS TO FORM:

RANDALL BRADLEY
Fire Chief
835 N Central Avenue
Tracy, CA 95376

DocuSign Envelope ID: 4D3069EE-306F-4D84-8869-056F4D6084D0

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EXHIBIT A

City and Authority agree to pay Agency costs as invoiced by Agency, including:

1. Regular/Overtime hourly rates. These formulas and rates of payment shall constitute full reimbursement for direct costs, including back fill relative to personnel provided.

Battalion Chief $83.64/$125.46
Fire Captain $67.45/$101.18
Fire Engineer
Firefighter
$59.13/$88.69
$47.80/$71.69

2. Maximum two (2) hour travel time from Agency to Levi Stadium.

3. Maximum two (2) hour travel time from Levi Stadium to Agency.

4. The Agency will be compensated for a portal to portal response (Time of departure to time of return)

5. Vehicles used to transport personnel will be paid at the current California Fire Assistance Agreement (CFAA) rate, as outlined by California’s Office of Emergency Services.

6. Expendable/damaged hazardous materials response equipment.

Resolution/HazMat Services Agreements Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

DELEGATING AUTHORITY TO THE CITY MANAGER TO

NEGOTIATE AND EXECUTE MUNICIPAL HAZARDOUS

MATERIALS RESPONSE SERVICES AGREEMENTS

WHEREAS, it is the City of Santa Clara’s obligation to provide public safety services within its jurisdictional boundaries, including at Levi’s Stadium; WHEREAS, in order to provide the sufficient number of specialty hazardous materials response personnel, the City may contract with neighboring agencies to provide such services (pursuant to Government Code Sections 55632 and City Charter Section 1108) to work at the Stadium and in surrounding areas on event days;
WHEREAS, generally the form of the agreement with the partnering agency will be a Municipal Hazardous Materials Response Services Agreement wherein the partner agency is providing staff who will be performing services under the umbrella of their home agency; WHEREAS, currently if the partnering agency agrees to provide personnel at a time when Council is not in session, or the contract cannot be brought to Council for approval prior to the event day for some other reason, the City risks having insufficient public safety staffing for the event; and
WHEREAS, in order to ensure that such timing considerations do not negatively impact the City’s ability to contract for the necessary public safety staffing, the City Council wishes to delegate authority to the City Manager to negotiate and execute Municipal Hazardous Materials Response Services Agreements for public safety services on behalf of the City.

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

1. That the City Manager is hereby authorized to negotiate and execute Municipal Hazardous Materials Response Services Agreements on behalf of the City of Santa Clara, in a form approved by the City Attorney’s Office, for services performed at or around Levi’s Stadium.

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

Resolution/HazMat Services Agreements Page 2 of 2
Rev: 7/27/2023

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 20__, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-446 Agenda Date: 5/26/2026

REPORT TO COUNCIL

SUBJECT
Action on Subscription License Agreement with Innovative Interfaces, Inc. for Hosting and Maintenance Services for the Integrated Library System for a Total Not-To-Exceed Amount of $1,830,992 Over the Full 11-Year Term

BACKGROUND
The Santa Clara City Library System (Library) relies on an Integrated Library System (ILS) as the foundational technology supporting all core library operations. Through its contract with Innovative Interfaces, Inc. (Innovative), the Library utilizes a comprehensive ILS platform that manages critical functions across the organization. This system maintains records for more than 179,000 patrons, catalogs over 429,000 physical books and digital materials, and processes more than 1.5 million annual circulation transactions, including checkouts and renewals.

The ILS also enables secure access to digital resources and third-party services, supporting both in- library and remote use of offerings such as newspapers, museum passes, eBooks, and streaming media. By consolidating circulation, cataloging, acquisitions and reporting into a single system, the ILS is essential to the Library’s daily operations and service delivery system.

On July 1, 2019, the City entered into a Subscription License Agreement with Innovative for the Sierra ILS, transitioning from a locally hosted system to a cloud-based subscription model. This model provides improved system reliability, security, and vendor-supported maintenance while aligning with industry standards for library technology systems.

On June 23, 2020, the City Council authorized Amendment No. 1 (RTC# 20-199), which extended the Agreement for six additional years through June 30, 2026, with a not-to-exceed amount of $757,489. The amendment also included provisions allowing for the Agreement to automatically renew for up to five additional one-year terms, through June 30, 2031, subject to the annual appropriation of funds.

DISCUSSION
The current term of the Agreement with Innovative for the Sierra ILS will expire on June 30, 2026.

Pursuant to the terms previously approved by Council, the Agreement will automatically renew for up to five additional one-year terms through June 30, 2031, unless otherwise terminated by either party.

Each renewal year includes a contractually defined cost escalation of 3.5%, which is consistent with industry standards for software-as-a-service (SaaS) platforms and ongoing hosting, maintenance, and support services.

City of Santa Clara Printed on 5/22/2026Page 1 of 3
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26-446 Agenda Date: 5/26/2026
While City Council previously authorized the contract structure, including the auto-renewal provisions, the total funding amount of $757,489 authorized to date only covers the initial six-year term to June 2026. As a result, Council authorization is now required to approve the additional expenditures associated with the five auto-renewing years. This action ensures transparency, maintains fiscal oversight, and aligns with City policy requiring Council approval for multi-year financial commitments that extend beyond previously authorized not-to-exceed amounts.

In addition to the Sierra ILS platform, Innovative also provides INN-Reach services, which supports regional resource sharing and interlibrary lending capabilities among participating library systems.

INN-Reach enables Library patrons to directly request, borrow, and return materials through a shared catalog network, significantly expanding access to materials beyond Library’s local collection and enhancing service delivery to the community. Although INN-Reach services have been incorporated as part of the Library’s Sierra environment an ongoing basis, the associated costs were not separately captured in the total not-to-exceed compensation amount authorized under RTC 20-199.

This action aligns the costs with the full scope of services currently being provided under the Agreement.

The table below outlines the costs associated with both the initial six-year term and the five additional auto-renewing years, including the 3.5% annual increases, for both the Sierra ILS base subscription and INN-Reach services. The initial six-year costs for the Sierra ILS align with the previously approved not-to-exceed amount of $757,489. The initial six-year costs for INN-Reach total $155,102.

The additional five-year costs for both services will not exceed $918,400, bringing the full 11-year total to $1,830,992.

Table 1. Innovative Interfaces, Inc. Costs - 11 Year Total Initial 6 Year Term
Contract Year Term Dates Sierra ILS Cost
(+3.5% annual
increase)
INN-Reach Cost (+ 3.5%
annual increase)
Year 1 July 2020 - June 2021 $115,645 $23,679
Year 2 July 2021 - June 2022 $119,692 $24,508
Year 3 July 2022 - June 2023 $123,881 $25,366
Year 4 July 2023 - June 2024 $128,217 $26,254
Year 5 July 2024 - June 2025 $132,705 $27,172
Year 6 July 2025 - June 2026 $137,349 $28,123
Initial 6-Year Total $757,489 $155,102
Auto-Renewing Terms
Year 7 July 2026 - June 2027 $142,157 $29,108
Year 8 July 2027 - June 2028 $147,132 $30,127
Year 9 July 2028 - June 2029 $152,282 $31,181
Year 10 July 2029 - June 2030 $157,612 $32,272
Year 11 July 230 - June 2031 $163,128 $33,402
Addtl 5 Year Total $762,311 $156,090
11 Year Total $1,519,800 $311,192
Total Maximum Compensation $1,830,992
City of Santa Clara Printed on 5/22/2026Page 2 of 3
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26-446 Agenda Date: 5/26/2026
Increasing the maximum allowable compensation to account for the auto-renewal period will ensure uninterrupted access to mission-critical library systems and allow the Library to continue delivering high-quality services to the community without degradation or risk of system failure.

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 Library Department operating budget in the General Fund has sufficient funding for this contract in Fiscal Year 2026-27. The contract amount will also be factored into future budgets.

COORDINATION
This report has been coordinated with the Santa Clara City Library 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 an increase in the maximum allowable compensation amount for the Agreement with Innovative Interfaces, Inc. to account for the five (5) auto-renewing terms of one-year each, for the period of July 1, 2026 through June 30, 2031, in an amount not to exceed $918,401, subject to the annual appropriation of funds, thereby bringing the total not-to-exceed contract amount to $1,830,992.

Reviewed by: Patty Wong, City Librarian
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Original Agreement - Innovative - Sierra ILS

2. Amendment No. 1 -Innovative - Sierra ILS

3. RTC 20-199 Innovative Interfaces
City of Santa Clara Printed on 5/22/2026Page 3 of 3
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INNOVATIVE INTERFACES INCORPORATED

SUBSCRIPTION LICENSE AGREEMENT
This Subscription License Agreement ("License Agreement") is entered into by and between Innovative Interfaces Incorporated, a California corporation ("Innovative"), and the party identified as Client below ("Client"), as of the "Effective Date" also set forth below.

Client City of Santa Clara - Santa Clara City Library ..

Address 2635 Homestead Road
Santa Clara CA 95051
Innovative Internal CU0867 '\
Customer No.
' Effective Date July 1, 2019 "\

1. Definitions .
"GTCs" means the Innovative Interfaces Incorporated Subscription License Agreement General Terms and Conditions Attached hereto as Exhibit B.
"Support Terms" means the Innovative Interfaces Incorporated Maintenance and Support Terms and Conditions, as may be amended from time to time by Innovative, a copy of which can be found here (https :/ /www. drop box. com/s/rve 1 a 70k5a402 Bx/in novative%20 interfaces %2 0i nc. % 2 0-- %2 0o n Ii ne%20support%2 0term s %20%2801-24-17%2 9 .doc?dl=0). "Hosting Terms" means the Innovative Interfaces Incorporated Hosting Terms and Conditions, as may be amended from time to time by Innovative, a copy of which can be found here (https: / /www.dropbox.com/s/1 ns6x8e9j73cvry/l n novative%2 0 I nterfaces%2 0 Inc.% 20-- % 2 0O n Ii ne%2 0 Hosti ng%2 0T erm s %2 0%2 805-01-17%2 9. doc?dl=0).

2. General. Innovative and Client agree that this License Agreement is a binding agreement between the parties and is governed by the GTCs, Support Terms and, if the attached Pricing Exhibit indicates that Client has purchased hosting services, then the Hosting Terms, all of which are made a part hereof. This License Agreement, the GTCs, Support Terms, Hosting Terms, if applicable, and all other exhibits, schedules and terms and conditions referenced by or in this License Agreement, the GTCs, Support Terms or Hosting Terms together constitute the "Agreement." Client acknowledges and agrees that it has had the opportunity to review the Agreement, including without limitation, the GTCs, Support Terms and Hosting Terms, prior to the execution of this License Agreement.

Innovative recommends that Client print a copy of each component of this Agreement for Client's records. Unless otherwise specified, capitalized terms in this License Agreement have the same meaning as those in the GTCs.

This Agreement is governed by and interpreted in accordance with the internal substantive laws of the State of New York, without regard to any other laws that would require the application of the laws of another jurisdiction.

Application of the U.N. Convention on Contracts for the International Sale of Goods is hereby excluded.

In consideration of lnnovative's grant to Client of a subscription license to the Software as described within Exhibit A, Client acknowledges, and the parties agree, that contemporaneously with Client's first use of the Software identified in Exhibit A in a production environment after the signing of this Agreement, all other existing software license agreements and associated purchase orders between the parties for the software identified in Exhibit A ("Prior Agreement(s)"), (i) will be deemed to be immediately terminated by the parties' mutual written agreement and (ii) such software licenses under the Prior Agreement(s) and associated purchase orders will be deemed Software (as defined in the GTCs) licensed and supported under the terms of this License Agreement.

EXHIBITS TO LICENSE AGREEMENT

A PRICING EXHIBIT

B SUBSCRIPTION LICENSE AGREEMENT GENERAL TERMS AND CONDITIONS In witness whereof, the parties have executed this Agreement by their duly authorized representatives as of the Effective Date.

Client Innovative
City of Santa Clara
By:

Name: Name: fh Ll}10f NbNrv!Af\/
Title: CITY MANAGER Title: ~ f_ t,JI O (L
Date:

APPROVED AS TO FORM:

SANTA CLARA CITY A'ITORNBY'S OPFICB
QJi.RN,_-j~
: . .. •'

Exhibit A
Pricing Exhibit

1. Fees. All Fees must be paid to Innovative within 30 days following receipt of the invoice. Innovative may prorate the Fees to align the Client's products to a July 1 through June 30 billing cycle.

2. Term. Subject to the early termination provisions set forth in the GTCs, this Agreement will be effective for an initial term of one (1) year running from July 1, 2019 through June 30, 2020 (the "Initial Term") . This Agreement will be automatically renewed for additional one (1) year terms (each, a "Renewal Term" and, together with the Initial Term, the "Term"), unless either party gives the other not less than ninety (90) days' prior written notice of its intent to terminate this Agreement effective as of the end of the then-current Term.

Innovative will have the right to increase rates hereunder by 5% over the previous year. [APPROVED SOFTWARE LICENSE QUOTE FOLLOWS THIS PAGE]

••• • •
lll Innovat1ve
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Bill To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Ship To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Renewal Quote

Date
Quote#
Payment Tenns
Overall Contract Term (Months)
Contract Start Date
Contract End Date
Sales Rep
Site Code
Expires
6/24/2019
EST-INC10126
Net 30
60 Tom McNamara
scpl
9/22/2019
Currency
US Dollar
:lrniiil Iii~ 11..111T-11.:I![tl_&'J @i') Descripti on Options • Unit Price Amount Sierra License - Term 1 Sierra So ftware Subscription 90, 779.1399 ... 90,779.14 Subscription
Staff User License - Term 60
Licenses
SIP2 Interface License - Term 18
Output License - Term 1
accounting
information to
another system -
WebPAC Pro License - Term 1
File Transfer License - Term 1
Software
Web Access License - Term 1
Management
Circ Notices via License - Term 1
E-Mail Option
OCLC Interactive License - Term 1
Via the Network
Reports License - Term 1
Acquisitions License - Term 1
Serials License - Term 1
Circulation License - Term 1
Cataloging License - Term 1
Advanced License - Term 1
Keyword Index
Method II
OPAC Export License - Term 1
or additional Staff User License t
License. A separate staff user license
d for each concurrent is require
connectio n made from a staff client to
a ILS server, including via the Sierr
alternativ
Decision
License t
e staff interfaces including
Center & Mobile Worklists.

Enables Ii
or additional SIP2 interface .
brary to integrate with 3rd
ems using SIP2 protocol,
but not limited to self-check,
d sorters, and more. Each
uires a separate license.
party syst
including
automate
login req
Output ac counting information to
ystem another s
WebPAC Pro
File Trans fer Software
Web Ace ess Management
Gire Notic es via E-Mail Option
OCLC Int eractive Via the Network
Reports
Acquisitio ns
Serials
Circulatio n
Catalog in g
Advanced Keyword Index Method II
OPAC Ex port

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
••• • •
Innovat1ve
Renewal Quote
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States

Date
Quote#
Item Category Qty _;~. - Description Options
Resequence License - Term Resequence attached records by attached records location
by location
Synchronize License - Term Synchronize bibliographic locations bibliographic
locations
Automatic License - Term With the optional Automatic Authority Authority Control Control Processing product, Sierra can Processi ng automatically update headings in
bibliographic records based on the
valid form of the heading in an
authority record. For each SEE FROM
(MARC 4XX) heading in the authority
record, the system searches the
approp riate index for a matching entry
from a bibliographic record. If it fi nds a
match, Sierra updates the
bibliographic heading based on the
valid from of the index heading (MARC
1 XX) from the authority record.

Sierra Additio nal License - Term Additional Review Files can be used Review Files with Create Lists and related products
to support saving lists of records for
report ing or workflow purposes . Sold
in sets of up to 40 review files for 625K
records, this product supports saving
of up to 20 additional search strategies
in Create Lists.

Patron API (URL) License - Term Patron API (URL)
239.50 Client / License - Term 239.50 Client / Client Broadcast/ Client Broadcast/ Server
Server
Offiine Circulation License - Term Offline Circulation
Unlimited Web License - Term Unlimited Web OPAC user licenses OPAC user
licenses
Unlimited Data License - Term Unlimited Data License
License
Sierra EDI / License - Term EDI/EDIFACT Ordering & Invoicing EDIFACT supports electronic ordering and
Ordering & invoicing for both monographs and
Invoicing serials via email or file transfer using
Innovative supported EDI & EDI FACT
formats
Spell Check License - Term Spell Check Language
s: English
My Record Feeds License - Term Sierra My Record Feeds
Sierra Classic License - Term Classic Collection Agency Interface Collection Agency allows libraries to deliver a file of Subscript ion information about patrons with
overdue items and/or money owed via
email to another system . The library
6/24/2019
EST-INC10126

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
••• • • •
lll Innovat1ve
Renewal Quote
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States

Date
Quote#
Item Item Category • Qty. . Description
must have a relationship with an
agency that can receive information in
lnnovative's format.

Sierra Online License - Term Online Patron Registration allows Patron patrons to register themselves as
Registration library users over the Internet. The
library offers the patron a form to enter
their personal data, which is mapped
to fields in the patron record as
determined by the library. The form is
also linked to a patron record template
of the library's choosing , to add
additiona l data to the newly created
patron record. Different forms may be
used for different patron types. This
could include home library location,
expiration date, ptype, patron
messages, manual patron blocks, etc.

Circa Wireless License - Term Sierra Circa Wireless Inventory (RFID) Inventory (RFID)
WebOPAC License - Term Sierra WebOPAC Ecommerce
Ecommerce
Sierra Quick Click License - Term Quick Click streamlines the process of Ordering creating bibliographic and order
records for orders placed with a
vendor. This requires that you have an
account and user profile set up with
the vendor and that you follow their
instructions for using their shopping
cart feature. For use with select
vendors who support Innovative
format for data interchange .

Resource Sharing License - Term Innovative Resource Sharing expands - Returnables the library's available collection for a
(INN-Reach) fraction of the cost of traditional
interlibrary loan. Integrated with Sierra,
Millennium, & Polaris. Unmediated
request model saves staff time and
serves patrons faster. Key capabilities
include: sharing of physical materials
or digital resources; union catalog with
real-time availability; same patron
experience and staffworkflow as local
circulation ; pickup anywhere; pass to
ILL; reports for shared print
management.

Authority Control License - Term Authority Control Option Option
Classic Fines License - Term Classic Fines Payment API allows Payment Web third-party software to pay (and waive)
Service API patron financial obligations by means
of Web Services connection to the
Sierra system. Applications using
WebOPA
C
Ecommer
ce
Option:

Payflow
Pro
6/24/2019
EST-INC10126
Unit Price Amount

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
••• • •
llt Innovat1ve
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Renewal Quote

Date
Quote#
6/24/2019
EST-INC10126
Item Category~· r • .. Qty_ h:t Descripti_on '· •• Options . Unit Price Amount • .

Fines Payment Web Services request
data through XML over HTTP or
SOAP and the service returns data as
an XML-formatted stream of text.

Requires SSL.
1 July 2019 - 30 June 2020
Total Fees US$90.779.14
Innovative Interfaces Incorporated
Subscription License Agreement
General Terms and Conditions
The parties agree that their contractual relationship with respect to the Software will be governed by the terms and conditions of (1) this Subscription License Agreement General Terms and Conditions ("GTCs"), (2) the applicable Innovative Interfaces Incorporated Subscription License Agreement(s) (each, a "License Agreement") , (3) the Innovative Interfaces Incorporated Maintenance and Support Terms ("Support Terms"), (4) the Innovative Interfaces Incorporated Hosting Terms ("Hosting Terms"), if applicable, and (5) all other applicable exhibits, schedules and terms and conditions referenced by or in the GTCs, License Agreement(s), Support Terms and Hosting Terms. Each License Agreement , together with the terms and conditions of this GTC, Support Terms and Hosting Terms and all applicable exhibits or schedules incorporated by reference or referenced therein will constitute and be construed as a separate agreement. Unless otherwise specified, capitalized terms in these GTCs have the same meaning as those in the License Agreement.

1. Software License.
a. Subject to the terms and conditions of this Agreement, including without limitation Client's payment of all of the Fees (defined below) due hereunder, Innovative hereby grants to Client a limited, nonexclusive, non-sub­ licensable, nontransferable license to use the components of its software applications, modules, and other products that are listed in the Pricing Exhibit to the License Agreement (collectively, the "Software"). The license granted in the preceding sentence will be for the duration of the term of this Agreement and will automatically expire upon the termination or expiration of this Agreement or as otherwise specified in this Agreement. b. Client and, where applicable, its Authorized Users (defined below) may use the Software (including any Client Configurations) (i) only for the management of the library and for servicing its patrons (including permitting Authorized Users to search library catalogues), and not on an outsourced basis, as a service bureau, for resale, or similarly on behalf of or for the direct or indirect benefit of third parties, and (ii) only in accordance with the other terms of this Agreement. Client will be responsible for its Authorized Users' compliance with the terms hereof.

Without limiting the foregoing, Client agrees that it and its Authorized Users will: (i) comply with all applicable laws regarding the transmission of data, including, without limitation, any applicable export control and data protection laws; and (ii) not use the Software for illegal purposes. c. Subject to Section 11 (Client Configurations), other than Innovative, no one is permitted to copy, modify, reverse engineer, decompile, or disassemble the Software, create derivative works thereof, or separate the Software into its component files. All rights to the Software that are granted to Client in this Agreement are limited to the object code versions of the Software and in no event will Client be deemed to have any right, title or interest in the source code of the Software.
d. The Software may be used by the base number of Client's worldwide employees, third-party auditors, agents and contractors ("Authorized Users") set forth in the Pricing Exhibit to the License Agreement for such Software and such additional Authorized Users as may be hereafter identified to Innovative by Client for which Client pays the additional Fees referred to in Section 4(a) of this Agreement. Each Authorized User license is allocable to a single full-time user of the Software and may be transferred to another user only on a full-time basis. Authorized User license(s) may not be shared on a part time or concurrent user basis. e. The license granted to Client pursuant to this Agreement will include, at no additional cost, a license to use all new scheduled major releases, service pack releases, and hot fixes of the Software offered generally by Innovative to its clients during the term of this Agreement (collectively, "New Releases"). "New Releases" do not include new or additional modules, applications or other software now or hereafter offered by Innovative, each of which require a separate license and payment of additional license fees. The term "Software" will be deemed to include New Releases. Additional fees at lnnovative's then-prevailing professional service rates will apply for implementation of New Releases.
f. Innovative offers support for the Software in accordance with the Support Terms, the terms of which are incorporated by reference herein.
g. The license granted hereunder grants Client the right to use a single production instance (copy) of the Software and up to two (2) additional instances (copies) of the Software for non-production use at no additional )
charge. All copies of the Software are subject to the terms of this Agreement. Non-production use includes training, development, testing, quality assurance, staging or preproduction provided that the copies of the Software are not used in a production environment or as a backup to production. Except to the extent expressly set forth in a License Agreement, this license grant does not provide Client with any rights to hosting services.

2. Acceptance. Following the execution of the Agreement by the parties, Innovative will deliver the Software, in its preconfigured, out-of-the box format, to Client (i) via the Internet, if Client has purchased hosting services from Innovative pursuant to the Hosting Terms or (ii) by making it available to Client to download via an FTP site, if Client has not purchased hosting services from Innovative pursuant to the Hosting Terms. Client will be deemed to have accepted the Software upon initial delivery.

3. Ownership .
a. All Intellectual Property Rights (defined below) in the Software and also including, without limitation, all improvements, enhancements, modifications, Client-specific upgrades, or updates to the Software, developed by either party, solely or jointly (collectively, "Innovative Products"), will remain the exclusive, sole and absolute property of Innovative or the third parties from whom Innovative has obtained the right to use the Innovative Products. Intellectual property created by Innovative pursuant to this Agreement , or any other party at the request or direction of Innovative, will be owned by Innovative. "Intellectual Property Rights" means any and all intellectual property rights existing from time to time under any law or regulation, including without limitation, patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of any of the foregoing, now or hereafter in force and effect worldwide. Client hereby assigns to Innovative all right, title and interest in any feedback and suggestions it provides to Innovative regarding the Software or other products commercialized by Innovative now or in the future. This Agreement does not convey to the Client any interest in or to the Innovative Products or any associated Intellectual Property Rights, but only a limited right to use the Software to the extent set forth in this Agreement, which right is terminable in accordance with the terms of this Agreement and is otherwise subject to the limitations, restrictions, and requirements contained herein. If Client configures or otherwise modifies the Software using an API licensed hereunder, Client will also have a license to use such configurations or modifications as part of the Software on the terms set forth in Section 1. Rights not expressly granted to the Client are hereby expressly reserved by Innovative.
b. For purpose of this Agreement, as between Innovative and Client, any Intellectual Property Rights in the Innovative Products to the extent owned by any third party will be and remain the exclusive property of such third party. The Software may include third-party software and products, which are described in the documentation and/or Specifications made available to Client by Innovative, and any third-party pass-through terms relating to such third-party software and products are identified therein (or by other mode of disclosure). c. Except as expressly stated herein, Client will exclusively have and retain all right, title and interest, including all associated Intellectual Property Rights, in and to data that Client enters into the Software or disclosed by Client to Innovative in its performance hereunder ("Client Data"), and, as between Client and Innovative, such Client Data will remain the sole property of Client. Client hereby grants to Innovative a license to use Client Data (i) to process the Client Data pursuant to Client's business requirements, (ii) for maintenance and support of the Software, (iii) to collect and use aggregate, non-identifying and anonymized data, and (iv) for research and development purposes. Client acknowledges and agrees that it will have no rights in any products or services created or sold by Innovative or its affiliates that use any of the Client Data in the manner set forth in (iii) or (iv) of the preceding sentence. To the extent that applicable law requires any permissions or authorizations to have been obtained prior to submission of Client Data to Innovative (including without limitation from individuals to whom the data pertains), Client warrants and covenants that it (and its Authorized Users, as applicable) will have first obtained the same permissions or authorizations prior to transmitting such data to Innovative. Client will defend, indemnify and hold harmless Innovative in the event of any third-party claim arising from a breach of the aforesaid warranty and covenant.

4. Fees; Expenses; Payment Terms.
a. In consideration of receiving a limited license to use the Software, Client will pay the fees set forth in the Pricing Exhibit to the License Agreement (the "Fees") on the terms set forth therein. Initial invoicing under this Agreement will occur when the Software is made available to Client; subsequent renewal invoices will be sent to Client prior to the date such payment is due. Invoices for any Renewal Terms may be provided to Client up to 90 days prior to the effective date of such Renewal Term. Client will notify Innovative in writing if Client hereafter requires additional Authorized Users or additional Software modules, and will pay the fees for such additional Authorized Users or additional Software modules in accordance with the terms set forth on the invoice for such fees. The Software may, from time to time, electronically transmit to Innovative reports verifying the type and number of Authorized Users, and Innovative may utilize license keys or other reasonable controls to enforce Authorized User license limitations. Client will cooperate with Innovative in all such efforts. b. All Fees are exclusive of all taxes and similar fees now in force or enacted in the future or imposed on the delivery and license of the Software, all of which Client will be responsible for and will pay in full, other than taxes based on lnnovative's net income. Client will provide Innovative its state issued Direct Pay Exemption Certificate (or equivalent certificate), if applicable, upon execution of this Agreement. In the event an applicable taxing authority, as a result of an audit or otherwise, assesses additional taxes for goods or services sold under this Agreement at any time, Client and not Innovative will be solely responsible for payment of such additional taxes and all costs associated with such assessment , including without limitation, interest, penalties and attorney's fees.

Additionally, should Client be required under any applicable law or regulation, domestic or foreign, to withhold or deduct any portion of the payments due to Innovative hereunder, then the sum due to Innovative will be increased by the amount necessary to yield to Innovative an amount equal to the sum Innovative would have received had no withholdings or deductions been made.
c. Where this Agreement establishes a due date for a payment and/or a recurring method for payment, payment will be due and payable on such due date and/or according to the method specified. Other fees or expenses charged pursuant to this Agreement will be paid at the amounts set forth in the invoice within 30 (thirty) days of the date of the invoice. All amounts stated herein and all Fees determined hereunder are in U.S. Dollars, unless otherwise required by applicable law.
d. Any invoices not paid when due will accrue interest at the rate of 1 % per month or the maximum rate permitted by law, whichever is greater.

5. Limited Warranty .
a. Innovative warrants, solely for the benefit of Client, that:
i. It has the corporate power and authority to enter into this Agreement and to grant Client the license to the Software hereunder; and
ii. The Software will conform in all material respects to the applicable technical documentation for the Software provided to Client by Innovative and expressly identified by Innovative as the specifications for the Software ( collectively, the "Specifications").
b. EXCEPT FOR (i) THE WARRANTIES EXPRESSLY STATED ABOVE IN THIS SECTION AND (ii) ANY

WARRANTY, REPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR

LIMITED UNDER APPLICABLE LAW, INNOVATIVE AND ITS LICENSORS, AFFILIATES, AGENTS,

SUBCONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND

EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES , REPRESENTATIONS AND

CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON

LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT

LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INNOVATIVE AND ITS

LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS DO NOT WARRANT, AND

EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT THE SOFTWARE OR OTHER

DELIVERABLES PROVIDED BY OR ON BEHALF OF INNOVATIVE WILL SATISFY CLIENT'S

REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT-FREE OR

UNINTERRUPTED OR AVAILABLE ON THE INTERNET, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 5(a), THE SOFTWARE, INCLUDING ALL CONTENT , IS PROVIDED "AS IS," WITH ALL FAUL TS AND WITHOUT ANY GUARANTEES REGARDING

QUALITY, PERFORMANCE, SUITABILITY , TIMELINESS, SECURITY, DURABILITY, INTEGRABILITY OR

ACCURACY, AND CLIENT ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR SELECTION, USE,

QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE THEREOF , INCLUDING ALL CONTENT GENERATED THROUGH USE THEREOF.
c. As the exclusive remedy of Client for a breach of the limited warranties set forth in Section 5, for any error or other defect for which Innovative is solely responsible , Innovative will, at its option, either (i) correct or repair the Software, or (ii) accept termination of this Agreement and refund the unused balance of any prepaid Fees for the Software, prorated for the period commencing on the date the error or defect was reported by Client to Innovative and continuing throughout the balance of the period to which such Fees apply. None of the above warranties or remedies in this Section 5 will apply with respect to any Software that has been damaged or modified by any party other than Innovative, or used in a manner for which the Software is not designed or intended.

6. LIMITATIONS ON LIABILITY. IN NO EVENT WILL INNOVATIVE BE LIABLE FOR LOST PROFITS OR

OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES

UNDER ANY CIRCUMSTANCES WHATSOEVER , EVEN IF INNOVATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY WERE OTHERWISE FORESEEABLE. INNOVATIVE'S

TOTAL LIABILITY FOR TORT, CONTRACT AND OTHER DAMAGES WILL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO INNOVATIVE BY CLIENT UNDER THIS AGREEMENT IN THE TWELVE­

MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH A CLAIM IS FIRST ASSERTED AGAINST INNOVATIVE. INNOVATIVE WILL NOT BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST CLIENT BY ANY THIRD PARTY EXCEPT FOR THE INDEMNIFICATION SET FORTH IN SECTION 7. THESE

LIMITATIONS OF LIABILITY WILL APPLY TO ALL CLAIMS AGAINST INNOVATIVE IN THE AGGREGATE (NOT PER INCIDENT) AND TOGETHER WITH THE DISCLAIMER OF WARRANTIES ABOVE WILL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT.

7. Indemnification.
a. If a third party files a legal action in a court of competent jurisdiction against Client claiming the Software, as delivered to Client by Innovative, directly infringes such third party's U.S. copyright or U.S. patent, Innovative will defend Client against such legal action, provided that Client promptly notifies Innovative in writing of the legal action and fully cooperates with Innovative in the defense of such legal action. Innovative will also indemnify Client from all damages and out-of-pocket costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction in connection with any such legal action, or agreed to by Innovative in a settlement.

Innovative will control all aspects of the defense and conduct the defense and any settlement negotiations in any such third-party legal action. This indemnification is limited to the Software in the form delivered to Client and does not cover claims arising from (x) modifications thereto not made by Innovative, or, even if by Innovative, at the request of Client; (y) use of the Software in combination with other software or items not provided by Innovative, or (z) third party modifications (including addition of source code) to the Software. b. As the exclusive remedy of Client under the limited indemnity set forth in Section 7.a, if the use of the Software by Client is enjoined, Innovative will, at its sole option: (i) obtain for Client the right to continue to use the Software, (ii) modify the Software to remove the cause of the legal action, (iii) replace the Software at no additional charge to Client with a substantially similar, non-infringing product, which will then be subject to the provisions of this Agreement, or (iv) terminate this Agreement and refund to Client that portion of the Fees allocable to the infringing component of the Software, prorated for the period Client's use of the Software is enjoined. None of the above warranties or remedies will apply with respect to any element of the Software that has been modified by any party other than Innovative, or used in a manner for which the Software is not designed or intended. This Section states lnnovative's entire liability and Client's exclusive remedies for infringement of intellectual property rights of any kind.

8. Confidentiality .
a. Client acknowledges that all documentation, audit reports, technical information, software, Specifications and other information pertaining to the Software, and/or lnnovative's business interests or activities, product pricing, financial information, methods of operation or customers that are disclosed by any party to Client in the course of performing this Agreement are the confidential and proprietary information of Innovative. Innovative acknowledges that Client Data and other proprietary Client materials are the confidential information of Client.

The information and materials described in the preceding sentences is referred to herein as "Confidential Information." Notwithstanding the foregoing, the term "Confidential Information" does not include information ,..
pertaining to a party if (i) such information is generally known to the public through no improper action or inaction by the other party, (ii) was, through no improper action or inaction by the other party, in the possession of the other party prior to the Effective Date, or (iii) rightly disclosed to the other party by a third party if such disclosure does not violate the terms of any confidentiality agreement or other restriction by which such third party may be bound.
b. All Confidential Information will be held in confidence and may not be copied, used or disclosed other than as set forth in this Agreement. Each party must take all reasonable efforts to protect the confidentiality of and prevent the unauthorized use of any such Confidential Information by any third party within such party's control. Each party may disclose Confidential Information (i) to the receiving party's employees and contractors required to have access to such Confidential Information for the purposes of performing this Agreement or using the Software, provided each party hereto notifies its employees and contractors accessing such Confidential Information of the confidentiality obligations in this Section 8; (ii) if such disclosure is in response to a valid order of any court or other governmental body ("Order"), in which event, the disclosing party must use reasonable efforts to provide the other party with prior notice of such Order, to the extent legally permitted to do so; or (iii) if such disclosure is required under applicable law, in which event, the disclosing party must use reasonable efforts to provide the other party with prior notice of such disclosure, to the extent legally permitted to do so. Under no circumstances will Confidential Information received from Innovative be disclosed to any competitor of Innovative without lnnovative's advance written permission.
c. Recognizing any improper use or disclosure of any Confidential Information by either party may cause the party whose Confidential Information is improperly used or disclosed irreparable damage for which other remedies may be inadequate, a party whose Confidential Information is improperly used or disclosed will have the right to petition for injunctive or other equitable relief from a court of competent jurisdiction as appropriate to prevent any unauthorized use or disclosure of such Confidential Information. d. If the parties have previously executed a nondisclosure agreement ("NOA"), any Confidential Information exchanged pursuant to such NOA will remain confidential, and will as of the date of the execution of this Agreement be deemed Confidential Information within the meaning of this Agreement and also be governed by the terms hereof.

9. Term; Termination.
a. The term of the Agreement is set forth in the License Agreement. b. If either party hereto fails to perform or comply with any material term or condition of this Agreement, specifically including Client's failure to pay any Fees (such party being the "Breaching Party"), and such failure continues unremedied for 30 (thirty) days after receipt of written notice, the other party may terminate this Agreement. Notwithstanding the foregoing, if the Breaching Party has in good faith commenced to remedy such failure and such remedy cannot reasonably be completed within such 30-day period, then the Breaching Party will have an additional 30 (thirty) days to complete such remedy, after which period the other party may terminate this Agreement if such failure continues unremedied.
c. Client may terminate this Agreement at any time during the Initial Term effective as of the date of the next annual anniversary of the Effective Date if Client's budget (funding) is eliminated and Client provides written evidence to Innovative of the elimination of Client's budget (funding), such evidence to be in the form and substance reasonably requested by Innovative.
d. Except for a termination by Client pursuant to Section 9.b., and unless as otherwise set forth in this Agreement, upon any termination of this Agreement, all prepaid Fees will be nonrefundable and Client will be responsible for all Fees and expenses for the Software provided prior to and as of the date of termination. Any termination of this Agreement will not waive or otherwise adversely affect any other rights or remedies the terminating party may have under the terms of this Agreement. Upon termination of this Agreement, the rights and duties of the parties will terminate, other than the obligation of the Client to pay Fees and costs in accordance herewith, and the obligations of the parties pursuant to Section 1.c. (Software License), Section 3 (Ownership), Section 4 (Fees; Expenses; Payment Terms), Section 6 (Limitations on Liability), Section 7 (Indemnification), Section 8 (Confidentiality), Sections 9.d. and 9.e. (Termination), Section 11 (Client Configurations) and Section 13 (General). Within 30 (thirty) days of receipt of a written request following a termination of this Agreement, and to the extent permitted by applicable law, each party must return or destroy all Confidential Information of the other party, as requested in writing by the other party. Notwithstanding the foregoing, a party will not be obligated to destroy data containing Confidential Information of the other party when it would be commercially impracticable for the receiving party to do so (for example, when Confidential Information is contained in e-mail stored on backup tapes or other archival media), but for so long as such receiving party is in possession of such Confidential Information of the other party, the terms of Section 8 (Confidentiality) hereof will continue to restrict the receiving party's use or disclosure of such Confidential Information. Neither party will be liable to the other for any termination or expiration of this Agreement in accordance with its terms. e. Following termination of this Agreement, Innovative has no duty whatsoever to deliver to Client any parts of its programming, data model, or any other information regarding which Innovative claims a proprietary or Intellectual Property Right. To the extent that Innovative is requested to perform any services for Client in connection with the termination of this Agreement (including without limitation providing Client with a copy of Client Data in a commercially-standard format to be agreed upon by the Parties), such service will be performed pursuant to a written statement of work under a separate professional services agreement and paid for by Client, applying lnnovative's then-current rates for daily/hourly work, as the case may be.

10. Third Party Software. The Software may contain third-party and/or "open source" code provided under third-party license agreements. The terms and conditions of such third-party license agreements will apply to such source code in lieu of these terms, where applicable, and Client is responsible for compliance therewith. A listing of certain third-party and/or open source code contained in the Software, the respective license terms applicable to such code, and certain related notices are included in the documentation and/or Specifications made available to Client by Innovative. Except as required for the authorized use of the Software as contemplated herein, Client may not use any name or trademark of any supplier of third party or open source code without such party's prior written authorization.
11 . Client Configurations . Client will be permitted to use one or more application programming interfaces (APls) made available by Innovative to configure the Software hereunder in accordance with the Specifications (such configurations or other modifications, "Client Configurations"). Client will not use any other API to modify or configure the Software. No API may be used to create any Client Configuration that, in whole or in part, mimics any material functionality of any software or service developed or marketed by Innovative or that would reasonably be deemed competitive to any software or service developed or marketed by Innovative if the Client Configuration were to be released to the public market. Innovative disclaims all representations and warranties, express or implied, regarding Client Configurations and assumes no liability whatsoever with respect to Client Configurations. Client agrees to indemnify and hold harmless Innovative from all damages and out-of-pocket costs (including reasonable attorney fees) for any third-party action based on a claim that any Client Configuration infringes a copyright or a patent, or constitutes an unlawful disclosure, use or misappropriation of another party's trade secrets.

12. Back-Up Activities. Except to the extent that Client purchases lnnovative's hosting service or back-up services, Client has the sole responsibility for the maintenance and protection of all data input into the Software, including, without limitation, the making, storing and security of back-up and archive copies of such data and the Software (collectively "Back-Up Activities"), and Client acknowledges Innovative will not perform any Back-Up Activities for or on behalf of Client.

13. General.
a. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. b. Independent Contractor. Client acknowledges that Innovative is at all times an independent contractor and that Client's relationship with Innovative is not one of principal and agent nor employer and employee. No Innovative personnel will be entitled to participate in any compensation or benefits plan of Client. c. Force Majeure. Neither party will be liable or responsible for any delay or failure in performance if such delay or failure is caused in whole or in part by fire, flood, explosion, power outage, war, strike, embargo, government regulation, civil or military authority, hurricanes, severe wind, rain, other acts of God, acts or omissions of carriers, third-party local exchange and long distance carriers, utilities, Internet service providers, transmitters, vandals, or hackers, or any other similar causes that may be beyond its control (a "Force Majeure Event").
d. Notice. Any notice or communication required to be given by either party must be in writing and made by hand delivery, express delivery service, overnight courier, electronic mail, or fax, to the party receiving such communication. Unless otherwise instructed in writing, such notice will be sent to the parties at the addresses set forth on the first page of the License Agreement. All communications pursuant to this Section will be deemed delivered as follows: (a) upon receipt, if delivered personally or by a recognized express delivery or courier service; or (b) when electronically confirmed, if delivered by facsimile. e. Invalidity. Any provision of this Agreement which is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction , be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Agreement invalid, illegal, or unenforceable in any other jurisdiction . f. Counterparts. This Agreement may be executed by the parties in separate counterparts by original, .pdf (or similar format for scanned copies of documents) or facsimile signature, each of which when so executed and delivered will be deemed an original, but all such counterparts will together constitute but one and the same instrument.
g. Publicity. Except as provided in this Section, neither party will make any press release, public statement or other disclosure regarding the terms of this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld.
h. Assignment. Neither party has the power to assign, license, or sub-license any of its rights or obligations hereunder without the prior written consent of the other party, which will not be unreasonably withheld. Any assignment, license, or sub-license attempted without such consent will be void. Notwithstanding the foregoing, a party may assign this Agreement without the other party's consent (i) as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets or capital stock; or (ii) to an Affiliate of such party provided that any such assignment will not release the assigning party from its obligations under this Agreement. i. Waiver of Jury Trial; Governing Language. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY

TRIAL IN CONNECTION WITH ANY DISPUTE OR LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. This Agreement and all proceedings hereunder will be conducted in the English language; any translation of this Agreement into another language will be for convenience only but will not modify the meaning hereof. Only a written instrument duly executed by both parties may modify this Agreement.
j. Entire Agreement. This Agreement contains the entire understanding of the parties, and supersedes all prior agreements and understandings relating to the subject matter hereof, provided that nothing herein will diminish or affect any separate services agreement or statement(s) of work issued thereunder. The parties represent that they are sophisticated commercial entities, have had the opportunity to consult with their own counsel, and have included in this Agreement all terms material to the parties' rights and obligations with respect to the subject matter hereof and intend this document to be the final expression of their contractual intent. The parties further represent and acknowledge that communications exchanged between the parties during contract negotiation (including, without limitation, requests for proposal ("RFPs") and lnnovative's responses to such RFPs; questionnaires and responses to same, quotes) do not constitute a part of this Agreement. Purchase orders, work orders or other such documents submitted by Client will be for Client's internal administrative purposes only and the terms and conditions contained in any such purchase order, work order or other such document will have no force or effect and will not amend or modify this Agreement. In the event of any inconsistencies or conflicts among the GTCs, a License Agreement or any other exhibits or schedules referenced by these GTCs, the following order of priority will control: 1. License Agreement, 2. GTCs and 3. any other terms, agreements, exhibits or schedules included in, or referenced by the Agreement.

Innovative Interfaces Incorporated
Maintenance and Support
Terms and Conditions
These Maintenance and Support Terms and Conditions ("Support Terms") apply to the License Agreement. Unless otherwise specified, capitalized terms in these Support Terms have the same meaning as those in the GTCs. The terms set forth herein supplement, but do not replace or modify, the GTCs.

1. Maintenance and Support . Innovative will offer maintenance and support on the terms set forth herein ("Maintenance and Support") for the latest generally available version of the Software and for certain earlier versions in accordance with lnnovative's support policy. Standard Maintenance and Support is included with the price for the annual license set forth in the License Agreement.

2. Error Response. Error descriptions ( each an "Error"), the Error severity levels and corresponding targeted response time per level are each described in the table below. The Targeted Response Times in the table below identify the response times that Innovative will target for the corresponding Error, however, such Targeted Response Times are not guaranteed.

Severity Description Target
Response Time
One - Site Down A major component of the software is in a non-responsive state 1 hour and severely affects library productivity or operations. A high impact problem that affects the entire library system. Widespread system availability, production system is down
Two - Critical Any component failure or loss of functionality not covered in 2 business Severity 1 that is hindering operations, such as, but not limited to: hours excessively slow response time, functionality degradation; error messages; backup problems; or issues affecting the use of the module or the data
Three - High Lesser issues, questions, or items that minimally impact the work 2 business days; flow or require a work around excludes
holidays and
weekends
Four - Routine Issues, questions, or items that don't impact the work flow. Issues 4 business days; that can easily be scheduled such as an upgrade or patch excludes holidays and
weekends

3. Error Reporting and Diagnosis .
a. Client must designate a representative as the contact that will report Errors to Innovative and be lnnovative's primary contact for the provision of Maintenance and Support pursuant to the terms of this Agreement (such representative is referred to herein as the "Client Contact"). When a Client Contact reports an Error, Innovative will use commercially reasonable efforts to diagnose the root cause of the Error ("Diagnosis").

Upon completing the Diagnosis, each Error will be classified as either a "Warranty Error" or a "Non-Warranty Error" pursuant to Section 3.b. below. Innovative will use commercially reasonable efforts to diagnose and repair both Warranty and Non-Warranty Errors as described below. b. "Warranty Errors" are all Errors that do not qualify as Non-Warranty Errors. "Non-Warranty Errors" are Errors resulting from any of the following causes: (i) misuse, improper use, alteration or damage of the Software; (ii) operator error; (iii) incorrect data entry by Client; (iv) third-party software not part of the Software; (v) errors and/or limitations attributable to Client environment; (vi) Client's failure to incorporate any New Release previously provided to it by Innovative which corrects such Error; (vii) modification of the Software performed by Client; and (viii) technical consulting services provided by Innovative at Client's request (e.g., change orders, integration development, or configuration design and implementation), unless Client notifies Innovative of such technical consulting services problem within the applicable warranty period set forth in the governing statement of work, change order or agreement. Client acknowledges that the Software is intended for use only with the software and hardware described in the Specifications provided by Innovative from time to time, and Client will be solely responsible for its adherence thereto.

4. Complimentary and Chargeable Support. Innovative will respond to all reported Errors pursuant to Section 2 above and will use commercially reasonable efforts to resolve Warranty Errors at no additional charge if Client has purchased and is current on its payment for Maintenance and Support; however, Innovative may charge Client for such effort with respect to Non-Warranty Errors according to the following process: (i) When the Client Contact reports any Error, prior to commencing the Diagnosis for the Error, Innovative will notify the Client Contact that the Diagnosis and repair effort will be at no charge to Client unless the reported Error is determined to be a Non-Warranty Error, in which case only the first two hours of Diagnosis will be at no charge; and (ii) Innovative will then commence the Diagnosis unless instructed otherwise by the Client Contact. If more than two hours are required for the Diagnosis of Non-Warranty Errors, then such additional Diagnosis hours will be charged to Client at lnnovative's then-current rate for technical services. Once the Diagnosis is complete, the Client Contact will be given the option of having Innovative proceed with repairing the Non-Warranty Error, and, if so requested, Innovative will provide an estimate of the total cost for such effort. If agreed to by the Client Contact, Innovative will undertake to repair the Non-Warranty Error and charge Client for the associated technical services performed.

5. Ticket Management and Escalation. Innovative manages all reported issues using a ticket management system, and provides an Internet portal for Clients to report issues. Clients may review the status of issues reported online. When an Error is either unresolved or not resolved in a timely fashion, the Client should contact Innovative representatives pursuant to lnnovative's escalation policy made available on lnnovative's Internet portal.

AMENDMENT TO AGREEMENT
This AMENDMENT is made and entered into as of July 1, 2020 (the "Effective Date"), by and between INNOVATIVE INTERFACES INCORPORATED, a California corporation ("lnnovative'1, and the CITY OF SANTA CLARA, for the Santa Clara City Library, (the "Client''). Capitalized terms not otherwise defined in this Amendment will have the meanings set forth in the Agreement (as defined below).

WHEREAS, the Client and Innovative Interfaces Incorporated are parties to the Subscription License Agreement made effective as of July 1, 2019 (as amended from time to time, the "Agreement''); and WHEREAS, the Client desires to extend the Agreement, and in connection with such extension, the parties desire to amend the Agreement as set forth in this Amendment; and Now, THEREFORE, for good and valuable consideration and intending to be legally bound hereby, the parties hereby agree as follows.

1. Term Extension. Paragraph 2 of Exhibit A of the Agreement, titled "Term," is hereby deleted in its entirety and replaced with the following:

Term. Subject to the early termination provisions set forth in the GTCs, this Agreement will be effective for an initial term of six (6) years running from July 1, 2020 through June 30, 2026 (the "Initial Term"). Thereafter, this Agreement will be automatically renewed for additional one (1) year terms, subject to annual budget appropriation and at the sole discretion of the legislative body, up to a maximum of five (5) additional years (each, a "Renewal Term" and, together with the Initial Term, the "Term"), unless either party gives the other not less than ninety (90) days' prior written notice of its intent to terminate this Agreement effective as of the end of the then­ current Term. Innovative will have the right to increase rates hereunder by 3.5% over the previous year. Client shall not be liable for any costs under this Agreement for failure to appropriate the funds to continue the Agreement for any Renewal Term.

2. Pricing Exhibit. Exhibit A of the Agreement is hereby amended to include the attached Pricing Exhibits SO-INC25195 and SO-INC25199.

3. Miscellaneous.
a. This Amendment will become effective upon execution by both Innovative and the Client. b. Except as otherwise amended hereby, the other provisions of the Agreement will remain in full force and effect as of the date hereof. In the event of a conflict between the provisions of this Amendment and the Agreement, the terms of this Amendment will control.
c. This Amendment may be signed in any number of counterparts, each of which will be an original, with the same effect as if the signatures thereto and hereto are upon the same instrument.
d. This Amendment will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

l

4. Assignment: This Amendment is not assignable by either party, whether by operation of law or otherwise , without the prior written consent of the other party, which shall not be unreasonably withheld; provided, however, that Innovative may assign this Amendment to affiliates and successors in interest and in connection with a merger, acquisition or other such reorganization of its business. Any purported assignment in violation ofthis provision will be void and of no effect. Any permitted assignee will assume all obligations of its assignor under this Amendment.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to enter into this Amendment as of the dates specified below.

CITY OF SANTA CLARA ~
Signature:~
Prin~
1 ~am~ ~(LW\\ltt'\Cl
Title:-------'-Uv_~ _ fJ\___,._(.L----'• -+------
Date: __ -i_ \L-1___..l....;_·v<)_W _____ _
APPROVED AS TO FORM:

SANTA y~ CITY ATIORNEY'S OFFICB
~ -f- (1Yl~h P1j6

INNOVATIVE INTERFACES INCORPORATED
Signature: <! Q.w.{y)Jg!,A"'l,.,p
Print Name: ½\LA (l.,'{ ~ ~ M A-N
Title: ~~\S) (\.. V l (.t, ?{U;,J I 0£r-J'\
Date: (o l t...i:>i { ,z.ut. -o

Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Bill To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Sierra License - Te ...

Subscription
Sierra Cloud License - Te ...

Hosting
Staff User License - Te ...

Licenses
SIP2 License - Te ...

Interface
Output License - Te ...
accounting
information
to another
system
WebPAC Pro License - Te ...

File Transfer License - Te ...

Software
Web Access License - Te ...

Management
Circ Notices License - Te ...
via E-Mail
Option
OCLC License - Te ...

Interactive
Via the
Network
Reports License - Te ...

Acquisitions License - Te ...

Serials License - Te ...

Circulation License - Te ...

Cataloging License - Te ...

Advanced License - Te ...

K~ord In ex
Method II
OPAC Export License - Te ...

Resequence License - Te ...
attached
records by
location
Synchronize License - Te ...
60 18
1 1
Renewal Quote
Ship To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Sierra Software Subscription
Sierra Cloud Hosting
Staff User Licenses
SIP2 interface

Quote#
Terms
PO#
Renewal Start Date
Renewal End Date
Site Code
Output accounting information to another
system
WebPAC Pro
File Transfer Software
Web Access Management
Circ Notices via E-Mail Option
OCLC Interactive Via the Network
Reports
Acquisitions
Serials
Circulation
Cataloging
Advanced Keyword Index Method II
OPAC Export
Resequence attached records by location
Synchronize bibliographic locations
SO-INC25195
Net30
7/1/2020
6/30/2021
scpl
93,956.409 ...
21,688.119 ...

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00

0.00 Currency
US Dollar
Yes 93,956.41
Yes 21,688.12
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00
Yes 0.00

Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
bibliographic
locations
Automatic License - Te ...

Authority
Control
Processing
Sierra License - Te ...

Additional
Review Files
Patron API License - Te ...
(URL)
Z39.50 License - Te ...

Client/
Client
Broadcast/
Server
Offline License - Te ...

Circulation
Unlimited License - Te ...

Web OPAC
user licenses
Unlimited License - Te ...

Data License
Sierra EDI/ License - Te ...

EDIFACT
Ordering &
Invoicing
Spell Check License - Te ...

My Record
Feeds
License - Te ...

Sierra License - Te ...

Classic
Collection
Agency
Subscription
Sierra Online License - Te ...

Patron
Registration
Circa License - Te ...

Wireless
Inventory
(RFID)
WebOPAC License - Te ...

Ecommerce
Sierra Quick License - Te ...

Click
Ordering
Authority License - Te ...

Control
Option
Classic License - Te ...

Fines
Payment
Renewal Quote

Quote# SO-INC25195
1 Automatic Authority Control Processing 0.00 Yes 0.00
1 Sierra Additional Review Files 0.00 Yes 0.00
Patron API (URL) 0.00 Yes 0.00
Z39.50 Client/ Client Broadcast/ Server 0.00 Yes 0.00
Offline Circulation 0.00 Yes 0.00
Unlimited Web OPAC user licenses 0.00 Yes 0.00
Unlimited Data License 0.00 Yes 0.00
Sierra EDI/ EDIFACT Ordering & Invoicing 0.00 Yes 0.00
Spell Check Languages:

English

0.00 Yes 0.00
Sierra My Record Feeds 0.00 Yes 0.00
Sierra Classic Collection Agency Subscription 0.00 Yes 0.00 1 Sierra Online Patron Registration 0.00 Yes 0.00
1 Sierra Circa Wireless Inventory (RFID) 0.00 Yes 0.00
1 Sierra WebOPAC Ecommerce WebOPAC 0.00 Yes 0.00
Ecommerce
Option:

Payflow Pro
1 Sierra Quick Click Ordering 0.00 Yes 0.00
1 Authority Control Option 0.00 Yes 0.00
1 Classic Fines Payment Web Service API 0.00 Yes 0.00

Renewal Quote
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Web Service
API
Year 1 of 6 - $ 115,644.53
1 July 2020 - 30 June 2021
Year 2 of 6 - $119,692.09
Year3of6- $123,881.32
Year 4 of 6 - $128,217.16
Year 5 of 6 - $132,704.76
Year 6 of 6 - $ 137,349.43

Quote#

THIS INFORMATION IS CONFIDENTIAL BETWEEN THE PARTY IDENTIFIED AS 'BILL TO' ABOVE AND INNOVATIVE INTERFACES Notes:

1. The prices quoted may be subject to change where new software has been purchased or changes have been made to existing software.

2. Taxes are not included in the quoted price but, if applicable, may be charged by Innovative at the point of invoicing.

SO-INC25195
Total US$115,644.53

Renewal Quote
Innovative Interfaces Incorporated
1900 Powell St.

Suite 400
Emeryville CA 94608
United States
Bill To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Resource License - Te ...

Sharing-
Returnables
(INN-Reach)
Ship To
Santa Clara City Library
2635 Homestead Road
Santa Clara CA 95051
United States
Quote#
Terms
PO#
Renewal Start Date
Renewal End Date
Site Code
1 Resource Sharing - Returnables (INN-Reach)
Year 1 of 6 - 23,679.20
1 July 2020 - 30 June 2021
Year 2 of 6 - $24,507.97
Year 3 of 6 - $25,365.75
Year 4 of 6 - $26,253.55
Year 5 of 6 - $27, 172.42
Year 6 of 6 - $28,123.46

THIS INFORMATION IS CONFIDENTIAL BETWEEN THE PARTY IDENTIFIED AS 'BILL TO' ABOVE AND INNOVATIVE INTERFACES Notes:

1. The prices quoted may be subject to change where new software has been purchased or changes have been made to existing software.

2. Taxes are not included in the quoted price but, if applicable, may be charged by Innovative at the point of invoicing.

SO-INC25199
Net 30
7/1/2020
6/30/2021
scpl
Currency
US Dollar
23,679.200... Yes 23,679.20
Total US$23,679.20

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-199 Agenda Date: 6/23/2020

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 1 to a Subscription License Agreement with Innovative Interfaces, Inc., for Hosting and Maintenance Services
[Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]

BACKGROUND
Since 1992, the Library has contracted with Innovative Interfaces, Inc. (Innovative) to provide an Integrated Library Services Platform Software (ILS). The ILS is the backbone of the Library, managing the records of over 130,000 patrons, cataloging the details of over 400,000 books, music, and movies, and performing over 2.5 million checkout and renewal transactions annually. The ILS authenticates access to dozens of individual online resources and vendors providing both in-library and remote access to the New York Times online edition, the Mercury News, Discovery and Go museum passes, and downloadable eBooks and streaming movies and music.

All ILS data and databases are owned by the City of Santa Clara. Prior to upgrading to the latest Innovative Interfaces’ ILS, the City managed and maintained ILS hardware and physical servers and would install patches and perform updates to the software manually. Migrating to Innovative Interfaces’ cloud hosted platform created an efficient, cost saving, and a more secure environment for this essential Library resource.

On July 1, 2019, the City executed a Subscription License Agreement (Attachment 1) for a twelve (12) month term, ending on June 30, 2020. Under this Agreement, the scope of services transitioned from a software hosting and maintenance services agreement to a bundled subscription license agreement. The cloud-based hosting option includes industry-leading security and monitoring with flexibility to meet clients’ data storage, data recovery and information security policy requirements.

DISCUSSION
The existing Agreement expires on June 30, 2020. The Santa Clara City Library has reviewed and evaluated other ILSs on an ongoing basis. Of the three major public library ILS vendors, the current vendor, Innovative Interfaces, Inc., continues to be an industry leader in providing service to public libraries and to the region. Innovative Interfaces, Inc. has the only cloud-based SAAS (Software as a Service) solution that integrates with the City’s financial accounting systems and e-notification system, excels in cloud hosting, providing PCI compliance, a secure networked environment, remote and redundant colocation of servers, regional and statewide cooperation for sharing of materials with over 100 institutions (Link+), the ability to implement third party “Discovery layers,” and their ongoing commitment to implementing user feedback into future updates and upgrades. Innovative Interfaces, Inc.’s ILS is stable with less than two total days of unplanned downtime in the past five years and no unplanned downtime in the past three years. The ILS is customized for Santa Clara City Library and 3 FTE have certifications in administering the ILS. No other vendor is capable of hosting Innovative City of Santa Clara Printed on 2/13/2026Page 1 of 3
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20-199 Agenda Date: 6/23/2020
Interface’s software or databases and providing security patches or updates. Accordingly, at this time, it is unlikely that a competitive procurement process would yield vendors capable of providing the above services required to provide these library services and at a more competitive cost.

The other ILS vendors offer different packages which would require the Library to change or update bundled hardware/software with over 25 vendors at a substantial cost to the City. Therefore, staff recommends extending the agreement with Innovative Interfaces, Inc. (Attachment 2).

Data migrations from one ILS to another are costly and resource intensive. A typical migration can take between 18 months and 3 years. In addition, as the ILS is the backbone of library services, migrations can have a significant impact to the library user, requiring training for both staff and library patrons. For these reasons, staff is proposing a six-year extension of the current agreement with five, 1-year options to renew. This will allow the City to realize stability in its systems as well as provide sufficient time for a competitive review should market conditions warrant a change in ILS systems. The proposed cost per year of the Agreement is as follows:

Table 1: Proposed Agreement Cost/Year - 1 Year Options Contract Year* Agreement Dates Innovative Agreement Expense Year 1 July, 2020 - June, 2021 $115,644.53
Year 2 July, 2021 - June, 2022 $119,692.09
Year 3 July, 2022 - June, 2023 $123,881.32
Year 4 July, 2023 - June, 2024 $128,217.16
Year 5 July, 2024 - June, 2025 $132,704.76
Year 6 July, 2025 - June, 2026 $137,349.43
*After the contract period, this Agreement includes five, one-year options through June 2031.

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 Library Department operating budget in the General Fund has sufficient funding for this contract in Fiscal Year 2020/21. The contract amount will also be factored into future budgets.

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]>.

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20-199 Agenda Date: 6/23/2020

RECOMMENDATION
Authorize the City Manager to execute Amendment No. 1 to the Agreement with Innovative Interfaces, Inc. to extend the term of the agreement for six years, ending June 30, 2026, for a maximum compensation not to exceed $757,489.29, and maintain the provision to allow for automatic renewal for five additional one-year terms, subject to the annual appropriation of funds.

Reviewed by: Hilary Keith, City Librarian
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Agreement with Innovative Interfaces, Inc. 2019

2. Amendment No. 1 with Innovative Interfaces, Inc.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-15700 Agenda Date: 5/26/2026

REPORT TO COUNCIL

SUBJECT
Action on a Memorandum of Understanding Between the City of Santa Clara and County of Santa Clara for Mental Health Services and Related Budget Amendment

EXECUTIVE SUMMARY
The proposed Memorandum of Understanding with the County of Santa Clara will allow the City to continue the Psychiatric Emergency Response Team (PERT) co-response program, a proven model that improves outcomes for individuals experiencing mental or behavioral health crises while enhancing public safety.

BACKGROUND
Police officers routinely respond to calls involving individuals experiencing mental or behavioral health crises. Over the past decade, there has been a regional increase in such calls, along with broader recognition at the state and county level of the need to divert individuals with mental illness or substance use disorder away from the criminal justice system and toward appropriate treatment at the earliest point of contact.

In response, the Police Department (Department), in coordination with the City Council and the County of Santa Clara (County), has implemented a series of programmatic enhancements over time to strengthen its approach to behavioral health-related calls for service. Early efforts included a 2015 partnership with the County Behavioral Health Services Department (BHSD) to provide intensive case management services for chronically unhoused individuals, as well as the City Council’s allocation of FY 2018/19 Citizen’s Option for Public Safety (COPS) Supplemental Law Enforcement Services funding to support the integration of mental health resources into police operations.

Building on these efforts, the Department restructured its Nuisance Suppression Unit into the Community Response Team (CRT) in 2019, shifting its focus toward addressing long-term public safety issues, reducing crime, and supporting vulnerable populations through proactive engagement and problem-solving strategies. In 2020, the Department further expanded its capabilities by assigning officers as Crisis Intervention Specialists (CIS) and providing specialized training to respond to individuals experiencing mental, behavioral, or substance use-related crises. While this model enhanced service delivery, it remained a law enforcement-only response without embedded clinical expertise.

During this same period, the County advanced a complementary response model through the development of the Psychiatric Emergency Response Team (PERT) program, which pairs law enforcement officers with licensed behavioral health clinicians to provide real-time, in-field clinical assessment and intervention, and the Mobile Crisis Response Team (MCRT), a clinician-led mobile response. The Department used the MCRT on a limited basis, these services were not consistently City of Santa Clara Printed on 5/22/2026Page 1 of 7
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26-15700 Agenda Date: 5/26/2026
available to meet operational demand due to countywide resource constraints.

Recognizing both the increasing demand for behavioral health response and the limitations of existing resources, the Department pursued a formal PERT co-response model. On August 30, 2022, the City Council authorized the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County to formally establish a Department PERT program. The initial term of this MOU extended through December 31, 2023, with a maximum City obligation of $180,000, fully funded from the FY 2018/19 COPS Supplemental Law Enforcement Services Fund (Attachment 1). On February 7, 2023, the City Council approved allocating an additional $70,000 using FY 2022/23 COPS Supplemental Law Enforcement Services Funds for an anticipated extension to the program (Attachment 2.)
Due to County staffing limitations, full implementation of the PERT program was delayed until June 2023. As a result, on September 19, 2023, the City Council approved Amendment No. 1 (Attachment 3), extending the term through December 31, 2025, increasing the funding cap to $240,000, while also formalizing key operational roles, including the designation of a PERT officer to partner with a County BHSD clinician. As part of this action, the unspent balance for the PERT program was approved to be carried over from FY 2022/23 to FY 2023/24.

In October 2024, the City and County executed Amendment No. 2 (Attachment 4), revising the term to June 30, 2025, to align with the fiscal year. During FY 2024/25, the County assumed financial responsibility for the BHSD clinician assigned to the PERT program, resulting in no cost to the City; accordingly, the previously allocated $70,000 was not expended.

Since implementation, the program has been delivered in close partnership with the County’s BHSD.

The integration of a clinician into field operations represents a significant evolution from the Department’s earlier CRT/CIS model by embedding clinical expertise directly into the response. This coordinated co-response approach has enhanced the Department’s ability to conduct real-time assessments, reduce escalation, connect individuals to appropriate treatment and support services, and improve overall outcomes. The program has also contributed to reductions in repeat calls for service and strengthened community trust through a more service-oriented response to individuals in crisis.

DISCUSSION
In August 2025, the City was notified that the County would discontinue funding for mental health clinicians assigned to the Psychiatric Emergency Response Team program at the end of calendar year 2025 and transition to a revised countywide Mobile Crisis Response Team (MCRT) model. The MCRT program deploys clinical teams independent of law enforcement and collaborates with police only when necessary. While MCRT remains available as a resource, it does not provide the same real-time, co-response capability that has been central to the PERT model.

As a result of this change, continuation of the PERT co-response model requires direct City funding.

Beginning in December 2025, the City and County have been in discussions regarding the terms of the proposed MOU (Attachment 5) governing the continued services on a reimbursable basis. Due to the need to essentially fund the County’s Clinician position in order to keep the program in operation, the terms of the MOU differ significantly from the City’s standard service agreement terms. As described below, the City’s financial obligation, and the associated risks, are more significant than in other service agreements; however, staff believes that the benefits to the community that come from City of Santa Clara Printed on 5/22/2026Page 2 of 7
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26-15700 Agenda Date: 5/26/2026
providing the PERT Program Co-Response Model are significant enough to justify the increased financial risk.

Key Terms of the MOU:

The proposed agreement establishes a continued partnership between the City of Santa Clara and the County of Santa Clara to operate the Psychiatric Emergency Response Team (PERT) program under a co-response model pairing a sworn Police Department officer with a Behavioral Health Services Department clinician.

County Responsibilities:

The County will employ and assign a State-licensed BHSD clinician in good standing to work alongside Police Department personnel. The County will initially cover all personnel-related costs, including salary, benefits, training, payroll taxes, and workers’ compensation, and will provide necessary equipment such as a laptop and cellphone. The County will invoice the City monthly for reimbursement and is not obligated to continue services once the City’s maximum financial obligation is reached. The County waives any right to seek reimbursement from the City or its personnel for workers’ compensation or related expenses associated with injuries to the clinician arising from services performed under the agreement. The assigned clinician must complete a background investigation and maintain appropriate licensure, law enforcement security clearance, and knowledge of current psychiatric diagnostic criteria and applicable legal and ethical standards.

City Responsibilities:

The City will reimburse the County for all personnel-related costs associated with the clinician, including required supervision, at rates consistent with the County’s applicable collective bargaining agreement. Any rate increase during the term of the agreement shall not exceed five percent (5%) and shall not include County general overhead costs. The City pays the County for the costs of the position for all periods when the Clinician is assigned to work for the City, even if the Clinician is not working on a particular day (i.e., City pays for the position even when Clinician is taking vacation days or sick days). No payment will be made during periods when a clinician is not assigned to the City. Each party bears responsibility (and associated liability, if any) for the actions of its own employees. The City will provide necessary equipment and workspace, including a fitted protective vest, desk, and office supplies and will reimburse the County for mutually agreed-upon training expenses in accordance with City policy. Training needs will be determined collaboratively throughout the term of the agreement. The City will also collaborate with the assigned clinician to prepare and submit quarterly program narrative reports to the County, which will include summaries of the PERT program’s performance goals, milestones achieved, and any issues or concerns encountered during the reporting period.

Term and Cost:

The agreement covers Calendar Years 2026 through 2028. The City’s maximum financial obligation under the agreement is $269,343 annually (comprised of one (1) full-time licensed clinician and 0.15 FTE for administration, supervision, and consultation), or $808,029 for a period of three years, subject to annual identification of a funding source and City Council appropriation.

PERT Co-Response Model Impact:

The co-response model provided through PERT has demonstrated clear operational advantages. By pairing officers with a clinician in the field, the program enables immediate clinical assessment, City of Santa Clara Printed on 5/22/2026Page 3 of 7
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26-15700 Agenda Date: 5/26/2026
supports de-escalation, and facilitates direct linkage to behavioral health and substance use disorder services. This approach reduces reliance on emergency rooms and the criminal justice system while improving outcomes for individuals in crisis.

Since the integration of a dedicated clinician in June 2023, the Department has observed measurable improvements in key outcomes, including reductions in calls for service, use-of-force incidents, and psychiatric hospitalizations.

Year Mental Health Related
Dispatched Calls for
Service
Use of
Force
Psychiatric
Hospitalization
2022 942 4 324
2023 864 2 209
2024 772 2 225
2025 867 2 246
As shown above, mental health-related calls for service in 2024 declined approximately 18 percent compared to the 2022 baseline. Although call volumes increased in 2025, they remain below pre- implementation levels, suggesting that early intervention and follow-up services are reducing repeat crises.

Use-of-force incidents during mental health-related calls declined from four incidents in 2022 to two incidents annually from 2023 through 2025, indicating improved de-escalation outcomes and enhanced safety for both community members and responding personnel.

Psychiatric hospitalizations also declined significantly following implementation, decreasing by approximately 35 percent in 2023 compared to the pre-PERT baseline. While hospitalization volumes have modestly increased in subsequent years, they remain approximately 20 to 30 percent lower than pre-implementation levels, reflecting more effective in-field assessments and increased utilization of community-based alternatives.

These outcomes demonstrate that the PERT co-response model is an effective, data-driven approach to addressing behavioral health crises. Unlike the clinician-only response models, PERT provides immediate, coordinated intervention that integrates public safety and clinical expertise in real time. Continued investment in this program will allow the Department to sustain these gains, maintain a high level of service for vulnerable populations, and preserve a proven co-response capability for individuals experiencing behavioral health crises.

A significant portion of behavioral health related calls involve co-occurring substance use disorder, further reinforcing the need for an integrated co-response model that can address both clinical and safety considerations in real time.

Approval of the proposed MOU will ensure continuity of the PERT co-response model and reflects the City’s and City Council’s continued support for integrated behavioral health response services and coordinated crisis intervention efforts within the community.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California City of Santa Clara Printed on 5/22/2026Page 4 of 7
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26-15700 Agenda Date: 5/26/2026
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
Funding for one full-time County mental health clinician assigned to the Police Department’s PERT program for calendar year 2026 is $269,343, or $134,672 for FY 2025/26. The term of the MOU is three years, for a total not-to-exceed amount of $808,029, with rate increases not to exceed five percent (5%) over the term of the agreement. In FY 2025/26, there are sufficient appropriations in the Opioid Settlement budget to cover the costs for January 1, 2026 through June 30, 2026. In FY 2026/27, the program costs are recommended to be covered by Opioid Settlement funds as well as COPS Program Supplemental Law Enforcement Services funds as discussed below.

The City is eligible to receive opioid settlement funds through a series of national agreements with pharmaceutical manufacturers, distributors, and retailers. In December 2022, the State of California entered into additional settlement agreements with Teva, Allergan, Walgreens, Walmart, and CVS (“New Settlements”), which are expected to provide up to $1.8 billion in statewide abatement funding, in addition to approximately $2.2 billion from earlier settlements.

Under the New Settlements, the City’s allocation represents approximately 0.067 percent of abatement funds, resulting in a weighted share of 0.0549723 percent. If all eligible jurisdictions participate, the City is estimated to receive up to approximately $845,000 in total funding over a 15- year period. Payments are distributed over time and are subject to change based on settlement terms and participation levels.

Staff recommends the following funding sources to support continuation of the PERT program:

1. Opioid Settlement Funds
The PERT program aligns with the allowable uses of opioid settlement funds by addressing behavioral health crises that frequently involve substance use disorders, including opioid-related incidents. The co-response model supports diversion from the criminal justice system and facilitates access to treatment and recovery services, consistent with statewide abatement objectives. To date, the City has an unspent balance of $176,649 in opioid settlement funds, which is sufficient to support program costs through FY 2025/26 and into the following fiscal year. As part of the FY 2026/27 and FY 2027/28 Capital Improvement Program Budget adoption on June 9, 2026, the estimated unspent balance of $41,977 was carried over into FY 2026/27. Additionally, as detailed in the table below, staff recommends recognizing opioid settlement funds that have been received by the City; however, not yet appropriated to cover the costs of this agreement in FY 2026/27.

2. Citizen’s Option for Public Safety (COPS) Program Supplemental Law Enforcement Services Fund
On February 7, 2023, the City Council approved the allocation of $70,000 of COPS 2023 funding for the PERT program. On September 19, 2023, the City Council approved Amendment No. 1 to the MOU with the County for the PERT program, including a budget amendment carrying over the $70,000 in COPS 2023 funding (Attachment 3). Similar to the opioid settlement funds, the 2023 COPs funds have been carried over as part of the FY 2026/27 and FY 2027/28 Adopted Capital Improvement Program Budget for this agreement.

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3. General Fund
While additional opioid settlement funds are anticipated, the timing and amount of future disbursements are uncertain. In the absence of sufficient grant or settlement funding, the General Fund may be required to support some or all program costs in future fiscal years.

4. Other Funding Sources
Staff will continue to pursue additional grant opportunities and monitor potential State funding that may become available to support behavioral health response programs such as PERT.

The following budget amendment recognizes and appropriates additional opioid settlement funds to support the PERT program.

Budget Amendment
FY 2026/27
Current Increase/
(Decrease)
Revised
Expendable Trust Fund
Revenue
Other Agencies Revenue $0 $160,327 $160,327
Expenditures
Opioid Settlement Funds $41,977 $160,327 $202,304

COORDINATION
The 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. Approve and Authorize the City Manager or designee to execute the Memorandum of Understanding between the City of Santa Clara and the County of Santa Clara for Mental Health Services for the period January 1, 2026 through December 31, 2028, with a maximum compensation of $808,029, subject to the appropriation of funds; and

2. Approve the FY 2026/27 budget amendment in the Expendable Trust Fund, recognizing other agencies revenue in the amount of $160,327 and increasing the Opioid Settlement Funds appropriation in the amount of $160,327 (five affirmative Council votes required to appropriate additional revenue).

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26-15700 Agenda Date: 5/26/2026
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. RTC 22-931 w/MOU

2. RTC 23-1418 Spending Plan for LE Services Fund

3. RTC 23-858 w/Amendment No. 1

4. PERT Amendment No. 2

5. Proposed PERT MOU CY26 - CY28
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22-931

REPORT TO COUNCIL

SUBJECT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca .gov
@SantaClaraCity
Agenda Date: 8/30/2022
Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Over the past decade, there has been an increase in calls for service for persons experiencing mental health crises throughout the region. Over this same timeframe, there has been concern at the county and State level about the overrepresentation of persons with mental illnesses in jails and prisons. The criminal justice system has emphasized diverting individuals with mental health struggles at the earliest point possible, preferably according to the system at the initial point of contact with law enforcement. Meanwhile, law enforcement agencies continue to come across the same individuals experiencing crises.

In 2015, the Police Department coordinated a two-year $220,000 agreement with the County of Santa Clara Behavioral Health Services Department (BHSD) for intensive case management for up to 20 chronically homeless individuals. This agreement has been amended every two years and expired on June 30, 2022. The Community Development Division is in negotiations with the BHSD for a $250,000 agreement for intensive case management for chronically homeless individuals, plus $100,000 for homeless prevention services. If approved, this two-year agreement will expire on June 30, 2024.

In 2017, the County Board of Supervisors approved the development of a BHSD Psychiatric Emergency Response Team (PERT) program. The PERT program was established to provide the highest possible level of service to someone in acute mental crisis before the situation worsens or requires hospitalization. The following year, the County established a pilot Mobile Crisis Response Team (MCRT). The MCRT provides law enforcement agencies throughout the County with in-field response to in-progress crises.

In 2019, the Police Department rebranded the Nuisance Suppression Unit to the Community Response Team (CRT). With the rebranding came a shift in emphasis from nuisance suppression and abatement to expanded goals of crime reduction, addressing long-term public safety issues and promoting community wellness , often among vulnerable communities.

During the same timeframe, numerous law enforcement agencies throughout the United States started pairing police officers with licensed clinicians to respond to calls involving an individual in a City of Santa Clara Page 1 of 5 Printed on 6/29/2023
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22-931 Agenda Date: 8/30/2022
mental health crisis. Retired Police Chief Michael J. Sellers began communicating with BHSD about the Police Department's interest in establishing a PERT and Mental Health Collaboration Program in partnership with the County.

While the Police Department utilizes the MCRT as needed, and collaborates with its two clinicians on unique cases, these resources do not match the demand County-wide. As a result, on November 13, 2018, the Police Department sought City Council approval for the Citizen's Option for Public Safety (COPS) program Supplemental Law Enforcement Services Fund spending plan and the related budget amendment (RTC 18-930); the item passed unanimously. Of the $307, 179 received as part of this funding allocation, $180,000 was earmarked for a Memorandum of Understanding (MOU) with BHSD to establish a pilot PERT program with a mental health clinician.

While BHSD utilized Mental Health Services Act (Proposition 63) funding to establish PERT partnerships with the Santa Clara County Sheriff's Office, San Jose, Palo Alto and Gilroy Police Departments according to youth suicide statistics and an interest to expand geographical coverage, BHSD's staffing levels precluded their ability to enter into an MOU with the Santa Clara Police Department at that time.

Meanwhile, in December 2020, the CRT expanded to include two Crisis Intervention Specialists (CIS). CIS operates from an unmarked vehicle, officers wear plain clothes, and are tasked with responding to calls for service that may involve a mental, behavioral or emotional health situation, identifying the situation, assisting with coordinating social services and conducting follow-up with family members following the episode. CIS also makes contact with individuals and/or families that have come to the attention of the Police Department where mental health services may be needed.

In 2021, the Police Department responded to 1,169 mental health-related events, 31 % of which resulted in psychiatric hospitalization. CIS members were able to follow up on 460 reported mental health incidents where collaboration with family members and a connection to resources would be most beneficial.

In January 2022, the Police Department initiated the Special Needs Awareness Program (SNAP). It, too, is designed to improve police interactions with members of the community . SNAP provides first responders with important information when responding to calls for service that involve individuals with special needs. Participation in SNAP is voluntary, and information collected is stored in a confidential database. This database is accessed by public safety dispatchers should an emergency or non-emergency call for service involve the registered individual, their associated vehicle license plate number or address. In this case, relevant information may be disclosed to responding first responders alerting responding personnel of accommodations that may need to be considered upon arrival and/or during the incident.

Training
For years, the Police Department's Training Unit has incorporated innovative strategies to improve the officers' decision-making ability when encountering individuals who resist lawful action. These strategies (e.g. time, distance, cover, etc.) and tactics (e.g. active listening, negotiation, less lethal equipment , etc.) help increase the odds of the City's officers decreasing the intensity of a given situation. These tools are intended to empower officers to assess the risk, evaluate options in response to perceived threats and consider the consequences of alternative responses for better outcomes for officers and the community, ideally with a reduction in the amount of force necessary.

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As a result, the Police Department has been meeting and/or exceeding all of the new Federal guidelines for some time through Department policy and/or California State mandates.

Training includes, but is not limited to, Crisis Intervention Training (CIT) among public safety dispatchers and police officers to help recognize signs of suicidal or homicidal ideation, self-injurious behavior, mood disorders, psychotic disorders and substance misuse. CIT programs create connections between law enforcement, mental health providers, hospital emergency services and individuals with mental illness and their families. Through intensive training and these collaborative partnerships, CIT improves communication, minimizes the use of force, increases officer and community safety and identifies mental health resources for those in crisis. CIT is also intended to aid in keeping people with mental illness out of jail through reduced arrests and treatment for recovery.

DISCUSSION
Nationally, psychologists have long played an important role in policing, including assessing the mental health of officer candidates, and counseling officers who may be struggling after experiencing traumatic incidents. Now, after highly visible incidents across the country have brought into question the adequacy of police officers' training to respond to mental health crisis calls, progressive law enforcement agencies are partnering with clinicians to collaborate more closely on emergency responses.

In 2021, it is estimated that approximately 2% of police calls for service in the City of Santa Clara involve an individual behaving erratically or experiencing a mental health crisis; people disabled by substance abuse and/or intoxication is much more difficult to quantify but is undoubtedly greater. The vast majority of these calls do not involve crimes or violence, yet the broader community is ill­ equipped to safely and effectively handle the situation. Individuals in crisis often encounter barriers preventing them from receiving the proper services, and unmet attention can result in added reliance on law enforcement. While there has been national attention to make critical support services more accessible, locally there are not services to match demand.

From 2020 through present, a number of local (e.g. lockdown, quarantine, physical distancing, masking), national (e.g. impeachment trial and election protests, stock market crash, wildfires, civil unrest and call for social justice , curfew, unprecedented unemployment, gun violence, Roe vs Wade Supreme Court decision) and global (e.g. pandemic, vaccine rollout) incidents have fostered feelings of uncertainty, fear and loneliness. These factors, alone or combined, have translated into higher levels of psychological distress, stress, anxiety and/or depression.

Year Police Police Events
Calls for Self- Involving
Service Initiated Use of
Calls for Force
Service
2019 61,931 17,608 100
2020 68,865 18,339 87
2021 61,421 14,921 84
City of Santa Clara
Number of
Incidents
that
Involved
the
Discharge
of a
Firearm
1 0
0