REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
Action to Authorize the City Manager to Negotiate and Execute a One-Year Municipal Law Enforcement Services Agreement Between the City of Santa Clara and the City of Milpitas for Supplemental Law Enforcement Services at Levi’s Stadium Events; Action on a Resolution Delegating Authority to the City Manager to Negotiate and Execute Future Indemnity Agreements and Municipal Law Enforcement Services Agreements Between the City of Santa Clara and Other Public Safety Agencies for “Double-Badgers” or Supplemental Law Enforcement Services
Report
COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Prior to the opening of Levi’s Stadium in 2014, the Santa Clara Police Department (SCPD) worked with the National Center for Spectator Sports Safety and Security and the Department of Homeland Security to develop comprehensive safety and traffic management plans for the venue and surrounding area. It is the City of Santa Clara’s obligation to provide public safety services within its jurisdictional boundaries, including at Levi’s Stadium.
Through the planning process, the Police Department acknowledged the City’s organization did not have the specialized expertise (e.g., ability to close highway off-ramps and corresponding traffic management skills), resources (e.g., air operations, crowd control, SWAT, etc.), and volume of sworn and civilian personnel necessary to implement these plans. As a result, agreements were formed with local, State and federal law enforcement partners to provide these additional services.
The Police Department relies heavily on sworn and civilian professionals to provide a safe and enjoyable experience for stadium personnel, athletes/entertainers, event attendees, surrounding businesses, and nearby residents. The staffing needs vary from event to event based on event type, day of the week, time of the day, anticipated attendance, dignitaries present, intelligence gathered from similar events, etc.
DISCUSSION
Law Enforcement Services Agreements
As the lead law enforcement agency, the Police Department secures local, State and federal resources, as necessary, to mitigate traffic congestion for event patrons and local traffic, provide a safe venue for attendees, performers and stadium personnel as well as to deter intrusion into neighborhoods while maintaining access to adjacent business properties.
Currently, the Police Department has various Indemnity Agreements with multiple agencies throughout California to provide Per Diem Special Event Police Officers (e.g., Campbell, Gilroy, Los Altos, Los Gatos, Milpitas, Morgan Hill, Palo Alto, Santa Cruz, etc.) to augment the staffing for events at Levi’s Stadium. These Per Diem employees proceed through a complete application, interview, background and training process as well as purchase the City’s uniform to be hired by the City of Santa Clara to work special events as a peace officer at a flat rate of $75 per hour. Commonly referred to as “double badgers,” the Police Department currently has approximately 154 employees in this classification. While this is a significant number, the demands within each employees’ home agency take precedence over working for the City’s Police Department. Certain times of year (e.g., summer) and special occasions (e.g., New Year’s Eve, Super Bowl Sunday, Fourth of July, Christmas, etc.) are also inherently challenging to staff in law enforcement and tend to be busiest with calls for service. Under the Indemnity Agreements, Santa Clara takes on the financial responsibility associated with any third-party claims arising from the double-badger’s actions while working at the stadium including defense and indemnity of the double-badger’s home agency if that agency is also named in the claim.
In addition to hiring Per Diem Special Event Officers through the process described above, the City also obtains personnel from surrounding jurisdictions by entering into Municipal Law Enforcement Services Agreements with local agencies for specified services (e.g., personnel, helicopter, mounted unit, K-9 team, tactical vehicles, equipment, etc.) associated with special events at Levi’s Stadium. At present, the following Municipal Law Enforcement Service Agreements are in place:
• California Highway Patrol
• Monterey County Sheriff’s Office
• San Francisco County Sheriff’s Office
• Santa Clara County Sheriff’s Office
• Sunnyvale Department of Public Safety
Proposed Municipal Law Enforcement Services Agreement with Milpitas
Staff proposes to enter into a Municipal Law Enforcement Services Agreement with Milpitas to allow personnel in various classifications, as called upon and available, to provide supplemental special detail law enforcement services for events taking place at the stadium and surrounding areas. The agreement also allows for the Milpitas Police Department personnel responding to requests for services to transmit and broadcast communications on the Santa Clara Police Department’s dispatch frequency, licensed by the Federal Communications Commission. Staff aims to have this Agreement in place for the July 2nd events. Due to the timing constraints, the parties have not been able to finalize the Agreement in advance of agenda publication, hence the request for authority to negotiate and execute the agreement. A draft version of the standard agreement is attached and contains highlighted portions currently under negotiation, including:
• Milpitas has requested that Santa Clara take on the financial responsibility for any and all workers compensation related expenses that arise from one of their officers being injured while performing services under the Agreement
• Milpitas has requested that Santa Clara take on the financial responsibility for defense and indemnity of Milpitas and their employee officers in the event a third party claim arises from a Milpitas officer’s actions while performing services under the Agreement
• The rates Milpitas proposes for their various personnel
In prior similar agreements with other agencies, Santa Clara has not agreed to accept labiality for either workers compensation claims or third-party claims, as is reflected in the standard contract language; we cannot quantify what the measure of that liability is at this time, but theoretically it could be significant, and would be more significant in the future if other agencies seek similar clauses. The City Manager’s Office will take such considerations into account and proceed accordingly.
Delegation of Authority for Future Agreements
Staff anticipates that the need for execution of both Indemnity Agreements and Municipal Law Enforcement Services Agreements in an expeditious fashion will continue. There are times in which a neighboring agency informs SCPD of their willingness to provide personnel for an event just a couple of few weeks in advance of the event date. To avoid a scenario in which Stadium event staffing is negatively impacted as a result of the timing of this notice and council meeting schedules, staff recommends the Council delegate authority to the City Manager by resolution to negotiate and execute such agreements in the future.
The authority of the City Council to contract with neighboring cities for the provision of supplemental police 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.
Government Code Sec. 54981
The legislative body of any local agency may contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former.
The Council may delegate to or require the City Manager to perform this contract approval function (City Charter Sec. 802(h)).
The Santa Clara Stadium Taxpayer Protection and Economic Progress Act, commonly referred to as Measure J, requires all public safety costs related to stadium operations to be reimbursed to the City. In addition, in accordance with the contractual arrangements between the City, Stadium Authority and the team, the team reimburses the City for public safety related expenses incurred for NFL events. For non-NFL Events, the cost of public safety (including the costs charged by our public safety partners such as Milpitas Police Department) are charged against the net non-NFL revenues of the Stadium Authority.
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 allows the Milpitas Police Department to provide support services for Levi’s Stadium, as requested and available.
Any expenses incurred by the City for the use of the Milpitas Police Department personnel at NFL events would be billed by the City to the Forty Niners, in accordance with the applicable contracts and with Measure J. For non-NFL events, the expenses are deducted from the Stadium Authority’s net non-NFL revenues.
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 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 clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Authorize the City Manager to Negotiate and Execute a One-Year Municipal Law Enforcement Services Agreement Between Santa Clara and the City of Milpitas Police Department for Supplemental Law Enforcement Services at Levi’s Stadium Events in a form approved by the City Attorney
2. Adopt a Resolution Delegating Authority to the City Manager to Negotiate and Execute Future Indemnity Agreements and Municipal Law Enforcement Services Agreements, in a form approved by the City Attorney, Between the City and other Public Safety Agencies for “Double-Badgers” or Supplemental Law Enforcement Services
Staff
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Draft Standard Municipal Law Enforcement Services Agreement (highlighted terms currently under negotiation)
2. Resolution