REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on a Public Safety Agreement between City and Stadium Authority
Report
BACKGROUND
Section 5.3 of the Joint Exercise of Powers Agreement Establishing the Santa Clara Stadium Authority, dated February 22, 2011 (“JPA”) requires that the City and Stadium Authority enter into a separate agreement entitled the “Public Safety Agreement.” The Public Safety Agreement was meant to address provision of public safety services by the City to the Stadium Authority, and the Stadium Authority’s payment to the City for such services. It was noted at the Stadium Authority meeting on December 13, 2011, that the Public Safety Agreement would be brought back at a later date for further discussion and possible approval.
DISCUSSION
The proposed Public Safety Agreement does not specifically address the various public safety related tasks to be performed at Stadium events; rather it broadly defines the personnel and services to be provided. To define the actual services provided, the agreement relies upon the terms of the Ground Lease, Stadium Lease, Management Agreement, Public Safety Plan and individual Event Operations Plans, which provide much greater detail as to specific services performed by City personnel (some of which contain public safety sensitive information). Likewise, payment for such services by the Stadium Authority to the City is broadly defined as based upon the terms of the various other, more detailed, agreements. This proposed agreement does require that the Authority indemnify the City and all of its personnel for any claims or other liability arising from performance of public safety services at the Stadium, and to provide insurance coverage for same. The provisions of the Ground Lease were not sufficient to ensure this coverage.
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 Agreement would allow Stadium Authority to tender claims and litigation matters arising from the alleged acts of a City employee working at the Stadium to the Stadium Authority’s insurance carrier for defense and indemnity. Cost savings are unknown, and are dependent upon the claims and litigation arising during the policy period.
COORDINATION
This report has been coordinated with the Finance Department and the Police Department.
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. Approve the Public Safety Agreement, and
2. Authorize the City Manager/Stadium Director to execute the Agreement on behalf of the City and Stadium Authority.
Staff
Approved by: Brian Doyle, City Attorney/Stadium Authority Counsel
Deanna J. Santana, City Manager/Executive Director
ATTACHMENTS
1. Public Safety Agreement