REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment with Forty Niners SC Stadium Company LLC and Bay Area Host Committee and Ratify the Previous Execution of the Confidentiality Agreement with Guidepost Solutions LLC
Report
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Security at Levi’s Stadium operates under a layered approach. As the Stadium Manager, the Forty Niners Stadium Management Company LLC, hires private security personnel to manage traffic and the parking lots and to provide the first layer of fan interface and security. The Santa Clara Police Department is the lead law enforcement agency whose primary role is to coordinate with public (local, state and federal) and private entities to prevent a terrorist attack, provide a secure environment, facilitate a safe traffic patterns, ingress and egress, and to limit the impacts to the surrounding community.
In Fall 2023, the Stadium Authority conducted a Statement of Qualifications (SOQ) process consistent with Santa Clara City Code (SCCC) Chapter 17.30 (Stadium Authority Procurement Policy) and SCCC 2.105.140(b) (Competitive Requirements for Purchases) for the review and assessment of event entry/security procedures and neighborhood impacts for Levi’s Stadium events. The Stadium Authority received three proposals in response to the SOQ and Guidepost Solutions LLC (Guidepost) was selected as the highest ranked proposer.
On November 29, 2023, the Stadium Authority and Guidepost entered into an agreement in an amount not to exceed $99,800 (Attachment 1). Under the Stadium Authority Procurement Policy, the Executive Director has signature authority to execute service agreements in an amount up to $100,000, as allocated to and authorized by the Stadium Authority by adoption of the annual budget.
The Executive Director previously shared that Forty Niners SC Stadium Company LLC (StadCo) and Bay Area Host Committee (BAHC) agreed to share the costs of the security and neighborhood impacts assessment. Both organizations have a vested interest in the project as StadCo leases Levi’s Stadium for Forty Niners games and the BAHC is responsible for the coordination and planning of Super Bowl LX and FIFA World Cup 2026 matches at Levi’s Stadium in 2026. The proposed Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment (Funding Agreement) calls for StadCo and the BAHC to respectively fund 45% and 10% of the costs in connection with the Stadium Authority’s Agreement with Guidepost Solutions LLC.
As the Executive Director does not have delegated authority to execute reimbursement agreements, the proposed Funding Agreement is being presented to the Stadium Authority Board for approval. Additionally, due to the sensitive nature of the public safety and security information and materials being reviewed by the consultant to complete the scope of work, the City of Santa Clara and Stadium Authority entered into a Confidentiality Agreement with Guidepost. The Executive Director inadvertently executed the Confidentiality Agreement on behalf of the Stadium Authority without Board authority. As such, the Stadium Authority Board’s ratification of the Executive Director’s previous execution of the Confidentiality Agreement is also requested.
DISCUSSION
Below is a summary of the three agreements referenced above.
Agreement with Guidepost
Under the scope of its agreement with the Stadium Authority, Guidepost is responsible for interviewing involved parties (i.e., Santa Clara Police Department, Stadium Manager, and Levi’s Stadium security staff), attending two NFL events and two major Non-NFL events at Levi’s Stadium, and preparing reports that summarize assessments and recommendations for improvements to the Executive Director in the following areas:
1. Security Screening, Event Entry, and Crowd Management: Evaluating and analyzing crowd ingress and egress procedures; comparing existing ingress and egress procedures and protocols with best practices and successful solutions employed by NFL stadiums and other venues that host major events; evaluating and assessing how current stadium operations align with Department of Homeland Security SAFETY Act and other stadium best practices; and developing long-term solutions and recommendations to improve fan ingress and egress to ensure safe events at Levi’s Stadium with positive experience for fans.
2. Neighborhood Impacts: Evaluating and analyzing existing impacts to neighborhoods and businesses surrounding Levi’s Stadium during major events and existing protocols and procedures for mitigating traffic congestion, tailgating, mobile vendors, ride share, and other associated impacts from fan presence adjacent to Levi’s Stadium; comparing existing procedures and protocols with best practices and successful solutions employed by NFL stadiums and other venues that have residential and business communities adjacent to the venue; and developing long-term solutions and recommendations to further mitigate event impacts to residential and business communities near Levi’s Stadium.
Guidepost’s scope of work includes providing the Stadium Authority with an initial draft of findings and preliminary recommendations after completing interviews with representatives from involved parties and attending two NFL games during the 2023 NFL Season, conferring with public safety officials, the Stadium Authority, and Stadium Manager on Guidepost’s initial findings and recommendations, and providing a final report to the Stadium Authority and Stadium Manager after attending at least two Non-NFL events at Levi’s Stadium.
Due to the security aspects of the assessments, the agreement requires that Guidepost prepare two versions of the final report: A version that contains general information that can be shared publicly without compromising public safety and security procedures and a separate confidential version that contains detailed information concerning assessments and recommendations related to security public safety and security operations. Guidepost will present its final findings and recommendations to the Stadium Authority Board at a public meeting.
At the time of writing this report, Guidepost has conducted interviews with involved parties, attended four major events at the Levi’s Stadium, presented their initial draft of findings and preliminary recommendations to Stadium Authority staff and the Stadium Manager, and is in the process of completing their final report. Guidepost’s final non-confidential report will be presented to the Stadium Authority Board at a public meeting in Fall 2024.
Confidentiality Agreement
Exhibit D in the Agreement with Guidepost contains a Confidentiality Agreement between the Stadium Authority, City of Santa Clara, and Guidepost that allowed the Stadium Authority and City to discuss and share documents and information related to confidential and sensitive security procedures at Levi’s Stadium with the consultant for the purpose of completing the project. The City Manager has delegated authority from the City Council to enter into confidentiality agreements on behalf of the City; however, after the Confidentiality Agreement was executed, it was realized that the Executive Director does not have the same delegated authority. As such, Board ratification of the Executive Director’s execution of the Confidentiality Agreement is requested and is included as part of the recommendation.
Funding Agreement
As noted above, StadCo and the BAHC have a vested interest in the project due to their respective roles of hosting Forty Niners games and coordinating and planning the upcoming Super Bowl LX and FIFA World Cup 2026 matches at Levi’s Stadium. Additionally, StadCo contracts with the Stadium Manager and event security vendor through the same agreements as the Stadium Authority.
Through the Funding Agreement, both parties will fund a percentage of the costs in connection with Stadium Authority’s Agreement with Guidepost. StadCo and the BAHC will be responsible for payment of 45% and 10% of the amounts due and payable to Guidepost, respectively.
The Funding Agreement provides that upon completion of services by Guidepost, the Stadium Authority will provide StadCo and the BAHC copies of the analysis, reports, work product, and final documents prepared by Guidepost under its agreement with the Stadium Authority. This information will be beneficial to both parties due to their roles in coordinating and planning upcoming major events at Levi’s Stadium. However, given that this information will confidential and sensitive in nature, the Funding Agreement requires StadCo and the BAHC to hold the Stadium Authority’s confidential information in confidence and provides Stadium Authority with the right to redact materials to protect public safety and security data and information before they are distributed to the BAHC.
Without the Funding Agreement, the Stadium Authority will be solely responsible for all costs associated with the Agreement with Guidepost.
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 with Guidepost has a not to exceed amount of $99,800. With the Board’s approval of the Funding Agreement, the Stadium Authority will be responsible for 45% of the Agreement costs (i.e., up to $44,910). The funds are allocated under the Stadium Authority’s Fiscal Year 2024/25 General & Administrative Budget to cover such costs. StadCo and BAHC will be responsible for 45% and 10% of the Agreement costs (i.e., up to $44,910 and $9,980), respectively.
COORDINATION
This report has been coordinated with the City’s Police Department and the Stadium Authority Counsel and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and 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.
RECOMMENDATION
Recommendation:
1. Authorize the Executive Director to execute a Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment with Forty Niners SC Stadium Company LLC (StadCo) and Bay Area Host Committee (BAHC) which will allow StadCo and the BAHC to respectively fund 45% and 10% of the costs in connection with the Stadium Authority’s Agreement with Guidepost Solutions LLC; and
2. Ratify the Executive Director’s previous execution of the Confidentiality Agreement with the City of Santa Clara and Guidepost Solutions LLC (Guidepost) that enabled the sharing of confidential information with Guidepost to complete the required scope of work in the Stadium Authority’s Agreement with Guidepost.
Staff
Reviewed by: Chuck Baker, Assistant Executive Director
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Agreement with Guidepost
2. Proposed Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment