CITY COUNCIL STAFF REPORT
MEETING DATE: June 17, 2015
PREPARED BY: Shane Palsgrove, Captain/Police
APPROVED BY: City Manager
Title
LAW ENFORCEMENT SERVICES AGREEMENT FOR SUPER BOWL 50
END
RECOMMENDATION(S):
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or his designee to execute the attached Agreement which would allow the Morgan Hill Police Department to provide law enforcement services to the new Levi's Stadium in Santa Clara with respect to increased security during the 2016 Super Bowl, joining other Santa Clara County agencies whose assistance is needed given the staffing demand.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities 2015 Focus Areas
Enhancing public safety Participate in Regional Issues
REPORT NARRATIVE:
Since 2014, the San Francisco Forty-Niners have hosted their regular season football games at Levi's Stadium. The Stadium was completed in 2014 and is maintained by the City of Santa Clara and the Santa Clara Stadium Authority. The Stadium Authority has been selected to host the February, 2016 NFL Super Bowl. Toward that end, the Santa Clara Police Department has requested support from local law enforcement agencies and has worked with staff from the City of Morgan Hill and other Bay Area municipalities to develop a police services staffing plan in advance of the 2016 Super Bowl. The plan allows Santa Clara to supplement its police department's staff with experienced peace officers from the region. This new Agreement is separate from the Agreement previously entered into with the City of Santa Clara in March 2014 for officers to serve in a per diem capacity at Levi's Stadium.
Staff recommends participation as a cooperative measure to support an allied law enforcement agency in providing adequate public safety resources for a significant regional venue, and to provide an outside employment opportunity for some Morgan Hill police officers who may be interested in serving in this capacity.
Proposed Agreement
The proposed Agreement provides that officers from neighboring law enforcement agencies will serve as part of a special detail to assist with stadium security, but will do so in their capacity as Morgan Hill Police Officers. Such officers will not be considered reserve officers as under the March 2014 Agreement, but will continue to be under the employ of their home agency. They will wear their Morgan Hill Police Department uniform, and use their regular Morgan Hill Police Department equipment. The Stadium Authority will pay the officers an hourly rate, with payment being remitted to the home agency after invoicing. Each agency shall be liable for the acts of its own employees. Various city attorneys and staff from local municipalities in the County have negotiated the Agreement attached here to as Exhibit A.
The Agreement provides that participating officers' duties to the City of Morgan Hill will take priority over any assignment with the Santa Clara Police Department and officers can be recalled to the City of Morgan Hill without prior notice in the event of an emergency.
The cities of Mountain View, Los Altos, Milpitas, Gilroy, Campbell, Morgan Hill, and the City of Santa Clara intend to enter into this Agreement. Police Department staff will monitor its officers' participation for any negative impacts and report any incidents to the City Manager. If necessary, the City's participation can be terminated in its entirety at its election upon notice.
The proposed Agreement is intended for planned policing events at the stadium and does not supersede mutual aid Agreements for unusual occurrences or other significant events.
COMMUNITY ENGAGEMENT: Not Applicable
The Agreement with the City of Santa Clara is for police services at the 2016 Super Bowl, therefore community engagement is not applicable
ALTERNATIVE ACTIONS:
The Council could decide to not enter into this agreement.
PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
Existing Agreement
In March 2014, the City of Morgan Hill entered into a separate Agreement which allowed Morgan Hill Police Officers to work as "Per Diem Police Officers" for the City of Santa Clara for the sole purpose of providing police services for the Santa Clara Stadium Authority. Under that Agreement, participating officers must meet certain certification requirements, and are subject to a background check. They work in a per diem capacity at the stadium and are off-duty from their employment with the Morgan Hill Police Department. The officers are "double-badged" and are classified as reserve police officers for Santa Clara, wearing Santa Clara police uniforms and insignias. The officers are trained and supervised by the Santa Clara Police Department for stadium events. Officers utilize their personal protective equipment issued by the City of Morgan Hill in order to ensure familiarity and proficiency by the officer.
The hours worked in Santa Clara do not contribute to hours worked for the City of Morgan Hill for the purposes of calculating overtime or other City-provided benefits. The Officers are paid directly by Santa Clara. Morgan Hill does not pay salary or overtime for this work.
Since June 2014, two officers from the Morgan Hill Police Department have worked at Levi's Stadium as reserve officers pursuant to the Agreement without incident.
FISCAL AND RESOURCE IMPACT:
The City will generate an invoice for the overtime hours for officers who worked the event. Reimbursement will made by the Santa Clara Stadium Authority. The fully burdened overtime rates included in the Agreement were confirmed by the Finance Department at FY2015-2016 rates.
CEQA (California Environmental Quality Act):
Not a Project
LINKS/ATTACHMENTS:
1. Resolution
2. Super Bowl 50 Law Enforcement Services Agreement