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Home My WebLink About0200.094• " --U!" Karch 24, 1994 THE HONORABLE CITY COL~CIL Palo Alto, california -. Pall-Throygh Lop. Agr.y.;;t with Btanford Caiver,it.y to support the Dr 14 egp logee; Gpel During the upcoming World. CUp Soccer Games to be played at stanford Stadium in June and. July, over 25 agencie& will participate. In order to enhance ccmmunications, the United States Department of Defense (000) has offered to loan agencies the uae of certain equipaant. In order for Palo Alto t~ utilize this equipment, the DOD requires. .e. pass.~tl1..roU9h equipment loan aqreement through Sta~ord. University that ensures sufficient coverage in the event of loss or damaqe to the equipment. Staft recommends that council authorize the City Manager or her desiqnee to enter into this aqreement .. Pi'gul.:lon Tbe ~994 World CUp competition will consist of 52 qaaes involving 24 teaas in nine venues throughout the United state~. Six o~ the q_es will be played at Stanford Uni versi ty. The aaqni tude of this international event requires complex and thorough planning to ensure the security and safety of all participants~ spectators, visiting dignitaries and citizens. In the late 1970s, the United states government became increasinqly aware of se.curity needs tor international events. After the terrorist attack durinq the 1972 Olympic Games in Munich, Germany, and due to the increased number of major international events that were occurring wi thin the country, the federal government tooJc !Some specific a.ction in this regard. Be.qinning with the 1980 Winter Olympics that were beld. in Lake Placid~ New 'York I the t'ederal qoverruaent authorized the Department of Defense to create the Office of Special Events for the purpose of supporting law enforcement agencies in communities that were hosting such events. This support consi5ts of the loan of security-related and communicatiol~ equipment and personnel assistance. Since last year, the DOD, the Federal Bureau of Investiqation and the V.S. State Department have he en working closely vith each of 0IR:ZOO:94 5 ., '. o Paqe 2 the nine World ~~p venues. These agencies are providinq expertise in venue and tran6portation security; aviationj cOlJUQ.unications; explosive ordinance disposal and detection; and emergency response training and liaison personnel, who ~re assistlnq in the preparation of the security plans. As part ot tbe integrated security plan l the DOD will provide stanfol'd University with portable radios. t.hat will all-ow for integrated communications, fencing and other equipment a& needed. Palo Alto and other local agencies will then borrow the equipment frOla stanford. Palo Alto Police Department will use 70 radios (Vlllued at $"1,700 elLch) on game days for use by supervisors and officers. The radios will he issued and collected each game day and, 3tored and. maintained by Stanford CO!nmunic~tions personnel,. Fencinq (valued at approximately $30,000), that will be use~ for traffic management and p£destrian safety, will also be provided by tha 000. Additional equipment, 50uch as body shields, belmets, cellular phcnes, etc. may be provided, if the need arises. ~n order for the Police Department to use the radios. fencing and possible other equipment, the DOD require~ a signed agreement t.~at ensures finaJlcial coverage in the case of loss or damaqe to any of the equipment used. Because stanford University is the primary aqeneyl the attached aqreeroent is considered a pass-through agreement with Stanford. "P9P"n 4at;ioA Staff recommends that the Council authorize the city Manager or her desi;nee to ente~ into the attached agreement with Stanford university and the Department of Defense that will allow for the use of portable radios, fencing and other possible equipment durinq the World cup Soccer Games. Respectfully submitted~ ~Y lsta t City Manager. Attachment i l'--'t i ' , ........ Chris Durkin Police Chief ., • PASS TlmOOGE IIQ':l'IPHBNT LOAN A<llI.IIEKENT POR SUPPORT TO THE 1994 WORLD CUP This Agreement is entered into effective as of March 1994, by and bet'~en the Board of Trustees of the Leland Stanford Junjor University. acting through the Stanford University Department of Public Safety (hereafter called ·Stanford") and the City of Palo ~to (hereafter called the "BOrrower"). RECITALS A. Sta.nford has or will bOL'row equipment and :materials (the "Materials· ) from the United States Government (the "Government") for logistical and security support prior to and during the 1994 World Cup Soccer Games (the ·World Cup"). pursuant to a written a3reement with the Governmen~ (the "Government Loan Agreement· ) . B. Borrower desires to borrow from Stanford some of t.he Materials for Borrower's use in connection with the World Cup. C. Stanford is willing to allow Borrower to borrow and use Materials on th~ te~~ a~d conditions set forth herein. NOW, 'THEREFORE, in consideration of the premises and covenants herein contained i the parties hereto agree as follows: Stanford will loan to Borrower Materials that Stanford borrows, pursuant to the Government Loan Agreement i for use by aorr~wer. Materials loaned to Borrower pursu~~t to this Agreement shall hereafter be referred to as -Borrowed Equipment-. 1 • 2. gesponsibilitieg of Borrpwer. a. For lost Borrowed Equipment, reimbursement to Stanford by the: Borrowe~ will be calculated at the greater of replacement cost or the reimbu~sement Stanford must pay the Government; provided however, as set forth elsewhere herein, Borrower may be required to pay the Government diroctly if Stanford 60 instructs Borrower. b. On a case by case basis, the EorrDwer will be re~~ired to reimburse the Government for any expenses imposed upon Stanford for rehabilitation of ~~ged Borrowed Equipment~ whether d~ge occurred by theft, negligence, or accident. c. The Borrower will assume the responsibility for all debt9~ judgments and claims against Stanford, or its trustees~ officers, employees or agents, arising from Borrower~s possession, use l or transportation of Borrowed Equipment not arising fram the active negligence or gross misconduct of Stanford. and agrees to hold Stanford harmless from any such claims and .liability. including claims by the Government. d. Stanford makes no warranty or guarantee of the fitness of any of the Borrowed E~uipment for a particular pu~ose or use; nor does Sta.."'lford make warranty of any type whatsoever. e. The Borrower will file and prepare incident and/or accident reports, and any other applicable reports, concerning the Borrowed Equipment, in accordance with applicable laws and local ordinances. 3. Tenr.s of Loan: a. The loan of Borrowed Equipment pursuant to thi9 Agreement is intended to meet a temporary need in connection \oIith 2 • • the World Clp. The Borrower will keep the Borro~ed Equipment only for the period of the World Cup from the date of the loan until no later than 30 AUg~8t 1994 , unless otherwise agreed in writing by Stanford~ the Government and Borrower. iIf"hen borrowing Borrowed Equipment, an authorized representati .... e of Borrower 'Will be required to sign a hand receipt (the ·Receipt l ) which will specifically identify the Borrowed Equipment being loaned anj will serve as the record of the Box-rowed Equipment tranSiaction between Stanford and Borro'M'er-, acknowledging Eorrower~ s receipt eo..nd possession of the Borrowed Equipment in good order and repair. C. The Borrowed Equipment will only be loaned to an a'.lthorized represent.ative of Borrower. The indi .. douala identified below are the authorized representatives of Borrower for purposes hereof (including signature of the Receipt) and are authorized to. and will, accept accountability and x~sponsibility on behalf of the Borrower for loan of the Borrowed Equipment specified in the signed Receipt. tl) Lt. Jon HernaDdez. Palo ~to Police Departme~t (2) CpL Tom Mo?rson, Palo Alto Police Deparm,ent 4. CQnditiQ~f_~oa.n.i. The following terms and conditions apply to the loan of Borrowed Equipment pursuant to this Agreement: a. Stanford may revoke and te~inate this agreement and Stanford or the Government request return of the Borrowed Equipment in whole or in part at any time. 3 >" • ,. ., , ....... -:;. . -.-/ ".~' .' ',c"O"'"" ,.~:;. .j' ® 0 b. At all times, Stanford and the Government shall have free access to all BorrO'b'ed Equipment for the purpose of inspection or inventory. s. Pick-up and Return Certification. a. upon delivery of Borrowed Equipment to Borrower. an authorized representative of Borrower shall sign the P.eceipt. b, Upon delivery of Borrowed Equiprr.ent to Borrow~r. Borrcwer or its authorized representative will conduct an inspection and inventory of such Borrowed Equipment. c. Upon return of the Borrowed Equipment, Borrower or its authorized representative will inspect and inventory the Borrowed Equipment and certify, in writing, the quant_ities and any deficiencies in Borrowed Equipment degrading ics operability. d. In instances when the authorized representative j s not available to sign for Material deli, .. ered by the Government or Stanford intended for delivery to Borrower, the Material may be returned to a Government or Stanford storage facility. Under such circumstances, if t.he Govertml_ent or Stanford submits a claim fer cost related to the transportation, storage, and maintenance of this Material, Borrower shall pay ~~y amount owing on such claim. 6. pge of Borrowed Equipment The Borrower is responsible to Stanford and to the GO""..rermnent for the care and operational maintenance of BorrC'Med Equipment: during the term of the loan including 'lliithout liIr.itation: a. Providing sufficient personnel and facilities to adequately operate, maintain, protect, and secure the Borrowed Equipment. 4 .~ . - . . b~ Maintaining t.he Borrowed Bquipment i!l a servicea.!:lle condition Ct.!ld ens\lring that it is returned to Stanford and th~ Government in as good a condition as when it was loaned (reasonable wear and tear excepted) • c. Keeping records of maintenance performed on tr .. e Borrowed Bquipment and returning such records to Stanford and the Government with the Borro'Wed Equipment. w..'1en appropriate~ the Borrower will store ~~d preserve the Borrowed Bquipment as reasonably necessary to preserve its condition until its return to SLanford or the Government. d. Storing~ safeguarding, and securing high value Borrowed 8quipnent in a manner consistent with common practicer public law, and local ordinance. e~ Taking all reasonable,steps to prevent misuse of Borrowed Equipment; or its use by unauthorized persons. f. Neither making nor permitting any modifications or alterations of Borrowed Equipment without prior written permdssioD of Stanford and the Government. 7~ Return and Delivery a. Subject to Government requirements and needs~ there may be avai~able no-cost deli~"ery and tucn-in of Borrowed Bquipment. Any costs imposed on Stanford by the Goverrunent in coc.nection with the Borrowed Equipment. shall be passed on to Borrower and paid by Borrower {to Stanford or directly to the Gove~~nt~ in Stanford~s sole discretion) I without setoff, within :10 days of StanfoL'd' s demand t.h~refor. b~ The Borrower way be asked to return Borrow€d Equipment to a location within Santa Clara County or San Mateo 5 • -.. county, as designated by the Goven:::ment or Stanford, 'When the Borrowed Equipment is no longer needed, upon terminatio.:.i of tbe loan period, or upon request af the Gove~~nt or Stanford. The Borrower will provide the follol,to'ing in~urance .. ""ith respect to the obligations and liabilities unde= tr.is Agreero_ent, and will provide evide~ce therenf to Stanford: a. Liability insurance of at least $5 1 000,000, naming Stanford, its officers, trustees. employees and agents, and the Government. as additional insureds; provided, however, that evidence of financial responsibility therefor to the amount stated may be submitted through proof of self insurance in lieu of such insurance. b. Property Insurance of at least $1.000, DOD. naming Stanford and the Government as additional insureds; provided, however~ that evidence of financial responsibility therefor to the amount atated may be submitted through proof af self insurance in lieu of such ir~urance. 9. Time is of the E;_~;t.ence. Time is of the esser.ce with respect to each term and provision of this Agree~nt. ~O. No ,Joint Vent.ure or Agency. In no event shall this Agreement create or be construed as creating any employer-e:np1 oyee. j oint venture, partnership or agency relationship between the parties hereto or between the COver~~ent a~d either of the parties hereto. 6 -." This Agreemen~ is entered into by the parties hereto as of the date first. set forth above. ATTBST: City Clerk APPROVED AS TO FORM, Senior Asst. City Attorney APPROVED: City Manager Police Chief Risk Manager 7 Hll161)"1l 004.107 CITY OF PALO ALTO Mayor OOAJU) OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY By: wl........:-d. /)~ I~s: Chief of Police APPROVED AS TO FORM, , « " •