REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Stadium Authority Bills and Claims for the Month of February 2022
Report
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.
The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.
At the March 23, 2021 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments of $4.2 million to move funds from the Legal Contingency line item to Shared Expenses after the review of adequate documentations for costs based on Board direction. Subsequent to that direction, Stadium Authority staff met at Levi’s Stadium on March 30, 2021 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $4.2 million for the fiscal year.
In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Stadium Manager to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.
Expenses paid in February 2022 include:
• Payments totaling $162,113.70 to the City of Santa Clara for the following:
o $161,326.22 for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department))
o $368.00 for Special Liability Claims for Q2 ending 9/30/2021
o $419.48 for Special Liability Claims for Q3 ending 12/31/2021
• Payments totaling $1,882,240.38 to Forty Niners Stadium Management Co, LLC for the following:
o $246,178.36 for March 2022 Stadium Manager Expenses - Insurance
o $14,775.00 for March 2022 Stadium Manager Expenses - Compensation for Grounds
o $54,370.00 for March 2022 Stadium Manager Expenses - Compensation for Guest Services
o $1,345.00 for March 2022 Stadium Manager Expenses - Compensation for Security
o $219,785.00 for March 2022 Stadium Manager Expenses - Compensation for Engineering
o $25,048.00 for March 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $51,902.00 for March 2022 Stadium Manager Expenses - Compensation for Procurement
o $319,000.00 for March 2022 Stadium Manager Expenses - Utilities
o $10,000.00 for March 2022 Stadium Manager Expenses - Lender Fees
o $495,500.00 for April - July 2021 Stadium Manager Expenses - Utilities
o $69,458.74 for CapEx Reimbursement for CapEx Project - Security and Life Safety Partitions/Dividers
o $476,959.74 for FY2020-21 Non-NFL Event Loss
o Offset by year-end true-up credit of ($102,081.46) for Stadium Manager Expenses - SBL Sales & Services
• Payments totaling $28,035.01 to Armanino LLP for CapEx Project - FMS Project
• Payment totaling $248,811.81 to Bear Electrical Solutions, Inc for CapEx Project - Levi’s Sign Repair
• Payment totaling $187.50 to Contractor Compliance and Monitoring, Inc. for January 2022 Labor Compliance Services
• Payments totaling $189,729.11 to Fisher Scientific Co. LLC for CapEx Project - RadHalo Remote Radiation Monitors
• Payment totaling $2,866.20 to J.S. Held LLC for November - December 2021 Audit Services
• Payments totaling $20,645.05 to L.N. Curtis & Sons for the following:
o $14,885.99 for CapEx Project - PPE (Nomex Blouses)
o $5,759.06 for CapEx Project - PPE (Nomex Tops)
• Payment totaling $3,700.00 to Wilson Ihrig for December 2021 Noise Monitoring Services
• Payments totaling $55,597.35 for December 2021 Legal Services
Certain information such as names of law firms have been redacted from the Bills and Claims report. The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, information that would compromise legal strategy, and would otherwise be privileged, is redacted consistent with the Public Records Act.
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)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
There is a $2,595,587.84 fiscal impact to the Stadium Authority.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’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
Approve the list of Stadium Authority Bills and Claims for February 2022.
Staff
Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director
ATTACHMENTS
1. February 2022 SCSA Bills and Claims