REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Stadium Authority Bills and Claims for the Month of December 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 March 27, 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 be performed in compliance with applicable laws, including the City Code. Since March 27, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.
At the March 15, 2022, Stadium Authority Board meeting, the Board delegated authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from the Legal Contingency to Shared Expenses upon confirmation regarding adequate documentation of costs. Subsequent to that direction, Stadium Authority staff met with the Stadium Manager on April 12, 2022 to review documentation for shared expenses. Following meetings with the Stadium Manager, payments related to compensation that were reviewed and approved were included in the May monthly payment.
Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget-except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease. The Stadium Authority maintains the right to confirm and dispute submitted charges from the 2021-22 fiscal year and subsequent years during a fiscal-year-end reconciliation/true-up, which would allow the Stadium Authority to address any concerns regarding improper allocation or calculation, lack of support, or failure to comply with the Parties’ contracts or applicable law, among other reasons. The Stadium Authority may raise such questions with respect to any charge at any time before a fiscal year-end reconciliation/true-up and the Stadium Manager must assess and respond to such questions in good faith.
Expenses paid in December 2022 include:
• Payment totaling $140,521.05 to the City of Santa Clara for the following:
o $73,165.75 for the Senior and Youth Fees collected ($0.35 per ticket) for three National Football League (NFL) games.
o $67,355.30 for SCSA G&A Expenses in CSC01 BU
• Payment totaling $627,875.80 to Forty Niners SC Stadium Co, LLC for CFD Advance Payment - Principal & Interest
• Payment totaling $1,098,293.44 to Forty Niners Stadium Management Co, LLC for the following:
o $135,569.00 for December 2022 Stadium Manager Expenses - Security
o $318,933.00 for December 2022 Stadium Manager Expenses - Stadium Ops
o $207,406.00 for December 2022 Stadium Manager Expenses - Engineering
o $48,914.00 for December 2022 Stadium Manager Expenses - Guest Services
o $41,463.00 for December 2022 Stadium Manager Expenses - Grounds
o $174,077.00 for December 2022 Stadium Manager Expenses - SBL Sales & Service
o $149,758.00 for December 2022 Stadium Manager Expenses - Insurance
o $13,839.44 for December 2022 Stadium Manager Expenses - Use of StadCo Tenant Improvements
o $8,334.00 for December 2022 Stadium Manager Expenses - Lender Fees
• Payment totaling $25,326.00 to Armanino LLP for FMS - Managed Services (Year 1)
• Payment totaling $475,135.38 to Bear Electrical Solutions, Inc for the following:
o $59,144.54 for CapEx Proj - Gold Lot 4 and 5 Lighting
o $415,990.84 for CapEx Proj - Levi’s Naming Rights Existing Signage Lighting and Driver Repair
• Payment totaling $242,250.00 to Bear Fireproofing for CapEx Proj - Stadium Insulation
• Payment totaling $19,979.45 to Blue’s Roofing Co. for CapEx Proj - General Areas / Coatings Main Deck
• Payment totaling $59,709.88 to CDW Government for CapEx Proj - Command Post Communication Equipment
• Payment totaling $337.50 to Contractor Compliance and Monitoring, Inc for August 2022 Labor Compliance Services
• Payment totaling $36,508.05 to EyeP Solutions, Inc for CapEx Proj - License Plate Reader at Vehicle Entry Gates
• Payment to Hanson Bridgett LLP for November 2022 Legal Services
• Payment totaling $4,980.00 to Hellmuth, Obata & Kassabaum, Inc for CapEx Proj - Stadium Insulation
• Payment totaling $6,012.00 to HKS Architects, Inc for the following:
o $390.00 for CapEx Proj - Stadium Event Power Upgrades & Switchgear Electrical
o $390.00 for CapEx Proj - CO2 Monitoring & Sensors for Code Compliance
o $1,222.00 for CapEx Proj - Variable Frequency Drive(s)
o $1,952.00 for CapEx Proj - Radio Booth Cabling
o $2,058.00 for CapEx Proj - Kitchen Exhaust Fans
• Payment totaling $14,969.43 to InTWO, Inc. for the following:
o $6,052.81 for FMS Monthly Services - September 2022
o $4,458.31 for FMS Monthly Services - October 2022
o $4,458.31 for FMS Monthly Services - November 2022
• Payment to Jeffer Mangels Butler & Mitchell LLP for May 2022 Legal Services
• Payment totaling $2,424.84 to LN Curtis & Sons for CapEx Proj - PPE Replacement (Nomex Bottoms)
• Payment totaling $38,505.00 to M. Arthur Gensler Jr. & Associates, Inc for the following:
o $9,825.00 for CapEx Proj - Updated Stadium Wayfinding Signage
o $4,375.00 for CapEx Proj - Stadium Event Signage
o $6,525.00 for CapEx Proj - General Areas / Coatings Main Deck
o $9,800.00 for CapEx Proj - Overhead Doors, Motors, Sensors, and Track Replacements
o $7,980.00 for CapEx Proj - Smoke Evacuation System - Fire Smoke Curtain Replacement
• Payment totaling $83,417.00 to Populous Group, LLC for the following:
o $13,920.00 for CapEx Proj - Women’s Locker Room
o $28,200.00 for CapEx Proj - Replace Furniture
o $41,297.00 for CapEx Proj - Aesthetic Improvements - Premium Areas/Special Event Spaces
• Payment totaling $46,407.43 to Pumpman Norcal for CapEx Proj - Lift Station
• Payment totaling $2,697.75 to R.E. Cuddie Co. for CapEx Proj - Non-Slip Floor Matting
• Payment totaling $5,823.50 to Wilson Ihrig for October 2022 Noise Monitoring Services
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 section 15378(b)(4) of Title 14 of the California Code of Regulations 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
The fiscal impact to the Stadium Authority is itemized above.
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>.
RECOMMENDATION
Recommendation
Approve the list of Stadium Authority Bills and Claims for December 2022.
Staff
Reviewed by: Kenn Lee, Treasurer
Approved by: Office of the Executive Director
ATTACHMENTS
1. December 2022 SCSA Bills and Claims