REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on Agreement with Keyser Marston Associates, Inc. for As Needed Fiscal and Economic Analysis Consulting Services
Report
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As of the effective date of the Ordinance, November 8, 2019, all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.
The Executive Director is requesting approval for the following:
• Retroactive authorization to execute an agreement with Keyser Marston Associates, Inc. (Keyser Marston) in an amount not to exceed $25,000, subject to future budget appropriations, for as needed economic and fiscal analysis consulting services related to Levi’s Stadium. The proposed term of the agreement is from January 1, 2022 through March 31, 2025.
On March 15, 2022, the Board approved the Stadium Authority FY 2022/23 Operating, Debt Service and Capital Budget (Budget). The Stadium Authority FY 2022/23 General & Administrative Budget contains line items for Executive Director & Board Directives. This request totals a not to exceed amount of $25,000 and is a General & Administrative cost.
Keyser Marston has provided fiscal and economic analysis consulting services related to Levi’s Stadium since 2008. The firm’s prior work included assisting staff with negotiations related to the term sheet for the proposed stadium, Stadium Disposition and Development Agreement, Stadium Management Agreement, Stadium Builder Licenses, NFL Events, Naming Rights, and financing of the Stadium. The previous agreement expired on June 30, 2018. Staff on occasion requires ongoing fiscal assistance and expertise as well as historical knowledge from Keyser Marston; therefore, a new agreement is required for continued services.
DISCUSSION
Pursuant to Purchasing Code section 2.105.160(b)(5)(e), the recommended action does not require competitive bidding because this is a “continued service” where changing vendors would result in service disruptions due Keyser Marston’s past experience performing these services.
Staff recommends retroactive authorization to execute an agreement with Keyser Marston in an amount not to exceed $25,000. For full disclosure, Keyser Marston completed services for the Stadium Authority in January 2022, totaling $878 which will be paid under this this new agreement, leaving a balance of $24,122 which will be used for as-needed fiscal and economic analysis services related to Levi’s Stadium. There are sufficient funds in the Stadium Authority FY 2022/23 General & Administrative Budget, Executive Director & Board Directives to cover these costs.
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.
FISCAL IMPACT
There are sufficient funds in the Stadium Authority FY 2022/23 General & Administrative Budget to cover the costs of the Keyser Marston agreement (up to $25,000).
COORDINATION
This report has been coordinated with the City’s Purchasing Manager and 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 <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
1. Authorize the Executive Director to retroactively execute a three-year agreement ending on March 31, 2025 with Keyser Marston in an amount not to exceed $25,000 for as needed fiscal and economic analysis consulting services.
Staff
Prepared by: Christine Jung, Assistant to the Executive Director
Approved by: Rajeev Batra, Executive Director
ATTACHMENTS
1. Agreement with Keyser Marston