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File #: 19-1232    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 10/17/2019 In control: Council and Authorities Concurrent Meeting
On agenda: 11/5/2019 Final action: 11/5/2019
Title: Approval of Fifth Amendment to Joint Exercise of Powers Agreement; Resolution declaring the necessity of board approval prior to entering into Stadium Authority contracts
Attachments: 1. Fifth Amendment to JPA, 2. Stadium Authority Board Resolution re Exec Dir Authority, 3. RESOLUTION
REPORT TO COUNCIL/STADIUM AUTHORITY/BAYSHORE NORTH PROJECT ENHANCEMENT AUTHORITY/SUCCESSOR AGENCY TO THE CITY OF SANTA CLARA REDEVELOPMENT AGENCY
SUBJECT
Title
Approval of Fifth Amendment to Joint Exercise of Powers Agreement; Resolution declaring the necessity of board approval prior to entering into Stadium Authority contracts

Report
BACKGROUND
On February 22, 2011, by the City of Santa Clara Resolution No. 11-7825, the City authorized the execution of a Joint Exercise of Powers Agreement ("JPA Agreement") with the Redevelopment Agency of the City of Santa Clara (the "Former RDA") to form the Santa Clara Stadium Authority.

On November 13, 2012, the Second Amendment to the JPA Agreement was executed to reflect the dissolution of the Former RDA and to clarify implementation of the Stadium Authority procurement policies and procedures.

On June 27, 2017, the Third Amendment to the JPA Agreement was executed to separate the duties of the Current Stadium Finance Director/Treasurer/Auditor function into two positions - Stadium Authority Treasurer and Stadium Authority Auditor.

On March 26, 2019, the Fourth Amendment to the JPA Agreement was executed to amend Section 3.2 designating the Assistant City Clerk as the Secretary of the Stadium Authority.

On October 8, the City Council acting as the Stadium Authority Board enacted Ordinance No. 2005 Amending Sections 17.30.080 ("Best Value Selection Procedures"), 17.30.090 ("Formal Bidding Procedure"), And 17.30.120 ("Service Contracts-Signature Authority") Of Title 17 ("Development") Of "The Code Of The City Of Santa Clara, California" to eliminate the authority of Executive Director to enter into Stadium Authority contracts without prior Board approval.

The Joint Powers Agreement that formed the Stadium Authority contained provisions that also recited certain expenditure and contract signing authority that would be inconsistent with the recently enacted ordinance.

DISCUSSION
In order to align the JPA with the rec...

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