Good evening Mayor and Council,
1, Dr. Tom Shanks, and the mayor have made multiple public inquires to City Attorney Googins in council chambers during council meetings about concerns over FIFA documents; City Attorney Googins has not provided acceptable responses.
The primary issue is when City Attorney Googins received a copy of the signature page of the Addendum to Hosting Agreements FIFA World Cup 2026 in May 2023 (SLIDE), it was his duty as the appointed city attorney to inform the city council about the fact that the Hosting Agreement Addendum was in violation of government code 1090 (i.e., forbids a public official from making a contract in which he has a financial interest) and the contract is therefore VOID. It's my understanding that Al Guido is defined as a public official under the Santa Clara Stadium Authority Conflict of Interest Code. (SLIDE) He signed the Addendum in two places where he has a financial interest. Therefore, the contract and any follow-on confidentiality agreements (e.g., the Information Sharing and Event Cooperation Agreement) are VOID and unenforceable.
April 23, 2024 Public Comment - Kirk Vartan Page 1 of 3
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It seems the resources meant to protect the city are not doing their job; specifically the city attorney. And when asked publicly to explain the issue or comment on it, there has been nothing from the City Attorney. California Government Code Rule
1.4(a)(3) states:
"A lawyer shall keep the client reasonably* informed about significant developments relating to the representation, including promptly complying with reasonable* requests for information and copies of significant documents when necessary to keep the client so informed;" People need to be held accountable, and the City Attorney is the one to do it.
Since he appears to not want to engage or does not see the conflict, there is no check on the 49ers Management organization. It appears City Attorney Googins is NOT performing his required duties.
It seems appropriate to file a complaint with the California State Bar. Mr. Googins' actions are grossly negligent at best in his duties to the city and City Council.
April 23, 2024 Public Comment - Kirk Vartan Page 2 of 3 It appears Mr. Googins knew about the circumstances around the Addendum and should have known that it was void for over nine months.
Why did he insist on enforcing the questionable confidentiality provisions of a void agreement?
Why did he not inform the Council of the void agreement as was his duty of this crucial legal matter?
It appears that FIFA may not have been aware that Guido's authority to enter into the Addendum was in question due to the fact that the Management Agreement had been terminated. It also appears that FIFA may not have been aware that the Addendum was void due to Guido's having violated Government Code 1090.
Does the City Attorney have a duty to inform FIFA that the Addendum is void? Does the City Attorney have a duty to inform FIFA that by not informing them of these crucial issues, Guido may have committed fraud?
April 23, 2024 Public Comment - Kirk Vartan Page 3 of 3 Violation of Government Code Section 1090-
***FIFA Contract is VOID* B1-B205-65B594BCA6A9
CONFIDENTIAL INFORMATION
BAY AREA
DocuSign Envelope ID: E5298723-E0AC-42B1-B205-65B594BCA6A9 IN WITNESS WHEREOF, the Parties have executed this Addendum by their duly authorized CONFIDENTIAL INFORMATION representatives named below.
BAY AREA, CALIFORNIA FEDERATION INTERNATIONALE DE FOOTBALL ASSOCIATION
ADDENDUM
TO HOSTING AGREEMENTS By:
Name:
FIFA WORLD CUP 2026 Title:
Date:
This Addendum to Hosting Agreements (this "Addendum") is made and entered into by and among Federation Internationale de Football Association ("FIFA"), Bay Area Host Committee (the "Host By:
City Authority", and collectively with any Hosting SPV that may be formed pursuant to Section 1(b) below, Name:
Title:
the "Host Committee") and Forty Niners Stadium Management Company LLC the "Stadium Authority").
Date:
BAY AREA HOST COMMITTEE
Redacted
By:
• Name:
Title: President
Date: 6/13/2022
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
shutte Redacted
By:
Name:
Title: President
Date: 6/13/2022
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Public comment - Kirk Vartan - April 23, 2024 www.shutterstock.com https://www.santaclaraca.gov/home/showpublisheddocument/82923/638421226995300000
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