HomeMy WebLinkAboutMINUTES - 01051993 - 1.69 1 . 69
TO: BOARD OF SUPERVISORS Contra
FROM: John Biasotti t
Contra Costa County Assessor Costa
County
DATE: January 5, 1993
9 (UIyZ�
SUBJECT: APPROVE CONTRACT WITH BUTTE COUNTY AND AUTHORIZE ASSESSOR TO
SIGN ADDITIONAL CONTRACTS WITH EIGHT VIACOM COUNTIES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Approve contract with Butte County and authorize the County Assessor to sign
additional contracts with eight Viacom counties (Alameda, Colusa, Marin, Napa, San
Francisco, Shasta, Sonoma, and Tehama) regarding the collecting and disbursing
of funds for defending the Viacom Cable Television System joint appraisal.
FINANCIAL RAPACT:
All County funds were placed in the Reserve for Litigation and Audit Exceptions last
fiscal year. This action will have no impact on current operations.
BACKGROUND:
Contra Costa and nine other counties did a joint appraisal on the Viacom Cable
Television System. This appraisal has been appealed by Viacom and the ten counties
have joined together and are jointly funding the cost of defending the appraisal.
The Contra Costa County Auditor Controller has agreed to collect funds from all ten
counties and make disbursements as costs are incurred. The contracts to be signed
by the Assessor acknowledge the procedures to be followed before authorizing the
Auditor Controller to make any disbursements from the joint funds.
CONTINUED ON ATTACHMENT: YES SIGNATURE: -7?
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - ^� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT '^ ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Orig: Assessor q C�
CC: ATTESTED
P BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10;88)
BY ' '� `� DEPUTY
CONTRACT NO.
(Defense of Viacom Appraisal - Phase I)
This Contract is made this 9th day of December, 1992, by and
between the COUNTY OF BUTTE, "a political subdivision of the State
of. California, hereafter "BUTTE", and the County of Contra Costa,
also a political subdivision of the State of California, hereafter
"CONTRA COSTA" .
RECITALS
WHEREAS, the Assessor of Contra Costa, in cooperation with the
Assessors of nine other California counties, hereafter "the Viacom
counties", prepared a joint appraisal of the Viacom Cable
Television system in their respective counties, hereafter "the
joint appraisal"; and
WHEREAS, the Viacom counties include Alameda, . Butte, Colusa,
Contra Costa, Marin, Napa, San Francisco, Shasta, Sonoma, and
Tehama; and
WHEREAS, the first phase of the defense of the joint appraisal
includes the retention of an outside expert or experts for purposes
of consultation regarding the joint appraisal; and
WHEREAS, at the request of their respective Assessors, Contra
Costa and Butte hereby agree with the other Viacom counties to
share the cost .of the first phase of the defense of the joint
appraisal in a total amount among all the Viacom counties not to
exceed $354, 000; and
WHEREAS, through the office of its Auditor, Contra Costa has
agreed to collect, hold, and disburse the funds needed for the
first phase of the defense of the joint appraisal; and
WHEREAS, the benefits to the Assessor of Butte of
participating in a joint defense of the Viacom appraisal includes
documentation, expert testimony and other aspects. of the joint
defense.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. Butte shall, within thirty (30) days after execution of
this Contract, pay Contra Costa twenty-five percent (25%)
of its share of the cost of the first phase of the
defense of the joint appraisal as shown on Exhibit A,
which is attached to and made a part of this Contract by
reference.
2 . Contra Costa shall submit invoices for the balance of the
amount owed by Butte on an as-needed basis. Butte shall
pay such invoices within thirty (30) days after they are
received.
/ J
3 . Contra Costa shall hold, manage, and disburse such funds
using an account format acceptable to the
Auditor/Controller of Contra Costa.
4. Contra Costa shall not, for purposes of this Contract,
enter into any contract, hire any person, or disburse any
money from the fund without prior written approval of the
Assessors of Contra Costa and Marin.
5. Contra Costa shall hold such funds until the first phase
of the defense of the joint appraisal is complete.
Contra Costa shall apply any interest earned by the fund
while held by Contra Costa only to the same purposes for
which the fund itself is held.
6. Contra Costa shall distribute any balance left in the
fund at the conclusion of the first phase of the defense
of the joint appraisal to Butte in the same proportion as
Butte contributed to the fund as shown on Exhibit "A".
7. This Contract shall not create, nor may it be construed
as creating, a separate joint powers gency.
DATED:
DFC 5 1992
C it
Board of Supervisors - COUNTY
ATTESTED:
CLERK THE BOARD- � Y
BY:
ncr 1992
DATED:
CHAIR
BOARD OF SUPERVISORS - COUNTY
ATTESTED:
CLERK OF THE BOARD
COUNTY
BY:
WP51\CONTRACT\V 1ACOM.CON
EXHIBIT A
ADOPTED PHASE I BUDGET ALLOCATION
COUNTY PERCENT ALLOCATION CONTRIBUTION
ALAMEDA 12 . 98% $ 46, 000
BUTTE 3 . 38% $ 11,900
COLUSA 0. 33% $ 1, 200
CONTRA COSTA 15.21% $ 53 , 900
MARIN 15.27% $ 54, 100
NAPA 3 .42% $ 12 , 000
SAN FRANCISCO 37.1.6% $131, 500
SHASTA 5.24% $ 18 , 600
SONOMA 6. 04% $ 21, 400
TEHAMA 0.97% $ 3 , 400
TOTAL 100. 00% $354, 000