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HomeMy WebLinkAboutMINUTES - 12141999 - C102-C106 r TO: BOARD OF SUPERVISORS Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa County DATE: December 7, 1999 SUBJECT: FINANCIAL ADVISORY SERVICES SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS . 1. APPROVE and AUTHORIZE the County Administrator or his designee to execute a contract with C.M. de Crinis Co., Inc.for financial advisory services for various financing projects over the next two years. FINANCIAL IMPACT: The cost of consulting services is covered in the cost of issuance included in each bond or note issue. Fees are negotiated for each issue and may vary based upon the size and complexity of the transaction. Other special bond-related projects are billed on an hourly basis and charged to the occupants of the property for which the bond was issued. BACKGROUND: C.M. de Crinis Co., Inc. has worked with the County for the past five years in the issuance and sale of the County's annual tax and revenue anticipation notes and periodic lease revenue bond issues. The staff assigned is extremely familiar with the County and is able to prepare the required documents, rating agency presentations, and other materials for these issues in a minimum of time and cost. The consulting firm also provides on-going assistance to County staff in the review and evaluation of ideas and proposals for various financings under consideration. Such reviews are done without a fee unless substantial analysis becomes necessary. The proposed contract will provide an hourly basis for paying for additional services should it become necessary. CONTINUED ON ATTACHMENT: SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF SOARY SOARCOMMITTEE APPROVE OTHER SIGNATURE(S): , ACTION OF BOARD ON c-ek" 1q14 I APPROVED AS RECOMMENDED _.LL_ 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. ATTESTED �'CG"11 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: SUPERVISORS AND COUNTY ADMINISTRATOR BY`�• Y) I G5.4�L1e___ ,DEPUTY e.le4Z CMdC Financial Advisors C.M. de Crinis & Co.,Inc. AGREEMENT FOR FINANCIAL CONSULTANT SERVICES COUNTY OF CONTRA COSTA, CALIFORNIA AND C.M. DE CRINIS& CO.,INC. November 17, 1999 THIS AGREEMENT, dated November 17, 1999, is by and between C.M. de Crinis & Co., Inc., Inc. (hereinafter referred to as the "Financial Consultant"), and the County of Contra Costa, California (hereinafter referred to as the"County"). WITNESSETH: WHEREAS, The Board of Supervisors of the County(the"Board") is expected to approve the issuance of Tax and Revenue Anticipation Notes, Series A and B (the "Notes") in the Spring of each fiscal year to finance the County's general fund and Teeter Plan cash flow deficits;and WHEREAS, The Board is expected to approve the issuance of long-term debt in the form of certificates of participation or and/or lease revenue bonds (the "COPs" and "LRBs", respectively) at various times to finance or refinance capital projects in the County;and WHEREAS, The County is expected to undertake special projects in the area of municipal finance from time to time(the"Special Projects");and WHEREAS,The County wishes to enter into an agreement(the"Agreement")with Financial Consultant for their employment as general Financial Consultants and in connection with the sale and issuance of the Notes, the COPS, the LRBs and the completion of the Special Projects, which Agreement renews the "Consulting Services Agreement" dated as of December 23, 1997 between the County and Financial Consultant;and WHEREAS, Approval for said Agreement is expected to be obtained from the Board in Fiscal Year 1999- 2000; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: Article I SCOPE OF WORK Financial Consultant agrees to perform the following services in connection with the Notes: A. Analyze the County's financial resources in comparison to expected short term financing needs. Assist in updating the County's financial strategies and policies, including analyzing short-term financing options. Provide information,judgments, and forecasts regarding general economic and short term market conditions. Upon request, prepare special studies of a financial nature, which may be proposed to County staff. OW/ Financial Consultant Agreement County of Contra Costa, California Notes, COPs,LRBs and Special Projects Page 2 B. Assist in formulating a financing program, including a presentation of alternative financial plans, taking into consideration County's needs for short-term funding,timing of needs, tax laws and the current climate in the short-term capital market. C. Assist in preparing for a competitive bid proposal for purchase of each series of Notes, or for the negotiated sale of each series of Notes. Manage and oversee all aspects of the sizing, structuring and pricing of the Notes. Financial Consultant agrees to perform the following services in connection with COPs and LRBs: D. Assist in formulating a plan of finance, including an evaluation of alternative financial plans,taking into consideration County's need for funding, timing of need, tax laws and the current climate in the municipal market. Upon request, prepare special studies of a financial nature, which may be proposed to County staff. E. Solicit Statements of Qualifications and Proposals from qualified municipal dealers and assist County in selecting among respondents for membership in the County's pool of underwriters. Advise County staff on the selection of one or more firms from the pool to serve as senior underwriters of the COPs or LRBs, if the COPs or LRBs are sold through negotiation. Advise County on responsibilities to be borne by and compensation to be paid to the senior underwriters for their services. F. Solicit Statements of Qualifications and Proposals from qualified MBE/VVBE firms and assist County in selecting among respondents to serve as co-managers of the COPs and LRBs, if desired by the County and if the COPs or LRBs are sold through negotiation. Advise County on responsibilities to be borne by and compensation to be paid to the co-managers for their services. F. If the COPs and/or LRBs are sold through negotiation, oversee the development and implementation of a marketing plan for the COPs and/or LRBs. Manage and oversee all aspects of the sizing,structuring and pricing of the COPs and/or LRBs. H. If the COPs and/or LRBs are sold through competitive bidding, assist in preparing for a competitive bid proposal for purchase of the COPs and/or LRBs. Manage and oversee all aspects of the sizing,structuring and pricing of the COPs and/or LRBs. 1. Solicit proposals from qualified firms and assist County in selecting firms to provide escrow verification, trustee, and printing services. Assist County in negotiating fees to be paid for such services. Financial Consultant agrees to perform the following services in connection with the Notes, COPs and LRBs: J. Provide information,judgments, and forecasts regarding general economic and municipal market conditions. K. Assist in preparation and distribution of an Official Statement and other documents and materials required to facilitate the sale of each series of the Notes,the COPs and the LRBs. L. Assist in the preparation of legal documents in coordination with bond counsel, County staff and others. M. Serve as principal contact and liaison for the County with the rating agencies. Arrange meetings/conference calls with and develop the credit presentation to Moody's Investors Service and Standard and Poor's Corporation to obtain ratings for the Notes,COPs and LRBs. N. Serve as principal contact and liaison for the County with potential bond insurers. Arrange meetings/conference calls with and develop the credit the presentation to municipal bond insurers for possible credit enhancement of the Notes, COPs and LRBs. Assist the County in evaluating various insurance bid proposals and covenants. O. Assist in monitoring the municipal market to ensure the best timing for the sale of each series of the Notes,COPs and/or LRBs. 2 Financial Consultant Agreement County of Contra Costa, California Notes, COPs,LRBs and Special Projects Page 3 P. Make available qualified personnel for consultation and conference with officials, counsel, County staff members,and for public meetings on an as needed basis. In connection with Special Projects,Financial Consultant agrees to negotiate the scope of services required on a case-by-case basis. Examples of Special Projects may include assignments such as, but not limited to, the following: (1) assisting the County with the evaluation and potential change in service providers in the role of trustee, dissemination agent and/or investment advisor in connection with various County debt issues; (2) assisting the County in evaluating potential cash management models for County risk management system;or(3)other projects that may arise during the term of this Agreement. Article 11 TERM The term of this Agreement shall be from November 17, 1999 through June 30,2001, including any follow- up required by the County. Article III EFFECTIVE DATE This Agreement shall be effective when approved by the Board. Article IV COMPENSATION The County agrees to compensate Financial Consultant under the Agreement in the amount and manner set forth below. A. For the Notes: For services listed above in Article 1, Paragraphs A through C and J through P, Financial Consultant shall be compensated for the following amounts. Total amount compensated for each series of the Notes shall not exceed $32,000 (excluding advances discussed under A.3 below),unless authorized by written amendment to this Agreement. 1. For professional services, the sum of not-to-exceed Twenty-five thousand ($25,000) for each series of the Notes. 2. In addition to the charges for professional services set forth in Paragraph A.I above, County shall reimburse Financial Consultant for actual out-of-pocket expenses incurred in the course of rendering such services, including but not limited to costs of travel, documentation,reproduction,messenger and courier services telephone and FAX charges, and applicable computer charges. The amount of out-of-pocket expenses under this Agreement shall not exceed Seven thousand dollars($7,000)for each series of the Notes. 3. In addition to the charges set forth in Paragraphs A.1 and A.2 above, County shall reimburse Financial Consultant for approved and documented advances made by Financial Consultant on behalf of the County relative to costs of issuance, including,but not limited to, preparation and binding of rating agency booklets and any travel expenses related to the County's attendance at any rating agency meetings. 4. Financial Consultant shall submit one invoice at the at the Closing of each series of the Notes documenting allowable costs and services incurred under paragraphs A.I and A.2 and an invoice within 60 days of the Closing of each series of the Notes for allowable costs incurred under paragraph A.3 above. B. For COPS and LRBs: For services listed above in Article 1, Paragraphs D through P, Financial Consultant's compensation will be negotiated on a case-by-case basis, but will not exceed the following limitations unless authorized by written amendment to this Agreement. Total amount compensated shall not exceed$57,000(excluding advances discussed under A.3 below). I. For professional services,the sum of not-to-exceed Fifty thousand dollars($50,000). 2. In addition to the charges for professional services set forth in Paragraph B.I above, County shall reimburse Financial Consultant for actual out-of-pocket expenses incurred in the course of rendering such services, including but not limited to costs of travel, 3 le-Z Financial Consultant Agreement County of Contra Costa, California Notes, COPs,LRBs and Special Projects Page 4 documentation, reproduction, messenger and courier services, telephone and facsimile charges, and applicable computer charges. The amount of out-of-pocket expenses under this Agreement shall not exceed Seven thousand dollars($7,000). 3. In addition to the charges set forth in Paragraphs B.I and B.2 above, County shall reimburse Financial Consultant for approved and documented advances made by Financial Consultant on behalf of the County relative to costs of issuance, including but not limited to preparation and binding of rating agency booklets and any travel expenses related to the County's attendance at any rating agency meetings. 4. Financial Consultant shall submit one invoice at the at the Closing of the COPS and/or LRBs documenting allowable costs and services incurred under paragraphs B.1 and B.2 and an invoice within 30 days of their occurrence for allowable costs incurred under paragraph B.3 above. C. For professional services rendered, Financial Consultant shall be compensated and reimbursed in the above amounts only if the Notes, COPS and/or LRBs are sold and delivered, except as otherwise provided for under Article VI below. D. For professional services rendered in connection with Special Projects, Financial Consultant's compensation shall be determined on a case-by-case basis,with said compensation being based on either a fixed-fee basis of not-to-exceed$20,000 or a not-to-exceed hourly rate of$185. Article V METHOD OF PAYMENT All amounts paid by County to Financial Consultant shall be subject to audit by the County. A. All charges incurred under this Agreement shall be due and payable only after services have been rendered, or expenses incurred, and invoices submitted for the same have been approved by the County Administrator or the Director,Capital Facilities and Debt Management. B. Payment shall be made by County to: C.M.de Crinis&Co.,Inc. 11846 Ventura Boulevard,Suite 102 Studio City,California 91604 Federal Tax ID#95-4259144 Article VI TERMINATION A. It is understood and agreed that the County may terminate this Agreement for County's convenience and without cause at any time by giving Financial Consultant thirty (30) days written notice of such termination. B. Promptly upon receipt of written notice from County that this Agreement is terminated, Financial Consultant will submit an invoice to County for the documented and approved reimbursable expenses actually incurred,and not reimbursed prior to the date of termination. Upon approval and payment of this invoice by County, County shall be under no further obligation to Financial Consultant monetarily or otherwise. Article VII PERSONNEL Work under this Agreement shall be performed only by competent personnel under the supervision of and in the employment of Financial Consultant. The firm of C.M.de Crinis&Co.,Inc.shall provide the following personnel: Jean Marie Buckley (and other personnel as required) 4 Financial Consultant Agreement County of Contra Costa, California Notes, COPs,LRBs and Special Projects Page 5 Any changes to the above-named personnel must have prior written approval of County. Article V111 INDEPENDENT CONTRACTOR Financial Consultant shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which Financial Consultant performs the services required of Financial Consultant by the terms of this Agreement. Financial Consultant shall be liable for any act or acts of its own, of its agents or employees, unless such act or acts is a consequence of willful misconduct or gross negligence. Nothing contained herein shall be construed as creating the relationship of employer and employee between County and Financial Consultant or its agents and employees. Article IX MODIFICATION County and Financial Consultant reserve the right to amend this Agreement in writing at any time by mutual consent. Article X DEFAULT Failure or refusal of either party to perform or do any act herein required of that party thirty (30) days written notice from the non-defaulting party shall constitute a default("Event of Default"). In the event of any default, in addition to any other remedy available to the non-defaulting party, this contract may be terminated by the non-defaulting party pursuant to the terms of Article VI hereof. Such termination shall not waive any other legal remedies available to the non-defaulting party. Article X1 SEVERABILITY In any term of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. Article X11 AGREEMENT MADE IN CALIFORNIA This Agreement shall be deemed to be made in, and shall be construed in accordance with, the laws of the State of California. Article XIII PROPRIETARY INFORMATION OF COUNTY Financial Consultant understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Financial Consultant may have access to private or confidential information which may be owned or controlled by County and that such information may contain proprietary details,the disclosure of which to third parties will be damaging to County. Both parties agree that all information disclosed by County to Financial Consultant shall be held in confidence and used only in performance of this Agreement. Financial Consultant shall exercise the same standard of care to protect such information as is used to protect its own proprietary data. Article XIV NOTICE TO THE PARTIES All notices to be given by the parties hereto shall be in writing and served by depositing same in the United States Post Office,postage prepaid and registered as follows: TO COUNTY: Philip J.Batchelor County Administrator and Clerk of the Board County of Contra Costa County Administrator's Office 651 Pine Street, I Ith Floor Martinez,California 94553-0063 5 00f Financial Consultant Agreement County of Contra Costa, California Notes, COPs,LRBs and Special Projects Page 6 TO FINANCIAL CONSULTANT: Jean Marie Buckley Managing Director C.M.de Crinis&Co.,Inc. 3000 Bridgeway,Suite 206 Sausalito,CA 94965 Article XIV WAIVER The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenant, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled,nor shall it in any way effect the right of the party to enforce such provisions thereafter. Article XVI ASSIGNMENT It is understood and agreed that the services to be performed by Financial Consultant are personal in character and neither this Agreement nor any duties or obligation hereunder shall be assigned or delegated by Financial Consultant without the prior written consent of the County. Article WIT OWNERSHIP OF RESULTS Any interest of Financial Consultant in studies,reports,memoranda,computation sheets or other documents prepared by Financial Consultant in connection with services to be performed under this Agreement shall become the property of and will be transmitted to County. However, Financial Consultant may retain and use copies for reference and as documentation of its experience and capabilities, subject to confidentiality requirements specified in Article XIII. Article XVIII AUDIT AND INSPECTION Financial Consultant agrees to maintain and make available to the County accurate books and accounting records relative to its out-of-pocket expenses under this Agreement. Financial Consultant will permit County to audit, examine and make excerpts and transcripts from such reports. Financial Consultant shall maintain such data and records in an accessible location and condition for a period of no less that one (1) year after final payment under this Agreement or until after final audit has been resolved,whichever is later. 6 'Vd Z Financial Consultant Agreement County of Contra Costa, California Notes, COPS,LRBs and Special Projects Page 7 Article XIX SECTION HEADING The section heading contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. RrtWe XX INDE ICATION A. County 11 keep, defend, indemnify and hold Financial Cant harmless from any and all claims and ' 'lities for damages of any kind ywbafgrever to all persons, corporations, and partnerships inclu but not limited toe ees of Financial Consultant and employees of County arising out of ac ' s by the and/or its legal counsel, underwriters, fiscal agent or other advisors' services on tr ions covered under this Agreement. B. County shall sav eep, hold harmless, fully indemnify and defend Financial Consultant, its officers, o ents and employees from all es or claims for damages, costs, or expenses in law quity that may at any time arise for any in ' ement of the patent rights, copyright, trade cret or any other proprietary right or trademark of an son or persons in consequence of the use by County, or any of its officers or agents, of articles services to be supplied in the performance of this Agreement. Article XXI REPRESENTATION AND WARRANTIES The County warrants and represents that County and its representatives have disclosed all material facts, conflicts of interest and any other information provided by County. All representations and warranties by County contained in this Agreement or any written statement delivered by County under this Agreement, shall be true on and as of the date of closing of the Notes,the COPs and/or LRBs. Article XXII ENTIRE AGREEMENT All of the Agreement between the parties is included herein and no warranties expresses or implied, representations, promises, or statement have been made by either party unless endorsed in writing, and no change or waiver of any provision hereof shall be valid unless made in writing and executed in the same manner as this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first mentioned above. County of Contra Costa,California C. M.de Crinis&Co., Inc., as Financial Consultant By: �kkjj%,r By: Philip J.Batchelor can Marie Buckley County Administrator,or Managing Director Laura W. Lockwood (415)339-8944 Director,Capital Facilities and Debt Management 7 Revised ID5 Contra Ile. �- � � . Costa TO: BOARD OF SUPERVISORS County FROM: Dennis M. Barry, AICP Community Development Director DATE: December 14, 1999 SUBJECT: Former Oak Park Elementary School Site SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE and AUTHORIZE the Deputy Director - Redevelopment to execute a contract not to exceed $30,000 for consulting services with Keyser Marston Associates for preparation of a developer solicitation for the former Oak Park Elementary School site. FISCAL IMPACT No General Funds involved. Funding for this contract will be advanced by Fund 111100-0595, and will be reimbursed by proceeds from the ultimate disposition of the property. CONTINUED ON ATTACHMENT XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMM ATION OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 'beceryibei- APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A >( UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. original Community Development cc: CAO ATTESTED btlt-cr2lbep- 1'(4 190 County Counsel PHIL BATCHELOR, CLERK OF Public Works (R/P) THE BOARD OF SUPERVISORS General Services (L/M) AND COUNTY ADMINISTRATOR Via Community Development *KMA *City of Pleasant Hill BY /-Y)6ttta, _, DEPUTY H:\BdordnA1 2149(-)akllk-EteiiiSite.docfl:\Ildordrs\1 21490APkEleniSIte.doc I 1:13dordt-0 21490APkEleniSite.doe C�ioa� FORMER OAK PARK ELEMENTARY SITE Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The former Oak Park Elementary School site is a surplus County property that has significant development potential. The County and City have reached agreement on land use issues, and the County can proceed to offer the property. Keyser Marston Associates, a major real estate financial consulting firm, will be engaged in creating the offering document, analyzing developer proposals, and negotiating business terms. Keyser Marston was previously engaged by the Pleasant Hill Redevelopment Agency to analyze alternative reuse programs and is, therefore, familiar with the property, its reuse potential, and the local market conditions. JK:js H:\Bdordrs1121490ak PkElemSite.doc Contra TO: REDEVELOPMENT AGENCY Costa FROM: Phil Batchelor County Executive Director DATE: December 14, 1999 SUBJECT: Property Acquisition – N. Broadway Area, Bay Point SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. APPROVE Purchase and Sale Agreement and ACCEPT the Grant Deed dated December 1, 1999 from Gus S. Kramer for 201 N. Bella Monte Ave., Bay Point. B. AUTHORIZE Deputy Director– Redevelopment to execute said Agreement on behalf of the Agency. C. APPROVE payment of$80,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a'check in said amount payable to First American Title Company, 1850 Mt. Diablo Blvd., Ste. 300, Walnut Creek CA 94596. Escrow No. 773408 is to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above-referenced Grant Deed recorded in the Office of the County Recorder. FISCAL IMPACT Payment of$80,000 is from budgeted Bay Point Redevelopment housi funds. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR RI'jCOMMIf DATION OF ANCY COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF AGENCY ON becer"bc-e- 1q,199i APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Donna Dawkins 313-2224 Orig: Public Works, Real Property ATTESTED Derer"be, 1q,, (q9q cc: CAO PHIL BATCHELOR County Counsel AGENCY SECRETARY Auditor-Controller (via RP) PW Accounting Real Property BY DEPUTY Redevelopment Recorder (via RP) JK:Ihb 0699/bpprop.bos ESCROW AGREEMENT Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The Redevelopment Agency is in the process of assembling property in the North Broadway area of Bay Point. The development of these vacant properties will complement the infrastructure and area improvements already underway in the adjacent neighborhoods. The subject property is contiguous to the larger properties the Agency is in the process of purchasing and will permit a more efficient land reuse program to be undertaken. JK:js H:\Bdordr.,;\1 2149EscrowAgmt.doc TU:BOARD OF SUPERVISORS 165 FROM:Victor J.Westman,County Counsel By:Dennis C.Graves,Senior Financial Counsel DATE: December 3,199 ' SUBJECT: Approval of amendment to contract for professional services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDATION Approve an amendment to the contract for professional services with Baker and O'Bden, Inc. and authorize County Counsel to sign the Agreement. 11. FISCAL IMPACT Payment will be made out of State funds already allocated for this purpose, so there will be no cost to the County. If the contract is not approved, there is a greatly increased possibility of very significant but presently unquantifiable impact due to an adverse decision by the Assessment Appeals Board on large pending refinery valuation disputes. 111. BACKGROUND/REASONS FOR RECOMMENDATIONS Baker and O'Brien are consultants for refinery valuations, and have been assisting the County with valuations of several major refineries that have filed appeals with the Assessment Appeals Board. These appeals place several billion dollars of valuation in issue, and assistance is required because valuations of refineries are highly technical, requiring specialized knowledge that only industry experts have. Several pending refinery appeals may require lengthy, difficult, complex hearings, which significantly increases consultant time and costs. This amendment will add another $500,000 to continue preparations for these hearings. The Assessor concurs with and supports this recommendation. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OFBOARD ON y Zgr APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: f(If/,99 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR By. Deputy Contact:Dennis Graves(335-1833) Deputy County Counsel ORefexpRR2.doc AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES (Government Code Section 31000) Baker and O'Brien, Incorporated ("Consultant") and the Board of Supervisors of Contra Costa County on behalf of the County Counsel of Contra Costa County ("Counsel" or "County") agree as follows: This Agreement amends the contract between Consultant and County approved by the Board of Supervisors of Contra Costa County on December 17, 1996 as Agenda Item C.83, as amended by Board approval on October 27, 1998 and further amended by Board approval on December 1, 1998. Said contract is hereby amended as follows: 1. Paragraph 5.a. is amended by substituting the following in place of subparagraphs 1), 2) and 3): "County shall pay professional fees and expenses to Consultant according to Consultant's Schedule of Rates applicable generally to clients for the year prior to the year in which the Work is performed." 2. Paragraph 5.c. is amended by adding an additional $250,000 for Phase One, by adding an additional $250,000 for Phase Two, and by adding an additional $500,000 to the payment limit for all Work. Said amounts are in addition to those authorized by the amendments approved on October 27, 1998 and December 1, 1998. 3. Paragraph 7 is amended by substituting the following in place of the existing paragraph: "The Parties recognize that it may be desirable to employ experts other than Consultant to assist in the Work. Upon approval of Counsel, such experts will be employed by Consultant as subcontractors. Counsel shall designate or approve the Work to be performed by such experts. Consultant will bill County for amounts such experts bill Consultant. Notwithstanding County's obligation to pay Consultant for such amounts, Consultant shall be responsible for payment to such subcontractors, who shall not be deemed agents, employees or subcontractors of Counsel or County. " 9;9911yZ1 DEC 2 9 1999 COUNTY COUNSEL MARTINEZ,CALIF. 1 Approved as to form: Dennis C. Graves, Senior Financial Counsel Dated: 12-/3 0 , 1999 Dated: December 28, 1999 Contra Costa County Baker & O'Br* C. Baker & eBr ( By: Vict(rr J. Westm-an By: Sohn B. O'Brien County Counsel Title: President Taxpayer ID No. 75-2464053 C:refexconaml O.doc-1 2/23/99 2 �_:.r 5�-1.���✓.����-� 1�.. vr11�RMfF•1 �/'.:.,1 l ��'N�a:1- - It :.,I•. •'/Cr _ - Ma191 +WRQ lee/dor BAKER & O'BRIEN, INC. Schedule of Rates (Effective January 1, 2000) Professional services are provided on an hourly basis and expenses are reimbursed at actual cost. Professional service fees for calendar year 2000 are listed below. These fees, which are net of any duties, excises or other imposts, are subject to change at the beginning of each year. Invoices are submitted monthly for time and expenses incurred in that month and are due upon receipt. PROFESSIONAL FEES Hourly Fee (US Dollars) Partners 275.00 _,At Senior Consultants 255.00 2 32- Associates(l) Varies It Analysts 125.00 1< /Z a Analytical Support Services12) 60.00 (1) Associates are experienced engineer/consultants with special qualifications or skills. They may or may not be full-time consultants. Hourly fees for associates will vary depending on their experience levels and the specific skills they bring to individual assignments. (2) Includes non-analyst activities such as data entry and verification, compilation and organization of documents, and other tasks necessary to support data analysis. EXPENSES Expenses incurred on a client's behalf are reimbursed at cost. Examples of expenses included in this category are: • Travel (airline tickets, lodging, meals, rental cars, etc.) • Communications (phone, facsimile, courier, etc.) • Photocopying (per copy charge) • Report production (materials cost) • Database access fees (on-line research charges) • Proprietary LP Model Usage Fees (if applicable) 13AKER&OSRIEN c e ■ r e ■ r ■ s _ CA 06 .............. TO: BOARD OF SUPERVISORS ` Contra FROM: Phil Batchelor Costa �o � _ ,�`� DATE: December 14, 1999 srq-caiirr County SUBJECT: CONTRACT AUTHORIZATION FOR ECONOMICS RESEARCH ASSOCIATES TO PREPARE AN ECONOMIC IMPACT ANALYSIS OF THE COUNTY'S AIRPORTS Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATION: AUTHORIZE the County Administrator or his designee to execute a contract on behalf of the County with Economics Research Associates (ERA) in an amount not to exceed $63,000 to prepare an Economic Impact Analysis of the County airports, Buchanan Field and Byron. FISCAL IMPACT: The cost of the contract will be shared equally by the County General Fund and the Airport Enterprise Fund. BACKGROUND/REASONS FOR RECOMMENDATION: As directed by the Airport Subcommittee of the Board of Supervisors, CAO staff prepared a Request for Qualifications (RFQ) to solicit consulting firms to prepare an Economic Impact Analysis (EIA) of the County airports. The EIA is intended to objectively assess the airports' role in the local transportation system and in the local economy, and to help ensure they are optimizing their economic potential. The RFQ generated responses from ten highly qualified firms, five of which were invited for interview by the Airport Subcommittee, upon recommendation from CAO staff, Airport staff, the Aviation Advisory Committee (AAC) and the public. The interviews were conducted on November 12 by the Airport Continued on Attachment:_YES Signature: iAl Recommendation of County Administrator Recommendation of Board Commit e Approve Other Signature(s): Action of Board on: /,?L// 92 Approved as Recommended X Other Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN )C Unanimous (Absent,) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Contact: Scott Tandy(335-1087) Attested: bt Lehi L6 q21 cc: David Mendez, Airports Manager Phil Batchelor, Clerk of Supervisorial District 5 the Board of Supervisors Supervisorial District 4 and County Administrator By:-)-". Z�G�e , DEPUTY M e'104Subject: Contract Authorization for EIA for County Airports Date: December 14, 1999 Page 2 Subcommittee in a meeting open to the public, which was also attended by members of the AAC. The firm recommended by the Airport Subcommittee to receive the contract for the project, Economics Research Associates, was unanimously supported by staff, the AAC, and the public present at the time. The scope of work for the contract was developed by the consultant in consultation with staff, the AAC, the Byron M.A.C., and interested members of the public. The Airport Subcommittee approved the scope of work at its December 8 meeting. The elements that will be included in the EIA include those of a classic economic analysis: the direct, indirect, and induced impacts of the airports on the economy. In addition, the analysis will estimate the economic impact of resumed commercial service, and explore the quality of life issues affected by aviation services including, but not limited to, the effect of airport operations on surrounding property values. The economic impact analysis is expected to be completed no later than April 2000.