HomeMy WebLinkAboutMINUTES - 05232000 - C71-C75 t00-9902/A.1.1
TO: BOARD OF SUPERVISORS
FROM: BARTON J. GILBERT,DIRECTOR OF GENERAL SERVICES Contra
/Costa
DATE: May 23, 2000 County
SUBJECT: APPROVING THE NINTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT FOR HEAD START CLASSROOM EXPANSION AT VARIOUS
COUNTY SITES (WH409B)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION
A. APPROVE a Ninth Amendment authorizing extra work under the Consulting Services Agreement
dated September 21, 1998, with H sen/Murakami/Eshima for Head Start Classroom Expansion at
Various County Sites. The extra work includes prolonged contract administration and observation of
construction, preparation of evacuation plans for each building, and preparation of utility site plans
for each site, showing shutoff valves, disconnect switches and sewer cleanouts. The Ninth
Amendment increases the scope of services and increases the payment limit, as modified by the First
through Eighth Amendments, from$320,763.75 to $354,276.75.
B. AUTHORIZE the Director of General Services to execute the Ninth Amendment to the consulting
services agreement and to issue written authorizations for extra work, in addition to the authorization
for the First through the Eighth Amendments, provided that the cumulative total cost for such
additional authorizations shall not exceed$25,000.00.
II. FINANCIAL IMPACT
Sufficient funds are available in the plant acquisition account to cover this increase in the Consultant's
payment limit.
CONTINUED ON ATTACHMENT: ®YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO I EE
__.& 4PPROVE OTHER
--SIGNATURE(S):
ACTION OF BOAR APPROVED AS RECOMMENDED A OTHER
-
VOTE OF SUPERVISORS
✓`� UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department 1 HEREBY CERTIFY THAT THIS IS A TRUE
Architectural Division AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
File: 000=9902/A.5 yy7
Community Services (Via A/D) ATTESTED r' ! 4
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Auditor Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Consultant(Via A/D)
F2.D.HIIi(lila A/D) BY .DEPUTY
H:\1999\0009902\9A002147b.doc Page 1 of 2 M382(10/88)
APPROVING THE NINTH AMENDMENT TO THE CONSULTING 000-9902/A.1.1
SERVICES AGREEMENT FOR HEAD START CLASSROOM .May 23, 2000
EXPANSION AT VARIOUS COUNTY SITES (WH409B)
III. REASONS FOR RECOMMENDATIONS/BACKGROUND
A. The modular building manufacturer had financial trouble, and declared bankruptcy as of March 1,
2000. The problems associated with the manufacturer's financial distress delayed project
completion by at least six months. This amendment will allow the County to compensate the
Consultant for prolonged administration and observation of construction. The County expects to
withhold the amount of that compensation from payments otherwise due to the manufacturer, as
liquidated damages.
B. The Community Services Department has asked for evacuation plans that can be posted in the
buildings to enhance safety and comply with fire regulations. This Amendment requires the
Consultant to prepare those plans.
C. The Community Services Department has asked for simplified site utility plans to assist property
managers when utilities must be shut off for emergencies or maintenance. This amendment
requires the Consultant to prepare those plans.
IV. CONSEQUENCES OF NEGATIVE ACTION
Negative action will cause project delay.
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M392(10!99)
471
File:000-9902/A.1.1
NINTH AMENDMENT TO CONSULTING SERVICES AGREEMENT 'T
FOR HEAD START CLASSROOM EXPANSION AT VARIOUS COUNTY SITES
(WH449B)
1. F.tf'eetive Date and 1%rtles: Effective May 23,2000, Hansen/Murakami/Bshima(herein called "Consultant"), a California Corporation, and the
County of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows:
Purpose: On September 21, 1998,the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement,"
which covers architectural program verification and schematic design services for Head Start Classroom Expansion at Various County Sites. The
Agreement was amended by the First Amendment dated November 3, 1998, the Second Amendment dated November 30, 1998, the Third
Amendment dated December 15, 1998, the Fourth Amendment dated January 20, 1999, the Fifth Amendment dated May 13, 1999, the Sixth
Amendment dated May 13, 1999,the Seventh Amendment dated June 15, 1999 and the Eighth Amendment dated October 26, 1999. The parties
desire to further amend the Agreement to expand the scope of service and to increase the payment limit accordingly.
Amendments to Agee em n_t:
A. In the Agreement,Section(e),change the Payment Limit from$320,763.75 to$354,276.75,an increase of$33,513.00.This change shall apply
to charges from and after November 1, 1999.
B. In the Agreement,Appendix A,Paragraph B,"Scope,"add the following services:
I. Continue to provide prolonged contract administration and observation of construction beyond the six month construction time specified
in the Agreement,Attachment to Third Amendment,Paragraph IV.F.
2. Provide 8'12 x 1 I inch evacuation plans, showing the location of exits, fire extinguishers, and pull stations for each of the six buildings.
Previously prepared design floor plans may be used as the base for the drawings.
3 Provide site plans for each of the four sites, showing locations of shutoff valves for water service, disconnect switches for electrical
service,and cleanouts for sanitary sewers.
4. fit:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Signatur :
These signatures attest the parties'agreement hereto:
P .I .AGENCYOC' NC�LIJANT
By: Date: Type of business:
Director of General Services/Purchasing Agent (Designate type—corporation,sole proprietorship,partnership,
partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,resident
or vice-president, the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss
County of 1
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
[Notary's Seal]
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management VICTOR J.WESTMAN
County Counsel
By:
Deputy
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HA1999\0009902\9A0021480.doc Page 1 of 1
040-990k.1.1
TO: BOARD OF SUPERVISORS `
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES Contra
Costa
DATE: May 23, 2000 County
SUBJECT: APPROVING THE FIFTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT FOR COURT SECURITY IMPROVEMENTS AT VARIOUS
COUNTY SITES (WH416B &WH363Q)
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L RECOMMENDATION
A. APPROVE a Fifth Amendment authorizing extra work under the Consulting Services Agreement
dated January 1, 1999, with Combined Electrical Resources for electrical engineering services for
Court Security Improvements at Various County Sites. The Fifth Amendment increases the scope of
services and increases the payment limit from$32,000.00 to $36,500.00, an increase of$4,500.00.
B. AUTHORIZE the Director of General Services to execute the Fifth Amendment to the consulting
services agreement and to issue written authorization for extra work, in addition to the authorizations
for the First, Second, Third and Fourth Amendments provided that the cumulative total extra cost for
such additional authorizations shall not exceed$5,000.00.
II. FINANCIAL IMPACT
Sufficient funds are available in the plant acquisition account to cover this increase in the Consultant's
payment limit.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND►
A. On January 1, 1999 the Director of General Services executed the original consulting services
agreement with the Consultant. The First Amendment increased the scope of services to provide
revised lighting in Sally Port Area at 45 Civic Avenue, Pittsburg, the relocation of panelboard, feeder
and branch circuits at 100 37th Street, Richmond and reconfiguration of new entry addition for ADA
restroom at 640 Ygnacio Valley Road, Walnut Creek. The Second Amendment increased the scope to
provide a change in the security gate and fire alarm control at 1020 Ward Street, Martinez and
reconfiguration of building addition, smoke detector control system, and the addition of exterior
lighting at 640 Ygnacio Valley Road, Walnut Creek.
CONTINUED ON ATTACHMENT: X_YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMi
''APPROVE OTHER
SIGNATURE(S): w-
ACTION OF BOA N _26 O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: General Services Department 1 HEREBY CERTIFY THAT THIS IS A TRUE
Architectural Division AND CORRECT COPY OF AN ACTION TAKEN
Accounting AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN,
File: 000-9903/A.5 L
County Administrator's Office ATTESTED—/):'?94t —? 3, -2 d0 0
Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Superior Court(Via A/D)
Consultant(Via A/D) gy ..DEPUTY
H:\1999\0009903\9A003176b.doc Page 1 of 2 M382(10/88)
APPROVING FIFTH AMENDMENT TO CONSULTING 000-9903/A.1.1
SERVICES AGREEMENT FOR COURT SECURITY May 23, 2000
IMPROVEMENTS AT VARIOUS COUNTY SITES
B. The Third Amendment increased the scope to provide.
1. Additional design revisions to the lobby security gate and ceiling lighting at 1020 Ward Street,
Martinez.
2. Additional revisions to the courtyard underground electrical feed to the parking lot lighting systems
at 1020 Ward Street,Martinez.
3. Design services for addition of conduit and outlet in the new lobby for a new security TV camera
at 640 Ygnacio Valley Road,Walnut Creek.
C. The Fourth Amendment increased the scope to provide:
1. Additional design revisions to add a power feed to the irrigation panel raceway to security system at
1020 Ward Street,Martinez.
2. A field survey to determine routing and re-energizing feeds at 640 Ygnacio Valley Road, Walnut
Creek.
D. The Fifth Amendment increases the scope to provide:
Design modifications, preliminary cost estimate and construction management services for the
electrical distribution system to the Jury Assembly Room at 1020 Ward Street, Martinez.
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HAI 999\0009903\9A003176b.doc Page 2 of 2 M382(10/88)
File:000-9903/A.1.1
FIFTH AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR COURT SECURITY IMPROVEMENTS AT VARIOUS COUNTY SITES
(WH416B&WH363Q)
I. Eff tive Date and Parties: Effective May 23, 2000, Combined Electrical Resources (herein called "Consultant"), a Sole Proprietor, and the
County of Contra Costa(herein called"County"),apolitical subdivision of the State of California,mutually agree as follows:
2. Purpose: On January 1, 1999,the parties entered into a contract entitled"Consulting Services Agreement," referred to as the"Agreement,"which
covers electrical engineering services for Court Security Improvements at Various County Sites. The Agreement previously has been amended as
follows: First Amendment dated April 16, 1999, Second Amendment dated September 2$, 1999, Third Amendment dated January 25,2000 and
Fourth Amendment dated March 20,2000. The parties desire to further amend the Agreement to expand the scope of service and to increase the
payment limit accordingly.
3. Amen menu to Agreement:
A. In the Agreement, Section 1(e),change the Payment Limit,as modified by Amendments No. 1,No. 2,No. 3 and No.4, from$32,000.00 to
$36,500.00,an increase of$4,500.00.This change shall apply to charges from and after April 1,2000.
B. In accordance with Section 14 of the Agreement,provide the following extra services:
Design modifications, preliminary cost estimate and construction management services for the electrical distribution system to the Jury
Assembly Room at 1020 Ward Street,Martinez.
4. Ef[W:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. ,Sig :
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY ONC S11IJAN T
By: Date: Type of business:
Director of General Services/Purchasing Agent (Designate type—corporation,sole proprietorship,partnership,
partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,resident
or vice-president;the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
} ss
County of 1
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
Notary Public
[Notary's Seal]
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management VICTOR J.WESTMAN
County Counsel
By:
Deputy
GB:LS:cm
H:\1999\0009903\9A003175o.doe Page 1 of I
TO: BOARD OF SUPERVISORSV �
FROM: Phil Batchelor, County Administrator
Contra
DATE: May 23, 2000 Costa
County
SUBJECT: APPROVAL OF AMENDMENT TO FACILITY LEASE WITH TRANSOCEAN FINANCING
CORPORATION AND TRANSAMERICA PUBLIC FINANCE LLC FOR THE PROPERTY LOCATED
AT 2047 ARNOLD INDUSTRIAL WAY,CONCORD TO AUGMENT INDEMNIFICATION OF LESSOR
L RECOMMENDATION
1. APPROVE the attached amendment to the Facility Lease with Transocean Financing
Corporation for the property located at 2047 Arnold Industrial Way.
2. AUTHORIZE the County Administrator, the Director of General Services, or their designees
to execute all documents and contracts and take all actions as required to complete the
Amendment to Lease.
11. FINANCIAL IMPACT
The proposed Lease Amendment provides additional indemnification to Lessor, Transocean
Financing Corporation and the Assignee of the Lease, Transamerica Public Finance LLC
against any damages, claims, expenses and/or penalties that may arise, including damages
relating to hazardous substances. No immediate financial impacts will result from the Lease
Amendment.
III. BACKGROUND
The Board approved the Facility Lease of 2047 Arnold Industrial Way and 1034 Oak Grove
Road on March 21, 2000. On March 29, 2000, 2047 Arnold Industrial Way, the Central County
Homeless Shelter, was purchased by Transocean Financing Corporation and re-leased to the
County at a slightly lower monthly payment. At that time, the Lessor's interests were assigned
to Transamerica Public Finance LLC. During final negotiations of the Facility Lease, Lessor and
Assignee requested additional indemnifications, which were agreed to by County staff.
CONTINUED ON ATTACHMENT: ±"'YES SIGNATURE:
✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
'APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAAPPROVED AS RECOMMENDED X OTHER
VOTE
/OF SUPERVISORS
` UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: Laura Lockwood 335-1093
CC: County Administrator(via UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE
via UM AND CORRECT COPY OF AN ACTION TAKEN
County Auditor-Controller
( ) AND ENTERED ON THE MINUTES OF THE HOARD
Lessor(via L/M) OF SUPERVISORS ON THE DATE SHOWN.
Health Servicers Department(via UM)
-23 0�
County Counsel(via L/M) ATTESTED I r G > ,
20
Risk Management(via L/M) PHIL BATCHELOR,CLERK OF THE BOARD OF
Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
Buildings and Grounds(via UM)
BY DEPUTY
C:\My Documents\1034\2047Amendbdorder.doc
AMENDMENT TO FACILITY LEASE
2047 ARNOLD INDUSTRIAL WAY
CONCORD, CALIFORNIA
1. FACILITY LEASE AND PARTIES Effective March 1, 2000, TRANSOCEAN
FINANCING CORPORATION, a corporation duly organized and existing under and by virtue
of the laws of the State of California, hereinafter called "Lessor", and the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California, hereinafter called "County",
entered into a Facility Lease, hereafter known as the "Lease" for the property located at 2047
Arnold Industrial Way, Concord, CA, hereafter known as the "Property"
2. ASSIGNMENT On March 29, 2000, Lessor sold, assigned and transferred all
Lessor's right, title and interest in, to and under the Lease to TRANSAMERICA PUBLIC
FINANCE LLC ("Assignee").
3. PURPOSE: Lessor, Assignee and County desire to amend the Lease, dated March
1, 2000, to address Hazardous Substances that may be found on the Property and to augment
County's indemnification of Lessor and Assignee.
4. AMENDMENT: Effective May 23, 2000, the Lease is amended as follows:
1. Section 1 is amended to add the following definition:
-1-
A "Hazardous Substance" is defined to mean any substance, material or waste, including
asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes
designated, classified or regulated as being "toxic", "hazardous", a "pollutant" or similar
designation under any federal, state or local law, regulation or ordinance.
2. Section 16 is amended to add the following paragraph:
To the extent permitted by law, County shall indemnify Lessor and Assignee against
and hold Lessor and Assignee harmless from any and all claims, actions, proceedings, causes of
action, expenses, damages, liabilities,penalties, interest, costs or similar charges of whatever
nature, including attorney's fees, arising out of or connection with the Premises, including,
without limitation, its acquisition, possession, use, operation, or construction.
To the extent permitted by law, County shall indemnify Lessor and Assignee and hold
Lessor and Assignee harmless against any and all claims, actions, proceedings,causes of action,
expenses, liabilities, damages, penalties, interest, costs or similar charges of whatever nature,
including attorneys' fees, in connection with any property, real estate, transfer, sales, use or any
other taxes, fees, assessments or imposts which may be assessed against the Property or the
transaction contemplated by this Lease.
County represents, warrants and covenants that throughout the term of this Lease it will
not take or permit any of its officers, employees or agents to take any action which would cause
the tax-exempt nature of the obligations evidenced by this Lease to be contested, challenged or
denied by applicable governmental authorities. In the event any such action by County results in
-2-
173
the denial or revocation of the tax-exempt status of such obligations, County shall be responsible
for all taxes, penalties, and interest arising in connection therewith to Lessor or any assignee.
3. Section 29 is added to the Lease as follows:
Section 29. Hazardous Substances
County agrees to defend, save, protect, indemnify and hold Lessor and Assignee harmless
from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential
damages, penalties, costs (of whatever nature), and expenses (including sums paid in settlement
of claims and all consultant, expert and legal fees and expenses of Lessor's counsel) or loss
directly or indirectly arising out of or resulting from any Hazardous Substance in, on, or around
any part of the property or in the soil, groundwater or soil vapor on or under the property,
including those incurred in connection with any investigation of site conditions or any clean-up,
remedial, removal or restoration work, or any resulting damages or injuries to the person or
property of any third parties or to any natural resources.
5. EFFECT: Except for the Amendment agreed to dated May 23, 2000, the Lease of
March 1, 2000,remains in full force and effect.
-3-
-2..3'-c
�y
IN WITNESS THEREOF, the parties have executed the Amendment to Lease as of May
23, 2000.
6. SIGNATURE BLOCK..
COUNTY TRANSAMER'ICA PUBLIC FINANCE LLC
COUNT'OF CONTRA COSTA, As Assignee
a political subdivision of the
State of California
By By
Director of General Services Robert Neptune, Senior Vice President
RECOMMENDED FOR APPROVAL:
By
Director, Capital Facilities&Debt Management
By
Deputy General Services Director
TRANSOCEAN FINANCING CORP RATION
By
Lease Manager
By
Joshua Cooperman,President
APPROVED AS TO FORM:
VICTOR J.WESTMAN,County Counsel
By
Deputy
-4-
TO: BOARD OF SUPERVISORS1.,•
FROM: Phil Batchelor, County Administrator Contra
DATE: May 23, 2000 Cosh
County
SUBJECT: APPROVAL OF AMENDMENT TO FACILITY LEASE WITH TRANSOCEAN FINANCING
CORPORATION AND TRANSAMERICA PUBLIC FINANCE LLC FOR THE PROPERTY LOCATED
AT 1034 OAK GROVE ROAD,CONCORD
1. RECOMMENDATION
1. APPROVE the attached amendment to the Facility Lease with Transocean Financing Corporation for
the property located at 1034 Oak Grove Road, Concord.
2. AUTHORIZE the County Administrator, the Director of General Services, or their designees to execute
all documents and contracts and take all actions as required to complete the Amendment to Lease.
II. FINANCIAL IMPACT
The proposed Lease Amendment provides additional indemnification to Lessor, Transocean Financing
Corporation and the Assignee of the Lease, Transamerica Public Finance LLC against any damages,
claims, expenses and/or penalties that may arise, including damages relating to hazardous substances.
No immediate financial impacts will result from the Lease Amendment.
Ili. BACKGROUND
The Board approved the Facility Lease of 2047 Arnold Industrial Way and 1034 Oak Grove Road on
March 21, 2000. On April 11, 2000, Transocean Financing Corporation refinanced the property, securing
additional capital of$2,000,000 to fund various improvements to the building. Transocean then re-leased
1034 Oak Grove Road to the County for use as a locked adolescent Mental Health facility. At that time,
Lessor's interests were assigned to Transamerica Public Finance LLC. During final negotiations of the
Facility Lease, Lessor and Assignee requested additional indemnifications, which were agreed to by
County staff.
CONTINUED ON ATTACHMENT:—±L YES SIGNATURE:
''RECOMMENDATICN+1 OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
_Ae'APPROVE OTHER
SIGNATURE(S): QZ_'_Ze' I�L'Ilag�
ACTION OF BOA _ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I UNANIMOUS{ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: Laura Lockwood 335-1093
CC: County Administrator(via UM) 1 HEREBY CERTIFY THAT THIS IS A TRUE
via UM) AND CORRECT COPY OF AN ACTION TAKEN
County Auditor-Controller
( AND ENTERED ON THE MINUTES OF THE BOARD
Lessor(via UNI) OF SUPERVISORS ON THE DATE SHOWN.
Health Services Department(via UM) �
County Counsel(via L/M) ATTESTED e / 1 J <X
Risk Management(via UM) PHIL BATCHELOR,CLERK OF THE BOARD OF
Orig:General Services Department-UM SUPERVISORS AND COUNTY ADMINISTRATOR
Buildings and Grounds(via UM)
BY L,•C,2 DEPUTY
C:IMy Documents\1034\1034 Amendbdorder.doc
AMENDMENT TO FACILITY LEASE
1434 OAK GROVE ROAD
CONCORD, CALIFORNIA
1. FACILITY LEASE AND PARTIES Effective March 1, 2000, TRANSOCEAN
FINANCING CORPORATION, a corporation duly organized and existing under and by virtue
of the laws of the State of California, hereinafter called "Lessor", and the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California, hereinafter called"County",
entered into a Facility Lease, hereafter known as the "Lease" for the property located at 1034
Oak Grove Road, Concord, CA, hereafter known as the"Property"
2. ASSIGNMENT On April 11, 2000, Lessor sold, assigned and transferred all
Lessor's right, title and interest in, to and under the Lease to TRANSAMERICA PUBLIC
FINANCE LLC ("Assignee").
3. PURPOSE: Lessor, Assignee and County desire to amend the Lease, dated March
1, 2000, to address Hazardous Substances that may be found on the Property and to augment
County's indemnification of Lessor and Assignee.
4. AMENDMENT: Effective May 23, 2000,the Lease is amended as follows:
1. Section 16 is amended to add the following paragraph:
-1-
To the extent permitted by law, County shall indemnify Lessor and Assignee against,
and hold Lessor and Assignee harmless from, any and all claims, actions,proceedings, causes of
action, expenses, damages, liabilities, penalties, interest, costs or similar charges of whatever
nature, including attorney's fees, arising out of or connection with the Premises, including,
without limitation, its acquisition, possession, use, operation, construction or improvement.
To the extent permitted by law, County shall indemnify Lessor and Assignee and hold
Lessor and Assignee harmless against any and all claims, actions, proceedings, causes of action,
expenses, liabilities, damages, penalties, interest, costs or similar charges of whatever nature,
including attorneys' fees, in connection with any property, real estate, transfer, sales, use or any
other taxes, fees, assessments or imposts which may be assessed against the Property or the
transaction contemplated by this Lease.
County represents, warrants and covenants that throughout the term of this Lease it will
not take or permit any of its officers, employees or agents to take any action which would cause
the tax-exempt nature of the obligations evidenced by this Lease to be contested, challenged or
denied by applicable governmental authorities. In the event any such action by County results in
the denial or revocation of the tax-exempt status of such obligations, County shall be responsible
for all taxes, penalties, and interest arising in connection therewith to Lessor or any assignee.
2. Section 30 is added to the Lease as follows.
Section 30. Hazardous Substances
County agrees to defend, save, protect, indemnify and hold Lessor and Assignee harmless
from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential
-2-
damages, penalties, costs (of whatever nature), and expenses (including sums paid in settlement
of claims and all consultant, expert and legal fees and expenses of Lessor's counsel) or loss
directly or indirectly arising out of or resulting from any Hazardous Substance in, on, or around
any part of the property or in the soil, groundwater or soil vapor on or under the property,
including those incurred in connection with any investigation of site conditions or any clean-up,
remedial, removal or restoration work, or any resulting damages or injuries to the person or
property of any third parties or to any natural resources.
5. EFFECT: Except for the Amendment agreed to dated May 23, 2000, the Lease of
March 1, 2000,remains in full force and effect.
-3-
INN WITNESS THEREOF, the parties have executed the Amendment to Lease as of May
23, 2000.
6. SIGNATURE BLOCK:
COUNTY TRANSAMERICA PUBLIC FINANCE LLC
COUNTY OF CONTRA COSTA, As Assignee
a political subdivision of the
State of California
By By
Director of General Services Robert Neptune,Senior Vice President
RECOMMENDED FOR APPROVAL:
By
Director,Capital Facilities&Debt Management
By
Deputy General Services Director
TRANSOCEAN FINANCING CORPORATION
By
Lease Manager
By
Joshua Cooperman,President
APPROVED AS TO FORM:
VICTOR J.WESTMAN,County Counsel
By
Deputy
_4_
TO: BOARD OF SUPERVISORS
FROM: Warren E.Rupf,Sheriff-Coroner Contra
Costa
DATE: April 14, 2000 County
SUBJECT: Contract with Motorola, Inc.for Engineering and Technical Design Services
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Sheriff Coroner, or designee, to sign a contract on behalf of
the County with Motorola, Inc. in an amount not to exceed $48,000 for engineering and
technical design services of a communications system for the period June 15, 2000 through
June 14, 2001.
FISCAL IMPACT:
NONE. Funds to pay the cost of this contract are within the Sheriffs Office appropriations.
BACKGROUND:
The radio communications system currently used by public service agencies in the County is
nearing the end of its useful life. Furthermore, the system is not capable of the interoperability
necessary for the various public service agencies. One of the options being considered to replace
our current communications system is an 800 Mhz trunking system. Motorola has been selected
to complete engineering and technical design services required to thoroughly explore this option.
CONTINUED ON ATTACHMENT:NO SIGNATURE: / 1
RECOMMENDATION OF COUNTY ADMINISTRATOR RE MMENDATION OF BOARD COMMIT'rE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON_ 7 r , APPROVED AS RECOMMENDED / OTHER
VOTE OF SUPERVISORS
}t I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT 7 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.
Contact Person:Stacey Henderson 5-1540 „ ,
CC:Sheriff Coroner ATTESTED 2 // �
CAO Law&Justice PHIL BATCHELOR,CLEFkK OF THE BOARD OF
Auditor/Controller SUPERVISORS AND COUNTY ADMINISTRATOR
BY - 1 `'�C'{,t--2 - DEPUTY