SIGNED BOARD REPORT"�|E��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 28, 2011- Consent AGENDA NO.: q~
SUBJECT: Approve and Authorize Delegation of Authority to the Director of Public Works,
or designee, to Execute Amendment No. 2 to the Transfer Agreement for the
North Wing Court Facility to provide for the prorata allocation and payment of the
fees and charges for utilities by the Administrative Office of the Courts.
Delegation of authority shall expire on June 30, 2011.
DEPARTMENT: RMA Public Works
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and authorize delegation of authority to
the Director of Public Works, or designee, to execute Amendment No. 2 to the Transfer
Agreement TA") for the North Wing Court Facility to provide for the prorata allocation and
payment of the fees and charges for utilities by the Administrative Office of the Courts.
Delegation of authority shall expire on June 30, 2011.
SUMMARY/DISCUSSION:
The Lockyer Isenberg Trial Court Funding Act of 1997 transferred responsibility for trial court
facilities from California counties to the Administrative Office of the Courts AOC) via transfer
agreements. On December 29, 2008, the County transferred title for the Marina Courthouse to
the AOC. The County's four remaining court facilities Monterey, King City, Juvenile, and
Salinas North Wing) were transferred to the AOC on March 29, 2009, but title did not pass to the
State. The County retained title to the four facilities due to either long-term debt issuance on the
property Monterey and Salinas North Wing) or majority occupancy. Upon completion of
extensive restoration and construction work on October 12, 2010, the Superior Court of
California, Monterey County the Court) commenced 100% occupancy of the Salinas North
Wing facility. Transfer of title to the AOC for the Salinas North Wing facility will occur at the
expiration of the long term encumbrance.
Section 4.3.6 of the Salinas North Wing Transfer Agreement TA) provides that, in the event, on
or after October 12, 2010 any of the utilities serving the building are not separately metered or
sub-metered from other buildings in the Monterey Government Center Complex MGCC"),
then the AOC and the County would amend the TA to provide for appropriate prorata
allocation and payment of the fees and charges" for utilities. Although at the time the TA was
negotiated, Public Works anticipated the installation of separate metering for the North Wing, no
sub-meter was established prior to the Court's occupancy of the building. Instead, utilities
collectively serve both the Salinas North Wing facility and MGCC.
Amendment No. 2 to the TA establishes a prorata allocation for utilities that serve the North
Wing and the MGCC. The prorata allocation is based upon the North Wing's square footage as a
percentage of the combined total occupied square footage of the North Wing and MGCC.
Excluded from the allocation of utility costs are facilities within the MGCC that are vacant and
not in use, and in which the utilities have been turned off.
A copy of the Amendment No. 2 can be found in Attachment A of this Board Report.
OTHER AGENCY INVOLVEMENT:
County Counsel, and Facilities Management have been involved in the negotiation process with
the AOC.
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SIGNED BOARD REPORT"�|E��Amendment No. 2 to the Transfer Agreement for the North Wing Court Facility
Page 2
FINANCING:
The utilities for the MGCC are currently paid for out of the Facilities Bureau under Unit 8182.
Approval of Amendment No. 2 provides a mechanism for the County to recover from the AOC
the share of the utility costs the Court utilizes until separate metering or sub-metering is
established for the Salinas Courthouse North Wing. Except as it is expressly amended pursuant
to this Amendment No. 2, the TA remains in full force and effect as originally signed and
approved by the AOC and the County.
Finance Manager III Director of Public Works
Approved by:
awne E. Ellerbee 755-4794 a an T. Emrani, M.S.,
Dated: June 20, 2011
Attachments: Board Order: Attachment A Amendment No. 2 to the Transfer Agreement for the
Salinas Courthouse North Wing
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REVISED COMPLETED BOARD ORDER��i
47
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No. A-12014
Approve and Authorize Delegation of Authority to the
Director of Public Works, or designee, to Execute
Amendment No. 2 to the Transfer Agreement for the
North Wing Court Facility to provide for the prorata
allocation and payment of the fees and charges for
utilities by the Administrative Office of the Courts.
Delegation of authority shall expire on June 30, 2011...
Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those
members present, the Board hereby;
Approved and Authorized Delegation of Authority to the Director of Public
Works, or designee, to Execute Amendment No. 2 to the Transfer Agreement for
the North Wing Court Facility to provide for the prorata allocation and payment
of the fees and charges for utilities by the Administrative Office of the Courts.
Delegation of authority shall expire on June 30, 2011.
PASSED AND ADOPTED on this 28th' day of June, 2011, by the following vote, to wit:
AYES: Supervisors Calcagno, Salinas, and Parker
NOES: None
ABSENT: Supervisors Armenta and Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on June 28, 2011.
Dated: June 28, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
Revised: July 7, 2011 County of Monterey, State of California
By
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REVISED COMPLETED BOARD ORDER��Court Facility: #27-A 1
Building Name: Salinas Courthouse North Wing
Address: 240 Church Street, Salinas, California 93901
AMENDMENT NO. 2 TO THE
TRANSFER AGREEMENT FOR THE
SALINAS COURTHOUSE NORTH WING
THIS AMENDMENT NO. 2 TO THE TRANSFER AGREEMENT FOR THE
SALINAS COURTHOUSE NORTH WING Second Amendment") is made and
entered into June gg, 2011, by and between the Judicial Council of California
Council"), Administrative Office of the Courts together with the Council, the
AOC"), whose present address is 455 Golden Gate Avenue, San Francisco, California
94102, and the County of Monterey County"), whose present address is 168 West
Alisal Street, Salinas, CA 93901 the AOC and the County are collectively referred to as
the Parties") with respect to the following facts:
RECITALS
A. AOC and County have entered into that certain Transfer Agreement for the
Transfer of Responsibility for the Salinas Courthouse North Wing, with an Effective Date
of March 30, 2009, TA"). The TA sets forth the terms governing the Parties'
respective rights and responsibilities, regarding possession, occupancy, and use of the
Building and the Real Property. Unless specifically defined herein, all defined terms are
as set forth in the TA.
B. Section 4.3.6 of the TA provides that in the event that at any time on or
after the Transition Date, any of the Utilities that serve the Building are not separately
metered or sub-metered to Building, then the Parties shall promptly amend the TA to
provide for appropriate prorata allocation and payment of the fees and charges for such
Utilities between the Parties.
C. The Parties recognize that no separate meter or sub-meter was established
for the Building by the Transition Date, and that the Utilities collectively serve the
Building and the Monterey Government Center Complex MGCC"), excluding the
County facilities currently vacant within the MGCC.
D. By this Second Amendment to the TA, the Parties intend to provide for an
appropriate prorata allocation and payment of the fees and charges for the Utilities
Utilities Costs") that serve the Building and the MGCC based upon the Building's
square footage as a percentage of the combined total occupied square footage of the
Building and MGCC. Excluded from the allocation of Utilities Costs are facilities within
the MGCC that are vacant and not in use, and in which the Utilities have been turned off.
I
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REVISED COMPLETED BOARD ORDER��E. The AOC and the County now wish to amend the TA as set forth in this
Second Amendment.
NOW, THEREFORE, the County and the AOC do hereby agree as follows:
1. Building's Square Footage Percentage of the Total Occupied MGCC
Square Footage. The Building constitutes 38.35 percent Building's Share") of the
combined total occupied square footage of the Building and the MGCC, as set forth in
Exhibit A" attached hereto and made a part hereof.
2. Utilities Included in the Allocation of Utilities Costs. The following
Utilities serve the Building and the MGCC and are not separately identifiable to a
specific facility within the Building or MGCC: garbage and recycling, water service,
water service-fire protection, sewer, electric and natural gas and boiler permit. The
charges and fees for such Utilities are included in the allocation of Utilities Costs.
3. Commencement Date of the Allocation of Utilities Costs. The
commencement of the allocation and payment of the Utilities Costs for the Building is the
Transition Date, which is October 12, 2010.
4. Quarterly Invoice. The County will be responsible to maintain all Utility
accounts and cause all Utilities to be provided to the Building and MGCC. The AOC
will be responsible for the Building Share of the Utilities Costs on and after the
Transition Date. Within 30 days of the end of each quarter, the County will deliver to the
AOC a quarterly invoice itemizing the actual Utilities Costs for the AOC Building Share
for the preceding quarter. The County's quarterly invoice shall provide a summary of
expenditures by utility provider for each applicable month of the quarter, along with
copies of the utility provider's invoices for the quarter as supporting documentation.
AOC will reimburse the County the Building Share of the Utilities Costs within 30 days
after its receipt of the County's quarterly invoice.
5. Estimate of Utilities Costs. Within 30 days of the commencement of each
Fiscal Year, the County will deliver to the AOC a statement the Estimate Statement")
itemizing the estimated Utilities Costs.
6. Annual Review. The allocation of Utilities Costs will be reviewed no less
than annually, or at any time that a change occurs in occupancy of the MGCC by the
County.
7. Termination of This Amendment No. 2. This Amendment No. 2 shall
terminate when the Utilities that serve the Building, referred to in section 2 above, are
separately metered or sub-metered to serve only the Building. Thereafter the County will
no longer be responsible to maintain such Utilities for the Building.
2
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REVISED COMPLETED BOARD ORDER��8. No Other Changes. Except as it is expressly amended pursuant to this
Amendment No. 2, the TA remains in full force and effect as originally signed and
approved by the AOC and the County.
9. Construction. The capitalized terms used in this Amendment No. 2, and
not otherwise defined herein will have the meanings given to them in the TA.
SIGNATURE PAGE FOLLOWS]
3
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REVISED COMPLETED BOARD ORDER��IN WITNESS WHEREOF, this Amendment has been executed as of the
day and year first above written.
APPROVED AS TO FORM:
Administrative Office of the Courts,
Office of the General Counsel
By:
Name: Rachel Dt4golovich
Title: Attorney
Date: 2-1- U
JUDICIAL COUNCIL OF CALIFORNIA,
ADMINISTRATIVE OFFICE OF THE
COURTS
Name: Grant Walker
Title: Senior Mana er~, Bysiness Services
Date: id// / /
ATTEST:
Gail Irlcowski, Clerk of the B
By
APPROVED AS TO FORM:
County of Monterey, Office of the
County Counsel
By: ftw)a 0~- 66CITLI
Name: Cynthia Hasson
Title: Deputy County Counsel
COUNTY OF MONTEREY
By:
Name: 1 2'ya/
Title: Chair, Board of-!S-Perviq
Date: l>,`r~~ ft.- fit c h/Js,' 5
4
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REVISED COMPLETED BOARD ORDER��EXHIBIT A"
BUILDING'S SQUARE FOOTAGE PERCENTAGE OF THE
TOTAL OCCUPIED MGCC SQUARE FOOTAGE
Government Center Complex Total
Square Current
Occupancy Total
Occupied Occupied Square
Footage as a %
Footage Square
Footage of Total
Administration Building 136,500 100% 136,500 53.70%
Salinas Courthouse North Wing 97,500 100% 97,500 38.35%
Salinas Courthouse East Wing 22,200 0% 0 0.00%
Salinas Courthouse West Wing 50,500 0% 0 0.00%
Modular Building #1 9,420 0% 0 0.00%
Modular Building #2 8,700 100% 8,700 3.42%
Modular Building #3 17,711 65% 11,512 4.53%
Modular Building #5 6,600 0% 0 0.00%
Tota I: 254.212 100.00%
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EXECUTED AGREEMENT"�|Eb��Court Facility: #27-Al
Building Name: Salinas Courthouse North Wing
Address: 240 Church Street, Salinas, California 93901
AMENDMENT NO. 2 TO THE
TRANSFER AGREEMENT FOR THE
SALINAS COURTHOUSE NORTH WING
THIS AMENDMENT NO. 2 TO THE TRANSFER AGREEMENT FOR THE
SALINAS COURTHOUSE NORTH WING Second Amendment") is made and
entered into June & 2011, by and between the Judicial Council of California
Council"), Administrative Office of the Courts together with the Council, the
AOC"), whose present address is 455 Golden Gate Avenue, San Francisco, California
94102, and the County of Monterey County"), whose present address is 168 West
Alisal Street, Salinas, CA 93901 the AOC and the County are collectively referred to as
the Parties") with respect to the following facts:
RECITALS
A. AOC and County have entered into that certain Transfer Agreement for the
Transfer of Responsibility for the Salinas Courthouse North Wing, with an Effective Date
of March 30, 2009, TA"). The TA sets forth the terms governing the Parties'
respective rights and responsibilities, regarding possession, occupancy, and use of the
Building and the Real Property. Unless specifically defined herein, all defined terms are
as set forth in the TA.
B. Section 4.3.6 of the TA provides that in the event that at any time on or
after the Transition Date, any of the Utilities that serve the Building are not separately
metered or sub-metered to Building, then the Parties shall promptly amend the TA to
provide for appropriate prorata allocation and payment of the fees and charges for such
Utilities between the Parties.
C. The Parties recognize that no separate meter or sub-meter was established
for the Building by the Transition Date, and that the Utilities collectively serve the
Building and the Monterey Government Center Complex MGCC"), excluding the
County facilities currently vacant within the MGCC.
D. By this Second Amendment to the TA, the Parties intend to provide for an
appropriate prorata allocation and payment of the fees and charges for the Utilities
Utilities Costs") that serve the Building and the MGCC based upon the Building's
square footage as a percentage of the combined total occupied square footage of the
Building and MGCC. Excluded from the allocation of Utilities Costs are facilities within
the MGCC that are vacant and not in use, and in which the Utilities have been turned off.
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EXECUTED AGREEMENT"�|Eb��square footage as a percentage of the combined total occupied square footage of the
Building and MGCC. Excluded from the allocation of Utilities Costs are facilities within
the MGCC that are vacant and not in use, and in which the Utilities have been turned off.
E. The AOC and the County now wish to amend the TA as set forth in this
Second Amendment.
NOW, THEREFORE, the County and the AOC do hereby agree as follows:
1. Buildin sg' Square Footage Percentage of the Total Occupied MGCC Square
Footage. The Building constitutes 38.35 percent Building's Share") of the combined
total occupied square footage of the Building and the MGCC, as set forth in Exhibit A'
attached hereto and made a part hereof.
2. Utilities Included in the Allocation of Utilities Costs. The following
Utilities serve the Building and the MGCC and are not separately identifiable to a
specific facility within the Building or MGCC: garbage and recycling, water service,
water service-fire protection, sewer, electric and natural gas and boiler permit. The
charges and fees for such Utilities are included in the allocation of Utilities Costs.
3. Commencement Date of the Allocation of Utilities Costs. The
commencement of the allocation and payment of the Utilities Costs for the Building is the
Transition Date, which is October 12, 2010.
4. Quarterly Invoice. The County will be responsible to maintain all Utility
accounts and cause all Utilities to be provided to the Building and MGCC. The AOC
will be responsible for the Building Share of the Utilities Costs on and after the
Transition Date. Within 30 days of the end of each quarter, the County will deliver to the
AOC a quarterly invoice itemizing the actual Utilities Costs for the AOC Building Share
for the preceding quarter. The Counts quarterly invoice shall provide a summary of
expenditures by utility provider for each applicable month of the quarter, along with
copies of the utility providers invoices for the quarter as supporting documentation. AOC
will reimburse the County the Building Share of the Utilities Costs *within 30 days after
its receipt of the Countys quarterly invoice.
5. Estimate of Utilities Costs. Within 30 days of the commencement of each
Fiscal Year, the County will deliver to the AOC a statement the Estimate Statement")
itemizing the estimated Utilities Costs.
6. Annual Review. The allocation of Utilities Costs will be reviewed no less
than annually, or at any time that a change occurs in occupancy of the MGCC by the
County.
7. Termination of This Amendment No. 2. This Amendment No. 2 shall
terminate when the Utilities that serve the Building, referred to in section 2 above, are
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EXECUTED AGREEMENT"�|Eb��8. No Other Changes. Except as it is expressly amended pursuant to this
Amendment No. 2, the TA remains in full force and effect as originally signed and
approved by the AOC and the County.
9. Construction. The capitalized terms used in this Amendment No. 2, and
not otherwise defined herein will have the meanings given to them in the TA.
SIGNATURE PAGE FOLLOWS]
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EXECUTED AGREEMENT"�|Eb��IN WITNESS WHEREOF, this Amendment has been executed as of the
day and year first above written.
APPROVED AS TO FORM: JUDICIAL COUNCIL OF CALIFORNIA,
Administrative Office of the Courts, ADMINISTRATIVE OFFICE OF THE
Office of the General Counsel COURTS
By: V &0
Name: Rachel D olovich
Title: Attorney
Date: o^z(-If
T:
orkowski, Clerk of the B,
By:
Name: Grant Walker
Title: Senior Manag r, Bu mess Services
Date: 7
COUNTY OF MONTEREY
APPROVED AS TO FORM:
County of Monterey, Office of the
County Counsel
By: a6% e
Name: Cynthia L. Hasson
Title: Deputy County Counsel
y,~t Z 9A/ 24 i/l
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