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Planning and Building Department, Planning Division, recommending the Board:
1) In accordance with Chapter 3.13, Section 3.13.030 of County Ordinance Code, Contracting Out, find that due to the limited time frames, temporary or occasional nature, or schedule for the project or scope of work, the ongoing aggregate of work to be performed is not sufficient to warrant the addition of permanent staff;
2) Approve and authorize the Chair to sign Amendment I to competitively bid Agreement 6316 with Raney Planning and Management, Inc. for the provision of assisting the County with as-needed planning and environmental services, increasing the budget by $1,000,000 for a new total amount of $2,000,000, extending the term of the agreement by two (2) years for a new expiration date of March 14, 2027, and replacing the Rate Schedule to allow an increase in rates; and
3) Authorize the Purchasing Agent to execute any further documents determined necessary related to Agreement 6316, including amendments which do not increase the not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: Developer Funded (98%), General Fund (2%).
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DISCUSSION / BACKGROUND
In August 2019, the Chief Administrative Office, Procurement and Contracts Division, on behalf of the Department of Transportation and Planning and Building Department (Department), issued Request for Qualifications (RFQ) 20-918-043 for various as-needed consultant services, which included categories for both Land Use Planning and Environmental Services. In accordance with the County’s Procurement Policy C-17, Section 3.3.3, Request for Qualifications, staff from various divisions within the Department form evaluation committees to review responses received for each of the categories pertaining to the Department. In March and May of 2021, the Procurement & Contracts Manager issued lists of qualified firms for these consulting service categories.
The Department currently utilizes a number of consultant agreements on an as-needed basis to assist with various land use planning and environmental projects, including developer/applicant funded projects; however, it was determined that an additional as-needed agreement was necessary to take on an additional applicant funded project in progress as well as future land use projects.
In December 2021, the Department conducted an informal Request for Proposals (RFP) process, which included soliciting rates from various consultants on the lists of qualified firms from RFQ 20-918-043 in order to select an additional as-needed consultant contract. Following this process, the Department selected Raney Planning & Management, Inc. (Raney) and began negotiating an agreement for as-needed planning and environmental services.
Since approval of Agreement 6316 with Raney, the Department has issued various Task Orders under the Agreement. Raney is currently providing environmental services and as-needed planning assistance for the following proposed projects (Developer Funded): Town and Country Village, Rancho Victoria, Cameron Meadows, and Generations at Green Valley. Additionally, the Department has issued a Task Order, in the amount of $30,000 (Developer Funded/General Fund), for assistance with staff-led determinations and reports (Environmental Impact Reports [EIRs], Initial Studies/Mitigated Negative Declarations) guidance with California Environmental Quality Act (CEQA) determinations and related decisions, CEQA annual updates, and recent CEQA litigation. Some of this work may not be associated with a development application, which would be the portion paid with general fund.
Amendment I to Agreement 6316 proposes to increase the not-to-exceed amount by $1,000,000 and extend the term of the Agreement by two (2) years for a new expiration date of March 14, 2027. Additionally, this proposed Amendment will replace Exhibit B, Rate Schedule, with Amended Exhibit B, Amended Rate Schedule, allowing Raney to increase their rates for the first time since 2022 to align with their current billing rates. This Amendment will ensure that Raney sees aforementioned projects through to completion, is able to assist with new, incoming developer funded projects, and continues to assist the Department with CEQA inquiries and documents.
In addition to the changes noted above, other administrative changes to various articles were determined to be necessary and made throughout the Agreement. These changes include replacing the Default, Termination, and Cancellation, Indemnity, Insurance, and Conflict of Interest Articles in their entirety to address recent changes in State law and revised standard County contract language. Additionally, Exhibit C, California Levine Act Statement, has been added to the Agreement and incorporated into the Conflict-of-Interest Article to address Government Code Section 84308 (SB 1439, the Levine Act), regarding campaign contributions by the contractor, if any, to any officer of the County.
ALTERNATIVES
The Board may choose not to approve this proposed Amendment I; however, this would require existing staff to absorb the additional work needed to complete the processing of projects currently in progress. Existing planning staff are currently fully tasked and an increased staff workload would result in delays to current and future projects.
In addition, many Planning staff do not have the environmental and technical expertise in processing these types of complex applications. Raney’s experience in processing a broad range of development applications helps to ensure that the public, staff, the Board, and other stakeholders have the information necessary to evaluate and make important decisions regarding the projects.
PRIOR BOARD ACTION
On March 15, 2022, Legistar File 22-0100, the Board approved and authorized the Chair to sign Agreement 6316 with Raney, to assist the County with as-needed planning and environmental services, with a not-to-exceed amount of $1,000,000, and a term of three (3) years.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have approved the proposed Amendment.
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
Funding for these services has been included in the Department’s Fiscal Year 2024-25 budget and funding for these services beyond Fiscal Year 2024-25 will be included in subsequent budgets accordingly.
All current and new proposed projects are or will be funded by the developers. The $30,000 Task Order associated with general CEQA assistance is partially funded by the developers (if the project is billed on a time and materials basis) and a very minimal portion to the General Fund if it is not associated with a development project (no more than 2%).
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) original copies of Amendment I; and
2) The Clerk of the Board will return one (1) fully executed original Amendment I to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Robert Peters, Deputy Director of Planning
Planning and Building Department