Title
El Dorado County Air Quality Management District recommending the Board, acting as the Board of Directors for the Air Quality Management District:
1) Authorize the Air Pollution Control Officer (APCO) to execute Amendment 2 to Agreement 8534 with NBS Government Finance Group to extend the contract period for one year to April 30, 2027 in order to complete the preparation of a study of the fee structure for the District with no change to the agreement amount of $24,380, contingent upon approval by County Counsel and Risk Management; and
2) Authorize APCO to execute any additional amendments relating to Agreement 8534, excluding term extension and increases to the compensation, contingent upon approval by County Counsel and Risk Management.
FUNDING: District Administrative Funds.
BODY
DISCUSSION / BACKGROUND
AQMD's Rule 601, adopted in 2000 and amended in 2005, establishes AQMD's fee structure and set a fee amount for the different types of stationary equipment requiring annual permitting and for one-time AQMD fees. An annual adjustment is required based on the change in the California Consumer Price Index (CPI), and this adjustment is presented to the Board during AQMD's annual proposed budget public hearing.
During AQMD's FY2023/24 proposed budget public hearing, a current permittee expressed concern about the fee structure for his business, and AQMD's APCO proposed to the Board that AQMD could hire a consultant to perform a fee study for the District. The Board directed AQMD to include funding for a fee structure review in the FY2023/24 budget when AQMD returned on June 20, 2023, for adoption of the AQMD budget. Since NBS Government Finance Group (NBS) has performed recent fee studies for County departments, AQMD's APCO requested a fee study proposal from NBS and this consultant contract would allow the fee study to be initiated for presentation to the Board upon completion.
On April 23, 2024, Legistar file 24-0402, the Board authorized the APCO to execute Agreement 8534 with NBS. The agreement was fully executed on April 25, 2024, and NBS has performed work towards the completion of the fee study. Due to staff changes at AQMD, along with several vacancies and other time-consuming projects performed by AQMD staff during FY24/25, the fee study is taking longer than originally anticipated. The recommended amendment would allow AQMD staff to continue working with NBS to complete the fee study once staff have the appropriate time to dedicate to this project.
On April 29, 2025, Legistar file 25-0768, the Board authorized the APCO to execute Amendment 1 to Agreement 8534 with NBS. This amendment extended the contract period to April 30, 2026, with no change to the agreement amount.
ALTERNATIVES
If the amendment is not approved, AQMD would need to draft, review, and approve a new contract to complete a fee study.
PRIOR BOARD ACTION
April 23, 2024, Legistar file 24-0402, the Board approved the APCO to execute Agreement 8534 with NBS to perform the work necessary to complete a fee study for AQMD.
April 29, 2025, Legistar 25-0768, the Board approved the APCO to execute Amendment 1 to Agreement 8534, extending the contract end date to April 30, 2026.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
No new expenditures are created by this amendment, only an extension of the term of the agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to provide AQMD with a Minute Order.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rania Serieh, Air Pollution Control Officer