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Chief Administrative Office, Parks Division, recommending the Board approve and authorize the Chair to sign the First Amendment to Agreement for Services 6071 with Helix Environmental Planning, Inc. updating the scope of work to include the entire 12-acre Forebay Park site, increasing the not-to-exceed compensation amount by $29,115 for a new not-to-exceed amount of $91,170, and updating the fee schedule due to the original contract having the direct cost schedule left out.
FUNDING: California Department of Parks and Recreation Prop 68 Per Capita Program 68%, General Fund 32%.
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DISCUSSION / BACKGROUND
California Department of Parks and Recreation Office of Grants and Local Services (OGALS) administers the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Prop 68) Per Capita program, which has made funding available to fund local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. The County was allocated $400,000 in per capita funding. On September 21, 2021 the Board approved the projects for the Prop 68 Per Capita Grants that included $300,000 to replace the restroom at Forebay Park. In addition, $50,000 in General Fund was budgeted for the Forebay Playground in FY 2021-22. Agreement 6071 with Helix Environmental Planning, Inc. was executed on December 15, 2021, in the amount of $62,055 to complete a park design and environmental document on the North end of the park. This amendment will increase the scope to cover the design and environmental for the entire park not just the North end as the Board guaranteed $3 million in ARPA money for improvements. In the interest of efficiency, as Helix will already be on-site doing surveys, the Division decided it would be most cost effective to have the consultant work on the whole project at once rather than just part.
Chapter 3.13 of the El Dorado County Code of Ordinances, Contracting Out, includes Section 3.13.030, Criteria, which establishes those instances where contracts may be awarded and work can be performed by independent contractors. The Forebay Community Park, including design work and environmental studies may be contracted out because it requires specialty skills and qualifications not expressly identified in County classifications (Criteria 3.13.030 (B)). The County does not have any job classifications that include the expertise in environmental consulting or landscape architecture required to perform these services as they are only required when a project of this nature is active.
On November 2, 2021, the Board of Supervisors authorized Parks to submit an application for Proposition 68 Regional Parks and Rural and Recreational Tourism grant funding in the amount of $3 million to fund further improvements to Forebay Park (Legistar Item #21-1702). On November 9, 2021, the Board deliberated on the use of American Rescue Plan Act (ARPA) funding. Funds can be used for investments in outdoor spaces to support populations within Qualified Census Tracts (QCTs) to build stronger neighborhoods and communities. Within the community of Pollock Pines, Forebay Community Park is located in a QCT.
The Board directed that $3 million in ARPA funding be allocated to make improvements to Forebay Park, only to be used in the event that the County does not receive the Prop 68 funding.
With the additional funding from either grants or ARPA, the amendment to the Agreement is needed to increase the scope of the contract. This will enable the division to move forward with construction if the grants are successful and be ahead of the grant deadlines, or complete construction of the new amenities using the allocated ARPA funding.
ALTERNATIVES
The Board could choose not to approve this amendment.
PRIOR BOARD ACTION
21-1680: ARPA Funding
21-1702: Prop 68 Grant Application
21-1452: Prop 68 Per Capita Contract
21-0162: Prop 68 Per Capita Resolution
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel and Risk Management have reviewed and approved the amendment.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Prop 68 Per Capita Funding in the amount of $300,000 is available to fund the revised Agreement. The Forebay Community Park is in an area defined by State Parks as a severely disadvantaged community, and requires no funding match. No additional General Fund is needed as a result of this amendment, and there is no increase to net County cost as a result of this item. The cost of this contract, including the $50,000 in General Fund funding, is included in the Budget for FY 2021-22.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on two (2) originals of the amendment.
2) The Clerk of the Board will forward one (1) fully-executed original of the amendment to Chief Administrative Office, Contracts & Procurement Unit, for further processing.
STRATEGIC PLAN COMPONENT
Infrastructure
CONTACT
Vickie Sanders
Parks Manager