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Planning and Building Department, Planning Division, Long Range Planning Unit, recommending the Board consider the following:
1) Approve and authorize the Chair to sign Amendment II to Agreement 4511 with PlaceWorks, Inc. for assistance in the development of the County’s Housing Element Update Project and Permit Ready Accessory Dwelling Unit Plan Program, extending the term of the Agreement by one (1) year for a revised expiration date of January 28, 2024, with no changes to the scope of work or not-to-exceed amount; and
2) Authorize the Purchasing Agent, or designee, to execute any further documents determined necessary related to Agreement 4511, including amendments which do not increase not-to-exceed amount or term of the Agreement, contingent upon approval by County Counsel and Risk Management.
FUNDING: Senate Bill 2 Building Homes and Jobs Act Planning Grants Program.
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DISCUSSION / BACKGROUND
In September 2019, the Planning and Building Department, Planning Division, Long Range Planning Unit (Department), completed an informal Request for Proposals (RFP) to qualified firms selected using the list established by the Request for Qualifications (RFQ) #17-918-020 for Community Development Services. The RFP process was conducted in accordance with County Procurement Policy C-17.
Two (2) proposals were received and a panel evaluated and ranked the proposals based on the thoroughness, clarity, and quality of the material presented with emphasis on: experience with Housing Element updates, experience with public outreach/working with community groups, experience with determining California Environmental Quality Act (CEQA) requirements and preparing CEQA documents. The Department selected PlaceWorks, Inc. (PlaceWorks) as the most qualified firm.
On January 28, 2020 (File No. 19-1865, Item No. 25), the Board approved Agreement 4511 with PlaceWorks to assist the Department with the 2021-2029 Housing Element Update of the General Plan, with a not-to-exceed amount of $113,862 and a term of three (3) years.
On March 10, 2020 (File No. 20-0170, Item No.18), the Board of Supervisors accepted a grant award in the amount of $310,000 for SB2 Building Homes and Jobs Act Planning Grants Program funds to accelerate the production of housing for two (2) activities, including the Community Design Standards for multi-family residential development in the Community Region of Shingle Springs, and the Permit Ready ADU Plans Program. The purpose of the ADU Plan Program is to encourage the construction of ADUs by offering property owners a pre-approved ADU building plan and optional facades.
On July 27, 2021 (File No. 21-1084, Item No. 17), the Board approved Amendment I to Agreement 4511 to incorporate a task for Permit Ready ADU Plans, with a new not-to-exceed amount of $220,671, and no changes to the three (3) year term. The Permit Ready ADU Plan program will serve as the foundation for the implementation of the County’s housing strategy to develop, and offer free of charge, prototype plans for ADUs to reduce permit costs and encourage affordable housing options for lower income households.
Based on the ongoing need for consultant services to assist in the Permit Ready ADU Plan Program, staff are recommending that the Board consider and approve an amendment to this Agreement. This proposed Amendment II extends the term of the Agreement by one (1) year with a revised expiration date of January 28, 2024, with no change to the not-to-exceed amount or the scope of work. The extended expiration date will allow for the continuation of any final work efforts on both the Housing Element Update Project and Permit Ready ADU Plans prior to Board consideration and approval.
In addition to the changes noted above, other minor administrative changes to various articles were determined necessary and made throughout the Agreement. These changes included: updating the Compensation for Services Article to update the invoice recipient; updating the Notice to Parties Article to update the County’s notice recipients; replacing the articles for Consultant to County, Independent Contractor, Default, Termination, and Cancellation, Indemnity, Conflict of Interest, and Nondiscrimination in their entirety to address recent changes in state law and revised standard County contract language. Similarly, three (3) new articles, Force Majeure, Waiver, and Electronic Signatures were added to for the same purpose. Exhibit C, “California Levine Act Statement”, has been incorporated into the Conflict of Interest Article to address Government Code section 84308 (SB 1439, the Levine Act), regarding campaign contributions by Contractor, if any, to any officer of the County.
ALTERNATIVES
The Board may choose not to approve the proposed Amendment. Both the Housing Element Update Project and Permit Ready ADU Plan Program are nearing completion. If the current Agreement expires, staff would need to begin the process to execute a new contract, which would result in overall project delays and potentially also jeopardize grant funding associated with this project as both grants have specific deadlines to expense the grant funds.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION
Approve as recommended
FINANCIAL IMPACT
There is no change to net County Cost associated with this item. Costs associated with both the Housing Element Update Project and Permit Ready ADU Plan Program are grant funded, with no local match commitment. Funding for these services has been included in the Fiscal Year 2022-23 Budget. Funding for any remaining work necessary will be included in the Fiscal Year 2023-24 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board to obtain the Chair’s signature on two (2) original copies of Amendment II; and
2) The Clerk of the Board to return one (1) fully-executed original Amendment II to the Chief Administrative Office, Procurement and Contracts Division, for further processing.
STRATEGIC PLAN COMPONENT
Good Governance: Promote the development of resources to identify and pursue additional revenue including local, state, federal and private funding for new and existing projects.
CONTACT
Robert Peters, Deputy Director of Planning
Planning and Building Department