COUNTY OF SAN MATEO

Inter-Departmental Correspondence

DEPARTMENT OF PARKS

DATE:

June 9, 2009

BOARD MEETING DATE:

June 23, 2009

SPECIAL NOTICE/HEARING:

None Required

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

David G. Holland, Director, Department of Parks

SUBJECT:

Proposed Amendment to the Amended Memorandum of Understanding between the County of San Mateo and the Friends of Huddart and Wunderlich Parks

RECOMMENDATION:

Adopt a Resolution authorizing the President of the Board of Supervisors to execute an Amendment to the October 21, 2008 “Amended Memorandum of Understanding between the County of San Mateo and the Friends of Huddart and Wunderlich Parks.”

VISION ALIGNMENT:

Commitment: Preserve and provide people access to our natural environment.

Goal 15: Residents have nearby access to green space, such as parks and recreational opportunities.

This proposed amendment to the Amended Memorandum of Understanding between the County and the Friends of Huddart and Wunderlich Parks (Friends) contributes to the commitment and goal as it supports the Friends’ efforts to restore a historical site that in the future will provide expanded educational and recreational opportunities for the citizens of San Mateo County in Wunderlich Park.

BACKGROUND:

The October 21, 2008 Amended Memorandum of Understanding between the County and Friends (“Amended MOU”) replaced in its entirety the original Memorandum of Understanding entered into by the County and Friends in February of 2006. The Amended MOU provides that the Friends have responsibility and operational management for the actual renovation of Folger Stable including the contracting of design and construction services; the County has final oversight and approval of all plans prior to implementation and is not responsible for costs of the renovation, bidding the subcontracts, or daily administration of the renovation. The responsibilities of the Friends and County were memorialized in a “Possession and Use Agreement” signed by the County Manager.

DISCUSSION:

In the existing Amended MOU between the County and Friends, paragraph C. of Section V. Restoration Project, states that the County agrees to contribute specific in-kind services to the renovation project unless otherwise agreed by the parties. It was the intent of the County at the time of execution of the Amended MOU to provide in-kind services or funding for those services in an amount not to exceed $500,000. The October 21, 2008 staff report to the Board stated under Fiscal Impact: “The County portion of the partnership is valued at approximately $500,000 of services that include grading, permits, and minor maintenance.”

A portion of the County responsibility under the Amended MOU can be more economically and efficiently completed through a transfer of funds to the “Friends” to administer within the scope of their contract with Gonzalves and Stronk Construction Company, Inc., as this would save the County administrative and construction costs that would accrue if the County bid and procured the work through a separate contract. Since the work is being done as part of the larger project being donated by Friends, economies of scale dictate that seeking bids for this work as a separate contract would not produce an advantage to the County or serve any purpose, as a better price could not be secured for this work. The work to be accomplished as County responsibility was broadly defined in the Amended MOU, Section V., paragraph C, listed as items 1-7. The proposed amendment to the Amended MOU clarifies that the County may fulfill any or all of its obligations under the Amended MOU by either in-kind services, or funding in an amount not to exceed $500,000, at County’s sole option. This amendment will provide flexibility to the County to allow performance by Friends of specified work which is County responsibility under the existing Amended MOU when the County has determined that such work can be accomplished more cost-effectively by said Friends, through its contractor.

FISCAL IMPACT:

There is $300,000 in the Wunderlich Park Trust Fund. Funds for checks payable to the Friends to pay its contractor to perform work at County’s discretion, through the Parks Director, for items 1-7 as referenced as County’s responsibility, will be issued from that Fund. This represents a portion of the total County commitment to the partnership, which is valued at $500,000 of services, including grading, permits, utility connections/upgrades, paving and minor maintenance. The Friends of Huddart and Wunderlich Parks will provide approximately $3 million for construction of the project through private fundraising, as well as another $1 million in an endowment fund for future major maintenance.