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HomeMy WebLinkAboutAgenda 11-18-2025; 8-j - Amendment to Professional Services Contract with Clarion Associates to Develop a Comprehensive Land Use Plan 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 18, 2025 Action Agenda Item No. 8-j SUBJECT: Amendment to Professional Services Contract with Clarion Associates to Develop a Comprehensive Land Use Plan DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Contract Amendment #3 — Services Tom Altieri, 919-245-2579 Agreement Cy Stober, 919-245-2592 PURPOSE: To approve a contract amendment between Orange County and Clarion Associates, LLC, adding additional note-taking services to the contract for the development of a Comprehensive Land Use Plan. BACKGROUND: At its May 16, 2023 Business meeting, the BOCC approved the original contract with Clarion Associates, LCC, to develop a Comprehensive Land Use Plan. At its September 5, 2023 meeting, the BOCC approved Contract Amendment #1 to add additional meetings between Clarion Associates and the BOCC. Contract Amendment #2 was approved by the BOCC at its October 15, 2024 meeting and extended the end of the term seven (7) months to April 30, 2026, added additional public outreach meetings, and BOCC and Planning Board meetings. At its March 11, 2025 work session, the BOCC received a presentation from Clarion Associates on the preliminary Public Review Draft of the Land Use Plan 2050 for BOCC review and feedback. Board review and feedback on the draft was requested to inform any changes to the draft prior to the opening of the next Community Engagement Window. Subsequently, the Board requested additional background information from County staff and independent, expert presenters for the purpose of further informing its review. Subsequently, Planning staff has coordinated with the Clerk's and Manager's Offices to schedule items on BOCC work session agendas and add two half-day retreats to the Board's meeting calendar. The attached Contract Amendment #3 is to provide for a Clarion staff member to attend BOCC meetings (four (4) work sessions and two (2) retreats) to hear the informational presentations and discussions related to the LUP 2050 and take notes. FINANCIAL IMPACT: The compensation for the additional work included in this Amendment is up to $4,020. The original Agreement is amended to reflect a maximum payable amount of $240,734. A Budget Amendment allocating the additional funds was approved by the Board at the October 21, 2025 Business meeting. 2 ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 4. Incentivize and promote sustainable agriculture and local food systems development through supportive policy, funding, farmland protection and educational outreach. OBJECTIVE 5. Review land use policies to promote and connect Town, County, and private trails and open spaces. OBJECTIVE 6. Protect water supply/watersheds. OBJECTIVE 7. Conserve and protect high priority open space, including Natural Heritage sites, nature preserves, watershed riparian buffers, and prime/threatened farmland. OBJECTIVE 8. Include environmental stewardship objectives in the Comprehensive Land Use Plan. • GOAL 2: HEALTHY COMMUNITY OBJECTIVE 7. Invest in services and programs that improve the health and quality of life of the community (e.g., recreation and public open spaces, arts, etc.) • GOAL 3: HOUSING FOR ALL OBJECTIVE 5. Review County ordinances, policies, agreements, and the regulatory processes to streamline practices, and increase opportunities and reduce barriers to construct housing. OBJECTIVE 7. Expand resources and invest in housing designed for our aging and disabled residents. OBJECTIVE 9. Increase representation of people with lived experience on housing related matters. • GOAL 4: MULTI-MODAL TRANSPORTATION OBJECTIVE 1. Identify priorities and resources necessary to implement the Orange County Transit Plan. • GOAL 5: PUBLIC EDUCATION/LEARNING COMMUNITY OBJECTIVE 1. Foster collaborative relationships with formal and informal educational organizations and agencies to provide opportunities for community members to meet, connect, and learn together. • GOAL 6: DIVERSE AND VIBRANT ECONOMY OBJECTIVE 2. Review and revise County policies and regulations to support business investment in Orange County. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the County Manager to execute the contract amendment (Attachment 1). 3 Attachment 1 NORTH CAROLINA CONTRACT AMENDMENT#3 ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 18th day of November, 2025 by and between ORANGE COUNTY (hereinafter referred to as "County") and Clarion Associates, LLC (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated May 22, 2023, (hereinafter the "Original Agreement"), for the provision of services for Comprehensive Land Use Plan; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. "Attachment A3: Second Update to Deliverable and Fee Schedule" is amended to include the following deliverables and fee: Clarion Associates will attend up to 4 BOCC meetings and 2 retreats to hear presentations and discussions and take notes of items that will require changes to the draft Land Use Plan 2050 prior to its release for public review and comment during Community Engagement Window#3; and the compensation shall be four thousand twenty dollars($4,020). 2. Article 5 of the Original Agreement, is amended to reflect a maximum payable not-to-exceed amount of two hundred forty thousand seven hundred thirty four dollars ($240,734)dollars. 3. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment,this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER County Manager 4 ORANGE COUNTY-INTERNAL USE ONLY Finance Information Vendor Name: Clarion Associates,LLC Vendor Contact Person: Leigh Anne King Phone: 919-967-9188 Address: 101 Market Street, Ste.D. City: Chapel Hill State:NC Zip:27278 Department:Planning&Inspections Amount: $240,734 Purpose:Develop a Comprehensive Land Use Plan Budget Code(s): 30620020-630000-10086 Vendor#57017 Vendor Status with NCSOS: 0560098 Vendor is a BOCC consultant: ❑Yes ®No Contract Details Contract Type: ❑New ®Amendment(Original Contract: 5/22/23)(Most Recent Amendment#2 10/25/24) Effective Date 11/18/25 End Date 4/30/26 Notice Date (Notice Purpose ) Award ®Approved by Board(Agenda Date: 11/18/25); ❑Made or Administered by Signature Authority ®BOCC Express Delegation(Agenda Date: 11/18/25 Policy 9.4: ❑Under$5,000; ❑ Service Under$90,000; ❑Construction Under$250,000 - ❑Budget Policy Section XV(Capital Improvement Project: Bidding ❑Informal Bidding($30k-$90k); ❑Formal RFP($90k+); ❑Other(<$30k); ❑Exception(#-----) Department Affirmation ® This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. ❑This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed.Description of the nature of the emergency condition that was addressed: Department Director's Signature Date: Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: ®Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Date: Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Revised 01/24 5 Office of the Clerk to the Board Date: Revised 01/24