DEPARTMENT: Parks and Recreation
DEPARTMENT HEAD: Janet A. Martin, Interim Director
COUNCIL DISTRICTS IMPACTED: City Wide
SUBJECT:
Edwards Aquifer Protection Program Real Estate Services
SUMMARY:
This ordinance authorizes the negotiation and execution of contracts with Bexar Land Trust, Inc. d/b/a Green Spaces Alliance of South Texas and The Nature Conservancy not to exceed an aggregate of $2,500,000.00 for real estate services under the 2015 Venue Sales Tax - Edwards Aquifer Protection Program, for an estimated period of five years.
BACKGROUND INFORMATION:
The purpose of the Edwards Aquifer Protection Program (EAPP) is to protect the quality and quantity of water recharging into the aquifer. In May 2015 Proposition 1 was placed on the election ballot in which voters approved the 1/8-cent venue sales tax generating $100 million for continued expansion of the EAPP. Through Proposition 1 $90 million will continue the program’s efforts to obtain real estate interests by fee-simple purchase, conservation easements or donations of land over the sensitive zones of the Edwards Aquifer. The balance of $10 million will incorporate new recharge and water quality protection projects within urbanized areas of Bexar County. The City utilized a discretionary public process to procure eligible real estate services agents to assist with identifying properties appropriate for acquisition and conservation over sensitive areas of the aquifer recharge zones.
The City issued a Request for Qualifications titled “Assistance with the Edwards Aquifer Protection Program” on December 14, 2015 with a submission deadline of January 15, 2016. Three proposal responses were received, which were scored on January 28, 2016. The evaluation team consisted of representatives from the City Manager’s Office, Parks and Recreation Department, Conservation Advisory Board and the Edwards Aquifer Authority. The proposals were evaluated based on the firm’s experience, background, qualifications, proposed management plan, and experience with local real estate conditions including conservation and watershed strategies.
The evaluation of each proposal was based on a total of 100 points- 40 points allotted for experience, background, qualifications; 40 points for proposed management plan; and 20 points allotted for respondent’s knowledge in local real estate market conditions and local aquifer conservation strategies. The Local Preference and Veteran-Owned Small Business Preference programs were not applicable. Additionally, the City’s Small Business Economic Development Advocacy Program (SBEDA) does not apply and was not part of the scoring model.
After evaluation committee review and discussion, scores were finalized and the aggregate scores were presented to the committee. Bexar Land Trust, Inc. d/b/a Green Spaces Alliance of South Texas and The Nature Conservancy Division received the highest rankings and was recommended for award by the evaluation committee.
The real estate services contracts will span the life of the 2015 venue sales tax election which is estimated at five years. Under each agreement the City will receive recommendations for acquisition through fee-simple purchase or conservation easement based on an established scientific ranking system including contract negotiation and property closing services.
ISSUE:
Proposition 1 as approved by the voters in May 2015 will generate approximately $90 million for continued land conservation and protection of the sensitive recharge and contributing zones over the Edwards Aquifer. This ordinance continues the existing policy to protect the aquifer through real estate services by authorizing the negotiation and execution of two contracts with Bexar Land Trust, Inc. d/b/a Green Spaces Alliance of South Texas and The Nature Conservancy not to exceed an aggregate of $2,500,000.00 under the Edwards Aquifer Protection Program. The Conservation Advisory Board endorsed this approach at its March 2015 meeting in support of each real estate team’s expertise in negotiations and due diligence for efficient and timely acquisition of properties or conservation easements.
ALTERNATIVES:
In lieu of approving the real estate services agreements foregoing industry experties, City staff could perform the necessary due diligence to identify, negotiate, and secure properties over the Edwards Aquifer recharge zones. However, this would increase administrative program costs and the rate which properties are protected over the recharge zones would decrease.
FISCAL IMPACT:
There is no General Fund impact associated with this action. Funds of $2,500,000.00 for the real estate services agreements will utilize 2015 Proposition 1 Parks Development & Expansion Funds available in the Edwards Aquifer Protection Program Project approved in the FY 2016-2021 Adopted Annual Capital Budget.
RECOMMENDATION:
Staff recommends approval of the proposed real estate services contracts with Bexar Land Trust, Inc. d/b/a Green Spaces Alliance of South Texas and The Nature Conservancy not to exceed an aggregate of $2,500,000.00 under the Edwards Aquifer Protection Program.
Discretionary Contracts Disclosure Forms, as required by the Ethics Ordinance, are included herein as attachments.