To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Clarification of payment limit for September 12, 2023 Board Order Item #C.19 with First Carbon Solutions
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE clarification of Board action of September 12, 2023 (C.19), which authorized the Conservation and Development Director, or designee, to execute a contract amendment with First Carbon Solutions, to extend the term from September 15, 2023 to September 14, 2025 for the completion of the environmental impact report (“EIR”) for County File #DP21-3002 (Buchanan Field Warehouse Project), to reflect a payment limit of $500,000 instead of $293,197.
FISCAL IMPACT:
No impact to the County's General Fund. Project costs are covered by project applicant fees.
BACKGROUND:
On September 12, 2023 <https://contra-costa.legistar.com/LegislationDetail.aspx?ID=6342989&GUID=ED3389B8-9432-4FB0-A7BF-13EB2FE7CA08&Options=&Search=>, the Board approved DCD to execute a contract amendment (C.19) with First Carbon Solutions (consultant) to extend the contract term from September 15, 2023 to September 14, 2025, with no change to the payment limit. The contract is for EIR services related to an application from Montecito Development Company, LLC. (applicant) for a Development Plan for the Buchanan Field Warehouse Project (County File #DP21-3022). However, the September 12, 2023 Board Order incorrectly listed the payment limit at $293,197.
The correct payment limit of the consultant contract, as of September 12, 2023, is $500,000, as an earlier contract amendment was approved by the Board on September 7, 2021 <http://64.166.146.245/agenda_publish.cfm?id=&mt=ALL&get_month=9&get_year=2021&dsp=agm&seq=46714&rev=0&ag=1793&ln=94625&nseq=46721&nrev=0&pseq=46712&prev=0>. The intent of this Board Order is to correctly reflect on record the payment limit of this contract, which is $500,000 and not $293,197.
CONSEQUENCE OF NEGATIVE ACTION:
If the clarification of payment limit is not approved, the Department will not be able to fulfill the contract payment obligations.