Agenda

Return

C. 44

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	August 8, 2023

Contra

Costa

County

Subject:

Payment for Services Provided by Rincon Consultants, Inc.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 08/08/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jody London, 925-655-2815

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: August 8, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $49,912 to Rincon Consultants, Inc. for consulting services rendered to the Department of Conservation and Development during the period April 1, 2023 to July 31, 2023 related to the feasibility study for sequestering carbon in the different land uses in Contra Costa County.

FISCAL IMPACT:

Approval of this action will result in a one-time expenditure in an amount not to exceed $49,912 and will be funded with 100% General Fund revenues. Sufficient budget exists in General Funds previously allocated to Sustainability work to cover the cost.

BACKGROUND:

In April 2021, Contra Costa County accepted a $250,000 Sustainable Agricultural Lands Conservation grant from the California Department of Conservation (“State”) to conduct a feasibility study of strategies for sequestering carbon in the different land use types in Contra Costa County. This project, "Healthy Lands, Healthy People", will develop a common understanding of carbon sequestration, identify where and how carbon sequestration strategies can be used in Contra Costa County, and build stakeholder support for carbon sequestration projects. The County is obliged to submit a completed report under the terms of the grant agreement with the State.

Rincon Consultants, Inc., has been providing project management, quality assurance and control, technical advisory services, and greenhouse gas verification services to the Department of Conservation and Development related to a feasibility study of strategies for sequestering carbon in the county since September 2021. In March 2023, the process to amend this contract was initiated.

Due to unanticipated problems with the data set the project was directed to use by the State, additional time and resources not articulated by the parties were required of the contractor to complete the services. During this period, the contractor continued services to update the underlying data set, develop a draft report for public review, and complete the feasibility study. Approval of this requested action represents payment of $49,912 for services provided during the period April 1, 2023 to July 31, 2023. tHE Department of Conservation and Development has, therefore, determined that Rincon Consultants, Inc., is entitled to payment for the reasonable value of services provided in good faith under the equitable relief theory of quantum meruit. This theory provides that when a person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services.

CONSEQUENCE OF NEGATIVE ACTION:

Rincon Consultants, Inc., will not be paid for services rendered in good faith to the Department of Conservation and Development, and the contractor will no longer be available to complete the feasibility study sequestering carbon report for the department.