To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Payment for Services Provided by Lombart Brothers, Inc. (dba Ophthalmic Instruments)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $18,600.96 to Lombart Brothers, Inc. (dba Ophthalmic Instruments), a corporation, for the provision of repair and maintenance services for ophthalmic equipment and instruments at Contra Costa Regional Medical Center (CCRMC) that exceeded the contract payment limit and were provided in good faith for the period December 1, 2022 through January 31, 2024.
FISCAL IMPACT:
Approval of this payment will result in budgeted expenditures of up to $18,600.96 and will be funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
Contractor has been providing ophthalmic equipment service and repair services since May 2021. The ophthalmic equipment is very sensitive and requires factory trained certified technicians to maintain warranty. Contractor is reliable, professional and always has the products required, including exclusive line of lane and advanced technology instruments, largest portfolio of products from leading ophthalmic instrument manufacturers and the largest network of reliable service technicians in the country.
In May 2021, the County Administrator approved and the Purchasing Services Manager executed Contract #76-729 with Lombart Brothers, Inc. (dba Ophthalmic Instruments), in an amount not to exceed $86,760, to provide repair and maintenance services for ophthalmic equipment and instruments at CCRMC for the period May 1, 2021 through April 30, 2024.
In July 2023, the County Administrator approved and the Purchasing Services Manager executed Contract Amendment Agreement #76-729-1 with Lombart Brothers, Inc. (dba Ophthalmic Instruments), to continue providing repair and maintenance services for ophthalmic equipment and instruments at CCRMC using a revised rate sheet, with no change in the original payment limit of $86,760 and no change in the original term of May 1, 2021 through April 30, 2024.
CCRMC received two invoices from the Contractor in March 2024 for services rendered in December 2022 through January 2024. Upon review of the invoices, it was discovered that that the rates for those services were not included in the revised rate sheet in Amendment #76-729-1 and it was too late to amend the Contract to increase the payment limit, leaving an outstanding invoice to be paid in the amount of $18,600.96.
Therefore, the County has determined that Lombart Brothers, Inc. (dba Ophthalmic Instruments) is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. That theory provides that where 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. The Contractor has provided services at the request of the county after the original contract payment limit had been reached. The Department cannot pay Contractor for services rendered that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $18,600.96 to Lombart Brothers, Inc. (dba Ophthalmic Instruments).
CONSEQUENCE OF NEGATIVE ACTION:
If this request is not approved, Contractor will not be paid for services provided to CCRMC outside of the contract payment limit rendered in good faith.