To: Board of Supervisors
From: Marla Stuart, Employment and Human Services Director
Report Title: Payment for Services Provided by Summit Building Services, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to make a payment of $248,188 to Summit Building Services, Inc., for custodial services provided at various Community Services Bureau facilities from July 1, 2023, to July 31, 2025, which exceeded the contract payment limit and were provided in good faith.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure in an amount not to exceed $248,881and will be funded by 46%, Federal, 54% State
BACKGROUND:
Summit Building Services, Inc. has been providing custodial services to various county-operated childcare sites for more than ten (10) years. These services were formerly provided through a contract agreement with the Public Works Department, which the Board approved on June 8, 2021 (C.82), for the period of May 1, 2021, to April 30, 2024, with a total payment limit of $7,500,000.
The Employment and Human Services Department (EHSD) established a contract, approved by Board on August 8, 2023 (C.23), in the amount of $625,000 for the term of August 1, 2023, to July 31, 2024. On September 10, 2024, the Board authorized a contract extension (C.47) with Summit Building Services, Inc., to extend the term date from July 31, 2024, to July 31, 2025, with no change to the total payment limit of $625,000 for custodial services at the Community Services Bureau facilities.
In July 2025, EHSD received invoices for services provided between July 1, 2023, to July 31, 2025. These invoices included $49,041.99 for custodial services performed in July 2023 under the Public Works agreement for EHSD childcare sites. The remaining invoices amounted to $199,076 for services provided under EHSD’s contract through July 31, 2025, which exceeded the contract payment limit of $625,000.
The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a Contractor has been asked to provide services without a valid Contract, and the Contractor does so to the benefit of the County, the Contractor 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 $248,188 payable to Summit Building Services, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If this payment is not approved, the Contractor will not be paid for services requested by County staff and provided by Contractor in good faith.
CHILDREN’S IMPACT STATEMENT
The services provided under this contract support three of Contra Costa County’s community outcomes: (1) "Children Ready for and Succeeding in School"; (3) "Families that are Economically Self-Sufficient"; and (4) "Families that are Safe, Stable and Nurturing". These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition and health services to low