To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Payment for Services Provided by Food Bank of Contra Costa and Solano
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $40,377 to Food Bank of Contra Costa and Solano, a non-profit corporation, for the provision of additional coordination of food services for County residents diagnosed with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) disease during the period September 13, 2024 through February 29, 2024.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure in an amount not to exceed $40,377 and will be funded 100% by Ryan White HIV Treatment Extension Act of 2009.
BACKGROUND:
The Public Health AIDS Program has been contracting with the Food Bank of Contra Costa and Solano since March 1, 2007 and contractor has continued providing food coordination and medical nutrition therapy services since May 2007 for County residents living with HIV or AIDS.
In April 2023, the County Administrator approved and the Purchasing Services Manager executed Contract #22-939-42 with the Food Bank of Contra Costa and Solano, in an amount not to exceed $164,846 for the provision of coordination of food services for County residents diagnosed with HIV or AIDS disease, through for the period March 1, 2023 through February 29, 2024.
In January 2024, the County Administrator approved and the Purchasing Services Manager executed Contract Amendment Agreement #22-939-43 to reduce the contract payment limit from $164,846 to a new contract payment limit of $125,942.
Due to a higher than anticipated number of additional HIV and AIDS patients requesting food services and medical nutrition therapy services during the contract term, the Division is requesting payment be made to cover the additional services provided by the contractor in good faith in the amount of $40,377.
The contractor 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 contractor has been asked to provide services without a valid contract, and the provider 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 $40,377.
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.