To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Payments for Services Provided by United Family Care, LLC (dba Family Courtyard)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $310,514 to United Family Care, LLC (dba Family Courtyard) for additional augmented board and care services for older adults with mental illness, for the period June 1, 2023 through March 6, 2024.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure in an amount not to exceed $310,514 and will be funded 100% by Behavioral Health Services Act (BHSA) funds.
BACKGROUND:
Due to the limited number of specialty providers available within the community, the Behavioral Health Services Division relies on contractors to provide necessary specialty health services to its clients. The Behavioral Health Services Division has contracted with United Family Care, LLC (dba Family Courtyard) for augmented board and care services since December 2007.
This Contract meets the social needs of the County's population by augmenting room and board and providing twenty-four-hour emergency residential care and supervision to eligible adults with mental illness, who are specifically referred by the County’s Behavioral Health Program Staff. Adult residential services for psychiatric clients requires stringent accreditation and compliance standards, as well as licenses and regulatory approvals that a limited number of providers possess. The Behavioral Health’s Quality Management, Utilization Management and Contract Monitor staff meet on regular basis to ensure monitoring and performance measures in the Contract are upheld. This Contract was approved by Health Services Personnel to ensure there is no conflict with labor relations. This Contract is entered into under and subject to the following legal authorities: California Government Code §§ 26227; California Code of Regulations, Title 9, Section 523 et seq.; California Welfare and Institutions Code Section 5600 et. Seq (known as The Bronzan-McCorquodale Act). These contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements by the Public Works Department’s Purchasing Division.
On November 28, 2023, the Board of Supervisors approved Contract #24-681-84(23) with United Family Care LLC (dba Family Courtyard), in an amount not to exceed $730,000 to provide augmented board and care services for mentally ill adults in West Contra Costa County, for the period December 1, 2023 through November 30, 2024.
Contractor’s insurance coverage lapsed due to unforeseen circumstances with the insurance company. Contractor had difficulty finding a new insurer and without insurance coverage, Contractor was unable to request an amendment to increase the payment limit and extend the contract however additional services were requested by County and provided by the Contractor in good faith.
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 $310,514.
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.