Agenda

Return

C. 80

To:	Board of Supervisors
From:	William Walker, M.D., Health Services Director
Date:	December 19, 2017

Contra

Costa

County

Subject:

Payment for services provided by Sodexo America, LLC

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/19/2017

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
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Anna Roth, 925-370-5101
cc:	K Cyr M Wilhelm

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: December 19, 2017
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

Approve and authorize the Auditor-Controller, or his designee, to pay $24,115 to Sodexo America, LLC, a Limited Liability Company, for the management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center (CCRMC) and Health Centers for the period June 1, 2017 through October 31, 2017.

FISCAL IMPACT:

100% funded by Hospital Enterprise Fund I.

BACKGROUND:

On December 20, 2016, the Board of Supervisors approved Contract #26-606-12 with Sodexo America, LLC for the provision of management and oversight of the Food and Nutrition Services Unit at CCRMC and Health Centers for the period from November 1, 2016 through October 31, 2017.

BACKGROUND: (CONT'D)

At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization during the term of the agreement was higher than originally anticipated.

The provider 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. Sodexo America, LLC provided management and oversight of the Food and Nutrition Services Unit at CCRMC and Health Centers that exceeded the contract payment limit at the request of the Department. The Department is requesting that the contractor be paid the amount owing of $24,115.

CONSEQUENCE OF NEGATIVE ACTION:

If this Board Order is not approved, the contractor will not be paid for food service management services provided in good faith.