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C. 75
To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: December  13, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Purchase Order with Veritiv Operating Company

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/13/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
John Gioia, District I Supervisor
Contact: Marilyn R. Bybee, (925) 370-5200
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  13, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller or designee, to pay an amount not to exceed $138,250 to Veritiv Operating Company for janitorial supplies, parts, minor equipment and non-medical supplies provided during the period of May 26, 2022 through October 22, 2022; and  
  

APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Veritive Operating Company in an amount not to exceed $1,488,350, for the procurement of janitorial supplies, parts, minor equipment and non-medical supplies for the Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from October 23, 2022, through April 30, 2025.




FISCAL IMPACT:

Approval of this action will result in expenditures of up to $1,626,600 over the forty-one (41) month period between May 1, 2022 to November 30, 2025, and will be fully funded by Hospital Enterprise Fund I revenues.

BACKGROUND:

Contra Costa Regional Medical Center (CCRMC) and Health Centers went to bid in 2007 for janitorial supplies. The bid was awarded to Unisource, who later merged with Xpedx to form Veritiv in January 2014. On December 7, 2010, the Board of Supervisors approved agenda item C.27 to add funds to existing Purchase Order #21837 for a new total of $1,130,000 for the purchase of janitorial supplies.   
  
Vertiv is an awarded supplier for janitorial supplies and chemicals on the Vizient Group Purchasing Organization (GPO) contract # EV1014.  
  
Over the past two years, there has been an exponential increase in the volume of cleaning supplies, chemicals and equipment utilized to continuously provide a safe environment for staff, patients, and visitors. At the same time, like medical supply shortages, the Environmental Services Department at CCRMC also experienced supply shortages due to the ongoing supply chain disruptions. During this difficult time, Veritiv continued to support the Hospital and health centers by providing an increased volume of critically needed cleaning supplies and sharps containers that we were unable to obtain through other vendors. Due to the constant supply struggles and unpredictable spending patterns, Environmental Services did not realize they had exceeded their funding allocation, as they were focused on maintaining a safe environment.  
  
The supplier is entitled to payment for the reasonable value of its supplies under the equitable relief theory of quantum meruit. The theory provides that where a supplier has been asked to provide goods without a valid contract, and the supplier does so to the benefit of the County, the supplier is entitled to recover the reasonable value of those goods. The Department cannot pay the supplier for the goods procured as they lack the necessary instrument to issue payment. As such, the Department recommends the approval of both a $138,250 payment for the supplies included in past due invoices through October 22, 2022, and a purchase order to fund the purchases of cleaning supplies, chemicals and equipment from October 23, 2022 through November 30, 2025.   
  
Approval of these actions will allow the vendor to receive payment for supplies provided and to continue providing much needed janitorial supplies for CCRMC and Health Centers through November 30, 2025.

CONSEQUENCE OF NEGATIVE ACTION:

If this purchase order is not approved, CCRMC and Health Centers will not have the necessary cleaning supplies, chemicals, and equipment necessary to maintain a clean and safe environment for the staff, patients and visitors that utilize our services. Additionally, the Hospital will be at risk for not meeting regulatory requirements mandated by The Joint Commission, Title 22, etc.  
  
Additionally, Veritiv Operating Company will not be paid for supplies rendered in good faith.

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