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C.116
To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: February  28, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Payment for Services Provided by Delta Personnel, Inc. dba Guardian Security Agency

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/28/2023
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
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Kelly Edlund, (925) 378-1116
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:     February  28, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller or designee, to pay up to $104,264 to Delta Personnel Services, Inc. dba Guardian Security Agency for security services provided to Contra Costa Regional Medical Center (CCRMC) and Health Centers during the period June 27, 2022 through December 31, 2022.

FISCAL IMPACT:

Approval of this action will result in a one-time expenditure in an amount up to $104,264 and will be funded entirely by Hospital Enterprise Fund I revenues.

BACKGROUND:

CCRMC and Health Centers have contracted with Delta Personnel Services, Inc. dba Guardian Security Agency to provide security services at our hospital and health center locations. In the past, the Sheriff’s Department provided the use of Sheriff's Rangers for security screening and badging of all visitors. Due to budget restraints this service was eliminated, as the Guardian Security Agency can provide them at a lower cost.   




BACKGROUND: (CONT'D)
  
On March 31, 2020, the Board of Supervisors approved item C.81, to execute contract #26-352-16 with Delta Personnel Services, Inc. dba Guardian Security Agency in an amount not to exceed $3,425,000, to provide security guard services at CCRMC and Health Centers, for the period of January 1, 2020 through December 31, 2022.   
  
Security services provided by Guardian Security Agency at our COVID testing site locations were discontinued after the sites were closed in late 2022, and it was expected that the contract’s funds would be sufficient to meet the department’s needs through the end of the contract period. Due to an administrative oversight, during the period of June 27, 2022 through December 31, 2022 the department continued to receive security services from the contractor, without sufficient funds available on the agreement to cover the services. The amount due to the contractor for the invoices during that period is $104,264. To rectify this administrative oversight moving forward, the department has set new procedures in place to monitor contract funds more closely. A new contract was submitted with an effective date of January 1, 2023.  
  
The contractor is entitled to payment for the reasonable value of the services under the equitable relief theory of quantum meruit. The 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. Since the department cannot pay Delta Personnel Services, Inc. for services rendered in excess of the previous contract's payment limit, this request is for the Board to authorize the Auditor­-Controller to issue a one-time payment to the contractor in an amount not to exceed $104,264.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, Delta Personnel Services, Inc. will not be paid for services rendered in good faith.

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