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C. 54
To: Board of Supervisors
From: Anna Roth, Health Services Director
Date: May  17, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Payment for Services Provided by Bay Area Community Services, Inc.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   05/17/2022
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: Christy Saxton, 925-608-6700
cc: E Suisala     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:     May  17, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay up to $96,016 to Bay Area Community Services, Inc. (BACS), a non-profit corporation, for operating the COVID-19 housing in Richmond for homeless individuals in Contra Costa County provided in good faith for the period February 1, 2022 through March 31, 2022.

FISCAL IMPACT:

This retro payment in an amount not to exceed $96,016 is funded 100% by Federal and State Emergency funding.

BACKGROUND:

The Health Housing and Homeless Department (H3) has been contracting with BACS, since April 2020 to operate COVID-19 housing in Richmond for homeless individuals in Contra Costa County.  
  




BACKGROUND: (CONT'D)
On October 12, 2021, the Board of Supervisors approved Contract #25-085-4 with BACS, in an amount not to exceed $318,751, to operate COVID-19 housing in Richmond for homeless individuals in Contra Costa County for the period October 1, 2021 through December 31, 2021.  
  
On January 11, 2022, the Board of Supervisors approved Contract Amendment/Extension #25-085-5, to increase the payment limit from $318,751 to a new payment limit not to exceed $425,000 and to extend the termination date from December 31, 2021 to January 31, 2022.  
  
Delays in processing are due to negotiations between H3 and BACS renewing their agreement. BACS, in good faith continued to provide staffing at the Best Western Richmond for COVID-19 Person Under Investigation (PUI) residents during the surge in COVID-19 positive cases, for the period February 1, 2022 through March 31, 2022.  
  
Therefore, the County has determined that BACS 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 person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services.

CONSEQUENCE OF NEGATIVE ACTION:

If this request is not approved, BACS will not be paid for services provided to County clients outside of the contract payment limit rendered in good faith.

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