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Home My WebLink AboutMINUTES - 07242007 - C.131 C.1.31 07/2Y/2007 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 24, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RELISTED to August 14, 2007 consideration to adopt a County policy to encourage contracting with non- profit community rehabilitation programs, as recommended by the Ad Hoc Committee on Violence Prevention. I HEREBY CERTIFY TI-IAT TI-IIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND I NT'ERED ON THE MINUTES Ole THE-130ARD OF SUPERVISORS ON' E DA'Z'E SHOWN. ATTESTED July 24,2007 ]oh 'une 'Clerk of the Board of Supervisors a County Administrator By tty 0. • 131 TO: BOARD OF SUPERVISORS Contra 1.� �, ` .- _ FROM: Ad Hoc Committee on Violence Prevention � : �;,,�� ;.: -" Costa DATE: July 24, 2007r------- County SUBJECT: Contracting with Non-Profit Community Rehabilitation Programs SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT County policy to.encourage contracting with non-profit community rehabilitation programs, as recommended by the Ad Hoc Committee on Violence Prevention. FISCAL IMPACT: Minimal fiscal impact. State law limits rehabilitation program contracts to a fair market price. Administrative costs and workload are currently unknown, but should not be substantively greater. BACKGROUND: Welfare and Institutions Code (WIC) Section 19404 authorizes counties to bypass CONTINUED ON ATTACHMENT: X YES SIGNAT E: oA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): J n Gioia F deral Glover ACTION OF BOARD ON'—. APPROVE AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED _ JOHN CUELU,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Anastasia Dodson,5-1022 CC: D.Sansoe,CAO J. Crapo.CAO M. Lango,General Services M.Shiu,Public Works BY: DEPUTY SUBJECT: CONTRACTING WITH NON-PROFIT COMMUNITY REHABILITATION PROGRAMS competitive bidding and contract with community rehabilitation program organizations that use a workforce primarily of persons with disabilities who cannot engage in normal competitive employment because of the disability. The Ad Hoc Committee on Violence Prevention has discussed the use of this section to create job opportunities for individuals that may otherwise be unemployable due to certain types of disabilities. The Committee also discussed the potential use of this section to award County landscape contracts to community rehabilitation programs. a The Committee is recommending that a policy to encourage contracting with non-profit �Q community rehabilitation programs be approved by the Board of Supervisors. h Such a policy would not be intended to procure contracts to replace services already performed by County employees, but rather to support non-profit community rehabilitation programs. The proposed policy is attached. 2 7/a Y/7 CONTRA COSTA COUNTY Office of the County Administrator ADMINISTRATIVE BULLETIN �o Number: XXX Effective Date: to be determined Section: Purchasing SUBJECT: Contracting with Community Rehabilitation Programs Authority for this Policy.- California Welfare and Institutions Code (WIC) Section 19404 authorizes counties to bypass competitive bidding and contract for materials, supplies, or services with California non-profit corporations operating community rehabilitation programs that use a workforce primarily of persons with disabilities provided the goods or services meet the specifications and needs of the County and are purchased at a fair market price. Purpose of this Policy.- The olicy.The policy of the State of California (under WIC Section 19400-19404) is to extend employment opportunities for individuals with disabilities through encouragement of local communities to develop rehabilitation programs and to encourage state and local government to purchase products and services from non-profit corporations operating community rehabilitation programs serving individuals with disabilities in order to provide equality of competitive advantage for these non- profit organizations. The County affirms these state policies including the importance of providing employment opportunities for persons with disabilities, and therefore encourages County departments to contract with community rehabilitation programs to provide services, supplies, or materials. The goal of this policy is to increase employment among persons with disabilities while maintaining adequate service and supply performance and paying a fair market price. POLICY 1. Definition of Community Rehabilitation Program A Community Rehabilitation Program supports and employs individuals with disabilities, and is operated by a public or private nonprofit California corporation. State. law authorizes counties, without advertising or calling for Administrative Bulletin No. xxx Contracting with Community Rehabilitation 71--4 Programs Page 2 bids, to purchase materials and supplies manufactured and services provided by California nonprofit corporations operating qualified community rehabilitation programs, provided the goods or services meet the specifications and needs of the purchasing agency and are purchased at a $ fair market price. �p 2. State Requirements for Community Rehabilitation Program State Welfare and Institutions Code (WIC) section 19404 requires nonprofit corporations operating qualified community rehabilitation programs to meet cv the following conditions: ~ • California Non-profit corporation (public or private) • Operates Community Rehabilitation Programs to persons with disabilities • Labor force comprised primarily of persons with disabilities o "Primarily" means 75% or greater as measured by the percentage of person-hours of direct labor devoted to the contract work. o "Person with a Disability" means any person who is so severely incapacitated by any physical or mental disability that he or she cannot currently engage in normal competitive employment because of the disability. Persons who are blind are excluded from this definition. • Provide social.security benefits during term of contract • Provide unemployment benefits during term of contract • Provide disability benefits during term of contract • Articles of Incorporation provide that at least 2 directors of its board of directors are persons with disabilities or parents, guardians, or conservators of individuals with disabilities. • Provide benefits and other employer-employee agreements substantially equal to those benefits and agreements entered into between each nonprofit corporation and the representatives (union) designated by a majority of the employees. * Non-compliance results in immediate contract termination with 2-year ban on further contracts Administrative Bulletin No. xxx Contracting with Community Rehabilitation P-!4 Programs Page 3 0 V • Not commit any unfair labor practices as defined in Section 8(a) of the National Labor Relations Act (29 U.S.C. § 151) • Comply with Fair Labor Standards Act (29 U.S.C. §§ 201 et seq.) • Comply with Walsh-Healy Public Contract Act (41 U.S.C. § 35) 4 d • Comply with Wagner O'Day Act (41 U.S.C. §§ 46 et seq.) • Comply with regulations of the California Industrial Welfare Commission 3. County Policy of Encouraging Contracts with Community Rehabilitation Programs County departments are encouraged to contract with public or private California non-profit corporations operating community rehabilitation programs serving persons with disabilities. This includes using no-bid contracts established under WIC 19404, as well as providing notification of the availability of contracting opportunities to community rehabilitation programs that meet the requirements of WIC Section 19404. 4. Consistency with Existing County Policies and Federal and State Laws and Regulations Except with regard to competitive bid requirements, all other County policies and procedures for purchase of materials, supplies, and services should be followed when contracting with community rehabilitation programs. In addition, the work to be contracted out must be consistent with federal and state laws and regulations. Further, this policy is not intended to procure contracts to replace services currently being performed by County employees. The County policy under Administrative Bulletin 611 (Contracting with Community Based Organizations) requiring competitive bidding for contracts with community based organizations in excess of $50,000 shall not apply when the County has deemed it appropriate to contract with a community rehabilitation program pursuant to this policy. 5. Other Requirements for County Contracts with Community Rehabilitation Programs The contractor must self-certify compliance with WIC 19404. The contractor must meet the same performance requirements that would be expected for a contractor that is not a community rehabilitation program. 9/d% Administrative Bulletin No. xxx Contracting with Community Rehabilitation Programs Page 4 � The contract amount with a community rehabilitation program should be at a fair market price for the product or service as determined by the County. Orig. Dept: County Administrator References: California Government Code section 3/10'00 California Welfare and Institutions Code sections 19400 - 19404 /s/ JOH,'N CULLEN, Co my Administrator