HomeMy WebLinkAboutMINUTES - 02272007 - D.1 i
FHS #70 Z
TO: BOARD OF SUPERVISORS
Contra
Costa
FROM: Family and Human Services Committee
Federal Glover, Supervisor, District V '' - County
ST'4 C011K�J
Susan Bonilla, Supervisor, District IV
DATE: February 23, 2007 l
SUBJECT: County Policy on Contracting with Community Based Organizations /
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE the attached draft policy on contracting practices with community based organizations, and
DIRECT staff to implement the new policy.
FISCAL IMPACT:
Minimal fiscal impact. Departmental contract staff will have an unknown amount of increased workload for
processing the required Requests for Interest or Requests for Proposal under the new policy.
BACKGROUND:
On March 1, 2005, the Board of Supervisors considered approving a recommended policy requiring the
periodic competitive recruitment for County services contracts. The Board took two actions on this issue. First
it amended page three of the draft Administrative Bulletin to include notification of the Board when a waiver of
the policy is approved. Second, at the request of the Contractors' Alliance and to provide time for more public
input on the recommended policy, it referred the issue to the Family and Human Services Committee.
On October 17, 2005, the Family and Human Services Committee considered a recommended policy on
County contracts for services provided by community based organizations (CBOs). At the meeting discussion
CONTINUED ON ATTACHMENT: YES XX NO SI ATURE ij 'fir RECOMMENDATION OF OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE 0TH
SIGNATURE(S) Fed ral Glover,Chair Susan Bonilla,Member
ACTION OF BOARD O 0 APPROVED AS RECOMMENDED OTHER a
VOTE OF SUPERVISORS:
4 UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
AYES:. NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS O 1 THE DD�AT,Et)SHOWN.
Contact: Dorothy Sansoe,5-1009 ATTESTED " (`�v
JOHN CU EN,CLERK OF THE BOA OF
cc: County Administrator SUP ERV RS AND COUNTY ADMINISTRATOR
Health Services Department
Employment and Human Services Department
0
BY: DEPUTY
Page 2 of 2
took place regarding several aspects of the County's contracting relationship with community-based
organizations. The Committee requested that staff return with a plan for a workshop to discuss the proposed
policy and other contracting concerns.
On March 13, 2006, the Family and Human Services Committee conducted, with the assistance of Grace
Boda; a consultant specializing in meeting facilitation, a discussion between County department staff and CBO
staff. This discussion focused on principles surrounding contracting issues between the parties. The
discussion was not meant to reach agreement on specific issues, but rather to provide an opportunity for give
and take on both sides and for thoughtful expression of ideas to improve the process and procedures involved.
On April 3, 2006, the Family and Human Services Committee again met to discuss the draft of the proposed
policy. The Committee provided direction to staff to work with the Executive Director of the Contractors'
Alliance to prepare a final version of the draft.
In January 2007, staff met with representatives from Local One and SEIU Local 535 to discuss their concerns
with the policy. Also, County Council reviewed the legal aspects of the policy.
On February 12, 2007, the Family and Human Services Committee reviewed and discussed the final version of
the policy and approved forwarding it to the Board of Supervisor for final adoption.
Attached to this Board Order is a draft of the Administrative Bulletin.
ADDENDUM TO D.l
FEBRUARY 27, 2007
On this day, the Board of Supervisors considered approving contracting policy for new
health and human services funding as recommended by the Family and Human Services
Committee.
Supervisor Glover introduced this item, noting there have been several meetings with the
Community Based Organizations as well as the representatives from Local 1, Contractors
Alliance and S.E.I.U. (Service Employees International Union). He said in trying to
create this policy a workshop was held with a consultant to try to work through various
issues to bring back a fair policy that would be agreed upon by all the stakeholders.
Dorothy Sansoe, Deputy County Administrator corrected a typographical error on page 2
paragraph 1 —Unless a waiver is granted under Section 1 of this policy, should read
Unless a waiver is granted under Section 7 of this policy.
Referring to item No. 2, page 2—Draft Policy for Contracting with Community-Based
Organizations under Request for Interest, Supervisor Uilkema suggested language
clarifying -if there are two contractors currently providing service, there should be a
competitive process between the existing contractors.. Supervisor Uilkema noted the
same issue referred to item No. 1,page 4 of the policy—under Guidelines for
Competitive Bidding—item Number I —Request for Interest.
Ms. Sansoe concurred this was somewhat confusing and would provide language to
clarify this sentence.
Referring to page 2 -Request for Interest Supervisor Gioia proposed language that would
be broad enough to encompass potential providers that would be clear about what the
process is. Referring to page 2— Competitive Bidding-He suggested language here that
defines the service based on the professional qualifications and not always the low bid.
Supervisor Gioia asked for clearer language in defining the language on 3 c. He said the
Board should have the option to say they want two-year funding cycle and do a
competitive process every two years. Supervisor Gioia referred to No.7,Policy Waiver—
and said the waiver should go through the Board and not the County Administrator. He
said the language should state "a recommendation from the CAO's office to waive the
policy for approval on the Board of Supervisors Consent calendar." He went on to
mention to allow more flexibility in the policy a waiver should be included using as an
example the provision in the Welfare and Institutions Code Section 19404.
The Chair asked for public opinion and the following people spoke:
• Marianna Moore, Director, Contractors Alliance, said she acknowledges the
Committee and staff for stepping forward to hear their concerns;
• Barbara Visik, Director of Family Stress Center, thanked Supervisors Glover,
Bonilla and Ms. Sansoe for working with them. She said she is happy to know
that they will be allowed to compete for new money which has not been in the
case in the past;
• Roland Katz, Public Employees Union, Local 1, informed the Board the County
does not exist to employ people or give CBO's contracts. He said he could not
understand why all new monies go out to CBO's. He said the waiver provision in
the policy possibly could swallow the rule, and asked the Board not to adopt the
policy.
By a unanimous vote with all Board members present the following action was taken:
AMENDED the draft policy on contracting practices with CBOS as follows:
Under POLICY-New Funding and Open Bidding, to read"Unless a waiver is granted
under section 7 (not 1 of the policy);
Under Section 2 Request for Interest—Language to be clarified;
Under— Competitive Bidding-language to be clarified;
Under 4 a—include"Professional consideration...in addition to fiscal and managerial
capability"..
No.7,Policy Waiver—the last sentence should state a recommendation from the CAO's
office to waive the policy for approval on the Board of Supervisors Consent calendar and
INCLUDE a Waiver using as an example the provision in the SEC. 27. Section 19404 of
the Welfare and Institutions Code ..
"Any state agency, city or county,political
subdivision, or district of this state may, without advertising
or calling for bids,purchase materials and supplies manufactured and services provided
by public or private nonprofit California corporations operating community
rehabilitation programs serving persons with disabilities who have indicated an interest
in supplying those goods and services and may, on an equitable basis apportion the
business among the interested 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, as determined by the appropriate state or local agency and provided
that the public or private nonprofit California corporations comply with all of the
following requirements:
(a) (1) Contract work obtained under this section shall be
performed by a labor force which is comprised primarily of
persons with disabilities, as measured by the percentage of
person-hours of direct labor devoted to the contract work. "
DRAFT
CONTRA COSTA COUNTY
Office of the County Administrator
ADMINISTRATIVE BULLETIN
Number: 611
Effective Date: to be determined
Section: Purchasing
SUBJECT: Contracting with Community-Based Organizations
Authority for this Policy.-
State law provides that the Board of Supervisors may appropriate and expend
money from the general fund of the county to establish county programs or to
fund other programs deemed by the Board to be necessary to meet the social
needs of the population of the county, including, but not limited to, the areas of
health, law enforcement, public safety, rehabilitation, welfare, education, legal
services, and the needs of physically, mentally, and financially handicapped
persons and aged persons. The Board may contract with other public agencies
or private agencies or individuals to operate those programs which the Board
determines will serve public purposes. The Board frequently contracts with
nonprofit community-based organizations to operate and provide such programs
and services.
Purpose of this Policy.
The County and the organizations with which they contract share a common goal
of wanting to ensure that the people who need the services provided receive
those services. Further, the County and its contractors are committed to
providing the highest quality services and to reaching the greatest number of
people in need. Services contracted with CBOs are generally of very good
quality. However, as with any service sector, business practices and model
approaches are continually being developed and/or refined. The County wishes
to ensure that the people who need the services receive the best services
available on the market. An RFP process helps ensure that this occurs.
It is strongly recommended that departmental staff work with community-based
organizations (CBO) during both the bidding process and contracting process
and that regular, frequent communication take place between program staff and
CBO staff. Notification should be provided to current providers early in the
process to allow as much notice as possible.
This policy pertains exclusively to contracts with community-based organizations
for social and human services, and does not amend or replace Administrative
Bulletins Nos. 605 and 608-610 pertaining to contracting for special services.
Revised February 16, 2007
Administrative Bulletin No. 611 . Contracting with Community-Based Organizations
Page 2
POLICY
1. New Funding and Open Bidding
Unless a waiver is granted under Section 9 of this policy, the County will
solicit services through an RFP process anytime a new dedicated funding
stream designed for health or social services is available, eligible, and
appropriate to be used for contracting. Where feasible, County
departments may compete through the RFP process to provide the
services. This section does not preclude the ability of a department to use
new funding for case management or oversight and monitoring of
contracted services.
2. Requests for Interest
Prior to proceeding to a formal or informal competitive bid process, a
Request for Interest will be issued to determine if there is interest on the
part of contractors not currently providing services. If there is no new
interest, the competitive bidding process may be waived as provided for in
Section 7 of this policy.
3. Competitive Bidding
For contracts with community-based organizations in excess of $50,000:
a. The initial contract award will be based on a competitive bidding
process.
b. An annual contract may not be renewed more than two times without a
Request for Interest process.
c. Multi-year contracts may not exceed three years in length and may not
be extended without a Request for Interest process.
4. Contract Award
For contracts with community-based organizations in excess of$250,000:
a. Consideration will be given to the fiscal and managerial capability of
the agency before contracts are entered into with community-based
organizations.
b. Strong consideration will be given to contractors with an established
and stable financial history.
Revised February 16, 2007
Administrative Bulletin No. 611 Contracting with Community-Based Organizations
Page 3
c. Follow-on or renewal contracts will not be approved unless and until
any audit exceptions and deficiencies have been remedied.
5. Contract Requirements
a. All contracts shall identify specific performance outputs and/or
outcomes. Contracting departments shall review performance of
contracts periodically to ensure compliance with output/outcome
requirements.
b. Failure to achieve contracted performance output or outcome
requirements maybe grounds for contract termination.
c. Contracts with contractors that fail to achieve performance outputs or
outcome requirements may not be automatically renewed. Such
contracts must be reviewed to ensure that the desired outputs or
outcomes are achievable. A new contract may be established, if
appropriate, following a competitive bid process.
d. Contracts will contain a provision for termination at the convenience of
the County upon thirty-day advance written notice, or immediate
termination by written mutual consent.
e. Once per contract period, contracts will be monitored by the County to
ensure service quality and progress toward outputs and outcomes is
being achieved.
6. Board of Supervisors Approval
Requests to the Board of Supervisors to establish, renew, or continue a
contract will be in the form of a Board Order that includes the following
information:
a. the name of the agency
b. the term of new contract or contract amendment / renewal
c. the new or increased payment limit
d. the services to be provided in consideration for the payment
e. a summary of the history of the contractual relationship for the services
requested, to include the term of the original contract authority and the
number and duration of any prior renewals
f. a brief summary of the competitive recruitment process, if any, that led
to the contractor's selection
g. for contracts in excess of$250,000, a supportable statement that any
problems or deficiencies identified in the selected agency's most
recent audit have been remedied to the department's satisfaction
Revised February 16, 2007
Administrative Bulletin No. 611 Contracting with Community-Based Organizations
Page 4
h. if applicable, justification for waiver of all or any portion of this policy
(see the following section)
i. any and all other information routinely required on a Board Order (such
as the Children's Impact Statement).
7. Policy Waiver
Prior to entering into any contractual agreement under this policy, a
department may apply to the County Administrator for waiver of all or any
portion of this policy. Such application will demonstrate the extenuating
circumstances that render the policy inapplicable. The County
Administrator or authorized designee will evaluate and authorize such
applications. The County Administrator will notice the Board of
Supervisors via the agenda process whenever a waiver is approved.
GUIDELINES FOR COMPETITIVE BIDDING
The following are guidelines to assist department contract personnel in the
development and solicitation of proposals. Departments may develop internal
policy to strengthen these guidelines, if deemed desirable.
1. Request for Interest
Conduct a Request for Information (RFI) and/or take necessary steps to
identify potential contractors (reference County Outreach Program), including
contacting other public agencies. If there are no parties interested in
providing services other than those with whom the County is already
contracting, the competitive bidding process may be waived as outlined in
Section 7 above.
2. Suggested Formal Competitive Recruitment Process
a. Develop a comprehensive description of the services being sought,
the location of work to be performed, the timeframe, and any
special licenses, qualifications, or other requirements.
b. Advertise the services being sought and instruct vendors as to
whom to notify if they can and are qualified to provide such
services. This step may be skipped if a diverse list of qualified
vendors is already available for the services being sought.
C. Revise the services description, if needed, and develop a
recruitment outline and schedule.
Revised February 16, 2007
Administrative Bulletin No. 611 Contracting with Community-Based Organizations
Page 5
d. Prepare a Request for Proposals (RFP) describing, as applicable,
the:
♦ Services to be provided by the contractor, including specific
tasks.
♦ Population to be served.
♦ Specific eligibility criteria for each category of service.
♦ Name and address of each facility at which service is to be
provided.
♦ Time each service is to be provided at every service location,
including hours of services, days of the week, and whether
services will be provided on weekends and/or holidays.
♦ Goals and objectives of each category of service, including
performance records and reports Contractor will be required to
maintain and/or submit.
♦ Definition of service unit for each category of services and the
number of service units Contractor will be required to deliver
during the period, e.g., one unit of service = one 8-hour day.
♦ State and/or federal statutes and regulations with which the
Contractor will be required to comply in performing each
category of service.
♦ Criteria against which proposals will be evaluated.
e. Issue a Request for Proposals (RFP) - Advertise the services being
sought and request vendors to submit by a specified deadline
(typically 3-6 weeks) a detailed proposal meeting all of the RFP
requirements, including a copy of the service provider's most recent
audit. Advertising may include newspaper, Internet, professional
journals, and mailings to vendors on a distribution list.
f. Mail a copy of the RFP to all vendors who request a mailed copy.
g. Conduct a Bidders' Conference, if warranted, shortly after the RFP
issuance to better describe the services required and to respond to
questions of potential contractors. Send a summary of questions
and answers emanating from the Bidders' Conference to all
vendors who were sent a copy of the RFP.
Revised February 16, 2007
Administrative Bulletin No. 611 Contracting with Community-Based Organizations
Page 6
h. Evaluate the proposals in accordance with the predefined
qualifications, eliminate proposers that are not qualified, and send
notification letters.
i. Determine selection method based upon number of qualified
applicants. Selection method may be an in-depth screening and
ranking of proposals, interview of proposers, or a combination of
both.
j. Convene an impartial selection panel including at least one
representative from the CBO community, and, in one or more
rounds, evaluate and rank proposals in accordance with predefined
criteria.
k. Conduct reference checks to verify past performance of finalists,
I. Select the preferred service provider and, for contracts in excess of
$250,000, request the County Auditor-Controller's office or another
qualified official to review the most recent audit of the finalist and
express an opinion as to the finalist's financial position /
management controls.
M. Finalize selection, send notification letters, and respond to appeals
as necessary.
2. Suggested Informal Competitive Recruitment Process
a. Take necessary steps to identify a diverse group of potential
contractors, including contacting other public agencies.
b. Conduct outreach to potential contractors by notifying those firms
by facsimile, telephone, email, web advertisement, or any other
practical and economically feasible method.
C. Evaluate and rank proposals, check references, and select
preferred vendor.
d. For contracts in excess of$250,000, request the County Auditor-
Controller's office or another qualified official to review the most
recent audit of the finalist and express an opinion as to the finalist's
financial position / management controls.
e. Notify all proposers.
Revised February 16, 2007
Administrative Bulletin No. 611 Contracting with Community-Based Organizations
Page 7
Orig. Dept: County Administrator
References: California Government Code section 26227
Board Order dated August 17, 1982 from the Internal Operations Committee
/s/
JOHN CULLEN,
County Administrator
Revised February 16, 2007
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