To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Amendment No. 1 with VistAbility (dba Commercial Support Services), a California Nonprofit Corporation, Countywide.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Contract Amendment with VistAbility (dba Commercial Support Services), effective March 31, 2024, to increase the rates and to extend the term from March 31, 2024 to March 31, 2026, with no change to the payment limit of $280,000, for on-call car wash and janitorial services at various County sites and facilities, Countywide.
FISCAL IMPACT:
Custodial Services and Fleet Services Budget. (No fiscal impact)
BACKGROUND:
California Welfare and Institute Code section 19404 (“Section 19404”) gives the County the authority to purchase services from non-profit organizations who operate community rehabilitation programs and meet the criteria of Section 19404 without advertising or calling for bids, provided that the services meet the specification and needs of the County and are purchased at a fair market price, as determined by the County.
VistAbility is a California 501(c)(3) non-profit organization, doing business as Commercial Support Services. VistAbility meets the requirements of Section 19404 in that: (1) the work to be performed under the contract will primarily (at least 75% of it) be performed by a labor force comprised of persons with disabilities; (2) VistAbility makes elections under the Federal Insurance Contributions Act to provide social security and unemployment benefits to its employees; (3) maintains Articles of Incorporation requiring that at least two directors on its Board of Directors are persons with disabilities or the parents, guardians, or conservators of persons with disabilities; and (4) provides disabled employees substantially equal benefits that are provided to VistAbility’s organized employees.
VistAbility has a client in training/contractor relationship with its workers and provides sick time and vacation. VistAbility does not commit unfair labor practices and abides by the provisions of the Federal Fair Labor Standards Act, the Walsh-Healy Public Contract Act, the Wagner O’Day Act, and the regulations of the State Division of Industrial Welfare. Work performed by VistAbility includes car washing and minor custodial work. Fleet Management has hired Commercial Support Services to deliver several car washers with supervision to the Waterbird Service Center daily to conduct county vehicle washing. Vehicles coming in for repair are chosen for washing first, so customers pick up a clean, well-running car. Facilities Services has several remote building sites which the Board of Supervisors has approved to receive sublet custodial services. Two of these sites are the Antioch and Walnut Creek libraries. Facilities Services has hired Commercial Support Services to provide minor custodial services to these buildings.
Amendment No. 1 with VistAbility (dba Commercial Support Services) is being requested for approval by the Public Works Department, which will increase the rates according to the San Francisco- Oakland- Hayward, CA Consumer Price Index and extend the term from March 31, 2024 to March 31, 2026 for on-call car wash and janitorial services.
CONSEQUENCE OF NEGATIVE ACTION:
Without the approval of this Contract Amendment No. 1, car wash and janitorial services with VistAbility (dba Commercial Support Services) will discontinue, and future projects will not be completed.