To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Amendment No. 3 with VistAbility d/b/a 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 d/b/a Commercial Support Services, effective November 4, 2025, to increase the payment limit by $110,000 to a new payment limit of $360,000, for janitorial services at various County libraries, with no change to the term, throughout the Rodeo, Crockett, Kensington, El Sobrante, and Pinole areas.
FISCAL IMPACT:
Custodial Services Budget. (100% General Fund)
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 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 under this contract includes custodial work. Facilities Services has several remote building sites which the Board of Supervisors has approved to receive sublet custodial services. Facilities and Custodial Services have hired VistAbility d/b/a Commercial Support Services to provide minor custodial services to these buildings.
The Public Works Department originally awarded a three (3) year contract with the term April 1, 2021 through March 31, 2024. The total contract amount awarded was $150,000. Amendment No. 1, effective March 31, 2024, added an additional $50,000 to the payment limit, extended the term an additional two years through March 31, 2026, and updated the rate sheet. Amendment No. 2, effective April 1, 2025, increased the payment limit by $50,000 to a new payment limit of $250,000 and increased the rates according to the terms of the contract.
Custodial Services is requesting Amendment No. 3 to be approved, increasing the payment limit by $110,000 to a new payment limit of $360,000.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract amendment is not approved, West County Janitorial Services with VistAbility d/b/a Commercial Support Services will be discontinued due to lack of available funds, and future custodial services may not be completed timely.