Guam § 41208 - Establishment of a Community Rehabilitation

§ 41208. Establishment of a Community Rehabilitation

Program.

The establishment of a community rehabilitation program

means the acquisition, expansion, remodeling or alteration of

existing buildings necessary to adapt them to community

rehabilitation program purposes or to increase their effectiveness

for such purposes, subject, however, to such limitations as the

Federal government, or the Administrator, may, by regulation,

prescribe in order to prevent impairment of the objectives of, or

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duplication of, other laws providing assistance in the construction

of such facilities for community rehabilitation programs and may

include additional equipment and staffing permitted by Federal law

or regulation.

(a) It is the purpose of this Chapter to extend the

opportunities for eligible individuals with disabilities for

employment through encouragement of local communities to

develop rehabilitation programs and to provide Guam with

information concerning their effectiveness in providing

employment and rehabilitation services to individuals with

disabilities.

(b) DVR may provide consultative services to

organizations in the establishment and operation of

community rehabilitation programs for individuals with

disabilities. These consultative service shall include the

bringing together of persons interested in the established

community rehabilitation programs, surveying community

needs, securing the cooperation of other community agencies,

planning methods of financing, securing work contracts,

establishing professional standards and maintaining of

appropriate records.

(c) DVR may contract with qualified persons or firms for

consultation in such technical fields as accounting,

engineering and sales so that the directors and governing

bodies of the community rehabilitation programs may be

advised as to the desirability of any undertaking, and the best

methods of achieving their objectives.

(d) It is the intent of DVR to encourage the local

government agencies and departments to purchase products

manufactured by and services provided by public or private

nonprofit Guam corporations operating workshops serving

persons with disabilities whenever it is feasible to do so, and

the proximity of the public or private nonprofit Guam

corporations operating workshops serving individuals with

disabilities makes the purchases reasonably convenient, and to

provide equality of competitive advantage for organizations

operating workshops for persons with disabilities and

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organizations operating workshops for individuals who are

blind.

(e) Only local government agencies or departments may,

without advertising or calling for bids, purchase materials and

supplies manufactured and services provided by public or

private nonprofit Guam 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 or department and are

purchased at a fair market price, as determined by General

Services Agency and provided that the public or private

nonprofit Guam corporations comply with all of the following

requirements:

(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.

(2) For purposes of this Paragraph, primarily means

seventy-five percent (75%) or greater.

(3) Agree to make those elections permitted of any

nonprofit corporation under the Federal Insurance

Contributions Act and the Guam Unemployment

Insurance Code in order to provide social security and

unemployment and disability benefits for its employees

commencing with its first contract or purchase order

under this Section and continuing thereafter. In the event

that the nonprofit corporation ceases to provide those

benefits, any existing contract or purchase order under

this Section with the corporation is terminated, and no

further contracts or purchase orders shall be awarded to

that corporation for the period of two (2) years after the

corporation ceases to provide benefits. For the purpose of

this Subdivision, a person with a disability shall be

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considered an employee when performing productive

work.

(4) Provide in its articles of incorporation that at

least two (2) of the directors of its board of directors shall

be comprised of persons with disabilities or the parents,

guardians or conservators of persons with disabilities.

Directors who are also employees of the nonprofit

corporation shall not participate in, or be present at

discussions of, the board of directors concerned with

labor-management contract negotiations.

(5) Provide for employees with disabilities of the

nonprofit corporation benefits and other employer-

employee agreements substantially equal to those

benefits and agreements entered into between each

nonprofit corporation and the representatives designated

by a majority of the employees.

(6) Not commit any unfair labor practices as defined

in Section 8(a) of the National Labor Relations Act.

(7) Abide 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

government of Guam Department of Labor.