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Health and Human Services Agency recommending the Board, acting as the Governing Board of the In-Home Supportive Services Public Authority (IHSS PA), approve and authorize the Chair to sign Agreement for Services 538-S1710 with Industrial Employers and Distributors Association, for the provision of wage and health benefits negotiation assistance between the IHSS PA and the United Domestic Workers of America, to be effective upon final execution for a term of one (1) year, with a maximum contractual obligation of $24,000.
FUNDING: State and Federal Funding.
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DEPARTMENT RECOMMENDATION:
Health and Human Services Agency (HHSA) recommending the Board approve and authorize Agreement for Services 538-S1710 with the Industrial Employers and Distributors Association (IEDA) to provide assistance with wage and health benefits negotiations between the In-Home Supportive Services Public Authority (IHSS PA) and the United Domestic Workers of America which represents the IHSS workers.
Additionally, HHSA has determined that services provided pursuant to this Agreement 538-S1710 satisfy the criteria defined in Chapter 3.13, Section 3.13.030 of the County Ordinance in that the work performed under this Agreement requires special skills and qualifications involved in the performance of the work and a contract is necessary to protect against a conflict of interest.
DISCUSSION / BACKGROUND:
Each county in California is required to operate an IHSS program to provide personal care and domestic services to aged, blind or disabled individuals in their own homes. The purpose of the program is to allow individuals who are recipients of these services to live safely at home rather than in costly and less desirable out-of-home placement facilities. The IHSS PA is responsible for maintaining caregiver registries, providing IHSS consumers with caregiver referrals, providing for consumer and caregiver training, and processing payments to IHSS workers on behalf of the consumer. The Board of Supervisors also acts as the Governing Board of the El Dorado County IHSS PA and has designated HHSA to administer this program on behalf of the County.
While the individual (consumer) receiving IHSS care is the employer of their IHSS worker with regard to selecting, hiring, setting the work schedule, and disciplinary actions, etc., the County has been designated as the employer of record for IHSS workers for the sole purpose of setting salaries and benefits in El Dorado County, and the County performs this function through the El Dorado County IHSS PA.
In March of 2003, United Domestic Workers of America (UDWA) successfully established itself as the bargaining unit for caregiver providers in El Dorado County. IEDA provides the expertise to meet and confer in good faith with the UWDA for and on behalf of the IHSS PA as the designated representative of the Governing Board. IEDA assisted the El Dorado County IHSS PA in establishing the first Memorandum of Understanding (MOU) between the IHSS PA and UWDA in 2003.
ALTERNATIVES:
Disapproval of Agreement for Services 538-S1710 will result in difficulty in successfully negotiating with UDWA and establishing a new MOU between IHSS PA and the IHSS workers.
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel, Human Resources and Risk Management.
CAO RECOMMENDATION:
It is recommended that the Board approve this item.
FINANCIAL IMPACT:
There is no Net County Cost associated with this Agenda item. Sufficient appropriations were included in the fiscal year 2016/17 budget, and will be included in future budgets for the term of the Agreement.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to obtain signature of Chair on two (2) original Agreements for Services 538-S1710.
2) Clerk of the Board to return one (1) fully executed Agreement to the HHSA Contracts Unit at 3057 Briw Road.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Patricia Charles-Heathers, Ph.D., Director