Item 3: Discuss and Approve Non-Unanimous IGR Positions

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2. Bill Element: Prohibits public agency from awarding to a contractor who's wage rates are lower than the public agency. Requires contractor to hire public employees displaced by the contract. 2. Comment: The prohibition from awarding to a contractor simply because it's wage rates are lower than the public agency is a disservice to the public because it doesn't allow the public agency to manage the public's resources for the benefit of the public. Also, if the contractor has a satisfactory or good record of performance, not awarding a contract to that contractor is also a disservice to the public, because it will cause a delay to the project to either extend the solicitation process or start a new one to seek out another contractor. Requiring the contractor to hire displaced workers seems like an ok thing to do, but it certainly doesn't guarantee long term employment to the worker, so it seems like a token gesture at best. 3. Bill Element: Requires agency to add requirements to contract related to union signups. 3. Comment: It is inappropriate for a public agency to take actions that either favor or create disincentives for unions. Adding this type of language to contracts has the effect of creating an atmosphere favoring unions and is inapropriate. 4. Bill Element: Requires contractor's workers to be prequalified. 4. Comment: May sounds like it makes sense, but appears to be just another obstacle introduced by the bill to make contracting for public agencies more difficult, and interfers with apprenticeship requirements that are required in federal projects. The bottom line is that contractors don't continue to employ people who can't do the work, because it costs the contractor money. Another negative element of this requirement is that it would require extensive amounts of public agency staff time to verify worker qualifications. 5. Bill Element: Requires contract provisions that minimize potential for contractor rate increases. 5. Comment: This is an unnecessary element of the law. One of the primary purposes of a contract is to lock in prices. 6. Bill Element: Prohibits public agencies from contracting with individuals--contract must be with a "firm". 6. Comment: Not sure what the rationale behind this element is, but this is a very bad part of the bill. There are many single individuals out there providing specialized services to public agencies such as cost analysis, efficiency studies, environmental studies, mediation and arbitration, etc. etc. Public agencies should not be limited to just hiring "firms" to perform work it needs done. 7. Bill Element. Lays out a limited set of conditions whereby public agencies are allowed to contract for work which are: - new agency "functions" for which state of federal law requires the work be contracted; - public policy, administrative or legal goals and purposes can't be accomplished by a public employee, such as an expert witness for litigation; - where the only other way to accomplish the work would be to hire a public employee using emergency appointment procedures; - a contractor can provide equipment, materials, facilities or support services to a specific location that can't be provided by the agency; - the work is of such a temporary or infrequent nature that hiring an employee would "frustrate the purpose of the work". 7. Comment: These limitations unneccessarily and could dramatically reduce public agency's ability to contract for work, and would be a significant reduction in local decision-making authority with respect to contracting. 8. Bill Element. The bill also provides a method for employees displaced by a contract to arbitrate the decision to contract with the public agency. The public agency always will pay for the cost of the arbitration. 8. Comment: In order to protect against frivolous claims, the wording should be changed to require the loser of the arbitration to pay all the costs. 52