Federal funds appropriated under Title I of the Rehabilitation Act, as amended, except funds to carry out Sections 112 and 130 of the Act, may be used to compensate and reimburse the expenses of the RAC members in accordance with Section 105(g) of the Rehabilitation Act, as amended. The RAC shall serve with compensation and shall be reimbursed for reasonable expenses, including travel expenses, necessary for the performance of their duties.

§ 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
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

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

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.