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Senate Bill 863
Adult Local Criminal Justice
Facilities Construction
August 28, 2015
CONTRA COSTA COUNTY
SHERIFF’S 2)),&(
OFFICE OF THE SHERIFF
PROPOSAL
IN RESPONSE TO
REQUEST FOR PROPOSALS
68%0,77('JUNE 10, 2015
Contra Costa County Sheriff’s 2IILFH
651 Pine Street #7
Martinez, CA 94553
(925) 335-1500
SENATE BILL 863, ADULT LOCAL
CRIMINAL JUSTICE FACILITIES
CONSTRUCTION FINANCING PROGRAM
PROPOSAL FORM
This document is not to be reformatted.
Senate Bill 863 Proposal)RUP 1
SECTION 1: PROJECT INFORMATION
A. APPLICANT INFORMATION AND PROPOSAL TYPE
COUNTY NAME STATE FINANCING REQUESTED
$
SMALL COUNTY
(200,000 and UNDER GENERAL COUNTY
POPULATION)
MEDIUM COUNTY
(200,001 - 700,000 GENERAL COUNTY
POPULATION)
LARGE COUNTY
(700,001 + GENERAL COUNTY
POPULATION)
TYPE OF PROPOSAL – INDIVIDUAL COUNTY FACILITY /REGIONAL FACILITY
PLEASE CHECK ONE (ONLY):
INDIVIDUAL COUNTY FACILITY REGIONAL FACILITY
B: BRIEF PROJECT DESCRIPTION
FACILITY NAME
STREET ADDRESS
CITY STATE ZIP CODE
C. SCOPE OF WORK – INDICATE FACILITY TYPE AND CHECK ALL BOXES THAT APPLY.
FACILITY TYPE (II, III or IV) NEW STAND-ALONE
FACILITY
RENOVATION/
REMODELING
CONSTRUCTING BEDS
OR OTHER SPACE AT
EXISTING FACILITY
D. BEDS CONSTRUCTED – Provide the number of BSCC-rated beds and non-rated special use beds that will be subject to
construction as a result of the project, whether remodel/renovation or new construction.
A. MINIMUM SECURITY
BEDS
B. MEDIUM SECURITY
BEDS
C. MAXIMUM SECURITY
BEDS D. SPECIAL USE BEDS
Number of
beds
constructed
TOTAL
BEDS
(A+B+C+D)
PROJECT DESCRIPTION 7KHIDFLOLW\LVFRPSULVHGRI0D[LPXP6HFXULW\%HGVLQ%HG+RXVLQJ8QLWVD%HG6SHFLDO6HUYLFHV8QLW
668 D%HG,QWHQVLYH6HUYLFHV8QLW ,68 DQGLQFOXGLQJD VTXDUHIRRW5HHQWU\6HUYLFH&RPSOH[WRFRQWDLQ D5HKDELOLWDWLRQDQG5H
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Contra Costa 80,000,000
■
West County Reentry Treatment and Housing Facility (WRTH)
5555 Giant Highway
Richmond California 94806
320 96
416
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Senate Bill 863 Proposal,QVWUXFWLRQV 8//2015
SECTION 2: BUDGET SUMMARY
Budget Summary Instructions
Definitions of total project costs for purposes of this program (state reimbursed, county cash
contribution, and county in-kind contribution) can be found in the “Budget Considerations”
page 22 of the Senate Bill (SB) 863, Construction of Adult Local Criminal Justice Facilities
(ALCJF’s) Request for Proposals (RFP). The county cash and in-kind contributions are
collectively the county contribution. Those defined costs in the RFP shall be the guide for
accurately completing this budget summary section.
In the Budget Summary Table that follows in part D of this section, indicate the amount of
state financing requested and the amount of cash and/or in-kind contributions allotted to each
budget line-item, in total defining the total project costs. It is necessary to fully include each
eligible project cost for state-reimbursed, county cash, and county in-kind contribution
amounts.
The in-kind contribution line items represent only county staff salaries and benefits, needs
assessment costs, transition planning costs and/or current fair market value of land. An
appraisal of land value will only be required after conditional award and only if land value is
included as part of the county’s contribution.
The total amount of state financing requested cannot exceed 90 percent of the total project
costs. The county contribution must be a minimum of 10 percent of the total project costs
(unless the applicant is a small county petitioning for a reduction in the county contribution
amount). County contributions can be any combination of cash or in-kind project costs. Small
counties requesting a reduction in county contribution must state so in part A of this section.
The County contribution must include all costs directly related to the project necessary to
complete the design and construction of the proposed project, except for those eligible costs
for which state reimbursement is being requested.
State financing limits (maximums) for all county proposals are as follows. For proposed
regional ALCJF’s, the size of the lead county determines the maximum amount of funds to be
requested for the entire project:
x $80,000,000 for large counties;
x $40,000,000 for medium counties; and,
x $20,000,000 for small counties.
Senate Bill 863Proposal,QVWUXFWLRQV 8//2015
A. Under 200,000 Population County Petition for Reduction in Contribution
Counties with a population below 200,000 may petition the Board of State and
Community Corrections (BSCC) for a reduction in its county contribution. This
proposal document will serve as the petition and the BSCC Board’s acceptance of the
county’s contribution reduction, provided the county abides by all terms and conditions
of this SB 863 RFP and Proposal process and receives a conditional award. The
county (below 200,000 population) may request to reduce the required match to an
amount not less than the total non-state reimbursable projects cost as defined in Title
15, Division 1, Chapter 1, Subchapter 6, Construction Financing Program section
1712.3. If requesting a reduction in match contribution, check the box below to indicate
the county’s petition.
By checking this box the county hereby petitions for a contribution
reduction request as reflected in the proposal budget.
B. Readiness to Proceed Preference
In order to attest that the county is seeking the readiness to proceed with the proposed
project, the county included a Board of Supervisors’ resolution doing the following:
1) identifying and authorizing an adequate amount of available matching funds to
satisfy the counties’ contribution, 2) approving the forms of the project documents
deemed necessary, as identified by the board to the BSCC, to effectuate the financing
authorized in SB 863 3) and authorizing the appropriate signatory or signatories to
execute those documents at the appropriate times. The identified matching funds in
the resolution shall be compatible with the state’s lease revenue bond financing.
Additionally see Section 6 “Board of Supervisors’ Resolution” for further instructions.
;This proposal includes a Board of Supervisors’ Resolution that is attached
and includes language that assures funding is available and compatible with
state’s lease revenue bond financing. See below for the description of
compatible funds.
County Cash Contribution Funds Are Legal and Authorized. The payment of the
county cash contribution funds for the proposed adult local criminal justice facility
project (i) is within the power, legal right, and authority of the County; (ii) is legal and
will not conflict with or constitute on the part of the County a material violation of, a
material breach of, a material default under, or result in the creation or imposition of
any lien, charge, restriction, or encumbrance upon any property of the County under
the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust,
pledge, note, lease, loan, installment sale agreement, contract, or other material
agreement or instrument to which the County is a party or by which the County or its
properties or funds are otherwise subject or bound, decree, or demand of any court
or governmental agency or body having jurisdiction over the County or any of its
activities, properties or funds; and (iii) have been duly authorized by all necessary
and appropriate action on the part of the governing body of the County.
No Prior Pledge. The county cash contribution funds and the Project are not and
will not be mortgaged, pledged, or hypothecated by the County in any manner or for
any purpose and have not been and will not be the subject of a grant of a security
interest by the County. In addition, the county cash contribution funds and the
Senate Bill 863Proposal,QVWUXFWLRQV 8//2015
Project are not and will not be mortgaged, pledged, or hypothecated for the benefit
of the County or its creditors in any manner or for any purpose and have not been
and will not be the subject of a grant of a security interest in favor of the County or
its creditors. The County shall not in any manner impair, impede or challenge the
security, rights and benefits of the owners of any lease-revenue bonds sold by the
State Public Works Board for the Project (the “Bonds”) or the trustee for the Bonds.
Authorization to Proceed with the Project. The Project proposed in the County’s
SB 863 Financing Program proposal is authorized to proceed in its entirety when
and if state financing is awarded for the Project within the SB 863 Financing
Program.
C. California Environmental Quality Act (CEQA) compliance
Has the county completed the CEQA compliance for the project site?
;Yes. If so, include documentation evidencing the completion
(preference points).
No. If no, describe the status of the CEQA certification.
Senate Bill 863, Proposal,QVWUXFWLRQV 8//2015
D. Budget Summary Table (Report to Nearest $1,000)
LINE ITEM STATE
REIMBURSED
CASH
CONTRIBUTION
IN-KIND
CONTRIBUTION TOTAL
1. Construction $65,475,000 $ 6,060,000 $71,535,000
2. Additional Eligible Costs*$4,107,000 $170,000 $4,277,000
3. Architectural $6,965,000 $212,000 $7,177,000
4. Project/Construction
Management $3,437,000 $310,000 $3,747,000
5. CEQA $0 $150,000 $150,000
6. State Agency Fees**$16,000 $54,000 $70,000
7. Audit $50,000 $0 $50,000
8. Needs Assessment $55,000 $20,000 $75,000
9. Transition Planning $200,000 $900,000 $1,100,000
10. County Administration $1,570,000 $1,570,000
11. Land Value $680,000 $680,000
TOTAL PROJECT COSTS $80,000,000 $7,261,000 $3,170,000 $90,431,000
PERCENT OF TOTAL 88.5% 8.0% 3.5% 100.00 %
* Additional Eligible Costs: This line item is limited to specified fees and moveable equipment
and moveable furnishings (eligible for state reimbursement or cash contribution), and public art
(eligible for cash contribution only)
** For State Agency Fees: State reimbursable costs include Real Estate Due Diligence only.
State Fire Marshal fees may only be claimed as cash match.
Provide an explanation below of how the dollar figures were determined for each of the
budget categories above that contain dollar amounts. Every cash contribution (match) line
item shall be included with a reporting of the full amount budgeted unless a line item is not an
actual cash contribution project cost for the county. (In that case, indicate so below.) For each
budget category explanation below, include how state financing and the county contribution
dollar amounts have been determined and calculated (be specific).
1. Construction (includes fixed equipment and furnishings) (state
reimbursement/cash match): The Construction amount shown is the sum of the basic
construction cost, and a small demolition budget of $50,000 for existing hardscape.
The basic construction cost of $66,622,000 was estimated by a certified construction
cost estimator using the detailed space program and concept design level space
analysis developed by planners and architects for square footages, and providing
specific unit costs for each space type. The rates include $275 per square foot for
program and office space to $475 per square foot for housing. See the JNA submitted
with this application for space program. The unit rates include fixed equipment and
furnishings. Site work is included. An existing soils report shows un-engineered fill
Senate Bill 863Proposal,QVWUXFWLRQV 8//2015
material at the site will have to be removed and borrow hauled in, and overex of native
soils is assumed to 3 feet. A budget of $200,000 for any minor off site work is included.
The direct costs were marked up for GCs, profit, insurance and bonds. A 7%
construction contingency was used, which is considered a bit conservative for a project
this size of less complexity than typical full-service jails. The resulting cost was then
escalated to construction midpoint using 0.42% per month. The total square footage of
the planned building construction is 126,425. This, divided into the basic construction
cost, yields an escalated, average, unit cost of $527 per square foot. Of the basic
construction cost, the County seeks $65,475,000 from the state and plans to pay
$5,860,000 as part of its Cash Match.
2. Additional Eligible Costs (specified allowable fees, moveable equipment and
furnishings, and public art)
a)Define each allowable fee types and the cost of each: Included in this
category is state reimbursement for permitting, county telephone and data
costs, and moveable equipment and furnishings. The permit was estimated by
costing-out plan check being performed by a consulting firm and an average of
1.5 full time inspectors hired as independent contractors during construction.
The permit amount of $400 was calculated using $70,000 per salary and 50%
markup, and $75,000 for plan check. Telephone and data is estimated from
county experience to be 1% of construction cost to pull cable and provide and
install equipment. The installed conduit is in the construction cost. Included as
cash match is $100,000 for any unexpected archeological or traffic studies and
monitoring that might be required, and $70,000 for monitoring of CEQA
mitigation requirements during construction.
b)Moveable equipment and moveable furnishings total amount:Moveable
furnishings were budgeted at 4.2% based on an average of recent jail projects
completed at other counties.
c) Public art total amount: None included
3. Architectural(state reimbursement/cash match):
a) Describe the county’s current stage in the architectural process:The
County has selected through RFQ and awarded a full-project PSA to KMD
Architects, who have completed the space and functional programs, preliminary
architectural program, the concept design, and the concept level cost estimate.
b) Given the approval requirements of the State Public Works Board (SPWB)
and associated state reimbursement parameters (see “State Lease
Revenue Bond Financing” section in the RFP), define which
portions/phases of the architectural services the county intends to seek
state dollar reimbursement: The County seeks no reimbursement for planning
and design work for construction that is off site. It seeks no reimbursement or
cash match for the architect’s travel costs or for work prior to June 20, 2014.
Minor costs for programming and design work prior to project establishment is
included. After establishment, state reimbursement of eligible architectural costs
for design, construction documents, and assistance through bidding and
construction is included. This work includes commissioning, beginning in design
phase and continuing through construction, and will most likely be performed by
a specialized firm, but could be performed by the architect.
Senate Bill 863Proposal,QVWUXFWLRQV 8//2015
c) Define the budgeted amount for what is described in b) above:The State
reimbursement sought for architectural work reflects a fee of $6.35 million, or
9.6% for the architect, (fee for off site design not included). It also includes a
design contingency of 5% of the fee, or $317,500, and additional programming if
needed for $150,000, commissioning for $137,500 ($1.10/SF), topo survey for
$10,000 and soils investigation and report for $100,000.
d) Define which portion/phases of the architectural services the county
intends to cover with county contribution dollars:The county will use its
cash to cover cost for programming prior to establishment, design prior to
establishment, and design work off site. It will use no match money for travel
costs or printing. Travel is under over match funds.
e) Define the budgeted amount for what is described in d) above: Cash match
of $100,000 is used for programming prior to establishment, $100,000 for design
prior to establishment, and $12,000 for design work off site. Over match for
ineligible travel costs included for the architect amounts to $65,000.
4. Project/Construction Management - Describe which portions/phases of the
construction management services the county intends to claim as:
a) Cash: An amount of $200,000 is included as cash match portion of a larger
budget for a Project Manager/Project Expert consultant specializing in jail
projects funded by state lease-revenue financing. Also, $110,000 is budgeted
for the same consultant for work prior to project establishment.
b) In-Kind none
For the state reimbursement, the fee used for a Construction Management firm
(CM) is 3% of the construction cost, or $2,145,000. It also includes 1% of
construction cost, or $715,000 for materials tests and specialty inspections
which the CM will manage. Another 0.95% is budgeted for a Project
Manager/Project Expert firm described in 4.a above, or $677,000, $200,000 of
which is already covered in county cash match as shown in 4.a above. After
project establishment, this position will perform some of the work a county staff
person would have otherwise had to do as part of the project management.
Such work is subordinate to the authority of the county construction
administrator.
5. CEQA – may be state reimbursement (consultant or contractor) or cash match
An amount of $150,000 has been spent for the FEIR for an environmental firm to
complete CEQA documentation.
6. State Agency Fees – Counties should consider approximate costs for the SFM
review which may be county cash contribution (match). $16,000 for the due
diligence costs which may be county cash contribution (match) or state
reimbursement. Real Estate Due Diligence fee for state reimbursement is $16,000.
SFM Estimated to be 200 hours at $270 per hour, or $54,000.
7. Audit of Grant - Define whether the county is intending to use independent
county auditor (in-kind) or services of contracted auditor (cash) and amount
budgeted: The County intends to hire an outside firm to perform the BSCC-required
auditing, estimated to be $50,000. This is included under cash match.
8. Needs Assessment - Define work performed by county staff (in-kind), define
hired contracted staff services specifically for the development of the needs
Senate Bill 863Proposal,QVWUXFWLRQ 8//2015
assessment (cash match):The needs assessment has been completed and $55,000
for a consultant is shown under cash match, and $5,000 for consultant travel under
ineligible over match. The consultant interviewed county staff, collected data, toured
facilities and prepared the report. $20,000 is covered under in-kind match for county
Sheriff staff who assisted the consultant in collecting needed data and visiting facilities.
9.
10.
Transition Planning – Define work performed by county staff (in-kind), define the
staff hired specifically for the proposed project (cash match): Transition planning
will largely be performed by Sheriff staff. The portion of staff time over the life of the
project and directly attributable to the design, construction and completion of the
facility, is estimated to be $900,000 for in-kind match. This was determined using
actual Sheriff staff rates and considers time beginning with design phase. A Jail
Operations consultant will assist County in that effort, and is estimated to cost
$200,000 based on prior, similar experience. This is covered under cash match.
County Administration – Define the county staff salaries/benefits directly
associated with the proposed project. County Administration over the life of the
project, after project establishment, is estimated to be $1,570,000 (2.2% of
construction cost). As a percentage of construction cost this may seem low, but the
work of the Project Expert compensates and provides overall added value. The County
anticipates using a variety of staff from its Capital Projects Management Division, to
include the designated Construction Administrator, a deputy project manager, a senior
subject expert, more junior staff during construction, admin staff for project
coordination, as well as accounting and IT staff. Most of these staff members are
current ISF-type employees who will be assigned specifically to the project upon
county’s receipt of a conditional award from the state. The division’s template for staff
planning of projects, which considers the number of hours needed for each staff
member, for each phase of the project, was used to arrive at the total hours needed for
each staff member for the project. The division uses standard billing rates charged to
other departments for project work, which consists of actual salaries times an Auditor-
Controller established mark-up for benefits and other costs on salary. These rates were
applied to arrive at the total cost for County Administration.
11. Site Acquisition - Describe the cost or current fair market value (in-kind): An
independent real property appraiser was hired, and has appraised the value of the land
to be $680,000 for the 2.0 acre building footprint and 15’ buffer around it.
Senate Bill 863Proposal,QVWUXFWLRQV 8//2015
SECTION 3: PROJECT TIMETABLE
Prior to completing this timetable, the county must consult with all appropriate county staff
(e.g., county counsel, general services, public works, county administrator) to ensure that
dates are achievable. Please consult the “State Public Works Board (State Capital Outlay
Process)/Board of State and Community Corrections Processes and Requirements” section,
page 30 of the RFP for further information. Complete the table below indicating start and
completion dates for each key event, including comments if desired. Note the required time
frames for specific milestone activities in this process. The BSCC Board intends to make
conditional awards at its November 2015 board meeting.
KEY EVENTS START
DATES
COMPLETION
DATES COMMENTS
Site assurance/comparable
long-term possession within 90 days
of award
11/12/15 2/10/16
Anticipate providing on
August 28, 2015
Real estate due diligence package
submitted within 120 days of award
11/12/15 2/10/16
Anticipate providing on
August 28, 2015
SPWB meeting – Project
established within 18 months of
award
11/12/15 5/10/16
Schematic Design with Operational
Program Statement within 24
months of award (design-bid-build
projects)
2/5/16 10/13/16
Performance criteria with
Operational Program Statement
within 30 months of award (design-
build projects)
NA Using DBB
Design Development (preliminary
drawings) with Staffing Plan 8/18/16 4/4/17
Staffing/Operating Cost Analysis
approved by the Board of
Supervisors
2/19/17 2/19/17
Construction Documents (working
drawings)4/4/17 1/5/18
Construction Bids or Design-Build
Solicitation 1/3/18 3/13/18
Notice to Proceed within 42 months
of award 5/3/18 6/2/18
Construction (maximum three years
to complete)6/2/18 1/23/20
Staffing/Occupancy within 90 days
of completion 3/13/20 3/13/20
Senate Bill 863, Proposal Instructions 7 6/10/2015
SECTION 4: FACT SHEET
To capture key information from Section 5: Narrative, applicants must complete this Fact
Sheet. Minimal information is requested. Narrative information or explanations are not to be
included on this Fact Sheet nor as part of the tables in this section. Explanations of what is
provided in these tables may be included in the Narrative section of the Proposal Form.
Proposal narratives may include reference back to one or more of these specific tables (e.g.,
refer to Table 4 in Section 4 Fact Sheet).
Table 1: Provide the following information
1. County general population
2. Number of detention facilities
3. BSCC-rated capacity of jail system (multiple facilities)
4. ADP (Secure Detention) of system
5. ADP (Alternatives to Detention) of system
6. Percentage felony inmates of system
7. Percentage non-sentenced inmates of system
8. Arrests per month
9. Bookings per month of system
10. “Lack of Space” releases per month
Table 2: Provide the name, BSCC-rated capacity (RC) and ADP of the adult detention
facilities (type II, III, and IV) in your jurisdiction (county)
Facility Name RC ADP
1.
2.
3.
4.
5.
6.
7.
8.
1,096,637
3
1,979
1,570
661
62.6%
65.0%
2,240.0
2,058.0
87.0
Martinez Detention Facility - Type II 695 666
West County Detention Facility - Type II 1,096 823
Marsh Creek Detention Facility - Type III 188 74
Senate Bill 863Proposal,QVWUXFWLRQV
Table 3: List the current offender programming in place and the ADP in each program
Pre-Trial Program ADP
1.
2.
3.
4.
5.
6.
SentenceG Offender Program ADP
1.
2.
3.
4.
5.
6.
Table 4: List of the offender assessments used for determining programming
Assessment tools Assessments per Month
1.
2.
3.
4.
5.
6.
MDF - Education 26
MDF - Faith Services 35
MDF - Library Cart 38
WCDF - Education/Behavioral 290
WCDF - Faith Services 52
WCDF - Library Program 77
WCDF - Education/Vocational 275
WCDF/MCDF DUECE - Substance abuse program 45
WCDF/MCDF/MDF - Faith Services 93
WCDF/MCDF/MDF - Library Program 158
MDF/MCDF - Education 112
AB 109 Reentry Programs 32
Comprehensive Adult Student Assessment System (CASAS)150
Correctional Assessment and Intervention System (CAIS)13
Safety Classification System Everyone
SECTION 5: NARRATIVE
1. STATEMENT OF NEED 1
A. SUMMARY AND EVIDENCE OF NEED 1
B. CONSTRUCTION PROPOSED TO MEET THESE NEEDS 2
C. APPROACH AND NEED FOR PROGRAM SPACE CONSISTENT WITH LEGISLATIVE INTENT 3
D. SAFETY, EFFICIENCY, AND PROGRAMMING NEEDS ADDRESSED BY THIS PROPOSAL 3
E. PREVIOUS FINANCING THROUGH AB 900 OR SB 1022 5
2. SCOPE OF WORK 5
A. FACILITIES TO BE REPLACED AND NATURE OF RENOVATION 5
B. SUITABILITY OF THE PROPOSED FACILITY FOR GENERAL OPERATIONAL REQUIREMENTS 7
C. FEASIBLY MEETING THE NEEDS TO REPLACE OUTDATED AND UNSAFE HOUSING 7
D. FEASIBLY MEETING NEEDS FOR PROGRAMMING AND TREATMENT SPACE 8
3. PROGRAMMING AND SERVICES 9
A. CURRENT PROGRAMS AND SERVICES 9
B. PROGRAMMATIC IMPACT OF INADEQUATE SPACE 10
C. FOUNDATIONAL APPROACH: “TRANSITION FROM JAIL TO COMMUNITY” 11
D. LINES OF AUTHORITY TO ACHIEVE OPERATIONAL OBJECTIVES 12
E. PROPOSED PROGRAMMING AND “RISK-NEED-RESPONSIVITY” APPROACH 12
F. CLIENT ASSESSMENT AND SERVICE PLANS 14
G.PROGRAM STRUCTURE 14
H. PROGRAM TRACKS & ELIGIBILITY CRITERIA 15
I. BEHAVIORAL HEALTH PREMISES, MODALITIES, AND SERVICES 16
J. TRANSITION AND RESOURCE DEVELOPMENT SERVICES 20
K. WORKFORCE READINESS SERVICES 21
L. STAFFING CHANGES REQUIRED TO PROVIDE SERVICES 22
M. OBJECTIVES OF THE FACILITIES AND SERVICES 23
N. DOCUMENTED PRETRIAL INMATE PERCENTAGES 24
O.DESCRIPTION OF RISK ASSESSMENT-BASED PRETRIAL RELEASE PROCESSES 25
4. ADMINISTRATIVE WORK PLAN 26
A. STEPS TO COMPLETE THE PROJECT 26
B. PROJECT SCHEDULE 27
C. PLAN FOR PROJECT MANAGEMENT 28
5. BUDGET NARRATIVE 33
A. TOTAL PROJECT COST AND MATCHING FUNDS 33
B. OPERATING COSTS AND TYPES OF FUNDING 33
C. ALLOCATION OF EFFORT AND ALIGNMENT OF BUDGET AND OPERATIONAL DETAILS 34
D. EFFICIENT USE OF STATE RESOURCES 34
6. READINESS TO PROCEED 35
SB 863 Proposal, page 1
1. STATEMENT OF NEED
a. Summary and Evidence of Need
1
Contra Costa County proposes to mitigate pressing custodial deficiencies in its
Martinez Detention Facility (MDF) by constructing a 126,425 square foot West County
Reentry, Treatment, and Housing Facility (WRTH), which will provide 416 high-security
beds and establish a dedicated, 19,274 sf Reentry Services Complex to serve all people
incarcerated at its 47-acre West County Detention Facility (WCDF).2 MDF was designed
in 1978 as a direct-supervision facility housing 384 people in single-occupancy cells in
48-person housing units, allotting only 53 high-security beds in an otherwise medium-
security facility. However, since its opening MDF has come to serve as the County’s
only high-security facility, with an average daily population of 650 people (ranging
sometimes to over 1,100) in double-bunked cells within 96-bed housing units, violating
the single-bed and maximum rated capacity assumptions embedded the facility’s direct-
supervision design. This persistent overuse and crowding of the facility has expedited
its deterioration and presents serious safety concerns for all.
3 Furthermore, because
MDF lacks adequate administrative and clinical space necessary to provide mental
health supervision and clinical management at other facilities, all mentally ill men (and
some mentally ill women) incarcerated in the County detention system are housed at
MDF, regardless of their security classification. Thus, in addition to serving as the
County’s de facto high-security facility, MDF also serves as its de facto mental health
1 Cite JNA
2 In addition to MDF and WCDF, Contra Costa also operates a much smaller facility, Marsh Creek Detention Facility
(MCDF), in the rural eastern reaches of the County, which has a maximum capacity of 188 and limited facilities to
support additional operations. This proposal focuses its efforts on the two much larger urban facilities that house
more than 90% of the jail system’s population. In places in which this proposal affects MCDF, it will be specifically
noted.
3 See JNA at 10 describing a sharp increase in incidents at MDF.
SB 863 Proposal, page 2
facility, despite its utter lack of suitability to meet this need, including long periods of
confinement and the lack of space to provide meaningful therapeutic interventions.
Need for Program and Treatment Space: Put simply, MDF is devoid of meaningful
program and treatment spaces.4 With dayrooms sized for 48 people, only half of each
unit’s 96 residents can be safely allowed out of their cells at a time, leading to long
periods of confinement with essentially no access to services, programs, treatment,
recreation, socialization, or physical activity. The only services available at MDF are
academic independent-study courses, library cart, chaplain services, psychiatric
assessment and diagnosis, medical management, and yard. As a result of this
overcrowding and limited access to programming, people incarcerated at MDF –
including those with the most complex and urgent behavioral health needs – live in the
most restrictive, and least rehabilitative, conditions of the entire County jail system.
These conditions – compacted, under-designed, overly restrictive, populated by the
highest-need individuals whose mental health conditions are exacerbated by deleterious
living conditions, nearly devoid of appropriate services, with population levels
inconsistent with direct supervision design – pose serious and constant risks to the safe,
secure, humane, and effective operations at MDF. They put the County at risk of
violating Title 15, embodying the constraints SB 863 is intended to ameliorate.
b. Construction Proposed to Meet These Needs
The County seeks SB 863 funding to redress these conditions at MDF. In addition to
providing appropriate housing to address MDF’s deficiencies, the WRTH will also
establish a 19,274 sf Reentry Services Complex, containing all of the following:
4 Cite JNA
SB 863 Proposal, page 3
x A Rehabilitation and Reentry Services Center (7,690 sf)
x A Workforce Readiness Center (3,062 sf)
x A Child/Parent Contact Visitation Center (1,904 sf)
x A Medical and Psychiatric Services Clinic (2,045 sf)
x A Non-Contact Visiting Center (650 sf)
Because the RSC’s building is designed to allow access from both WRTH’s high-
security housing units and the existing medium-security campus, all of the RSC’s
resources will be available to every person at WCDF.
c. Approach and Need for Program Space Consistent with Legislative Intent
Consistent with the intent of Government Code 15820.933(a) and as a compelling
approach for the use of state financing, the cascade of transformative, whole-systems
benefits catalyzed by this proposal is the County’s most responsible, fiscally sound,
operationally efficient, and programmatically effective way to replace overcrowded,
aging, and unsafe jails with modern facilities that maximize safe jail operations and
increase public safety by fostering in-custody rehabilitation to support successful
transition back to the community. This whole-system approach is not only consistent
with SB 863’s legislative intent, but further ensures that its impacts can reverberate
across the County’s entire local criminal justice landscape.
d. Safety, Efficiency, and Programming Needs Addressed by This Proposal
The WRTH’s series of rippling reforms will accomplish all of the following:
x Eliminate the safety and security concerns at MDF by moving more than 400
individuals out of the facility and into the new structure, allowing MDF to return to the
safe, single-cell direct supervision operational philosophy for which it was designed;
SB 863 Proposal, page 4
x Increase access to programs and services for all people throughout the County
jail system by constructing a Reentry Services Complex available to everyone housed
at WCDF, repurposing closed MDF housing units to allow for increased access to
programs for those housed there, and establishing the Office of Reentry and
Rehabilitative Services (ORRS) to manage services at all three jails (see Section 3.f.);
x Improve operational efficiency by providing substantial and varied program space
on the housing units, reducing staffing needs for transfers and supervision, leveraging
existing assets at WCDF for the operations of WRTH, strategically sharing staff stations
between units to minimize staffing needs, increasing unit count while reducing unit size
to allow for more effective separation of certain populations; adding over 400 beds of
flexible housing to improve the system’s ability to respond to future needs;
x Improve conditions and services for incarcerated people with behavioral health
issues by providing specialized and appropriate housing space in the WRTH; improving
conditions and services for women with special needs by providing gender-responsive
evidence-based programs while converting Building 4 of WCDF into the Women’s
Special Services building; and ensuring regular access to both psychiatric, therapeutic,
and recovery services for all people incarcerated at WCDF;
x Reduce trauma and stigmatization for children of incarcerated parents while
improving family stability and post-release reunification outcomes through the
implementation of the R&R Program’s Family Matters parenting program. Contact-visits
between parents in the program and their minor children will occur in the WRTH’s state-
of-the-art, trauma informed, Child/Parent Visitation Center.We know of no other jail
system in the state – or even the nation – that has included a dedicated parent-child
SB 863 Proposal, page 5
contact visitation center and program of this scope in its jail construction plans.
x All of these efforts will be overseen and supported by a robust new public/private
“Transition from Jail to Community Collaborative Council” (see Section 3.e.).
e. Previous Financing Through AB 900 or SB 1022
The County has not received financing through either AB 900 or SB 1022,
2. SCOPE OF WORK
a. Facilities to be Replaced and Nature of Renovation
The high-security and behavioral health housing at the new WRTH will allow the
County to reduce overcrowding at MDF by removing 420 beds and returning MDF to the
single-cell direct-supervision model for which it was originally designed. To achieve
these improvements, the Sheriff’s Office will reduce capacity at MDF from 695 to 275 by
closing two housing modules (eliminating 182 beds) and returning remaining cells to
single-use (eliminating 238 beds). Reducing the number of people housed at MDF to
the levels intended in its original single-cell design and operational philosophy will
resolve a major safety issue, once again permitting MDF to operate as a direct
supervision model with its inherent advantages while also allowing modest repurposing
to increase its program space.5 This project is the most efficient and cost-effective way
to deliver maximum benefit to the greatest number of people throughout the jail system.
In its place, and offering 416 beds in flexible, state-of-the-art, high-security housing,
WRTH’s seven housing units will contain a total of 42 program spaces and classrooms.
Collectively, the program and classroom spaces within the housing units will be able to
simultaneously accommodate 332 people, or 80% of WRTH’s total maximum capacity.
5 Cite JNA
SB 863 Proposal, page 6
Each of WRTH’s five Standard Housing Units will contain 32 double-bunked cells
distributed evenly between a main level and mezzanine. In addition to a 2,240 sf
dayroom, each Standard Housing Unit will contain multiple meeting spaces to increase
access to in-unit programming and services, including: a 20-person, 460 sf Adult
Education classroom, which will also be available for group use after normal class
hours; a 20-person, 460 sf multi-purpose space; a 10-person, 340 sf small-group
program room; and three 120 sf independent-study rooms shared by a housing pod
(two adjacent housing units together constitute a housing pod). In all, programs space
within each Standard Housing Unit will have capacity to simultaneously accommodate
40 residents or 63% of the unit’s total capacity. Each Standard Housing Unit will contain
all features required by Title 24, as well as six video-visitation carrels located within
each housing unit’s dayroom, three non-contact public visiting booths, and professional
non-contact booths with pass-through slots for legal documents.
As with the five Standard Housing Units, the 64-bed Special Services Unit (SSU)
will contain 32 double-bunked cells distributed between a main floor and mezzanine.
Intended to house people experiencing short-term decompensation or detox, the SSU
will also contain a 2,240 sf dayroom; one 20-person classroom; one 20-person
programs room; one 10-person small group room; three 4-person interview rooms; and
three 120 sf independent-study rooms. Other areas required by Title 24 and consistent
with contemporary practice will be similar to those above.
Intended for people with serious and persistent mental illness who cannot function in
general population, the 32-bed Intensive Services Unit (ISU) will contain 16 rated cells
and two safety cells. Located on the first floor to mitigate safety risks, and fitted with
SB 863 Proposal, page 7
maximum glazing to facilitate observation and safety, all cells within the ISU will be
rated for double-bunk capacity; however, given the high-needs population it is intended
to serve, the ISU will contain a mix of single and double bunks, with an expected
average daily population of 20 people. Given that essentially all programs and services
for these vulnerable residents will be delivered within the unit, the ISU will contain a
1,120 sf dayroom; a 16-person classroom; two 8-person, 180 sf meeting rooms; two 4-
person, 80 sf interview rooms; an exam room; and a secure behavioral health staff
office. Together, the ISU and the SSU constitute the Behavioral Health Housing Pod,
operating on direct supervision reinforced by an indirect supervision control station.
b. Suitability of the Proposed Facility for General Operational Requirements
All aspects of the WRTH’s modern podular design are designed to provide
exemplary operations, safety, and efficiency, providing direct lines of sight to nearly all
secure areas of the facility, supplemented by indirect supervision through electronic
CCTV/Intercom and security systems. All public and professional visitors will utilize
separate and dedicated secure circulation corridors to access the housing units’ visiting
booths. Each two-unit housing pod shares common staging and sally port areas,
recreation yards’ storage and restroom, and staff restrooms, thereby reducing overall
space requirements. In addition, each two-unit housing pod shares an indirect officer
housing control station, reducing detention staffing level needs, especially during low
activity hours, without compromising safe operations.
c. Feasibly Meeting the Needs to Replace Outdated and Unsafe Housing
The proposed facility will address the identified needs by providing an integrated
building complex comprised of a broad array of new program spaces, a 96-bed high-
SB 863 Proposal, page 8
security Behavioral Health Housing Pod, and 320 new high-security beds, thereby
reducing overcrowded and unsafe conditions at MDF and allowing itto return to its
original single-cell, direct-supervision design. This is the most feasible and cost-effective
method to improve housing conditions and program access throughout the jail system.
d. Feasibly Meeting Needs for Programming and Treatment Space
In addition to the many dedicated classroom and program spaces included within the
housing units as described in Section 2, above, the 19,274 sf Reentry Services
Complex (with capacity to serve 291 people simultaneously) is designed to provide ideal
learning, therapeutic, workforce training, and child/parent visit environments, as follows:
a. A Rehabilitation and Reentry Programs Center (7,690 sf), with eight program
rooms holding up to 18 people; eight meeting rooms designed for six people; and
one 40-person multi-purpose room;
b. A Workforce Readiness Center (3,062 sf), comprising one 25-person vocational
classroom and two 25-person program rooms;
c. A Family Matters Child/Parent Visitation Center (1,904 sf) which includes a child-
friendly group room designed to accommodate 14 parents, 18 children, and five
staff; seven family alcoves along its perimeter to allow quieter interactions
between parents and children while maintaining clear sight lines consistent with
safe and secure operations; and an outdoor patio;
d. A 3,923 sf of R&R Staff & Administrative Space providing dedicated workstations
for seven FTE, along with 12 carrels to be shared among numerous program
providers who operate on-site part-time;
SB 863 Proposal, page 9
e. A Medical and Psychiatric Services Clinic (2,045 sf) including office and records
space for the WRTH’s medical staff (psychiatrists, MDs, nurses, and clerks).
3. PROGRAMMING AND SERVICES
a. Current Programs and Services
The programs and services currently available at each facility in the County’s jail
system vary widely. Given the absence of classrooms at Martinez Detention Facility,
individuals housed at MDF have access to academic education only through
independent study; only about 11% of people at MDF participate in independent-study.
Psychiatric and counseling services are limited only to assessment, diagnosis, and
medication management. Space limitations restrict available religious services to
nondenominational one-on-one counseling or to Bible studies with maximum capacity of
six people. Community-based services are limited to one-on-one non-contact visits
during visiting hours; resulting inefficiencies prove cost-prohibitive for service providers.
With maximum rated capacity of 188 in a low-security “farm” setting, Marsh Creek
Detention Facility in rural East County provides education only through independent-
study. It has one program space where students can complete their work; this is also
the location used for a psychoeducation class (DEUCE) and a Proud Fathers parenting
class. Onsite computers allow students to take the official state GED test, while some
religious services are held in a small chapel. MCDF also has vocational programs in the
form of a woodshop/bike repair shop and a landscaping project.
At West County Detention Facility, incarcerated women (but not men) can
participate in a landscaping program, an engraving and sign shop, and a frame shop.
For academic instruction, both men and women at WCDF have access to computer
SB 863 Proposal, page 10
testing centers (GED and certificates) and dedicated classroom space for instructor-led
adult education classes, along with independent study.6 A multipurpose room is used to
provide access to religious services, and on weekends these rooms are used for
programming provided by volunteers and community-based organizations.
All three facilities provide access to legal research through a contracted service
provider, and each facility has a library. At MDF, however, access to the library is
provided only through the library cart.
b. Programmatic Impact of Inadequate Space
With MDF’s current rated capacity of 695 at 180% its original design, the space-
related challenges at MDF are well noted,
7 and programmatic impacts of this crowded
condition are profound. Essentially, MDF has no space for programs or services despite
housing many of the people most in need of rehabilitative programs and treatment. To
increase the opportunity for programming even slightly, the population at MDF must be
reduced to create opportunities to repurpose space for use as small-group rooms.
In contrast, at first glance it might appear that WCDF contains adequate program
space, given its two classroom buildings – a men’s building with five classrooms and a
library; and a women’s building with two classrooms, a small satellite library space, and
engraving and framing vocational shops. However, all of these classrooms are used to
capacity five days a week, both mornings and afternoons, for instructor-led academic
classes. As a result, any programs or rehabilitative services are relegated to evenings
and weekends, where they nonetheless compete for space with volunteer or religious
6 JNA at page 36-37
7 JNA citation
SB 863 Proposal, page 11
groups. Further exacerbating these constraints, the housing units lack any meaningful
program space. As a result, whenever the WCDF campus is placed on administrative
lock-down, access to formal services and programs is suspended. Additionally, access
to CBO-provided services is further limited by staff-related challenges of transporting
participants to and from meeting spaces and housing units. By providing meeting
spaces within WRTH’s housing units, coupled with the RSC’s new array of space and
programs, WRTH will improve program access for everyone at WCDF.
c. Foundational Approach: “Transition From Jail To Community”
Continuing the innovative efforts for which Contra Costa has drawn wide notice, the
County intends to implement a robust public/private “Transition from Jail to Community”
(TJC) model under the leadership of a TJC Collaborative Council.
8 This forward-thinking
shift in the County’s approach to in-custody rehabilitation, transition planning, and
supported reentry will institutionalize multi-sector efforts to initiate lasting changes
throughout the local justice landscape. Inaugurated by the National Institute of
Corrections and the Urban Institute in 2007, a key premise of the TJC model is that
“[detention-related] systems change must be coupled with concrete intervention
efforts.”9 Thus, TJC models require the development of shared vision across multiple
agencies, changes in organizational culture, collaboration and joint ownership, and
data-driven understanding of local incarceration and reentry. Consistent with this
approach, beginning with the booking process and throughout incarceration and upon
8 The County’s approach has been informed by the model, evaluation, annual reports, and strategic plan developed
by and for the Allegheny (PA) County Jail Collaborative, see, among others,www.alleghenycounty.us/dhs/jail.aspx
and urban.org/research/publication/evaluation-allegheny-county-jail-collaborative-reentry-programs
9 “Transition from Jail to Community, Module 5,” accessed at www.tjctoolkit.urban.org/module5/M5%20-
%20%20Targeted%20Intervention.pdf
SB 863 Proposal, page 12
release, interventions will be tailored to needs, risks, and strengths of each individual.10
d. Lines of Authority to Achieve Operational Objectives
To provide strategic and effective management of the detention system’s programs
and services in partnership with the TJC Council, the Contra Sheriff’s Office will
establish a new Office of Rehabilitation and Reentry Services (ORRS) to develop,
coordinate, supervise, evaluate, and raise additional funds for programs and services
for people incarcerated in the County jails. Reporting to the West County Detention
Division Commander, the ORRS will be responsible for developing and coordinating
appropriate roles, responsibilities, policies and protocols of the project’s partners,
including the Office of the Sheriff, Inmate Services, County Office of Education (Adult
Basic Education and Workforce Readiness courses), County Health Services
(psychiatric mental health services), and one or several social service organization(s) to
provide reentry and rehabilitative services and to be selected through competitive bid.
e. Proposed Programming and “Risk-Need-Responsivity” Approach
Springing from the commitment to implementing a true TJC model, the Reentry
Services Complex will house a new, multi-service Rehabilitation and Reentry Program
(R&R). The R&R Program will provide a comprehensive and integrated array of
validated, evidence-based, trauma informed, and gender-responsive 11 cognitive
behavioral therapies, family support services, workforce readiness training, and
transition-planning for adult men and women housed at WCDF, with reentry and
psychiatric services at MDF and MCDF to support rehabilitation for those housed there.
10 Ibid.
11 This proposal is informed by “The Master Plan for Female Offenders: A Blueprint for Gender-Responsive
Rehabilitation,” California Department of Corrections and Rehabilitation, 2008.
SB 863 Proposal, page 13
The development of Personal Success Plans for participants in the R&R program
will begin by calculating each person’s Risk/Need/Responsivity score (RNR). Since the
1990s, the RNR model has been used with increasing success to rehabilitate justice-
involved people, and has been recognized for this success by the US Department of
Justice, among others. RNR’s three core principles are as follows:
x Risk principle:Match the level of service to the person’s risk to re-offend, and
prioritize treatment resources for higher-risk clients; level of risk can change over time,
depending on the status of a person’s underlying criminogenic needs
x Need principle:Identify criminogenic needs and target them in treatment; needs
include employment status, family dynamics, substance use, prosocial or antisocial
leisure activities, and antisocial attitudes
x Responsivity principle:Maximize the person’s ability to learn from a
rehabilitative intervention by providing cognitive behavioral treatment and tailoring the
intervention to the person’s learning style, motivation, abilities and strengths 12,13
As mentioned, the TJC model begins reentry planning at the moment a person is
incarcerated, using time spent in custody to identify and develop plans to mitigate the
criminogenic risks and needs identified through an RNR. Further, research
demonstrates that positive outcomes are maximized when service concentrations are
correlated to RNR scores,14 so that people at higher risk of recidivism are matched with
more concentrated program “dosage” (program length, duration, frequency, and
12 “Risk-Need-Responsivity Model for Offender Assessment and Rehabilitation,” James Bonta and D.A. Andrews,
Public Safety Canada, Government of Canada, 2006.
13 “Implementing Evidence-Based Policy and Practice in Community Corrections, ”Meghan Guevara and Enver
Solomon, National Institute of Corrections, US Department of Justice, October 2009, second edition.
14 “Three Core Elements of Programs that Reduce Recidivism: Who, What, and How Well,” Justice Center, Council of
State Governments, July 7, 2015
SB 863 Proposal, page 14
suitability).15 Consistent with this approach, the Sheriff’s Office will collaborate with its
partner agencies to identify and standardize the use of a new common RNR tool.
f. Client Assessment and Service Plans
Once a person’s RNR score has been calculated, the R&R Program will use
validated screening tools to identify criminogenic and noncriminogenic factors, such as
substance use disorders, mental illness, cognitive or physical impairments, financial
issues, family dysfunction, housing instability, learning or developmental disabilities, low
literacy levels, and lack of reliable transportation, all of which may need to be addressed
to support successful reentry and employment. After this information has been
reviewed, the R&R Program staff and client will co-create a Personal Success Plan
identifying in-custody and transition-planning services to support each client’s post-
release success. These Personal Success Plans will be designed to provide the
appropriate combination and sequence of services to address each client’s criminogenic
risks and needs. A “Service Matching Tool”16 will be used to develop each client’s
Personal Success Plan into an activity schedule, built on four-week intervals, to allow
clients maximum opportunity to engage in and complete a defined set of customized
activities in a relatively short period time. In general, groups and workshops will be
capped at 18 participants to maximize learning and relationship-building. Each group
will last from 60-90 minutes, and all groups will be gender-specific.
g. Program Structure
The R&R Program will operate on four Tracks, maximizing opportunities to match
15 “Improving the Effectiveness of Correctional Programs Through Research,” Edward J. Latessa, Center for Criminal
Justice Research, Division of Criminal Justice, University of Cincinnati, 2008.
16 “Integrated Reentry and Employment Strategies: Reducing Recidivism and Promoting Job Readiness,” Le’Ann
Duran, et al, Council of State Governments Justice Center, 2013.
SB 863 Proposal, page 15
program dosage both with risk levels and the highly variable average length of stay
typical of county jails. Most of the R&R Program’s services will be open enrollment, to
foster the greatest access for clients. While many people are detained in custody for
very short periods of time (72-96 hours being a common duration), it is well recognized
if a person is neither released nor posts bail within that 96-hour timeframe, his or her
anticipated length of stay in custody increases substantially but of unpredictable
duration. Therefore, in order to provide meaningful services to all who are interested,
tracks will be delivered as modules of 2-4 weeks each, maximizing participants’
opportunities to complete units even brief detention.
h. Program Tracks & Eligibility Criteria
x Track 1 (Reentry Track): Sentenced clients who score medium to high on the
Risk/Needs/Responsivity assessment and who have up to 6 months remaining on their
sentences (therefore a relatively predictable release date) will be eligible for a formal
“Reentry Track,” which will provide a robust curriculum of academic education,
behavioral health, parenting, workforce readiness, and reentry planning resources,
conducted Monday-Friday, supplemented with parent/child visitation programming on
weekends and some weekday evenings. Consistent with best practices for high RNR
scores and program dosage and fidelity (Latessa), the Reentry Track will be designed to
provide each participant with a minimum dosage of at least 300 hours of appropriate
behavioral health, workforce training and readiness, and transition-planning services
over the course of 5-6 months, in addition to academic coursework.
x Track 2 (High-Risk/Unsentenced): High-risk unsentenced clients who have
been in custody for at least 14 days will be eligible for concentrated services and reentry
SB 863 Proposal, page 16
planning. Given the uncertain length of stay common to unsentenced people, the High-
Risk/Unsentenced track will be structured to provide each client with at least 10 hours of
R&R programming weekly, with the intent to provide at least 150 hours of programming
over four months, in addition to academic and workforce readiness courses.
x Tracks 3 & 4 (Open Enrollment, Medium/Low Risk, Men and Women): These
tracks will be open to all interested clients. Program duration, dosage, and frequency
will vary according to participant interest, and programs will be available to all those at
WCDF, regardless of anticipated length of stay. However, the Open Enrollment track
will be designed to provide at least 5 hours of R&R programming weekly and at least 80
hours of programming over four months, in addition to academic and workforce.
In a major innovation, men classified as “high security” will be eligible for
reconsideration of their classification status if they actively, consistently, and
successfully participate in R&R programming and make steady progress on their
Personal Success Plans. R&R Program staff and the Sheriff’s Office will develop
policies and practices to identify people eligible for reclassification for housing in
medium-security housing. This combination of positive incentives and increased
freedom of movement is consistent with TJC principles to foster prosocial behaviors.
i. Behavioral Health Premises, Modalities, and Services
Supervised by the Behavioral Health Services Manager (LCSW), the R&R’s 10
FTE Behavioral Health & Parenting clinical counselors will provide gender-responsive,
evidence-based comprehensive cognitive behavioral treatments. Six will be assigned to
WCDF and four to MDF/MCDF. Services will be available in both English and Spanish.
Core Premises: Trauma-Informed, Gender-Responsive, and Evidence-Based:
SB 863 Proposal, page 17
Recognizing that history of trauma is disproportionately present in justice-involved
populations, the R&R Program will establish a trauma-informed environment in all
aspects and activities. Staff will be trained to maintain alertness and sensitivity to
environmental triggers and to trauma-related behaviors, and will also be trained in core
interventions to help clients manage such symptoms and triggers. Similarly, clients will
be oriented to basic concepts of trauma-related awareness and self-care, including
techniques of de-escalation and emotion regulation, and the program will utilize a
“containment” model for addressing co-occurring trauma among clients. The program’s
clinical staff will be able to identify, address, and immediately provide or coordinate care
for safe stabilization of any client in crisis situations that may arise during treatment. All
staff will be able to identify and assess indications of decompensation, including suicidal
and homicidal ideation, intent, and plans that may emerge; licensed providers will be
directly involved in the assessment and intervention process.
Just as trauma is overrepresented in justice-involved populations, the incidence
of physical and sexual abuse among justice-involved women has been reported to be
47% in some studies (Modley, 2010) and even higher – up to 83% in a study conducted
in Illinois (Reichert, 2010). For many, the path to crime has involved running away from
childhood abuse, the use of illegal drugs as a means of coping, and drug selling,
prostitution, and other crimes as a way to survive on the streets. As adults, many have
experienced intimate partner abuse, sexual assault, and the grief of losing custody of
their children. Studies show that treatment of drug-dependent women is more likely to
be successful if treatment is provided in a mutually supportive therapeutic environment
and addresses the issues including psychopathology (e.g., depression), a woman's role
SB 863 Proposal, page 18
as mother, interpersonal relationships, and the need for parenting education (Polinsky,
Hser, Grella, 1998). At the same time, many justice-involved men have high rates of
sexual abuse and assault in their lives; for men, the stigma of being sexual victims,
coupled with culturally-shaped expectations for normative masculine behavior, adds
extra trauma, anxiety, and confusion to this traumatic history.
All of the therapeutic modalities and interventions will be evidence-based and
validated for the populations they serve, and they will be implemented with fidelity to
their respective models and regularly reviewed for effectiveness, an essential
companion to RNR (Latessa). The well-recognized Seeking Safety will serve as the
curriculum for the trauma groups. Developed by Lisa Najavits,Seeking Safety is a
present-focused treatment for clients with a history of trauma and substance abuse.
Designed for flexible use, it is appropriate for group or individual format, male and
female clients, and a variety of settings (e.g., outpatient, custodial, residential). Seeking
Safety addresses trauma in terms of its current impact, symptoms, and related
problems (e.g., substance abuse) without requiring individuals to explore distressing
memories. To address and modify criminal thinking patterns for men, the curriculum is
likely to be Thinking for a Change (T4C),developed by the National Institute of
Corrections specifically for justice-involved populations. Consisting of 22 group
sessions, this curriculum focuses on three cognitive perspectives: Cognitive
Restructuring, Social Skills Development, and Development of Problem-Solving Skills.
To address and modify criminal thinking patterns for women,Moving On: A Program
for At-Risk Women provides women with alternatives to criminal activity by helping
them identify and mobilize personal and community resources.Moving On draws on the
SB 863 Proposal, page 19
evidence-based treatment models of relational theory and cognitive-behavioral therapy,
can be administered to groups or individuals in forensic or community settings, and can
be fully delivered in as little as nine or as many as 25 weeks (including supplemental
sessions). To enhance interpersonal skills development, the program will use
Skillstreaming: A Guide for Teaching Prosocial Skills. A manualized approach
developed by Arnold P. Goldstein, Skillstreaming comprises one of the three elements
of Aggression Replacement Training. The Skillstreaming curriculum is comprised of 50
specific skills ranging from beginning social skills (listening, starting a conversation, or
giving a compliment) to advanced social skills (such as asking for help, following
instructions, apologizing, and convincing others). Alternatives to aggression are also
taught in the form of skills such as asking permission, negotiating, and self-regulation.
Skills for dealing with stress include responding to failure, dealing with an accusation,
dealing with group pressure and dealing with embarrassment and planning skills such
as setting a goal and making a decision are also included. To address substance-use
disorders, the program will call on the curricula developed by Dr. Stephanie Covington.
Her Helping Men Recover is the first gender-responsive, trauma-informed treatment
program for men, built on the understanding of the impact of male socialization on the
recovery process, a consideration of the relational needs of men, and a focus on the
issues of abuse and trauma. The Facilitator’s Guide for the 18-session program is a
step-by-step manual containing the theory, structure, and content needed for running
groups, while the participants’ workbook allows men to process and record the
therapeutic experience. Dr. Covington’s evidence-based Helping Women Recover will
be the recovery education curriculum for women. Integrating theories of women’s
SB 863 Proposal, page 20
psychological development, trauma, and addiction to meet the needs of women with
addictive disorders, the comprehensive, seventeen-session curriculum includes user-
friendly and self-instructive materials include a step-by-step facilitator’s guide and a
participant’s journal, entitled A Woman’s Journal,filled with self-tests, checklists, and
exercises to create personalized recovery guides. The core curriculum for the Family
Matters program will be Parenting Inside Out (PIO), an evidence-based parenting
skills training program developed for justice-involved parents. A randomized controlled
trial demonstrated that PIO reduced parental recidivism; improved parental participation
in the lives of their children; increased the use of positive reinforcement; reduced
parental stress and parental depression; raised their prison adjustment scores; and
reduced reported substance use. PIO staff will work with incarcerated parents to build
stronger parenting skills; identify and effectively manage their own grief, trauma, and
loss; develop effective communication skills in dealing both with their child and the
child’s active caregiver; set interpersonal goals for each visit with their child; tie their in-
custody goals and behaviors to their hopes and motivations as parents; and build
reentry plans that increase their capacities as parents. For justice-involved parents also
involved in the child welfare system, the R&R Program will coordinate with the County’s
Children and Family Services Bureau to maximize the opportunities of participants in
Family Matters to comply with court-ordered reunification plans.
j. Transition and Resource Development Services
Supervised by the Multi-Disciplinary Services Manager (LCSW), six FTE
Transition Coaches will work with clients to develop and implement individualized
reentry plans to support their post-release success, while five FTE Resource
SB 863 Proposal, page 21
Developers will work both in the facility and in community-based settings to gather and
coordinate the resources necessary to fulfill the client’s Transition plan; this may include
identifying and confirming housing, applying for public benefits (cash aid, food stamps,
and healthcare enrollment), identifying vocational or educational resources consistent
with the client’s capacities and interests, identifying positive social supports, and
developing a personal emergency plan. Three Transition Coaches and three Resource
Developers will be assigned to WCDF/WRTH, while three Transition Coaches and two
Resource Developers will be assigned to MDF/MCDF.
k. Workforce Readiness Services
In partnership with County Office of Education, and operating from a fully
equipped computer laboratory, the R&R Program will provide certificated programs in
Computer Applications (including Microsoft Word, Excel, PowerPoint, and Adobe) as
well as Web Design/coding. A didactic, hands-on, 90-minute Work Readiness Skills
workshop will be conducted several days a week to support clients’ preparedness and
willingness to engage in employment-related activities after release. The curriculum will
include topics such as Getting Ready to Work: Pre-Release Work Planning; Skills
Inventory: Keeping on Track: Scheduling and Calendaring; The Three Rs: Job-Related
Educational Basics; and Keep What You Earn: Options for Banking, Budgeting, and
Saving (including IDAs 17). Program staff will pay particular attention to identifying and
documenting clients’ employment history (however informal or inconsistent) along with
identifying and building case plans to mitigate barriers that may have interfered with
17 Individual development accounts are a financial asset building tool for low income individuals in which an
individual’s savings are matched by a financial institution to assist in obtaining a targeted financial goal, such as
home ownership, education, a car, or a business.
SB 863 Proposal, page 22
sustained employment. For younger adults ages 18-29, the Transition Coaches and
Resource Developers will devote specific attention to documenting educational and
vocational histories while also helping clients cultivate interests, aptitudes, and
opportunities to develop and deploy transferrable skills.
To enhance both supply and demand, the Resource Developers will spend
substantial time outside the jails, working with community-based organizations and
public agencies to identify the resources to implement clients’ transition and post-
release plans. To this end, the Resource Developer will develop strong and informed
relationships with Workforce Centers, community-based service agencies, local
employers, educational institutions, and vocational trade schools across the County. To
help address the pressing need for paid, prosocial job opportunities, the Resource
Developers will also work closely with local industries and employers to cultivate
willingness to hire people with criminal records. In addition, Richmond’s new Reentry
Success Center and the County’s newly established Network Reentry System of
Services will serve as partners for the R&R’s Resource Developers, family members
anticipating the release of an incarcerated person, and formerly incarcerated people.
l. Staffing Changes Required to Provide Services
x Sheriff’s Deputies and Aides: The safe operation of the WRTH will require 37
Deputy Sheriffs, of whom 31 will be transferred from other assignments, and six
Sheriff’s Aides. To manage the greater movement of program participants to and from
their housing units in WCDF/WRTH, six Deputy Sheriff and six Sheriff Aide positions will
be added, for an incremental annual cost of $1,992,468.
x Rehabilitation and Reentry Services: The R&R Program’s rich array of new
SB 863 Proposal, page 23
behavioral, resource development, and transition planning services will be provided by a
qualified nonprofit social service organization selected through competitive bid. For
these services, the planned staff include a full-time, licensed Director; a Multi-
Disciplinary Services Manager (LCSW); a Behavioral Services Manager (LCSW); ten
Behavioral Health/Parenting Inside Out Counselors; six Resource Developers; five
Transition Coaches; a Data and Evaluation Manager; and an Administrative Assistant.
The annual cost for these staff and related program costs is budgeted at $1,868,702.
x Adult Education and Vocational Services: Existing staff assignments will be
revised to reflect the new program approaches. It is anticipated that six positions (3.5
FTE) will be redesigned due to increased efficiencies, and that 2 FTE credentialed
teachers (one vocational and one academic) will be hired at an annual cost of $234,000.
x Psychiatric Services: To provide psychiatric diagnosis, prescriptions, and
medication management services to all people housed in either WCDF or in WRTH, 1
FTE psychiatrist and one Psychiatric Nurse Practitioner will be hired, at an annual cost
of $338,880. In addition, 2 FTE Licensed Vocational Nurses will be reassigned from
MDF to WCDF/WRTH, to support medication distribution to psychiatric patients.
Thus, the incremental personnel budget to operate the new facility is $4,434,050.18
m. Objectives of the Facilities and Services
Every aspect of the WRTH’s physical design – from its direct-supervision housing
coupled with ample in-unit program and classroom space; its specialized behavioral
health housing units; its Reentry Services Complex; its exemplary Child/Parent
Visitation Center; its Transition from Jail to Community Collaborative Council; the
18 Cite JNA
SB 863 Proposal, page 24
evidence-based modalities and multi-disciplinary model of its Rehabilitation & Reentry
Services program; and the behavioral incentives embedded in its step-down
classification plan for people successfully engaged in services – reflects commitment to
providing efficient, effective, innovative rehabilitation and reentry services. As its
foundational approach, the R&R Program reflects the eight evidence-based principles
for effective interventions in community corrections: Assess criminogenic risks and
needs; enhance intrinsic motivation; target interventions (service array and dosage),
foster development of prosocial behavioral skills, increase positive reinforcement,
engage ongoing support in natural communities, measure relevant processes/practices,
and provide measurement feedback.19 Finally, all of the evidence-based therapeutic
modalities of the R&R have demonstrated efficacy with justice-involved populations.
n. Documented pretrial inmate percentages
In 2013, 74% of people incarcerated in the County jail system were pretrial status. In
an ongoing effort to reduce this further (for July 2015, it was 65%), the Sheriff’s Office
maintains an active “cite-release” policy, in which any individual brought in to the jail’s
booking center for a charge less than felony (with some limited exceptions) is provided
with a written citation and then released from custody on a signed promise to appear at
court. Similarly, the Sheriff’s Office operates a robust pretrial Electronic Home Detention
(EHD) program using GPS and SCRAM 20 technology. Currently, 43 people in the
County’s Pretrial Services program (PTS), described below, have been referred to the
Sheriff’s Custody Alternative Facility program (CAF), which also provides eligible
19 “Implementing Evidence-Based Practice in Community Corrections: The Principles of Effective Intervention,” Crime
& Justice Institute, at http://nicic.gov/theprinciplesofeffectiveinterventions
20 Secure Continuous Remote Alcohol Monitoring (SCRAM) is an electronic monitor that uses persistent transdermal
technology to detect alcohol use by the person wearing the device.
SB 863 Proposal, page 25
sentenced individuals the opportunity to serve a remaining jail sentence on EHD, in the
Work Alternative Program, or by participating in the County Parole program. Currently,
661 people are participating in Alternatives to Detention programs.
o. Description of Risk Assessment-Based Pretrial Release Processes
In early 2014 the County launched its Pretrial Services program (PTS), a
collaborative effort of the Sheriff, Probation, Public Defender, District Attorney, and the
local Superior Court. Led by a multi-agency work group responsible for assessing
implementation, refining operations, and planning for program expansion, this unique
collaborative structure has led Californians for Safety and Justice to feature Contra
Costa in a forthcoming report. PTS uses a modified version of the well-recognized
Virginia Pretrial Risk Assessment Instrument (VPRAI), which assesses eight factors to
determine pretrial release.21 The County has contracted with the Pretrial Justice
Institute, in collaboration with the Crime and Justice Institute of Community Resources
for Justice, to provide technical assistance in the program’s design and implementation
and to validate the local use of this modified instrument.
22 With a staff of four probation
officers, two paralegals, and one clerk, each morning PTS paralegals meet with
detained individuals in the holding cells of the courthouse. Using a standardized
interview tool, the paralegals gather required information that is then sent to Probation.
In turn, Probation Officers attempt to verify the information, gather additional information
from various law enforcement and court databases (CLETS,23 ARIES,24 police reports,
21 The factors are 1) current allegation is felonious 2) other pending charges 3) 1 previous conviction 4) 2 or more
violent convictions 5) previous failures to appear 6) at current residence a year or more 7) last two years in school or
employed 8) history of substance abuse. Each factor provides 0 or 1 point, except failures to appear provide 2 points.
22 See http://www.crj.org/cji/entry/pretrial-contra-costa
23 California Law Enforcement Telecommunications System
24 The Automated Regional Information Exchange System (ARIES) is a database of Contra Costa County arrest and
SB 863 Proposal, page 26
probation history), and input the information into the modified risk assessment
instrument to calculate risk. Once a person’s risk level is determined, Probation Officers
submit recommendation reports to the Court, including proposed terms and conditions.
The Judge makes the final decision in the presence of a Public Defender and District
Attorney. Not all defendants qualify for release into PTS; disqualifiers include
misdemeanor charges, defendants with holds for other law violations, probation and AB-
109 violators, individuals charged with domestic violence offenses, and certain other
serious felony offenses.25 A database measures the success of the program; to date,
only 18.4% of people released to PTS have been arrested for a new offense or been
issued a warrant for failure to appear.
4. ADMINISTRATIVE WORK PLAN
a. Steps to Complete the Project
Upon receipt of the state’s notice of intent to award funding, the County will work to
achieve project establishment in the shortest time possible. At the same time, the
project architect-engineer (AE) will begin confirming the space and functional programs
and complete the architectural program. Only then will schematic and design
development documents be developed, utilizing the County’s Owner’s Project
Requirements. The Construction Manager (CM) will then be selected and hired.
Periodic design workshops, attended by the Sheriff’s Transition Team (TT) and
appropriate consultants, will provide close interaction between the Sheriff’s Office (SO)
and the design team. Finally, the design will be complete when the construction
documents are developed. Of course, all required state interaction and submittals will
criminal histories
25 Penal Code § 667.5 (c) and most but not all of offenses listed in Penal Code § 1192.7
SB 863 Proposal, page 27
be performed according to the detailed project schedule that has been developed.
The AE will assist the CM prepare the bid package and perform the prequalification
of bidders and the bidding process. Once the SPWB has determined that all financing
requirements have been met by the County and a Notice to Proceed given, and permits
have been issued by the Building Department, the construction contract will be
awarded. At this point the contractor will take over management of the BIM from the
architect. The County Construction Administrator (CA), assisted by the CM and
architect, will oversee the work though completion and project close-out.
The TT will begin its work at start of the design process. When construction starts,
the TT will develop operational plans and hire and train staff. W ith a construction punch
list and a shakedown of the new facility completed, occupancy will be granted by the
Building Department and Fire Marshal. An audit by the state will determine if the facility
has been staffed and is being safely operated as planned.
b. Project Schedule
A detailed Gantt chart has been developed for the project, with a simplified version
offered here. The timeline meets
the 120-day deadline for completing
the due diligence. The Notice to
Proceed to construction is to be
issued on 5/3/2018, within the 42-
month deadline. Construction is
finished on 1/23/2020, thus meeting the 36-month requirement. Occupancy is
scheduled for 3/13/2020. The County has determined that the Design-Bid-Build (DBB)
SB 863 Proposal, page 28
construction delivery method is most appropriate.
c. Plan for Project Management
A Project Management and Construction Administration Plan has been designed to
ensure: 1) delivery of a quality product meeting the needs of the County’s detention and
programming requirements; 2) technical compliance with BSCC, CDCR and SPWB
requirements and applicable codes; 3) adherence with County policy and procedure;
and 4) completion of the project on time and on budget. The most appropriate County
resources in construction, accounting, and legal counsel will be assigned to the project.
The project manager will be the manager of the County’s Capital Projects
Management Division of the Public Works Department (PWD). The project manager will
serve as the Construction Administrator (CA). The
PM/CA will be Ramesh Kanzaria, R.A., who holds a
Diploma in Architecture 26 and is a Registered
Architect in the state of California. He has 35 years
of experience managing medium & large
construction projects.
The County has retained an expert in state-
financed jail construction projects, Grady Williams, P.E.27 as designated Project Expert
(PE). Having been through the process several times, Mr. Williams will assist the CA to
ensure all BSCC and CDCR requirements are met quickly and accurately upon notice of
a conditional award of state financing. The PE will also represent the SO in design
26 A six-year course of study equivalent to a Masters degree
27 State of Washington
SB 863 Proposal, page 29
workshops to ensure the AE’s design meets the functional program, and serve as a vital
resource of senior project management skills. The CA is in charge of the project overall
and is the direct line of communication to consultants and County project staff. The CA
reports to the Director of PWD and to the Jail Project Oversight Committee, which
includes the County Administrative Office, the Sheriff and the Auditor-Controller, among
others, providing a direct line to County executives and resources.
The CM will carry out the daily construction activities in the field and ensure quality
control of the contractor under the management of the CA. The County Building
Department will perform plan check using a firm with strong experience in jail design,
issue a building permit, and provide two full time inspectors with experience in jail
construction to work in the field as code compliance inspectors during construction. The
County will select a commissioning agent (Cx) who will begin its work during design
development and continue through construction completion and close-out.
Also upon notice of the conditional award, the SO’s Transition Team (TT) will begin
its work of developing operational procedures. The TT will ensure: a) a fully trained staff
ready to operate the new facility, b) the facility has completed a full shack-down prior to
occupancy, and c) a well-prepared operation of the new facility, including its program
and treatment services. The Sheriff’s Office’s project coordinator, Captain Thomas
Chalk, will be the County’s Primary Contact Person (PCP) to the state, the leader of the
TT, and the person to provide and manage resources of the Sheriff’s Office for the
benefit of the Project. Captain Chalk and the TT have been an integral part of
completing the functional and space programs, and will remain central throughout.
The Project Financial Officer (PFO), Ms. Wanda Quever, is responsible for
SB 863 Proposal, page 30
developing the chart of accounts for the project, requesting budget revisions needed to
ensure adequate cash flow, processing the invoices to and payments from the BSCC,
and preparing financial reports for the CA and the JPOC. Reporting to the Director of
PWD and JPOC, the PFO will assist with accounting and cash flow reports.
Key components of the CA’s program include:
Planning: A step-wise, room-by-room analysis of the entire process of inmate
incarceration from booking to release has been performed. Likewise a step-wise
analysis of the inmate’s continuum of care from incarceration to reentry into society,
including probationary requirements, has been performed. Other planning documents
will include the Transition Plan, Commissioning Plan, Owner’s Project Requirements,
the Project Manual, and policies and procedures including quality and safety.
Designing: Workshops will be held at key milestones during each phase of design.
The AE will submit documents to reviewers in advance, and describe its features and
rationale at the Workshops. The TT is part of the Design Review Team (DRT).
Building Information Modeling (BIM): The BIM process will begin at schematic
design and continue through construction completion and beyond. It will be developed
initially by the AE and then handed to the contractor, who will continue its development
during construction. BIM will assist in minimizing change orders (cost) and staying on
schedule. It will also be used to perform more efficient maintenance on the new facility.
Scheduling: CPM and milestone schedules will be developed using Primavera
software, and monitored monthly; if significant variances are identified, the CA will work
with the CM to ensure a recovery plan is enacted. If the contractor requests a time
SB 863 Proposal, page 31
extension, the CA will perform an analysis of any fragnets for validity of the request.
Document Control: At the beginning of the project, the CA will establish and maintain
a Document Management System (DMS), including an asset management database. A
password-protected project web site will be established that will allow all team and even
state personnel to access review and approve project documents online from anywhere.
This system will be a key component of the construction process.
Quality Control/Assurance: The contract will require the contractor to provide and
document continuous quality control (QC). The CA will be responsible for ensuring the
contractor meets this requirement through a quality assurance (QA) program. The CM
will provide Inspection of any needed corrections to assure proper implementation.
Safety: A Safety Plan will be developed at the onset of the project. All personnel will
be trained on its requirements and the CA, with the help of the CM, will ensure safety is
incorporated into all aspects and incidents are corrected immediately and reported.
Commissioning: A Cx plan for the new jail facility will be prepared by the Cx firm
early in the design process. The Cx Plan will provide logistics for accessibility, efficient
operability, and low cost maintainability. Cx activities include start-up documentation,
test procedure acceptance, and plan and document training. The Cx will evaluate the
working effectiveness and operation of the systems’ seasonal performance, control
systems settings, and interactions with the life/safety systems.
RFI Processing: The CA’s team will perform timely, complete, and accurate
responses to Requests for Information (RFIs) to avoid delay claims and control costs.
The CM will review a contractor’s RFI to ascertain its validity before sending to the AE.
SB 863 Proposal, page 32
If the response involves additional cost or time, the CM will review the solution with the
AE to try to identify any lesser or non-impact alternatives. If there are none, the CM will
work with the CA to quickly arrive at the fairest price and/or time extension.
Submittal Processing: The CA will require the contractor to identify all submittals on
their baseline schedule. This schedule is provided to the AE with a composite submittal
forecast that indicates the volume and timing of anticipated submittals. With this
information, the CA team will have sufficient reviewers available to handle peak
workloads. Submittals will be tracked using the Document Management System (DMS).
Change Control: CA will accomplish this by: (1) including a thorough and detailed
scope of work in the contractor’s contract; (2) conducting constructability and BIM
reviews; (3) ensuring cost-conscious and comprehensive RFI responses; (4) ensuring
complete submittal and shop drawing reviews; (5) instituting a pre-approved change
control processing approach; (6) ensuring expeditious review and processing of all
change order requests; and (7) only incorporating changes that are absolutely
necessary. The hired CM firm will assist the CA with these tasks.
Dispute Resolution: If problems arise, the CA will work collaboratively to gather
information, form alternatives, and guide decisions that result in solutions. The CA’s
field team will attempt to resolve issues on site. If unsuccessful, the field team will
elevate it to the CA to negotiate a resolution. Higher levels of authority and expertise will
be brought to achieve resolution. The CA will provide notification of a potential claim,
provide analysis of the disputed facts, and recommend a follow-up course of action.
Claims Mitigation: Claims prevention will involve clear communication, prompt
resolution, prompt response to contractor’s submittals, and the implementation of solid
SB 863 Proposal, page 33
management practices. If the CM suspects a problem, the CM will gather all key team
members to evaluate the risk, explore alternatives, prepare guidance for the contractor
to clarify requirements, and if appropriate, initiate a change order to compensate the
contractor. The CM will keep a “potential claim file” to capture relevant documents.
Invoicing: The CA will require each contractor and consultant to invoice separately
the expenses eligible for State reimbursement, for expenses to be paid by County
contributions, and for expenses that are not eligible for the SB 863 program.
Cost Accounting: Using proven processes developed by the PE, all expenses on the
project will be tracked by assigning FIN codes to all budget line items, and all expenses
will be coded accordingly.
5. BUDGET NARRATIVE
a. Total Project Cost and Matching Funds
As detailed in the Budget Summary Table, the project cost is $90.4 million. Of this, the
County match is $10.4 million, which includes $3.17 million of in-kind costs, $6.9 million
in cash, and $360,000 in costs already expensed. To fund the $6.9 million, it is
recommended drawing $4.5 million from Sheriff’s Plant Acquisition Funding (Org.
4407/Account 4437) and $2.4 million from AB 109 Public Safety Realignment Revenue
previously earmarked for this purpose. These funds will be used to cover costs ineligible
for lease-revenue financing.
b. Operating Costs and Types of Funding
The total personnel-related cost for this proposal is $4,434,050, of which $2,441,582 is
for program personnel and $1,992,468 is for Sheriff’s Office personnel. The funding
sources are as follows:
SB 863 Proposal, page 34
Inmate Welfare Fund $56,000
Annual net savings in facilities operating costs for MDF and WRTH28 $500,000
Existing general budget for Sheriff’s Office $555,802
Sheriff’s Office current AB 109 budgeted funds $1,329,780
County General Funds $1,992,468
Total $4,434,050
c. Allocation of Effort and Alignment of Budget and Operational Details
In terms of construction allocations, the cost of the 320 Standard Housing Units and
the 96 Behavioral Health beds is estimated at $48 million; the cost of the Reentry
Services Complex is estimated at $9 million; design, management and other soft costs
at $19 million; and $14.4 million. In terms of operational allocations, $2.4 million of the
$4.43 million incremental costs (54%) are allocated to programs and services.
d. Efficient Use of State Resources
This project has been designed to maximize efficiencies and leverage existing
resources. Many of WRTH’s support facilities and functions will be provided through
existing assets, including the booking and classifications area of MDF as well as the
visitor processing facilities, kitchen, laundry, warehouse, library, building maintenance,
and warehouse at WCDF (which were designed with capacity to serve a larger facility),
thus reducing construction cost by an estimated 20%. As a result, the majority of the
state’s investments will be devoted not to ancillary facilities but to replacement housing
and unprecedented capacity to deliver comprehensive programs.
Further, the new facility will be designed to achieve a minimum Leadership in Energy
and Environmental Design (LEEDTM) rating of Silver, reducing energy consumption by
28 See calculation in Efficient Use of State Resources, above.
SB 863 Proposal, page 35
more than 15% beyond Title 24 requirements; as a result, it is estimated that the new
facility will require only 60 to 70% of the energy of the existing MDF, with utility and
maintenance costs at less than half of MDF’s maintenance and utility costs of
$6.83/SF/year. These operating cost reductions combined with the closing of two
housing units at the MDF will reduce the County’s net operating costs for the two
facilities by about $500,000 annually. Finally, the WRTH will be designed to reduce the
facility’s life-cycle cost, thereby further reducing staffing, energy, and maintenance
costs. The County’s current source of utility and maintenance cost funding, pooled
through PWD’s tenant rental charge, will remain in place for the foreseeable future.
In contrast, an alternate approach – to renovate or rebuild MDF – is not feasible,
cost-effective, or operationally efficient. A concrete multi-story building approximately 70
feet tall, MDF is structurally unified, with each part structurally reliant upon all the others;
in its entirety, the building is comprised of hard construction. A plan to attempt
substantial renovations would not only be prohibitively expensive, but also would result
in a less than ideal facility unsuitable for the proposed housing and services.
6. READINESS TO PROCEED
Board Resolution: On August 18, 2015, the County BOS signed the requisite
Resolution, which is attached herein.
CEQA Documentation: On July 28, 2015, the BOS directed staff to file the Notice of
Determination (NOD) for the Final EIR. The NOD was filed at the County Clerk’s office
and at the Office of Planning and Research State Clearinghouse on July 28, 2015, and
is attached herein.
Senate Bill 863Proposal,QVWUXFWLRQV
SECTION 6: BOARD OF SUPERVISORS’ RESOLUTION
BOARD RESOLUTION
dHIS PAGE WILL BE REPLACED BY SAID LETTER, WHICH
CAN NOT BE COMPLETED UNTIL EXPIRATION OF THE 30-
DAY STATUTE OF LIMITATIONS, WHICH OCCURS ON
AUGUST 28, 2015
/(77(5)520&2817<&2816(/&(57,)<,1*&203/(7,212)&(4$
August 11, 2015West County Reentry and Treatment Facility CONCEPT DRAWINGS APPENDIX PAGE 1Site Plan
August 11, 2015West County Reentry and Treatment Facility CONCEPT DRAWINGS APPENDIX PAGE 2Reentry Program/Building Support – Main Floor
August 11, 2015West County Reentry and Treatment Facility CONCEPT DRAWINGS APPENDIX PAGE 3Overall Housing Unit – Main Floor
August 11, 2015West County Reentry and Treatment Facility CONCEPT DRAWINGS APPENDIX PAGE 4Site Context
Project Delivery and Construction Agreement July 22, 2013
PROJECT DELIVERY AND CONSTRUCTION AGREEMENT
[ENTER PROGRAM NAME] FINANCING PROGRAM
by and among
STATE PUBLIC WORKS BOARD
OF THE STATE OF CALIFORNIA
and
[DEPARTMENT OF CORRECTIONS AND REHABILITATION
OF THE STATE OF CALIFORNIA
and]
BOARD OF STATE AND COMMUNITY CORRECTIONS
OF THE STATE OF CALIFORNIA
and
[ENTER COUNTY NAME]
Effective Date of [MONTH] [DAY], 20[YEAR]
(FOR A [ENTER TYPE OF FACILITY] FACILITY
LOCATED IN THE COUNTY OF [ENTER COUNTY NAME])
TABLE OF CONTENTS
Page
-i-
Project Delivery and Construction Agreement July 22, 2013
ARTICLE 1 GENERAL ................................................................................................................ 3
1.1 General Covenants, Acknowledgements and Agreements of the Parties .............. 3
1.2 Approvals, Consents and Actions Necessary to Maintain Eligibility in the
[ENTER PROGRAM NAME] Financing Program ............................................... 3
1.3 [ENTER PROGRAM NAME] Lease Revenue Bond Financing .......................... 4
1.4 The [Department and the ]BSCC Act as Liaison of the Board and Finance
to the Participating County .................................................................................... 5
1.5 Representations and Warranties of the Participating County ................................ 5
1.6 Representations and Warranties of the Board ........................................................ 6
1.7 Representations and Warranties of the [Department and the ]BSCC .................... 7
1.8 Compliance with Terms and Conditions of the Project Documents ...................... 8
1.9 Conflicts Between Terms of Documents ............................................................... 8
1.10 Indemnity ............................................................................................................... 8
1.11 Assignment or Subletting of the Facility ............................................................... 8
1.12 Relationship of the Parties ..................................................................................... 9
ARTICLE 2 TERM AND TERMINATION OF AGREEMENT ................................................. 9
2.1 Term of Agreement ................................................................................................ 9
2.2 Termination of Agreement ..................................................................................... 9
ARTICLE 3 COST SHARING OF THE PROJECT ................................................................... 11
3.1 Financing Eligibility of the Project ...................................................................... 11
3.2 Excess Project Costs ............................................................................................ 11
3.3 Project Cost Savings ............................................................................................ 12
ARTICLE 4 PROJECT SCOPE, COST AND SCHEDULE ...................................................... 12
4.1 The Project ........................................................................................................... 12
4.2 Modification of Project Scope, Cost or Schedule ................................................ 12
4.3 Excess Project Costs ............................................................................................ 13
ARTICLE 5 BIDDING AND CONSTRUCTION PHASE OF THE PROJECT ........................ 13
5.1 Construction Covenant of the Participating County ............................................ 13
5.2 Procurement and Enforcement of Construction Contract .................................... 13
5.3 Completion of the Project .................................................................................... 13
5.4 Project Access ...................................................................................................... 14
5.5 Insurance .............................................................................................................. 14
ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION ............................ 16
6.1 Private Use of the Project .................................................................................... 16
6.2 No Liens ............................................................................................................... 16
ARTICLE 7 RECORD RETENTION ......................................................................................... 16
7.1 Establishment of Official Project File.................................................................. 16
7.2 Preservation of Records ....................................................................................... 17
TABLE OF CONTENTS
(continued)
Page
-ii-
Project Delivery and Construction Agreement July 22, 2013
ARTICLE 8 MISCELLANEOUS ............................................................................................... 17
8.1 Entire Agreement ................................................................................................. 17
8.2 Amendment .......................................................................................................... 17
8.3 Waiver .................................................................................................................. 17
8.4 Counterparts ......................................................................................................... 17
8.5 Headings .............................................................................................................. 17
8.6 Further Assurances............................................................................................... 17
8.7 Survival ................................................................................................................ 18
8.8 Governing Law .................................................................................................... 18
8.9 Compliance with Laws ........................................................................................ 18
8.10 Partial Invalidity................................................................................................... 18
8.11 Notices ................................................................................................................. 18
8.12 Force Majeure ...................................................................................................... 19
8.13 Exculpation .......................................................................................................... 19
8.14 Benefits of this Agreement Limited to the Parties ............................................... 19
EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1
EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1
EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND
OPERATION ..................................................................................................... C-1
EXHIBIT D FORM OF FACILITY SUBLEASE .................................................................. D-1
EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING
Cash Contribution ............................................................................................... E-1
EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING
In-kind (Soft) Match ........................................................................................... E-2
1
Project Delivery and Construction Agreement July 22, 2013
PROJECT DELIVERY AND CONSTRUCTION AGREEMENT
[ENTER PROGRAM NAME] FINANCING PROGRAM
(FOR A [ENTER TYPE OF FACILITY] FACILITY
LOCATED IN [ENTER COUNTY NAME] COUNTY)
This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this
“Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and
among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the
“Board”), an entity of state government of the State of California (the “State”), [the
DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF
CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF
STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the
“BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY
NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this
Agreement, the Board, the Department, the BSCC and the Participating County are referred to
collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the
BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.”
WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the Board is authorized to
finance the acquisition, design and construction of a [ENTER TYPE OF FACILITY] facility
approved by the BSCC pursuant to Section [ENTER SECTION] of the California Government
Code (the “[ENTER PROGRAM NAME] Financing Program”); and
WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1,
Subchapter [ENTER SUBCHAPTER] and this Agreement and other agreements relating to this
Project, the cost of certain design and construction activities will be eligible for reimbursement
under the [ENTER PROGRAM NAME] Financing Program; and
WHEREAS, the Participating County has proposed to build or renovate a [ENTER TYPE
OF FACILITY] facility, as more particularly described in Exhibit A attached hereto (the
“Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled by the
Participating County through fee-simple ownership (the “Site”); and
WHEREAS, the Participating County intends to lease the Site to the [ENTER
“Department” OR “BSCC”] pursuant to a Ground Lease in substantially the form attached hereto
as Exhibit B (the “Ground Lease”) executed by and between the Participating County and the
[ENTER “Department” OR “BSCC”] and consented to by the Board; and
WHEREAS, the [ENTER “Department” OR “BSCC”], as lessee under the Ground Lease,
and the Participating County intend to enter a Right of Entry for Construction and Operation (the
“Right of Entry”) in substantially the form attached hereto as Exhibit C concurrently with the
execution of the Ground Lease authorizing the Participating County to enter the Site for the
purpose of constructing the Project on the Site and for operation of the Project upon substantial
completion of construction (the Site and the Project, collectively, the “Facility”), as more
particularly described herein; and
WHEREAS, concurrently with the execution of this Agreement, the BSCC and the
2
Project Delivery and Construction Agreement July 22, 2013
Participating County, with the consent of the Board[ and the Department], intend to enter into an
agreement to assist in complying with BSCC’s rules and regulations concerning jail construction
for the [ENTER PROGRAM NAME] Financing Program (the “BSCC Agreement”); and
WHEREAS, the Board intends to oversee and issue lease revenue bonds for the Project,
subject to satisfaction of certain conditions and requirements of the Board, including but not
limited to establishment of Project scope, cost and schedule; approval of preliminary plans;
involvement in working drawings approval and authorization for the Participating County to
request construction bids; requesting actions to be taken to obtain one or more interim loans in
connection with the Project (the “Interim Loan”) and, subject to section 1.3 below, the Board
intends to issue and sell its lease revenue bonds to repay the Interim Loan and provide additional
financing for the Project, as necessary (the “Bonds”); and
WHEREAS, prior to authorization by the Board of actions to be taken to provide for the
Interim Loan, the [ENTER “Department” OR “BSCC”] shall have certified to the Board that the
Participating County is a participating county as required by Section [ENTER SECTION] of the
California Government Code and the BSCC shall have approved the Project in accordance with
Section [ENTER SECTION] of the California Government Code; and
WHEREAS, an Interim Loan for the Project may be made pursuant to Sections 16312
and 16313 of the California Government Code (Pooled Money Investment Board loans),
Section 15849.1 of the California Government Code (General Fund loans), and/or any other
appropriate source in an amount or amounts, which in the aggregate do not exceed the Maximum
State Financing (as hereinafter defined); and
WHEREAS, the agent for sale for all Board bonds is the State Treasurer; and
WHEREAS, concurrently with the issuance of the Bonds, the [ENTER “Department” OR
“BSCC”], as lessee under the Ground Lease, intends to enter into a Site Lease whereby the
[ENTER “Department” OR “BSCC”], as lessor, shall lease the Site to the Board, as lessee (the
“Site Lease”); and
WHEREAS, concurrently with the execution of the Site Lease, the Board, as lessee under
the Site Lease, intends to enter into a Facility Lease whereby the Board, as lessor, shall lease the
Facility to the [ENTER “Department” OR “BSCC”], as lessee (the “Facility Lease”); rental
payments under the Facility Lease shall secure the payment of principal of and interest on the
Bonds; and
WHEREAS, concurrently with the execution of the Facility Lease, the [ENTER
“Department” OR “BSCC”], as lessee under the Facility Lease, and the Participating County
intend to enter a Facility Sublease in substantially the form attached hereto as Exhibit D,
whereby the [ENTER “Department” OR “BSCC”], as sublessor, shall lease the Facility to the
Participating County, as sublessee (the “Facility Sublease”), for its use, operation and
maintenance; and
WHEREAS, in the event the Board is unable to issue the Bonds to finance the Project
and the Interim Loan has been provided, the [ENTER “Department” OR “BSCC”] shall commit
a sufficient amount of its annual support appropriation to repay the Interim Loan and any other
3
Project Delivery and Construction Agreement July 22, 2013
interim financing costs associated with the Interim Loan.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements of
the Parties set forth herein and other good and valuable consideration, the adequacy and
sufficiency of which are hereby acknowledged by the Parties, and intending to be legally bound,
the Parties hereby agree as follows:
ARTICLE 1
GENERAL
1.1 General Covenants, Acknowledgements and Agreements of the Parties.
(a) The Parties hereto acknowledge and agree that an authorization by the
Board to request the Interim Loan and the issuance of the Bonds by the Board is done in reliance
upon, among other things, the promise of the relevant Parties to execute, deliver and perform
their respective obligations, as applicable, under the Site Lease, the Facility Lease, the Facility
Sublease, a Tax Agreement and Certificate in a form satisfactory to the Board to be executed in
connection with the issuance of the Bonds (the “Tax Certificate”), a Continuing Disclosure
Agreement in a form satisfactory to the Board to be executed in connection with the issuance of
the Bonds (the “Continuing Disclosure Agreement”) and all related certificates, agreements or
other documents, including an indenture and supplemental indenture, if any, authorizing the
Bonds that the Chair or Executive Director of the Board or a duly authorized designee thereof
may deem necessary or desirable to effectuate the sale of the Bonds. Such indenture,
supplemental indenture, if any, the Site Lease, the Facility Lease, the Facility Sublease, the Tax
Certificate and the Continuing Disclosure Agreement, are collectively referred to herein as the
“Bond Documents.”
(b) The Parties accept and agree to comply with, to the extent respectively
applicable to them, all terms, provisions, conditions, and commitments of this Agreement, the
Project Documents (as hereinafter defined) and the Bond Documents, including all incorporated
documents, and that they will do and perform all acts and things permitted by law to effectuate
the issuance of the Bonds.
(c) The Participating County[, the Department] and the BSCC agree and
acknowledge that the Project is subject to approval and oversight by the Board and the State
Department of Finance (“Finance”) consistent with the policies and laws governing the
expenditure of a State capital outlay appropriation.
1.2 Approvals, Consents and Actions Necessary to Maintain Eligibility in the
[ENTER PROGRAM NAME] Financing Program. The Participating County acknowledges its
eligibility for Project financing pursuant to the [ENTER PROGRAM NAME] Financing
Program is subject to and contingent upon the following approvals, consents and actions by the
Board and Finance;
(a) A determination by the Board that the Site meets the standard
requirements for a site being leased in connection with the issuance by the Board of its lease
revenue bonds;
4
Project Delivery and Construction Agreement July 22, 2013
(b) A determination by the Board that the Participating County match as set
forth in Article 3 has been satisfied as required by the Law and the source of the Cash (hard)
Match (as hereinafter defined) and any associated security or terms related thereto has been
determined by the Board to be compatible with the financing of the Project pursuant to the
[ENTER PROGRAM NAME] Financing Program;
(c) The Board has established the scope, cost and schedule for the Project
consistent with the Participating County’s initial proposal submitted to the BSCC and the
Participating County has agreed that the Project shall be constructed and completed in
accordance with such Project scope, cost and schedule established by the Board, except to the
extent any modifications thereof may be approved by the Board through the State’s standard
capital outlay process;
(d) The Board has approved the Ground Lease, the Right of Entry and the
Facility Sublease;
(e) Both the Board and Finance have approved the Preliminary Plans for the
Project. As used herein “Preliminary Plans” shall mean a site plan, architectural floor plans,
elevations, outline specifications, and a cost estimate, for each utility, site development,
conversion, and remodeling project, the drawings shall be sufficiently descriptive to accurately
convey the location, scope, cost, and the nature of the improvement being proposed;
(f) Finance has approved the Working Drawings for the Project and
authorized the Participating County to proceed with soliciting competitive bids for construction
of the Project. As used herein “Working Drawings” shall mean a complete set of plans and
specifications showing and describing all phases of a project, architectural, structural,
mechanical, electrical, civil engineering, and landscaping systems to the degree necessary for the
purposes of accurate bidding by contractors and for the use of artisans in constructing the
project;
(g) The [ENTER “Department” OR “BSCC”] has provided the Board the
certification required by Section [ENTER SECTION] of the California Government Code, which
certification the [ENTER “Department” OR “BSCC”] intends to provide upon satisfaction of the
required statutory and regulatory conditions;
(h) The Board has adopted a Resolution authorizing steps be taken to seek the
Interim Loan together with declaring its intent to reimburse any such Interim Loan with the
proceeds from the Bonds;
(i) A determination by the Board that it will receive with respect to the Bonds
the normal and customary opinions and certificates delivered in connection with an issuance of
lease revenue bonds by the Board; and
(j) The sale of the Bonds.
1.3 [ENTER PROGRAM NAME] Lease Revenue Bond Financing. State financing
for the [ENTER PROGRAM NAME] Financing Program is predicated on the Board’s ability to
issue Bonds for the Project. The Board, acting in good faith, intends to authorize the request for
5
Project Delivery and Construction Agreement July 22, 2013
the Interim Loan and, subject to approvals, consents, and actions set forth in section 1.2, to issue
Bonds for the Project. The Agencies will make reasonable and good faith efforts to assist in
gaining assurance that the Site, the Project, the Participating County’s ultimate use of the Project
and the Cash (hard) Match (as hereinafter defined) are developed and implemented in such a way
to facilitate the financing of the Project through the issuance and sale of the Bonds.
Prior to the Board’s authorization to request the Interim Loan, the [ENTER “Department”
OR “BSCC”] shall have certified to the Board that the Participating County is a participating
county as required by Section [ENTER SECTION] of the California Government Code and the
BSCC shall have approved the design and construction of the Project in accordance with
Section [ENTER SECTION] of the California Government Code.
Notwithstanding the Board’s good faith efforts to authorize and provide financing for the
Project, the State (including without limitation the Board[, the Department,] and the BSCC) shall
not be obligated to issue Bonds for the Project or authorize the Interim Loan request upon the
Board’s good-faith determination that such financing is not feasible or appropriate, based upon
any one or more of the following factors: the lack of suitability of the Project’s configuration or
site for lease revenue bond financing, local funding that is incompatible with the issuance of
lease revenue bonds by the Board, adverse market conditions, adverse outcomes to legal
challenges, inability to obtain access to the financial markets or inability to obtain reasonable
rates, inability to receive opinions and certificates customarily delivered in connection with the
issuance of lease revenue bonds, or another occurrence or state of affairs that would make it
objectively infeasible or inappropriate for the Board to issue Bonds or authorize the Interim Loan
request.
In the event the Board determines that it is not feasible or appropriate to issue Bonds or to
authorize the Interim Loan request, the Participating County is not entitled to receive the
Maximum State Financing (as hereinafter defined) or other State funding for the Project, and
shall not receive reimbursement from the State for any Project costs. However, in the event the
Board is unable to issue the Bonds to finance the Project and the Interim Loan has been
provided, the [ENTER “Department” OR “BSCC”] shall commit a sufficient amount of its
annual support appropriation to repay the Interim Loan and any other interim financing costs
associated with the Interim Loan and all associated costs.
1.4 The [Department and the ]BSCC Act as Liaison of the Board and Finance to the
Participating County. The Parties hereto acknowledge that obtaining the approvals and consents
of the Board and/or Finance and the provision of documents to the Board and/or Finance as set
forth in this Article I and otherwise herein shall be a responsibility of [the Department and ]the
BSCC. The [Department and the ]BSCC will act as liaisons between the Participating County
and the Board and Finance, and on their own behalf and behalf of the Board and Finance, will
work with the Participating County to obtain such consents and approvals, and to provide such
documents to the Board and Finance, as applicable.
1.5 Representations and Warranties of the Participating County.
(a) Under the provisions of the State Constitution, the applicable State
statutes, and applicable jurisprudence of the State, the Participating County has the power to
enter into this Agreement, to be bound hereby, to consummate the transactions contemplated
6
Project Delivery and Construction Agreement July 22, 2013
hereby and to perform its obligations hereunder.
(b) The Participating County has taken all actions and has obtained all
consents necessary to enable the Participating County to enter into this Agreement, to be bound
hereby, to consummate the transactions contemplated hereby and to perform its obligations
hereunder.
(c) The person executing and delivering this Agreement on behalf of the
Participating County has been duly authorized and empowered to do so.
(d) The execution and delivery of this Agreement on behalf of the
Participating County will bind and obligate the Participating County to the extent provided by
the terms hereof.
(e) There exists no litigation or other proceeding pending or threatened
against the Participating County that, if determined adversely, would materially and adversely
affect the ability of the Participating County to consummate the transactions contemplated
hereby or to perform its obligations hereunder.
(f) The execution and delivery of this Agreement and the Ground Lease, the
Right of Entry, the BSCC Agreement and the Facility Sublease, the consummation of the
transactions herein and therein contemplated and the fulfillment of or compliance with the terms
and conditions hereof and thereof, will not conflict with or constitute a violation or material
breach of or default (with due notice or the passage of time or both) under any applicable law or
administrative rule or regulation, or any applicable court or administrative decree or order, or any
indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or
instrument to which the Participating County is a party or by which it or its properties are
otherwise subject or bound, or result in the creation or imposition of any lien, charge or
encumbrance of any nature whatsoever upon any of the property or assets of the Participating
County, which conflict, violation, breach, default, lien, charge or encumbrance might have
consequences that would materially and adversely affect the consummation of the transactions
contemplated by this Agreement, the Ground Lease, the Right of Entry, the BSCC Agreement or
the Facility Sublease, or the financial condition, assets, properties or operations of the
Participating County.
1.6 Representations and Warranties of the Board.
(a) Under the provisions of the State Constitution, the applicable State
statutes, and applicable jurisprudence of the State, the Board has the power to enter into this
Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to
perform its obligations hereunder.
(b) The Board has taken all actions and has obtained all consents necessary to
enable the Board to enter into this Agreement, to be bound hereby, to consummate the
transactions contemplated hereby and to perform its obligations hereunder.
(c) The person executing and delivering this Agreement on behalf of the
Board has been duly authorized and empowered to do so.
7
Project Delivery and Construction Agreement July 22, 2013
(d) The execution and delivery of this Agreement on behalf of the Board will
bind and obligate the Board to the extent provided by the terms hereof.
(e) There exists no litigation or other proceeding pending against the Board
(with service of process having been accomplished) that, if determined adversely, would
materially and adversely affect the ability of the Board to consummate the transactions
contemplated hereby or to perform its obligations hereunder.
1.7 Representations and Warranties of the [Department and the ]BSCC.
(a) Under the provisions of the State Constitution, the applicable State
statutes, and applicable jurisprudence of the State, the [Department and the ]BSCC each have the
power to enter into this Agreement, to be bound hereby, to consummate the transactions
contemplated hereby and to perform its obligations hereunder.
(b) The [Department and the ]BSCC have each taken all actions and have
obtained all consents necessary to enable the [Department and the ]BSCC to enter into this
Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to
perform its obligations hereunder.
(c) The persons executing and delivering this Agreement on behalf of the
[Department and the ]BSCC have been duly authorized and empowered to do so.
(d) The execution and delivery of this Agreement on behalf of the
[Department and the ]BSCC will bind and obligate the [Department and the ]BSCC to the extent
provided by the terms hereof.
(e) There exists no litigation or other proceeding pending against the
[Department or the ]BSCC (with service of process having been accomplished) that, if
determined adversely, would materially and adversely affect the ability of the [Department or the
]BSCC to consummate the transactions contemplated hereby or to perform its obligations
hereunder.
(f) The execution and delivery of this Agreement and the Ground Lease, the
Right of Entry, the Site Lease, the Facility Lease, the BSCC Agreement and the Facility
Sublease, the consummation of the transactions herein and therein contemplated and the
fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict
with or constitute a violation or breach of or default (with due notice or the passage of time or
both) under any applicable law or administrative rule or regulation, or any applicable court or
administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease,
contract or other agreement or instrument to which the [Department or the ]BSCC is a party or
by which it or its properties are otherwise subject or bound, or result in the creation or imposition
of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets
of the [Department or the ]BSCC, which conflict, violation, breach, default, lien, charge or
encumbrance might have consequences that would materially and adversely affect the
consummation of the transactions contemplated by this Agreement, the Ground Lease, the Right
of Entry, the BSCC Agreement or the Facility Sublease, or the financial condition, assets,
properties or operations of the [Department or the ]BSCC.
8
Project Delivery and Construction Agreement July 22, 2013
1.8 Compliance with Terms and Conditions of the Project Documents. The Parties
agree to comply with all terms and conditions relating to the respective Party of this Agreement,
the BSCC Agreement, the Ground Lease, the Right of Entry and all exhibits and schedules
attached hereto and thereto relating to the Party (collectively, the “Project Documents”), as well
as all applicable laws including, without limitation, the Law and those laws, regulations and
guidelines set forth in the BSCC Agreement.
1.9 Conflicts Between Terms of Documents. In the event of any inconsistency in the
Project Documents, except as otherwise provided herein, the inconsistency shall be resolved by
giving precedence in the following order: 1) this Agreement; 2) the Ground Lease, 3) the BSCC
Agreement and all exhibits and schedules attached thereto, and 4) the Right of Entry. In the
event the Bonds are issued, any inconsistency between the Project Documents and the Bond
Documents shall be resolved by giving precedence to the Bond Documents. To the extent the
Parties mutually agree that a provision of a particular document should control with respect to an
inconsistency between that document and another document or documents, notwithstanding the
other provisions of this section, such provision shall control.
1.10 Indemnity. As required by Section [ENTER SECTION] of the California
Government Code, the Participating County hereby agrees to indemnify, defend and save
harmless the State, including but not limited to the Board[, the Department] and the BSCC, and
each of their respective officers, governing members, directors, officials, employees,
subcontractors, consultants, and agents (collectively, “Indemnitees”) for any and all claims and
losses arising at any time out of the acquisition, design, construction, operation, maintenance, use
and occupancy of the Project. The Participating County shall not be obligated to provide
indemnity or defense where the claim arises out of the active negligence or willful misconduct of
the Indemnitees. These obligations shall survive any termination of this agreement.
1.11 Assignment or Subletting of the Facility.
(a) Assignment of Rights and Interest under this Agreement. Except as
otherwise contemplated hereunder, the Participating County may not sublicense, assign, or
otherwise confer upon any other person or entity its rights or interests under this Agreement, nor
may the Participating County delegate any of its duties or responsibilities required by this
Agreement, whether by operation of law or otherwise, without the express, prior written consent
of the Agencies, the rights and obligations hereunder imposed being personal to the Participating
County.
(b) Assignment or Subletting of the Facility. The Participating County and the
[ENTER “Department” OR “BSCC”] hereby covenant and agree that none of the Ground Lease,
the Facility Lease or the Facility Sublease nor any interest of such Parties thereunder shall be
sold, mortgaged, pledged, assigned, or transferred by the Parties thereto by voluntary act or by
operation of law or otherwise; provided, however, that the Facility may be subleased in whole or
in part by the Participating County with the prior written consent of the [ENTER “Department”
OR “BSCC”] and the Board to the form and substance of such sublease, which consent shall not
be unreasonably withheld, and, provided further that, any such sublease shall be subject to the
following conditions:
(i) Any sublease of the Facility by the Participating County shall
9
Project Delivery and Construction Agreement July 22, 2013
explicitly provide that such sublease is subject to all rights of the [ENTER “Department” OR
“BSCC”] and the Board under the Facility Sublease, including, the right to re-enter and re-let the
Facility or terminate such lease upon a default by the Participating County; and
(ii) At the request of the [ENTER “Department” OR “BSCC”] or the
Board, the Participating County shall furnish the [ENTER “Department” OR “BSCC”], the
Board and the State Treasurer with an opinion of nationally-recognized bond counsel acceptable
to the Board to the effect that such sublease will not, in and of itself, cause the interest on the
Bonds to be included in gross income for federal income tax purposes.
(c) Restrictions on Private Use of the Facility. The Participating County
acknowledges that its ability to assign or sublet the Facility is subject to the provisions of
section 6.1.2 hereof.
1.12 Relationship of the Parties. The Parties hereto acknowledge and agree that, to the
extent expressly provided in this Agreement, the relationship of the Participating County to the
Agencies is that of an agent to the Agencies and that the Participating County is principally
responsible for the acquisition, design, construction, maintenance, and operation of the Project.
Other than as set forth herein, nothing in this Agreement shall create between the Participating
County and any of the Agencies the relationship of joint venturers, partners or any other similar
or representative relationship, and the Participating County shall not hold itself out as an agent
(except as expressly provided herein), representative, partner, member or joint venturer of the
Agencies. The Participating County shall not make for or on behalf of the Agencies, or subject
the Agencies to, any contract, agreement, warranty, guaranty, representation, assurance or other
obligation, which has not been approved in advance in writing by the applicable Agency. This
Agreement is for the sole and exclusive benefit of the Parties hereto and their respective
successors and assigns, and no third party (including without limitation the owners of the Bonds)
is intended to or shall have any rights hereunder.
ARTICLE 2
TERM AND TERMINATION OF AGREEMENT
2.1 Term of Agreement. This Agreement shall commence on the Effective Date and
shall terminate upon the later of (i) completion of the construction of the Project or (ii) if the
Board issues the Bonds, execution and delivery of the Facility Sublease, unless terminated earlier
as provided in section 2.2. The provisions of certain sections hereof as indicated by the express
terms thereof will survive termination of this Agreement.
2.2 Termination of Agreement.
(a) Termination by the State. The [Department or the ]BSCC, with the
consent of the Board, or the Board may terminate this Agreement in the event any of the
following occurs:
(i) The Participating County’s breach of a material term of this
Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement)
provided the Participating County has not cured such breach in all respects within thirty (30)
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Project Delivery and Construction Agreement July 22, 2013
days from notice of said breach, which cure period may be extended for a reasonable time with
the consent of the Agencies if the Participating County demonstrates that such additional time is
required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or
schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter
defined) when and as required under this Agreement, the Law or any Project agreement to which
the Participating County is a party;
(v) In the event the Board determines the Participating County is no
longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program
as set forth in section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1,
Section C of the BSCC Agreement.
(b) Termination by the Participating County. The Participating County may,
prior to the State providing any amount of financing, terminate this Agreement in the event any
of the following occurs:
(i) The State’s breach of a material term of this Agreement, any
Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the
State has not cured such breach in all respects within thirty (30) days from notice of said breach,
which cure period may be extended for a reasonable time with the consent of the Participating
County if the State demonstrates that such additional time is required to cure such breach in a
diligent and commercially reasonable manner;
(ii) Failure of the State to execute the Ground Lease or the Right of
Entry;
(iii) In the event the Board determines the Participating County is no
longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program
as set forth in section 1.2 hereof.
(c) Agreement. The Parties may terminate this Agreement by mutual
agreement. The Agencies agree to terminate this agreement in the event that the Participating
County determines it cannot proceed with the Project after initial construction bids are received,
but before any construction contract is awarded.
(d) Notice of Termination. Prior to terminating this Agreement under the
provisions of this Article 2, the Parties shall provide to each other, as applicable, at least
thirty (30) calendar days written notice, stating the reason(s) for termination and effective date
thereof.
(e) No Impairment. Nothing in this Article 2 in any way alters or limits the
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Project Delivery and Construction Agreement July 22, 2013
authority of the Agencies to withhold all or a portion of the Maximum State Financing (as
hereinafter defined) in accordance with law or otherwise as permitted hereunder or any other
right or remedy available to the State at law or in equity for breach of this Agreement.
ARTICLE 3
COST SHARING OF THE PROJECT
3.1 Financing Eligibility of the Project.
(a) General. Subject to the terms and provisions hereof, the costs for design
and construction of the Project shall be shared by the State and the Participating County with the
State providing financing up to a maximum of ________________ dollars ($___________)
(“Maximum State Financing”) and the Participating County providing the Cash (hard) Match (as
hereinafter defined) funding and the In-Kind (soft) Match (as hereinafter defined) funding
(collectively, the “Participating County Funding” and together with other Participating County-
borne project costs not included as the Participating County Funding and the Maximum State
Financing, the “Total Project Costs”). Provided, however, that the Board may provide all or a
portion of the Maximum State Financing for Project costs at its discretion as set forth herein.
The sources for the Maximum State Financing shall be limited to the proceeds of the Interim
Loan, and the proceeds of the Bonds. If Bonds are issued and sold, the proceeds will be used to
repay the Interim Loan and to provide additional financing for the Project as appropriate. If the
Bonds are issued and sold, in no event or circumstance shall the State or the Agencies be
obligated to pay the Participating County under this Agreement or any other Project Document
any amount in excess of the Maximum State Financing.
(b) Cash (hard) Match. Subject to all terms and provisions of this
Agreement, the Participating County agrees to appropriate and spend cash (hard) matching funds
for the Project as provided in the BSCC Agreement (“Cash (hard) Match”). Exhibit E-1 is a
detailed description of and certification related to the source or sources of the Cash (hard) Match
and any associated security or terms related thereto as approved by the Agencies, which detail
and assurance of has been deemed sufficient by the Board to determine that the use of such funds
as the Cash (hard) Match is compatible with the financing of the Project pursuant to the [ENTER
PROGRAM NAME] Financing Program. Any modifications to the source or sources of the
Cash (hard) Match or the associated security and terms related thereto as described in
Exhibit E-1 must be approved by the Agencies. The Participating County shall ensure that all
Cash (hard) Match is encumbered prior to Finance approval of proceeding to bid the
Construction Contract (as hereinafter defined).
(c) In-Kind (soft) Match. Subject to all terms and provisions of this
Agreement, the Participating County agrees to provide in-kind (soft) match for the Project as
provided in the BSCC Agreement (“In-kind (soft) Match”). The Participating County has
provided in Exhibit E-2 a detailed description of the In-kind (soft) Match for the Project as
approved by the Agencies. Any modifications to the In-kind (soft) Match as described in
Exhibit E-2 must be approved by the Agencies.
3.2 Excess Project Costs. In no event shall any Project scope, cost, budget or
schedule changes be authorized by the Participating County which would cause the amount of
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Project Delivery and Construction Agreement July 22, 2013
Total Project Costs to be exceeded unless the Participating County covenants to fund such excess
with lawfully available funds and the Participating County first obtains the consent of the
Agencies. The Participating County is solely responsible for any and all cost, expenses or fees of
the Project which exceed the Maximum State Financing and the Participating County covenants
to use its best efforts to promptly appropriate sufficient amounts to cover such cost, expenses or
fees. The Participating County waives any and all claims against any of the Agencies or the
State in the event that Total Project Costs exceed the amount initially established by the Board.
3.3 Project Cost Savings. To the extent there exists Project cost savings during the
Project the amount of such savings shall be applied first to the Participating County to the extent
the Participating County has identified Participating County Funding in an amount more than
required by the Applicable Laws (as defined in the BSCC Agreement). Thereafter, cost savings
shall be shared by the State and the Participating County on a pro rata basis determined by the
percentage of the total amount of Project costs financed by the State and the Participating County
Funding, respectively. However, in no case may savings be applied to the Participating County
that would (1) result in the State providing financing for activities other than eligible design and
construction costs; or (2) result in the Participating County contributing less than the percentage
of Total Project Costs required by the Applicable Laws.
ARTICLE 4
PROJECT SCOPE, COST AND SCHEDULE
4.1 The Project. See Exhibit A for a description of the scope, cost and schedule of
the Project, including a narrative description of the Project, budgeted costs related to the Project
and a schedule for completion of design and construction of the Project.
4.2 Modification of Project Scope, Cost or Schedule. No substantial change or other
substantial modifications to the Project scope, cost or schedule may be made by the Participating
County without prior written permission of Finance and recognition by the Board (“Scope
Change”). Minor modifications to the project do not require Finance approval and Board
recognition, but must be documented and reported on routine progress reports to the BSCC as set
forth in the BSCC Agreement. Without limiting the foregoing, the Participating County shall
notify the [Department and the ]BSCC, and the [ENTER “Department” OR “BSCC”] shall in
turn notify Finance and the Board upon any of the following events or circumstances that may
constitute a Scope Change:
(a) More than minor changes which affect the design, project configuration,
cost or schedule of the Project;
(b) A delay or change in the substantial completion or final completion dates
for the Project;
(c) A more than minor change to the design, location, size, capacity or quality
of major items of equipment;
(d) A change in approved budget categories, or movement of dollars between
budget categories as indicated in the Board approved scope cost and schedule as identified in
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Project Delivery and Construction Agreement July 22, 2013
Exhibit A.
As used herein “substantial” is as defined in Section 6863 of the State Administrative
Manual. As used herein a minor change is any change which does not rise to the level of a
substantial change as defined in Section 6863 of the State Administrative Manual. Finance shall
determine whether any reported event or circumstance requires its approval and recognition or
other formal action by the Board.
The Participating County agrees that it will give prompt notification in writing to the
[Department and the ]BSCC of the occurrence of any of the above events and promptly report, in
writing, to the [Department and the ]BSCC any modifications to the Construction Contract (as
hereinafter defined) with respect to the Project. The [ENTER “Department” OR “BSCC”] will
provide the aforementioned notices and reports to the Board. The Participating County agrees
further that, for purposes of the immediately preceding clause (a) and (c), if unsure whether a
particular change is minor it will discuss the appropriate characterization with the [Department
and the ]BSCC.
4.3 Excess Project Costs. In no event shall any scope, cost or budget changes be
authorized which would cause the amount of Total Project Costs to be exceeded unless the
Participating County covenants to fund such excess with lawfully available funds and with the
consent of the Agencies and so appropriates such funding.
ARTICLE 5
BIDDING AND CONSTRUCTION PHASE OF THE PROJECT
5.1 Construction Covenant of the Participating County. The Participating County
acting as agent of the Board and the [ENTER “Department” OR “BSCC”], hereby covenants and
agrees to provide and perform or cause to be performed all activities required to acquire, design
and construct the Project on behalf of the Board in accordance with the Participating County’s
established policies and procedures for the design and construction of major capital projects such
as the Project. The Participating County shall be responsible to contract for all pre-design,
design and construction services, and shall manage the day-to-day design and construction of the
Project. The Participating County shall cause the design and construction of the Project to be
consistent with the requirements, limitations, and other terms of this Agreement, the other
Project Documents, the Law and all Applicable Laws. The Participating County shall also
manage all aspects of the development and construction of the Project in accordance with the
Project Documents.
5.2 Procurement and Enforcement of Construction Contract. The Participating
County shall follow and adhere to all pertinent bidding rules and policies applicable to
Participating County capital projects of this type and size. If there is an ambiguity as to the
applicability of certain contracting rules and/or policies to the Project, the Participating County
will seek advice from its counsel, follow that advice and use its best efforts to enforce the general
construction contract (the “Construction Contract”) between the Participating County and the
contractor selected by the Participating County.
5.3 Completion of the Project. The Participating County acknowledges it is obligated
14
Project Delivery and Construction Agreement July 22, 2013
to undertake and complete the design and construction of the Project in compliance with all of
the applicable terms and conditions of the Project Documents and the Participating County
agrees to use its best efforts to cause the completion of design and construction of the Project in
compliance with the applicable terms and conditions of such documents. The Participating
County agrees to complete the Project in accordance with this Agreement and consistent with the
scope, cost and schedule established by the Board and attached hereto in Exhibit A, as such
scope, cost and schedule may be modified with the approval of Finance and the recognition of
the Board.
5.4 Project Access. To the extent not inconsistent with the Bond Documents, at all
times during design and construction of the Project and after final completion, the Participating
County shall provide to employees, subcontractors, and consultants of the Agencies reasonable
unrestricted access to observe, monitor and inspect the Project. The Agencies’ access to observe,
monitor and inspect shall include the right to review all documents and files relating to the
Project, as well as construction on the Site, including all tests and inspections relating to design
or construction of the Project.
5.5 Insurance.
(a) Insurance Obligations of the Participating County.
(i) Requirements during construction. Not later than the start of construction,
and continuing through completion of construction of the Project, the Participating County, at its
own cost and expense, shall secure and maintain or cause to be secured and maintained (i) fire,
lightning and extended coverage insurance on the Project, which initially may be in the form of a
builder’s risk policy providing coverage in an amount not less than the construction costs
expended for the Project and, if no builder’s risk insurance is in effect, shall be in the form of a
commercial property policy in an amount equal to one hundred percent (100%) of the then
current replacement cost of the Project, excluding the replacement cost of the unimproved real
property constituting the Site (except that such insurance may be subject to a deductible clause
not to exceed [five hundred thousand dollars ($500,000) or two million five hundred thousand
dollars ($2,500,000)] for any one loss), and (ii) earthquake insurance (if such insurance is
available on the open market from reputable insurance companies at a reasonable cost) on any
structure comprising part of the Project in an amount equal to the full insurable value of such
structure or the amount of the attributable portion of the Interim Financing, whichever is less
(except that such insurance may be subject to a deductible clause not to exceed [five hundred
thousand dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any
one loss). The extended coverage endorsement shall, as nearly as practicable, cover loss or
damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, vandalism and malicious
mischief and such other hazards as are normally covered by such endorsement.
If such policy is expected to expire in accordance with its terms prior to execution of the
Facility Sublease, the Participating County shall give written notice to the Agencies
forty-five (45) days prior to the expected expiration date.
(ii) Requirements after construction completion. The Participating County, at
its own cost and expense, shall secure and maintain or cause to be secured and maintained from
an insurance company or companies approved to do business in the State and maintain after
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Project Delivery and Construction Agreement July 22, 2013
completion of construction and/or when placing the Project in operation, the following insurance
coverage for the Project:
a. General liability insurance in an amount not less than one
million dollars ($1,000,000) per occurrence. Evidence of such insurance shall be on a General
Liability Special Endorsement form and should provide coverage for premises and operations,
contractual, personal injury and fire legal liability;
b. By signing this Agreement, the Participating County hereby
certifies that it is aware of the provisions of Section 3700, et seq., of the California Labor Code
which require every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and that it will comply,
and it will cause its subtenants and assignees to comply, with such provisions at all such times as
they may apply during the term of this Agreement.
c. Auto insurance (written on ISO policy form CA 00 01 or its
equivalent) with a limit of not less than one million dollars ($1,000,000) per occurrence. Such
insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles or coverage
for any auto.
(iii) Additional Insureds. The Participating County agrees that the Board[, the
Department,] and the BSCC and their respective officers, agents and employees shall be included
as additional insured in all insurance required herein.
(iv) Insurance Certificate. Any and all insurance policies related to the Project
shall name the Board and the [ENTER “Department” OR “BSCC”] as additional insured parties
and the Participating County shall deliver to the Agencies a certificate or certificates of insurance
authorized by the insurers describing the insurance coverage and stating that it is in full force and
effect.
(v) Self-Insurance. Notwithstanding any other provision of this Section, the
Participating County may satisfy the insurance obligations hereunder by a combination of
commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a
self-funded loss reserve in whatever proportions are deemed appropriate by the Participating
County. The Participating County shall furnish the Agencies with a certificate or other written
evidence of the Participating County’s election to provide or cause to be provided all or part of
its coverage under a risk pooling, risk retention, or self-insurance program or any combination
thereof.
(b) Insurance Obligations of the [ENTER “Department” OR “BSCC”]. If the
insurance required in (a)(i) expires in accordance with its terms prior to execution of the Facility
Sublease, the [ENTER “Department” OR “BSCC”] shall, at its own cost and expense, procure
and maintain or cause to be procured and maintained (i) property casualty insurance in an
amount equal to one hundred percent (100%) of the then current replacement cost of the Project,
excluding the replacement cost of the unimproved real property constituting the Site (except that
such insurance may be subject to a deductible clause not to exceed [five hundred thousand
dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any one loss),
and (ii) earthquake insurance (if such insurance is available on the open market from reputable
16
Project Delivery and Construction Agreement July 22, 2013
insurance companies at a reasonable cost) on any structure comprising part of the Project in an
amount equal to the full insurable value of such structure or the amount of the attributable
portion of the Interim Financing, whichever is less(except that such insurance may be subject to
a deductible clause not to exceed [five hundred thousand dollars ($500,000) or two million five
hundred thousand dollars ($2,500,000)] for any one loss). The extended coverage endorsement
shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft,
vehicle damage, smoke, vandalism and malicious mischief and such other hazards as are
normally covered by such endorsement. The property casualty insurance shall be in a form
satisfactory and with carriers which are acceptable to the Board.
(c) Disposition of Insurance Proceeds. The Participating County agrees and
acknowledges that the Board, in its sole discretion, may elect to use the proceeds of insurance
procured pursuant to this Agreement to repay the Interim Loan and related costs. However, in
the event of (i) damage or destruction of the Project caused by the perils covered by the
insurance procured pursuant to this Agreement and (ii) if the Board elects to repay the Interim
Loan and related costs, and (iii) if any insurance proceeds remain after the Interim Loan and
related costs have been repaid, and (iv) such remaining insurance proceeds are distributed to the
[ENTER “Department” OR “BSCC”], then the [ENTER “Department” OR “BSCC”] agrees to
distribute such remaining proceeds to the Participating County.
ARTICLE 6
CERTAIN OBLIGATIONS POST PROJECT COMPLETION
6.1 Private Use of the Project.
6.1.1 Provision of Information Regarding Private Use. The Participating
County acknowledges that under the terms of the Facility Sublease, a form of which is attached
hereto as Exhibit D, the Participating County will covenant to provide updated information to
the Board, the [ENTER “Department” OR “BSCC”] and the State Treasurer annually regarding
private use, if any, of the Project.
6.1.2 Restriction on Private Use of Bond Financed Project. The Participating
County acknowledges that under the terms of the Facility Sublease, a form of which is attached
hereto as Exhibit D, the Participating County will covenant to restrict private use of the Project
as required by the terms thereof.
6.2 No Liens. The Participating County acknowledges that except as permitted under
the terms of the Facility Sublease, a form of which is attached hereto as Exhibit D, the
Participating County will covenant not to allow any liens on the Facility.
ARTICLE 7
RECORD RETENTION
7.1 Establishment of Official Project File. The Participating County shall establish an
official file for the Project (the “Official Project File”). The file shall contain adequate
documentation of all actions that have been taken with respect to the Project, in accordance with
17
Project Delivery and Construction Agreement July 22, 2013
generally accepted government accounting principles and the requirements for record retention
for capital projects constructed with the proceeds of tax exempt bonds. The Participating County
will provide a copy of such file to the [ENTER “Department” OR “BSCC”] upon termination of
this Agreement. The documents to be retained shall include, but is not limited to contracts,
payment of invoices, transfer of funds and other related accounting records.
7.2 Preservation of Records. The Participating County agrees to protect records
adequately from fire or other damage. When records are stored away from the Participating
County’s principal office, a written index of the location of records stored must be on hand and
ready access must be assured. All the Participating County records contained in the Official
Project File must be preserved for a minimum of three years after the last date on which no
Bonds are outstanding. These records shall be subject at all reasonable times to inspection,
examination, monitoring, copying, excerpting, transcribing, and audit by the Agencies or
designees, by state government auditors or designees, or by federal government auditors or
designees. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the relevant time period set forth in the third sentence of this
paragraph, the related records must be retained until the completion of the action and resolution
of all issues which arise from it if such date is later than the end of the afore-mentioned three-
year period.
ARTICLE 8
MISCELLANEOUS
8.1 Entire Agreement. This Agreement constitutes and contains the entire agreement
between the Parties hereto with respect to the transactions contemplated hereby and supersedes
any prior oral or written understanding or agreement of the Parties with respect to the
transactions contemplated hereby.
8.2 Amendment. The Parties may, by mutual agreement in writing, amend this
Agreement in any respect.
8.3 Waiver. The Parties hereto may, from time to time, waive any of their rights
under this Agreement unless such waiver is contrary to law, provided that any such waiver shall
be in writing and signed by the Party making such waiver.
8.4 Counterparts. This Agreement may be executed in one or more counterparts, any
one of which need not contain the signatures of more than one Party, but all of which when taken
together shall constitute one and the same instrument, notwithstanding that all Parties have not
signed the same counterpart hereof.
8.5 Headings. The article and section headings contained in this Agreement are
inserted as a matter of convenience and shall not affect in any way the construction or terms of
this Agreement.
8.6 Further Assurances. Each of the Parties shall execute such other instruments,
documents and other papers and shall take such further actions as may be reasonably required or
desirable to carry out the provisions hereof and to consummate the transactions contemplated
18
Project Delivery and Construction Agreement July 22, 2013
hereby.
8.7 Survival. The representations, warranties, covenants and agreements made herein
or in any certificate or document executed in connection herewith shall survive the execution and
delivery hereof or thereof, as the case may be, and all statements contained in any certificate or
document delivered by any Party hereto shall be deemed to constitute a representation and
warranty made herein by such Party.
8.8 Governing Law. The laws of the State shall govern this Agreement, the
interpretation thereof and any right or liability arising hereunder. Any action or proceeding to
enforce or interpret any provision of this Agreement shall be brought, commenced or prosecuted
in the courts of the State located in the County of Sacramento. All parties expressly assert that
Sacramento County is not a forum inconvenience.
8.9 Compliance with Laws. At all times during the performance of this Agreement
by the Parties, they shall strictly comply with all applicable governmental, administrative and
judicial laws, ordinances, rules, regulations, orders, covenants and findings, including, without
limitation, all applicable environmental laws and regulations.
8.10 Partial Invalidity. If any provisions of this Agreement are found by any
competent authority to be void or unenforceable, such provision shall be deemed to be deleted
from this Agreement and the remaining provisions of this Agreement shall continue in full force
and effect.
8.11 Notices. All notices and other official communications between the Parties shall
be in writing and shall be given by hand delivery or by recognized overnight courier who
maintains verification of delivery (deemed to be duly received on the date delivered), or by
registered mail, postage prepaid, return receipt requested (deemed to be duly received five (5)
days after such mailing) or by telecopy (deemed to be received on the date sent providing that
the facsimile was properly addressed and disclosed the number of pages transmitted on its front
sheet and that the transmission report produced indicates that each of the pages of the facsimile
was received at the correct facsimile number) to each of the respective Parties as follows:
If to the Board: State Public Works Board
915 L. St., 9th Floor
Sacramento, CA 95814
Attention: Executive Director
Facsimile: 916-449-5739
[If to the Department: California Department of Corrections and Rehabilitation
9838 Old Placerville Road, Suite B
Sacramento, CA 95827
Attention: Deputy Director, Facility Planning, Construction and
Management
Facsimile: 916-322-5717]
19
Project Delivery and Construction Agreement July 22, 2013
If to the BSCC: Board of State and Community Corrections
600 Bercut Dr.
Sacramento, CA 95811
Attention: Executive Director
Facsimile: 916-327-3317
If to the Participating County: County of [ENTER COUNTY NAME]
[ENTER STREET ADDRESS]
[ENTER CITY, STATE AND ZIP CODE]
Attention: [ENTER POSITION TITLE]
Facsimile: [ENTER FAX NUMBER]
or to such other address or number for any of the Parties hereto as may from time to time be
designated by notice given by such Party to the other Parties in the manner hereinabove
provided.
8.12 Force Majeure. None of the Parties shall be liable or responsible for any delay or
failure resulting from (and the times for performance by the Parties hereunder shall be extended
by the duration of) causes beyond the control of, and without the fault or negligence of, such
Party, including without limitation acts of God, acts of the public enemy, acts of war or
terrorism, acts of the government or governmental or quasi-governmental agency or
instrumentality, significant market disruptions, fires, floods, earthquakes, epidemics, quarantine
restrictions, strikes, civil commotion, casualties, embargoes, severe or inclement weather beyond
that usually encountered in [ENTER COUNTY NAME] County, California, shortages in labor or
materials, or similar cause.
8.13 Exculpation. Notwithstanding anything to the contrary contained in this
Agreement, in any Bond Document, Project Document or other certificate, agreement, document
or instrument executed in connection with the [ENTER PROGRAM NAME] Financing
Program, the liability of the Board hereunder shall be limited to and satisfied solely out of
proceeds of the Interim Loan, if any, or the Bonds, if any, permitted to be used for such purpose.
Except as provided above, the Participating County shall not have the right to obtain payment
from the Agencies or from any other assets of the Agencies. The Participating County shall not
enforce the liability and obligation of the Agencies to perform and observe the obligations
contained in this Agreement, or any other documents delivered in connection herewith in any
action or proceeding wherein a money judgment in excess of the available proceeds of the
foregoing sources shall be sought against the Agencies.
8.14 Benefits of this Agreement Limited to the Parties. Except for the Parties to this
Agreement, nothing contained in this Agreement, expressed or implied, is intended to give to any
person (including without limitation the owners of the Bonds) any right, remedy or claim under
or by reason hereof. Any agreement or covenant required herein to be performed by or on behalf
of any Party shall be for the sole and exclusive benefit of the other Parties to this Agreement.
[SIGNATURE PAGE TO IMMEDIATELY FOLLOW]
20
Project Delivery and Construction Agreement July 22, 2013
IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement, either
individually or by an authorized representative, on the day and year first set forth above.
STATE PUBLIC WORKS BOARD OF
THE STATE OF CALIFORNIA
By: __________________________________
[Name]
[Executive Director or Deputy Director]
[DEPARTMENT OF CORRECTIONS AND
REHABILITATION OF THE STATE OF
CALIFORNIA
By: __________________________________
[Name]
[Title]
BOARD OF STATE AND COMMUNITY
CORRECTIONS OF THE STATE OF
CALIFORNIA
By: __________________________________
[Name]
[Title]
COUNTY OF [COUNTY NAME]
By: __________________________________
[Name]
[Title]
A-1
Project Delivery and Construction Agreement July 22, 2013
EXHIBIT A
PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION{TC \L 0
"0000000000001"}
[Include narrative description of Project per Section 4.1]
B-1
Project Delivery and Construction Agreement July 22, 2013
EXHIBIT B
FORM OF GROUND LEASE{TC \L 0 "0000000000001"}
C-1
Project Delivery and Construction Agreement July 22, 2013
EXHIBIT C
FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION{TC \L 0
"0000000000001"}
D-1
Project Delivery and Construction Agreement July 22, 2013
EXHIBIT D
FORM OF FACILITY SUBLEASE{TC \L 0 "0000000000001"}
E-1-1
Project Delivery and Construction Agreement July 22, 2013
EXHIBIT E-1
DESCRIPTION OF PARTICIPATING COUNTY FUNDING {TC \L 0 "0000000000001"}
Cash Contribution
CERTIFICATE OF THE COUNTY OF [ENTER COUNTY NAME] REGARDING ITS
CASH (HARD) MATCH FOR THE [ENTER COUNTY NAME] COUNTY JAIL
PROJECT
All capitalized terms not otherwise defined herein shall have the meaning given them in the
Project Delivery and Construction Agreement.
WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the State Public Works Board
(the “Board”) is authorized to finance the acquisition, design and construction of a [ENTER TYPE
OF FACILITY] facility approved by the Board of State and Community Corrections (the “BSCC”)
pursuant to Section [ENTER SECTION] of the California Government Code (the “[ENTER
PROGRAM NAME] Financing Program”); and
WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1,
Subchapter [ENTER SUBCHAPTER], only the cost of certain design and construction activities are
potentially eligible for reimbursement under the [ENTER PROGRAM NAME] Financing Program –
acquisition, pre-design and other specified design and construction costs are not eligible; and
WHEREAS, the County of [ENTER COUNTY NAME] (the “Participating County”) has
proposed to build a [ENTER TYPE OF FACILITY] facility, the [ENTER PROJECT NAME]
project, (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled
by the Participating County through fee-simple ownership (the “Site”); and
WHEREAS, pursuant to the Law, the Participating County is paying a portion of the costs of the
Project (the “Cash (hard) Match”) as described in Exhibit 1; and
WHEREAS, the Board intends to assist in the oversight and financing of the Project, subject to
satisfaction of certain conditions and requirements of the Board, and the Board may in its sole,
reasonable discretion, issue lease revenue bonds for the Project (the “Bonds”); and
WHEREAS, the interests of both the Board and the Participating County require confirmation of
certain facts and certain assurances concerning the Cash (hard) Match.
NOW, THEREFORE, the Participating County, acting through its duly authorized
representative, does hereby represent, warrant and covenant as follows:
(A) Lawfully Available Funds. The Cash (hard) Match, as described in Exhibit 1, has
been derived exclusively from lawfully available funds of the Participating County.
E-1-2
Project Delivery and Construction Agreement July 22, 2013
(B) Cash (hard) Match Is Legal and Authorized. The payment of the Cash (hard) Match
for the Project (i) is within the power, legal right, and authority of the Participating County; (ii) is
legal and will not conflict with or constitute on the part of the Participating County a material
violation of, a material breach of, a material default under, or result in the creation or imposition of
any lien, charge, restriction, or encumbrance upon any property of the Participating County under
the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note,
lease, loan, installment sale agreement, contract, or other material agreement or instrument to which
the Participating County is a party or by which the Participating County or its properties or funds are
otherwise subject or bound, decree, or demand of any court or governmental agency or body having
jurisdiction over the Participating County or any of its activities, properties or funds; and (iii) have
been duly authorized by all necessary and appropriate action on the part of the governing body of the
Participating County. The authorized representative of the Participating County executing this
Certificate is fully authorized and empowered to take such actions for and on behalf of the
Participating County.
(C) Governmental Consents. The execution, delivery, and performance by the
Participating County of this certificate and the use of the Cash (hard) Match for certain costs of the
Project do not require the consent, approval, permission, order, license, or authorization of, or the
filing, registration, or qualification with, any governmental authority other than the Participating
County in connection with the execution, delivery, and performance of this Certificate, the
consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the
Bonds, except as shall have been obtained or made and as are now in full force and effect.
(D) No Prior Pledge. The Cash (hard) Match and the Project are not and will not be
mortgaged, pledged, or hypothecated by the Participating County in any manner or for any purpose
and have not been and will not be the subject of a grant of a security interest by the Participating
County. In addition, the Cash (hard) Match and the Project are not and will not be mortgaged,
pledged, or hypothecated for the benefit of the Participating County or its creditors in any manner or
for any purpose and have not been and will not be the subject of a grant of a security interest in favor
of the Participating County or its creditors. The Participating County shall not in any manner impair,
impede or challenge the security, rights and benefits of the owners of the Bonds or the trustee for the
Bonds.
IN WITNESS WHEREOF, the undersigned duly authorized representative of the Participating
County has executed and delivered this Certificate to the Board on the date set forth below.
Date: [ENTER DATE FROM PDCA COVER PAGE]
COUNTY OF [ENTER COUNTY NAME]
By:
[NAME]
[TITLE]
E-1-3
Project Delivery and Construction Agreement July 22, 2013
Exhibit 1-Description of Cash (hard) Match
[ENTER COUNTY NAME] County’s Cash (hard) Match for the Project will be funded from
[ENTER NUMBER OF SOURCES] sources: (1) __________, (2) __________, and
(3) __________.
E-1-4
Project Delivery and Construction Agreement July 22, 2013
CERTIFICATE OF THE COUNTY OF [ENTER COUNTY NAME] REGARDING ITS
OTHER PARTICIPATING COUNTY FUNDING FOR THE [ENTER COUNTY NAME]
COUNTY JAIL PROJECT
All capitalized terms not otherwise defined herein shall have the meaning given them in the
Project Delivery and Construction Agreement.
WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the State Public Works Board
(the “Board”) is authorized to finance the acquisition, design and construction of a [ENTER TYPE
OF FACILITY] facility approved by the Board of State and Community Corrections (the “BSCC”)
pursuant to Section [ENTER SECTION] of the California Government Code (the “[ENTER
PROGRAM NAME] Financing Program”); and
WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1,
Subchapter [ENTER SUBCHAPTER], only the cost of certain design and construction activities are
potentially eligible for reimbursement under the [ENTER PROGRAM NAME] Financing Program –
acquisition, pre-design and other specified design and construction costs are not eligible; and
WHEREAS, the County of [ENTER COUNTY NAME] (the “Participating County”) has
proposed to build a [ENTER TYPE OF FACILITY] facility, the [ENTER PROJECT NAME]
project, (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled
by the Participating County through fee-simple ownership (the “Site”); and
WHEREAS, pursuant to the Law, the Participating County is contributing funding in addition to
its Cash (hard) Match and In-Kind (soft) Match (the “Other Participating County Funding”); and
WHEREAS, the Board intends to assist in the oversight and financing of the Project, subject to
satisfaction of certain conditions and requirements of the Board, and the Board may in its sole,
reasonable discretion, issue lease revenue bonds for the Project (the “Bonds”); and
WHEREAS, the interests of both the Board and the Participating County require confirmation of
certain facts and certain assurances concerning the Other Participating County Funding.
NOW, THEREFORE, the Participating County, acting through its duly authorized
representative, does hereby represent, warrant and covenant as follows:
(A) Lawfully Available Funds. The Other Participating County Funding, as described in
Exhibit 1, has been derived exclusively from lawfully available funds of the Participating County.
(B) Other Participating County Funding Is Legal and Authorized. The payment of the
Other Participating County Funding for the Project (i) is within the power, legal right, and authority
of the Participating County; (ii) is legal and will not conflict with or constitute on the part of the
Participating County a material violation of, a material breach of, a material default under, or result
in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of
the Participating County under the provisions of any charter instrument, bylaw, indenture, mortgage,
deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material
E-1-5
Project Delivery and Construction Agreement July 22, 2013
agreement or instrument to which the Participating County is a party or by which the Participating
County or its properties or funds are otherwise subject or bound, decree, or demand of any court or
governmental agency or body having jurisdiction over the Participating County or any of its
activities, properties or funds; and (iii) have been duly authorized by all necessary and appropriate
action on the part of the governing body of the Participating County. The authorized representative
of the Participating County executing this Certificate is fully authorized and empowered to take such
actions for and on behalf of the Participating County.
(C) Governmental Consents. The execution, delivery, and performance by the
Participating County of this certificate and the use of the Other Participating County Funding for
certain costs of the Project do not require the consent, approval, permission, order, license, or
authorization of, or the filing, registration, or qualification with, any governmental authority other
than the Participating County in connection with the execution, delivery, and performance of this
Certificate, the consummation of any transaction herein contemplated, or the offer, issue, sale, or
delivery of the Bonds, except as shall have been obtained or made and as are now in full force and
effect.
(D) No Prior Pledge. The Other Participating County Funding and the Project are not
and will not be mortgaged, pledged, or hypothecated by the Participating County in any manner or
for any purpose and have not been and will not be the subject of a grant of a security interest by the
Participating County. In addition, the Other Participating County Funding and the Project are not
and will not be mortgaged, pledged, or hypothecated for the benefit of the Participating County or its
creditors in any manner or for any purpose and have not been and will not be the subject of a grant
of a security interest in favor of the Participating County or its creditors. The Participating County
shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of
the Bonds or the trustee for the Bonds.
IN WITNESS WHEREOF, the undersigned duly authorized representative of the Participating
County has executed and delivered this Certificate to the Board on the date set forth below.
Date: [ENTER DATE FROM PDCA COVER PAGE]
COUNTY OF [ENTER COUNTY NAME]
By:
[NAME]
[TITLE]
E-1-6
Project Delivery and Construction Agreement July 22, 2013
Exhibit 1-Description of Other Participating County Funding
[ENTER COUNTY NAME] County’s Other Participating County Funding for the Project will
be funded from [ENTER NUMBER OF SOURCES] sources: (1) __________, (2) __________,
and (3) __________.
E-2-1
Project Delivery and Construction Agreement July 22, 2014
EXHIBIT E-2
DESCRIPTION OF PARTICIPATING COUNTY FUNDING {TC \L 0 "0000000000001"}
In-kind (soft) Match
[DESCRIPTION TO BE INSERTED]
Ground Lease July 22, 2014
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
)
)
)
Attention: )
[Space above for Recorder’s use]
GROUND LEASE
by and between the
[ENTER COUNTY NAME]
as Landlord,
and
[“DEPARTMENT OF CORRECTIONS AND REHABILITATION” OR “BOARD OF STATE
AND COMMUNITY CORRECTIONS”]
OF THE STATE OF CALIFORNIA,
as Tenant
Dated as of _________________, 20__
(FOR A [ENTER TYPE OF FACILITY] FACILITY
LOCATED IN THE COUNTY OF [ENTER COUNTY NAME])
_________________________________________________________________________________
_________________________________________________________________________________
NO DOCUMENTARY TRANSFER TAX DUE. This Ground
Lease is recorded for the benefit of the State of California and
is exempt from California transfer tax pursuant to
Section 11928 of the California Revenue and Taxation code
and from recording fees pursuant to Sections 6103 and 27383
of the California Government Code
i
Ground Lease July 22, 2014
TABLE OF CONTENTS
Page
SECTION 1. Definitions.............................................................................................................. 2
SECTION 2. Effective Date ........................................................................................................ 4
SECTION 3. Representations, Warranties and Covenants .......................................................... 4
SECTION 4. Lease of the Site, Access, Utilities and Repairs Easements and
Recordation of Lease ............................................................................................. 7
SECTION 5. Landlord Right of Entry for Construction and Operation ...................................... 8
SECTION 6. Purpose and Use ..................................................................................................... 8
SECTION 7. Assignment or Sublease ......................................................................................... 8
SECTION 8. No Commitment to Issue the Bonds and Non-Liability of the Department
and the State ........................................................................................................... 9
SECTION 9. Cooperation ............................................................................................................ 9
SECTION 10. Term and Extension ............................................................................................... 9
SECTION 11. Rental ..................................................................................................................... 9
SECTION 12. Taxes and Assessment ......................................................................................... 10
SECTION 13. Right of First Offer and Priority of Ground Lease .............................................. 10
SECTION 14. Damage or Destruction ........................................................................................ 10
SECTION 15. Insurance .............................................................................................................. 10
SECTION 16. Condition and Title to the Improvements on Termination .................................. 11
SECTION 17. The Department’s Right to Terminate ................................................................. 11
SECTION 18. The Participating County’s Right to Terminate ................................................... 11
SECTION 19. Non-Termination, Default and Damages ............................................................. 11
SECTION 20. Waste and Hazardous Materials........................................................................... 11
SECTION 21. Eminent Domain .................................................................................................. 12
SECTION 22. Non-Discrimination ............................................................................................. 12
SECTION 23. Liens ..................................................................................................................... 12
SECTION 24. Indemnification .................................................................................................... 13
SECTION 25. Non-Encumbrance ............................................................................................... 13
SECTION 26. Miscellaneous ...................................................................................................... 13
ii
Ground Lease July 22, 2014
TABLE OF CONTENTS
(continued)
Page
Exhibit A Project Description.............................................................................................. A-1
Exhibit B Legal Description of the Site ...............................................................................B-1
Exhibit C Form of Easement Agreement for Grants of Access, Utilities and Repairs ........C-1
Exhibit D Form of Legal Opinion Letter ............................................................................. D-1
Exhibit E List of the Permitted Encumbrances .................................................................... E-1
Exhibit F Pending and Threatened Lawsuits ....................................................................... F-1
1
Ground Lease July 22, 2014
GROUND LEASE
THIS GROUND LEASE, dated as of ________, 20__ for reference only (this “Ground
Lease”), is entered into by and between COUNTY OF [ENTER COUNTY NAME] (the
“Participating County”), a Political Subdivision of the State of California (the “State”), as
Landlord, and the [“DEPARTMENT OF CORRECTIONS AND REHABILITATION” OR
“BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF
CALIFORNIA (the “Department”), an entity of state government of the State , as Tenant. The
Participating County and the Department are sometimes referred to collectively as the “Parties”,
and individually as a “Party”.
RECITALS
WHEREAS, pursuant to [ENTER STATUTE], the State Public Works Board (the
“Board”) is authorized to finance the acquisition, design and construction of a jail facility
approved by the Board of State and Community Corrections (the “BSCC”) pursuant to Section
[ENTER SECTION] and following, as amended, (the “[ENTER PROGRAM NAME] Financing
Program”), the Participating County, [the Department, ]BSCC and the Board entered into the
Project Delivery and Construction Agreement (the “PDCA”) dated as of ___________, 20__, for
reference only; and
WHEREAS, further to the PDCA, the Participating County has proposed to build a
[ENTER TYPE OF FACILITY] facility as more particularly described in Exhibit A attached
hereto (the “Project”), to be located on real property owned in fee simple by the Participating
County and legally described in Exhibit B attached hereto (the “Site”); and
WHEREAS, further to the PDCA, the Department desires to ground lease the Site from
the Participating County to assist the Participating County in obtaining eligibility for the Board
lease revenue bond financing to finance a portion of the construction of the Project (the
“Bonds”); and
WHEREAS, the Department and the Board desire that the term of this Ground Lease not
terminate or expire until the Bonds have been paid in full or retired under the provisions of the
Bond Documents; and
WHEREAS, the Participating County is desirous of maintaining its eligibility to receive
financing for the Project, and to achieve this end, the Participating County is willing to lease the
Site to the Department; and
WHEREAS, concurrently with the execution of this Ground Lease, the Department as the
Licensor and the Participating County as the Licensee, have entered into a Right of Entry for
Construction and Operation (the “Right of Entry”) in substantially the form attached as Exhibit C
to the PDCA, authorizing the Participating County to enter the Site for the purpose of
constructing the Project and for operation of the Project upon substantial completion of
construction; and
WHEREAS, if the Participating County maintains its eligibility in the [ENTER
PROGRAM NAME] Financing Program, and the Board in its sole discretion, is able to issue the
2
Ground Lease July 22, 2014
Bonds to finance the Project in its typical and customary manner, the Department will
concurrently sublease the Site to the Board, (the “Site Lease”), and enter into a Facility Lease
(the “Facility Lease”) providing for the Board to sublease to the Department the Site and the
Project (together the “Facility”). The Site Lease and the Facility Lease will provide security for
the Bonds to be issued by the Board under an indenture (the “Indenture”) between the Board and
the Treasurer of the State, as trustee (the “State Treasurer”); and
WHEREAS, if the Board is able to issue the Bonds for the Project in its typical and
customary manner, concurrently with executing the Site Lease and the Facility Lease, the
Department and the Participating County intend to enter into a Facility Sublease (the “Facility
Sublease”) whereby the Department will sublet the Facility to the Participating County pursuant
to the terms of the Facility Sublease; and
NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto,
the Participating County hereby leases to the Department, and the Department hereby leases
from the Participating County, the Site subject to the terms, covenants, agreements and
conditions hereinafter set forth, to each and all of which the Participating County and the
Department hereby mutually agree.
SECTION 1. Definitions.
As used herein, the following terms shall have the following meanings:
(a) “[ENTER PROGRAM NAME] Financing Program” has the meaning given to
such term in the Recitals.
(b) “Abatement Event” shall have the meaning given to such term in the Facility
Lease.
(c) “Board” means the State Public Works Board of the State of California, an entity
of state government of the State.
(d) “Bond Documents” mean each and every document evidencing the Bonds,
including, but not limited to, the Site Lease, the Facility Lease, the Facility Sublease, and the
Indenture.
(e) “Bonds” has the meaning given to such term in the Recitals.
(f) “BSCC” has the meaning given to such term in the Recitals.
(g) “Claims” has the meaning given to such term in Section 23 of this Ground Lease.
(h) “Department” has the meaning given to such term in the preamble.
(i) “DGS” means the Department of General Services of the State of California, an
entity of state government of the State.
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Ground Lease July 22, 2014
(j) “Easements” mean the access, utilities and repairs easements described in
Subsection 4(b) of this Ground Lease.
(k) “Easement Agreement” means an easement agreement memorializing the grant of
Easements by the Participating County, as grantor, to the Department, as grantee, in the form of
Exhibit C attached hereto.
(l) “Easement Property” means real property owned by the Participating County that
is burdened by the Easement Agreement as described in Exhibit 2 to the Easement Agreement.
(m) “Effective Date” means the date this Ground Lease is valid, binding and effective
as provided in Section 2 of this Ground Lease.
(n) “Facility” has the meaning given to such term in the Recitals.
(o) “Facility Lease” has the meaning given to such term in the Recitals.
(p) “Facility Sublease” has the meaning given to such term in the Recitals.
(q) “Ground Lease” has the meaning given to such term in the preamble, including all
exhibits attached hereto.
(r) “Hazardous Materials” mean any substance, material, or waste which is or
becomes, regulated by any local governmental authority, the State, or the United States
Government, including, but not limited to, any material or substance which is (i) defined as a
“hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” under Section
25115, 25117 or 25122.7 of the California Health and Safety Code, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law), (ii) defined as “hazardous substance” under Section 25316 of the California
Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Talmer Hazardous
Substance Account Act), (iii) defined as a “hazardous material”, “hazardous substance”, or
“hazardous waste” under Section 25501 of the California Health and Safety Code.
(s) “Improvements” mean the physical construction of the Project and other
buildings, improvements, structures, furnishings and equipment placed in, under or upon the Site
by the Participating County under the terms and conditions in the Right of Entry or this Ground
Lease.
(t) “Indemnitees” has the meaning given to such term in Section 24 of this Ground
Lease.
(u) “Indenture” has the meaning given to such term in the Recitals.
(v) “Landlord” has the meaning given to such term in the preamble.
(w) “Leasehold Estate” means the real property right and interest held by the
Department as Tenant to possess, use and access the Site and the Project under the terms and
conditions of this Ground Lease.
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Ground Lease July 22, 2014
(x) “Participating County” has the meaning given to such term in the preamble.
(y) “Parties” has the meaning given to such term in the preamble.
(z) “Party” has the meaning given to such term in the preamble.
(aa) “PDCA” has the meaning given to such term in the Recitals.
(bb) “Permitted Encumbrances” has the meaning given to such term in Subsection
3(b)(4) of this Ground Lease.
(cc) “Project” means the buildings, structures, works and related improvements
constructed or to be constructed on the Site, as are more particularly described in Exhibit A
attached hereto, and any and all additions, betterments, extensions and improvements thereto.
(dd) “Resolution” has the meaning given to such term in Subsection 3(b)(1) of this
Ground Lease.
(ee) “Right of Entry” has the meaning given to such term in the Recitals.
(ff) “Right of First Offer” has the meaning given to such term in Section 13 of this
Ground Lease.
(gg) “Site” has the meaning given to such term in the Recitals.
(hh) “Site Lease” has the meaning given to such term in the Recitals.
(ii) “State” means the state government of the State of California.
(jj) “State Treasurer” has the meaning given to such term in the Recitals.
(kk) “Tenant” has the meaning given to such term in the preamble.
(ll) “Term” has the meaning given to such term in Section 10 of this Ground Lease.
SECTION 2. Effective Date.
The Parties hereby confirm and agree that this Ground Lease is effective and binding on
the Parties upon the first day (the “Effective Date”) on which this Ground Lease has been
consented to by the Board and a duly authorized representative of the Board has consented to this
Ground Lease by executing it below.
SECTION 3. Representations, Warranties and Covenants.
(a) Representations and Warranties of the Department. In addition to any express
agreements of Tenant herein, the Department makes the following representations and warranties
to the Participating County as of the Effective Date:
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Ground Lease July 22, 2014
(1) The Department has full legal right, power and authority to enter into this
Ground Lease as Tenant and to carry out and consummate all transactions contemplated by this
Ground Lease and by proper action has duly authorized the execution and delivery of this
Ground Lease. The Department shall cause an opinion, dated as of [the date in the preamble of
this Ground Lease] and in substantially the form of Exhibit D attached to this Ground Lease, to
be delivered to the Board contemporaneously with the Department’s execution of this Ground
Lease;
(2) The officers of the Department executing this Ground Lease are duly and
properly holding their respective offices and are fully authorized to execute this Ground Lease;
and
(3) This Ground Lease has been duly authorized, executed and delivered by
the Department, and will constitute a legal, valid and binding agreement of the Department,
enforceable against the Department in accordance with its terms on the Effective Date.
(b) Representations, Warranties and Covenants of the Participating County. In
addition to any express agreements of Landlord herein, the Participating County makes the
following representations, warranties and covenants to the Department as of the Effective Date:
(1) The Participating County, by Resolution of the Board of Supervisors
(“Resolution”), has full legal right, power and authority to enter into this Ground Lease as
Landlord, to transfer and convey the Leasehold Estate to the Department under this Ground
Lease, and to carry out and consummate all transactions contemplated by this Ground Lease and
by proper action has duly authorized the execution and delivery of this Ground Lease. The
Participating County shall cause an opinion, dated as of [the date in the preamble of this Ground
Lease] and in substantially the form of Exhibit D attached to this Ground Lease, to be delivered
to the Board contemporaneously with the Participating County’s execution of this Ground Lease.
(2) The officers of Participating County executing this Ground Lease are duly
and properly holding their respective offices and have the legal power, right and are fully
authorized to execute this Ground Lease pursuant to the Resolution.
(3) This Ground Lease has been duly authorized, executed and delivered by
Participating County, and will constitute a legal, valid and binding agreement of Participating
County, enforceable against the Participating County in accordance with its terms upon the
Effective Date.
(4) The Participating County is the owner in fee simple of the Site and has
marketable and insurable fee simple title to the Site, there is no suit, action, arbitration, legal,
administrative, or other proceeding or inquiry pending against the Site or pending against the
Participating County which could affect the Participating County’s title to the Site, affect the
value of the Site, or subject an owner of the Site to liability and there are no outstanding
mortgages, deeds of trust, bond indebtedness, leaseholds, pledges, conditions or restrictions,
liens or encumbrances against the Site except as identified in Exhibit E, attached hereto,
collectively, the “Permitted Encumbrances”.
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Ground Lease July 22, 2014
(5) No consent, permission, authorization, order, license, or registration with
any governmental authority is necessary in connection with the execution and delivery of this
Ground Lease, except as have been obtained.
(6) There exists no litigation or other proceeding pending or threatened
against the Participating County except as identified in Exhibit F, attached hereto, that, if
determined adversely, would materially and adversely affect the ability of the Participating
County to perform its obligations under this Ground Lease.
(7) This Ground Lease is, and all other instruments, documents, exhibits, and
agreements required to be executed and delivered by the Participating County in connection with
this Ground Lease are and shall be, duly authorized, executed and delivered by the Participating
County and shall be valid, legally binding obligations of and enforceable against the
Participating County in accordance with their terms.
(8) Neither the execution and delivery of this Ground Lease and documents
referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation of
the transactions herein contemplated, nor compliance with the terms of this Ground Lease and
the documents referenced herein conflict with or result in the material breach of any terms,
conditions or provisions of, or constitute a default under, any agreements or instruments to which
the Participating County is a party or affecting the Site.
(9) There are no attachments, execution proceedings, or assignments for the
benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against
the Participating County.
(10) There are no and have been no:
(A) actual or pending public improvements which will result in the
creation of any liens, encumbrances or assessments upon the Site, including public assessments
or mechanics liens, other than the Permitted Encumbrances, and the Participating County agrees
to indemnify, defend and hold the Department free and harmless from and against any claims,
liabilities, losses, costs, damages, expenses and attorneys’ fees arising from any liens,
encumbrances or assessments that have been, or may be, imposed upon the Site as a consequence
of actual or impending public improvements at or after the Effective Date, including any
obligations to pay a fee or assessment for infrastructure to the extent such liability survives or
continues at or after the Effective Date, and the Department agrees to cooperate with the
Participating County, at the Participating County’s costs and to the extent permitted by law, with
respect to the Participating County’s efforts to remove any such liens, fees, assessments, or
encumbrances.
(B) uncured notices from any governmental agency notifying the
Participating County of any violations of law, ordinance, rule, or regulation, including
Environmental Laws, occurring on the Site.
(C) notices of any condemnation, zoning or other land-use regulation
proceedings, either instituted or planned to be instituted, which would detrimentally affect the
use, operation or value of the Site.
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Ground Lease July 22, 2014
(11) The Participating County hereby agrees that it will not enter into any new
leases or any other obligations or agreements that will affect the Site at or after the Effective
Date, without the express prior written consent of the Department and approval of the Board.
(12) The Participating County will not subject the Site to any additional liens,
encumbrances, covenants, conditions, easements, rights of way or similar matters after the
Effective Date without the express prior written consent of the Department and the approval of
the Board.
(13) The Participating County shall promptly notify the Department of any
event or circumstance that makes any representation or warranty of the Participating County
under this Ground Lease untrue or misleading, or of any covenant of the Participating County
under this Ground Lease incapable or less likely of being performed. The Participating County’s
obligation to provide the notice described in the preceding sentence to the Department shall in no
way relieve the Participating County of any liability for a breach by the Participating County of
any of its representations, warranties or covenants under this Ground Lease.
(14) The Department shall at all times during the Term have access to and from
the Site.
(15) No representation, warranty or statement of the Participating County in
this Ground Lease or in any document, certificate, exhibit or schedule furnished or to be
furnished to the Department pursuant hereto contains or will contain any untrue statement of a
material fact or omits or will omit to state a material fact necessary to make the statements or
facts contained therein not misleading.
SECTION 4. Lease of the Site, Access, Utilities and Repairs Easements and
Recordation of Lease.
(a) Lease of the Site and Recordation of Ground Lease. The Participating County
hereby leases the Site to the Department and the Department leases the Site from the
Participating County. The Participating County further agrees to provide, or cause to be
provided, to the Department and its assigns or sublessees, adequate parking spaces at no cost,
and such utility services as the Participating County customarily provides or causes to be
provided to facilities similar to the Project, including without limitation electricity, gas, water,
sewer, garbage disposal, heating, air conditioning and telephone. The Department and the Board
shall have the right to record this Ground Lease in the Official Records of the Participating
County as of the Effective Date or anytime thereafter.
[Use Note: Section 4(b) and the Easement Agreement
are necessary if Site access and utilities are provided by other real property. The execution form
of the Easement Agreement is attached as Exhibit C.]
(b) Access, Utilities and Repairs Easement. As of the Effective Date, the
Participating County agrees to grant to the Department, for the use, benefit and enjoyment of the
Department and its lessees, successors and assigns, and their respective employees, invitees,
agents, independent contractors, patrons, customers, guests and members of the public using or
8
Ground Lease July 22, 2014
visiting the Site or the Project, a non-exclusive easement over, across and under the Easement
Property for the purpose of: a) ingress, egress, passage or access to and from the Site by
pedestrian or vehicular traffic; b) installation, maintenance and replacement of utility wires,
cables, conduits and pipes; and c) other purposes and uses necessary or desirable for access to
and from the Site for the repair, operation and maintenance of the Facility (collectively the
“Easements”). The grant of the Easements shall be memorialized in that certain Easement
Agreement for Grants of Access, Utilities and Repairs (the “Easement Agreement”) in
substantially the form of Exhibit C attached to this Ground Lease. The Department and the
Board shall have the right to record the Easement Agreement in the Official Records of the
Participating County as of the Effective Date or anytime thereafter. The Easements to be granted
by the Participating County are subject to the limitations set forth in the Easement Agreement.
In the event of a conflict or ambiguity, with respect to the terms of the Easements, between this
Ground Lease and the Easement Agreement, the terms of the Easement Agreement shall control.
SECTION 5. Landlord Right of Entry for Construction and Operation.
(a) Landlord Right of Entry for Construction and Operation. Notwithstanding
anything to the contrary contained herein, Landlord has reserved the right to enter and use the
Site for construction of the Project pursuant to the terms and conditions in the Right of Entry.
(b) Quiet Enjoyment. The Participating County covenants that the Department, its
assigns or sublessees, may quietly have, hold, and enjoy all of the Site and the Improvements
during the Term of this Ground Lease and any extended term hereof, without hindrance or
interruption by the Participating County or by any other person or persons lawfully or equitably
claiming by, through or under the Participating County, except as limited by the Permitted
Encumbrances.
SECTION 6. Purpose and Use.
The Parties reasonably expect for the Site to be used by the Department, and each of its
assignees or sublessees during the Term of this Ground Lease, for the purpose of causing the
construction, operation and maintenance of the Project and appurtenances thereto; provided
however, the Parties acknowledge that the Site may be utilized for other types of correctional
housing or other public purposes as may be required to exercise the Board’s obligations, rights
and remedies under the Bond Documents.
The Participating County acknowledges and confirms that the Department’s use of the
Leasehold Estate created hereunder includes, but is not limited to, allowing for potential
financing and construction of the Project and the leasing of the Site and/or the Facility pursuant
to the Site Lease, the Facility Lease, and the Facility Sublease and for such other purposes as
may be incidental thereto. The Participating County further acknowledges and confirms the
Board’s right to relet the Facility in the event of a default under the Facility Lease and to provide
for all other rights and remedies of the Board, the State Treasurer, and the owners of the Bonds
in the event of a default under the Bond Documents.
SECTION 7. Assignment or Sublease.
The Department may sublet or assign all or a portion of the Site or the Project or assign
9
Ground Lease July 22, 2014
this Ground Lease or any interest therein, without the prior consent or approval of the
Participating County; provided, however, any sublet or assignment shall be subject to the prior
approval of the Board and Participating County is provided notice of said sublet or assignment.
Notwithstanding that the Participating County’s consent or approval is not required for any
subletting of the Site or the Project, to assist with the Board’s financing of the Project, the
Participating County hereby consents to and approves the sublease of the Site, together with the
Improvements, to the Board under the Site Lease and the further subletting of the Facility by the
Board to the Department under the Facility Lease.
SECTION 8. No Commitment to Issue the Bonds and Non-Liability of the Department
and the State.
The delivery of this Ground Lease shall not directly, indirectly or contingently, obligate
the Department, the Board or any other subdivision of the State to issue the Bonds or levy any
form of taxation or to make any appropriation with respect to the Project. Any obligation of the
Department created by or arising out of this Ground Lease shall not impose a debt or pecuniary
liability upon the Department, the Board or any other subdivision of the State, or a charge upon
the general credit or taxing powers thereof but shall be payable solely out of funds duly
authorized and appropriated by the State.
SECTION 9. Cooperation.
The Participating County has a duty to fully cooperate and provide all necessary
assistance to the Department and the Board to aid them in their efforts to finance the Project.
The Participating County acknowledges that it is authorized and directed to provide cooperation
concerning the issuance of the Bonds, including without limitation, executing and delivering
such certificates, legal opinions or instruments as the Department or the Board may reasonably
request. The Participating County’s legal counsel, Chief Administrative Officer and its Sheriff
are authorized and directed to cooperate in the issuance of the Bonds and to execute all
documents reasonably needed to accomplish such financing.
SECTION 10. Term and Extension.
The Term of this Ground Lease shall commence on the Effective Date and shall co-
terminate on the same date as the Facility Lease, unless such Term is extended by the parties
thereto, or unless sooner terminated as provided herein, except no termination of this Ground
Lease shall occur until all the Bonds and all other indebtedness incurred by the Board for the
Project, if any, have been fully repaid.
SECTION 11. Rental.
The Department shall pay the Participating County rental in the sum of Ten Dollars
($10.00) per year, all of which rental shall be deemed to have been prepaid to the Participating
County by the Department on the Effective Date and, thereby acknowledges the Participating
County’s match funding requirement has been sufficiently met. The Participating County agrees
that the payment of such rental is adequate consideration for the leasing of the Site, together with
the Improvements, under this Ground Lease.
10
Ground Lease July 22, 2014
SECTION 12. Taxes and Assessment.
The Department shall pay or cause to be paid all lawful taxes that may be levied at any
time upon any interest the Department may have under this Ground Lease (including both the
Site and the Improvements after the Effective Date). The Participating County and the
Department each represent and acknowledge that neither Party believes or expects that its
respective interests in the Site are subject to payment of property taxes. The Department shall
have the right to contest the validity of any levy or tax assessment levied upon the Department’s
interest in the Site.
SECTION 13. Right of First Offer and Priority of Ground Lease.
(a) Right of First Offer. Should the Participating County decide to sell the Site at any
time during the Term of this Ground Lease, the Participating County shall notify the Department
and the Board in writing of such intention prior to soliciting offers from any prospective
purchasers. In such event, the Department and the Board shall have fifteen (15) months from
receipt of such notification of intention to sell to inform the Participating County of the
Department’s interest in acquiring the Site. The Participating County understands that the
State’s acquisition process requires an appropriation of funds and the approval of the Board. The
Participating County agrees to reasonably cooperate with the Department in obtaining such
approval and in meeting any other State property acquisition requirements that may exist at that
time. If the Department informs the Participating County of the Department’s intention to
acquire the Site within said fifteen (15) month period, the Parties agree to negotiate a purchase
agreement in good faith and at a price that is the fair market value of the Site at the time the
Department exercises its Right of First Offer.
(b) Priority of Ground Lease. If the Department and the Participating County are
unable to agree on the terms and conditions for the purchase and sale of the Site, or if the Board
does not approve the acquisition of the Site by the Department, the Participating County shall be
free to market and sell the Site to a third party; provided, however, any new owner of the Site
shall acquire the Site subject to this Ground Lease and any encumbrances related to the Bonds
and the Bond Documents. The Department and the Board shall have no obligation to
subordinate the Ground Lease, the Bonds or the Bond Documents to accommodate the new
owner or lender(s).
SECTION 14. Damage or Destruction.
Damage or destruction to the Project shall not act to terminate or cancel this Ground
Lease. In the event of any damage or destruction of the Project, the use of the proceeds of any
property casualty or builder’s risk insurance required to be procured and maintained pursuant to
the PDCA, or any insurance required by the Facility Lease or Facility Sublease shall be governed
by the terms of the agreement that required the procurement of such insurance.
SECTION 15. Insurance.
Except for insurance obligations that may arise as a result of the issuance of the Bonds by
the Board, or as may be required by the PDCA, the Department shall have no obligation to
purchase insurance for the Site or the Project, including but not limited to any general liability,
11
Ground Lease July 22, 2014
earthquake, flood, fire or extended casualty coverage.
SECTION 16. Condition and Title to the Improvements on Termination.
Upon termination or expiration of this Ground Lease, the Department shall have no
obligation, to remove the Improvements. Title to the Improvements, including the Project,
during the Term shall be vested in the State. Subject to the terms and conditions in the Bond
Documents, at the termination or expiration of this Ground Lease, fee title to the Improvements,
including the Project, shall vest in the Participating County and become the property of the
Participating County without further action of any Party and without the necessity of a deed from
the Department to the Participating County.
SECTION 17. The Department’s Right to Terminate.
The Department, with the approval of the Board, shall have the right to terminate this
Ground Lease upon thirty (30) days written notice to the Participating County without any
liability; provided, however, no termination of this Ground Lease or revesting of title to any
portion of the Site or vesting of title to the Project may occur until the Bonds have been fully
paid or retired under the provisions of the Bond Documents.
SECTION 18. The Participating County’s Right to Terminate
Participating County’s proper exercise of its termination rights pursuant to Article 2,
section 2.2(b) of the PDCA serves to terminate this Ground Lease effective on the date of
termination of the PDCA.
SECTION 19. Non-Termination, Default and Damages.
This Ground Lease shall expire at the end of the Term. It is expressly agreed by the
Parties to this Ground Lease that any default under this Ground Lease will not allow either Party
to terminate or otherwise interfere with the Department’s quiet enjoyment and beneficial use of
the Site and the Project under this Ground Lease, the Site Lease or the Facility Lease. Until such
time as the Bonds have been fully paid or retired under the provisions of the Bond Documents,
the sole remedy of any Party upon such default shall be a suit for money damages or specific
performance to remedy such a default.
SECTION 20. Waste and Hazardous Materials.
Neither the Participating County nor the Department shall knowingly commit, suffer or
permit any waste or nuisance on the Site or any acts to be done thereon in violation of any laws
or ordinances. To the Participating County’s best knowledge, after having examined its
documents, public records and other instruments and having made inquiry of appropriate
departments and agencies with respect to the Site and, except as specifically provided in this
Ground Lease, no Hazardous Materials, were used, generated, stored, released, discharged or
disposed of on, under, in, or about the Site or transported to or from the Site. The Participating
County represents with respect to the Site that neither the Participating County nor any other
person or entity under the control of, or with the knowledge of the Participating County will
cause or permit the use generation, storage, release, discharge, or disposal of any Hazardous
12
Ground Lease July 22, 2014
Materials on, under, in, or about the Site or transported to or from the Site.
SECTION 21. Eminent Domain.
If the whole or any portion of the Site or the Project shall be taken in eminent domain
proceedings, or by sale in lieu of such taking by a governmental entity threatening to use the
power of eminent domain, and which taking in the collective judgment of the Department, the
Board, and the State Treasurer renders the Site and/or the Project unsuitable for the continued
use by the State, then this Ground Lease shall terminate when possession is taken by the
condemning entity.
If this Ground Lease is terminated because of such taking and any of the Bonds are
outstanding, then all proceeds from any permanent or temporary taking shall be used to repay
any outstanding Bonds as provided in the Bond Documents, including any outstanding or
accrued interest, and upon full repayment of the Bonds then the remaining proceeds, if any, shall
be distributed to the Department and the Participating County according to their respective
interests as provided in the Bond Documents. The Participating County and the Department
shall each have the right to represent its own interest, at its own cost and expense, in any
proceedings arising out of such taking, and each of the Participating County and the Department
shall reasonably cooperate with the other, including without limitation, settling with the
condemning authority only with the other Party’s consent if such settlement would affect the
other Party’s rights.
If this Ground Lease is not terminated because of such taking, then it shall remain in full
force and effect with respect to the remainder of the Site and the Project. The Participating
County and the Department each waives the provisions of the California Code of Civil
Procedure, Section 1265.130, or any similar law that permits a Party to petition a court to
terminate this Ground Lease upon a taking affecting the Site or the Project, the Parties agreeing
that any such termination rights shall be only as expressly set forth in this Ground Lease.
SECTION 22. Non-Discrimination.
During the performance of this Ground Lease, the Participating County shall not deny
benefits to any person on the basis of religion, color, ethnic group identification, sex, age,
physical or mental disability, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, mental disability, medical condition, marital status, age, or sex. The Participating
County shall ensure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination.
The Participating County shall comply with the provisions of the Fair Employment and
Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5,
Chapter I, Part I, Division 3, Title 2 of the Government Code (Government Code,
Sections 11135 - 11139.5), and the regulations or standards adopted to implement such article.
SECTION 23. Liens.
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Ground Lease July 22, 2014
In the event the Department, the Board or their designees, at any time during the Term,
causes any changes, alterations, additions, improvements, or other work to be done or performed
or materials to be supplied, in or upon the Project or the Site, the Department, the Board or their
designees shall pay, when due, all sums of money that may become due for any labor, services,
materials, supplies or equipment furnished to or for the Department or the Board, upon or about
the Project or the Site and which may be secured by any lien against the Project or the Site or the
Department’s or the Board’s interest therein, and will cause each such lien to be fully discharged
and released at the time the performance of any obligation secured by any such lien matures or
comes due; except that, if the Department or the Board desires to contest any such lien, it may do
so. If any such lien is reduced to final judgment and such judgment or other process as may be
issued for the enforcement thereof is not promptly stayed, or if so stayed, said stay thereafter
expires, the Department or the Board shall forthwith pay and discharge said judgment.
SECTION 24. Indemnification.
As required by Section [ENTER SECTION] of the California Government Code, the
Participating County hereby agrees that it shall indemnify, protect, defend and hold harmless the
State, including but not limited to, the Department, the Board, DGS, and each of their respective
officers, governing members, directors, officials, employees, subcontractors, consultants and
agents (collectively the “Indemnitees”), for any and all claims, liabilities and losses arising out of
the use of the Site or the Project, including, but not limited to all demands, causes of action and
liabilities of every kind and nature whatsoever arising out of, related to, or in connection with
(a) any breach of this Ground Lease by the Participating County; (b) the construction, operation,
maintenance, use and occupancy of the Project; (c) any acts or omissions of any contractor hired
by the Participating County or its agents or subcontractor hired by such contractor (collectively
the “Claims”). The Participating County’s obligation to indemnify, defend, and save harmless
the Indemnitees shall extend to all Claims arising, occurring, alleged, or made any time,
including prior to, during, or after this Ground Lease is in full force and effect. The Participating
County’s obligation to indemnify, defend, and save harmless the Indemnitees shall apply
regardless of any active and/or passive negligent act or omission of the Indemnitees, but the
Participating County shall not be obligated to provide indemnity or defense for Indemnitees
wherein the Claims arise out of the gross negligence or willful misconduct of the Indemnitees.
The indemnification obligation of the Participating County set forth in this Section shall survive
the expiration of the Term or earlier termination of this Ground Lease.
SECTION 25. Non-Encumbrance.
The Participating County covenants that the Facility is not and will not be mortgaged,
pledged, or hypothecated in any manner or for any purpose and has not been and will not be the
subject of a grant of a security interest by the Participating County without the written consent of
the Department and the Board. The Participating County further covenants that it shall not in
any manner impair, impede or challenge the security, rights and benefits of the owners of the
Bonds or the trustee for the Bonds.
SECTION 26. Miscellaneous.
(a) Amendments. This Ground Lease may only be amended, changed, modified or
14
Ground Lease July 22, 2014
altered in writing by the Parties. As long as any of the Bonds are outstanding the Board must
consent to any amendment hereto to be effective.
(b) Waiver. The waiver by any Party of a breach by the other Party of any term,
covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same
or any other term, covenant or condition hereof.
(c) Law Governing. This Ground Lease shall be governed exclusively by the
provisions hereof and by the laws of the State and any action arising from or relating to this
Ground Lease shall be filed and maintained in Sacramento County Superior Court, Sacramento,
California.
(d) Section Headings. All articles, paragraph and section headings, titles or captions
contained in this Ground Lease are for convenience of reference only and are not intended to
define or limit the scope of any provision of this Ground Lease.
(e) Conflicts Between Terms of Documents. Nothing in this Ground Lease is
intended to amend, modify or supersede the PDCA expect as expressly provided herein. In the
event of any inconsistency in the PDCA and this Ground Lease, the inconsistency shall be
resolved by giving preference to the PDCA. In the event of any inconsistency between this
Ground Lease and the Bond Documents, the inconsistencies shall be resolved by giving
preference to the Bond Documents.
(f) Relationship of Parties. The Department and its agents and employees involved
in the performance of this Ground Lease shall act in an independent capacity and not as officers,
employees or agents of the Participating County.
(g) Successors and Assigns. The terms and provisions hereof shall extend to and be
binding upon and inure to the benefit of the successors and assigns of the respective Parties.
(h) Partial Invalidity. If any one or more of the terms, provisions, covenants or
conditions of this Ground Lease shall to any extent be declared invalid, unenforceable, void or
voidable for any reason by a court of competent jurisdiction and the finding or order or decree of
which becomes final, none of the remaining terms, provisions, covenants or conditions of this
Ground Lease shall be affected thereby, and each provision of this Ground Lease shall be valid and
enforceable to the fullest extent permitted by law.
(i) Notices. All notices herein which are to be given or which may be given by either
Party to the other, shall be in writing and shall be deemed to have been given three (3) business days
after deposit in the United States Mail, certified and postage prepaid, return receipt requested and
addressed as follows:
[To the Department: California Department of Corrections and Rehabilitation
9838 Old Placerville Road, Suite B
Sacramento, CA 95827
Attention: Deputy Director, Facility Planning, Construction
and Management
Facsimile: 916-322-5717]
15
Ground Lease July 22, 2014
To the Board: State Public Works Board
915 L Street, 9th Floor
Sacramento, CA 95814
Attention: Executive Director
Facsimile: 916-449-5739
To the Participating County: County of [ENTER COUNTY NAME]
[ENTER STREET ADDRESS]
[ENTER CITY, STATE AND ZIP CODE]
Attention: [ENTER POSITION TITLE]
Facsimile: [ENTER FAX NUMBER]
Nothing herein contained shall preclude the giving of any such written notice by personal
service, in which event notice shall be deemed given when actually received. The address to
which notices shall be mailed to a Party may be changed by written notice given to all Parties as
hereinabove provided.
(j) Execution and Counterparts. This Ground Lease may be executed in any number
of counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same Ground Lease. It is also agreed that separate counterparts of this
Ground Lease may separately be executed by the signatories to this Ground Lease, all with the
same force and effect as though the same counterpart had been executed by all of the signatories.
(k) Bankruptcy. In the event of any bankruptcy proceeding, this Ground Lease will
not be treated as an executory contract and cannot be rejected by the Participating County.
(l) Exhibits. The following Exhibits are attached to this Ground Lease and
incorporated by reference herein.
Exhibit A: Project Description
Exhibit B: Legal Description of the Site
Exhibit C: Form of Easement Agreement for Grants of Access, Utilities and
Repairs
Exhibit D: Form of Legal Opinion Letter
Exhibit E: List of the Permitted Encumbrances
Exhibit F: Pending and Threatened Lawsuits
[SIGNATURE PAGE TO IMMEDIATELY FOLLOW]
16
Ground Lease July 22, 2014
IN WITNESS WHEREOF, the Parties hereto have caused this Ground Lease to be
executed by their respective officers thereunto duly authorized, all as of the day and year first
written above.
[PARTICIPATING COUNTY]
By:
Name:
Title:
[DEPARTMENT OF CORRECTIONS
AND REHABILITATION OF THE
STATE OF CALIFORNIA]
By:
Name:
Title:
CONSENT: STATE PUBLIC WORKS
BOARD OF THE STATE OF CALIFORNIA
By:
Name:
Title: [Executive Director or Deputy Director]
Date:
APPROVED: DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF
CALIFORNIA
(Pursuant to Government Code Section 11005)
By:
Name:
Title:
17
Ground Lease July 22, 2014
State of California )
County of )
On ________________, 20__ before me, , notary,
(here insert name and title of the officer)
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
18
Ground Lease July 22, 2014
State of California )
County of )
On ________________, 20__ before me, , notary,
(here insert name and title of the officer)
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
19
Ground Lease July 22, 2014
CERTIFICATE OF ACCEPTANCE
This is to certify that, pursuant to Section 27281 of the California Government Code, the
interest in real property conveyed by the Ground Lease dated as of ________, 20__ for reference
only from the County of ______, a Political Subdivision of the State of California to the State of
California on behalf of the Department of Corrections and Rehabilitation of the State of
California is hereby accepted by the undersigned officer on behalf of the State Public Works
Board pursuant to authority conferred by said Board in its duly adopted delegation resolution on
December 13, 2013.
Note to Recorder: If this certificate is for a correction deed, all corrections and/or changes to the previously recorded deed must be reviewed and
accepted by the State prior to recording a correction deed. All correction deeds require a new Certificate of Acceptance dated subsequent to
recordation of the original deed or the most recent correction deed if any.
ACCEPTED
STATE PUBLIC WORKS BOARD OF THE
STATE OF CALIFORNIA
By: __________________________________ Date:
Name:
Title:
APPROVED
[DEPARTMENT OF CORRECTIONS AND
REHABILITATION OF THE STATE OF
CALIFORNIA]
By: __________________________________ Date:
Name:
Title:
APPROVED
DEPARTMENT OF GENERAL SERVICES OF
THE STATE OF CALIFORNIA
(Pursuant to Government Code Section 11005)
By: __________________________________ Date:
Name:
Title:
A-1
Ground Lease July 22, 2014
EXHIBIT A
(Project Description)
(to be inserted)
B-1
Ground Lease July 22, 2014
EXHIBIT B
(Legal Description of the Site)
(to be inserted)
C-1
Ground Lease July 22, 2014
EXHIBIT C
(Form of Easement Agreement for Grants of Access, Utilities and Repairs)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
_________________
_________________
_________________
_________________
NO DOCUMENTARY TRANSFER TAX DUE. This Ground
Lease is recorded for the benefit of the State of California and
is exempt from California transfer tax pursuant to
Section 11928 of the California Revenue and Taxation code
and from recording fees pursuant to Sections 6103 and 27383
of the California Government Code.
[THE AREA ABOVE IS RESERVED FOR RECORDER’S USE]
EASEMENT AGREEMENT FOR GRANTS OF
ACCESS, UTILITIES AND REPAIRS
This Easement Agreement for Grants of Access, Utilities and Repairs (this “Easement
Agreement”), dated for reference only as of _________, 20__, is made by and between
COUNTY OF ______________, (the “Participating County”), a Political Subdivision of the
State of California, as grantor, and the [“DEPARTMENT OF CORRECTIONS AND
REHABILITATION” OR BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF
THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State
of California, as grantee.
RECITALS
A. The Participating County, as landlord, and the Department as tenant, entered into
a ground lease dated as of __________, 20__ for reference only, (the “Ground Lease”) for the
lease of that certain real property located in the County of [___________] and more particularly
described in Exhibit 1, attached hereto and incorporated herein by this reference (the “Site”); and
B. The Ground Lease provides that the Participating County, as owner of certain real
property adjacent to the Site, shall grant Easements to the Department in the Easement Property,
which is more particularly described in Exhibit 2, attached hereto and incorporated herein by this
reference; and
C. The Participating County and the Department desire to the grant of Easements in
the Easement Property on the terms and conditions contained in this Easement Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereto hereby agree as follows:
C-2
Ground Lease July 22, 2014
1. Definitions. Unless otherwise required by the context, all capitalized terms used
herein and not defined herein shall have the meanings assigned to such terms in the Ground
Lease or the Project Delivery and Construction Agreement.
2. Grant and Description of Easements.
2.1 Grant of Access Easement. The Participating County, as the owner of the
Easement Property, hereby establishes and grants to and for the benefit of the Department and
the Board and their respective contractors, subcontractors, employees, lessees, licensees,
permittees, successors and assigns a non-exclusive easement over and across the Easement
Property as shown in Exhibit 2 hereto for purposes of ingress and egress to and from the Site and
the Project (the “Access Easement”); provided, however, that rights pursuant to such Access
Easement shall only be exercised if there is no reasonable access to the Site and the Project via
adjacent public streets and roadways and subject to the security limitations set forth in
Section 2.3 hereof; and provided further, that such Access Easement is only effective (i) during
such times where the Department, or its lessees, successors or assigns, is in possession of the
Facility and is responsible for maintenance and repair of the Facility under the terms of the
Facility Sublease or (ii) during such times where the Board, or its lessees, successors or assigns,
is in possession of the Facility and is responsible for maintenance and repair of the Facility under
the terms of the Facility Lease.
2.2 Grant of Utilities and Repairs Easement. The Participating County, as the
owner of the Easement Property, hereby grants to and for the benefit of the Department and the
Board and their respective contractors, subcontractors, employees, lessees, licensees, permittees,
successors and assigns a non-exclusive easement across, over and under the Easement Property
as shown in Exhibit 2 hereto for the purpose of: a) installation, maintenance and replacement of
utility wires, cables, conduits and pipes for “Utilities”, as defined below; and b) other purposes
and uses necessary or desirable for the repair, operation and maintenance of the Facility (the
“Utilities and Repairs Easement” and together with the Access Easement, the “Easements”);
provided, however, that such Utilities and Repairs Easement is subject to the security limitations
set forth in Section 2.3 hereof; and; provided further, that such Utilities and Repairs Easement is
only effective (i) during such times where the Department, or its lessees, successors or assigns, is
in possession of the Facility and is responsible for maintenance and repair of the Facility under
the terms of the Facility Sublease or (ii) during such times where the Board, or its lessees,
successors or assigns, is in possession of the Facility and is responsible for maintenance and
repair of the Facility under the terms of the Facility Lease. “Utilities” shall mean any and all wet
and dry utilities (including sewer) necessary or required to service the Facility, including,
without limitation, all electrical, natural gas, water, sewer, telephone, data, and other
telecommunications services.
2.3 Security Limitation on Easements. The exercise of the rights granted
under the Easements will be expressly subject to the limitations and requirements imposed by the
Participating County’s customary security measures for the Participating County’s facilities that
may be located on the Easement Property (the “Security Measures”). Prior to the exercise of any
rights under the Easements, the Department or the Board, as the case may be, or their respective
lessees, successors or assigns shall contact the [Title of Appropriate Individual at Participating
County] to ensure that such exercise of rights granted under the Easements will be in compliance
C-3
Ground Lease July 22, 2014
with the requirements of the Security Measures.
3. No Unreasonable Interference. The Participating County shall not conduct any
activity on, under or about the Easement Property that would unreasonably interfere with the use
of the Easements.
4. Term of Easement Agreement; No Termination by Breach. The term of this
Easement Agreement shall be coextensive with the Term of the Ground Lease, as such Term
may be extended or terminated as provided in the Ground Lease. No breach of this Easement
Agreement shall entitle any of the parties hereunder to cancel, rescind, or otherwise terminate
this Easement Agreement, but such limitation shall not affect in any manner any other rights or
remedies which a party may have hereunder by reason of any breach.
5. Character. The Easements granted by this Easement Agreement shall be
appurtenant to the Site and nonexclusive and for the use and benefit of the Department and the
Board. This Easement Agreement is not intended to grant a fee interest in the Easement
Property, nor is it intended to be a lease or a license. The Department acknowledges that the
Easements herein granted are nonexclusive easements and that the Participating County and its
successors and assigns may grant one or more additional non-exclusive easements in the
Easement Property to third parties, so long as the rights granted by such easements do not
materially interfere with or hinder the use of the Easements by the Department or the Board or
that of their respective lessees, successors or assigns.
6. Covenants Running with the Land; Binding on Successors. Pursuant to California
Civil Code section 1468, this Easement Agreement and the Easements are covenants related to
the use, repair, maintenance and improvement of the properties benefited and burdened hereby,
and, as such, the covenants set forth herein shall be binding upon the Easement Property and
shall be binding upon all parties having or in the future acquiring any interest in the Easement
Property.
7. Binding Effect. This Easement Agreement shall be binding on and shall inure to
the benefit of the lessees, successors and assigns of the Participating County, the Department,
and the Board.
8. Recordation of Easement Agreement. This Easement Agreement shall be
recorded in the Official Records of [ENTER COUNTY NAME] County, State of California, and
shall serve as notice to all parties succeeding to the interest of the parties hereto that their use of
the Site and the Project and the Easement Property shall be benefited or restricted, or both, in the
manner herein described.
9. Entire Agreement; Amendments. This Easement Agreement contains the entire
agreement of the parties hereto relating to the Easements herein granted. Any representations or
modifications concerning this Easement Agreement shall be of no force and effect, excepting a
subsequent modification in writing, signed by the Department and approved by the Board and
the current owner of the Easement Property and recorded in the Official Records of [ENTER
COUNTY NAME] County, State of California.
10. Warranty of Authority. The Participating County represents and warrants as of
C-4
Ground Lease July 22, 2014
the Effective Date that (i) it is the legal owner of the Easement Property, (ii) it has full power and
authority to place the encumbrance of this Easement Agreement on the Easement Property,
(iii) it has not conveyed (or purported to convey) any right, title or interest in or to the Easement
Property, except as has been disclosed in writing to the Department prior to the Effective Date,
and (iv) if necessary, it has the written consent of any lenders, tenants and subtenants of the
Easement Property to the terms and conditions of this Easement Agreement.
11. Counterparts. This Easement Agreement may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to
be executed by their respective officers thereunto duly authorized, all as of the day and year first
written above.
THE COUNTY OF [COUNTY]
By:
Name:
Title:
[DEPARTMENT OF CORRECTIONS
AND REHABILITATION OF THE
STATE OF CALIFORNIA]
By:
Name:
Title:
CONSENT: STATE PUBLIC WORKS
BOARD OF THE STATE OF CALIFORNIA
By:
Name:
Title: [Executive Director or Deputy Director]
APPROVED: DEPARTMENT OF GENERAL
SERVICES OF THE STATE OF
CALIFORNIA
(Pursuant to Government Code Section 11005)
By:
Name:
Title:
C-5
Ground Lease July 22, 2014
State of California )
County of )
On ________________, 20__ before me, , notary,
(here insert name and title of the officer)
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
C-6
Ground Lease July 22, 2014
State of California )
County of )
On ________________, 20__ before me, , notary,
(here insert name and title of the officer)
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
C-7
Ground Lease July 22, 2014
CERTIFICATE OF ACCEPTANCE
This is to certify that, pursuant to Section 27281 of the California Government Code, the
easement interest in real property conveyed by the Easement Agreement for Grants of Access
Utilities, and Repairs dated as of ________, 20__ for reference only from the County of ______,
a Political Subdivision of the State of California to the State of California on behalf of the
Department of Corrections and Rehabilitation of the State of California is hereby accepted by the
undersigned officer on behalf of the State Public Works Board pursuant to authority conferred by
said Board in its duly adopted delegation resolution on December 13, 2013.
Note to Recorder: If this certificate is for a correction deed, all corrections and/or changes to the previously recorded deed must be reviewed and
accepted by the State prior to recording a correction deed. All correction deeds require a new Certificate of Acceptance dated subsequent to
recordation of the original deed or the most recent correction deed if any.
ACCEPTED
STATE PUBLIC WORKS BOARD OF THE
STATE OF CALIFORNIA
By: __________________________________ Date:
Name:
Title:
APPROVED
[DEPARTMENT OF CORRECTIONS AND
REHABILITATION OF THE STATE OF
CALIFORNIA]
By: __________________________________ Date:
Name:
Title:
APPROVED
DEPARTMENT OF GENERAL SERVICES OF
THE STATE OF CALIFORNIA
(Pursuant to Government Code Section 11005)
By: __________________________________ Date:
Name:
Title:
Exhibit 1-1
Ground Lease July 22, 2014
EXHIBIT 1 TO EASEMENT AGREEMENT
LEGAL DESCRIPTION OF THE SITE
(To Be Attached)
Exhibit 2-1
Ground Lease July 22, 2014
EXHIBIT 2 TO EASEMENT AGREEMENT
LEGAL DESCRIPTION OF THE EASMENT PROPERTY
(To Be Attached)
D-1
Ground Lease July 22, 2014
EXHIBIT D
(Form of Legal Opinion Letter)
[LEGAL COUNSEL LETTERHEAD]
[Client]
State Public Works Board
of the State of California
Sacramento, California
Re: Ground Lease By and Between [insert name of the Participating County] and the
Department for the [insert name of the Project] Located at [insert address of the
Site]
Ladies and Gentlemen:
I am legal counsel for [insert name of client] with respect to the above referenced matter.
I have examined originals or copies, certified or otherwise identified to my satisfaction, of such
documents, exhibits, public records and other instruments in connection with the Ground Lease
dated as of _____________, 20__ for reference only between [insert name of the Participating
County], as landlord, and the Department of Corrections and Rehabilitation of the State of
California (the “Department”), as tenant, (the “Ground Lease”), and have conducted such other
investigations of fact and law as I have deemed necessary for the purpose of this opinion.
I am of the opinion that:
[Use one of the following alternatives]
[Alternative 1: If the Participating County is the client]
1. The [insert name of the Participating County] is a political subdivision of the
State of California created in accordance with the provisions of the Constitution of the State of
California, with full legal right, power and authority to enter into and perform its obligations
under the Ground Lease [if easements are being granted under the terms of an Easement
Agreement in the form of Exhibit C to the Ground Lease, add: “and Easement Agreement in the
form attached as Exhibit C to the Ground Lease” and revise letter accordingly].
[Alternative 2: If the Department is the client]
1. The Department is an entity of state government of the State of California with
full legal right, power and authority to enter into and perform its obligations under the Ground
D-2
Ground Lease July 22, 2014
Lease [if easements are being granted under the terms of an Easement Agreement in the form of
Exhibit C to the Ground Lease, add: “and Easement Agreement in the form attached as Exhibit
C to the Ground Lease” and revise letter accordingly].
[The following provisions apply regardless of the client]
2. The Ground Lease [and Easement Agreement] [has/have] been duly authorized,
executed and delivered by [insert name of client], and [is/are] valid and binding upon and
enforceable against the [insert name of client] in accordance with [its/their] terms if [it is/they
are] in like fashion valid and binding upon and enforceable against the respective other parties
thereto, except that enforceability may be limited by bankruptcy, insolvency and other laws
affecting the enforcement of creditors’ rights generally and by the application of equitable
principles if equitable remedies are sought.
3. The execution and delivery by the [insert name of client] of the Ground Lease
[and Easement Agreement] and compliance with the provisions thereof do not and will not
materially conflict with or constitute on the part of the [insert name of client] a breach of or a
default under the law, administrative regulation, judgment, decree or any agreement or other
instrument known to me which the [insert name of client] is a party or otherwise subject.
4. All actions on the part of the [insert name of client] necessary for the execution
and performance of the Ground Lease [and Easement Agreement] have been duly and
effectively taken, and no consent, authorization or approval of, or filing or registration with, any
governmental or regulatory officer or body not already obtained or not obtainable in due course
by the [insert name of client] is required to be obtained by the [insert name of client] for the
making and performance of the Ground Lease [and Easement Agreement] .
5. There is no action, suit or proceeding pending (with the service of process having
been accomplished) to restrain or enjoin the execution and delivery of the Ground Lease [and
Easement Agreement], or in any way contesting or affecting the validity of the Ground Lease
[and Easement Agreement].
Very truly yours,
[INSERT NAME OF CLIENT]
By: _______________________________
Name: _____________________________
Its: ________________________________
E-1
Ground Lease July 22, 2014
EXHIBIT E
(List of the Permitted Encumbrances)
(to be inserted)
[1. Right of Entry for Construction and Operation]
F-1
Ground Lease July 22, 2014
EXHIBIT F
(Pending and Threatened Lawsuits)
(to be inserted)
Page 1 of 5
Right of Entry for Construction and Operation July 22, 2014
Location of Site
RIGHT OF ENTRY FOR
CONSTRUCTION AND OPERATION
Agency: [Department of Corrections and
Rehabilitation of the State of California]
Real Property:
This RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION
AGREEMENT (this “License”) is entered into as of _________ __, 20__, by and between the
[“DEPARTMENT OF CORRECTIONS AND REHABILITATION OR “BOARD OF
STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF CALIFORNIA (the
“Department”), an entity of state government of the State of California (the “State”), as
licensor, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a
political subdivision of the State of California, as licensee. The Department and the
Participating County are sometimes individually referred to as “Party” and collectively as
“Parties”.
RECITALS
WHEREAS, pursuant to [ENTER STATUTE] of the California Government Code,
the State Public Works Board (the “Board”) is authorized to finance the acquisition, design
and construction of a jail facility approved by the Board of State and Community Corrections
(the “BSCC”) pursuant to Section [ENTER STATUTE] of the California Government Code
(the “[ENTER PROGRAM NAME] Financing Program”); and
WHEREAS, the Participating County has proposed to build a jail facility, the
__________ project (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real
property controlled by the Participating County through fee-simple ownership (the “Site”);
and
WHEREAS, contemporaneous with entry into this License, Participating County
intends to lease the Site to the Department pursuant to a Ground Lease executed by and
between the Participating County and the Department and consented to by the Board (the
“Ground Lease”); and
WHEREAS, the Department, as lessee under the Ground Lease intends to provide the
Participating County access to the Site for the purpose of jail construction-related activities
and for operation of the Project upon substantial completion of construction.
WITNESSETH
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements
by the Parties set forth herein and other good and valuable consideration, this License is
subject to the following terms and conditions:
Page 2 of 5
Right of Entry for Construction and Operation July 22, 2014
1. Grant of License – The Department hereby grants to the Participating County, its
employees, consultants, representatives and contractors a non-exclusive,
temporary license to enter the Site for site analysis, Project construction-related
activities, and for operation of the Project upon substantial completion of
construction (“Activities”), all as contemplated by that certain Project Delivery
and Construction Agreement by and among the Department, the Board, the BSCC
and the Participating County (the “PDCA”). This License is subordinate to all
prior or future rights and obligations of the Department and the Board in the Site,
except that the Department and the Board shall grant no rights inconsistent with
the reasonable exercise by the Participating County of its rights under this License.
2. License Term – This License shall commence on the Effective Date of the Ground
Lease and shall terminate on the date of termination of the PDCA (the “Term”).
3. Compliance with Laws – The Participating County shall conduct all Activities in
compliance with all Federal, State and municipal statutes and ordinances, and with
all regulations, orders and directives of appropriate governmental agencies (“Laws
and Regulations”), as such Laws and Regulations exist during the Term of this
License.
4. Inspections – The Department, the Board, and their representatives, employees,
agents or independent contractors may enter and inspect the Site or any portion
thereof or any improvements thereon, and the Project at any time and from time to
time at reasonable times to verify the Participating County’s compliance with the
terms and conditions of this License.
5. Special Condition – In the performance of the required studies and tests, the
Participating County acknowledges that the Participating County will practice all
due diligence to protect the Site.
6. Cooperation – In the event the Department or the Board has business on the Site or
the Project, the Participating County agrees to coordinate the Activities with the
Department or the Board to minimize any impairment of access to the Site or the
Project and any inconvenience to or disruption of the Department’s or the Board 's
business. Department and Board agree to coordinate their business at the Site or
the Project so as to minimize any delay or disruption of the Participating County’s
Activities.
7. Indemnity – As required by California Government Code Section [ENTER
STATUTE] the Participating County hereby agrees that it shall indemnify, defend
and save harmless the State, including but not limited to the Board, CDCR and
BSCC, and each of their respective officers, governing members, directors,
officials, employees, subcontractors, consultants, and agents (collectively,
“Indemnitees”) for any and all claims and losses arising out of the acquisition,
design, construction, and operation of the Project, including, but not limited to all
demands, causes of actions and liabilities of every kind and nature whatsoever
arising out of, related to, or in connection with (a) any breach of this License by
the Participating County; (b) operation, maintenance, use and occupancy of the
Project; (c) any acts or omissions of any contractor hired by the Participating
Page 3 of 5
Right of Entry for Construction and Operation July 22, 2014
County or its agents or subcontractor hired by such contractor; and (d) personal
injury, bodily injury or property damage resulting from the Activities of the
Participating County, its employees, consultants, representatives and contractors
(collectively, “Claims”). The Participating County’s obligation to indemnify,
defend and save harmless the Indemnitees shall extend to all Claims arising,
occurring, alleged, or made at any time, including prior to, during, or after the
period that this License is in full force and effect. The Participating County shall
not be obligated to provide indemnity or defense for an Indemnitee where the
claim arises out of the active negligence or willful misconduct of the Indemnitee.
The indemnification obligations of the Participating County set forth in this
Section shall survive any termination of this License.
8. Insurance – The Participating County shall maintain the following insurances:
1) Commercial General Liability with limits of no less than one million
dollars ($1,000,000) per occurrence and Fire Legal Liability of no less than five
hundred thousand dollars ($500,000); 2) Automobile Liability with a combined
single limit of no less than one million dollars ($1,000,000) per accident and
3) Workers Compensation as required by law and Employers Liability with limits
of no less than one million dollars ($1,000,000) per occurrence. The Participating
County shall be solely responsible for monitoring and ensuring that the necessary
Workers Compensation Insurance is in effect for all persons entering onto the Site.
9. Utilities – The Department makes no guarantee as to the reliability or availability
of utility services. The Department shall not supply any utility services to the Site
or the Project.
10. Taxes and Assessments – It is expressly understood that this License is not
exclusive and does not in any way whatsoever grant or convey any permanent
easement, lease, fee or other interest in the Site or the Project to the Participating
County. Any such acquisition of use rights shall be separate agreements at the sole
discretion of the Department and the Board. Should taxes or assessments be levied
upon any interest in this License, the Participating County agrees to pay all lawful
taxes, assessments or charges created by this License. It is understood that this
License may create a possessory interest subject to property taxation and the
Participating County may be subject to the payment of property taxes levied on
such interest.
11. Continuing Liability – No termination of this License shall release the
Participating County from any liability or obligations hereunder resulting from any
acts, omissions or events happening prior to the termination of this License and
restoration of the Site to its prior condition.
12. Attorneys’ Fees – In the event of a dispute between the Parties with respect to the
terms or condition of this License, it is agreed that each Party, including the
prevailing Party, must bear its own costs and attorneys’ fees.
13. Assignment, Subletting and Change in Use – The Participating County shall not
transfer or assign this License and shall not sublet, license, permit or suffer any use
of the Site or the Project or any part thereof.
Page 4 of 5
Right of Entry for Construction and Operation July 22, 2014
14. Notices –
a. All notices or other communications required or permitted hereunder shall be
in writing and shall be personally delivered (including by means of
professional messenger service), sent by overnight courier, or sent by
registered or certified mail, postage prepaid, return receipt requested to the
addresses set forth below.
b. All such notices or other communications shall be deemed received upon the
earlier of 1) if personally delivered or sent by overnight courier, the date of
delivery to the address of the person to receive such notices or 2) if mailed as
provided above, on the date of receipt or rejection.
[To the Department: California Department of Corrections and
Rehabilitation
9838 Old Placerville Road, Suite B
Sacramento, CA 95827
Attention: Deputy Director, Facility Planning,
Construction and Management
Facsimile: 916-322-5717]
To the Board: State Public Works Board
915 L Street, 9th Floor
Sacramento, CA 95814
Attention: Executive Director
Facsimile: 916-449-5739
To the Participating County: __________________ [County Name]
__________________ [Address 1]
__________________ [Address 2]
Attention: _________
Facsimile: _________
c. Notice of change of address or telephone number shall be given by written
notice in the manner described in this Paragraph. The Participating County is
obligated to notice all State offices listed above and the failure to provide
notice to all State offices will be deemed to constitute a lack of notice.
15. Entire Agreement – This License contains all the agreements of the Parties
regarding right of entry for construction and supersedes any prior License or
negotiations. There have been no representations by the Department or
understandings made between the Department and the Participating County
regarding right of entry for construction and operation other than those set forth in
this License. This License may not be modified except by a written instrument
duly executed by the Parties hereto with the consent of the Board.
Page 5 of 5
Right of Entry for Construction and Operation July 22, 2014
16. Counterparts – This License may be executed in one or more counterparts, each of
which shall be deemed as original but all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this License by their duly
authorized representatives on the date first above written.
THE COUNTY _______________
By:
Name:
Title:
[DEPARTMENT OF CORRECTIONS
AND REHABILITATION OF THE
STATE OF CALIFORNIA]
By:
Name:
Title:
CONSENT: STATE PUBLIC
WORKS BOARD OF THE
STATE OF CALIFORNIA
By:
Name:
Title: [Executive Director or Deputy
Director]
APPROVED: DEPARTMENT OF
GENERAL SERVICES OF THE
STATE OF CALIFORNIA
(Pursuant to Government Code Section 11005)
By:
Name:
Title:
1
AB 900 – BSCC Construction Agreement January 28, 2014
BOARD OF STATE AND COMMUNITY CORRECTIONS
JAIL CONSTRUCTION AGREEMENT
STATE OF CALIFORNIA
FOR __________________________________________
This Board of State and Community Corrections Jail Construction Agreement
(“Agreement”) is entered into as of ___________ __, 20__ (“Effective Date”), by and between
the Board of State and Community Corrections (“BSCC”), an entity of the state government of
the State of California (“State”), and _______________ (“Participating County”), a Political
Subdivision of the State. BSCC and Participating County are referred to collectively herein as
the “Parties,” and individually as a “Party.”
WHEREAS, Participating County has proposed to build a jail facility as more
particularly described in Exhibit B attached hereto (“Project”) located at ___________________
(“Site”) under Chapter 3.12, Part 10b of Division 3 of Title 2 of the California Government Code
and the corresponding regulations set forth in Title 15, Division 1, Chapter 1, Subchapter 6 of the
California Code of Regulations (collectively, the “AB 900 Jail Financing Program”).
RECITALS
WHEREAS, this Agreement is being executed concurrently with the execution of the
Project Delivery and Construction Agreement (“PDCA”) entered into between the Participating
County, BSCC, the State Public Works Board of the State of California (“Board”) and the
Department of Corrections and Rehabilitation (“Department”). The Department, the Board and
BSCC are referred to collectively herein as “Agencies.”
WHEREAS, the purpose of this Agreement is to set forth the roles, responsibilities and
performance expectations of the Parties with respect to the Participating County’s construction of
the Project under the authority of the BSCC and the procedures for reimbursement by the State
of those Participating County costs eligible for reimbursement as provided for under the AB 900
Jail Financing Program. This Agreement is intended to be read in conjunction with the other
agreements necessary for the construction and financing of the Project under the AB 900 Jail
Financing Program including, without limitation, the PDCA and the other agreements described
in the PDCA recitals. Nothing in this Agreement is intended to amend or modify the rights and
obligations of the Parties under those other agreements including, without limitation, the PDCA.
WHEREAS, the Total Project Costs for the Project shall be defined in Article 3, Section
3.1(a) of the PDCA. The State will provide financing (“State Financing”) (up to a maximum of
________________ dollars ($___________) (“Maximum State Financing”)) and the
Participating County will provide the Cash (hard) Match (as defined in Article 6(C) below) and
the In-Kind (soft) Match (as defined in Article 6(C) below) (with the Cash (hard) Match and the
In-kind (soft) Match collectively referred to as “Participating County Funding” and together
with the Maximum State Financing, the “Total Eligible Project Costs”.) Total Eligible Project
Costs shall be used in determining Cash (hard) Match credit and In-kind (soft) Match credit to
the Participating Counties as specified in Exhibit A to this Agreement. As stated in Article 1,
Section 1.3 of the PDCA, the AB 900 Jail Financing Program is predicated on the Board’s ability
2
AB 900 – BSCC Construction Agreement January 28, 2014
to issue bonds for the Project.
NOW, THEREFORE, in consideration of the promises and of the mutual agreements,
provisions and covenants contained in this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
ARTICLE 1. TERM AND TERMINATION
A. Term
B.
. This Agreement shall commence on the Effective Date and shall terminate
upon the completion and State acceptance of the Final Audit (as defined below in Article 4(C))
unless terminated earlier as provided in Article 1(C) below.
Survival
C.
. The provisions of Articles 1(C)(3), 1(C)(4), 3(D), 4(C), 4(D), 6(B)(5),
6(B)(6), 9, 10 and 11, and Articles 3, 4, 5, 6, 7, 8, and 10, 11 of Exhibit A shall survive
termination of the Agreement.
Termination
1. BSCC in consultation with the other Agencies may terminate this
Agreement in the event any of the following events or conditions occurs:
.
(a) Participating County’s breach of a material term of this
Agreement, any Project Document or any Applicable Laws provided Participating County has
not cured such breach in all respects within such thirty (30) day period, which cure period may
be extended for a reasonable time with the consent of BSCC if the Participating County
demonstrates that such additional time is required to cure such breach in a diligent and
commercially reasonable manner;
(b) Termination of the PDCA as provided for in Article 2, Section
2.2(a)(i)–(v) and (b) of the PDCA;
(c) Substantive alteration of the scope, cost or schedule of the Project
without the prior written approval of BSCC and the Board as required under this Agreement and
the PDCA; or
(d) Participating County’s refusal or inability to complete the Project
in a manner consistent with the Agreement, and the other Project Documents (as defined below
in Article 3) including all timelines, plans, and specifications as approved by BSCC, or refusal or
inability to comply with any Applicable Law.
2. The Participating County may, prior to the State providing any amount of
financing, terminate this Agreement in the event any of the following occurs:
(a) The State’s breach of a material term of this Agreement, any
Project Document or any Applicable Laws provided the State has not cured such breach in all
respects within thirty (30) days from notice of said breach, which cure period may be extended
for a reasonable time with the consent of the Participating County if the State demonstrates that
3
AB 900 – BSCC Construction Agreement January 28, 2014
such additional time is required to cure such breach in a diligent and commercially reasonable
manner;
(b) Termination of the PDCA as provided for in Article 2, Section
2.2(a)(i)–(v) and (b) of the PDCA;
(c) Failure of the State to execute the Ground Lease or the Right of
Entry for Construction and Operation; or
(d) In the event the Board determines the Participating County is no
longer eligible for Project financing under the AB 900 Jail Financing Program as set forth in
Article 1, Section 1.2 of the PDCA.
3. In the event of termination as provided in Article 1(C)(1), and unless the
Parties agree in writing otherwise, Participating County shall, upon notification, refund to the
Agencies an amount equal to all State Financing previously disbursed to the Participating
County. Any State Financing so remitted to the Agencies may be subject to interest equal to the
rate earned by the State Pooled Money Investment Account. Participating County shall not be
required to refund any State Financing in the event of termination solely because, through no
fault of Participating County, the Board determines it is not feasible or appropriate to issue bonds
or is unable to issue bonds to finance the Participating County’s Project.
4. Nothing in this Article 1 in any way alters or limits the authority of BSCC
or the Agencies to withhold State Financing in accordance with Applicable Laws (as defined
below) or any other right or remedy available to the State at law or in equity for breach of the
Agreement.
ARTICLE 2. PROJECT OFFICIALS
A. BSCC Representative
B.
. The BSCC Executive Director or his or her designee shall
be the State’s representative (“Agency Representative”) for administration of this Agreement.
Any amendment to this Agreement, including any exhibit, schedule or attachment hereto, shall
be binding on the State only if signed by the Agency Representative. This Article 2(A) shall not
limit any requirements for amendment of any other agreement that is a Project Document.
Participating County Construction Administrator. The Participating County has
appointed a County Construction Administrator as identified below. Participating County agrees
that its County Construction Administrator shall be its representative for the administration of
the Agreement and shall have full authority to act on behalf of the Participating County.
Participating County agrees that all communications given to its County Construction
Administrator shall be binding as if given to the Participating County. Participating County
agrees that any documents required to be submitted to the Agencies, including but not limited to,
quarterly progress reports and final project summary reports, shall be certified for accuracy by its
County Construction Administrator in form reasonably acceptable to BSCC. Any Amendment
to this Agreement and any other Project Document shall be binding on the Participating County
only if signed or certified in form reasonably acceptable to BSCC by the County Construction
Administrator.
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AB 900 – BSCC Construction Agreement January 28, 2014
County Construction Administrator: ___________
Title: ___________
Address:___________
City, State, Zip:___________
Telephone:___________
Facsimile:___________
Email:___________
C. Participating County Project Financial Officer
Project Financial Officer:
. The Participating County has
appointed a Project Financial Officer as identified below. Participating County agrees that its
Project Financial Officer shall be responsible for establishing an official project file and a
separate account for depositing of funds paid under this Agreement, and ensuring that project
accounting procedures and practices are in accordance with generally accepted government
accounting principles and practices (see Accounting Standards and Procedures for Counties,
California State Controller, Division of Local Government Fiscal Affairs) with adequate
supporting documentation maintained in such detail so as to provide an audit trail which will
permit tracing transactions from support documentation, to the accounting records, to the
financial reports and billings. Participating County agrees that all fiscal documents, including all
invoices and expenditure statements, required to be submitted to BSCC shall be certified for
accuracy by its Project Financial Officer.
___________
Title: ___________
Address:___________
City, State, Zip:___________
Telephone:___________
Facsimile:___________
Email:___________
D. Participating County Project Contact Person
County Project Contact Person:
. The Participating County has
appointed a County Project Contact Person as identified below. Participating County agrees that
its County Project Contact Person shall be responsible for coordinating and transmitting
information to BSCC and receiving and disseminating information from BSCC. Participating
County agrees that all communications given to its County Project Contact Person shall be
binding as if given to the Participating County.
___________
Title: ___________
Address:___________
City, State, Zip:___________
Telephone:___________
Facsimile:___________
Email:___________
Either Party may change its Project representatives upon written notice to the other Party.
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AB 900 – BSCC Construction Agreement January 28, 2014
ARTICLE 3. PROJECT DOCUMENTS AND APPLICABLE LAWS.
A. Project Documents. The Participating County agrees to construct the Project in
accordance with the following agreements and documents each as may be amended in
accordance with its terms and which, together with the Agreement, shall be referred to herein as
the “Project Documents”: (1) BSCC Jail Construction Agreement Standard Conditions attached
hereto as Exhibit A; (2) Participating County’s Project Proposal [Insert Name and Date of
Participating County’s Bid Proposal]
B.
(“County Project Proposal”); (3) County Project
Description Detail and Budget (“Project Description”) in the form attached hereto as Exhibit B;
(4) Ground Lease, Right of Entry for Construction and Operation, Facility Lease and the Facility
Sublease as those terms are defined in the PDCA; and (5) the PDCA .
Applicable Laws
1. The Minimum Standards for Local Detention Facilities and Local Jail
Construction Financing Program regulations contained in Title 15, Division 1, Chapter 1,
Subchapters 4 and 6 of the California Code of Regulations (“CCR”).
. The Participating County agrees to comply with all federal,
state or local laws, regulations, rules, ordinances and guidelines applicable to the construction of
the Project including, without limitation the following (collectively “Applicable Laws”):
2. The Minimum Standards for Local Detention Facilities and the fire and
life safety regulations contained in Title 24 of the CCR.
3. California Public Contract Code.
4. California Environmental Quality Act (CEQA) contained in Section 21000
et seq. of the California Public Resources Code and Title 14, Division 6, Chapter 3, Sections
15000 et seq. of the CCR.
5. Accounting Standards and Procedures for Counties, California State
Controller, Division of Local Fiscal Affairs.
6. Construction Financing Agreement Administration and Audit Guide.
C. Incorporation of Approved Changes
D.
. Upon their completion, all Participating
County assurances and submittals, submitted to and approved in writing by BSCC are
incorporated herein by reference and made a part of this Agreement.
Precedence. In the event of any inconsistency in the Project Documents, except
as otherwise provided herein, the inconsistency shall be resolved by giving precedence in the
following order: 1) PDCA; 2) the Ground Lease (as defined in the PDCA); 3) this Agreement
including the BSCC Jail Construction Agreement Standard Conditions attached hereto as Exhibit
A; 4) the Right of Entry for Construction and Operation (as defined in the PDCA); 5)
Participating County’s Project Proposal; 6) Participating County Project Description Detail and
Budget; and 7) the Participating County’s proposal(s), modification(s), and submittals. In the
event the Bonds are issued, any inconsistency between the Project Documents and the Bond
Documents shall be resolved by giving precedence to the Bond Documents. To the extent the
Parties mutually agree that a provision of a particular document should control with respect to an
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AB 900 – BSCC Construction Agreement January 28, 2014
inconsistency between that document and another document or documents, notwithstanding the
other provisions of this Section, such provision shall control.
ARTICLE 4. PARTICIPATING COUNTY OBLIGATIONS
Participating County agrees to the following covenants, assurances and submittals:
A. Participating County’s Construction of Jail
B.
. The Participating County shall
construct the Project to ensure and enable compliance with all Applicable Laws, and
Participating County agrees that State Financing and Cash (hard) Match funds shall not supplant
funds otherwise dedicated or appropriated for construction activities. No review or approval
provided by the State, the Agencies or the State Fire Marshal of documents or submittals shall
relieve Participating County of its obligation to design and construct the Project in accordance
with this Agreement and all Applicable Laws including, without limitation environmental,
procurement, safety and health, the AB 900 Jail Financing Program, and Titles 15 and 24 of the
CCR. The Agencies’ review and approval of any Project Document is for the Agencies’
purposes only. No alleged failure or oversight related to the Agencies’ review of the Project or
the Project Documents shall be construed as a wavier of any rights of the Agencies or the State
of California, or construed as an excuse to performance by Participating County under this
Agreement or any other agreement. All Plans (as defined below) prepared by the Participating
County shall be consistent with the Participating County Project Proposal.
Valley Fever
C.
. California is one of several states in the country with soils that may
contain spores known to cause the disease Coccidioidomycosis (sometimes called “Valley
Fever”), which spores may be transmitted through contact with dirt and fugitive dust associated
with construction activities. The Participating County shall disclose this information to
contractor in or prior to execution of a Construction Agreement. The Participating County, its
contractor and any lower-tier subcontractors shall take appropriate precautionary measures
designed to minimize the exposure of their respective employees and other workers, Agencies’
employees, and other individuals or personnel who may be present during construction activities.
Record Keeping and Audit Requirements
D.
. Participating County shall keep such
full and detailed account records as are necessary for proper financial management of the
Project. Participating County shall maintain a complete and current set of all books and records
relating to the design and construction of the Project. Agencies shall be entitled, upon forty-
eight (48) hour written notice, to inspect all books, records, and accounts kept by Participating
County relating to the work contemplated by this Agreement. Within ninety (90) calendar days
after Final Completion (as defined below), Participating County shall deliver to Agencies a
financial audit of the Project (“Final Audit”). The Final Audit shall be performed by a Certified
Public Accountant or a Participating County auditor that is organizationally independent from
the Participating County’s project financial management functions. Nothing in this Article 4(C)
shall limit the Participating County’s record retention obligations as set forth in Article 7 of the
PDCA. For purposes of this Agreement, “Final Completion” shall mean completion of the
Project.
Compliance with Project Documents and Applicable Laws. Participating County
agrees to comply with all terms and conditions of this Agreement, the other Project Documents
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AB 900 – BSCC Construction Agreement January 28, 2014
and all exhibits and schedules attached hereto or thereto and all Applicable Laws.
E. Project Plans
F.
. In addition to all submission requirements under the PDCA, the
Participating County shall submit to BSCC the architectural and design documents, drawings,
specifications, calculations, general and special conditions, submittals, Project budgets,
schedules and contracts (collectively, “Plans”) within the time frames as specifically set forth in
Exhibit B and as otherwise may be required by the Project Documents and Applicable Laws. As
a condition to the financing to be provided by the State through interim financing or the sale of
the Bonds, Participating County shall cause to be prepared, in a form that are ready to construct,
all required Plans and bid documents necessary to solicit bids, and complete the Project on time
and within budget. Participating County is solely responsible for preparing all Plans and other
documents for the public bidding process, as provided by Applicable Law. Participating County
shall not solicit bids for the Project until BSCC, together with the State Fire Marshal, have
approved the final construction documents and specifications and the Department of Finance has
approved these documents and specifications.
Construction
G.
. Participating County shall be responsible to contract for all design
and construction services, and shall manage the day-to-day design and construction of the
Project. Participating County shall cause the design and construction of the Project to be
consistent with the requirements, limitations, and other terms of this Agreement, the Project
Documents, all Applicable Laws, as well as all other agreements between the Agencies and
Participating County.
Operation of Jail
H.
. Participating County shall be responsible to maintain the jail
upon Final Completion and staff and operate the jail no later than ninety (90) days after Final
Completion.
Professional Services
I.
. Participating County shall be responsible for providing all
necessary professional services in order to carry out the design and construction of the Project.
Participating County shall obtain all professional services from properly licensed design
professionals. All Plans prepared by such design professionals shall bear the signature and seal
of the design professional. All construction work on the Project shall be performed by properly
licensed contractors and subcontractors. Participating County is encouraged to utilize a qualified
construction manager and claims avoidance experts to facilitate timely and efficient construction
of the Project.
Completion of Project
ARTICLE 5. SUBSTANTIAL CHANGES.
. Participating County agrees to proceed expeditiously
with, and complete, the Project in accordance with the Project Documents and Plans as approved
by the BSCC and the Agencies and/or as incorporated in all provisions of this Agreement.
Participating County acknowledges and understands that failure to meet application assurances,
construction timelines and any other milestones or timelines as set forth in the Project
Documents or Plans as approved by the Agencies and/or as incorporated in all provisions of this
Agreement, may result at any time in award adjustments or Agreement termination by the BSCC.
In addition to the modification requirements set forth in Article 4, Section 4.2 of the
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AB 900 – BSCC Construction Agreement January 28, 2014
PDCA, no substantial change to the Project Documents or other substantial modification to the
Project may be made by Participating County without the prior written permission of the BSCC.
Minor modifications to the Project do not require BSCC approval, but must be documented and
reported on routine progress reports to the BSCC. Without limiting the foregoing, BSCC
approval shall be required upon any of the following events or circumstances:
1. more than minor changes which affect the design or scope of the Project;
2. a delay or change in the date of substantial completion or Final
Completion;
3. a more than minor change to the design, location, size, capacity or quality
of major items of equipment. As used herein “substantial” is as defined in the State
Administrative Manual, Section 6863. As used herein a minor change is any change which does
not rise to the level of a substantial change under the State Administrative Manual, Section 6863;
4. a change in approved budget categories, or movement of dollars between
budget categories as indicated in Exhibit B; or
5. any change that would impact BSCC or State Fire Marshal construction or
operational regulations including, without limitation, Titles 15 and 24 of the CCR , or which
affects the security or fire and life safety of the facility.
Participating County agrees that its County Construction Administrator will give prompt
notification in writing to the BSCC of the occurrence of any of the above events and report any
substantial modifications to the Agreement for Construction with its contractor. BSCC shall
notify the Department consistent with Article 4 of the PDCA, and the Department shall make a
Scope Change Request to the Board. Approval of this Scope Change Request by the Board shall
be required before material change to the Project Documents or other substantial modification to
the Project may be made by the Participating County.
In no event shall any budget changes be authorized which would cause the amount of
Total Project Costs to be exceeded unless the Participating County covenants to fund such excess
with lawfully available funds and with the consent of the Agencies and so appropriates such
funding.
ARTICLE 6. PROJECT FUNDING
A. Invoices
B.
. Invoice and progress/final reports and all required audit reports shall be
submitted to the BSCC in a timely manner as specified in this Agreement and Exhibit A.
State Financing Obligations
1. In no event or circumstance shall the State or Agencies be obligated to pay
the Participating County under this Agreement or any other Project Document any amount in
excess of the Maximum State Financing. Participating County waives any and all claims against
the Agencies or the State of California for any costs which exceed the Maximum State
Financing. The Participating County is solely responsible for any and all cost, expenses or fees
.
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AB 900 – BSCC Construction Agreement January 28, 2014
of the Project which exceed the Maximum State Financing. Reimbursement of county costs
from State Financing shall be limited to those costs permitted under Article 1(A) of Exhibit A
and/or specifically identified in Exhibit B as “Eligible State Costs” provided, however, the
State’s obligations to reimburse Participating County for any State Financing is contingent on (1)
the availability of Interim Financing and (2) even if Interim Financing is provided, the successful
sale of bonds sufficient to cover all remaining Eligible State Costs. State Financing shall be
subject to the terms and conditions set forth in the PDCA.
2. Eligible State Costs subject to reimbursement shall in no event or
circumstance exceed Maximum State Financing. Because the funds to be paid are limited,
Participating County shall be obligated to complete the Project without additional State
Financing. No additional State Financing will be available, and Participating County should take
all necessary precautions to ensure that the Project is designed and constructed within the Project
budget. The Participating County shall be responsible for any costs exceeding the Total Eligible
Project Costs.
3. State shall reimburse the Participating County for Eligible State Costs
provided Participating County’s performance of the Project is consistent with the Project
Documents, including the Construction Schedule, and Participating County is not in breach of
any term or condition of this Agreement, any Project Document, or any Applicable Law. At
mutually agreed upon intervals as set forth in Exhibit A, Article 7, Participating County shall
submit to BSCC a reimbursement request for payments of Eligible State Costs for which
Participating County has already paid.
4. BSCC may reject any invoice or item on an invoice should it be
determined that such invoice or item is ineligible for reimbursement under the terms of this
Agreement, the Project Documents or any Applicable Laws (“Improper Expenditure”).
Should it later be determined Participating County has been reimbursed for an Improper
Expenditure or the State has made a payment to Participating County in excess of the amount for
which the State is obligated (“Excess Payment”), BSCC may withhold future payments or
repayments in amounts equal to the Improper Expenditure or the Excess Payment. In the event
the amount of an Improper Expenditure exceeds the total reimbursement amount due
Participating County, or should the discovery of the Improper Expenditure or Excess Payment
occur after payment of the Withhold Amount (as defined below), Participating County shall
immediately pay to BSCC the amount of the Improper Expenditure or Excess Payment.
5. At such time as the unreimbursed balance of the Eligible State Costs
equals Five percent (5%) of the total Eligible State Costs (“Withhold Amount”), BSCC shall
withhold that amount as security for Participating County’s performance of all its obligations
under this Agreement. The Withhold Amount shall be released upon satisfaction of all of the
following conditions: (a) there has been Final Completion of the Project, (b) delivery by
Participating County and acceptance by Agencies of the Final Audit and the Final Project
Summary Report, (c) Participating County has staffed and operated the jail as required under
Article 4(G) above, and (d) Participating County is not in breach of any provisions of this
Agreement, the other Project Documents and Applicable Laws.
6. All agreements with the contractor and any other contractor or
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AB 900 – BSCC Construction Agreement January 28, 2014
subcontractor of Participating County or the contractor providing services or goods on the
Project and for which reimbursement with State Financing for all or any portion of the payment
for such services or goods is sought, shall require the contractor or subcontractor to list
construction costs according to the CSI Divisions for the approved Schedule of Values.
C. Participating County Funding
ARTICLE 7. ADMINISTRATIVE OVERSIGHT BY BOARD
. Subject to all terms and provisions of this
Agreement, the Participating County agrees to appropriate and spend cash (hard) matching funds
as provided in Exhibits A and B (“Cash (hard) Match”). Subject to all terms and provisions of
this Agreement, the Participating County agrees to provide in-kind (soft) match in accordance
with Exhibits A and B (“In-kind (soft) Match”). Participating County agrees to expend Cash
(hard) Match funds on a schedule that is at least pro-rata with the percentage expenditure of
Eligible State Costs.
Notwithstanding any other term or condition of this Agreement or any other Project
Document, the scope and cost of the Project shall be subject to approval and administrative
oversight by the Board, as required by California Government Code Section 15820.911.
ARTICLE 8. PERFORMANCE AND PAYMENT BONDS
Participating County shall require the contractor to procure and maintain a payment bond
and a performance bond each of which shall be in an amount not less than one hundred percent
(100%) of the contractor’s total contract price as set forth in the agreement between Participating
County and contractor. The bonds shall be issued by one or more surety companies acceptable
to the Agencies. The performance bond required by this Article 8 shall name the State as an
additional beneficiary under the bonds.
ARTICLE 9. INDEMNITY
As required by California Government Code Section 15820.911(d), the Participating
County hereby agrees to indemnify, defend and save harmless the State, including but not
limited to the Board, the Department and the BSCC, and each of their respective officers,
governing members, directors, officials, employees, subcontractors, consultants, and agents
(collectively, “Indemnitees
ARTICLE 10. DISPUTES
”) for any and all claims and losses arising out of the acquisition,
design, construction, operation, maintenance, use and occupancy of the Project. The
Participating County shall not be obligated to provide indemnity or defense where the claim
arises out of the gross negligence or willful misconduct of the Indemnitees. These obligations
shall survive any termination of this Agreement.
Disputes arising under or relating to this Agreement shall be resolved in accordance with
the provisions of Article 10 of Exhibit A.
ARTICLE 11. GENERAL TERMS AND CONDITIONS
The general terms and conditions published by the Department of General Services at
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AB 900 – BSCC Construction Agreement January 28, 2014
http://www.documents.dgs.ca.gov/ols/GTC-610.doc and applicable to all State of California
contracts are hereby incorporated by reference into this Agreement. In the event of a conflict
between GTC-610 and any sections herein, the sections herein take precedence. In signing
below, the Participating County’s authorized representative represents and warrants that the
Participating County has read and understands these general terms and conditions.
ARTICLE 12. COUNTERPARTS
This Agreement may be executed in one or more counterparts, any one of which need not
contain the signatures of more than one Party, but all of which when taken together shall
constitute one and the same instrument, notwithstanding that all Parties have not signed the same
counterpart hereof.
[SIGNATURE PAGE TO IMMEDIATELY FOLLOW]
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AB 900 – BSCC Construction Agreement January 28, 2014
IN WITNESS THEREOF, the Parties have executed this Agreement, as of the Effective
Date.
BOARD OF STATE AND COMMUNITY CORRECTIONS
By:
Signature of Executive Director or Designee
Name and Title:___________
Date:___________
“PARTICIPATING COUNTY”
County of:
By:
Signature
Name and Title:___________
Date:___________
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AB 900 – BSCC Construction Agreement January 28, 2014
EXHIBIT A
CONSTRUCTION AGREEMENT STANDARD CONDITIONS
ARTICLE 1. TOTAL ELIGIBLE PROJECT COSTS
A. Participating County shall only be reimbursed by the State from State Financing
for Eligible State Costs. “Eligible State Costs” means reasonable and necessary Project costs
actually incurred in construction of the Project and as specified in Exhibits A and B attached to
the Agreement. Eligible State Costs also must be eligible for lease-revenue bond financing
pursuant to this Agreement (including all Exhibits referenced therein) and all California state
laws, rules, regulations, guidelines, and policies including, without limitation, Title 15, Local Jail
Construction Financing Program regulations and any other Applicable Laws. Such Eligible State
Costs shall include, but are not limited to, the items set forth in subsection (1) through (8) below.
Participating County shall receive BSCC’s written consent prior to Participating County’s
incurring the expense for any Project costs not listed below and for which Participating County
wants State reimbursement provided such expenses do not fall within Participating County Costs
as defined below in subsection (B).
1. On-site costs of facility construction of the BSCC-approved local jail
facility project, including site preparation (eligible for State Financing or Cash (hard) Match).
2. Architectural programming and design (for activities by consultants and
contractors; eligible for State Financing or Cash (hard) Match).
3. Construction management (for activities by consultants and contractors;
eligible for State Financing or Cash (hard) Match).
4. Building permit fees, sewer/utility use or unit fees, and building inspection
fees (eligible for State Financing or Cash (hard) Match).
5. Fixed equipment items (e.g., heating, ventilation, air conditioning,
plumbing, lighting, communications, surveillance, security and life/safety equipment, etc.) as
necessary for the operation of the BSCC-approved local jail facility (eligible for State Financing
or Cash (hard) Match).
6. Fixed furnishings items (e.g., built-in and/or permanently affixed counters,
tables, cabinets, seats, etc.) as necessary for the operation of the BSCC-approved local jail
facility (eligible for State Financing or Cash (hard) Match).
7. Installation of existing fixed equipment and furnishings as necessary for
the operation of the BSCC-approved local jail facility (eligible for State Financing or Cash (hard)
Match).
8. Moveable equipment and moveable furnishings (subject to State review
and approval; eligible for State Financing or Cash (hard) Match).
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AB 900 – BSCC Construction Agreement January 28, 2014
B. Participating County must provide a minimum of at least _______percent (__%)
of the Total Eligible Project Costs as any combination of Cash (hard) Match and In-kind (soft)
Match funds. (Note to drafter: Large and Medium counties must provide a minimum of 10%).
Cash (hard) Match funds cannot be used to supplant or replace funds otherwise dedicated or
appropriated by the Participating County for construction activities. Cash (hard) Match funds
cannot be claimed for salaries/benefits of regular employees of the Participating County
Workforce but may be claimed for the services of consultants or contractors engaged to perform
Project related services as described below. Cash (hard) Match funds only include costs of:
1. Items eligible for Eligible State Costs as described above;
2. Preparation costs for full or focused environmental reports (for activities
by consultants and contractors);
3. Off-site costs, including access roads and utilities development, outside of
a reasonable buffer zone surrounding the perimeter of the security fence, detention facility
building and parking lot; and
4. Public art.
C. In-kind (soft) Match funds may be claimed for Project related costs for activities
performed by Participating County staff or consultants. Eligible In-kind (soft) Match funds only
includes:
1. Audit of Total Eligible Project Costs at the conclusion of the Project (staff
salary/benefits of independent Participating County auditor or services of contracted auditor);
2. Needs assessments (staff salary/benefits and/or consultant costs directly
related to the Project);
3. Site acquisition cost or current fair market land value supported by
independent appraisal (on-site land only regardless of acquisition date) and as approved by the
Department of General Services. This can be claimed for on-site land cost/value for new facility
construction, on-site land cost/value of a closed facility that will be renovated and reopened, or
on-site land cost/value used for expansion of an existing facility. It cannot be claimed for land
cost/value under an existing operational local jail facility;
4. Participating County administration (staff salary/benefits directly related
to the Project for activities after October 1, 2011);
5. Transition planning (staff salary/benefits and consultant activities directly
related to the Project for activities after October 1, 2011); and
6. Real estate due diligence costs as billed to the Participating County by the
State.
D. Participating County shall not under any circumstance be reimbursed by the State
from Board interim financing sources, lease-revenue bond funds or from any other financing
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AB 900 – BSCC Construction Agreement January 28, 2014
source for Ineligible Project Costs. “Ineligible Project Costs” means all costs which are not
eligible for lease-revenue bond financing or Participating County matching funds pursuant to the
PDCA (including all Exhibits attached thereto) or pursuant to any California state law, rule,
regulation, guideline, or policy including, without limitation, the AB 900 Jail Financing Program
or any other Applicable Law. Participating County shall be responsible for all Ineligible Project
Costs (“Participating County Costs”). Ineligible Project Costs also shall include but are not
limited to the following:
1. Those Project Costs that are determined by the BSCC to be unreasonable
or unnecessary costs.
2. Detention facility personnel and operational costs and related costs of
supplies.
3. Soil and water contamination assessment/mitigation.
4. Excavation of burial sites.
5. Preparation of Environmental Impact Reports (ineligible for State
Financing; eligible for Cash (hard) Match only if performed by consultants or contractors outside
the regular county work force, eligible for In-kind (soft) Match if performed by county-paid
employees).
6. Bonus payments for early completion of work.
7. Interest charges for late payments.
8. Interest on bonds or any other form of indebtedness required to finance
Project costs.
9. Costs outside the scope of the BSCC-approved Project.
10. Fines and penalties due to violation of or failure to comply with federal,
state or local laws, ordinances, or regulations.
11. Personal injury compensation or damages arising out of or connected with
the Project, whether determined by adjudication, arbitration, negotiation, or otherwise.
12. All costs incurred in violation of the terms, provisions, conditions, or
commitments of this Agreement.
13. Travel and per diem costs.
14. All costs arising out of or connected with contractor claims against the
Participating County, or those persons for whom the Participating County may be vicariously
liable, including, but not limited to, any and all costs related to defense or settlement of such
claims.
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AB 900 – BSCC Construction Agreement January 28, 2014
15. Maintenance costs.
16. Supplanting of existing construction, programs, projects, or personnel.
17. All costs arising out of or attributable to Participating County’s
malfeasance, misfeasance, mismanagement, or negligence.
18. Temporary holding or court holding facilities.
19. Local Jail facilities or portions thereof operated by jurisdictions other than
Participating County.
ARTICLE 2. PARTICIPATING COUNTY’S GENERAL RESPONSIBILITY
Participating County is solely responsible for design, construction, operation, and
maintenance of the Project as identified in Exhibit B of this Agreement. Review and approval of
plans, specifications, or other documents by BSCC, the Agencies and the State Fire Marshal, is
solely for the purpose of proper administration of State Financing by the BSCC and the Agencies
and shall not be deemed to relieve or restrict the Participating County’s responsibility.
ARTICLE 3. PARTICIPATING COUNTY ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
B.
. This Agreement is governed by and
shall be interpreted in accordance with the laws of the State of California. Participating County
shall at all times comply with all Applicable Laws (as defined in the Agreement).
Fulfillment of Assurances and Declarations
C.
. Participating County shall fulfill all
assurances, declarations, representations, and statements made by the Participating County in the
County Project Proposal, documents, amendments, and communications filed in support of its
request for lease-revenue bond funds including adoption of a BSCC approved staffing plan for
staffing and operating the facility in accordance with state standards within ninety (90) calendar
days of construction completion.
Use of State Financing
D.
. Participating County shall expend all State Funds and
identified matching funds solely for Eligible Project Costs. Participating County shall, upon
demand, remit to the BSCC any State Financing not expended for Eligible Project Costs or an
amount equal to any State Financing expended by the Participating County in violation of the
terms, provisions, conditions, or commitments of this Agreement. Any State Financing so
remitted to the BSCC shall include interest equal to the rate earned by the State Pooled Money
Investment Account.
Permits and Licenses
E.
. Participating County agrees to procure all permits and
licenses necessary to complete the Project, pay all charges and fees, and give all notices
necessary or incidental to the due and lawful proceeding of the Project work.
Compliance with Deliverables, Drawings, and Specifications. Participating
County agrees that deliverables, drawings, and specifications, upon which prime and
subcontracts are awarded, shall be the same as those submitted to and approved by the BSCC.
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AB 900 – BSCC Construction Agreement January 28, 2014
F. Prime and Subcontracting Requirements
Participating County assures that for any contract awarded by the Participating County,
such insurance (e.g., fire and extended coverage, workers’ compensation, public liability and
property damage, and “all-risk” coverage) as is customary and appropriate will be obtained.
. In accordance with the provisions of
this Agreement, the Participating County may contract with public or private contractors of
services for activities necessary for the completion of the Project. Participating County agrees
that in the event of an inconsistency between the Agreement and any other Project Document
and Participating County’s Construction Agreement with a contractor, the Project Documents
will prevail. Participating County shall ensure that the contractor complies with all requirements
of the Project Documents and all instructions of the County Construction Administrator
regarding compliance with the Project Documents.
Participating County agrees that its contractor will list construction costs according to the
CSI Divisions for the approved Schedule of Values. Since certain portions of the Project may
not be eligible for State Financing in all requests for reimbursement, the Participating County’s
contractor shall separately list work not eligible for State Financing, and the County Construction
Administrator shall identify such work for the contractor.
Participating County agrees that it is the County Construction Administrator’s
responsibility to provide a liaison between the Participating County, the BSCC, and its
contractor. Participating County agrees that its contractor is not responsible nor required to
engage in direct discussion with the BSCC or any representative thereof, except that the
contractor shall in good faith exert its best effort to assist the Participating County in fully
complying with all requirements of the contract.
Participating County agrees to place appropriate language in all contracts for work on the
Project requiring the Participating County’s contractor(s) to:
1. Books and Records
2.
. Maintain adequate fiscal and Project books, records,
documents, and other evidence pertinent to the contractor’s work on the Project in accordance
with generally accepted accounting principles. Adequate supporting documentation shall be
maintained in such detail so as to permit tracing transactions from the invoices, to the financial
statement, to the accounting records, and to the supporting documentation. These records shall
be maintained for the period set forth in Article 5 below, and shall be subject to examination
and/or audit by the BSCC or designees, state government auditors or designees.
Access to Books and Records. Make such books, records, supporting
documentations, and other evidence available to the BSCC or designees, the Department, the
Board, the Department of General Services, the Department of Finance, the Bureau of State
Audits, their designated representatives, during the course of the Project and for the period set
forth in Article 5 below, and provide suitable facilities for access, monitoring, inspection, and
copying thereof. Further, the Participating County agrees to include a similar right of the state to
audit records and interview staff in any subcontract related to the performance of this
Agreement.
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AB 900 – BSCC Construction Agreement January 28, 2014
3. Contractor Advisement
ARTICLE 4. PROJECT ACCESS
. Be advised that a partial source of financing for
the agreement between the Participating County and contractor for construction of the Project is
the State Financing, and that the Participating County may not have funds to finance the
Construction Agreement independently of the State Financing. The contractor shall in all ways
cooperate with the Participating County and the BSCC in maintaining a good working
relationship. The contractor shall cooperate as instructed by the County Construction
Administrator in resolving any disputes arising under the Agreement.
To the extent not inconsistent with the Bond Documents, as that term is defined in
Article 1 Section 1.1(a) of the PDCA, at all times during construction of the Project and after
final completion, the Participating County shall provide to employees, subcontractors, and
consultants of the Agencies reasonable unrestricted access to observe, monitor and inspect the
Project. The Agencies’ access to observe, monitor and inspect shall include the right to review
all documents and files relating to the Project, as well as construction on the Site, including all
tests and inspections relating to design or construction of the Project.
ARTICLE 5. RECORDS
Participating County shall establish an Official Project File, as defined in Article 7,
Section 7.1 of the PDCA.
Participating County shall establish separate accounting records for receipt, deposit, and
disbursement of all Project funds as specified in Exhibit A Article 9.
Participating County shall maintain books, records, documents, and other evidence
sufficient to reflect properly the amount, receipt, and disposition of all Project funds, including
State Financing, any matching funds provided by the Participating County and the total cost of
the Project. The maintenance requirements extend to books of original entry, source documents
supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll
records, canceled checks, and related documents and records. Source documents include copies
of all awards, applications, and required financial and narrative reports. Personnel and payroll
records shall include the time and attendance reports for all individuals reimbursed under the
award, whether they are employed full-time or part-time. Time and effort reports are also
required for consultants and contractors. Supporting documentation for matching funds, goods
or services shall, at a minimum, include the source of the match, the basis upon which the value
of the match was calculated, and when the matching funds, goods, or services were provided.
Receipts, signed by the recipient of donated goods and/or services should be issued and a copy
retained. Generally accepted government accounting principles and adequate supporting
documentation shall be maintained in such detail so as to provide an audit trail which will permit
tracing transactions from the invoices to the financial statement, to the accounting records, and to
the supporting documentation for the purpose of determining compliance with Section 10115 et
seq. of the California Public Contract Code, Section 8546.7 of the California Government Code,
and Title 2, Division 2, Chapter 3, Subchapter 10.5 Section 1896.60 et seq. of the CCR (as
applicable).
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AB 900 – BSCC Construction Agreement January 28, 2014
Participating County shall maintain all records for the period set forth in the PDCA
(“Record Maintenance Period”). Participating County agrees to protect records adequately
from fire or other damage. When records are stored away from the Participating County’s
principal office, a written index of the location of records stored must be on hand and ready
access must be assured. All Participating County records shall be subject at all reasonable times
to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the BSCC
or designees, the Agencies, and by state government auditors or designees. If any litigation,
claim, negotiation, audit, or other action involving the records has been started before the
expiration of the Record Maintenance Period, the records must be retained until the completion
of the action and resolution of all issues which arise from it or until the end of the Record
Maintenance Period, whichever is later.
ARTICLE 6. ACCOUNTING AND AUDIT REQUIREMENTS
All funds received by the Participating County shall be deposited into separate fund
accounts which identify the funds and clearly show the manner of their disposition. Participating
County agrees that the audit and accounting procedures shall be in accordance with generally
accepted government accounting principles and practices (see Accounting Standards and
Procedures for Counties, California State Controller, Division of Local Government Fiscal
Affairs) and adequate supporting documentation shall be maintained in such detail so as to
provide an audit trail which will permit tracing transactions from support documentation to the
accounting records to the financial reports and billings. Participating County further agrees to
the following audit requirements:
A. Pre-payment Audit
B.
. Prior to the deposit of State Financing into the separate
account, the BSCC may require the Participating County to have a system audit performed by an
auditor satisfactory to the BSCC to insure that the Participating County’s accounting system
meets generally accepted government accounting principles;
Interim Audit
C.
. The BSCC reserves the right to call for a program audit or a
system audit at any time between the execution of this Agreement and the completion or
termination of the Project. At any time, the BSCC may disallow (that is, deny both use of funds
and any applicable matching credit for) all or part of the cost of the activity or action determined
to be not in compliance with the terms and conditions of this Agreement, or take other remedies
legally available; and,
Final Audit. Within ninety (90) calendar days of Final Completion, the
Participating County must obtain and submit a final program audit to the BSCC (see
Construction Financing Program Agreement Administration and Audit Guide). The audit shall
be prepared in accordance with generally accepted auditing standards and government auditing
standards for financial and compliance audits. The audit may be performed by the Participating
County subject to the terms hereinafter described, or the Participating County may hire, at
Participating County cost, an independent auditor to complete the final audit. Participating
County should obtain assurances that the personnel selected to perform the audit collectively
have the necessary skills. It is important that a sound procurement practice be followed when
contracting for audit services. Sound contract and approval procedures, including the monitoring
of contract performance, should be in place. The objectives and scope of the audit should be
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AB 900 – BSCC Construction Agreement January 28, 2014
made clear. In addition to price, other factors to be considered include: the responsiveness of
the bidder to the request for proposal; the past experience of the bidder; availability of bidder
staff with professional qualifications and technical abilities; and whether the bidder organization
participates in an external quality control review program. It should be noted that these steps are
important whether the Participating County is hiring auditors from an outside CPA firm or within
its own internal auditing unit.
Since the audit function must maintain organizational independence, the County
Financial Officer for this Project shall not perform audits of the contract-related activities. If the
Participating County internal auditor performs the audit, the auditor must be organizationally
independent from the Participating County’s accounting and project management functions.
Additionally, Participating County internal auditors who report to the Project Financial Officer,
or to whom the Project Financial Officer reports, shall not perform the audit. The person
conducting the audit shall be a certified public accountant, unless a Participating County auditor
completes the audit. Failure to comply with these qualifications standards could result in the
rejection of the audit report.
At any time, the BSCC may disallow (that is, deny both use of funds and any applicable
matching credit for) all or part of the cost of the activity or action determined to be not in
compliance with the terms and conditions of this Agreement, or take other remedies legally
available.
The BSCC reserves the right to have an audit conducted (at the BSCC’s expense) at any
time between execution of the Agreement up to and including the final audit of the Project.
ARTICLE 7. REPORTS
Participating County agrees to submit fiscal invoices and progress/final reports in a
format specified by the BSCC, and at mutually agreed upon intervals as defined below, during
the period of the Agreement. Reports are due to the BSCC even if State Financing is not
expended or requested in the reporting period. Not submitting invoices and progress/final
reports in a timely manner may result in disbursements being withheld. In addition, Participating
County shall immediately advise the BSCC of any significant problems or changes arising
during the course of the Project.
Without limitation of the foregoing, the following reports are required:
A. Fiscal Invoice and Progress/Final Report
Invoicing/progress reporting interval: The [
. Participating County agrees to submit
fiscal invoices and progress/final reports to the BSCC on the appropriate form provided to the
Participating County during the term of this Agreement and shall do so on a regular schedule of
either monthly, bi-monthly or quarterly. The reports shall include, but not be limited to, Project
construction activities, change orders issued, problems identified, assistance needed, state funds
and match expenditures made, State Financing received, and State Financing requested.
indicate interval]fiscal and progress/final
report must be submitted within forty-five (45) calendar days after the end of [indicate interval].
The due dates for the invoices and progress reports are no later than:
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AB 900 – BSCC Construction Agreement January 28, 2014
___________
___________
___________
___________
B. Final Fiscal Invoice and Project Summary
ARTICLE 8. WITHHOLDING OF STATE DISBURSEMENTS
. Participating County agrees to submit
to the BSCC a Final Fiscal Invoice and Project Summary on the appropriate form provided to the
Participating County within forty-five (45) calendar days of the scheduled construction
completion date identified in Exhibit B. The report shall include, but not be limited to, total state
funds and match expenditures made by budget division, total State Financing received,
remaining State Financing requested, number of BSCC-rated beds added and modified, number
of special use beds added and modified, and a detailed description of the finished Project
including pre-construction and post-construction photographs or other visual material suitable for
public distribution. For purposes of this Exhibit A, “BSCC-rated beds” means the number of
beds dedicated to housing adult offenders for which a facility’s single- and double-occupancy
cells/rooms or dormitories were planned and designed in conformity to the standards and
requirements contained in Titles 15 and 24 of the CCR.“Special use beds” means beds for the
purpose of appropriately housing offenders in medical, mental health, or disciplinary rooms,
cells or units that are planned and designed in conformity to the standards and requirements
contained in Titles 15 and 24 of the CCR.
A. BSCC may withhold all or any portion of the State Financing provided for by this
Agreement in the event that:
1. Participating County Breach of Agreement
2.
. Participating County has
materially and substantially breached the terms and conditions of this Agreement or any other
Project Document.
Insufficient County Funds
3.
. Participating County is unable to demonstrate,
to the satisfaction of the BSCC’s Executive Director, continuous availability of sufficient funds
to complete the Project.
Insufficient Match Disbursement
B. In the event that State Financing is withheld from the Participating County, the
BSCC’s Executive Director or designee shall notify the Participating County of the reasons for
withholding and advise the Participating County of the time within which the Participating
County may remedy the failure or violation leading to the withholding.
. Participating County has not expended
its Cash (hard) Match requirement on a schedule that is at least pro-rata with the percentage
expenditure of, collectively, interim financing and lease-revenue bond funds.
The BSCC will not reimburse counties for costs identified as ineligible for State
Financing. If State Financing has been provided for costs subsequently discovered to be
ineligible, the BSCC may either withhold an equal amount from subsequent payments to the
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AB 900 – BSCC Construction Agreement January 28, 2014
Participating County or require repayment of an equal amount to the State by the Participating
County. Any State Financing so remitted to the BSCC may be subject to interest equal to the
rate earned by the State Pooled Money Investment Account.
ARTICLE 9. DISBURSEMENT
Participating County shall be paid in arrears on invoices of expenditures and requests for
funds submitted to BSCC at mutually agreed upon intervals, see Article 7(A), on the Fiscal
Invoice and Progress/Final Report.Participating County shall supply BSCC with appropriate
expenditure documentation and request for funds on form(s) provided by BSCC and certify to
the accuracy of the report(s) in accordance with generally accepted governmental accounting
principles and BSCC regulations, guidelines, policies and procedures. Participating County shall
further certify that all listed expenditures are actual and that all funds were expended for the
purpose of liquidating obligations identified in Exhibit B and legally incurred.
The State will issue a warrant for eligible funds within approximately thirty (30) to sixty
(60) days of receipt of Participating County invoice and documentation of eligible expenditures.
All requests for payment shall be accompanied by any documentation as may be required by
BSCC or the Board and with such certification(s) as may be required by BSCC.
ARTICLE 10. DISPUTES
Participating County shall continue with the responsibilities under this Agreement during
any disputes. Except as otherwise provided in this Agreement, any dispute concerning a
question of fact arising under, or relating to, the performance of this Agreement which is not
resolved by agreement between Participating County and BSCC staff shall be decided by the
BSCC. This clause does not preclude consideration of legal questions; nothing in this
Agreement shall be construed as making final the decision of any administrative official,
representative, or BSCC on a question of law.
Participating County may appeal on the basis of alleged misapplication, capricious
enforcement of regulations, or substantial differences of opinion as may occur concerning the
proper application of regulations or procedures. Such appeal shall be filed within thirty (30)
calendar days of the notification of the action with which the Participating County is dissatisfied.
The request shall be in writing stating the basis for the dissatisfaction and the action being
requested of the BSCC.
A hearing shall be conducted by a hearing panel designated by the Chairperson of the
BSCC Board at a reasonable time, date, and place, but not later than twenty-one (21) calendar
days after the filing of the request for hearing with BSCC, unless delayed for good cause. BSCC
shall mail or deliver to the appellant or authorized representative a written notice of the time and
place of hearing not less than fourteen (14) calendar days prior to the hearing. The procedural
time requirements may be waived with mutual written consent of the parties involved.
Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of
decision by the BSCC Board within ninety (90) calendar days from the date of the request for
appeal hearing, except in those cases where the appellant withdraws or abandons the request for
hearing or the matter is continued for what is determined by the hearing panel to be good cause.
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AB 900 – BSCC Construction Agreement January 28, 2014
An appellant may waive a personal hearing before the hearing panel and under such
circumstances, the hearing panel shall consider the written information submitted by the
appellant and other relevant information as may be deemed appropriate.
The hearing is not formal in nature. Pertinent and relevant information, whether written
or oral, will be accepted. Hearings will be tape recorded. After the hearing has been completed,
the hearing panel shall submit an advisory recommendation on the matter to the BSCC Board.
The decision of the BSCC Board shall be final.
Notwithstanding any other provision of this Article 10, this Article 10 shall not limit any
other rights or remedies available to the State or any other Agency under any other Project
Document including, without limitation, the PDCA.
ARTICLE 11. REMEDIES
Participating County agrees that any remedy provided in this Agreement is in addition to
and not in derogation of any other legal or equitable remedy available to the BSCC as a result of
breach of this Agreement by the Participating County, whether such breach occurs before or after
completion of the Project. In the event of litigation between the Parties hereto arising from this
Agreement, it is agreed that the prevailing Party shall be entitled to such reasonable costs and/or
attorney fees and costs as may be ordered within the discretion of the Court.
ARTICLE 12. WAIVER
The Parties hereto may, from time to time, waive any of their rights under this Agreement
unless such waiver is contrary to law, provided that any such waiver shall be in writing and
signed by the Party making such waiver.
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AB 900 – BSCC Construction Agreement January 28, 2014
EXHIBIT B
Capitalized terms not defined in this Exhibit B shall have the meaning as set forth in the
Agreement to which this Exhibit B is attached.
PROJECT DESCRIPTION AND BUDGET
County (County): ___________
Name of Facility Subject to Construction: ___________
SECTION 1. PROJECT DESCRIPTION
Provide a description of the Project scope as presented in Exhibit A of the PDCA.
SECTION 2. PROJECT TIMETABLE
Provide an updated Project timetable to include start and completion dates for each of the
following key events: 1) Schematic Design and Operational Program Statement; 2) Design
Development with Staffing Plan; 3) Staffing/Operating Cost Analysis; 4) Construction
Documents; 5) Construction Bids; 6) Notice to Proceed; 7) Construction; and 8) Occupancy.
Note that construction should be substantially complete within three (3) years from Notice to
Proceed and occupancy must occur within ninety (90) days of Final Completion.
SECTION 3. CONSTRUCTION MANAGEMENT PLAN
Provide a general outline of the construction management plan, including methods to
monitor/control the Project and ensure a successful, on schedule completion:
SECTION 4. KEY PERSONNEL
Provide a listing of the names, titles, and roles of key construction and management personnel:
SECTION 5. BUDGET CLASSIFICATION SCHEDULES
In a format acceptable to BSCC, provide budget categories for State Financing, Cash (hard)
Match and In-kind (soft) Match.
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION : Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.
Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made a part of this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS : If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
S:\ADMIN\HOMEPAGE\GTC-610.doc
CCC-307
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court, which
orders Contractor to comply with an order of the National Labor Relations Board. (Pub.
Contract Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm’s offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies, other
than procurement related to a public works contract, declare under penalty of perjury that
no apparel, garments or corresponding accessories, equipment, materials, or supplies
furnished to the state pursuant to the contract have been laundered or produced in whole
or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The contractor further declares under penalty of perjury that they adhere to the
Sweatfree Code of Conduct as set forth on the California Department of Industrial
Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor’s records, documents, agents or employees, or premises if reasonably required
by authorized officials of the contracting agency, the Department of Industrial Relations,
or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after
January 1, 2007, the contractor certifies that contractor is in compliance with Public
Contract Code section 10295.3.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc
Attachment F - Summary Provisions of SB 863 Agreements
SB 863 Legislation and Legal Considerations of Subject Agreements
The legislation, through the subject agreements, includes the followings features and requirements
highlighted below:
The state finances project by sale of lease-revenue bonds, typically sold at about 90%
construction complete, but determined by SPWB and California State Treasurer
The state enters into financing with the State Pooled Moneys Investment Board in the interim
The County cash match is 10%
Construction, design and other consulting costs are billable against the $80 million
County staff costs count toward the 10% cash match requirement
After schematic design County and state enter into a ground lease and right-of-entry
Near time of sale of bonds, County and state enter into a site and facility lease, and lease-back
State makes first reimbursement to County after payment of first construction invoice
County must complete construction within 3 years of construction start
State allows 30 to 60 days for processing pay requests
When state has paid out 95% of grant, it retains 5% until confirmation of safe operation
Project Delivery and Construction Agreement
The Project Delivery and Construction Agreement (PDCA) is the primary document “committing”
the County to the terms of SB 863 in return for the $80 million grant award. The agreement provides
framework; covenants; project scope, cost and schedule; and obligations of County and state which
facilitate state’s sale of bonds to finance the project. Important highlights of the PDCA include the
following:
Project is subject to approval and oversight by state
County indemnifies and holds harmless the state for claims and losses out of breach by County
State can terminate if it determines bond financing is not feasible or otherwise inappropriate
County can terminate if construction bid results prevent County’s ability to proceed
Any savings in Project Budget go first to County if County has paid more than 10%, and beyond
that, are shared between parties on a pro rata basis, but county never pays less than 10%
It should be noted that if the state were to withhold sale of bonds until 90% construction complete, the
state, using its interim financing, would have given the County roughly $70 million by that point, and the
County would have spent roughly $7 million (90% of $7.87 million). Should the state exercise its right to
abandon the bond sale at that point, or even beyond, it is obligated to repay what it has borrowed and all
associated costs; not the County; in accordance with terms of the PDCA. In that event, there is no site or
facility lease between the parties and the facility ownership remains with the County, in accordance with
the terms of the PDCA, and the state is not obligated to make any further payments to the County. If the
project is not yet complete, the County could either finance its completion or abandon the project.
If, having advertised for construction bids, the County receives bids that are higher than the project can
afford and terminates the PDCA under its provisions, County and state can mutually terminate the
agreement within thirty days of notice. No party makes any payments to the other. The County at that
point would have spent roughly $9 million on the project, most of which would otherwise have been
reimbursable by the state.
Exhibit A – Project Scope, Cost and Schedule: This exhibit to the PDCA defines the scope, cost
and schedule of the project.
Exhibit B – Ground Lease: The County will enter into a lease agreement with the state giving
state possession of the real property upon which the facility is to be built, plus a reasonable buffer zone
beyond it for access roads and security fencing. This real property is hereinafter referred to as the “facility
footprint.” County leases Site to DCR. State Public Works Board can re-let the Jail if default occurs
under Facility Lease. County also promises DCR “quiet enjoyment” of site and “improvements” (the new
Jail facility). Terminates on same date as Facility Lease, but not before all State indebtedness for Project
repaid. County has limited right to terminate Ground Lease by properly terminating PDCA. (Executed
concurrently with Right of Entry for Construction.) The ground lease is entered into after completion of
schematic design, when the facility footprint is defined, and after other state certifications are completed.
The lease terminates when the bonds are paid. Damages for default are limited to specific performance or
money damages, but the lease cannot be terminated as long as bonds are outstanding, even in the event of
default. The form of the lease is attached.
Exhibit C – Right of Entry for Construction and Operation: This is between CDCR and the
County, and authorizes the County and our contractors to use the site that has been leased to the state. It
further provides for the County to operate the facility if it is completed prior to the sale of bonds. It
requires County to indemnify and hold harmless the state for any claims and loses arising out of the
facility construction. It is entered into concurrently with the ground lease and terminates when bonds are
paid.
Exhibit D – Facility Sublease: This is between CDCR and County, and subleases back to County
the facility for its use, operation and maintenance. It is enter into when the state enters in the sale of the
bonds, and terminates when the bonds are paid, but not longer than 35 years. The Sublease agreement
requires County to maintain the facility, pay for utilities and taxes, pay commercial general liability
insurance or acceptable self-insurance program, and promise it will not abandon the facility. It requires
CDCR to pay rent, and insurance policies (see next paragraph).
Facility Lease – This is an additional form agreement listed in the SB 863 RFP compared to SB
1022. It does not appear to be incorporated into the PDCA at this time. According to the RFP it is an
agreement agreement between the BSCC and the CDCR and participating county with the consent of the
SPWB. The agreement relates to the same property referred to in Exhibit D above.
The state agency CDCR enters into a Site Lease and Facility Lease with the state agency SPWB at the
time of bond issuance. These leases expire when bonds are paid. They transfer control and possession of
the facility between CDCR to SPWB for purposes of allowing SPWB to issue the bonds. They require
CDCR to maintain property casualty insurance and rental interruption insurance. The Facility Lease in no
event lives longer than 35 years.
The timing of the bond issuance is determined by SPWB in consultation with California State Treasurer,
and is largely driven by state’s federal tax law considerations.
BSCC Construction Agreement
The Construction Agreement with the Board of State and Community Corrections (BSCC), referred
to as the JCA, is the second of the two main agreements, and sets forth roles, responsibilities and
performance expectations of the parties for construction of the facility. Important highlights of the PDCA
include the following:
County agrees to staff, maintain and operate the facility
County agrees to be responsible for any cost overruns
BSCC "BUDGET SUMMARY TABLE"LINE ITEMSTATE REIMBURSEDCASH MATCHIN-KIND MATCH TOTALCounty Overmatch IneligibleConstruction$65,475,520 $6,060,000 $71,535,520 0Additional Eligible Costs$4,106,847 $170,000 $4,276,847Architectural$6,965,000 $212,000 $7,177,000 $65,000Project/Construction Management$3,436,634 $310,000 $3,746,634 $60,000CEQA (Prior to Project Establishment)$0 $150,000 $150,000State Agency Fees$16,000 $54,000 $70,000Audit$50,000 $0 $50,000 $0Needs Assessment$55,000 $20,000 $75,000 $5,000Transition Planning$200,000 $900,000 $1,100,000 $15,000County Administration$1,569,787 $1,569,787 $50,000Land Value$680,000 $680,000TOTAL PROJECT COSTS$80,000,000 $7,261,000 $3,169,787 $90,430,787 $195,000PERCENT OF TOTAL88.47% 8.03% 3.51% 100.00%County Overmatch - Ineligible Project Cost$195 000County Overmatch - Ineligible Project Cost$195,000Total Project Cost$90,625,787Costs Already Paid/Budgeted by County$3,714,787Costs to be Paid by State$80,000,000Remaining County Cost "Out of Pocket"$6,911,000
Attachment H – Project Milestones
Notice of Intent to Award State Funding November 11, 2015
CEQA Documentation Completion Deadline May 10, 2016
Schematic Design Complete October 13, 2016
Design Development Complete April 4, 2017
Construction Documents Complete January 15, 2018
Begin Bidding Process January 3, 2018
Bid Opening March 8, 2018
Notice to Proceed to Construction June 2, 2018
Construction Complete January 23, 2020
Occupancy March 13, 2020
$0$10,000,000$20,000,000$30,000,000$40,000,000$50,000,000$60,000,000$70,000,000$80,000,000$90,000,000Project CostWRTH Facility EXPECTED PROJECT CASH FLOWMonthly ExpensesTotal Project CostState ContributionCapital Designation
SB863JailConstructionGrant
ProposedOperatingExpenditures
Program Personnel - Office of Rehabilitative and Behavioral Services:WCDF MDF,MCDF
Director of Rehabilitative and Behavioral Services, LCSW 1 0 1 $110 ,000 $110,000
Admin Assistant 1 0 1 $35,000 $35,000
Multi-Disciplinary Services Manager, LCSW 1 0 1 $65,000 $65,000
Parenting Inside Out/Family Support Manager, LCSW 1 0 1 $65,000 $65 ,000
Behavioral Health & Parenting Inside Out Counselors (Inside) 6 4 1 0 $45,000 $450,000
Job and Resource Developers (Primarily Outside) 3 3 6 $45,000 $270,000
Transition Specialists (Inside and Outside) 3 2 5 $45,000 $225,000
Data and Evaluation Manager 1 0 1 $65,000 $65,000
Personnel Before Benefits 17 9 26 $1,285,000
Benefits@25 %$321,250
Personnel $1,606,250
Office supplies: $32 per FTE per month 26 $32 $9,984
Communications: Cell Phones @$50/month/FTE 26 $50 $15,600
Jail to Communities Council meeting materials: $75/meeting month 12 $100 $1,200
Staff training: $250/FTE/yr 26 $250 $6,500
Staff travel $.565/ mile @ 300 miles/mo. for Job and Res. Dev. and Trns. Spcs. 11 $814 $8,950
Contract grant writer $20,000
Operating Costs $62,234
Indirect @ 12%$200,218
Total Costs $1,868,702
Academic/Vocational Personnel Costs - CCCOE: WCDF MDF,MCDF
Full Time Certificated Teacher - Step 7 2 0 2 $76,000 $152,000
Benefits@53% $82,000
Total Cost $234,000
Mental Health Practitioner Costs - CCC Detention Mental Health:WCDF MDF,MCDF
Full Time Mental Health Clinician
Salary and Benefits 2 0 2 $169,440 $338,880
Total Cost $338,880
Total Estimated Annual Program Personnel Costs:$2,441,582
Contra Costa County Office of the Sheriff Personnel Costs WCDF M DF,MCDF
Deputy Sheriff
Salary and Benefits 6 0 6 $226,845 $1,361,070
Sheriff's Aide
Salary and Benefits 6 0 6 $105,233 $631,398
Total Cost $1,992,468
Total Estimated Annual Sheriff's Personnel Costs:$1,992,468
TOTAL ESTIMATED NET ANNUAL PERSONNEL COSTS $4,434,050
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
TABLE OF CONTENTS
1. PROJECT OVERVIEW ....................................................................................................................1
1.1. GENERAL PROJECT DESCRIPTION ............................................................................................................ 1
1.2. SUMMARY OF HOUSING UNIT CONFIGURATIONS ...................................................................................... 1
1.3. GENERAL FACILITY PLANNING CONCEPTS AND GOALS ............................................................................... 2
1.4. ASSOCIATED FACILITIES IMPACTS ........................................................................................................... 2
2. FACILITY OPERATIONAL DESCRIPTION AND RECOMMENDATIONS ................................................3
2.1. FACILITY ACCESS/EGRESS ..................................................................................................................... 3
2.2. SECURITY ZONING AND USER GROUP ACCESS .......................................................................................... 4
2.3. INTRODUCTION AND ORGANIZATIONAL STRUCTURE .................................................................................. 5
3. FUNCTIONAL PROGRAM – COMPONENT DETAIL ..........................................................................7
3.1. CUSTODIAL HOUSING UNITS: STANDARD HOUSING UNIT ........................................................................... 7
3.2. CUSTODIAL HOUSING UNITS: BEHAVIORAL HEALTH POD ......................................................................... 10
3.3. CUSTODIAL HOUSING UNITS: SPECIAL SERVICES UNIT ............................................................................. 10
3.4. CUSTODIAL HOUSING UNITS: INTENSIVE SERVICES UNIT .......................................................................... 12
3.5. HOUSING UNITS SUPPORT COMPONENTS ............................................................................................. 15
3.6. RECREATION ..................................................................................................................................... 19
4. REENTRY SERVICES COMPLEX .................................................................................................... 20
4.1. REENTRY SERVICE COMPLEX: GENERAL PROGRAM FACILITIES ................................................................... 20
4.2. REENTRY SERVICE COMPLEX: WORKFORCE READINESS CENTER ................................................................ 22
4.3. REENTRY SERVICE COMPLEX: PROGRAMS STAFF SUPPORT ....................................................................... 25
5. FACILITY SERVICES .................................................................................................................... 26
5.1. VISITING .......................................................................................................................................... 26
5.2. COMMISSARY ................................................................................................................................... 33
5.3. FOOD SERVICE .................................................................................................................................. 35
5.4. LAUNDRY ......................................................................................................................................... 36
5.5. LIBRARY ........................................................................................................................................... 37
6. FACILITIES SUPPORT .................................................................................................................. 38
6.1. SECURITY CONTROL ........................................................................................................................... 39
6.2. FACILITIES MAINTENANCE AND CUSTODIAL ........................................................................................... 41
6.3. ADMINISTRATION .............................................................................................................................. 43
6.4. STAFF SUPPORT (LOCKERS, TRAINING, AND STAFF DINING) ....................................................................... 43
6.5. WAREHOUSE .................................................................................................................................... 43
6.6. BOOKING, CLASSIFICATION, TRANSFER, AND RELEASE ............................................................................. 43
6.7. PERSONAL PROPERTY: ALL PROPERTY WILL REMAIN AT THE MDF BOOKING FACILITY ................................... 43
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
1. PROJECT OVERVIEW
General Project Description 1.1.
This project proposes the development of a new 416-bed Adult West County Reentry,
Treatment, and Housing Facility (WRTH) to be built on a vacant pad on the southern portion
of the County-owned West County Detention Center (WCDF) at 5555 Giant Hwy, Richmond,
Contra Costa County, CA 94806. WRTH entails construction of a largely self-contained
complex, as follows:
x Six, 64-bed high security Standard Housing Units; two adjacent Housing Units are
considered a Housing Pod, sharing some functional elements
x One, 96-bed Behavioral Health Housing (32-bed Intensive Services Unit and a 64-
bed Special Services Unit)
x A Reentry Services Complex providing space for workforce readiness, therapeutic,
rehabilitation, academic, and child-parent visitation, along with program staff areas
x A medical/psychiatric outpatient clinic
x Non-contact in-person visiting and video-visiting areas
x A satellite central control facility
Summary of Housing Unit Configurations 1.2.
Each of WRTH’s five Standard Housing Units will contain 32 double-bunked cells
distributed evenly among a main level and mezzanine. In addition to five Standard Housing
Units, WRTH will also contain a new Behavioral Health Housing Pod containing two
housing units for people requiring intensified support: a 32-bed Intensive Services Unit (ISU)
and a 64-bed Special Services Unit (SSU). Both the ISU and the SSU will operate on a
direct supervision basis, reinforced by an indirect supervision control station serving the
entire Behavioral Health Housing Pod. Reference Component 1.0 in the Detailed Functional
Programming section provided with this document.
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
General Facility Planning Concepts and Goals 1.3.
a. Create a safe and secure environment to enhance reentry success and reduce
recidivism
x Provide safe and efficient high-security housing consistent with Title 15 and Title 24
x Provide housing with the necessary components, design, configuration, and fittings
to provide maximum flexibility in housing incarcerated people of various needs and
security classifications
x Provide high-security housing units that contain programming spaces to increase
both operational efficiencies and access to in-unit programs and services
x Effectively and safely operate using either direct or indirect supervision
x Provide a safe and secure Reentry Success Complex to foster access and efficacy
for a wide array of educational, legal, psychiatric, workforce readiness, rehabilitation,
and reentry services
b. Foster positive relationships
x Encourage staff to interact and engage with people incarcerated in the facility
x Strengthen relationships between incarcerated parents and their children through
supported and facilitated contact-visitation
c. Maximize operating efficiencies
x Reduce operational costs by providing direct lines of sight wherever possible
x Incorporate sustainable design and materials to decrease utility operational costs
x Leverage and draw support services from existing functions and facilities at WCDF
x Establish both facilities design and operational processes to ensure that all programs
and services, including child/parent contact visitation, are accessible to all people
housed in WCDF/WRTH.
Associated Facilities Impacts 1.4.
WRTH will leverage a wide variety of support facilities already in place at WCDF, minimizing
operational and staffing cost. Most of the existing custodial housing support facilities, service
generation points, and general operations will continue to function on an as-is basis, with
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WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
some expansion of existing capacity to serve WRTH:
x Booking, classification, transfer, and release (including storage or personal property
storage) will continue to be located and operated only at the County’s Martinez
Detention Facility (MDF). A new, small, holding area at WRTH will be used to stage
people being transferred between MDF and WCDF.
x The existing WCDF kitchen will prepare all meals for WRTH; places to stage food
carts will be the only addition related to food service.
x The existing WCDF laundry will process all clothing and linens for the proposed
WRTH; places to stage laundry carts will be the only addition related to laundry
service.
x The existing WCDF Warehouse and Building Maintenance will serve WRTH; the
creation of small general storage closets and custodial closets are the only related
additions planned for WRTH.
x The existing WCDF Central Control will support a new Security Control Center within
WRTH; each will function as a backup to the other.
x The existing WCDF library will service the new WRTH. No library facilities are
planned for WRTH.
x The existing WCDF Administration Area will serve WRTH. No facilities are planned
for Administration at WRTH.
x The existing WCDF staff support areas (lockers, conference, training, gym) will serve
WRTH. No Sheriff’s staff support facilities are planned for WRTH.
2. FACILITY OPERATIONAL DESCRIPTION AND RECOMMENDATIONS
2.1. Facility Access/Egress
WRTH will be accessed from within the security perimeter of the WCDF campus. The
number of WRTH’s access/egress points will be held to a minimum to facilitate secure
operations, while of sufficient quantity and size to assure the safe and efficient movement of
vehicles, persons, and supplies. Staff and public will enter the WCDF campus using existing
access/egress points. The building access/egress points will be limited to serve the following
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
specific purposes and user-groups:
x Public/Visiting Lobby: Building 1, located on the main WCDF campus, will serve as
the public and professional visit and program provider reception and processing
point. This lobby will function as the sole public access/egress point into the facility.
Video-visitation carrels will also be provided at this location.
x Staff Entrance: There will be only one authorized-staff access/egress point, and that
which exist in Building 1 on the main WCDF campus will continue to serve that
purpose, as it provides convenient access to existing staff support facilities, including
lockers, training, and administrative office and support space.
x In-Custody Transfer: All incarcerated people being transferred to and from WRTH
will be transported via official sedans, vans, and full size buses. All vehicles will pass
through the campus main vehicle sally port and then onto a dedicated vehicle sally
port that will be located adjacent to WRTH. Transferring incarcerated people will then
pass through a dedicated secure pedestrian sally port into WRTH and be either
escorted directly to their assigned housing unit or placed in individual and group
temporary holding cells, which have been provided in sufficient number to provide
staff with ability to adequately segregate incarcerated people.
x Deliveries: Deliveries to the WCDF campus will remain unchanged. Supplies and
other items that will be moving in and out of WRTH will be handled by authorized
staff and moved through either the secure pedestrian sally port utilized by authorized
staff and incarcerated people, or by a dedicated roll-up door that provides
access/egress from a secure supplies/materials staging area.
2.2. Security Zoning and User Group Access
For the purposes of this document, the facility user-groups are categorized as follows:
a. Visitors:
x Public (contact and non-contact)
x Professional (non-contact; attorneys to use pass-throughs for documents)
b. Staff:
x Sheriff’s Staff
x General County Staff
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
x Contract Staff
x Program Providers (Education, CBO Program Providers, Volunteers)
c. Incarcerated People
x Administrative Segregation
x Gang Members/ Gang Drop Outs
x High Security – General Population
x Behavioral Health
x Protective Custody
2.3. Introduction and Organizational Structure
This section provides detailed programmatic information for each primary functional
component that will be located and operated within WRTH, organized on a component-by-
component basis. This information is intended to be used in concert with, and to
supplement, the space program and adjacencies/facility layout concepts that accompany
this document. Lastly, this narrative is not intended to provide design and or engineering
specifications, or restate design and operational requirements outlined in state and local
building codes, including Titles 15 and 24. Each component will be addressed in the
following standardized format:
Primary Function: Describes the component’s primary mission and purpose.
Planned Activities, Programs, Processes, and Operations: Describes what activities and
programming will occur within the component; and/or what processes will be used to deliver
a service, or provide a function; and/or how the component will be operated.
General Facilities Description: Describes the component’s facilities characteristics, in terms
of: spatial requirements, configuration, number of levels, general arrangement of spaces,
and other factors. It is recognized, however, that a number of practical design constraints
may affect the ideal spatial arrangement documented here and in the incorporated
diagrams.
Contra Costa County, California
WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
Special Design Concerns: Addresses specific design issues or concerns that have surfaced
during interviews and workshops held as a part of this programming effort, along with
additional recommendations developed by this programming/design team. The narrative
supplied below is also supplemented on a line item-by-line item basis in the “comments”
column of the building space program.
Locational Criteria: Describes the component’s general location within the facility and its
proximity to other components within the facility.
Hours of Operation: The purpose of documenting the hours of operation is to aid the
programming and design team in quantifying the number of people that will be onsite at any
given time. Accomplishing this task will in turn, provide information that will be utilized to size
specific component area and understand the flow of persons throughout the facility at
various periods during the day.
Typical Users: The user groups occupying or using given component/functional area will be
identified in the following categories: Public Visitors, Professional Visitors, Program
Providers, Sheriff’s Staff, Other County Staff, and Contract Staff. Quantifying this information
will aid the programming/design team in defining component security zones and the
configuration of primary circulation corridors within the facility.
Service Demand: Service demand is quantified (where data/estimates were readily available
from the county) in terms of number of persons served, number clients, volume of meals
served, etc. This quantification will be documented wherever the County provided specific
data. If specific data was unavailable, then the programming-design team relied on best
estimates by staff and the programming-design teams’ experience in developing other like
facilities. These data and calculations have aided the programming-design team in sizing a
given area and in some cases the degree of circulation space required.
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Operational Capacity: Quantifies the number of occupants, users, vehicles, volume of
materials, etc., within a given area. The programming/design team will also utilize this data
to size and configure a given area.
3. FUNCTIONAL PROGRAM – COMPONENT DETAIL
3.1. Custodial Housing Units: Standard Housing Unit
Primary Function: This component will provide facilities for the day-to-day housing of
incarcerated people. The population will include only high-security sentenced and un-
sentenced men, classified into Administrative Segregation, Gang Members, Gang Drop-
Outs, High Security General Population, and Protective Custody. People housed in these
facilities may be serving sentences of unspecified duration.
Planned Activities, Programs, Processes, and Operations: The primary activities to occur in
the housing units include: sleeping, personal hygiene, dining, academic education,
counseling programs (on an individual, small group, and large group basis), indoor
recreation/leisure activities (TV, board games, reading), outdoor recreation, non-contact
visiting, video visiting, and authorized telephone calls to the outside. Mail will be delivered
directly to the units, but must be opened in the presence of staff to prevent contraband from
being introduced into the living unit. No visiting will occur in the living units. Residents of
WRTH will sleep in and attend to their immediate personal hygiene in mostly double-
occupancy “wet” cells (equipped with combination unit comprised of a toilet and lavatory),
but will utilize common showers fitted with privacy screens observable from the officer
control station. All dining will occur in the dayroom.
General Facilities Description: All Standard Housing Units will be configured in an industry-
common modern podular floor layout. Each housing pod will have 32 wet cells, sized to
accommodate double bunking, one of which will be ADA accessible. Therefore, each
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housing unit will have a capacity of 64 beds, arrayed on a main floor and a mezzanine. The
main floor will contain approximately half of the unit’s cells, the dayroom (which will include
video-visitation carrels), a variety of classrooms and program rooms, security sally port;
contact and non-contact visiting booths (secure side only with the pod), an adjacent outdoor
recreation area, and other lesser areas as identified in the building space program. The
mezzanine will contain the remaining cells and be open to the dayroom below to provide
ample design opportunities to provide natural light into the housing unit.
Special Design Concerns
Podular Design Configurations for Direct and Indirect Supervision Operations: The housing
units will have a podular configuration and be configured to support direct-supervision
operations. The design of the housing pods will: 1) provide for operational flexibility in
program delivery methods; 2) yield efficient staff to housed inmate ratios achieved through
superior architectural solutions; 3) facilitate ease in segregating people; and 5) unimpaired
lines of sight between the officer’s control station and ideally all program areas, including
sleeping rooms, personal hygiene areas (fitted with privacy screens), dayrooms, bonus
rooms, interview rooms, and outdoor recreation areas.
Use of a prototypical design for the standard living units will be applied to promote
consistent rules, operational procedures, and training for staff among each unit. The design
will also focus on configuring units to minimize the need for expensive technologies by
facilitating direct human supervision of the unit and staff’s involvement with people housed
within it. This approach includes devoting particular attention to the size and arrangement of
specific areas, sight lines to and from them, and distances that staff must traverse to attend
to activities and incidents that may occur within the unit.
Operational Flexibility: To provide for the highest degree of operational flexibility, all
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standard housing units will be designed to allow a broad spectrum of programs to be
delivered within the units – either for the entire unit, or for specific individuals whose access
to centralized program facilities may be restricted for a variety of reasons. Implementing this
basic concept will allow staff to easily change the programming for a given person at any
time. Being able to alter program access by allowing for varied degrees of movement within
the overall facilities and providing for graduated levels of access to amenities and programs
is an integral part of behavior modification practices. Therefore, a “Bonus Room” has been
included in each standard housing unit, which simulate more of a living room environment
with softer furnishings, a dedicated TV, and more sound attenuation between it and the
unit’s dayroom.
Control of Noise and Activities: All living units must be able to effectively provide for multiple
and different activities to occur at the same time that require, or result in different noise
levels, such self-study and reading, indoor board games, arts and crafts, and outdoor
recreation. Therefore, areas supporting these activities will be carefully planned.
Durability and Maintenance: The housing pods will be designed with durability and ease of
maintenance. Access to plumbing will be through chases easily accessible to maintenance
personnel. Each housing unit will have a janitor closet (with mop sink) to allow ready access
to cleaning materials to maintain cells and common pod areas; the floors will be of sealed
concrete with drains, and lighting fixtures and glazing will be industry-typical tamper-proof.
Locational Criteria
The Standard Housing Units will ideally be placed deep into the facility and be co-located to
provide design opportunities to share recreation yards (which will require careful scheduling,
in order to maintain separation of different non-compatible in mate classification types). As
many housing units as possible will be clustered around Central Control, so that the
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movement of incarcerated people and staff within and among units can be observed via
direct line of sight (to the degree possible), supplemented by facility-wide CCTV/intercom,
and door control systems.
Hours of Operation: 24/7/365
Primary Users:
Incarcerated People Authorized Sheriff’s Staff
Secondary Users:
Public Visitors (Non-Contact) Authorized Program Provider Staff
Professional Visitors (Non-Contact, attorneys provided w/pass-through)
County Maintenance Staff
Service Demand: overall population levels within the County’s detention system will dictate
Service demand for this component.
Operational Capacity:
Incarcerted People ................................................... 64
Deputies ..................................................................... 2
Behavioral Health/Program Provider Staff .................. 4
Public Visitors (non-contact) .................................... 12 (two per visiting booth)
Professional Visitors ................................................... 2 (two per visiting booth)
Total Maximum Operational Capacity ................... 84
3.2. Custodial Housing Units: Behavioral Health Pod
The new Behavioral Health Housing Pod will constitute two housing units: one, 32-bed
Intensive Services Unit (ISU), and one 64-bed Special Services Unit (SSU). Both will
operate on direct supervision yet be observable from a common indirect supervision control
station serving the entire pod. All cells on the lower level of each unit will be fitted with
maximum glazing to facilitate observation and monitoring by correctional officers.
Incarcerted People with an elevated risk of suicide typically will be housed only in cells on
the main level.
3.3. Custodial Housing Units: Special Services Unit
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Primary Function: This component will provide facilities for the day-to-day housing of people
experiencing short-term decompensation, detox, or need for stabilization. To provide for
increased access to programs and treatment, this unit will contain additional program and
staff spaces.
Planned Activities, Programs, Processes, and Operations: In terms of basic operations, this
unit will function similar to the Standard Housing Units, but with some notable differences.
Incarcerated men with elevated risk for suicide or self-harm will be housed on the main level
in cells fitted with doors with expanded glazing, to permit increased observation by detention
staff. Regardless, residents of the Special Service Unit will have access to significantly
increased amounts of one on one and small group counseling and therapy. Psychiatric and
correctional staff, primarily via direct supervision, will also closely monitor all residents of this
unit.
General Facilities Description: This housing unit will be configured in an industry-common
modern podular floor layout. Similar to the Standard Housing Units, the main level will
contain 16 cells; a day room; multiple program and classroom spaces; common showers;
housing control; security sally port; contact and non-contact and visiting booths; other lesser
areas as identified in the building space program, and an adjacent outdoor recreation area.
Special Design Concerns: In addition to those identified for the Standard Housing Units, the
Special Services Unit will:
x Provide CCTV monitoring of each safety and observation cell
x Include maximum glazing for safety and observation cells
x Select finishes, furnishings, equipment, and other facility fit-out items that reduce
potential for self-destructive/inflicted injury
x Provide increased acoustical treatment to mitigate noise levels
x Include the use of alternative finishes to reduce environmental stimulus and
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stressors while assuring durability
Locational Criteria: The behavioral housing units must be co-located in a single pod, be
situated adjacent to the Standard Housing Units, yet be located as close as possible to the
Medical/ Psychiatric Outpatient Clinic (Component 3.2).
Hours of Operation: 24/7/365
Primary Users:
Incarcerated People (Behavioral Health only) Authorized Sheriff’s Staff
County Behavioral Health, Medical Staff
Secondary Users:
Public Visitors (Non-Contact) Authorized Program Provider Staff
Professional Visitors (Non-Contact, Attorneys provided w/pass-through)
County Maintenance Staff
Service Demand: Service demand for this component will be dictated by overall population
levels within the County’s detention system and the number of people with behavioral health
needs.
Operational Capacity:
Incarcerated People ......................................... up to 32 (20 typical)
Deputies ..................................................................... 1
Behavioral Health Staff ................................................ 2
Program Providers ..................................................... 4
Public Visitors (non-contact) ...................................... 6 (two per visiting booth)
Professional Visitors ................................................... 2 (two per visiting booth)
Total Maximum Operational Capacity ................... 47
3.4. Custodial Housing Units: Intensive Services Unit
Primary Function: This component will provide facilities for the day-to-day housing of people
with serious and persistent mental illness who cannot function in general population.
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Located on the first floor to mitigate safety risks, and fitted with maximum glazing to facilitate
observation and safety, all cells within the ISU will be rated for double-bunk capacity;
however, given the high-needs population it is intended to serve, the ISU will contain a mix
of single and double bunks, with an expected average daily population of 20 people.
Planned Activities, Programs, Processes, and Operations: In terms of basic operations, this
unit will function similar to that of the general population, but with notable differences.
Psychiatric and correctional staff on, primarily on a direct supervision basis, but also on an
indirect basis, will closely monitor all people housed in this unit. Given that essentially all
programs and services for the vulnerable residents housed in ISU will be delivered within
the unit, the ISU will contain sufficient space to support robust behavioral health treatment.
General Facilities Description: This housing unit will be configured in an industry-common
modern podular floor layout. However, because this unit is intended for people requiring the
highest levels of care, this 32-bed maximum rated capacity unit will include two safety cells
(dry) and 16 wet cells that can be configured as single- or double-bunked cells, housing an
average daily population of approximately 20 people. As with the Standard Housing Units,
this unit will contain a dayroom, bonus room/area, multipurpose rooms, interview and exam
rooms, common showers, housing control, security sally port, non-contact visiting booths
(secure side only within the unit), other lesser areas as identified in the building space
program, and an adjacent outdoor recreation area. However, in further contrast to the
Standard Housing Units, this unit will also have a medical exam room and an additional
psychiatric interview room. Because behavioral health staff anticipates that nearly all
programming for these people will be delivered within the housing unit, it will also contain a
staff office.
Special Design Concerns: In addition to those identified for the Standard Housing Units:
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x Provide CCTV monitoring of each safety and observation cell
x Consider maximum glazing for safety and observation cells
x Consider potential for self-destructive/inflicted injury by incarcerated people relative
to finishes, furnishings, equipment, and other facility fit-out items
x Consider increased acoustical treatment to mitigate noise levels
x Consider the use of alternative finishes to provide a de-stressing environment while
assuring durability
Locational Criteria: The behavioral housing units must be co-located in a single pod, be
situated adjacent to the Standard Housing Units, yet be located as close as possible to the
Medical/ Psychiatric Outpatient Clinic (Component 3.2).
Hours of Operation: 24/7/365
Primary Users:
Incarcerated People (Behavioral Health only) Authorized Sheriff’s Staff
County Behavioral Health, Medical Staff
Secondary Users:
Public Visitors (Non-Contact) Authorized Program Provider Staff
Professional Visitors (Non-Contact; attorney, provided w/pass-through)
County Maintenance Staff
Service Demand: Service demand for this component will be dictated by overall population
levels within the County’s detention system and the number of people with intensive
behavioral health conditions.
Operational Capacity:
Incarcerated People ......................................... up to 32 (20 typical)
Deputies ..................................................................... 1
Behavioral Health Staff ................................................ 2
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Program Providers ..................................................... 4
Public Visitors (non-contact) ...................................... 6 (two per visiting booth)
Professional Visitors ................................................... 2 (two per visiting booth)
Total Maximum Operational Capacity ................... 47
3.5. Housing Units Support Components
Primary Function: To provide for public and professional non-contact visitation incarcerated
people; holding facilities for incarcerated people being transferred into and out of WRTH;
general secure storage for housing units; and temporary staging for food and laundry carts
for all housing units, and secure sally ports.
Planned Activities, Programs, Processes, and Operations:
Visiting: This component contains the authorized public/professional visiting, non-inmate
secure side of non-contact visitation carrels. This component will be located contiguous to
the inmate-secure side of the carrel. [Reference Component 3.1, Public Lobby and Visitation
for detailed visitation logistics and operations]
Transfer Holding Areas: This component contains two holding areas for the movement of
incarcerated people. Two separate holding areas have been provided to enable staff to
adequately segregate people (e.g. protective custody, gang members, etc.) while awaiting
movement.
Food Carts: Meals will be delivered to each housing unit in thermal carts, three times a day,
and most likely by Sheriff staff, but potentially food service staff. The unit’s control officer will
generally immediately accept these carts into the housing unit. However, if this cannot
occur, the food carts can be staged in the alcoves programmed under this component. After
dining, food trays will be placed back into the cart and the cart will be moved back to the
staging area, to be picked up by staff and moved back to the Central Kitchen.
Laundry Carts: Laundry carts containing soiled and washed clothing and linens that will be
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moved to between the Central Laundry to the Housing Units can be staged in the alcoves
programmed under this component if staff are not immediately able to move them in and out
of the housing units and/or to from WRTH to the Central Laundry.
General Storage: Secure general storage closets have been programmed into this
component and are anticipated to be used for emergency supplies and/or a variety of small
items associated with the operations of the housing units.
Trash/Recycling: Trash and recycling containers for each unit will be stored in this
component’s dedicated alcoves.
General Facilities Description and Special Design Concerns:
a. Visiting:
x Provide direct lines of site for visitation carrels and non-inmate secure circulation
corridors wherever feasible.
x Provide CCTV and audio monitoring of public visitation carrels.
x Provide pass-through window for professional visiting carrels (solely for the use of
attorneys, and program provider staff.
b. Holding Areas:
x Provide CCTV monitoring; intercom; adequate glazing.
x Provide combination toilet/wash basin unit.
x Provide ample glazing
x Situate to provide direct line of sight for Sheriff’s staff from main circulation corridors
wherever feasible
x Maintain visual and physical separation between the two holding areas
c. Cart Alcoves:
x Provide the ability to adequately separate incoming and outgoing food and laundry
carts
x Assure that detention staff have adequate visibility to the alcoves and that they do
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not create blind spots
d. General Storage Closets
x Provide industry standard manually operated lockset, or electronic-secure access.
Locational Criteria:
x Visiting: Public and professional non-contact booths must be located directly
adjacent to each housing unit they serve. Locate to minimize visitor travel distance
within the overall facility, and so that primary circulation corridors are within direct
lines of sight for detention staff.
x Holding Areas: These two holding areas will be located directly adjacent to one
another and near the secure service entrance(s) to WRTH.
x Cart Alcoves: Locate in main staff-secure circulation corridors. Maintain separate
between incoming and outgoing carts.
x General Storage Closets: Locate near each housing unit’s sally port as feasible.
Hours of Operation:
Visiting: Reference Component
Holding Areas: 24/7/365
Cart Alcoves: 24/7/365
General Storage Closets: 24/7/365
User Groups:
Visitation:
Public (Non-Contact Visiting Circulation Corridors and Visiting Carrels only)
Professional – Attorneys and Authorized Program Provider Staff
(Non-contact Professional Visitation Booths with Pass-through
Authorized Sheriff’s Staff
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Holding Areas:
Incarcerated People Authorized Sheriff’s Staff
Cart Alcoves:
Authorized Sheriff’s Staff only
General Storage Closets:
Authorized Sheriff’s Staff only
Service Demand:
Visitation: Reference Component 3.1 for anticipated visitor volume
determination
Holding Areas: Dictated by volume of people being transferred and overall average
daily population of high security/behavioral health residents
Cart Alcoves: Dictated by food service and laundry exchange scheduling;
Reference Components 3.4 and 3.5, respectively.
General Storage Closets: As needed basis.
Operational Capacity:
Visitation (per 64-bed housing unit):
Public Visitors (non-contact) .................................... 12 (two/visiting booth; 6 booth/unit)
Professional Visitors ................................................... 2 (two/visiting booth; one booth/unit)
Subtotal - Maximum Operational Capacity per Unit... 24
Number of Units: ....................................................... 6
Maximum Number of Visitors General Housing Units144
Visitation (per 32-bed housing unit):
Public Visitors (non-contact) ................................... 12 (two/visiting booth; 3 booth/unit)
Professional Visitors .................................................. 2 (two/visiting booth; 1 booth/unit)
Total Maximum Operational Capacity ...................... 14
Total maximum number of visitors at any time - all Housing Units: 158
Holding Areas:
Incarcerated People ............................................. 20 (calculated at 5% of facility capacity)
Cart Alcoves:
Food Service .......................................................... 2 (two per unit, incoming/outgoing
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Laundry Service ..................................................... 2 (two per unit, incoming/outgoing
Library Cart ............................................................. 1
General Storage Closets: ........................................... 7 (one per housing unit)
3.6. Recreation
Primary Function: To provide a recreational and entertainment program that allows access
to exercise, recreational and entertainment opportunities including games, sporting
equipment and television to maintain physical, social, and emotional wellbeing
Planned Activities, Programs, Processes, and Operations: Jail standards require a minimum
of three hours of such activity distributed over a period of seven days.
General Facilities Description and Special Design Concerns:
x Indoor Recreation: Indoor recreation will take place in the day rooms and bonus rooms
of the housing units, and include TV watching, movie watching, board games, video
games, etc.
x Outdoor Recreation: Each housing unit has been programmed to have its own dedicated
yard. Each yard will be located contiguous to the unit serves, be entirely located within
the unit’s secure perimeter, have direct access from the unit, and be within the direct line
of sight of each housing unit’s officer’s control station.
In all cases, the design of the outdoor recreation yards will provide flexibility for a variety of
vigorous and more passive physical activities on a year-round basis, while promoting the
safety and security of incarcerated people and staff.
x Consider artificial surface
x Consider lighting
x Provide restroom in yard (Title 24 requirement)
x Provide storage for recreational equipment.
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Locational Criteria: The recreation yards, must be an integrated part of the housing unit,
located contiguous to the housing unit it serves, be entirely within the housing unit’s secure
perimeter, and ideally be in the direct line of sight of the housing control station.
Hours of Operation: Minimum exercise time allotments will be a minimum of three hours per
week. Usage hours of the yards will vary and will be dependent upon the overall
programming and daily schedules developed for each housing unit.
Typical Users:
Incarcerated People Authorized Sheriff’s Staff
Service Demand: Service demand will be dictated by the daily census of the facility, and
specific programming developed by staff for each unit, while meeting the daily minimum
exercise requirements as noted above.
Operational Capacity: Recreational Yards have been sized to permit a typical usage level of
20 people at any given time.
4. REENTRY SERVICES COMPLEX
4.1. Reentry Service Complex: General Program Facilities
Primary Function: In concert with Components 2.2 and 2.3 (below), provide facilities
enabling programs staff to offer an integrated Rehabilitation and Reentry Program (R&R
Program) providing a comprehensive and integrated array of validated, evidence-based,
trauma informed, gender-responsive, cognitive behavioral therapies (CBT), family success
services, workforce readiness courses, academic education, and transition-planning
services.
Planned Activities, Programs, Processes, and Operations: A variety of life-skills and
academic-based programs will be offered in classrooms and small group settings. All
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activities of the R&R Program will be voluntary, and the daily schedule and curricula for the
R&R Program will be designed to complement the Adult Education classes, which will be
available to all who elect to participate in academic education. Academic classes will
operate M-F 8:30-2:30 and will be conducted in the housing units; each housing unit
contains classrooms and meeting spaces to serve this purpose. These classrooms will be
available for additional services and meetings on-unit in the late afternoon, evenings, and
weekends. Courses will be made available to all approved adult men and women housed at
WCDF, with supplemental services offered to people remaining at MDF or MCDF.
General Facilities Description: This component will contain eight 18-person program rooms,
eight 6-person small group rooms, and one large 40-person multi-purpose room, along with
a security control workstation and several file and general supplies secure storage closet.
Special Design Concerns: All program rooms and multi-purpose space should have:
x Ample day lighting
x Online video-training capability
x Provisions for multi-media equipment and projection
x Tackable surfaces and white boards
x Acoustical treatment to minimize extraneous noise.
x Movable furnishings
x Lockable main doors and all closet doors
x Glazing to maximize direct lines of sight from officer’s control stations
x Public address system
x Panic buttons at instructors’ lecterns/workstations
Locational Criteria: All areas of this component will be grouped together and be located
directly adjacent to the Workforce Readiness Center and Child/Parent Visitation Center.
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Hours of Operation: This facility is anticipated to operate 0800-2100 hours Monday to
Friday.
Typical Users:
Incarcerated People Authorized Sheriff’s Staff
Authorized Program Provider Staff
Operational Capacity:
Incarcerated People ....................................... up to 232
Deputies ..................................................................... 4
Program Providers ................................................... 34
Total Maximum Operational Capacity ................. 270
4.2. Reentry Service Complex: Workforce Readiness Center
Primary Function: To provide facilities to support people incarcerated at WCDF in preparing
for successful reentry via Reentry Workforce Readiness courses.
Planned Activities, Programs, Processes, and Operations: Planned activities anticipated to
occur within the facility are general classroom instruction/lecture; use for computer
workstations (evolving to tablet computers) and self-study courses.
General Facilities Description: The RWRC facilities will be comprised of one 75-person
capacity multipurpose space; two 25-person capacity multipurpose spaces; participant toilet;
and one officer control station.
Special Design Concerns: All multi-purpose space should have:
x Have ample day lighting
x Online video-training capability
x Provisions for multi-media equipment and projection
x Tackable surfaces and white boards
x Acoustical treatment to minimize extraneous noise
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x Movable furnishings
x Lockable main doors and all closet doors
x Glazing to maximize direct lines of sight from officer control stations
x Public address system
x Panic buttons at instructors’ lectern/workstation
Locational Criteria: The RWRC will be co-located with all other reentry programs within
Component 2.0. Component 2.0 will be located as close to existing WCDF Building 1 to
minimize walking distance for non-detention staff to access the facility.
Hours of Operation: This facility is anticipated to typically operate from 0800-2100 hours
Monday through Friday.
Typical Users:
Incarcerated People
Authorized Sheriff’s Staff
Authorized Program Provider Staff
Operational Capacity:
Incarcerated People ....................................... up to 125
Deputies ..................................................................... 1
Program Providers ..................................................... 6
Total Maximum Operational Capacity ................. 127
2.3 Child/Parent Visitation Center
Primary Function: To provide child-friendly space for facilitated contact-visitation
opportunities for children and their incarcerated parents in a safe and secure environment.
Planned Activities, Programs, Processes, and Operations: The Child/Parent Visitation
Center will be operated in concert with the WCDF Family Matters program, in which social
service staff will work with incarcerated parents to build stronger parenting skills; develop
effective communication skills in dealing both with their child and the child’s active caregiver;
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set interpersonal goals for visits; tie their in-custody goals and behaviors to their hopes and
motivations as parents; and build reentry plans that increase their capacities as parents.
General Facilities Description: These facilities will comprise a group visiting room, and seven
4-person family alcoves, which will allow for quieter interactions between parents and
children while still allowing clear sight lines consistent with the safe and secure operations of
the facility. This area will also include an officer’s control station, programs supply room, a
baby changing restroom, and a secure patio to permit outdoor activities for program
participants.
Special Design Concerns:
x The paramount design criteria will be to provide a stress-free environment to the
children that will be frequenting this facility
x Provide as normalized living room environment as possible for each of family
alcoves, while maintaining durability of finishes and furnishings
x Provide direct lines of sight from the officer’s control station to all areas of this
component
x Provide ample glazing between this component’s interior spaces and the patio
x Provide ample day lighting
x Provide necessary acoustical to minimize noise through this component and
additional attenuation between each alcove
Locational Criteria: This facility will be located as close as possible to existing WCDF
Building 1 to minimize the challenges of escorting children into and out of the facility, while
also close to the reentry programs staff area, Component 2.4, for the convenience of staff.
Hours of Operation: Visiting will occur on a scheduled basis, with primary usage on
weekends and some weekday nights. As this will be a new program, exact visiting hours
and scheduling will be developed consistent with need, eligibility, safety, and efficiency.
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Typical Users:
Incarcerated People (parents only, with their children) Authorized Sheriff
Staff
Authorized Program Provider Staff
Operational Capacity:
Incarcerated People ......................................... up to 14
Deputies ..................................................................... 1
Escorted Children ..................................................... 18
Program Providers ................................................... 10
Total Maximum Operational Capacity ................... 43
4.3. Reentry Service Complex: Programs Staff Support
Primary Function: To provide secure workstations and office support functions for Reentry
Programs and Contra Costa County Adult Detention Education professional staff. This
component will serve as the central administrative center for the overall Reentry Program.
Planned Activities, Programs, Processes, and Operations: Planned activities and processes
will include but not be limited to conducting general administrative office-related activities,
curricula planning, grading exams, generating student evaluations, and generating
completion certificates.
General Facilities Description and Special Design Concerns: This area will be configured
into three primary areas: an office suite for reentry program staff, a hoteling suite for
onsite/offsite social service staff, and a common support area used by both functions that
will include three conference rooms, a break room, staff restrooms, and a computer server
room
Special Design Concerns:
x Provide building-typical office environment
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x Provide day lighting where possible
x Assure sufficient sound attenuation from primary circulation corridors
x Provide sufficient climate control for server room
x Provide locksets and private offices
Locational Criteria: All areas within this component will be co-located, and the entire
component will be located a close as possible to the Reentry Programs multipurpose areas,
to minimize movement and travel time of program provider staff.
Hours of Operation: Typically, this area will operate during the normal workweek: Monday
through Friday, from 8:00 AM to 5:00 PM, although some off-hours may occur.
Operational Capacity:
Professional Staff ............................................ up to 27
5. FACILITY SERVICES
5.1. Visiting
Primary Function: To provide opportunities for visits with authorized social and “official” visitors
(described below) to by providing contact, non-contact, and video-visitation facilities. Providing
these alternative methods of visitation will enable detention staff and program providers to
conduct visits in physical environments consistent with each incarcerated person’s
programming, while assuring the safety of all visitors, detention staff, and incarcerated people
as well as the overall security of WRTH. Facilities will also be developed to permit contact
visiting that will be integral to the Child/Family Visitation Center.
Planned Activities, Programs, Processes, and Operations
x Visitation and Visitor Type Explanation: Visitors can generally be classified as Social or
Official visitors. Social visitors include authorized public persons, not acting in an official
capacity, but who must be on an approved clearance list. Incarcerated people may
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select up to six people to be included on their approved visitor lists. Social visiting will be
conducted solely on a scheduled basis. Official visitors include active law enforcement
officers performing an investigation, active probation and parole agents performing their
duties, California licensed medical doctors, psychiatrists, psychologists, and California
attorneys working in their official capacity. Official visits can be requested at any time.
Incarcerated people will be allowed as many Clergy visits as requested and as possible.
x Inmate Visitation Privileges: All authorized incarcerated people are entitled to social and
official visiting privileges; however, people in Disciplinary Isolation or on Disciplinary
Loss of Privileges will not be granted social visiting privileges, but will be permitted to
have Official visits. The social visitation period is limited to 30 minutes. Only the Facility
Commander grants time extensions.
x Visitor Processing: All social and clergy-related visitors must be on the facility clearance
list. Visitors driving to the facility will park in the WCDF parking and proceed to Building 1
on the main WCDF campus. No personal lockers exist now or will be provided in the
future for seeking to conduct in-person visits. Visitors will complete a “visitor form,”
provide it along with ID to detention staff, who will consult the facility clearance list, after
which the visitor will sign in. Visitors will then pass through security screening that will
include a magnetometer, x-ray machine, and a pat down area. Once having successfully
cleared security screening, visitors will enter an open lobby area with seating while
awaiting their scheduled interviews. Official visitors will be granted priority screening and
processing over social visitors by displaying their official ID to detention staff. Note:
Visitor processes for children participating in the Child/Parent Visitation Center will be
developed as partnership between Sheriff staff and Family Matters staff.
x Onsite Video-Visitation: Video-visitation will occur in a dedicated area located in the
main public lobby. Visitors authorized seeking to video-visit with incarcerated people will
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be granted access to this area per the visitation schedule and will be assigned a video
carrel w/monitor and audio, with each unit having a two-person capacity. Upon
completion of the visit, visitors will exit back into the lobby, proceed to the registration
desk, sign out, and exit the secure area via a security door controlled by detention staff.
x Social Non-Contact Visitation: For social visits (excluding Child/Family Visitation), visiting
interface will occur almost entirely at the housing units. Incarcerated people will not be
escorted from their housing units to facility common centralized visiting facilities. Per the
visitation schedule, visitors will be grouped together and be escorted/proceed through a
secure sally port and use a dedicated circulation corridor access a given housing unit
and be assigned a visitation carrel for the 30-minute visitation period. Upon completion,
they will then proceed back through the dedicated corridor to the secure sally port, and
then on through the visitation lobby for sign out and secure exit.
x Official Contact Visitation: The process for official visiting is essentially the same as that
for social visits, except that they can occur on an unscheduled basis and that official
visitors will use a dedicated official visitation booth at the housing unit, which has a pass-
through for the transfer of documents.
General Facilities Description:
x Public Lobby: This area comprises a) an open lobby, waiting, and security clearance
area, that includes public restrooms; b) a visitor security processing area comprised of a
registration counter/service window, queuing area, magnetometer and X-ray machine.
x Video-Visitation Area: This area comprises 20 video visitation carrels with a capacity of
two each. Each carrel will be fitted out with a tamper-proof video monitor, camera,
microphone, and speakers. Detention staff from the visiting officers control station will
conduct access and control of the units remotely.
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x Housing Unit Visiting Booths: Each 64-bed housing unit will have six non-contact visiting
booths for social visits, and one visiting booth with pass-through glazing for official visits.
Special Design Concerns: Overall, the design of the all facilities associated with visitation
will focus on operational and staffing efficiency related to the visiting process to assist the
Sheriff in meeting the goal of accommodating as many visits and visitors as facility
schedules, space, and detention-staffing levels will permit.
Public Lobby: The current lobby will serve WRTH, with the following characteristics:
x The building entry area will be well lit and under CCTV surveillance.
x The lobby “front” door will be capable of being electronically operated by Central
Control, have an intercom, and be alarmed. However, it will be manually operated by
all persons during typical visiting and business hours.
x The visitor registration and security screening stations will provide staff with clear
and unobstructed view of the entire public lobby, including the security processing
area, and the front door.
x The visitor service counter will include two windows with secure pass-throughs for
documents. One window will be dedicated to official visitors.
Central Visiting Areas:
x Assure that the security control station has direct lines of sight to the public lobby,
video visitation area, and contact visitation area, including the outdoor patio.
x The entire area will be under CCTV surveillance and monitored from WRTH Security
Control with backup from WCDF Central Control.
x Provide a non-institutional, normalized, de-stressing type environment, while
maintaining security and facility life-cycle durability.
x Provide grass and picnic tables in outdoor visitation area.
Housing Unit Visiting Booths:
x Provide audio recording capability
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x Provide adequate sound attenuation between booths.
x Provide fixed seating with capacity for two visitors
x Provide security glazing between public and inmate-secure side
x Each 64-bed housing unit will have six, non-contact visiting booths for social visits,
and one visiting booth with pass-through glazing for official visits.
Locational Criteria: The lobby, registration windows, video visitation, contact visiting areas,
and respective sally ports will all essentially be co-located and adjacent to one another as
feasible. The centralized visiting facilities will be located at the “front” of the facility and be
conveniently accessed from the public parking lot.
Hours of Operation:
Social Visiting: Thirty-minute sessions occur as follows:
x Monday-Wednesday: Three sessions; 12:30 PM, 1:30 PM, and 2:30 PM
x Thursday: Five sessions; 12:30 PM, 1:30 PM, 2:30 PM, 3:15 PM, and 4:15 PM
x Fridays: No visiting
x Saturdays and Sundays: ..... Five sessions: 8:30 AM, 9:30 AM, 10:30 AM, 12:30 PM, and 2:30 PM
Dedicated Program Provider Visiting:
x Thursdays: One session; 7:00 AM
Video and Contact Visiting:
x Schedules yet to be determined
Typical Users:
Incarcerated People Authorized Sheriff’s Staff
Authorized Social Visitors Authorized Official Visitors
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Inmates Sunday Peak
Building Housed Total Hour
Building 4 77 8 3
Building 5 225 36 13
Building 7 191 36 5
Building 8 121 12 4
Totals 614 92 25
Average Sunday Visits Per Inmate 0.15
Average Sunday Peak Hour Visits 0.04
Statistically Required Number of Booths Per 64 Bed Unit 2.61
Physical Number of Booths per 64 Bed Unit 3
Booths Required: Six, 64-bed units 6 18
Booths Required: One, 32-bed unit 1 2
TOTAL BOOTHS REQUIRED 20
Number of Visits
Authorized Program Provider Visitors
Service Demand: Ultimately, visiting levels will be determined by the daily census, visiting
schedule, and capacity of the facilities as programmed. The visitor volume assumptions
documented in the building space program are based on current visitor volume per inmate
ratios experienced at the MDF (from May 2015 data), from which the majority of WRTH
residents will be transferred.
As shown, peak-visiting volume
occurs on Sunday, where analysis
of a four-week sampling of data
demonstrated an average of 92
visits on Sunday, which equates to
an average of 0.15 visits per
inmate. Further analysis of the
hourly visitor volumes experienced
on Sundays demonstrated that in a
peak hour 25 visitations appear to be the norm, which equates to a peak hourly ratio of 0.04
visits per inmate. Based on these peak visitations to inmate ratios, 2.61 public visiting
booths will be required for a 64-bed housing unit (0.04 x 64 bed capacity). Therefore, three
public visiting booths will be required for a typical housing unit at WRTH.
Operational Capacities:
Public Lobby
x Standing ......................................... 72
x Fixed seating .................................. 15
x Registration window queuing .......... 12
x Security screening queuing .............. 6
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Total ............................................... 105
Video Visiting
x Carrels (2 per carrel; 20 carrels ......... 40
x Housing Unit Visitation Booths: Reference Component 1.3
3.2 Medical/Psychiatric Outpatient Clinic
Primary Function: To ensure provision of emergency and basic health and behavioral health
care services to all incarcerated people. These services will be provided through the Contra
Cost County Detention Health Services and Medical Services departments and will be
consistent with community standards of privacy, cleanliness, and competence.
Planned Activities, Programs, Processes, and Operations: Initial intake health care
screening will continue to take place at the MDF. WRTH will provide basic triage, dispensing
of pharmaceuticals, and outpatient clinic-related services delivered within WRTH, including
X-ray, and dialysis. Medications will continue to be delivered, stored, and distributed onto pill
carts at the main medical facility that currently exist on the WCDF campus. Medical staff will
then transport pill carts to WRTH and make scheduled rounds to each of the housing units.
Pharmaceuticals will be dispensed in the housing units by medical staff (with the all drugs
and supplies being contained in a mobile cart. All psychiatric-patient interviews will occur
primarily in interview rooms provided in each of WRTH’s housing units. Any person
sufficiently ill to require an infirmary or requiring more intensive services will be transported
to an appropriate county/community provider facility. People housed at WRTH who require
isolation cells will be transported to the MDF and be housed in any of the four negative
pressure cells located in F Module on the F-ISO wing.
General Facilities Description and Special Design Concerns: This component will serve as a
basic outpatient clinical facility. It will be comprised of a small waiting area, exam room,
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storage for medical supplies and non-prescription pharmaceuticals, an x-ray room, a dialysis
room, and administrative area. Urine specimen collection will occur in a dedicated inmate
toilet located within this area. Active medical files will be stored in this component and must
be secure. It will not contain an infirmary or isolation beds.
Locational Criteria: This component will be located directly off of a main in-custody secure
circulation corridor and as close to the housing units as feasible, ideally adjacent to the
Behavioral Health Pod.
Hours of Operation: At least one RN/LVN will be in the facility on a 7/24/365 basis.
Typical Users:
Public Designated Sheriff Staff Only
County Staff (General) Contracted Professionals
County Sheriff Staff Incarcerted People
Service Demand: Service demand for this function will be dictated by the overall census of
the facility, number of requiring prescription drugs, outbreaks of viruses and contagious
diseases.
Operational Capacity (maximum shift):
Incarcerated People ........................................... up to 8
Deputies ..................................................................... 1
Medical Staff ............................................................... 4
Behavioral Health Clinical Staff ................................... 2
Total Maximum Operational Capacity ................... 15
5.2. Commissary
Primary Function: Provide approved commissary items for all authorized incarcerated
people
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Planned Activities, Programs, Processes, and Operations: Trinity Services Group provides
Commissary services under County Contract. Day shift deputies will provide commissary
order forms every Monday afternoon to any incarcerated people requesting commissary.
Evening shift deputies will collect all completed commissary order forms no later than 2145
hours every Monday evening. Morning deputies will place completed commissary order
forms in the mailroom slot marked “Canteen.” These order forms will be provided to Trinity
Services Group for filling. Trinity is responsible for maintaining strict procedures to safeguard
every aspect of the commissary process, from warehouse to delivery and distribution. All
orders are placed on secure trucks, transported under close security to the WCDF
warehouse, unloaded under supervision, and distributed and tracked electronically. All
commissary items are packaged in clear, tamper-proof plastic to ensure that nothing is
concealed as well as clear personal items that prevent concealed contraband. Trinity staff
will transport the items to WRTH and under the supervision of authorized sheriff’s staff
distribute the commissary items in accordance with CSB Policy and Procedure 2.08.43.
General Facilities Description: No dedicated facilities will be provided at WRTH.
Commissary will use the WCDF warehouse only as their staging area.
Special Design Concerns: None
Hours of Operation: Collection and internal CSB processing of order will occur on Monday.
Delivery to, and distribution of commissary items in each housing unit will occur on a yet-to-
be determined scheduled basis.
Typical Users:
Incarcerted People Authorized Sheriff’s Staff
Trinity/other contact provider staff
Service Demand: Service demand will be dictated by the daily census of the facility and
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volume of approved commissary request.
Operational Capacity: Not applicable.
5.3. Food Service
Primary Function: To provide all incarcerated people with three nutritionally adequate and
properly prepared meals per day, pursuant to Minimal Jail Standards Section 1246.
Planned Activities, Programs, Processes, and Operations: All dining will take place in the
housing units. All meals will be prepared, served onto trays, and loaded into thermal meal
delivery carts in the WCDF’s Central Kitchen by County staff and inmate workers. Detention
staff will then transport the carts to WRTH, where they will pass through the secure facility
service sally port, and then be moved by detention staff directly to the housing units or food
cart alcoves, until they can be moved into the units. Once the carts have been moved into
the unit, each inmate will receive a tray, eat in the day room, and replace the used tray
(along with used disposable plates, glasses, and utensils) back into the cart. Detention staff
will then move the meal carts either to the food cart alcoves, or directly out of the facility
through the service sally port. Inmate worker staff will then transport the meal carts back to
the central kitchen for processing and reuse.
General Facilities Description and Special Design Concerns: The only food service facilities
provided in WRTH are for meal cart staging. One meal cart-staging alcove will be provided
per housing units and have the capacity to store two meal carts. Reference Component 1.3
for details.
Locational Criteria: The meal cart staging alcoves will be located directly adjacent to each
housing unit, in a main circulation corridor, so that authorized sheriff staff can access them,
and so that they are visible to same.
Hours of Operation: The meal carts will be moved to WRTH housing units as follows:
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breakfast: 0430 lunch 1000; dinner 1600 hours.
Typical Users:
Incarcerted People Authorized Sheriff’s Staff
Service Demand: Service demand levels will be dictated by the overall daily census of the
facility, multiplied by three meals per day. Note that the WCDF’s central kitchen has
sufficient capacity to serve the additional 418-bed capacity that are planned for WRTH.
Operational Capacity: Three carts per 64-bed housing unit; two carts for 32-bed housing
unit. 20 carts total.
5.4. Laundry
Primary Function: To provide facilities for the transfer of soiled laundry (clothing, linens, and
blankets) to and from housing units to the Central Laundry located on the WCDF main
campus, which is located external to the secure perimeter of WRTH. No laundry processing
facilities (washing, drying, or mending) will be located within WRTH.
Planned Activities, Programs, Processes, and Operations: Upon booking, all incarcerated
people are issued clothing, linens, and bedding that is clean, freshly laundered, in good
repair, and free of vermin. Each item of clothing and linen issued is Sheriff's Property, for
which the individual shall be held accountable. Each Facility Commander is responsible for
publishing and posting a laundry schedule for their facility. Facility Commanders will ensure
that laundry is collected for each inmate at least once each week. The facility laundry
schedule will include the dates for blanket exchange, which will be at least once every three
months. Incarcerated people will have the opportunity to have their clothing and linen
laundered at least once each week.
Laundry Exchange Process: Each person is issued his or her own laundry bag. Individuals
will place their soiled laundry in their bag, after which the housing deputy will zip tie the bag
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and place it in a soiled laundry cart. Detention staff will move the laundry cart from the
housing unit and move it to the laundry cart alcoves or directly out of WRTH for movement
to the Central Laundry.
General Facilities Description and Special Design Concerns: The only dedicated facilities in
WRTH related to inmate laundry service will be one laundry cart alcove (capacity for one
soiled and one clean laundry cart) per housing unit Reference Component 1.3, Custodial
Housing Support Areas for special design concerns.
Locational Criteria: The laundry cart alcoves will be located directly adjacent to each
housing unit, near the unit’s sally port.
Hours of Operation: Laundry exchange will occur at least once a week. The Central Laundry
currently operates from 6AM to 12:30PM.
Typical Users:
Incarcerated People Authorized Sheriff’s Staff
Service Demand: Volume will be dictated by the overall daily census of the facility.
Operational Capacity: The existing WCDF Central Laundry has sufficient capacity to
accommodate the additional bed planned capacity of WRTH. However, additional space
may be required for storage of more linens, clothing, bedding, laundry chemicals, and carts.
Additional inmate workers may also be required.
5.5. Library
Primary Function (Recreational Library): To provide a variety of recreational reading material
to meet the interests and needs of incarcerated people, and provide a variety of reference
material for centralized use, as well as to provide library resources informational resources.
Primary Function (Law Library): To provide access to materials in the existing law library at
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the WCDF, and provide pro-per privileges to incarcerated people as outlined by Contra
Costa County Superior Court, as well as provide limited duplicating service incarcerated
people requesting legal assistance.
Planned Activities, Programs, Processes, and Operations: Recreational reading material
from the central library located on the main WCDF campus will be distributed frequently on a
rotating basis to WRTH housing units. All people housed at WRTH will have access to
reading materials and be able to read in their cells, day room, and bonus rooms.
General Facilities Description: The only dedicated space with WRTH provided for the library
is a small alcove that is intended to be used for the temporary staging of book carts prior to
delivery to the housing units, or while being returned to the central library.
Locational Criteria: The library book cart alcove will be located centrally to all housing units.
Special Design Concerns: None
Hours of Operation: Delivery to, and distribution of library materials to each housing unit will
occur on a yet-to-be determined scheduled basis, yet is anticipated to occur during the
normal workweek..
Typical Users:
Incarcerted People Authorized Sheriff’s Staff
Authorized Library staff
Service Demand: the volume of requests for specific recreational and legal related materials
and each housing unit’s occupancy levels will dictate Service demand.
Operational Capacity: Staging area for two book carts in primary circulation corridors and
space for one book cart in the dayroom of each housing unit.
6. FACILITIES SUPPORT
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WEST COUNTY REENTRY AND TREATMENT FACILITY FUNCTIONAL PROGRAM
6.1. Security Control
Primary Function: To: 1) provide monitoring and control of all communications, life-safety,
and security systems of WRTH, including all entries, exits, secure vestibules, and doors; via
CCTV, electronically controlled locks, intercom, and radio communications; 2) provide the
monitoring and/or control of all inmate and staff movement; 3) WRTH security control will
ideally also be provided with sufficient electronic hardware and software to serve as backup
to WCDF Central Control and vice-versa.
Planned Activities, Programs, Processes, and Operations: This function will be the security
and life-safety hub of the facility. Control room activities will include, but will not be limited to:
x Controlling and monitoring all primary facilities access/egress points.
x Monitoring and or controlling: building and perimeter alarm systems, life safety
systems, card key access points, CCTV, public address, perimeter lighting, radio
systems, and personal alarm system
x Serving as the communications center for the facility
x Control movement of incarcerated people
x Controlling and storing the facilities emergency response equipment and supplies
x Providing secondary direct observation of within line of sight in-custody secure
corridors and housing units as feasible
General Facilities Description: This self-contained area will be comprised of a main security
control room with security control workstations; related electronic equipment room; staff
support facilities (toilet, kitchenette) required to minimize the need for staffing relief; and
storage of emergency supplies and equipment.
Special Design Concerns: This area will be designed as a totally secure, self-contained,
self-sufficient component, capable of operating all building system controls quickly and
efficiently with minimum staff Regardless of the level and sophistication of security
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equipment used, there is no electronic substitute for personal interaction between
incarcerated people, staff, and other facility users. The built environment will be developed
to mitigate stress and fatigue of staff that are confined within a small amount of space for
long periods. Special consideration to temperature, humidity, ventilation, lighting systems,
and acoustics will be directed towards this area. Additionally:
x The entire envelope surrounding this area will be of secure construction to prevent
unauthorized admittance by incarcerated people, public visitors, service providers, or
any other unauthorized persons. Therefore, all openings into Security Control must
be secure, including, air supply ducts, and any conduit openings.
x Provide ample glazing to permit as much direct line of sight observation of in-custody
corridors as possible.
x Provide microphone/speaker communication and pass-through slot for the transfer of
documents and potentially other small items to detention staff.
Locational Criteria: This component will be located deep into the facility and central to all
housing units, and be afforded as much direct visibility as possible to the primary in-custody
secure corridors.
Hours of Operation: Continuous; 24/7/365.
Typical Users:
Authorized Sheriff’s Staff Only
Service Demand: Demand will be dictated by the size of the average daily population,
admissions and release volume, visitation volume, and the amount of programming that
requires to be moved from their living units to centralized program areas.
Operational Capacity:
Duty Supervisors Workstation ... 1
Security Control Workstations .. 2
Total occupancy: ..................... 3
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6.2. Facilities Maintenance and Custodial
Primary Function: Maintenance and repair of the Custody Services building structures;
upkeep of exterior grounds; maintenance and repair of interior walls (including glazing and
common hardware items; repair and replacement of floor coverings; repair and replacement
of machinery and systems inherent to the building, and other special purpose equipment.
Planned Activities, Programs, Processes, and Operations: WRTH facilities will operate as
satellite facilities for General Services Maintenance and Custodial Staff, potentially vendors
under county contract, and as a secondary receiving staging area for the Warehouse
function. Usage of this facility is expected to be relatively light, yet essential for efficient
operations.
Receiving Staging Area: A receiving/staging area for larger items (non-commissary, food
service, laundry, or library) has been programmed into the facility to allow for the bulk
delivery of general building supplies and custodial supplies that will then be distributed to the
general storage and custodial closets that are located in each housing unit, and distributed
throughout common areas of the facility. There will be no dedicated vehicle sally port for
delivery vehicles. Therefore the access door between this area and the exterior is an
integral part of the secure perimeter of the facility.
Maintenance Shop: The Maintenance Shop is planned as a simple satellite facility where
minor building maintenance and repair tasks could be carried out. No painting, welding,
carpentry will occur in this facility. Typical items that will be stored in the storage area
include, air filters, belts, light bulbs, ceiling tiles, general hardware, and minor plumbing parts
and supplies.
Custodial Storage: Basic storage of equipment (vacuums, floor polishers) and supplies
(chemicals and paper products.
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General Facilities Description and Special Design Concerns: This area will have only open
ceilings, unfinished walls, and finished concrete floors.
Special Design Concerns – Receiving and Staging Area:
x Provide secure double doors access at a minimum, consider roll-up doors are
necessary
x The secure double-door between the exterior loading area and internal staging area
will be able to be operated manually by staff and electronically operated by Security
Control. An intercom to Central Control will also be provided, and the entire loading
area will be monitored via CCTV
x To simplify operations and minimize construction cost, the loading area will be
external to the building need not be secure. Therefore, no vehicle sally port for this
function is envisioned
Special Design Concerns – Maintenance Shop: The shop will be designed as a single area
to provide staff with maximum flexibility to carry out a variety of maintenance and repair
tasks. Since a variety of equipment and fixtures will be located in a common area, careful
arrangement and spacing of this equipment is required to promote a safe and efficient work
environment. Additionally:
x Provide compressed air, supplemental ventilation, hot and cold water, utility sink, and
emergency eyewash/shower.
x All other storage and worktable equipment will be freestanding.
x Provide ample day lighting.
Locational Criteria: This component will be located away from the public and staff entrances,
yet provide convenient access to the primary circulation corridors of the facility and from its
exterior.
Hours of Operation: As needed
Typical Users:
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Authorized Sheriff’s Staff
County General Services Maintenance and Custodial Staff
Service Demand: Demand will be dictated ordering volume of supplies as well as the age
and reliability of building systems.
Operational Capacity (staff):
Staging Area ......................... 2
Maintenance Shop ................ 2
Total occupancy: ................. 4
6.3. Administration
No dedicated facilities to house this function will be provided in WRTH. Staff will utilize
existing facilities within Building 1 on the main WCDF campus.
6.4. Staff Support (lockers, training, and staff dining)
No dedicated facilities to house this function will be provided in WRTH. Staff will utilize
existing facilities within Building 1 on the main WCDF campus.
6.5. Warehouse
Only minor satellite staging and storage areas identified under Component 4.2 will be
provided in WRTH, which will primarily rely on the existing warehouse located on the main
WCDF campus.
6.6. Booking, Classification, Transfer, and Release
All bookings, classification, and releases will continue to occur at the MDF. Two holding
areas for those transferring into and out of WRTH have been provided.
6.7. Personal Property: All property will remain at the MDF Booking Facility
DSA, Inc.Page A.1
Contra Costa County, California BUILDING SPACE PROGRAM
West County Reentry and Treatment Facility SUMMARY
Comp- Gross- Gross
onent Up Square
Sq. Ft. Factor Feet
Comments
1.0 Housing
1.0 Housing Unit: Standard 49,385 10% 54,323 64 Beds Per Unit; 5 Units
1.2 Housing Unit: Behavioral Health - Special Services 9,917 10% 10,909 64 Beds Per Unit; 1 Unit
1.3 Housing Unit: Behavioral Health - Intensive Services 7,376 20% 8,852 32 Beds Per Unit; 1 Unit
1.4 Inmate Housing Support Areas 5,783 25% 7,229
1.5 Recreation Yards - - - See below
Subtotal 72,462 12% 81,313
2.0 Reentry Service Center
2.1 Reentry Programs Component 7,690 20% 9,228
2.2 Workforce Readiness Center 3,062 20% 3,674
2.3 Child/Parent Visitation Center 1,904 20% 2,285
2.4 Programs and Academic Staff Support Areas 3,923 20% 4,708
Subtotal 16,579 20% 19,894
3.0 Inmate Services
3.1 Inmate Visiting 650 15% 747
3.2 Medical/Pyschiatric Services 2,045 15% 2,352
3.3 Commissary - - - Housed external to facility on main campus
3.4 Food Service - - - Housed external to facility on main campus
3.5 Laundry - - - Housed external to facility on main campus
3.6 Library - - - Housed external to facility
Subtotal 2,695 15% 3,099
4.0 Facilities Support
4.1 RTF Security Control 829 15% 953
4.2 Facilities Maintenance/Custodial 758 12% 849
4.3 Inmate Movement 480 12% 538
4.4 Administration - - - Housed external to facility on main campus
4.5 Staff Support - - - Housed external to facility on main campus
4.6 Warehouse - - - Housed external to facility on main campus
4.7 Booking; Classification, Transfer, Release - - - Housed external to facility on main campus
4.8 Inmate Property - - - Housed external to facility on main campus
Subtotal 2,067 13% 2,340
Subtotals - Enclosed Space 93,802 14% 106,647
Electrical/Mechanical 6% 6,399
TOTAL ENCLOSED BUILDING GROSS SQUARE FEET 113,045
Total Beds 418 418
Square Feet Per Bed 224 270
Non-Enclosed Building Space
Recreation Yards - Standard Housing Units 5,100
Recreation Yard - Mental Health Housing Unit 780
Visiting Outdoor Patio 1,500
Building 1 Access Way 6,000
Estimated/Revise with Design
Subtotal - Non-Enclosed Space 13,380
TOTAL PROJECT BUILDING GROSS SQUARE FOOTAGE 126,425
Total Rated Beds 416 416
Square Feet Per Bed 225 448
Base Program
Component Code and Description
DRREREDRAFT FTFTFF
75
480
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DSA, Inc.Page A.2Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.1 Housing Unit: Standard32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.1 0.00Sleeping Rooms1.1 1.01 Double-Bed Rooms (Wet) 70 31 2,170CCR Title 24: 70 SF min.; Includes: fixed bunk, combination stainless steel toilet/wash basin/drinking fountain fixture; desk and seat; door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central Control1.1 1.02 Sleeping Room - Accessible (Wet) 100 1 100 Same treatment as standard sleeping room; can be used as double bunked; all components must meet accessibility standards.Hygiene Areas1.1 1.03 Shower/Changing Area - Standard 35 3 105Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA unit below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook.1.1 1.04 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower.Program Areas1.1 1.05 Day Room 2,240 1 2,240CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 inmates; and sink with drinking fountain.1.1 1.06 Programs Room - Small Groups340Subtotal from below1.1 1.07 Open Area - Seating/Tables (Capacity 10) 30 10 300 Capacity 10 @ 30 sf/person1.1 1.08 Storage Closet 40 1 40 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.1.1 1.09 Programs Room - Standard460Subtotal from below 1.1 1.10 Open Area - Seating/Tables (Capacity 20) 15 20 300 Capacity 20 @ 15 sf/person1.1 1.11 Lectern/Demonstration Area 80 1 80 Open area1.1 1.12 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.Layout Adjustment AllowanceDRAF2,2402,AFDRRRAAFAFT 808FTAFTAF8/1105105/1/1/11/15: 70 SF min.; Incl: 70 SF min.; Incinking fountain fixtung fountain fixtrs station, RFT Secus station, RFTficer control stationficer control statioRFT Security ContrT Security CSame treSamcompmp8/1100015/15118/1
DSA, Inc.Page A.3Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.1 Housing Unit: Standard32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.1 1.13 Classroom - Standard460Subtotal from below (19 sf/per person, excluding closets) 1.1 1.14 Open Area - Seating/Tables (Capacity 20) 15 20 300 15 sf per person1.1 1.15 Lectern/Demonstration Area 80 1 80 Open area1.1 1.16 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.Layout Adjustment Allowance1.1 1.17 Common Toilet 50 1 50Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; temperate water, specialized ventilation.1.1 1.18 Interview Room - Independent Study 80 1.5 120 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door; 3 rooms shared between two housing units.Visiting1.1 1.19 Video Visiting Carrel 25 6 150One per ~10 inmates1.1 1.20 Non-Contact Visiting Booth - Public 40 3 120 One per ~20 inmates - secure inmate-side itemization of sq. ft. only1.1 1.21 Non-Contact Visiting Booth - Professional 40 2 80 One per 32 inmates - secure inmate-side itemization of sq. ft. onlyPhysical RecreationExterior requirement, listed under physical recreation component.Unit Support1.1 1.22 Sallyport80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station.1.1 1.23 Officer's Control Station - Direct Supervision Station 60 1 60Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones.1.1 1.24 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person1.1 1.25 General Storage/Rec Equipment 40 1 401.1 1.26 Janitorial/Storage Closet 40 1 40Provide utility sink; vertical storage for mops, shelving for supplies.Housing Support Components (Exterior to Unit)Reference Component 1.4Food and Laundry Cart StagingTrash/Recycling StagingSafety Equipment/Emergency Response SuppliesRecreation YardReference Component 1.5DRADRAFT80 8060DDRAAFTFT FT3002TTFTFTFT8/1120151/18/8/8/11/1Single occupancy, ngle occuparoom; temperaoom; temperaCapacitCapadoor1/155elow elow(19sonaed via manual key; d via manual key; 55/151/1/1/
DSA, Inc.Page A.4Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.1 Housing Unit: Standard32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet CommentsTOTALSSubtotal - SF 6,719Program Code:1.0 Custodial HousingCirculation/Eff. Factor 47%Component:1.1 Housing Unit: StandardInternal Circulation SF 3,158Total Unit SF 9,877Number of Units 5Total Component SF 49,385DRAFT 8/11/15551/
DSA, Inc.Page A.5Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.2 Housing Unit: Behavioral Health - Special Services32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.2 0.00Sleeping Rooms1.2 1.01 Double-Bed Rooms (Wet) 70 31 2,170CCR Title 24: 70 SF min.; cells located on two-levels. Ground level cells require extended glazing on all doors for observation purposes. Mezzanine cell doors facility typical; Includes: fixed bunk, combination stainless steel toilet/wash basin/drinking fountain fixture; desk and seat; door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central Control1.2 1.02 Sleeping Room - Accessible (Wet) 100 1 100 Same treatment as standard sleeping room; can be used as double bunked; all components must meet accessibility standards.Hygiene Areas1.2 1.03 Shower/Changing Area - Standard 35 3 105Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA unit below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook.1.2 1.04 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower.Program Areas1.2 1.05 Day Room 2,240 1 2,240CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 inmates; and sink with drinking fountain.1.2 1.06 Programs Room - Small Groups340Subtotal from below1.2 1.07 Programs Room - Small Groups 30 10 300 Capacity 10 pers. Enclosed area; simulate living room environment, TV; higher grade lunge type furnishings; provide glazing; visible from Control Station.1.2 1.08 Storage Closet 40 1 40 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.1.2 1.09 Programs Room - Standard460Subtotal from below (19 sf/per person, excluding closets) 1.2 1.10 Open Area - Seating/Tables (Capacity 20) 15 20 300 17 sf per person1.2 1.11 Lectern/Demonstration Area 80 1 80 Open area1.2 1.12 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.Layout Adjustment AllowanceDRADRARAFT 38080AFAFTRATTRA8/11/155: 70 SF min.; cells: 70 SF min.; ced glazing on all doorazing on all dooal; Includes: fixed bIncludes: fiuntain fixture; deskuntain fixture; deskSecurity Control ancurity Contstation. Sound-ation. SoundControl and Control and11100100Sa8/1/15/18
DSA, Inc.Page A.6Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.2 Housing Unit: Behavioral Health - Special Services32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.2 1.13 Classroom - Standard460Subtotal from below 1.2 1.14 Open Area - Seating/Tables (Capacity 20) 15 20 300 15 sf per person1.2 1.15 Lectern/Demonstration Area 80 1 80 Open area1.2 1.16 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.Layout Adjustment Allowance1.2 1.17 Common Toilet 50 1 50Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; temperate water, specialized ventilation.1.2 1.18 Interview Room - Independent Study 80 3 240 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door; 3 rooms shared between two housing units.1.2 1.19 Meeting/Interview Room - Small 100 4.0 400 Capacity 4Visiting1.2 1.20 Video Visiting Carrel 25 6 150One per ~10 inmates1.2 1.21 Non-Contact Visiting Booth - Public 40 3 120 One per ~20 inmates - secure inmate-side itemization of sq. ft. only1.2 1.22 Non-Contact Visiting Booth - Professional 40 2 80 One per 32 inmates - secure inmate-side itemization of sq. ft. onlyPhysical RecreationExterior requirement, listed under physical recreation component.Unit Support1.2 1.23 Sallyport80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station.1.2 1.24 Officer's Control Station - Direct Supervision Station 60 1 60Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones.1.2 1.25 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person1.2 1.26 General Storage/Rec Equipment 40 1 401.2 1.27 Janitorial/Storage Closet 40 1 40Provide utility sink; vertical storage for mops, shelving for supplies.Housing Support Components (Exterior to Unit)Reference Component 1.4Food and Laundry Cart StagingTrash/Recycling StagingSafety Equipment/Emergency Response SuppliesRecreation YardReference Component 1.5DRAonnDRAF80 80 AFDRAAFFT AFT6003404022TTFTFTAFTAF8/1240.00400400/18/8/8/11/1Single occupancy, ngle occuparoom; temperaoom; temperaCapacitCapadoorC1/155elow elowsonaed via manual key; d via manual key; 55/151/1/1/
DSA, Inc.Page A.7Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.2 Housing Unit: Behavioral Health - Special Services32 Sleeping Rooms (Double Bunk Capacity)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet CommentsTOTALSSubtotal - SF 7,239Program Code:1.0 Custodial HousingCirculation/Eff. Factor 37%Component:1.2 Housing Unit: Behavioral Health - Special ServicesInternal Circulation SF 2,678Total Unit SF 9,917Number of Units 1Total Component SF 9,917DRAFT 8/11/15551/
DSA, Inc.Page A.8Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.3 Housing Unit: Behavioral Health - Intensive ServicesTotal Physical Capacity Up to 32 BSCC-rated beds (Typical operational ADP: 20 Inmates)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.3 0.00Sleeping Rooms1.3 1.01 Mix of Single and Double Bed Cells (Wet) 70 15 1,050CCR Title 24: 70 SF min.; all single level (no mezzanine) specialized doors with extended glazing for observation purposes. Mix of single and double bed cells. Double bed cells should have facility-typical FF&E fit-out. Single bed cells should be fitted out to minimize suicide risks. Consider CCTV monitoring in single bed cells, observe red from housing control, RTF and main Central Control. All other fit-out facility-typical (64-bed unit) standard.1.3 1.02 Sleeping Room - Accessible (Wet) 100 1 1001.3 1.03 Safety Cell (Dry) 70 2 140CCR Title 24: 70 SF min.; Includes: door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central ControlHygiene Areas1.3 1.04 Shower/Changing Area - Standard 35 1 35 Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA Unit Below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook.1.3 1.05 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower.Program Areas1.3 1.06 Day Room 1,120 1 1,120CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 Adults; and sink with drinking fountain.1.3 1.07 Classroom Room (Standard)400Subtotal from below1.3 1.08 Open Area - Seating/Tables (Capacity 16) 17 16 272 17 sf per person1.3 1.09 Lectern/Demonstration Area 80 1 80 Open area1.3 1.10 Storage Closet 20 2 40 Secured via manual key; 4' x 5'1.3 1.11 Layout Adjustment Allowance 1 81.3 1.12Programs Room - Small Groups 180 2 360Standard from below1.3 1.13 Multi-Purpose Room - Small180Subtotal from below1.3 1.14 Open Area - Seating/Tables (Capacity 8) 20 8 160 20 sf per person1.3 1.15 Storage Closet 20 1 20 Secured via manual key; 4' x 5'1.3 1.16 Interview Room 80 2 160 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door.DRAFT 80801,12AFTAADAFTRA8/1100001404011/11/150 SF min.; all siF min.; all sbservation purposebservation purpoave facility-typical FFave facility-typical FFmize suicide risks. Coe suicide risksusing control, RTF anusing control, RTF anunit) standard.t) standard.CCR Title 2CCR RFT SeTSestat/111118/
DSA, Inc.Page A.9Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.3 Housing Unit: Behavioral Health - Intensive ServicesTotal Physical Capacity Up to 32 BSCC-rated beds (Typical operational ADP: 20 Inmates)Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.3 1.17 Exam Room 100 1 100Visiting1.3 1.18 Video Visiting Carrel 25 3 75One per ~10 inmates1.3 1.19 Non-Contact Visiting Booth 40 3 120 One ~16 inmates - secure inmate-side itemization of sq. ft. only1.3 1.20 Common Toilet 50 1 50 Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; tepid water, specialized ventilation.Physical RecreationExterior requirement, listed under physical recreation component.Unit Support1.3 1.21 Sallyport80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station.1.3 1.22 Officer's Indirect Supervision Station/Support Area150Subtotal from below1.3 1.23 Security Console/Desk 60 1 60 Lockable, visibility to all unit areas1.3 1.24 Open Office Equipment 30 1 32 Files, etc.1.3 1.25 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation.1.3 1.26 Personal Lockers (Cubes) 6 1 6 18" x 24" x 12" per cube; stacked 6 high;1.3 1.27 Layout Adjustment Allowance 1 21.3 1.28 Officer's Control Station - Direct Supervision Station 60 1 60Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones.1.3 1.29 Mental Health Staff Office 120 1 120 Shared - Capacity 21.3 1.30 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person1.3 1.31 General Storage/Rec Equipment 40 1 401.3 1.32 Janitorial/Storage Closet 40 1 40Provide utility sink; vertical storage for mops, shelving for supplies.Housing Support Components (Exterior to Unit)Reference Component 1.4/1.5Food, Laundry, Trash/Recycling CartsSafety Equip/Emerg. Response Supplies/Rec YardTOTALSSubtotal - SF 4,144Program Code:1.0 Custodial HousingCirculation/Eff. Factor 78%Component:1.3Internal Circulation SF 3,232Total Unit SF 7,376Number of Units 1Total Component SF 7,376Housing Unit: Behavioral Health - Intensive ServicesDRAughughDRDRRAFT66Allowancence606AFRRAFT AFDDRAAFT8/18080150158/1160603238/1/11/Double dooDointercomntercSubtLo/11/Exterior requirementerior require1/15 occupancy, unisex; ccupancy, unisom; tepid water, speom; tepid water, spe/15nmates - secure inmates - secure inm15inmatesinmates5515/151/1//1
DSA, Inc.Page A.10Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.4 Inmate Housing Support AreasComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.4 0.00Housing Supervision Areas1.4 1.01 Indirect Supervision Station - Common to 2 Units220 3660One per two housing units; per subtotal below.1.4 1.02 Officer's Station and Support Area220Subtotal from below1.4 1.03 Security Console/Desk 120 1 120 Lockable, visibility to all unit areas1.4 1.04 Open Office Equipment 40 1 32 Files, etc.1.4 1.05 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation.1.4 1.06 Personal Lockers (Cubes) 6 2 12 18" x 24" x 12" per cube; stacked 6 high; accommodates 2 post positions staff, including relief1.4 1.07 Layout Adjustment Allowance 1 61.4 1.08 Indirect Supervision Station - Single Unit150 1150Sized for one dedicated unit to supervise1.4 1.09 Officer's Station and Support Area150Subtotal from below1.4 1.10 Security Console/Desk 60 1 60 Lockable, visibility to all unit areas1.4 1.11 Open Office Equipment 30 1 32 Files, etc.1.4 1.12 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation.1.4 1.13 Personal Lockers (Cubes) 6 1 6 18" x 24" x 12" per cube; stacked 6 high; accommodates 2 post positions staff, including relief1.4 1.14 Layout Adjustment Allowance 1 2General Support Areas1.4 1.15 Laundry Cart Staging Area: 64-Bed Unit 30 6 180Assumptions: three carts per unit; 6 units; open alcove, adjacent to each housing unit sallyport. Unit standard includes (32" x 42" cart, plus access space x 3 carts)1.4 1.16 Laundry Cart Staging Area: 32-Bed Unit 20 1 20 Assumptions: two (32 x 42" carts per unit; 6 units; open alcove, adjacent to each housing unit sallyport1.4 1.17 Food Cart Staging: 64-bed Unit 45 6270 Assumptions: Three carts per two std. housing unit; each cart unit standard measures 46.5 x 32", plus access ).1.4 1.18 Food Cart Staging: 64-bed Unit 30 1 30 Assumptions: Two carts per unit; each cart unit standard measures 46.5 x 32", plus access ).1.4 1.19 Library Cart Staging 15 1 151.4 1.20 Trash/Recycling Staging 12 7 84Alcove, adjacent to housing unit.; one per unitDRAFT 606013031150506ADRRRAAFT8/11/Does not have tooes not havefrom Control Som Control Scleaning sucleaning su1218" x 28" xincl166118/11/15o housing units; po housing unitsfrom belowm bable, visibility to all e, visibility toiles, etc.es55551/
DSA, Inc.Page A.11Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Custodial HousingComponent:1.4 Inmate Housing Support AreasComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.4 1.21 Unit Storage 50 7 350 Includes emergency supplies, general supplies, restraints, cuffs, pepper spray.VisitingHousing units only, ref. comp. 4.1 for all other visiting components1.4 1.22 Non-Contact Visiting Booth - Public 40 24 960 One per ~20 inmates; 3 per unit - Visitor side only1.4 1.23 Non-Contact Visiting Booth - Professional 40 15 600One per ~32 inmates; 2 per unit - Visitor side only1.4 1.24 Housing Unit Service Window/Pass-Through 24 8 192 1 per Housing Unit side only, capacity 2 @ 12 sf per personInmate Movement1.4 1.25 Facility Access/Egress Secure Sallyport 80 4 3201.4 1.26 Inmate Transfer Holding Area 1 150 1 150General High Security Inmates; capacity 10 at 15 sf per person1.4 1.27 Inmate Transfer Holding Area 2 150 1 150 Protective Custody Inmates; capacity 10 at 15 sf per personTOTALSSubtotal SF 4,131Program Code:1.0 Custodial HousingCirculation/Eff. Factor 40%Opens to building gross corridorComponent:1.4 Inmate Housing Support AreasInternal Circulation SF 1,652Total Component SF 5,783DRACircCircIRARRAFTFTFTAFAFRAAFT TTFTFTAFAFAFTRARD8/11/11 per Housing Uniper Housing32015015Gen111501501/18/18/8/8/11/1ne per ~32 inmates;ne per ~32 inmates/15units only, ref. compts only, ref. comper ~20 inmates; 3 pr ~20 inmates; 3 55ncy supncy s5555/11/11/11/1/1/
DSA, Inc.Page A.12Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:1.0 Inmate HousingComponent:1.5 Recreation YardsComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments1.5 0.00Living Unit Recreation YardsEach yard should be: a) contiguous to the housing unit it supports; b) in the direct line of sight from the control officer's station; c)physically and visually secure from other housing units.1.5 1.01 64-Bed Unit Yard1.5 1.02 850 6 5,100 Paved, basket ball net, consider sun angles and shade given temperature extremes in summer; include drinking fountain and area for fixed weight equipment1.5 1.03 Inmate Restroom 50 6 300 1 per yardYard calcs. per T-24 (housing unit capacity x 80%/number of rec periods)32-Bed Unit Yard1.5 1.04 780 1 780 Paved, basket ball net, consider sun angles and shade given temperature extremes in summer; include drinking fountain and area for fixed weight equipmentYard calcs. per T-24 (housing unit capacity x 80%/number of rec periods)1.5 1.05 Inmate Restroom 50 6 300 1 per yardTOTALSProgram Code:1.0 Inmate HousingComponent:1.5 Recreation Yards6,480Building Exterior Space, except restroomsCirculation/Eff. Factor 0%Internal Circulation SF 0 Total Component SFTotal Exterior SF 6,480Open Yard Area (Exterior area; square footage not included in component totals below)Open Yard Area (Exterior area; square footage not included in component totals below)DRAARARADRRAFFFAFAFRARAAFT 6TTFTFTAFAFRDRRDDRAAF8/117807808/1Pav/1/11/15aved, basket ball neved, basket ball nesummer; include dmmer; inclu1 per yardardYard calcs.Yar/1300001/1/15d be: a) cod be: a) co the control officcontrol offnits.ts.55/151/11/1
DSA, Inc.Page A.13Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:2.0 Reentry Service CenterComponent:2.1 Reentry Programs ComponentComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments2.1 0.00Programs Room Standard 350 8 2,800 Per unit standard below2.1 0.01 Programs Room - Standard1 350Unit Standard = subtotal from below2.1 0.02 Open Area - Seating/Tables 15 18 270 Capacity 18 @ 15 sf per person2.1 0.03 Lectern/Demonstration Area 80 1 80 Open area2.1 0.04Programs Room - Small Groups 144 8 1,1522.1 0.05 Round Table Configuration 24 6 144Six person capacity, 4 person capacity requested2.1 0.06Programs Room - Large 856 1 856 Per unit standard below2.1 0.07 Multi-Purpose Room - Standard1856Subtotal from below (17.4 sf/per person, excluding closets) 2.1 0.08 Open Area - Seating/Tables (Capacity 40) 15 40 600 15 sf per person2.1 0.09 Lectern/Demonstration Area 80 1 80 Open area2.1 0.10 Storage Closet 40 4 160 Secured via manual key; 4' x 5'; 2 closets on each opposing wall.2.1 0.11 Layout Adjustment Allowance 1 16Support Areas2.1 0.12 Security Control Workstation 40 1 40 Provide direct line of sight to as much of the facility as possible.2.1 0.13 File Storage Room 108 2 216 9' x 12'2.1 0.14 Supplies Closet 108 4 432 9' x 12'2.1 0.15 Inmate Toilet 50 4 200 Locate adjacent to classrooms; within view of security control station (if provided) temperate water, specialized ventilation.TOTALSSubtotal - SF 5,696Program Code:2.0Circulation/Eff. Factor 35%Component:Reentry Programs ComponentInternal Circulation SF 1,994Total Component SF 7,690DRADRRDDRARA108RAF108108RAFT40FT 41FceceFTFTAFRAAFRAARARARA8/114444856818568568/060060081/18/1/11/Six person capx person capPer uner uSub/11/15d = subtotal fromubtotal fro18 @ 15 sf per pers@ 15 sf per per arearea5rd belowd below555/11/1/11/1/1
DSA, Inc.Page A.14Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:2.0 Reentry Service CenterComponent:2.2 Workforce Readiness CenterComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments2.2 0.00Security/Control Station/Support Areas2.2 1.01 Control Workstation 40 1 40Provide direct line of sight to as much of the facility as possible.Vocational Programs FacilityAll rooms fitted with fixed furniture and power to students workstations2.2 1.02 Vocational Classroom750Subtotal of items below. Provide glazing to provide direct line of sight from officer's control station and/or main corridors.2.2 1.03 Instructors/Facilitators Lectern/Desk Area 160 1 160 Provide electrical for keyboard and monitor to access remote hard drive2.2 1.04 Inmate Seating/Desks/Tables 20 25 500Fixed seating with electrical supply2.2 1.05 Multimedia Cart 6 1 62.2 1.06 Storage Closet 20 4 80Secured via manual key; 4' x 5'2.2 1.07 Layout Adjustment Allowance 1 42.2 1.08General Classroom/Programs Multi-Purpose Rooms 694 2 1,388Unit standard from subtotal below2.2 1.09 General Classroom/Multi-Purpose Space694Subtotal of items below. Provide glazing to provide direct line of sight from officer's control station and/or main corridors' movable furniture2.2 1.10 Instructors/Facilitators Lectern/Desk Area 160 1 160 Provide electrical for keyboard and monitor to access remote hard drive2.2 1.11 Inmate Seating/Desks/Tables 17 25 4252.2 1.12 Storage Closet 20 4 80Secured via manual key; 4' x 5'2.2 1.13 Layout Adjustment Allowance 1 29Readiness Center Support Areas2.2 1.14 Control Workstation 40 1 40Provide direct line of sight to as much of the facility as possible.2.2 1.15 Inmate Toilet 50 1 50 Locate adjacent to classrooms; within view of security control station (if provided) temperate water, specialized ventilation.TOTALSSubtotal - SF 2,268Program Code:2.0Circulation/Eff. Factor 35%Component:Workforce Readiness CenterInternal Circulation SF 794Total Component SF 3,062DRRDDRARAF40RAAFRAAFT 001171725252020AllowanceAllowanceAFAAAFRA8/21,3881,388696///11/15s fitted with fixed futed with fixed fotal of items below. l of items belntrol station and/ontrol station and/oProvide electrical ovide electriFixed seating wxed seating wSecureecur8/1500006680144/115ct line of sight to ct line of sight t55158/
DSA, Inc.Page A.15Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:2.0 Reentry Service CenterComponent:2.3 Child/Parent Visitation Center Component Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments2.3 0.00Group Facilitation Area2.3 1.01 Group Visiting Room 15 36 540Capacity 14 inmates, 18 children and five staff. 2.3 1.02 Family Bonding/Reunification Room 80 7 560 Separate alcoves, yet visible to staff and open to main group room. Comfortable chairs; board games.Outdoor Visiting AreaExterior SpaceProvide shading, grass, picnic tables and benches, drinking fountainVisiting Support Components2.3 1.03 Officer's Control Station 60 1 60Open to area, located to permit visibility to outdoor and indoor visitation areas.2.3 1.04 Programs Supply Room 120 1 120 Stollers, misc.2.3 1.05 Child/Baby Changing Restroom 80 1 80Visitor Check-in/Security Screening/Center AccessReference Component 3.1 VisitingTOTALSSubtotal - SF 1,360Program Code:2.0 Reentry Service CenterCirculation/Eff. Factor 40%Component:2.3 Child/Parent Visitation Center Internal Circulation SF 544Total Component SF 1,904DRARARARADRRAFFFAFAFRARARARAFT TTTFTFTAFTAFADRRDDRAAF8/186060112012080808/18/88/11Open to aOpeSto/11/Provide shading,ovide shadin1/15rate alcoves, yet vise alcoves, yethairs; board games.airs; board games./15inmates, 18 childnmates, 18 chi55/151/11//1/
DSA, Inc.Page A.16Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:2.0 Reentry Service CenterComponent:2.4 Programs and Academic Staff Support AreasComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments2.4 0.00Workstations - Re-Entry Programs2.4 1.01 Director 168 1 168Private Office; 12' D x 14' W2.4 1.02 Data and Evaluation Manager 140 1 140 Shared Private Office; 10' D x 14' W2.4 1.03 Admin Assistant 140 1 140 Shared Private Office; 10' D x 14' W2.4 1.04 Multi-Disciplinary Services Manager140 1 140 Shared Private Office; 10' D x 14' W2.4 1.05 Parenting Inside Out/Family Support Manager 140 1 140 Shared Private Office; 10' D x 14' W2.4 1.06 BH/PIO Counselors 140 1 140 Shared Private Office; 10' D x 14' W2.4 1.07 Transition Specialists 140 1 140 Shared Private Office; 10' D x 14' W2.4 1.08 Job & Resource Developers 224 1 224Shared Private Office; 14' D x 16' W2.4 1.09 Hotel Space 25 6 150 Carrels 2.4 1.10 Storage Room - Supplies 96 1 96 8'' D x 12'' W'Workstations - Adult Education Programs2.4 1.11 Hotel Space 25 12 300Carrels 2.4 1.12 File Storage Room - Secure 96 1 96 8'' D x 12'' W'Common Support Areas2.4 1.13 Conference Room 144 2 288Capacity 6 Persons2.4 1.14 Conference Room 264 1 264 Capacity 12 Persons2.4 1.15 Break Room 300 1 3002.4 1.16 Server Room 80 1 802.4 1.17 Staff Restrooms 50 2 1001 Toilet/1 LavTOTALSSubtotal - SF 2,906Program Code:2.0Circulation/Eff. Factor 35%Component:Programs and Academic Staff Support AreasInternal Circulation SF 1,017Total Component SF 3,923DRAFT 55121969611144144264TTFTFTAFAAFRARARARADRRDRRDDRAAF8/11/Shared Private Ofared Private14040Shared Privatehared Private14040Shared PriSh2242Sharedhare6150150Car196961/18/18/88/11/1hared Private Officeared Private Office/15ed Private Office; 10Private Office/155e; 12' D x 14' We; 12' D x 14' Wrivate Office; 10' D ate Office; 10' D5515/15/11/1/11/1/1/
DSA, Inc.Page A.17Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:3.0 Inmate ServicesComponent:3.1 Inmate VisitingComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments3.1 0.003.1 1.01Visitor Registration/Waiting/Security ScreeningInitial visitor reception, registration, and security processing will take place in existing Building 1 on the main WCDC Campus3.1 1.02Video-Visitation AreaVideo Terminal Station 28 20To be provided in Existing Building 1 on the main WCDC Campus. Capacity 2 persons each; required quantity of stations assumptions: 3 stations per 64-bed unit; 2 stations per 32-bed unitSecure Perimeter Access3.1 1.03 Contact Visiting Pedestrian Sallyport 192 1 192Cap: 16 persons @ 12 SF ea. Sole access/egress point for all public and professional visitors entering the secure perimeter of WCRTF; provide CCTV monitoring and intercom; provide remote electronic control of two interlocking doors by RTF Security Control and Campus Central Control.3.1 1.04 Non-Contact Visiting Pedestrian Sallyport 192 1 192 Cap: 16 persons @ 12 SF ea. Sole access/egress point for all public and professional visitors entering the secure perimeter of WCRTF; provide CCTV monitoring and intercom; provide remote electronic control of two interlocking doors by RTF Security Control and Campus Central Control.3.1 1.05 Non-Contact Inmate Pedestrian Sallyport 80 1 80Housing Unit Non-Contact Visitation BoothsReference Component 1.3TOTALSSubtotal - SF 464Program Code:3.0 Inmate ServicesCirculation/Eff. Factor 40%Component:3.1 Inmate VisitingInternal Circulation SF 186Total Component SF 650DRAFT RAF1808TRARARARADRRDRRDDRAAFA8/11/1551reception, registreception, regi1 on the main WCDn the main WCDo be provided in Exbe provided in Exeach; required quch; requiredper 32-bed uner 32-bed un1921Cap: 1ap: visiti8/155/1511
DSA, Inc.Page A.18Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:3.0 Inmate ServicesComponent:3.2Medical/PƐLJchiatric ServicesComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments3.2 0.00Reception3.2 0.01 Sallyport 80 1 803.2 0.02 Reception Area 108 1 108Capacity 4 PersonsClinic - General Facilities3.2 0.03 Exam Room 120 1 120Include exam table, sink (with eyewash), casework with work surface, lockable cabinets above and below; vitals station. Include biohazard disposal unit. Glazing to provide visual surveillance, but high enough to provide privacy. Overhead exam light.3.2 0.04 Toilet - Inmates 50 1 50 Tepid water, specialized ventilation; specimen collection3.2 0.05 Medical Preparations/Storage Room 160 1 160 Secure; pill carts; locked cabinet for pharmaceuticals; miscellaneous medical supplies (bandages, wraps, etc.) 3.2 0.06 General Storage 160 1 160 Wheelchairs; stretchers; miscellaneous bulk items.Clinic - Specialized Facilities3.2 0.07 X Ray Room 160 1 160Low-level radiation; specialized electrical supply3.2 0.08 Dialysis Room 160 1 160 Two dialysis stationsStaff Administrative AreaVisibility to reception area3.2 0.09 Office - shared (Physician/Psychiatrist) 140 1 140 Shared Private Office; 10' D x 14' W3.2 0.10 RN/LVN Workstation 64 2 128 Partitioned Workstation; 8' D x 8' W3.2 0.11 Psychiatric Workstation 48 1 48 Partitioned Workstation; 6' D x 8' W3.2 0.12 Shared/Common Office Equipment Allowance 60 1 603.2 0.13Toilet - Staff50 1 50 Tepid water; specialized ventilation3.2 0.14 Coffee Station 41 1 41 W/Sink, Cabinet Below3.2 0.15 Janitorial/Storage Closet 50 1 50 Provide utility sink; vertical storage for mops, shelving for supplies.TOTALSSubtotal - SF 1,515Program Code:3.0 Inmate ServicesCirculation/Eff. Factor 35%Component:3.2 Medical/Pyschiatric ServicesInternal Circulation SF 530Total Component SF 2,045DRAFT1401646448AFAAFRARARARADRRDRRDDRAAFFT 00116016011FTFTTAFT8/11/1554 Personsersoclude exam table, sclude exam table, scabinets above anbinets aboveprovide visual ovide visual 50Tepid wepid1160160Sec161/18/18/15515/15/1/18
DSA, Inc.Page A.19Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:4.0 Facilities SupportComponent:4.1 RTF Security ControlComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments4.1 0.00Security Control Support AreasAll components located within staff secure zone. Locate "deep into the facility." Provide intrusion alarm4.1 1.01 Sallyport 50 1 50 Electronically controlled (from Central Control Room, below) interlocking doors, security glazing vision panel in both doors.4.1 1.02 Toilet - Staff50 1 50 Single occupancy, unisex; specialized ventilation.4.1 1.03 Security Electronics Equipment Room 100 1 100 Low voltage equipment4.1 1.04Security Control Room320Subtotal; Provide security glazing with lines of sight to as much of facility as possible, especially the Central Recreation Yard. 4.1 1.05 Duty Supervisor's/Shift Lt./Sgt. Workstation 64 1 64 Partitioned Workstation; 8' D x 8' W4.1 1.06 Control Consoles 60 2 120Provide monitors and controls for intercom, public address, telecommunications, personal alarms, IT connectivity. Central control will not control individual security doors to sleeping rooms within the units.4.1 1.07 Shared Work counter 30 1 30 Fax, printer, shared work surface with movable chair4.1 1.08 Common/Shared Office Equipment Allowance 80 1 80 Provide pass-through for radio distribution4.1 1.09 Kitchenette - Small 26 1 26 Includes sink, casework above and below work counter, half height refrigerator, microwave4.1 1.10 Storage Cabinet 14 1 14 Radios, chargers4.1 1.11 Emergency Response Storage 80 1 80911 rescue tool, CPR Mask, First Aid Kits, flex cuffs, restraints, stretchersTOTALSSubtotal - SF 614Program Code:4.0 Facilities SupportCirculation/Eff. Factor 35%Component:4.1 RTF Security ControlInternal Circulation SF 215Total Component SF 829DRAF3030802626RARADRRDRRDDRAAFT AF8/1132020/1Subtotal; Subespeciaspec16464Par2120120/111/Low voltage equipw voltage eq11/1ngle occupancy, unngle occupancy, un/15cally controlled (froy controlled (froity glazing vision pay glazing visio15located wlocated wsion alarmalarm5515/11/1/11
DSA, Inc.Page A.20Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:4.0 Facilities SupportComponent:4.2 MaintenanceComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments4.2 0.00Maintenance Common Support AreasLoading Area 1Exterior space - serves as single materials/service loading area for entire facility. Double-door only (roll-up door not required.4.2 0.01 Deliveries Staging Area 120 1 120 Open area; adjacent to loading are4.2 0.02Building Maintenance Shop/Storage 340Subtotal from below. Provide dedicated exhaust; concrete floor; open ceiling; special power, hot and cold water; drains, compressed air from overhead reels, charging station for electrical equipment4.2 0.03 Work surface with Sink 28 1 284.2 0.04 Tool Storage Cabinets 12 4 48Locking, 2-Door, 36"x 18"x 72"4.2 0.05 Flammable Storage Cabinet 14 2 28 Locking, 2-Door, 36"x 18"x 72"4.2 0.06 Storage Shelving 16 1 16 Open/Prefab Unit, 48"x 24"x 72"4.2 0.07 Storage Cabinet 14 1 14 Locking, 2-Door, 36"x 18"x 72"4.2 0.08 Open Area, Large Items/Work Area 200 1 2004.2 0.09 Emergency Eyewash 6 1 64.0 0.10Custodial Storage 200Subtotal from below4.0 0.11 Equipment Storage 80 1 80 Floor polishers, vacuumsSupplies Storage4.0 0.12 Chemical Storage Cabinets 14 4 56Locking, 2-Door, 36"x 18"x 72"4.0 0.13 Paper Products - Storage Shelving 16 4 64 Open/Prefab Unit, 48"x 24"x 72"TOTALSSubtotal - SF 660Program Code:4.0 Facilities SupportCirculation/Eff. Factor 15%Component:4.2 MaintenanceInternal Circulation SF 99Total Component SF 758DRAFT8080141416FTAFAAFRARARARADRRDRRDDRAAFFT 1661FFT8/11/1ubtotabtl from belowfrom belowpower, hot and cower, hot anstation for election for elec282848Lockingockin22828Loc116161/1/15 area; adjacent to lorea; adjacent/15ce - serves as singce - serves as sinoor only (roll-up dor only (roll-up do5555/15/1
DSA, Inc.Page A.21Contra Costa County, CaliforniaWest County Reentry and Treatment FacilityBUILDING SPACE PROGRAMProgram Code:4.0 Facilities SupportComponent:4.3 LogisticsComponent Unit NetNumber Staff/Component Description Std. Quantity Square Feet Comments4.3 0.004.3 1.01 Service Sallyport 120 2 240Laundry, Food, Library Carts4.3 1.02 Common Programs Area Sallyport 120 2 240 Access/Egress for WCDC CampusTOTALSSubtotal - SF 480Program Code:4.0Circulation/Eff. FactorComponent:LogisticsInternal Circulation SFTotal Component SF 480DRAFT TTFTFTAFAAFRARARARADRRDRRDDRAAF8/11/1/18/18/88/11/15gress for WCDC Camss for WCDC Ca155od, Library Cartsod, Library Carts5515/15/11/1/11/1/1/
Version 2 | 08.13.2015ContentsD The Classification System 33Overview 33Classification Criteria and Considerations 33Classification Sub-sets 36Classification Reviews 36Observations 36Recommendations 36Conclusion 36E Program Needs 37Summary of Current Programming and Related Facilities 37Current Programs and Services 38Proposed Programs and Services 40F Local Trends and Characteristics 47Introduction 47County Population 47Criminal Offenses 48Admissions 50Average Daily Population 50ADP of AB109 Commitments and Holds 51Custody Alternative Facility 52Incarceration Rate 53Projections 54Introduction 01Executive Summary 01JNA Recommendations 03Organization of the Report 04Definitions 05A The Elements of the CoCo Sheriff System 07Overview of the Jail System 07Elements of the System 08Impacts and Resolution to the Issue of Overcrowding 10B The Department’s Operational and Design Philosophy 23Operational and Design Philosophy 23Contra Costa County Office of the Sheriff Mission 23C The Current Population 25Introduction 25Overall Profile of the Detention Population 25Profile of the MDF Resident Population 28Profile of the WCDF Resident Population 29Profile of the WCDF Male Population 30Profile of the WCDF Female Population 31Acknowledgments iii Introduction / Executive Summary 01DRAFT ONLYRecooConCo01010101
Version 2 | 08.13.2015G The Adequacy of Staffing Levels 55Overview 55H The Ability to Provide Visual Supervision 57Martinez Detention Facility 58West County Detention Facility 60Marsh Creek Detention Facility 62I The Adequacy of Record Keeping 65Overview 65Observations 65Recommendations 65J A History of the Systems Compliance with Standards 67Board of State and Community Corrections (BSCC) Biennial Inspection 67Contra Costa County Grand Jury Inspection Report - 2014 68Local Inspections 68K Any Unresolved Issues 69Contents (continued)656565567
Version 2 | 08.13.2015AcknowledgmentsThe inspiration for this effort is to serve the voiceless in Contra Costa County, those involved in the criminal justice system who need the opportunity for rehabilitation and successful reentry into the community as productive citizens, and to the rest of the County’s citizens who deserve a safe and secure community.The project team would like to acknowledge the following individuals for their insight and contributions to the development of the 2015 Jail Needs Assessment Report:Sheriff David LivingstonOffice of the Sheriff, Contra Costa CountyUndersheriff Michael CastenOffice of the Sheriff, Contra Costa CountyAssistant Sheriff Matthew SchulerOffice of the Sheriff, Contra Costa CountyCaptain Thomas ChalkOffice of the Sheriff, Contra Costa CountyCaptain Chris SimmonsOffice of the Sheriff, Contra Costa CountySergeant Brian BonthronOffice of the Sheriff, Contra Costa CountySergeant Eric McQuoidOffice of the Sheriff, Contra Costa CountyDeputy Brian ZaiserOffice of the Sheriff, Contra Costa CountySean BoyleOffice of the Sheriff, Contra Costa CountyPatty GrantOffice of the Sheriff, Contra Costa CountyAmrita KaurOffice of the Sheriff, Contra Costa CountyChrystine RobbinsOffice of the Sheriff, Contra Costa CountyCandace Kunz-TaoContra Costa Health Services DepartmentSamuel RosalesContra Costa Health Services DepartmentDavid EzraContra Costa Health Services DepartmentThe data gathering, research, and analysis were conducted and developed by HDR Architecture, Inc., criminal justice consultants with the firms David Bostwick serving as primary author of the report supported by Justice Director John A. MacAllister. Rebecca Brown, behavioral health program designer and President of Further The Work, was the author of the proposed program design in Section E and, in concert with Donté Blue, Reentry Coordinator for Contra Costa County, was a close collaborator with HDR throughout the document’s creation.DRAFT ONLYngstonngstochael Castenchael Castenff Matthew Schulerff Matthew SchuleOfficffiOffice of theffice of thOffice of the SheriffOffice of the Sheriffce of the Sherie of the SheeSheS
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Version 2 | 08.13.2015Introduction / Executive SummaryIntroductionThis 2015 Jail Needs Assessment (JNA) Report for the Contra Costa County Adult Detention System was developed to comply with California Code of Regulations (CCR) Title 24, Sec. 13-102(c) 2, which requires the submittal of a Needs Assessment from any local government intending to construct a new detention facility. Projections are based on updated county population and resident profile information current through 2014 and 2015. The report includes a summary of 2019/2020 bed capacity requirements and outlines the approved phased development of the West County Detention Facility site and expanded facilities to meet the County’s detention system needs as part of long term strategic plan. Contra Costa County is planning to construct a new adult detention facility at the West County Detention Facility to provide 416 high security beds, program space, and support spaces to meet both current and future needs of the Contra Costa County Adult Detention System. Executive SummaryContra Costa County and the Contra Costa County Office of the Sheriff have been very active over the years in managing its criminal justice and detention systems. This is demonstrated by the County’s low incarceration rate which stands at 50% below the State average. Despite the County’s best efforts the detention system has struggled to keep pace with the tremendous County population growth and a rapid increase in jail population the past 30 years. This JNA makes a number of recommendations as part of an overall plan that will enhance the operations of the detention system and strengthen programming to improve reentry back into the community and reduce recidivism. The centerpiece of the plan is the creation of a new housing and treatment facility to be located at the West County Detention Facility (WCDF). Named the West County Reentry, Treatment, and Housing Facility (WRTH), the WRTH will provide psychiatric, treatment, and reentry services to nearly all population classifications in the detention system. The WRTH will also provide 416 high security beds and allow the County to depopulate the aging and overcrowded Martinez Detention Facility (MDF). By moving the majority of high security persons from the MDF to the WRTH, individuals will have access to programming and services that are currently unavailable at the MDF due to space and design limitations. DRAFT ONLYsed onsed oon current throuon current thary of 2019/2020 bed ary of 2019/2020 bed hased development of tsed development of tnded facilities to meet ted facilities to term strategic plan.m strategic planult detentiondetention crcrW
02Contra Costa County California | Section | Introduction / Executive SummaryExecutive SummaryVersion 2 | 08.13.2015The JNA uncovered a number of issues that are summarized here:• The original facility design and operational philosophy of the MDF has been severely compromised by nearly doubling the building’s design occupancy load • The MDF facility is chronically above functional capacity (after double-bunking) and often experiences population peaks above its rated capacity• High security residents do not have access to programming and reentry services because those individuals are housed at the MDF where programming space/rooms are not available• Individuals with behavioral health issues are held at the MDF where they experience more lock down time than if they were housed at the WCDF• Over 34% of the detention system population was on probation/parole at the time of arrest for a new crime. This indicates that a more robust reentry programming track is needed. • Over 26% of the detention system population is between the ages of 18-24. Targeted programming and grouping these individuals in common housing assignments will have long-term benefits of reintegration and reducing recidivism • The detention system does not have an automatic review of classification status so, residents cannot improve their classification or housing assignment by following rules and participating in programs • Average daily population (ADP) numbers have been relatively flat over the past 10 years due to alternative to incarceration programs• Reported crime has been relatively flat over the past 10 years • The impact of AB109 on total number of residents in the detention system has been minor because of the County’s long-time policy of keeping sentenced individuals close to “home” in lieu of sending them to State prison• It is anticipated that the detention system capacity needs will closely track County population growth• Capacity needs will be 1,945 beds by 2020; 2,042 beds by 2025; 2,137 beds by 2030. • The jail information management software (JMS) system is lacking making it difficult to conduct analyzes and track metrics Benefits of the building the WRTH at WCDF campus include:• The WRTH facility provide program opportunities to high security classifications currently housed at the MDF as well as provide additional programming opportunities to residents of WCDF• The WRTH will increase the number of high security beds and will allow the number of high security residents to be at or under functional capacity, thus enhancing safety and security• The WRTH will permit the depopulation of the MDF and returning it to its original design capacity thus improving safety and security and it will allow staff to return to direct supervision management concepts DRAFT ONLYf 18-24f 18-2ssignments wilssignments wstatus so, atus so,
03Contra Costa County California | Section | Introduction / Executive SummaryJNA RecommendationsVersion 2 | 08.13.2015JNA Recommendations1. Move people suffering from behavior health issues from MDF to WCDF. Conditions, including long times locked in a cell at the MDF, exacerbates symptoms and is detrimental to improving the underlying illness. I will elaborate more on this with info from my correctional mental health colleague.2. Depopulate the MDF to improve resident behavioral management and safety and security.When built, the MDF was a state-of-the-art direct supervision facility in both physical plant and operational philosophy. Through the years however because of double bunking and overcrowding, the tenets of direct supervision have been severely compromised and the safety and security of residents and staff is in questionable. Returning the housing unit capacities to 48 beds as originally designed and re-training staff in effective behavioral management based on direct supervision concepts and tenets will improve safety and security at the MDF. In addition, improved behavioral management will also enhance the effectiveness of any new programming introduced at the facility. 3. Increase the availability of programs that enhance reintegration back into the community and reduce recidivism. Provide programming to out-of-custody individuals on probation and parole so they don’t reoffend. After enhancements in programming, develop metrics to measure success and identify areas in need of improvement. In particular monitor the number on people in jail who have violated the conditions of their supervision by committing new crimes. Approximately 34% of people in the Contra Costa detention system were under judicial supervision (either parole or probation) at the time of their arrest for new crimes. On the surface, this would indicate that there are large gaps in the continuum of reentry and reintegration programming, weaknesses in the programming, or both. Reducing the number of people in jail that are on probation or parole should be a high priority. This group, while still under judicial supervision, could be targeted for post-incarceration programming that will enhance their rates of successfully returning to the community. 4. Enhance programming opportunities for 18-24 year olds. Of the various age cohorts, this group is the largest within the Contra Costa jail system. There are various age specific programs for young adults focusing on life skills, social skills, and cognitive skills that can improve their chances of not re-offending. Reducing the number of young adults in the system will produce the benefit of reducing recidivism long term.Special Housing units focused on the 18-24 year olds.5. Install and use a more robust and integrated Jail Management Software (JMS) System. In addition, staff should seek more information from new arrestees such as: • Prior arrests• Children in the householdA good JMS is worth its weight in gold in providing useable data for analysis to guide policies and initiatives. The current JMS system can produce only limited data reports and it is not integrated among the various departments inside the Sheriff’s office. For example classification data, pre-trial services data, and medical data are not integrated into a central database. Much of the information regarding the demographics and composition of the existing resident population in this JNA had to be aggregated manually – an extremely time consuming and expensive process. Real time data collection, output, and analysis would allow the Sheriff Office to be more nimble and responsive to the needs of the detention population. 6. Investigate the use of a behavior-based classification system in lieu of a charge-based classification system. Review time intervals for reclassification of high security residents. A behavior-based classification system is an effective resident behavior management and safety and security tool. At its most basic level, the classification system allows security een seveen sonable. onableesigned and re-traininggned and re-training oncepts and tenetscepts and tenetsanagement geA good JMSA good JMpolicies and initiatipolicies and initiatinot integratednot integraten datd
04Contra Costa County California | Section | Introduction / Executive SummaryJNA RecommendationsVersion 2 | 08.13.2015Organization of the Report1The 2015 Needs Assessment is organized into the following twelve sections:1. The elements of the system;2. The department’s operational and design philosophy;3. Local trends and characteristics;4. The current resident population;5. The classification system;6. Program needs, including planned academic programs including special education programs and an analysis of performance in using programs that can reduce secure facility requirements;7. An analysis of the local trends and characteristics which influence planning assumptions about future corrections’ systems change, including population projections, current and projected resident populations, and program costs based on continuation of current policies and projections of alternative policies or programs on resident population growth and program costs;8. The adequacy of staffing levels;9. The ability to provide visual supervision;10. The adequacy of record keeping;11. A history of the systems compliance with standards; and12. Any unresolved issues.1 Consistent with Title 24 Regulations, Section 6030, Penal Code; 13-102.(c)2 Needs Assessment Study.staff to reward good behavior and sanction bad behavior. For example if an resident has demonstrated a willingness and desire to follow the rules of the facility, then that resident should have the opportunity to move to a lower classification with more amenities regardless of charge. Of course if an resident is a chronic rule breaker, then he would be removed from his current classification to one with fewer amenities and possible longer cell time. Most reclassification to higher security levels occurs because of an event such as an act of violence. But reclassification to lower security should be considered on a timed interval basis. Let’s say a high security resident has been totally compliant for 30 days. If his behavior is rewarded by being reclassified to a lower classification, then it is likely that he will remain compliant. A system of graduated classifications and sanctions based on behavior will enhance resident management. DRAFT ONLYfacifaci7An analysis of the lAn analysis of theumptions about future tions about futures, current and projecteurrent and projecterrent policies arrent policiesowthwill enhaill enh
05Contra Costa County California | Section | Introduction / Executive SummaryDefinitionsVersion 2 | 08.13.2015Definitions1AB 109: Assembly Bill 109 allows non-violent, non-serious, and non-sex offenders to serve their sentence in county jails instead of state prisons. ADA: Americans with Disabilities ActADMISSIONS or BOOKINGS: The number of residents admitted to a facility/system by day, month, or year.AVERAGE DAILY POPULATION (ADP): The average number of residents housed daily during a specified period of time.AVERAGE LENGTH OF STAY (ALOS): The average time an resident spends in a facility/ system before he or she is released.BSCC: Board of State and Community CorrectionsCCTV: Close Captioning Television (Video Systems)CDCR: California Department of Corrections and RehabilitationCSA: Correctional Services AssistantCSSA: California State Sheriff’s AssociationDHS: U.S. Department of Homeland SecurityDISCIPLINARY ISOLATION: Consists of confinement in a cell or housing unit separate from regular jail residents.DIRECT SUPERVISION: A supervision model that combines two key elements — physical plant design and an resident management strategy — to significantly enhance resident behavior management in jails. Direct supervision jails focus on actively managing resident behavior to produce a jail that is safe and secure for residents, staff, and visitors. Staff interact continuously with residents in the housing units, actively 1 Some definitions extracted from the Minimum Standards for Local Detention Facilities; Title 24 Part 1, Section 13-102.supervising them to identify problems in their early stages. They use basic management techniques to prevent negative behavior and encourage positive behavior. Staff assume control of the jail and establish a professional supervisory relationship with residents. There are no barriers separating staff and residents in the housing units. The physical plant is designed to support the management of resident behavior by reducing physical barriers that impede staff-resident interaction, by ensuring there are clear sightlines into all area of the housing units, and by incorporating design elements, fixtures, and furnishings that promote positive resident behavior.ERO: Immigration and Customs Enforcement and Removal OperationsICE: Immigration and Customs EnforcementJAIL: As used in Article 8, a Type II or III facility as defined in the “Minimum Standards for Local Detention Facilities.”MCDF: Marsh Creek Detention FacilityMDF: Martinez Detention Facility NIC: National Institute of CorrectionsNON-SENTENCED RESIDENT: An resident with any pending local charges or one who is being held solely for charges pending in another jurisdiction.NON-RATED CAPACITY: Beds not accounted for in the facility’s rated capacity.OPERATIONAL CAPACITY: The number of beds which can be used for a permanent housing assignment, whereas total bed capacity also includes non-operational beds used for temporary special management placements such as administrative or disciplinary segregation, medical observation/recovery, suicide watch, or mental/behavioral observation.DRAFT ONLYe an rese an rMCDFMCDFMDF: DFMartinez DetenMartinez DetenInstitns
06Contra Costa County California | Section | Introduction / Executive SummaryDefinitionsVersion 2 | 08.13.2015PEAKING: During some short periods of time, a facility may experience a brief spike in its population. For this reason, future space needs cannot be predicted based on ADP alone. In order to account for these spikes, a “peaking factor” is calculated for each historical year. The three months with the highest ADP values are averaged together as the “three month high.” The peaking factor is then calculated as the percentage difference between the three month high and the year’s overall ADP.PRESENTENCED RESIDENT: An individual being held awaiting the conclusion of their case disposition.RATED CAPACITY: The number of resident occupants for which a facility’s single- and double-occupancy cells, or dormitories, except those dedicated for health care or disciplinary isolation housing, were planned and designed in conformity to the standards and requirements contained in Title 24 and in Title 15, C.C.R.SENTENCED RESIDENT: An resident that is sentenced on all local charges.TYPE I FACILITY: A local detention facility used for the detention of persons, for not more than 96 hours, excluding holidays, after booking. Such a Type I facility may also detain persons on court order either for their own safekeeping or sentenced to a city jail as an resident worker, and may house resident workers sentenced to the county adult detention facility provided such placement in the facility is made on a voluntary basis on the part of the resident. As used in this section, an resident worker is defined as a person assigned to perform designated tasks outside of his/her cell or dormitory, pursuant to the written policy of the facility, for a minimum of four hours each day on a five-day scheduled work week.TYPE II FACILITY: A local detention facility used for the detention of persons pending arraignment, during trial and upon a sentence of commitment.TYPE III FACILITY: A local detention facility used only for the detention of convicted and sentenced persons.TYPE IV FACILITY: A local detention facility or portion thereof designated for the housing of residents eligible under Penal Code Section 1208 for work/education furlough and/or other programs involving resident access into the community.WCDF: West County Detention FacilityDRAFT ONLYarges.arges
Version 2 | 08.13.2015Overview of the Jail SystemThe Contra Costa Office of the Sheriff’s Custody Services Bureau (CSB) operates three (3) county jails with a total of 1,979 rated beds, plus a Custody Alternative Facility (CAF) providing programs designed for people sentenced to the custody of the Sheriff who serve their time working on public projects and thereby avoid doing in-custody jail time and thereby reducing the jail population and associated costs. The facilities are spread throughout the 720 square mile County, with the Martinez Detention Facility (MDF) located in the County Seat of Martinez, the West County Detention Facility (WCDF) located northern Richmond and the Marsh Creek Detention Facility (MCDF) located in the outskirts of Clayton to the southeast.AThe Elements of the CoCo Sheriff SystemFigure 1: Aerial view of Contra Costa County showing facility locations Facility Distance By Car Public TransportationFROM DOWNTOWN RICHMOND TO:WCDF 5 miles 12-20 min. 30 min. via Bus + $2.10MDF 20 miles 30-40 min.40-90 min. via Amtrak + BART + Walk + $14+MCDF 38 miles 50-70 min. 90 min. via BART (x2) + Bus (x2) + Taxi +$20+FROM DOWNTOWN MARTINEZ TO:WCDF 17 miles 25-35 min. 70-90 min. via AmTrak + Bus + Walk + $14+MDF n/a brief walk or short bus rideMCDF 23 miles 35-45 min. 100-120 min. via Amtrak + BART + Taxi + $20+Table 1: Travel Times to FacilitiesDRAFayton taytonFigure 1: Figure 1: Aerial viewerial view
08Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemElements of the SystemVersion 2 | 08.13.2015A unique correctional philosophy at the time dominated the planning and design of the existing Contra Costa jail facilities, specifically, the Martinez Detention Facility and the West County Detention Facility. The Martinez Detention Facility and West County Detention Facility were both planned and constructed based upon what we would describe as a utopian view of local corrections in the early 1980’s. Simply described, this view held that residents held in a direct supervision setting would thrive in the absence of hard cells and traditional jail hardware and furnishings. It was envisioned that this approach to corrections would encourage good behavior and reduce the tension that was believed to promote a reduction in violence, vandalism and other problems attributed to traditional facility design. It should be noted that no one in the late 1970’s, when the jail designs were formulated, could have envisioned the type and classification of resident that would be housed in the jail today. Nobody could have envisioned that the current inventory of low security beds and scant available program settings would be used to house a more violent, gang affiliated, drug addicted and mentally ill resident population. This change in the resident profile is not limited to the Contra Costa jail but rather jails throughout California and the nation.Of particular note is that persons who would have been incarcerated in the state prison system in days gone by would now be serving many years of their sentences in the county jail as a result of a recent Supreme Court ruling in Brown v. Plata and new laws enacted by the California legislature that has resulted in a paradigm shift in the operation of county jails.The most significant difference between most other counties and Contra Costa is the current inventory of jail beds and new jail facilities in those other jurisdictions that offer more flexibility and security. While many jails have struggled with the ever changing classification of residents, Contra Costa County suffers more because the inadequate jail design that was based upon a utopian jail philosophy is now built into the bricks. While this deficit in security has been known for many years, the County and specifically the Sheriff’s Office, did not anticipate having to deal with the influx of individuals who will bring with them the culture of the state prison system into the county jails. As a result of the passage of AB-109, a backdrop has been set; creating a new reality for jails in general, but especially for the Contra Costa jail facilities, uniquely and in particular, because of the now-demonstrated failure of its unique design. These monuments to a bygone era, while for the most part are clean and serviceable, are woefully inadequate in terms of the safety of staff and residents and lack appropriate space to offer meaningful programs to residents populating the jail system.Elements of the SystemThe following is a detailed profile of each of the three jails in the Contra Costa County system including synopses of the operational and physical plant issues and/or opportunities associated with each facility.Martinez Detention Facility (MDF)Location: Downtown MartinezYear Opened: 1981Facility Type: Type IINumber of Beds: 695 ratedOverviewThe Martinez Detention Facility (MDF) was built as a high-security environment to house pre-sentenced and sentenced residents who do not qualify for less restrictive environments. The facility was completed in 1981 and since that time, the requirements of a high security environment have changed drastically. The MDF is a direct and indirect supervision, “new generation” jail designed to operate as a coeducational, primarily pre-trial facility. It is a densely planned urban model that is intended to minimize movement of residents within its confines. The facility as designed Figure 2: Exterior view taken shortly after construction completion.DRAFbe hoube hy of low securityy of low secumore violent, gangore violent, gang e residentresident
09Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemElements of the SystemVersion 2 | 08.13.2015is grossly inadequate in its ability to serve the level and number of residents assigned there. In addition to resident housing, the facility also contains administrative offices for the Custody Bureau Commander and support personnel for the entire division.The MDF has a rated capacity of 695 residents but has for many years been operated at twice the originally intended capacity within each of the housing units. In all, there are nine housing units, the configuration and use of which are described in the spreadsheet and plans on the pages that follow. First opened in the 1980’s, the Martinez Detention Facility (MDF) was hailed as a model for future detention facilities and a regional resource center for the National Institute of Corrections (NIC). With the MDF as one of its prime models, in 1984 NIC’s Advisory Board formally endorsed the direct supervision / non-barrier approach to correctional facility design and operation for jurisdictions contemplating construction or renovation of prisons and jails. The construction of MDF introduced a new era in jail design and operational philosophy which for a few years became a showcase in jail management. During those early years many correctional managers from other jurisdictions who toured the MDF in an effort to learn and adopt some of the innovations built into Contra Costa’s newly designed jail. At that time, the MDF served the needs of the County, and was a model for other jurisdictions for a number of years. The MDF currently provides 695 rated beds.However despite the MDF’s having been innovative and ‘state of the art’ when it first came on line, subsequent changes in the resident population, particularly related to prison realignment, have limited the facility’s operational effectiveness, with many of those limitations coming from the very things for which its design was originally praised. One of the downsides of having been innovative was that the physical plant could not adapt to a newer correctional reality that has emerged over the many years since the MDF first opened. As a result, the MDF is now pioneering a new area of professional inquiry; it is sparking the question, “What happens when the first new generation jail becomes the first new generation jail to become obsolete?” The MDF was designed with a correctional philosophy that held that individuals would, if given the opportunity, self-regulate their behavior in the jail and that disruptive or problem individuals accounted for only a small portion of the jail population. Given this correctional philosophy, the designers constructed only a very few cells for individuals requiring a high level of security. Certainly, no one at the time, in Contra Costa County or elsewhere, envisioned that California’s jails would morph into the communities’ default mental institutions and have to deal with a more challenging resident population, including persons who at a different time would have been sentenced to state prison. Figure 3: Aerial view of Martinez Detention Facility in downtown Martinez.Figure 4: Aerial view of the MDF facility. jail. At tail. Atjurisdictions fojurisdictions fer despite theer despite thsubseub
10Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015The MDF’s design and operational philosophy also promoted the ideas of a direct supervision by custody staff stationed inside the housing area where residents spend most of the day outside their cells in the dayroom-activity area, (but unfortunately, as will be demonstrated later, the design did not incorporate features we now know to be essential in any direct-supervision facility.) Changes in the resident population are driving the need to make concomitant changes to facilities in order to accommodate residents with a higher classification level, including a more violent resident, and to deal with a surge in prison gang members who have now percolated up from the streets and down from the prisons into California’s local jails, including the MDF. These safety problems and additional issues impacting the usefulness of the MDF are addressed in detail in other sections of this report. Impacts and Resolution to the Issue of OvercrowdingThe IssuesThe Martinez Detention Facility was unique in its design as a direct supervision facility with single-cells in new model “podular” living units not exceeding 46 residents in the larger units. Upon opening, MDF was hailed as a major breakthrough in the effective housing of a maximum security population due to the novel new modality of direct supervision. In more recent years, due to a variety of circumstances beyond the control of the operators, the facility lost touch with the intent of it’s direct supervision model (despite still having in-unit staff) by having to double buck nearly all of the cells in the facility.The double bunking created an overcrowding problem which has resulted in up to 92 residents residing in a single unit. The effects of this situation are dire:• For safety reasons, only half the population of a unit can be released from their cells at any given time, resulting in inappropriate time spent in cells.• The intent of direct supervision, to promote communication and trust between staff and residents resulting in enhanced safety in the operation of the units, is lost in this overcrowded environment. The result is a stressful and dangerous atmosphere for both staff and residents.• The resultant need for crowd management and unit control have taken precedence over meaningful human interaction and the need for critical programming and counseling, etc.• Finally, this circumstances puts the staff in an unduly precarious situation every time they step foot in a unit.This critical overcrowding situation is best exhibited by the exorbitantly high rate of incidents at the facility, between resident and residents and staff. The spreadsheet below clearly elucidates an alarming increase in incidents to date since the collection of such data began in 2008.Figure 5: MDF - Unit Overcrowding Diagram Plan graphic courtesy of KMD Architects.AFT ONLY•For safety rFor sany given time, resany given time, ree intent of direct supervent of direct supernts resulting in enhancresulting in enhancronment. The onment. TheD
11Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Another serious issue regarding the operation of the living units within the facility is more concrete–literally. The MDF was built at a time when the expression of civic architecture was edging on brutalistic and was fully rendered in concrete. Adherence to a rigid geometric framework ruled the planning and design of the facility at the expense of what today we would consider to be sound security planning. The living units at MDF are severely deficient in regards to sight-lines and the ability to monitor activities within the units. In the currently double-bunked units, most with particularly volatile populations, this issue becomes exacerbated exponentially.Figure 6: Diagram showing approximate obstructions to line-of-sight in typical living unit Table 2: WCDF - Monthly Batteries & Assaults 2008 2009 2010 2011 2012 2013 2014 2015January 111156101016February 8 11 5 3 6 5 6March 8 3 2 9 8 4 11April 5 5 6 12 5 11 7May 53659912June 2 1 5 4 5 7July 111347412August 18663916September 8 11 7 7 8 12October 4993596November 13 7 4 6 2 8 13December 11 7 3 1 9 5 4TOTAL 99 80 56 72 86 109MONTHLY AVERAGE 9.3 8.3 6.7 4.7 6.0 7.2 9.1 10.4Plan graphic courtesy of KMD Architects.DRAFT ONLYDRAAFT ORRARAFTFTDDRRDRRAAAAFTFTOOFTFT O92815544109
12Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015The ResolutionInsert itemsMARTINEZ DETENTION FACILITY (MDF)Comments / Unit descriptionSgl. Dbl. Mult. DormIntake Direct n/a 9 X X n/an/aM/F2 single Suicide Cells; 2 single Sobering Cells; 5 general use Holding Cells.Module A Direct 92 46 X Max. MNorthern gang members incompatiable with general population.Module B Direct 90 45 X Max. MOther gangsincompatible with general population.Module C Direct 92 46 X Max. MOther gangs incompatible with general population.Module D - Unit a Indirect 32 32 X Max. MModule D - Unit b Indirect 12 12 X Max. MModule D - Unit c Indirect 9 9 X Max. MModule E Direct 90 45 X Max. MProtective CustodyModule F - Unit a Direct 74 37 X Max. MMostly medical needs inmates. CPAP, Diabetes, etc. 4 negative pressure isolation cells.Module F - Unit b Direct 22 11 X Max. MProtective custody overflow.Module M Direct 54 30 X Max. M & FPrimarily behavioral unit. 3 Medical Beds; 2 Observation Cells; 1 Safety Cell; 1 single cellModule Q Direct 82 41 X Max. MAdministrative Segregation & overflow from Module DModule T Direct 60 30 X Trustee MStaff support, some PC overflow.709695514181203Unit ClassificationM /F?Unit DesignationDirect/ Indirect?Current Rated Bed Utilization# of CellsType of CellsPorgram or Interview Rm?"Special Circumstances": High Profile, Death Row, Escape Risk, Actively Aggressive, Assault on Officers, Disciplinary Segregation, etc.Remaining InmatesAvailable beds at original, single-celled capacity:Each Unit has 1 small interview room with a maximum capacity of 4 people. The unit design offers no possibility of direct supervision which poses a staffing and safety risk.Total Inmates likely to move to new facility:Current Bed Utilization:Total Rated BedsTable 3: Martinez Existing Facility Unit-Bed CountFinally, in the 1980s, jails were built for the short-term incarceration of offenders awaiting trail and for short sentences as an alternate to time in State prison. MDF is no exception. Thus, the need for the provision of substantive programming and treatment services was not considered necessary. As a result, the facility is nearly devoid of program spaces that can accommodate more than 2 or 3 individuals at a time. Even those spaces are limited to perhaps one per living unit. The MDF is not suitable for longer-term sentences that have become the norm in California’s current criminal justice environment.RAFT ONLYDRADRFT ONLY/an/anMneral pther gangsinopulation.ngs incompatible with Usification Hig DRRAFTFTDFTFTTOONLYLY
13Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Level OneUNITS TOTALS - 1ST & 2ND LEVELSWORKER HOUSING: 30INTAKE HOUSING: 42MEDICAL HOUSING: 28TOTAL BEDS: 100-BEDSWorker HousingMain Level: 16-beds Mezzanine: 14-bedsTotal Beds: 30-bedsMedical HousingMain Level: 12-beds Mezzanine: 16-bedsTotal Beds: 28-beds(+ 2 Observation Cells)Intake HousingMain Level: 21-beds Mezzanine: 21-bedsTotal Beds: 42-bedsFigure 7: Martinez Detention Facility 1st Floor PlanPlan graphic courtesy of KMD Architects.Plan graphic courtesy of KMD Architects.
14Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Level TwoFigure 8: Martinez Detention Facility 2nd Floor PlanPlan graphic courtesy of KMD Architects.
15Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Level ThreeUNITS TOTALS - 3RD & 4TH LEVELSUNSENTENCED: 138SEPARATION: 53FEMALE: 48SENTENCED: 45TOTAL BEDS: 284-BEDSSeparation Male HousingUnit AMain Level: 15-beds Mezzanine: 17-bedsTotal A Beds: 32-bedsUnit BMain Level: 5-beds Mezzanine: 7-bedsTotal B Beds: 12-bedsUnit CMain Level: 0-beds Mezzanine: 9-bedsTotal C Beds: 9-bedsTotal Beds: 53-bedsFemale HousingUnit AMain Level: 12-beds Mezzanine: 22-bedsTotal A Beds: 37-bedsUnit BMain Level: 4-beds Mezzanine: 8-bedsTotal B Beds: 11-bedsTotal Beds: 48-beds Unsentenced Male HousingMain Level: 19-beds Mezzanine: 27-bedsTotal Beds: 46-bedsUnsentenced Male HousingMain Level: 19-beds Mezzanine: 27-bedsTotal Beds: 46-beds Unsentenced Male HousingMain Level: 19-beds Mezzanine: 27-bedsTotal Beds: 46-beds Total Beds: 138-bedsSentenced Male HousingMain Level: 18-beds Mezzanine: 27-bedsTotal Beds: 45-bedsFigure 9: Martinez Detention Facility 3rd Floor PlanPlan graphic courtesy of KMD Architects.DRAngng-beds -beds 7-beds7-bedsedss
16Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Level FourFigure 10: Martinez Detention Facility 4th Floor PlanPlan graphic courtesy of KMD Architects.D
17Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015West County Detention Facility (WCDF)Location: Northern RichmondYear Opened: 1991Facility Type: Type IINumber of Beds: 1,096 ratedOverviewThe West County Detention Facility (WCDF), opened in 1991, and is the newest of the detention facilities in Contra Costa County. The WCDF is a direct supervision, medium-security, new generation jail designed to operate as a coeducational, program-oriented facility. Although built after the Martinez Detention Facility (MDF), the WCDF was designed and constructed using the same model as that facility and used a similar design approach that replicated the operational philosophy incorporated in MDF. The key difference in these facilities is that the WCDF is a campus model that allows for, and indeed encourages, movement of residents between housing and program clusters within a garden-like campus setting. The WCDF is often described as, and in fact looks more like, a college campus rather than a jail facility.The WCDF was built to house those sentenced residents who do not qualify for the County’s other sentenced facilities, as well as “special needs” populations. Due to changes in the resident population, the WCDF also provides resident housing for pre-trial detainees. WCDF has a rated capacity of 1,196 residents, in five housing units, four of which are for males and one for females, each with separate recreation areas. The grounds also contain individual courtyards, educational classrooms, library facilities and a chaplaincy program. Residents have the ability to leave the housing units for classes, doctors’ appointments or scheduled visits. Deputies patrol the facility and double-fenced perimeter on bicycles, as well as in marked police vehicles. Suitability for Accommodation of the Proposed West County Reentry, Treatment and Housing Project.A primary and compelling advantage of siting the proposed Reentry, Treatment and Housing project within the existing West County Detention Facility campus is that the WCDF was originally designed to accommodate such a future expansion. The RTHP can therefor be accommodated without replication or expansion of existing support facilities, and with minimal provision for new, updated campus utility infrastructure.Facility support components include but are not limited to Intake and Transfer, Foodservice and Laundry, Medical Services, Campus Maintenance, and major utilities serving the campus. Additionally, the proposed building site is entirely within the existing secure perimeter and precludes the need for expanding or otherwise revising the existing security fence and related perimeter roads (the one exception being temporary security fencing to separate the construction site from the rest of the campus).Thus, the foresight of the original project authors is of great advantage to the proposed Reentry, Treatment and Housing project:• Substantial cost savings to the County and State by utilizing existing, adequate support facilities and major campus utility infrastructure,• Ability to minimize proposed building footprint(s) allowing for optimal and appropriate siting within the existing campus perimeter.• Site location allows optimal access for entire campus population and staff to Reentry Service Center.• Minimal to no disruption to on-going detention operations throughout the campus,• No impact upon campus and community security and safety.• Minimal visual impact upon the surrounding community with a proposed facility design that intends to complement the existing neighborhood Figure 11: Aerial view of West County Detention facility.DRAFT ONLYFacility supporFacility suppoFoodservice and Launodservice and Laung the campus. the campuseperip
18Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015WEST COUNTY DETENTION FACILITY (WCDF)Comments / Unit descriptionSgl. Dbl. Mult. DormBuilding 4: Direct 96 48 XMedium /MaximumM & F22 Females: 187's or incompatible with general population. 74 Males - population varies. Generally all Protective Custody/Disciplinary.Building 5ADirect 119 64 X Medium M4 wet, single "lock-down" cells for disciple or reclassification. For all other rooms inmates have key control.Building 5BDirect 119 64 X Medium M See comments above.Building 6ADirect 119 64 X Medium M See comments above.Building 6BDirect 119 64 X Medium M See comments above.Building 7ADirect 119 64 X Medium MSee comments above. Unit also holds male ICE Detainees.Building 7BDirect 119 64 X Medium M See comments above.Building 8ADirect 119 64 XMedium /MaximumF See comments above.Building 8BDirect 119 64 XMedium /MaximumFSee comments above. Unit also holds Female ICE detainees.Current Bed Utilization:1048Total rated beds: 1,096Direct/ Indirect?Porgram or Interview Rm?Current Rated Bed Utilization# of CellsType of CellsUnit ClassificationUnit DesignationM /F?WEST COUNTY DETENTION FACILITY (WCDF) - REENTRY, TREATMENT AND REPLACEMENT HOUSING PROJECTComments / Unit descriptionSgl. Dbl. Mult. DormHousing Unit 1 Both 64 32 XHigh SecurityMultiple MGeneral Housing / ReentryHousing Unit 2Both 64 32 XHigh SecurityMultiple MGeneral Housing / ReentryHousing Unit 3Both 64 32 XHigh SecurityMultiple MGeneral Housing / ReentryHousing Unit 4Both 64 32 XHigh SecurityMultiple MGeneral Housing / ReentryHousing Unit 5Both 64 32 XHigh SecurityMultiple MGeneral Housing / ReentryHousing Unit 6Both 64 32 XHigh SecurityMultiple MBehavioral Health Step-Down Unit / ReentryBehavioral Health Unit 7Direct 26 32 XHigh SecurityMultiple MAcute Behavioral Health Unit. 3 Safety Cells (dry) and 3 Observation Cells.Total rated beds: 410Total unrated beds: 6Total beds: 416Porgram or Interview Rm?M /F?Unit DesignationDirect/ Indirect?Rated BedS # of CellsType of CellsUnit ClassificationMostly Module 'M' - behavioral health Table 4: WCDF - Existing Facility Unit-Bed CountTable 5: WCDF Reentry, Treatment and Replacement Housing Project - Existing Facility Unit-Bed CountDRAFT ONLYFSee coSee detainees.detainees.DRDRDRAN
19Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Figure 12: West County Detention Facility Site PlanLY
20Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015Marsh Creek Detention Facility (MCDF)Location: Southeast of ClaytonYear Opened: 1981Facility Type: Type IIINumber of Beds: 188 ratedOverview The Marsh Creek Detention Facility (MCDF) is a minimum security corrections facility used for the confinement of low-risk sentenced males. It provides for the care and custody of sentenced individuals serving up to one year or more in the county jail. The MCDF is frequently referred to as the ‘Farm’ because of its rural location and low security environment. It functions, in essence, as an honor farm.The MCDF has a rated capacity of 188 beds all in dormitory settings; however, the average population at the facility has lingered at approximately 73-76 incarcerated males since 2014. The underused capacity in this very low security jail facility reflects the fact that many individuals who once occupied these beds are now serving their time in alternative sentencing programs. Another factor for the low census is the lack of available medical staff who would be required to attend to various issues such as allergies to bee stings and other basic medical needs. This issue is under discussion and may be remedied in the future to optimize the ability of the facility to accept a broader base of residents. Those in residence serve a very important role for the Sheriff’s department, performing supervised work for the County both on and off-campus. The MCDF also has a very low staffing utilization–there are just two deputies on duty at any given time. Figure 14: Aerial campus view with building labelsFigure 13: Exterior of MCDF Administration Building. DRAF
21Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015The MCDF provides a variety of opportunities for residents to stay occupied in productive educational, vocational and other activities and learn useful skills that can be applied once they are released from custody. In order to achieve this progressive approach to incarceration, no gang members or other potentially disruptive residents are allowed to be situated here as all activities are conducted in a team environment requiring collaboration and relative camaraderie among all residents.Although the facility has been in operation for many years, this jail has been very well maintained. To their credit, the Sheriff and his staff have resisted the temptation to house higher security residents in this low-security facility. Table 6: MCDF - Existing Facility Unit-Bed Count
22Contra Costa County California | Section A | The Elements of the CoCo Sheriff SystemImpacts and Resolution to the Issue of OvercrowdingVersion 2 | 08.13.2015DRAFT ONLY
Version 2 | 08.13.2015Operational and Design PhilosophyThe Contra Costa County Office of the Sheriff operates three detention facilities within the Office’s Custody Services Bureau (CSB). The County’s two primary facilities are operated as direct supervision facilities. The Martinez Detention Facility (MDF) was the first direct supervision county local detention facility when it opened in 1981. For years after it opened, the MDF and its operational philosophy and principals served as a model for local detention design throughout the country. The West County Detention Facility (WCDF) followed a similar philosophy as the MDF. Opened in 1991, it is a direct supervision campus facility for medium security residents and WCDF provides a wide array of programs and vocational training. The County’s Marsh Creek Detention Facility (MCDF) is frequently referred to as the “farm” because of it rural location. It is a minimum security facility that houses sentenced men for up to one year of County jail time. The new facility proposed for the WCDF campus is the West County Reentry, Treatment, and Housing Facility (WRTH). The WRTH will continue the tradition of providing direct supervision facilities for detention and, most importantly, it will greatly expand opportunities for reentry services and behavioral health treatment for higher security classifications currently housed at the MDF.Contra Costa County Office of the Sheriff Mission The Contra Costa Sheriff’s Office has provided dedicated serves to its communities for over 150 years. The Contra Costa County Office of the Sheriff promises to protect the quality of life enjoyed by its citizens with: • Honor •Courage• Leadership•Teamwork BThe Department’s Operationaland Design PhilosophyDRAFT ONLYention entioty local detentity local deteopened, the MDF and iopened, the MDF and a model for local detenmodel for local detenollowed a similarwed a similaupervisionrvisionvides avides a
24Contra Costa County California | Section B | The Department’s Operational and Design PhilosophyOperational and Design PhilosophyVersion 2 | 08.13.2015Figure 15: TBD Figure 16: TBDDRAFT ONLY
Version 2 | 08.13.2015CThe Current PopulationIntroductionA profile, or “snapshot” of the resident population provides important planning data that has been used to guide housing needs, program needs, and public policy with regard to incarceration. The following information is taken from a snapshot survey conducted on July 9, 2015. Information was generated using the Sheriff’s Office Jail Management Software (JMS) and supplemented with data kept by other sources with in the County. The data presented shows an overall picture of the current demographics of the jail population. The data is then subdivided to show the characteristics of residents of each of the County’s three (3) detention facilities. And finally special sub-groups of the overall population have been identified and analyzed to identify potential candidates for programs to support behavioral health and reduce recidivism.Overall Profile of the Detention Population On July 9, 2015 there were a total of 1,490 residents in custody distributed among the County’s 3 detention facilities. The MDF, which houses primarily maximum security and gang-related populations, was over capacity on that day. Distribution of Residents and Capacity Utilization Overall, the number of residents compared to the number of beds is 75%. Best practices assume that functional capacity is reached at 80-85% of capacity, so overall the County is approaching that percentage. TOTAL CAPACITY UTILIZATIONMDF 712 695 102%WCDF 701 1096 64%MCDF 77 188 41%Total 1490 1979 75%Source: Contra Costa Sheriff’s Office The overcrowding of the MDF is extremely troubling. When it opened in 1981, it had a rated capacity of 384 beds. Over the years, with a rise in the County’s rates of high security populations, MDF’s original single-occupancy design was converted to double-bunking, to achieve its current BSCC-rated capacity. While the 34-year-old MDF was designed to house primarily medium/minimum security classifications, today 80% of people incarcerated at the MDF are classified as “high security” or above, with the remaining 20% classified as “medium security with secondary classification criteria.” Table 7: Number of Residents and Capacity UtilizationDRAFT ONLYformatformt Software (JMSt Software (Jwith in the County. with in the Countyverall picture of the currrall picture of te data is then subdivideta is then subdividh of the County’she County’roups of theps of thfT
26Contra Costa County California | Section C | The Current PopulationOverall Profile of the Detention Population Version 2 | 08.13.2015GenderThe current composition of the detention population is 86% men and 14% women. This is a fairly common distribution. In recent years nationwide, the overall numbers of women held in jail have been on the upswing and a range of 12-15% women is not unusual. The snapshot showed that there were 211 women in detention and 91% or 192 were being held at the WCDF.MEN WOMEN TOTALMDF 693 97% 19 3% 712WCDF 509 73% 192 27% 701MCDF 77 100% 0 0% 77Total 1279 211 1490 Source: Contra Costa Sheriff’s OfficeAge of the PopulationThe average age of all people in custody is 33.8 years old. The largest age cohort is 18-24. There are 384 people (26%) in this age range. Overall 60% of the population is 34 years old or younger. Source: Contra Costa Sheriff’s OfficeLength of StayThe average length of stay of people in detention on July 9, 2015 was 181 days. Most have been in custody for 30 days or less. ALOS varies per facility. The MDF has the longest ALOS at 274 days and that can be attributed to their more severe accused crimes. For example the MDF houses all 148 residents accused of murder (21% of the MDF population) and this sub-group has and ALOS of 535 days. WCDF (26% sentenced) has an ALOS of 96 days and the MCDF (100% sentenced) has an ALOS of 72 days. Source: Contra Costa Sheriff’s OfficeTable 8: Gender DistributionFigure 17: Age DistributionFigure 18: Length of Stay DistributionDRAF
27Contra Costa County California | Section C | The Current PopulationOverall Profile of the Detention Population Version 2 | 08.13.2015Legal Status 74% of the population has a presentenced status. 26% are sentenced. Of the total number of people sentenced (XXX), XXX (xx%) are serving their sentenced per AB109. Source: Contra Costa Sheriff’s OfficeDistribution of ClassificationsOverall the security classifications are somewhat evenly split between Medium and High Security. There are a very few (77) low security residents and they are housed at the MCDF. As previously mentioned, the vast majority 71% of high security residents are at the MDF. Of the high security residents housed at the WCDF, most (76) have a “Gang” high security classification. MDF WCDF MCDF TOTALTotal Pop. 712 701 77 1490ClassificationHigh 504 71% 135 19% 0 0% 639 43%Medium 208 29% 565 81% 0 0% 773 52%Low 0 0% 0 0% 77 100% 77 5% High Security Classifications include: Murder, Administrative Segregation, Gangs, Protective Custody, and High SecurityMedium Security Classifications include: Medical, Mental Health, Federal, Unknowns,Out at other facilities and Medium SecuritySource: Contra Costa Sheriff’s OfficeMost Serious OffenseThis will be wrapped up once we go through the MCDF population crimes.Prior OffensesPrior arrest history can be used to assist the County in pre-trial diversion evaluations as well as classification evaluations. Unfortunately the Contra Costa Sheriff’s Office’s JMS does not track prior arrests. The available JMS data however did yield who was under supervision (probation or parole) at the time of their arrest while comitting a new crime. The following table includes people who have committed new crimes and does not include people who were arrested for strictly probation or parole violations. Overall 36% of the detention population was on probation or parole when they committed a new crime. Men were more likely to commit a new crime than women. MEN WOMEN TOTAL POPULATIONMDF 242 35% 2 11% 24434%WCDF 191 38% 54 28% 24535%MCDF 42 55% 0 4255%Total 475 37% 56 27% 53136%Source: Contra Costa Sheriff’s OfficeAB 109 PopulationThis will be based on the information provided by Sgt. McQuoid. It will not be tied to the data base.Behavioral HealthComing from ShellyTable 9: Classification DistributionTable 10: On Probation or Parole at Time of ArrestFigure 19: Sentenced vs. PresentencedDRAFT ONLYONLYLYLLLONONLLYLLYOOOYMWCDFWCDFCDF4
28Contra Costa County California | Section C | The Current PopulationProfile of the MDF Resident Population Version 2 | 08.13.2015Profile of the MDF Resident Population The composition of the MDF population is primarily male (97%) and presentenced (82%) and includes 150 persons (21%) accused of murder. In addition 95%, of the population has been accused or convicted of a felony. MDF MEN MDF WOMEN TOTALTOTAL POP. 693 19 712Legal StatusPresentenced 564 81% 18 95% 582 82%Sentenced 129 19% 1 5% 130 18%Most Serious Crime Felony 537 95% 13 72% 550 95%Misdemeanor 99 14% 3 16% 102 14%AB 109 - Flash Incar 4 1% 4 1%Civil Commitment 1 0% 1 0%Drugs 16 2% 2 11% 18 3%DWI 7 1% 7 1%Hold (unspecified) 4 1% 4 1%ICE 3 0% 3 0%Parole Violation Only 5 1% 5 1%Traffic 152% 152%Unknown 2 0% 1 5% 3 0%Murder Charge 149 22% 1 5% 150 21%Note: Some AB 109 residents received “flash” incarceration after committing new crimes - Most serious crimes noted in these cases Source: Contra Costa Sheriff OfficeAn inmate snapshot provides a one day sampling of the demographic and security composition of a jail population. The snapshot is a supplement used in conjunction with longitudinal historical jail data. MDF MENTOTAL POP. 693Number Total %Administrative Segregation 95 14%Muder/GangMurder 28Gang 14Ad Seg 53Murder 101 15%Murder/Gang 47Murder 54Protective Custody 168 24%Murder 18Murder-Gang 2High Secuirity 55Protective Custody 93Gang 86 12%High Security 35 5%Medium Security with Secondary Classifications 135 19%Mental Health 12 2%Medical 7 1%Temporarily Housed Out of Facility for Medical Care Or Assessments45 6%Federal 1 0%Unknown 8 1%Source: Contra Costa Sheriff OfficeTable 11: MDF - Legal Status and Most Serious CrimeTable 12: MDF - Male ClassificationYNLYDRAFT ONLYDRRADDDDDDDRRAAA0095%95%FT OFFT ONFFYYYFFTTOONNLYYLYYAd Segrdn
29Contra Costa County California | Section C | The Current PopulationProfile of the WCDF Resident Population Version 2 | 08.13.2015Age of the MDF Male PopulationThe average age of males at the MDF is 34 years old. Of the age cohorts identified, the 18-24 year olds make up the largest segment at the MDF as they account for 189 people or 27% of the population. The next youngest cohort, 25-29 year olds, account for 112 people or 16% of the population. These two age groups total 301 people or 43% of the population. Source: Contra Costa Sheriff OfficeLength of Stay of the MDF Male PopulationThe ALOS of the MDF male population is highest in the County detention system at 274 days. As stated before, this is due to the severity and complexity of the criminal charges against these individuals. Presentenced people have a longer length of stay versus the sentenced population. Of individuals with a scheduled release date, the average number of days to release is 61 days and 55 people have a release date of 60 days or less.NUMBER ALOS DAYS TO RELEASEPresentence 564 287 - Sentenced 129 215 61Total 693 274Source: Contra Costa Sheriff OfficeProfile of the WCDF Resident Population The composition of the WCDF is 73% male and 27% female. Presentenced residents represent 74% of the population and 26% is sentenced. Among both men and women, felonies are the most common crime at 63%. 132 people were held for the United States Immigration and Customs Enforcement (ICE). This represents a large segment of the population (19%) at the WCDF. In the following sections, the JNA will examine the characteristics of WCDF’s male and female population separately. WCDF MEN WCDF WOMEN TOTALTOTAL POP. 509 192 701Legal StatusPre-Sentenced 376 74% 145 76% 521 74%Sentenced 133 26% 47 24% 180 26%Most Serious Crime Felony 234 62% 95 66% 329 63%Misdemeanor 120 24% 23 12% 143 20%AB 109 - Flash Incar 5 1% 1 1% 6 1%Civil Commitment 1 1% 1 0%Drugs 286% 116% 396%DWI 13 3% 6 3% 19 3%Hold (unspecified) 1 0% 0 1 0%ICE 84 17% 48 25% 132 19%Parole Violation Only 1 0% 0 1 0%Traffic 23 5% 7 4% 30 4%Unknown 0 0% 0 0%Murder Charge 2 0% 12 6% 14 2% Note: Some AB 109 residents received “flash” incarceration after committing new crimes - Most serious crimes noted in these cases Source: Contra Costa Sheriff OfficeFigure 20: MDF Male Age DistributionTable 13: MDF - Male Population Legal Status and AlosTable 14: WCDF - Legal Status and Most Serious CrimeYLYONLYONLYFT ONONONLYLYYOOPre-SePre-SSentenceds Crim
30Contra Costa County California | Section C | The Current PopulationProfile of the WCDF Male PopulationVersion 2 | 08.13.2015On the day of the snapshot there were 192 women housed at the WCDF. 76% had a legal status of presentenced and 24% were sentenced. Of the 192 total, 48 (25%) were being held for ICE. 63% were being held on a felony charge and 20% held on a misdemeanor charge. 55 (29%) women were under judicial supervision at the time they committed new crimes.Profile of the WCDF Male PopulationThe majority of the male population of WCDF (80%) is classified as medium security. Some men are classified as gang members (14%) and a small portion are classified as protective custody. Most residents are presentenced (74%)and most have been accused of a felony (62%). WCDF MENTOTAL POP. 508Number Total %Administrative Segregation 3 1%Gang 3Ad Seg 0Protective Custody 32 6%Gang 70 14%High Security 0 0%Medium Security 404 80%Source: Contra Costa Sheriff OfficeTable 15: WCDF - Male ClassificationONLY ONLYDRAFFT ONFTFT OONONLYPggh Securitycurityiff OfficeOffice
31Contra Costa County California | Section C | The Current PopulationProfile of the WCDF Female PopulationVersion 2 | 08.13.2015Age of the WCDF Male PopulationSimilar to the MDF, 18-24 year olds make up the largest age cohort. In fact the age distribution for the males at the WCDF are very similar to the MDF with almost an equal percentage of individuals under 30 in both facilities. The average age here as at the MDF is 34 years old. Source: Contra Costa Sheriff OfficeAverage Length of Stay of the WCDF Male PopulationThe ALOS for men at the WCDF is 97 days. 86% of the population has been at the facility for 6 months or less. Source: Contra Costa Sheriff OfficeFigure 21: WCDF Male Age DistributionFigure 22: WCDF Male Length of Stay DistributionProfile of the WCDF Female PopulationOn the day of the snapshot there were 192 women housed at the WCDF. 76% had a legal status of presentenced and 24% were sentenced. Of the 192 total, 48 (25%) were being held for ICE. 63% were being held on a felony charge and 20% held on a misdemeanor charge. 55 (29%) women were under judicial supervision at the time they committed new crimes.The vast majority of women at WCDF, 84% (162 of 192), are medium security. Relatively low numbers fall into administrative segregation and protective custody classifications (24 of 192). WCDF WOMENTOTAL POP.Number Total %Administrative SegregationProtective Custody/MurderGangHigh SecurityMedium SecuritySource: Contra Costa Sheriff OfficeTable 16: WCDF - Women ClassificationYONLYFT OONLYONONLYLYYProtecGanggh Securitcurity
32Contra Costa County California | Section C | The Current PopulationProfile of the WCDF Female PopulationVersion 2 | 08.13.2015Age of the WCDF Female PopulationThe average age of a woman at the WCDF is 35 years old and the largest age cohort is ages 30-34 years old. Although the average age of the women is similar to the men, as a group the women are older as 68% (129 of 192) are over the age of 30. Source: Contra Costa Sheriff OfficeLength of Stay of the WCDF Female PopulationThe ALOS for men at the WCDF is 93 days. 88% of the population has been at the facility for 6 months or less and 78% of the population has been at the facility 2 months or less. Source: Contra Costa Sheriff OfficeFigure 23: WCDF Female Age DistributionFigure 24: WCDF Female Length of Stay DistributionDRAFT ONLY
Version 2 | 08.13.2015OverviewThe current classification basically differentiates residents between “High” security and “Medium” security. High security residents are assigned to the MDF and medium security residents are assigned to the WCDF. The classification assessment and subsequent housing assignment are made within 24 hours of booking. A third classification, “Low” security, is used only for sentenced residents serving time for minor criminal infractions. The number of residents in this classification is typically only 5% of the overall system population. These residents are housed at the MCDF. Classification Criteria and Considerations The Contra Costa Sheriff’s Office uses a classification system that considers the following factors:• Current Charge• Serious Offense History• Escape History• Disciplinary History• Prior Felony Convictions• Gang Affiliation• Enemies of the FacilityDThe Classification SystemDRAFT ONLYtion, “Low” secution, “Low” sg time for minor criminatime for minor criminafication is typically onlycation is typically onlents are housed at the Mts are housed a
34Contra Costa County California | Section D | The Classification SystemClassification Criteria and Considerations Version 2 | 08.13.2015There are 54 criminal charges that the Contra Costa County Office of the Sheriff considers a “MDF Only” charge. These include charges such as PC 187 Murder, PC 203 Mayhem, and PC 243 Battery on a Police Officer among others. Residents may also be designated “MDF Only” if any past convictions are among the list of 54 serious charges. However, depending on the age of that conviction, a person may be considered for reclassification.Points are assigned based on the above criteria to arrive at an resident’s classification. At this time residents who score 11 or more points are considered high security and are assigned to the MDF. Residents scoring 10 points or less are considered medium security and qualify for housing at the WCDF. Residents with 8 points or less and who are sentenced are considered minimum security and qualify for housing at the MCDF. Figure 25: Contra Costa County Office of the Sheriff Classification Point SystemLow Security (Sentenced Only)Marsh Creek Detention Facility (MCDF)8 POINTSMedium SecurityWest County Detention Facility (WCDF)11 POINTSHigh SecurityMartinez Detention Facility (MDF)DRAFT ONLYHigh SecurityHigh Securityon Facilityon FacilDRAAFFT
35Contra Costa County California | Section D | The Classification SystemClassification Criteria and Considerations Version 2 | 08.13.2015SECTION TITLE151PC INCITING VIOLENCE AGAINST POLICE (>5 YEARS, 5 POINTS)187PC MURDER (>15 YEARS, 5 POINTS)187/664PC ATTEMPT MURDER (>10 YEARS, 5 POINTS)192PC VOLUNTARY MANSLAUGHTER (>15 YEARS, 5 POINTS)192A/664 ATTEMPT VOLUNTARY MANSLAUGHTER (>10 YEARS, 5 POINTS)203PC MAYHEM (>10 YEARS, 5 POINTS)203/664PC ATTEMPT MAYHEM (>2 YEARS, 5 POINTS)205PC AGGRAVATED MAYHEN (>10 YEARS, 5 POINTS)207APC KIDNAP BY FORCE (>10 YEARS, 5 POINTS)207A/664 ATTEMPT KIDNAP (>5 YEARS, 5 POINTS)207BPC KIDNAP CHILD FOR LEWD PURPOSE (>15 YEARS, 5 POINTS)207B/664 ATTEMPT KIDNAP CHILD FOR LEWD PURPOSE (>10 YEARS, 5 POINTS)207CPC KIDNAP FORCE, OUT OF STATE (>15 YEARS, 5 POINTS)207C/664 ATTEMPT KIDNAP (>10 YEARS, 5 POINTS)207DCP KIDNAP FROM OUTSIDE OF STATE (>2 YEARS, 5 POINTS)208DPC KIDNAP W/INTENT TO RAPE (>5 YEARS, 5 POINTS)209BPC KIDNAP FOR ROBBERY (>5 YEARS, 5 POINTS)209B/664PC ATTEMPT TO KIDNAP FOR ROBBERY (>2 YEARS, 3 POINTS)220PC ASSAULT W/INTENT SEX CRIME (>5 YEARS, 5 POINTS)242-243BPC BATTERY ON PEACE OFFICER/FIRE (>5 YEARS, 5 POINTS)242-243C PC BATTERY ON P.O. W/INJURY (>5 YEARS, 5 POINTS)242-243.1PC BATTERY CUSTODIAL OFF. (>5 YEARS, 5 POINTS)243CPC BATTERY ON POLICE OFF. (>5 YEARS, 5 POINTS)245A2 PC ASSAULT W/FIREARM (>3 YEARS, 5 POINTS)245A3 PC ASSAULT W/MACHINE GUN (>3 YEARS, 5 POINTS)245B PC ASSAULT W/ASSAULT RIFLE (>3 YEAR, 5 POINTS)245B/664 PC ASSAULT DEADLY WEAPON ON P.O. (>5 YEARS, 5 POINTS)245C PC ADW PEACE OFFICER NOT FIREARM (>5 YEARS, 5 POINTS)SECTION TITLE245C-664 PC ATTEMPT ADW PEACE OFFICER (>3 YEARS, 5 POINTS)245D1 PC ASSAULT ON P.O. W/FIREARM (>7 YEARS, 5 POINTS)245D2 PC ASSAULT SEMI-AUTO RIFLE P.O. (>7 YEARS, 5 POINTS)245D3 PC ASSAULT MACHINE GUN P.O. (>7 YEARS, 5 POINTS)246 PC SHOOT INTO DWELLING (>3 YEARS, 5 POINTS)261 2 PC FORCEABLE RAPE (>7 YEARS, 5 POINTS)261 2-664 PC ATTEMPT FORCE RAPE (>5 YEARS, 5 POINTS)286D PC SODOMY BY FORCE (>7 YEARS, 5 POINTS)286D/664 PC ATTEMPT SODOMY BY FORCE (>5 YEARS, 5 POINTS)286 E PC SODOMY IN DETENTION FACILITY (>5 YEARS, 5 POINTS)286E/664 PC ATTEMPT SODOMY IN JAIL (>3 YEARS, 5 POINTS)288A{E} PC ORAL COP IN JAIL (>5 YEARS, 5 POINTS)288A {E}/664 ATTEMPT ORAL COP IN JAIL (>3 YEARS, 5 POINTS)289A PC RAPE W/FOREIGN OBJECT W/FORCE (>7 YEARS, 5 POINTS)289A/664 ATTEMPT RAPE W/FOREIGN OBJECT (>3 YEARS, 5 POINTS)4131.5 PC BATTERY ON NON-IMATE (>2 YEARS, 5 POINTS)4501.5 PC BATTERY BY PRISONER (>2 YEARS, 5 POINTS)4530 A PC ESCAPE STATE PRISON W/FORCE (>10 YEARS, 5 POINTS)4530B PC ESCAPE FROM STATE PRISON (>10 YEARS, 5 POINTS)4532B PC ESCAPE FROM FEL CUSTODY W/FORCE (>7 YEARS, 5 POINTS)4574A PC BRING FIREARM IN TO JAIL (>7 YEARS, 5 POINTS)4574A/664 PC ATTEMPT TO BRING FIREARM IN (>3 YEARS, 5 POINTS)12308 PC EXPLOSION W/INTENT TO MURDER (>10 YEARS, 5 POINTS)12309 PC EXPLOSION CAUSING GBI (>5 YEARS, 5 POINTS)12310A PC EXPLOSION CAUSING DEATH (>5 YEARS, 5 POINTS)12310B PCEXPLOSION CAUSING GBI/MAYHEM (>5 YEARS, 5 POINTS)Source: Contra Costa County Sheriff’s Office Classification UnitTable 17: “MDF Only” Criminal Charges (54)YLYONLYDRAFT ONLYDRAFT ODRDRAAFTFTOOONTS)NTS)NTS)YEARS, 5 POINTS)ARS, 5 POINARS, 5 POINTS)ONYYONONLYLYYYOOO288A289A PC289A PC9A/664A
36Contra Costa County California | Section D | The Classification SystemClassification Sub-setsVersion 2 | 08.13.2015ObservationsThe current classification system is not unusual however there may be a lost opportunity because the system does not allow residents to move to lower classifications by exhibiting good behavior, following rules, and participating in programs. A revised system that allows automatic periodic reviews of initial classifications and allows an resident’s behavior to be factored into the assessment would create an effective resident behavior management tool. RecommendationsClassification Recommendation 1 - Provide for automatic, systematic, periodic reclassification that includes behavior as part of the reclassification assessment.Regular reclassification hearings can increase the motivation of residents to act in ways that will lead to lower levels of custody and increased privileges and freedoms. The reclassification hearings become effectively an resident behavioral management tool. Depending on philosophy and staffing availability, most hearings should be around every 45-60 days. Maximum security may benefit from more frequent hearings–say every 30 days. Classification Recommendation 2 - Ensure that the classification process provides data for the collection of complete, high quality, verified, and standardized data. Combine classification data with the JMS.If data collection is structured, complete, and entered into the an residents JMS file, the reclassification hearing process can be can be effectively and efficiently administered.ConclusionA properly designed and implemented classification system can provide a number of benefits including:• Improved institutional security• Increased public security• Higher morale and lower stress among staff• More encouragement of residents to behave• Efficient decision-making• Greater equity and fairness in housing decisions• Better information for program and facility planningOther crimes that are considered high severity by the Contra Costa County Office of the Sheriff include: felony sex crimes, felony weapon charges, and drug manufacturing charges. It is important to note that residents with medical and mental health issues are automatically assigned to the MDF and must be cleared by the Medical and Mental Health Staff to be housed at WCDF. Women with mental health diagnoses are housed at the MDF.Classification Sub-setsAt both the MDF and WCDF there are the sub-classifications that are used for separation purposes: Administrative Segregation - Residents who are a concern to the safety and security of the facility, pose an escape risk, are violent, disrupts facility operations, sentenced to long term and awaiting transport to prison, and convicted dangerous residents awaiting sentencing. Protective Custody - Residents who have a fear for their safety while in custodyGang - Residents who are currently active members of gangs and are identified to keep certain gangs members separate from each other. Classification ReviewsThe Contra Costa County Office of the Sheriff follows the California Minimum Standards for Local Detention Facilities for classification reviews. State standards require that residents who have been sentenced to more than 60 days may request a review of his/her classification plan no more than 30 days from the last review. 75% of the detention system population is presentenced and do not have the ability to request a review of their classification. The Contra Costa County Office of the Sheriff does conduct periodic review of those in Administrative Segregation. Current policy dictates a review every 7 days for the first 60 days and then every 30 days thereafter. DRAFT ONLYwill wilhearings behearings philosophy and staffilosophy and staximum security may benximum security may bencommendation 2ommendation 2 - -lete, high ete, higDRety and security ety and secursentenced ntenced
Version 2 | 08.13.2015Program needs, including planned academic programs including special education programs and an analysis of performance in using programs that can reduce secure facility requirements. Summary of Current Programming and Related FacilitiesThroughout the history of jails in California and across the nation, in-custody resources have tended to concentrate almost exclusively on legally mandated access to education, religious services, legal counsel, and physical exercise; in California, these mandates are defined in Minimum Standards for Local Detention Facilities, Title 15-Crime Prevention and Corrections, Article 6: Resident Programs and Services. In addition to these mandated services, the “range and source” of any “individual/family service programs” to be offered in a custodial setting may be determined solely “at the discretion of the facility administrator” (Section 1070). In Contra Costa, all in-custody services are administered by the Office of the Sheriff’s Custody Services Bureau Resident Services Unit, under the direction of the Director of Resident Services. The mission of the Resident Services unit is to provide for a variety of needs of incarcerated people in order to reduce the impact of crime on the community. All in-custody programs and services meet the legal guidelines in CA Penal Code Section 4025 and 4026, in addition to Title 15, Article 6. The mandatory Title 15 services provided in the Contra Costa jails are supported in whole or in part by the Resident Welfare Fund.Education: In accordance with Title 15, CCR, Section 1061, the Contra Costa County Office of the Sheriff provides Adult Basic Education classes and independent-study programs for sentenced and non-sentenced men and women incarcerated in the County jails, through a contract with the Contra Costa County Office of Education (CCCoE), which is accredited by the Western Association of Schools & Colleges. All classes are taught by credentialed teachers.Religious: Two full-time Chaplains and one part-time Chaplain, augmented by over 250 volunteer Chaplains, provide pastoral care, counseling, and spiritual materials to men and women of all faith traditions who request such services throughout the jail system. Provide over 78 weekly religious study groups, and approximately 20 weekly worship services for various faith groups within the detention facilities. Legal: Legal Research Associates (LRA) provides legal research services to people incarcerated in any of Contra Costa’s jail facilities, providing mandated legal reference materials for both criminal and constitutionally-mandated civil rights laws provided in Document request forms are submitted to Custody Services administration and requested documents are delivered via courier within 48 hours of receipt by LRA.Community-Based or Voluntary: In the Contra Costa County jail system, as in many others, non-mandated services have generally been provided through volunteer or self-help organizations, such as NA/AA. However, since the advent of AB 109 in 2011, several community-based organizations have been awarded AB 109-funded contracts to provide some services–a weekly mentoring meeting for men and a weekly group for women–to AB 109 clients while in custody, as further detailed later in this section. Despite the need for these and other in-custody programs, however, space limitations and related security classification issues at all three jail facilities substantially interfere with the delivery of appropriate and sufficient services to meet the needs of incarcerated men and women to prepare them for success following release from incarceration.EProgram NeedsDRAFT ONLYed eeddhistory of jails in Cahistory of jails in Cas have tended to concenave tended to conceto education, religious o education, religioualifornia, these mandatelifornia, these mandaetention Facilities, Titletention Facilities, Titlesident Programs ident Programs “range and range anininprprco
38Contra Costa County California | Section E | Program NeedsCurrent Programs and ServicesVersion 2 | 08.13.2015Current Programs and Services1. West County Detention Facilitya. Programs at WCDFAcademic and vocational programs and services are far more accessible at WCDF than at anywhere else in the County jail system. Designed to provide educational and vocational education, the physical plant at WCDF includes dedicated educational spaces for men and for women, with one Classroom Building intended for men and one Classroom Building intended for women. However, because almost all of the available space in the Men’s Classroom Building is fully utilized by the Adult Education classes, which operate morning and afternoon five days a week, men at WCDF have no access to vocational shops. In contrast, because the Women’s Classroom Building is the same size as the men’s but serves a smaller population, women have access to two vocational shops (sign engraving and woodworking). Adult Basic Education: At WCDF, CCCoE conducts Adult Basic Education classes in English, Math, and ESL for both men and women, provided by a team of eight credentialed teachers. All student educational plans begin with a Comprehensive Adult Student Assessment to identify students’ baseline skills.Students may elect to pursue a high school diploma track or a GED track, but all classes are blended, meaning that they serve both high school and GED students simultaneously. Classes are conducted morning and afternoon, five days a week, and all classrooms are used simultaneously, due to student demand and capacity constraints. Both men and women may also elect to participate in academic education through Independent Study, supported by a weekly meeting with a teacher who provides, receives, and grades student assignments. In addition to Adult Basic Education, CCCoE teachers also conduct a workforce soft-skills “reentry” class as well as a substance-use and behavioral education class (DEUCE). Vocational Programs: Both men and women at WCDF can participate in computer applications and web design classes; in the fourth quarter of 2015, the computer applications program will begin providing students with the opportunity to earn industry-recognized certification in Microsoft and Adobe applications. These classes are taught by CCCoE teachers.Women at WCDF can also participate in an Engraving/Sign/Vehicle Decaling Shop Program, which provides training in wood and acrylic engraving, sublimation, banner, aluminum and architectural sign production (including Braille), and vehicle graphics development, printing and application. This course is taught by a team of three County employees: one Industry/Engraving Shop Instruc tor and two Instructor Assistants.Women at WCDF can also participate in the Frame Shop Program, which trains women in professional shadow-box and framing techniques. This course is taught by a part-time Vocational Instructor, who is a County employee.Due to space limitations, as described above, these vocational programs are not available to men at WCDF. At WCDF in 2014, about 434 incarcerated men and women were able to participate in any programs and services.Library ServicesLibrarians employed by the County provide library services, study guides for civil service tests, college and trade school exams, voter registration, and driver’s license study materials within the detention facilities.WCDF provides a full-service browsing library for men, with a satellite (small) browsing library for women. In addition, librarians at WCDF provide tutoring in Math, Reading, and ESL.Religious ServicesAt WCDF, Chaplains conduct weekly nondenominational services. Communion and confession, if requested, are provided in the small interview rooms.Additional Programs• REACH International conducts a monthly support group for women, typically reaching a total of 15 women per meeting, as well as providing information about their services through orientation meetings typically held several times a month.• Men and Women of Purpose conduct weekly mentoring group for men and for women, typically serving 50 men and 15 women per week.• STAND! For Families Free From Violence conducts a weekly batterers’ workshop for Court-ordered men.• Narcotics Anonymous/Alcoholics Anonymous: Women at WCDF have access to once-weekly self-help meetings (one NA and one AA) held in a computer classroom DRAFT ONLYcontrascontr’s but serves a ’s but servesengraving and engraving anLibrary ServLibrary SeLibrarians employerarians employts, college and trade scts, college and trade scwithin the detention faithin the detention favice browvice bro
39Contra Costa County California | Section E | Program NeedsCurrent Programs and ServicesVersion 2 | 08.13.2015in the Women’s complex; for men, once-weekly self-help meetings (one NA and one AA) are held in the single multi-purpose room or a classroom at WCDF, with each housing unit assigned to a specific meeting time each week. • In addition, cleared staff from various agencies (both public and private) enter the jail to conduct intake interviews, distribute informational materials, or provide legal services.b. Program Facilities at WCDFIn total, WCDF’s physical plant includes the programs or services spaces:Classroom BuildingsMen’s: Five classrooms, one computer classroom, and a libraryWomen’s: Two classrooms, one computer classroom, a satellite library room, and two vocational shops (sign engraving and woodworking)Space within Housing UnitsGenerally, each housing unit contains one interview rooms, in a “contact” design, meaning that there are no physical barriers within the room. Because these rooms therefore require active supervision by Deputies, these rooms are usually used only for meetings between legal counsel and clients.Group Spaces (one of each, on the entire campus)One multipurpose room divisible by an “air wall,” with each side holding 25-30 people; this space is used for religious services conducted by chaplains.Visit Center Non-contact room adjacent to the Visit Center; holding X people, this is the only available space for meetings between community-based service providers and their clients during visiting hours.2. Marsh Creek Detention Facilitya. Programs at MCDFAdult Basic Education: At this low-security “farm-style” facility for sentenced people, academic education is provided through Independent Study, supported by a weekly meeting with a teacher who provides, receives, and grades student assignments. In addition to independent academic study, CCCoE also conducts a group substance-use and behavioral education class (DEUCE) and runs the vocational training woodshop program. In the woodshop program, participants construct toys and repair recovered bicycles to be distributed during the holiday season to children and families in need. In the fourth quarter of 2015, the MCDF Woodshop course will implement an additional Construction component of the course, using CCCoE’s Regional Occupations Program curriculum to instruct students in areas related to construction trades. CCCoE staffing at MCDF includes a full-time woodshop teacher, a part time independent study teacher, a full-time DEUCE teacher, and an instructional assistant, supplemented by an additional full-time construction teacher when the new component is added.Landscaping Program: The Landscaping Program trains men in landscape design, installation and maintenance; horticulture techniques; and irrigation design and installation and repair; it is staffed by 1 part-time Landscaping Instructor, who is a County employee. Library Services: MCDF provides a full-service browsing library for men.In 2014, 112 men and women incarcerated at MCDF participated in the available programs and services.Community-Based Services: Proud Fathers program provides anger management and parenting skills course designed specifically for young fathers ages 18-25.b. Program Facilities at MCDF•Classrooms• Space within Housing Units• Group Spaces3. Martinez Detention Facilitya. Programs at MDFOriginally designed to provide medium-security housing for 384 people but now rated for 695 people, MDF has come to serve as both the high-security detention facility and the mental health detention facility for Contra Costa County. satellite library satellite librLibraryLibrarIn 2014, 112 men and 2014, 112 men and ms and servicms and servi
40Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015Unfortunately, however, MDF is almost totally devoid of program and treatment spaces. Each 96-bed unit has one dayroom, sized for 48 people, meaning that only half of the unit’s residents can be safely allowed out of their cells at a time, leading to long periods of in-cell confinement. Aside from the dayroom, there are no other group-meeting spaces at MDF. As a result, people incarcerated at MDF have almost no access to services, programs, treatment, recreation, socialization, or physical activity. Other than psychiatric diagnosis and monitoring, the only services currently available at MDF are academic independent-study, library cart, chaplain services, and psychiatric assessment, diagnosis, and medical management. As a result, all people incarcerated at MDF live in the most restrictive conditions of the entire County jail system.These conditions–compacted, under-designed, overly restrictive, populated by the highest-need individuals whose mental health conditions are exacerbated by deleterious living conditions, nearly devoid of appropriate services, with population levels inconsistent with direct supervision design–pose serious and constant risks to the safe, secure, humane, and effective operations at MDF. Library Services: MDF provides library services only in the form of a library cart, with books requested through an Resident Request Form.In 2014, 99 men and women incarcerated at MDF participated in the available programs and services.b. Program Facilities at MDF• Classrooms: None• Space within Housing Units: Each 96-bed unit contains a single dayroom• Group Spaces: None• Visiting Spaces Proposed Programs and Services1. Essential Approaches a. Rehabilitation and Reentry ProgramThe Rehabilitation and Reentry Program (R&R Program) will provide a comprehensive and integrated array of validated, evidence-based, trauma informed, cognitive behavioral treatment, workforce readiness, and transition-planning services to adult men and women housed at WCDF (in existing housing and in any new facility), with substantial transition-planning and resource development services provided to people incarcerated at either MDF or MCDF.The R&R Program’s array of culturally-competent, gender-responsive services will support clients’ ability to make positive, healthy future choices. The Program will use a blended approach that incorporates recognized evidence-based curricula, elements of the modified therapeutic community model such as milieu interventions, strengths-based case development, intensive and customized transition planning, and job and resource development and matching. By developing skill-based mechanisms to identify, understand, and manage the challenges related to criminal thinking, anger management, interpersonal dynamics, and exposure to trauma, clients will better recognize and manage their moods, thoughts, impulses, behaviors, and decisions. Most services will be made available on an open-enrollment basis, meaning that clients can begin services at any time during their detention. However, some process groups will be conducted as closed groups, to provide opportunities for deeper, more self-reflective work for appropriate clients.The R&R Program will be operated in close partnership with the Sheriff’s Office’s Director of Resident Programs, the Contra Costa County Office of Education, County vocational staff, and other community providers to ensure a coordinated and complementary approach to services. In addition, the R&R Program’s clinical services will be provided in collaboration with the County’s detention mental health, forensic behavioral health, and psychiatric services departments.Note: This purpose of this document is to describe the clinical approaches and services of the R&R Program. However, the R&R Program also includes Transition Specialists (5 FTE) and Resource Developers (6 FTE), who will work together and with clients to develop appropriate transition plans and to identify the resources (housing, food, DRAFT ONLYulated by the ulated by theted by deleteriousted by deleteriousfebased cbased cresource develresourceeloping skill-based mecng skill-based meated to criminal thinkin to criminal thinkinlients will bettients will betsionsio
41Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015financial resources, healthcare) necessary to implement these plans. These transition planning and resource development resources will also be made available to men housed in MDF and MCDF. b. Program StaffingBased at the Rehabilitation and Reentry Services Center to be established at WCDF, and operating at an annual cost of $1.87 million, the R&R Program will be staffed by a team of 26 FTE, including a full-time, licensed Director of Rehabilitative and Reentry Services; a Multi-Disciplinary Services Manager (LCSW); a Parenting Inside Out/Family Support Manager (LCSW); ten Behavioral Health and Parenting Inside Out Counselors; six Resource Developers; five Transition Specialists; a Data and Evaluation Manager; and an Administrative Assistant. The clinical staff will be cross-trained to facilitate all components of the program, including trauma identification and trauma containment, motivational strategies, and the core premises and practices of CBT. The Behavioral Health & Parenting Inside Out counselors will be provided with weekly supervision by licensed clinicians with substantial experience in clinical supervision and forensic program administration. Multidisciplinary staff will attend weekly clinical team meetings to review progress and barriers toward achieving treatment goals, peer interactions, and engagement in the clinical program. During this review, the effectiveness of clinical strategies will be explored and treatment plans will be updated as needed; program fidelity will be reinforced; and intra-team operating issues will be addressed.The Program will implement a course of start-up training to ensure efficient and consistent launch and implementation of all clinical activities. Clinical training topic areas will include Treatment Format, Preparation, and Process; How to Conduct Didactic Classes: Treatment Guidelines and Program Fidelity; and Managing Problem Situations and Treatment Emergencies. All clinical staff will be trained in the Program’s clinical curricula and relevant evidenced-based practices in fields of case management, CBT, and substance use disorder (SUD) and mental health treatment, such as Motivational Interviewing and the client-centered Stages of Change treatment model.In addition to staff training on all clinical curricula, the start-up training array will address universal issues, including Client Confidentiality and Privacy; Clinical Ethics and Boundaries; Cultural Competency & Gender Responsiveness; Clinical Documentation Procedures; Working with Criminal-Justice Involved Populations; and Adverse Childhood Experiences and Trauma-Informed Care.2. Core Premisesa. Trauma-Informed PracticesRecognizing that history of trauma is disproportionately present in justice-involved populations, the R&R Program will establish a trauma-informed environment in all aspects and activities. Staff will be trained to maintain alertness and sensitivity to environmental triggers and to trauma-related behaviors, and will also be trained in core interventions to help clients manage such symptoms and triggers. Similarly, clients will be oriented to basic concepts of trauma-related awareness and self-care, including techniques of de-escalation and emotion regulation, and the program will utilize a “containment” model for addressing co-occurring trauma among clients. The program’s clinical staff will be able to identify, address, and immediately provide or coordinate care for safe stabilization of any client in crisis situations that may arise during treatment. All staff will be able to identify and assess indications of decompensation, including suicidal and homicidal ideation, intent, and plans that may emerge; licensed providers will be directly involved in the assessment and intervention process. Emergent risks will be identified and assessed; when appropriate, clients may be referred to crisis care in the Acute Services Unit or Special Services Unit.b. Population-Specific ServicesGender-responsive approaches: Women have unique needs that require gender-specific programming to facilitate positive treatment outcomes, and justice-involved women have very high incidences of childhood and adult traumatic experiences and victimization. While abuse histories are not uncommon among women, the incidence of physical and sexual abuse among incarcerated women has been reported to be 47% in some studies (Modley, 2010) and even higher—up to 83% in a 2010 study conducted among incarcerated women in Illinois (Reichert, 2010). For many, the path to crime has involved running away from childhood abuse, the use of illegal drugs as a means of coping, and drug selling, prostitution, and other crimes as a way to survive on the streets. As adults, many have experienced intimate partner abuse, sexual assault, and the grief of losing custody of their children. Studies show that treatment of drug-dependent women is more likely to be successful if treatment is provided in a mutually supportive therapeutic environment and addresses the issues including psychopathology (e.g., depression), a woman’s role as mother, interpersonal relationships, and the need for parenting education (Polinsky, Hser, Grella, 1998). Women’s recovery outcomes and treatment retention improve by participating in gender-specific treatment programs (Chen, Burgdorf, Dowell, et al., 2004; Nelson-Zlupko et al., 1996). Women in non-gender-specific treatment environments often report negative experiences related to sexual harassment, feelings of being objectified, and being unable to express their experiences and feelings freely. onotices of CBTtices of CBded with weekly supded with weekly su supervision and forenspervision and forenbe rbeb. Population-Specb. Population-Specr-responsive r-responsiveammim
42Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015At the same time, many justice-involved men have also experienced sexual abuse and assault in their lives; for men, the stigma of being sexual victims, coupled with culturally-shaped expectations for normative masculine behavior, adds extra trauma, anxiety, and confusion to an already traumatic history. Therefore, for both men and women, the R&R Program will identify and address relevant gender-specific issues, substantiated by appropriate treatment documentation.Transition-Aged Youth: The largest single population in the Contra Costa County adult jail system is male youth, ages 18-25. Evidence demonstrates that young people involved in the juvenile justice or adult justice systems (both male and female) have disproportionately high rates of prior involvement in the child welfare system; high rates of sexual abuse; and high numbers of Adverse Childhood Experiences (ACE), which are highly correlated with the formation of criminogenic risk factors, including disengagement with school, substance-use disorders, and mental ill disorders such as depression, hyper-vigilance, and emotional lability and deregulation. In addition, further evidence shows that when young people with relatively short or modest criminal histories are co-housed with older adults with longer or more serious criminal histories, the younger people are subject both to high rates of victimization, coercion, and indoctrination into more serious behaviors. Furthermore, it is also well recognized that young people who “age out” of either the child welfare system or the juvenile justice system at age 18 demonstrate sharply worse outcomes than their counterparts. In response, in 2010 the State of California enacted Assembly Bill 12, the California Fostering Connections Act, which includes a number of improvements to the Kin-GAP program and extends foster care supports and services to foster and probation youth ages 18 to 21. By intentionally identifying TAY and young adult people incarcerated in the Contra Costa County jail system, we can build service plans that maximize the potential benefits of these additional financial, social, and educational supports.Veterans: Given the large numbers of military veterans who experience incarceration, it is expected that the population served by the program will have high rates of PTSD, physical trauma such as traumatic brain injury (TBI), physical and mental disability, chronic physical health problems, and functional struggles consistent with high rates of homelessness. A trauma-informed approach is of particular importance, but in addition the program will develop specialized approaches specific to the needs of veterans, beginning with the use of specialized assessment instruments designed for use with veterans (such as the PCL-V). Service plans for veterans will include consideration of both the specialized needs and the specialized resources related to veterans.3. Overarching MethodologiesCognitive-Based Treatments: The R&R Program will provide client-centered, goal-oriented cognitive based treatments (CBT), such as Thinking for a Change (see below). The Program’s integration of cognitive, behavioral, and social learning theories will support clients in building and practicing skills they may never had (habilitation) or in freshening skills that may have been lost (rehabilitation). Dialectical Behavioral Therapy: The Program will use the grounding and mindfulness elements of Dialectical Behavior Therapy (DBT), an adaptation of CBT developed for treatment-resistant clients who have particular challenges with post-traumatic emotional self-regulation. Developed by Marsha Linehan as a cornerstone approach for both men and women, DBT includes somatic approaches to understanding trauma, helping clients develop foundational skills in emotional regulation, stress tolerance, de-escalation, and the use of mindfulness to cope with trauma reactions. Through this work, clients become better able to cope with the stressors they encounter in both detention settings and community-based treatment milieu; become more capable of managing their own responses; and develop greater sensitivity about the ways in which their behaviors may trigger others. Motivational Interviewing (MI) will serve as an overarching clinical approach. Designed to that help people with mental health and substance use disorder (SUD) make positive behavioral changes, MI upholds four principles — expressing empathy and avoiding arguing, developing discrepancy, rolling with resistance, and supporting self-efficacy (client’s belief s/he can successfully make a change). MI is a non-directive, client-centered, non-intrusive style of counseling with the goal of eliciting behavior change by helping individuals explore and resolve ambivalence. Although initially developed to support substance abuse counseling, MI has been used and evaluated across many other areas of behavioral health as well as in the treatment and prevention of chronic diseases. MI appears to be an easily adaptable approach that can be used with different populations and settings. MI is an evidence-based practice with resources such as manuals, tools, self-assessment and fidelity measures, and in-service training to help support its implementation within agencies. There is strong evidence suggesting the effects of MI are greater when coupled with another active intervention such as cognitive behavioral therapy (CBT). DRAFT ONLYors, incors, insorders such sorders such. In addition, . 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43Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.20154. Service StructuresServices will be provided primarily in group settings (didactic, process, or blended), supplemented by 1:1 case planning, transition planning, and discharge management.Gendreau and Goggin (1994) define a set of interventions likeliest to improve treatment outcomes as follows: Treatment should be based on behavioral strategies; be provided for at least three to four months (100 hours) of direct service; target criminogenic/behavioral needs; provide optimal conditions for learning prosocial behaviors; and provide continuing assistance or aftercare once the formal treatment phase ends. Therefore, each client’s service plan will be customized to reflect these premises. A typical schedule for a motivated client might include two didactic groups each week, a process/caseload group every week, and an individual one-on-one meeting no less than monthly, supplemented by NA/AA groups held within the housing units, ideally for a period of at least three months, after which a new service plan would be created to establish goals and schedule, with increasing emphasis on skills application and developing preparatory plans to support discharge and aftercare.The program milieu itself will be designed as an intentional opportunity for clients to practice the skills they’re learning. Clients will be supported in cultivating attitudes and behaviors that are prosocial, supportive of others, accepting of difference, and forthcoming rather than secretive. Recognizing the complex challenges common to this population, the R&R Program will employ clinical engagement strategies to respond to and manage counter-productive behaviors.All treatment plans will emphasize opportunities for skills acquisition, practice, and real-world application. Each client’s course and duration of treatment will be determined by progress towards the client’s identified treatment goals, and treatment plans will be modified over time, as additional needs and strengths emerge. Biweekly team meetings will include the program staff and relevant partners who are also serving these clients. In addition, the program will conduct regular meetings, no less than monthly, to discuss program implementation, clinician adherence to treatment protocol/curriculum, barriers to be overcome for highest level of participation, and treatment attendance and compliance. This inclusive, Multi-Disciplinary Team (MDT) approach will ensure that clients receive holistic, integrated, efficient, and effective services customized to their individual needs.5. Screening ProtocolsFor active program participants, Program staff will deploy a variety of evidence-based or evidence supported assessment tools, including assessments for criminogenic risks and needs. If assessments (including those conducted by Detention Mental Health during booking/intake) are available, the staff will attain and review such records. The array of screening tools available for use by the R&R Program include the following:a. Mental HealthThe Program will screen all clients for emerging symptoms of mental illness using the Mental Health Screening Form III (MHSF III). A positive screen, indicating need for further assessment, will trigger referral to a County psychiatric staff for further evaluation. The MHSF III is available in Spanish.b. Substance Use DisorderAn Alcohol/Drug History Form can be completed at screening/intake or at the time of assessment. In includes information about age of first drug use, age of regular use, frequency in 30 days prior to treatment, usual route of administration, date last used, and average amount used at one time, along with the client’s self-reported level of concern or problem with specific uses.For clients who screen positive for SUD, Addiction Severity Index (ASI) will be used to assess substance use (both alcohol and drugs). This robust assessment is a cornerstone of our intake process. A research-derived problem assessment interview that measures the type and severity of difficulty across seven domains, ASI is the most widely used assessment tool in the addictions field. c. TraumaIt is well documented that justice-involved populations demonstrate high rates of traumatic histories. Therefore, clients will be screened for trauma using the Trauma History Screen (THS), a brief, 13-item self-report measure that examines 11 events and one general event, including military trauma, sexual assault, and natural disasters. With its low reading level, use of common language, and simple responses, the THS can be administered to a wide population.Those who are identified as positive for trauma exposure will also be screened for PTSD using the PTSD Checklist (PCL), which is available in versions for civilians (PCL-C) and veterans (PCL-V). The PCL is available in Spanish.DRAFT ONLYhin thehin thservice plan woservice plan sis on skills applicationsis on skills applicationreents tostand aveand avconcern or proconcern or prents who screents who scrence uce
44Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015Individuals who screen with minor symptoms of a mental health issue or a few symptoms of PTSD but who do not meet the full criteria for PTSD will be targeted for Seeking Safety interventions designed to help trauma survivors improve resilience and address their symptoms. d. Criminal ThinkingTCU Criminal Thinking Scales (TCU CTS) is a brief self-rating instrument developed to assess cognitive functioning expected to be related to criminal conduct. Findings demonstrate that these scales have good psychometric properties and can serve as a short but reliable self-reported criminal thinking assessment to help determine offender progress and effectiveness. Tools and forms are available in Spanish.e. Interpersonal Skills DevelopmentThe R&R Program will use the TCU Client Evaluation of Self & Treatment: Social Functioning Sub-Scale (CEST-SOC Form), which includes nine questions that measure Social Support. Together, these nine questions can be used as proxies for assessment of effective interpersonal skills. This sub-scale can be used for monitoring client performance and psychosocial changes during treatment (as well as program-level functioning), and offers interim criteria for evaluating treatment interventions. Tools and forms are available in Spanish.f. Anger ManagementThe R&R Program will use the TCU Client Evaluation of Self & Treatment: Social Functioning Sub-Scale (CEST-SOC Form), which includes eight questions that measure hostility. This sub-scale can be used for monitoring client performance and psychosocial changes during treatment (as well as program-level functioning), and offers interim criteria for evaluating treatment interventions. Tools and forms are available in Spanish.g. Co-Occurring DisordersIt is well recognized that the justice-involved population demonstrates high rates of substance use history as well as dual (or multiple) diagnoses. Because unmanaged substance use or co-occurring disorders are recognized as significant criminogenic factors, the assessment process will include the TCU Drug Screen to identify channels for risks and needs related to co-occurring disorders. All clients will be assessed for COD during the orientation phase; when indicated, appropriate approaches will be developed and incorporated into the client’s treatment plan. All staff will be trained in recognizing and responding to the challenges commonly found in serving people with COD, including training in techniques such as motivational interviewing and managing trauma triggers to help staff work effectively with clients in the context of their co-occurring conditions.h. Literacy and Educational LevelsThe Comprehensive Adult Student Assessment will assess level of academic skills, while the San Diego Quick Assessment of Reading Ability will assist staff in making referrals to educational services if literacy enhancement is necessary to prepare clients for increased functionality and self-sufficiency. The assessment is available in Spanish.6. CurriculaTo ensure ongoing fidelity to the models, the Program will use “Adherence Checklists” for some of the practices; and for those practices with no available checklists, the Director will assist program staff in the development of Adherence Checklists. These checklists will be utilized during supervisor observation of class facilitation to evaluate staff adherence to the model. Feedback will then be delivered to staff in supervision sessions in order to adjust facilitation skills and maintain EBT fidelity. a. TraumaThe well-recognized Seeking Safety will serve as the curriculum for the trauma groups. Developed by Lisa Najavits, Seeking Safety is a present-focused treatment for clients with a history of trauma and substance abuse. Designed for flexible use, it is appropriate for group or individual format, male and female clients, and a variety of settings (e.g., outpatient, inpatient, residential). Seeking Safety addresses trauma in terms of its current impact, symptoms, and related problems (e.g., substance abuse) without requiring individuals to explore distressing memories. Seeking Safety is available in Spanish.b. Criminal ThinkingMultiple CBT-based programs have been demonstrated as effective for justice-involved populations. While studies vary, most conclude that several of these CBT-based interventions are correlated with a variety of improved outcomes. Selecting one or the other, therefore, is a matter of informed consideration. Currently, Contra Costa County Probation is implementing Thinking for a Change with some of its clients, and it may be most effective to align the Program’s curricula to complement those already in use. For men: Thinking for a Change (T4C) is a widely used treatment developed by the National Institute of Corrections specifically for justice-involved populations. This curriculum consists of 22 group sessions and focuses on three cognitive perspectives: DRAFT ONLYSocial Socials that measure that measussmentment adhereadherein order to adjuin order edSeeking SafetySeeking Safety wwyyssSeekingSeek
45Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015Cognitive Restructuring, Social Skills Development, and Development of Problem-Solving Skills. T4C is available in Spanish (Pensar en un Cambio).For women: Moving On: A Program for At-Risk Women provides women with alternatives to criminal activity by helping them identify and mobilize personal and community resources. Moving On draws on the evidence-based treatment models of relational theory and cognitive-behavioral therapy, can be administered to groups or individuals in forensic or community settings, and can be fully delivered in as little as nine or as many as 25 weeks (including supplemental sessions). Program content is organized around four main themes: Encouraging personal responsibility and enhancing motivation for change; Expanding connections and building healthy relationships; Skill enhancement, development, and maintenance through staff modeling, role play, feedback and homework assignments; Relaxation and stress management skills, demonstrated and practiced. Moral Reconation Therapy (MRT) is a systematic treatment strategy that seeks to decrease recidivism among juvenile and adult criminal offenders by increasing moral reasoning. Its cognitive-behavioral approach combines elements from a variety of psychological traditions to progressively address ego, social, moral, and positive behavioral growth. MRT takes the form of group and individual counseling using structured group exercises and prescribed homework assignments. The MRT workbook is structured around 16 objectively defined steps (units) focusing on seven basic treatment issues: confrontation of beliefs, attitudes, and behaviors; assessment of current relationships; reinforcement of positive behavior and habits; positive identity formation; enhancement of self-concept; decrease in hedonism and development of frustration tolerance; and development of higher stages of moral reasoning. MRT builds on some of the ideas promoted in cognitive behavior courses, such as changing residents’ ways of thinking to be more pro-social, and it combines well with other life skills programming like anger management and job placement. One difference between MRT and traditional cognitive behavior programs is that MRT programs constantly work on raising the moral reasoning level of residents through exercises with groups of offenders — some of whom are at different stages in the program. MRT is conducted in open-ended groups that may meet once a month or up to five times per week. MRT does not require high reading skills or high mental functioning levels, as participants’ homework includes making drawings or writing short answers. Participants meet in groups once or twice weekly and can complete all steps of the MRT program in a minimum of 3 to 6 months.c. Anger ManagementFor Men: Controlling Anger and Learning to Manage (CALM) is an evidence-based cognitive-behavioral group training program developed by Orbis Partners and intended to reduce anger, violence, and emotional loss of control for adult men classified as high-risk. In its 24 sessions, CALM teaches skills to reduce the frequency, intensity, and duration of anger. This helps to lessen the likelihood of the occurrence of aggression and other strong negative emotions. CALM sessions are practical, highly structured, and designed for groups at risk for inappropriate or violent behavior and, in many cases, criminal recidivism. Clients are taught a wide variety of skills, including improved self-management and self-control skills, effective problem-solving, effective communication, identifying high-risk situations (within the context of a Relapse Prevention model) and examining and correcting cognitive distortions through prosocial skills training. The first step in the process of skill building is a facilitator-led discussion regarding the skill of interest. Following this overview, the facilitator models the skill for clients, who later practice these skills with role-play exercises. The facilitator then provides constructive feedback on the performance of the group members and the session content is reviewed. The final step in the skill development process involves homework exercises to practice the skill outside of the group context. The CALM curriculum consists of six sections: Introduction and motivational enhancement; Managing arousal; Thinking patterns; Assertiveness and communication; Other emotions; Relapse prevention. For Women: Beyond Anger and Violence, created by Stephanie Covington, PhD, LCSW, is a manualized curriculum for women who are struggling with the issue of anger and who are in forensic or community settings. The first manualized intervention for women that focuses both on anger and on the trauma they may have experienced, it utilizes a variety of evidence-based therapeutic strategies (i.e., psycho-education, role playing, mindfulness activities, cognitive behavioral restructuring and grounding skills for trauma triggers). This 42-hour, 21-session intervention consists of a facilitator guide, client workbook and DVD. The facilitator’s manual for the program is a step-by-step guide containing the theory, structure, and content needed for running groups.d. Interpersonal Skills DevelopmentSkillstreaming: A Guide for Teaching Prosocial Skills will be used to support interpersonal skills development. A manualized approach developed by Arnold P. Goldstein, Skillstreaming comprises one of the three elements of Aggression Replacement Training. Originally developed as an intervention prescriptively targeted to low-income adults deficient in social skills, Skillstreaming has increasingly been used with many populations, including older adults, child abusing parents, and other adult populations. In the absence of an adult-specific manual, the program will use the adolescent version of the training manual, because the skills taught are the same for adolescents and DRAFT ONLYent strategy that seeks ent strategy that seeksrs by increasing moral by increasing moral a variety ofvarietyvesectionsectiopatterns; Assepatterns; Assomen:men: Beyond ABeyonddcurc
46Contra Costa County California | Section E | Program NeedsProposed Programs and ServicesVersion 2 | 08.13.2015adults. Further, as the curriculum uses clients’ own examples to apply the skills to real-life situations in their lives, adult clients will provide adult situations to guide the learning through role-play. The Skillstreaming curriculum is comprised of 50 specific skills ranging from beginning social skills (listening, starting a conversation, or giving a compliment) to advanced social skills (such as asking for help, following instructions, apologizing, and convincing others). Included in the 50 skills are other skills to help clients deal with feelings, including knowing your feelings, understanding the feelings of others, and dealing with fear. Alternatives to aggression are also taught in the form of skills such as asking permission, negotiating, using self-control, and keeping out of fights. Skills for dealing with stress include responding to failure, dealing with an accusation, dealing with group pressure and dealing with embarrassment and planning skills such as setting a goal and making a decision are also included. Should a sufficient number of women be assessed as high-need for interpersonal skills development, the R&R Program may operate a gender-specific women’s Skillstreaming group.e. ParentingParenting Inside Out (PIO) is an evidence-based parenting skills training program developed for justice-involved parents. The Jail Module of PIO is appropriate for both incarcerated mothers and incarcerated fathers who are parenting from jail, offering 20 hours of skills-building via a 10-week, manualized curriculum. Parenting Inside Out has a proven impact on reducing recidivism and criminal behavior while improving family relationships and parenting skills; a randomized controlled trial of PIO demonstrated that PIO reduced recidivism (27% to 48% one year after release); improved parental participation in the lives of their children, increased the use of positive reinforcement, and reduced parental stress; reduced parental depression and raised their prison adjustment scores; and reduced reported substance use. Parents enrolled in PIO will be eligible to participate in the WCDF Family Matters component of the R&R Program. The PIO staff will work with incarcerated parents to build stronger parenting skills; identify and effectively manage their own grief, trauma, and loss; develop effective communication skills in dealing both with their child and the child’s active caregiver; set interpersonal goals for each visit with their child; tie their in-custody goals and behaviors to their hopes and motivations as parents; and build reentry plans that increase their capacities as parents. Incarcerated parents will be eligible for regular, facilitated, contact visit with their child(ren) in the new, child-friendly Family Visit Center to be built as part of the County’s SB 863 proposal. For justice-involved parents who are also involved in the child welfare system, the R&R Program will coordinate with the County’s Children and Family Services Bureau to maximize parental opportunities to comply with court-ordered reunification plans by participating in Parenting Inside Out and the Family Matters program.f. Substance Use Disorder/Co-Occurring DisordersUsing a holistic, strengths-based, client-focused model, the Program will provide evidence-based outpatient alcohol and other drug (AOD) services to clients with alcohol and other drug-related problems, included co-occurring disorders. Stephanie Covington’s Helping Men Recover is the first gender-responsive, trauma-informed treatment program for men. This curriculum addresses what is often missing in prevailing treatment modes: a clear understanding of the impact of male socialization on the recovery process, a consideration of the relational needs of men, and a focus on the issues of abuse and trauma. The program model is organized into four modules that emphasize the core areas of men’s recovery: self, relationships, sexuality, and spirituality. The Facilitator’s Guide for the 18-session program is a step-by-step manual containing the theory, structure, and content needed for running groups, while the participants’ workbook allows men to process and record the therapeutic experience. Designed for implementation by a staff with a wide range of training and experience, the materials are designed to be user-friendly and self-instructive. Dr. Covington’s evidence-based Helping Women Recover will be the recovery education curriculum for women. Integrating theories of women’s psychological development, trauma, and addiction to meet the needs of women with addictive disorders, the comprehensive, seventeen-session curriculum contains four modules that address the areas that women in treatment identify as triggers for relapse: self, relationships, sexuality and spirituality. They include the issues of self-esteem, sexism, family of origin, relationships, domestic violence, and trauma. As with the men’s curriculum, the user-friendly and self-instructive materials include a step-by-step facilitator’s guide and a participant’s journal, entitled A Woman’s Journal, filled with self-tests, checklists, and exercises to enable each participant to create a personalized guide to recovery.g. LifeskillsLifeskills are an essential component of successful self-sufficiency; for many justice-involved people, especially those with SUD or co-occurring disorders, the development of basic life skills has been delayed or limited. The Program will ensure that clients’ case plans include goals and activities related to money management (e.g. banking, budgeting, and matched-savings programs); healthy relationships; nutrition (e.g. cooking, exercise, and health); stress and emotional self-regulation; positive communication; and problem-solving.DRAFT ONLYDr. Covington’sDr. Covincurriculum for womenriculum for women, and addiction to meed addiction to mee, seventeen-session ceventeen-session cin treatment iin treatmentyincli
Version 2 | 08.13.2015IntroductionContra Costa County enjoys one of the lowest incarceration rates in the State of California and compares very favorably to the national incarceration rate. Over the years the County has implemented a number of programs to divert presentenced arrestees from incarceration and have utilized alternatives to incarceration to control their overall detention population. The following is a look at key data regarding the functioning of the County detention system, a description of programs in place to manage the population numbers, and finally a forecast of future bed and facility need. County PopulationContra Costa County is the ninth largest county in California and according to the State of California, Department of Finance, the 2014 population is 1,096,637. Over the last ten years, the County has experienced steady growth of a little less than 1% per year as translating in the addition of 100,000 people to the County. YEAR TOTAL # CHANGE % CHANGE2004 998,201 2005 1,004,230 6,029 0.6%2006 1,010,104 5,874 0.6%2007 1,021,251 11,147 1.1%2008 1,033,292 12,041 1.2%2009 1,043,501 10,209 1.0%2010 1,052,199 8,698 0.8%2011 1,061,197 8,998 0.9%2012 1,069,158 7,961 0.8%2013 1,081,948 12,790 1.2%2014 1,096,637 14,689 1.4%2010-2014 Total: 98,436 9.5%Annual Growth Rate: 9,844 0.95%Source: State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2010-2014. Sacramento, California, December 2014.State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2000-2010. Sacramento, California, December 2011.FLocal Trends and CharacteristicsFigure 26: Contra Costa County Historical Population0200000400000600000800000100000012000002004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014Table 18: Contra Costa County Historical PopulationDRAFT ONLYll detell deta look at key data regar look at key data regarm, a description of proga description of progs, and finally a forecast and finally a foYYYYYYYY
48Contra Costa County California | Section F | Local Trends and CharacteristicsCriminal Offenses Version 2 | 08.13.20150300000600000900000120000015000002015 2020 2025 2030 2035The Department of Finance is forecasting more aggressive growth the next 20 years with an annual population increase of 2%. The forecast predicts that the population of Contra Costa County in 2035 will be 1,341,741, an increase of 19.5% compared to 2014. YEAR TOTAL # CHANGE % CHANGE2015 1,108,963 2020 1,166,670 57,707 5.2%2025 1,224,372 57,702 4.9%2030 1,281,561 57,189 4.7%2035 1,341,741 60,180 4.7%2010-2014 Total: 232,778 19.5%Annual Growth Rate: 23,278 1.95%Source: Demographics Research Unit, California Department of Finance, December 2014Figure 27: Contra Costa County Projected PopulationTable 19: Contra Costa County Projected PopulationCriminal Offenses The following information regarding historical arrest data provides context and explains the setting for the detention system. It also begins to show trends number, types, and severity of crimes being committed. The following data is from the California Office of the Attorney General. It publishes criminal offense statistics for each county and the crime statistics include felonies and misdemeanors. FeloniesFelony Crimes are the most serious crimes committed by individuals and they have the greatest impact on the detention system in terms of population numbers, length of stay, and security concerns. The felonies are classified as follows: • Violent crimes including homicide, forcible rape, robbery, and aggravated assault• Property crimes including burglary, motor vehicle theft, larceny theft• Drug crimes •Sex crimes•Other crimesOver the last 10 years Costa Contra County reported a decrease in reported felony crimes from 2005 to 2011. This is similar to rest of the rest of the State of California and the US. Since 2011 however felony crimes have been on the upswing and have grown 12%. Most of the growth is attributable to an increase in felony drug offenses that have increase 30% and 17% increase in “other” felony crimes. DRAFT ONLYADRAD•Sex criSex c•Other crimesOther crimesast 10 years Costa Contst 10 years Costa Conto 2011. This is simto 2011. This is simer felony cer felon
49Contra Costa County California | Section F | Local Trends and CharacteristicsCriminal Offenses Version 2 | 08.13.2015MisdemeanorsMisdemeanors are minor offenses that impact the detention system at a far lesser degree than felonies although there are a few offenses such as weapons charges that can result in jail time. Misdemeanor offenses have averaged 16,880 per year over the last decade and have ranged from a high in 2008 at 19,712 and a low of 14,338 in 2013. Table 20: Felony CrimesFigure 28: Felony Criminal Offenses Figure 29: Total Felony OffensesFigure 30: Total Misdemeanor OffensesSource: Contra Costa Sheriff OfficeFELONY CRIMES 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014FELONY 12,667 12,763 12,400 12,034 11,661 11,693 10,832 11,185 11,583 12,146Violent Offenses 2,498 2,885 2,770 2,763 2,976 2,692 2,514 2,445 2,356 2,411Property Offenses 4,162 3,980 4,018 3,704 3,532 3,597 3,141 3,304 3,280 3,315Drug Offenses 3,485 3,324 2,795 2,831 2,895 3,288 3,042 3,283 3,599 3,951Sex Offenses 180 225 177 162 189 193 175 212 207 168Other Offenses 2,342 2,349 2,640 2,574 2,069 1,923 1,960 1,941 2,141 2,301FT ONLYFigure 30:Figure 30Total Total
50Contra Costa County California | Section F | Local Trends and CharacteristicsAdmissionsVersion 2 | 08.13.2015AdmissionsAdmissions refer to all persons booked into the detention system. This would include new arrestees, in-court remands to custody (convictions and contempt of court), ICE detainees, AB109 detainees, probation and parole violators, and targeted felony warrant arrests. Admissions do impact the ADP but it is not a proportional relationship because the majority of the new persons booked are released directly from the booking area. Moreover, a County with pre- and post-sentenced alternatives to incarceration such as Contra Costa County can provide alternative sanctions other than jail. Over the past 10 years, Contra Costa County booked approximately 25,000 individuals a year about 2,050 people monthly. The number of admissions were fairly consistent but dropped about in 2011 and 2012 to 23,315 and 23,037 respectively. By 2014, admissions were back near 25,000 annually. Average Daily Population From 2005 to 2007, the Contra Costa County detention system’s average daily population was approximately 1,650. In 2008 it dropped by about 100 and it has continued to at this lower level since. From 2008 to 2014, the average daily population of the detention system has been approximately 1,550 people. Figure 31: Average Monthly AdmissionsFigure 32: Average Daily PopulationAmong the 3 detention facilities most of the population is held at WCDF. Over the years, the medium security WCDF has held 51-55% of the County’s detention population and the maximum security MDF has held 39-45%. The MCDF holds just a small number of low security residents, generally 4-7% of the detention population.Source: Contra Costa Sheriff OfficeDRAFT ONLY
51Contra Costa County California | Section F | Local Trends and CharacteristicsADP of AB109 Commitments and HoldsVersion 2 | 08.13.2015The ADP of the MDF is extremely troubling. This facility holds the most violent people in the detention system and it is chronically above functional capacity and sometimes above the facility’s rated capacity. Functional capacity refers to approximately 85% of rated capacity. When the population crosses this 85% threshold, facilities have difficulty separating residents per their classification and security level. As a result, the safety and security of residents and staff alike are compromised. ADP of AB109 Commitments and HoldsThe AB109 program was implemented in the California in October, 2011 in response to the US Supreme Court mandating a reduction in the California’s state prison population. Under AB109, the responsibility of a portion of the state prison population is transferred to local counties. AB109 is commonly referred to as “realignment.”AB109 requires the following (1) parole violators to serve their violations in local custody; and (2) non-serious / non-violent / non-sex offenders to serve their sentence under local jurisdiction. The latter ones are referred to as AB109 Jail/Prison Commitments. A second component of the realignment deals with those residents who are sent to Post Release Community Supervision (including County Probation). Probation violators are now being sent to the local adult detention to serve time for their violation. They are estimated to serve approximately 30 days in jail. Finally, a small percentage of those residents on probation who may need a “wake-up call” at the discretion of the probation officer may be sent to custody for up to 10 days. These are called “flash incarcerations” and fall under the 3056 California Penal Code.Much like the rest of the state’s prison population, the recidivism rates of the AB 109 population are higher, and, as a result, Contra Costa County will have to address that with emphasis on in-custody programming and reentry programs.AB109 has had a significant impact on many counties throughout California, but the impact to Contra Costa County has been small. In 2014, an average of 47 AB109 people were in the system and that is down from a high of 76 in 2012. The reason for this is that before AB109, the Contra Costa County justice system already had a culture of keeping people local instead of shipping them to state prison. The prison system had very few AB109 qualifying people to divest. It is anticipated the AB109 people will continue to be a small percentage of the population. Figure 33: ADP by FacilityFigure 34: MDF ADP Versus CapacitySource: Contra Costa Sheriff OfficeRAFT ONLYolent peoplelent peopmesMuch lMuch population are population aremphasis on in-custophasis on in-custodasiga
52Contra Costa County California | Section F | Local Trends and CharacteristicsCustody Alternative FacilityVersion 2 | 08.13.2015Custody Alternative FacilityThe Custody Alternative Facility is a bit of a misnomer because it is not a detention facility. It is a program of alternative sanctions and supervision available to individuals in lieu of incarceration. There are 3 program options available:Work Alternative Program - People provide labor in exchange for sentenced days incarcerated.Home Detention Program - People wear electronic home detention ankle bracelets and Contra Costa County Office of the Sheriff staff monitors their whereabouts. This permits people to be a productive member of society by maintaining employment and family responsibilities while serving their sentence. County Parole - People are granted parole specifications in lieu of incarceration. If a person violates the conditions or regulations of the programs, rejection or a return to incarceration may result. Participation in the program has been exceptional and the BSCC commented about the program in its most recent inspection stating “we want to acknowledge the Custody Alternative Facility, a program to deliver services to released persons who would otherwise be taking up jail bed space.” In 2014, there was an average of 319 persons in the program. MONTH 2012 2013 2014 2015January 465 349 339 301February 460 366 344 360March 438 424 364 364April 443 446 376May 434 406 389June 412 391 379July 425 398 330August 417 345 294September 383 288 267October 368 337 217November 368 337 263December 375 337 260Monthly Average 416 369 319 342010203040506070802011 2012 2013 2014 2015AB109 Prison Jail CommitmentsAB109 3056 ComitmentsAB109 3056 Parole HoldsTotal AB109Figure 35: AB109 Commitments and HoldsSource: Contra Costa Sheriff OfficeFigure 36: Custody Alternative Facility - Average Daily Census DRAFT ONLYIf a persIf a perincarceration mincarcerapation in the program han in the program hmost recent inspectionst recent inspectionrogram to delirogram to de201420D
53Contra Costa County California | Section F | Local Trends and CharacteristicsIncarceration RateVersion 2 | 08.13.2015Incarceration RateIncarceration rate (IR) is the ratio of the jail’s ADP to the total population. The IR is expressed in terms of persons held in jail per 100,000 census population. Differences in incarceration offer a comparison among other counties, the state incarceration rate, and national incarceration rate. Table X shows the historic incarceration rates for Contra Costa County over the past 10 years. The ADP’s shown are total yearly averages of persons held in the County’s 3 detention facilities, including ICE detainees. Over the last 10 years the County has an average IR of 151. The IR fell significantly in 2008 where it fell 11% compared to 2005. From 2008 on, the IR has ranged from 138.5 to 150 or an average of 145. The Contra Costa County IR is significantly less than that of the State of California and the US. For example, the State of California’s incarceration rate in 2014 stood at 214/100,000 population or 50% higher than the County’s. Moreover, the US incarceration rate was 231/100,000 in 2014 or 62% higher than Contra Costa.Table 21: Historic Incarceration Rate - Detainees per 100,000 PopulationTable 22: 2014 Incarceration Rate ComparisonSource: Contra Costa Sheriff Office2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 AVERAGECounty Population 998,201 1,004,230 1,010,104 1,021,251 1,033,292 1,043,501 1,052,199 1,061,197 1,069,158 1,081,948 1,096,637 Average Daily Population 1647 1660 1648 1612 1521 1566 1555 1481 1577 1498 1570 1576Incarceration Rate (per 100,000 pop.) 165.0 165.3 163.2 157.9 147.2 1.0 147.8 139.5 147.5 138.5 143.1 137.8JURISDICTION INCARCERATION RATE PER 100,000US 231State of California 214Contra Costa County 143DRAFT ONLY0,00,0DRADRAFTFT ONLRFTRFTFTOLRRAFTFTFTFT OOONLLDRRA006,104 1,021,251 161261215.2
54Contra Costa County California | Section F | Local Trends and CharacteristicsProjectionsVersion 2 | 08.13.2015ProjectionsOverall Contra Costa County has been very effective in keeping its incarceration rate low through diversion and alternatives to incarceration. The crime rate has been steady over the past 10 years as has admissions to the detention system. Over that same time period, the population growth of the County was steady but slow. It is anticipated that the County will continue to have success in keeping its incarceration rate low however, the rate of population growth over the next 20 years is expected to double compared to the previous 10 years. For that reason, the need for capacity will increase to keep up with population growth. By 2019-2020 it is projected that the County’s detention system will require a total of 1,945 beds. By 2035, 20 years from now, the bed needs for the County will be 2,237 or an additional 258 beds over the system’s current capacity. Table 23: Projected ADP Based on Incarceration Rate and Projected Population*Capacity need accounts for peaking and classification/separation needsSource: Contra Costa Sheriff Office2015 2020 2025 2030 2035 2040 2045Projected County Population 1,108,963 1,166,670 1,224,372 1,281,561 1,341,741 1,398,796 1,456,840 Avg Incarceration Rate (2008-2014) 145 145 145 145 145 145 145PROJECTED ADP 1608 1692 1775 1858 1946 2028 2112Capacity Need* 1849 1945 2042 2137 2237 2332 2429DRAFT ONLYwill be will bT ONLONLYYNNLYYYYONNL20402061,456,840 1455
Version 2 | 08.13.2015OverviewThe Board of State and Community Corrections performed a biennial inspection of the Contra Costa detention facilities in 2014 for compliance with Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. Per Title 15, Section 1027 – Number of Personnel, the BSCC observed that there are sufficient personnel on duty at all times (whenever there is an resident in custody) to ensure the implementation and operation of all programs and activities required by these regulations. GThe Adequacy of Staffing LevelsDRAFT ONLYt persot perstody) to ensurestody) to ensnd activities required bnd activities required b
56Contra Costa County California | Section G | The Adequacy of Staffing LevelsOverviewVersion 2 | 08.13.2015DRAFT ONLY
Version 2 | 08.13.2015A number of factors influence the ability of jail staff to properly supervise activities in the County’s jail facilities. Primary among those factors is the physical design of the facilities. Additionally, adequate staffing, classification, and medical and mental health issues affect how custody staff supervise residents. Being unable to provide adequate visual supervision can have serious consequences for staff and resident safety as well as for the protection of the public at large. An operational analysis of the Contra Costa jail system revealed a number of very serious issues that inhibit staff’s ability to provide good visual supervision.HThe Ability to Provide Visual SupervisionDRAFT ONLYnalysis of the Contra Conalysis of the Contra Cssues that inhibit staff’sues that inhibit staff’
58Contra Costa County California | Section H | The Ability to Provide Visual SupervisionMartinez Detention FacilityVersion 2 | 08.13.2015Martinez Detention FacilityThe MDF serves as the central resident reception and release area for the County’s jail system. The angular design of the resident reception area makes visual supervision of the open seating, and other areas, very difficult. Structural concrete pillars are located throughout significantly hindering the ability of custody staff to visually supervise arrestees waiting for processing. Additionally, there is scant dedicated room to store equipment or required appliances which further exacerbates the visual sight line problem. The recently remodels within the intake area improved safety for staff assigned there. Work included expanding the deputy work area and moving the nurse’s stations behind the intake counter, where they were previously out in the open, thereby addressing safety and HIPPA issues. The remodel also upgraded the security cameras, which now record video. In the MDF housing areas it is exceedingly difficult to provide adequate visual supervision due to the preponderance of structural concrete pillars and the angular design of the units. Both of these issues impede visual sight lines. These design problems allow residents to engage in mischief or violence outside the view of custody staff stationed in the housing module. Additionally, normal routine tasks on each shift distract custody staff from the visual supervision of residents. The only way to mitigate this design problem is to add staff in each housing unit on every shift. Staff have adjusted to the new resident profile and double bunking of the units by limiting the number of residents in the dayroom spaces and limiting the amount of time they are allowed to roam about the dayroom. The poor visual supervision, attendant with the design of the facility, alters the way staff interacts with residents, inasmuch as staff is, and has to be, more sensitive to officer safety concerns.The long hallway leading to cells in the high security area of the MDF illustrates a further design problem that inhibits good visual supervision. This area holds the most violent people and others in need of extra supervision and protection via, in large part, good lines of sight, which like in other units are severely impeded.Figure 37: The typical housing unit is irregularly planned and has large structural concrete columns throughout making supervision from one point impossible.Figure 38: The officers station in a typical housing unit has countless blind spots and no view at all to much of the mezzanine level.DRAFT ONLYras, whras, wFigure 37:urThe typicalThe typicacrete columns throughe columns throug
59Contra Costa County California | Section H | The Ability to Provide Visual SupervisionMartinez Detention FacilityVersion 2 | 08.13.2015Figure 39: Conditions in the recently remodeled Reception & Release area are still crowded and present line-of-sight challenges throughout.Figure 40: The control room at the indirect supervision Maximum Security “separation” pod with 3 units has extremely limited lines of sight.Figure 41: The view to the open seating area from the officers station in Reception & Release is partially obscured by a large structural column.Figure 42: The complex angular layout of Reception & Release makes it impossible to supervise from one location.AFT ONLYe stillllFigure FigureRelease is pRelease is
60Contra Costa County California | Section H | The Ability to Provide Visual SupervisionWest County Detention Facility Version 2 | 08.13.2015West County Detention Facility The issues with visual supervision at the WCDF, while similar to those at MDF, are less critical due to the lower security level of the residents housed there and the lack of overcrowding that plagues the MDF. The WCDF has a large resident reception and staging area. While the sight lines and space is better for visual supervision here than in MDF, the personnel and operating costs associated with the optimal use of this area are currently prohibitive. Like the MDF’s, the WCDF’s design includes resident dress out areas that provide for resident privacy. The level of privacy provided is antithetical to good jail management. As a general rule, custody staff should never be in a position where they cannot visually supervise the resident population all the time.The housing units at WCDF offer slightly improved visual sightlines over those at MDF due to more open floor plans. However, as with MDF, WCDF is also plagued by a design that includes large diameter exposed concrete pillars throughout the units prohibiting adequate visual supervision. This difficulty is exacerbated by the irregular and angular design of the housing areas. The double perimeter fence at WCDF provides for good visual observation and security of the perimeter of the facility complex. Rather than rely on a stationary security station, the facility uses a roving patrol vehicle to provide visual supervision of the exterior of the WCDF.Figure 43: The Reception & Transfer area at WCDF is modern, open and offers an acceptable degree of line of sight throughout.Figure 44: Housing units have some of the sight line issues endemic at MDF but are less of an issue in the medium security environment.DRAFT ONer those at MDF er those at MDF y a designa design Figure 43: urThe RecepThe Recepeptable degree of line oble degree of line
61Contra Costa County California | Section H | The Ability to Provide Visual SupervisionWest County Detention Facility Version 2 | 08.13.2015Figure 45: Detainee movement within the medium security open campus is controlled and monitored throughout both by staff and control fences and cordoned program clusters.Figure 46: The open detainee waiting area at Reception & Transfer is clearly visible from the staff station.Figure 47: While not optimal due to unit layout and badly situated structural columns, the staff station at a typical housing unit offers better line-of-sight than at MDF.Figure 48: The “bubble” women’s sub-unit at the co-ed housing unit is problematic in terms of sight lines and visual interaction between male and female residents.AFT ONLYcontrolled androlled and sters.s.Figure Figurethe staff stathe staff s
62Contra Costa County California | Section H | The Ability to Provide Visual SupervisionMarsh Creek Detention Facility Version 2 | 08.13.2015Marsh Creek Detention Facility The MCDF was designed, and continues to serve, as a minimum security facility. While it is old, it is in reasonably good repair and is appropriate for the classification of people housed in it. The issue of sight lines is not generally a concern as the resident population does not require the constant direct visual supervision required by the higher security facilities in the County. The campus itself is based upon an “honor farm” model and is thus composed of a variety of small buildings scattered, campus style, over a fairly large security fence-enclosed compound. Residents generally have free movement within the secured grounds, with signage denoting those areas considered to be “off-limits.” According to facility staff, the layout and composition of the campus do not pose a threat to its safe operation.Figure 49: While more open than units at MDF, the housing units still have many blind spots, especially at the mezzanine levels.AFT ONLY
63Contra Costa County California | Section H | The Ability to Provide Visual SupervisionMarsh Creek Detention Facility Version 2 | 08.13.2015Figure 50: MCDF is an open “honor farm” type campus offering free-walk to a variety of buildings throughout the campus within a medium security perimeter.Figure 51: The dining hall is also used for non-contact visitation to keep necessary staffing at a minimum.Figure 52: The dormitories are bright and open, but not designed for full visual supervision. They are appropriate for this level of custody.Figure 53: Open recreation yards and other program spaces are located throughout the campus. There is no single point within the campus from which staff can monitor resident movements.AFT ONLYa varietyriFigure Figuresupervisionsupervisio
64Contra Costa County California | Section H | The Ability to Provide Visual SupervisionMarsh Creek Detention Facility Version 2 | 08.13.2015DRAFT ONLY
Version 2 | 08.13.2015OverviewThe Custody Services Bureau (CSB) of the Contra Costa County Office of the Sheriff maintains records on individuals entering into the County detention system. The CSB shares information with authorized criminal justice agencies and also provides monthly counts regarding the detention system population (see appendix Xfor a sample form) to the Board of State and Community Corrections. The County currently collects and stores information in its Jail Management Software System (JMS). Information collected from individuals at the time of booking/admission includes:•Name• Date of birth•Address• Gender•Race•Arresting Agency• US citizen or non-US citizen•ChargeMedical records on residents are kept by Contra Costa Health Services Department (HSD), which provides direct medical and psychiatric to patients. Consistent with HIPAA regulations, HSD does not share incarcerated people’s protected health information with the Contra Costa County Office of the Sheriff. HSD does provide anonymized, aggregate data (such as is included in this JNA) to the Contra Costa County Office of the Sheriff. Observations The County’s Jail Management System is both outdated and of limited capacity and utility. Built on an obsolete technological platform, it serves primarily as a mechanism to establish and manage residents’ security classifications (such as high security, medium, administrative segregation, protective custody). It is not capable of aggregating information from multiple sources, nor does it provide the ability to track an individual’s needs for or participation in programs and services. Therefore, the JMS is unable to provide reliable or comprehensive information, efficiently produce reports, or correlate data to support analysis. For example, nearly all of the data gathered for this JNA required manual aggregation and analysis, an extremely time consuming process. In its current state, the JMS provides very little benefit to the Contra Costa County Office of the Sheriff and the complex systems that intersect in the County’s detention system. RecommendationsData-informed decision-making is a hallmark of efficient complex systems, including detention systems. It is therefore recommended that the Contra Costa County Office of the Sheriff install a robust, integrated, and HIPAA-compliant JMS that would provide real-time data collection, output, and analysis. This would allow the County and the Contra Costa County Office of the Sheriff to compile integrated and comprehensive information benefiting all relevant agencies, detention staff, and incarcerated people in multiple realms by streamlining housing and classification policies and protocols, mitigating operational barriers that affect access to appropriate behavioral and medical care, providing readier identification of eligibility for programs (CAF, pretrial services, etc.) that can reduce incarceration rates, and facilitating efficient service integration, delivery, and evaluation. IThe Adequacy of Record KeepingDRAFT ONLY) to the) to thently collects and storeently collects and storeSystem (JMS). Informatstem (JMS). Informag/admission includes:/admission incprprth
66Contra Costa County California | Section I | The Adequacy of Record KeepingOverviewVersion 2 | 08.13.2015DRAFT ONLY
Version 2 | 08.13.2015Board of State and Community Corrections (BSCC) Biennial InspectionThe Board of State and Community Corrections (BSCC) conducted the 2012-2014 biennial inspection of the three Contra Costa County detention facilities on May 19-22, 2014. The BSCC inspected the facilities for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. The inspection consisted of a review of applicable written policies and procedures governing the operation of the facilities, a site visit to each jail, and review of documentation to verify practices following written procedures. The inspection noted two issues of non-compliance, both of which relate to the MDF booking area:• Intake holding cells frequently at or exceeding their rated capacities (non-compliance of Title 24, Section 2.2, Holding Cells) • The use of sobering cells as holding cells (non-compliance of Title 15, Section 1056, Sobering Cells)In general, the inspection report opined that the number of holding In general, the inspection report suggested that the number of holding cells (8) at the MDF booking area is insufficient during times of high activity, resulting in overcrowding in the holding cells, in violation of Title 24, Section 2.2, Holding Cells. It further found that, in response to the holding cells, staff sometimes used sobering cells as general holding cells, in violation with Title 24, Section 1056, Use of the Sobering Cell. The Contra Costa County Office of the Sheriff addressed these issues through a policy change directing staff not to use sobering cells except for their intended purpose. Moreover, on occasions when the booking area becomes too crowded, the Contra Costa County Office of the Sheriff increases the number of transportation runs to move people from MDF to WCDF. The inspection report recommended that the County consider expanding booking capacity at the WCDF in lieu of expanding the booking area at the MDF. MDFThe report notes that the facility was originally constructed in 1980 under the 1976 Title 24 Regulations and portions of the jail have been remodeled, double bunked, or rated under less restrictive 1988 and 1994 standards. Current rated capacity is 695. WCDFThe WCDF was constructed in 1991 under the 1988 Title 24 Regulations. The jail has been remodeled and some cells are now under the 1988 and 1994 regulations. Most cells have been double bunked under the less restrictive 2001 Regulations and the total rated capacity is now 1,096. No issues of non-compliance were found. MCDFThe MCDF was originally constructed in 1937 and has been remodeled several times. It currently has a rated capacity of 188. No issues of non-compliance were found. JA History of the Systems Compliance with StandardsDRAFT ONLYe inspee insnd procedures nd procedursit to each jail, and revisit to each jail, and revg written procedures. written procedures. -compliance, both of wmpliance, both of wrere1
68Contra Costa County California | Section J | A History of the Systems Compliance with StandardsContra Costa County Grand Jury Inspection Report - 2014Version 2 | 08.13.2015Contra Costa County Grand Jury Inspection Report - 2014The Contra Costa County Grand Jury is required by California Penal Code 919(b) to conduct inspections of the detention facilities in Contra Costa County. The latest Grand Jury report was issued on May 29, 2014. The Grand Jury noted that the MDF design does not include classrooms and counseling areas, as a result of which its residents have little access to rehabilitative programs. The report notes that without access to an array of rehabilitative programs, such as is available at the other facilities, persons “may be less likely to re-enter society successfully.” Moreover, the report reported that “The West County and Marsh Creek facilities have adequate resources to support the rehabilitative model but the Martinez facility does not.” Local InspectionsIn addition to the biennial inspection by the BSCC, annual inspections are required by the County Health Officer and the Fire Marshal pursuant to Health and Safety Code sections 101045 and 13146.1 respectively. Fire InspectionThe local fire marshals with jurisdiction inspected the detention facilities on the dates listed below, issuing fire clearances for each.• MDF: 3/6/2014•WCDF: 6/19/2013•MCDF: 6/12/2013Health InspectionsThe Contra Costa County Health Department conduct regular health inspections, reviewing the medical, nutritional, and environmental health policies and procedures and inspecting practices. All concerns noted in the inspections were then corrected. The following table notes the dates of inspection or the date of the completion of corrections.MEDICAL/MENTAL HEALTHENVIRONMENTAL HEALTHNUTRITIONAL HEALTHMDF 2/18/2014 4/22/2014 4/22/2014WCDF 2/18/2014 4/10/2012 4/22/2014MCDF 11/18/2013 4/11/2014 4/22/2014Table 24: Dates of inspection or the date of the completion of corrections.DRAFT ONLYut the Mut theTheThreviewing treviewinand inspecting prad inspecting pre following table notes te following table notes onsnsction or thtion or
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70Contra Costa County California | Section K | Any Unresolved IssuesLocal InspectionsVersion 2 | 08.13.2015DRAFT ONLY
Version 2 | 08.13.2015Table 1: Travel Times to Facilities 07Table 2: WCDF - Monthly Batteries & Assaults 11Table 3: Martinez Existing Facility Unit-Bed Count 12Table 4: WCDF - Existing Facility Unit-Bed Count 18Table 5: WCDF Reentry, Treatment and Replacement Housing Project - Existing Facility Unit-Bed Count 18Table 6: MCDF - Existing Facility Unit-Bed Count 21Table 7: Number of Resident and Capacity Utilization 25Table 8: Gender Distribution 26Table 9: Classification Distribution 27Table 10: On Probation or Parole at Time of Arrest 27Table 11: MDF - Legal Status and Most Serious Crime 28Table 12: MDF - Male Classification 28Table 13: MDF - Male Population Legal Status and Alos 29Table 14: WCDF - Legal Status and Most Serious Crime 29Table 15: WCDF - Male Classification 30Table 16: WCDF - Women Classification 31Table 17: “MDF Only” Criminal Charges (54) 35Table 18: Contra Costa County Historical Population 47Table 19: Contra Costa County Projected Population 48Table 20: Felony Crimes 49Table 21: Historic Incarceration Rate - Detainees per 100,000 Population 53Table 22: 2014 Incarceration Rate Comparison 53Table 23: Projected ADP Based on Incarceration Rate and Projected Population 54Table 24: Dates of inspection or the date of the completion of corrections. 68List of Tables26277
Version 2 | 08.13.2015List of FiguresFigure 1: Aerial view of Contra Costa County showing facility locations 07Figure 2: Exterior view taken shortly after construction completion. 08Figure 3: Aerial view of Martinez Detention Facility in downtown Martinez. 09Figure 4: Aerial view of the MDF facility. 09Figure 5: MDF - Unit Overcrowding Diagram 10Figure 6: Diagram showing approximate obstructions to line-of-sight in typical living unit 11Figure 7: Martinez Detention Facility 1st Floor Plan 13Figure 8: Martinez Detention Facility 2nd Floor Plan 14Figure 9: Martinez Detention Facility 3rd Floor Plan 15Figure 10: Martinez Detention Facility 4th Floor Plan 16Figure 11: Aerial view of West County Detention facility. 17Figure 12: West County Detention Facility Site Plan 19Figure 13: Exterior of MCDF Administration Building. 20Figure 14: Aerial campus view with building labels 20Figure 15: TBD 24Figure 16: TBD 24Figure 17: Age Distribution 26Figure 18: Length of Stay Distribution 26Figure 19: Sentenced vs. Presentenced 27Figure 20: MDF Male Age Distribution 29Figure 21: WCDF Male Age Distribution 31Figure 22: WCDF Male Length of Stay Distribution 31Figure 23: WCDF Female Age Distribution 32Figure 24: WCDF Female Length of Stay Distribution 32Figure 25: Contra Costa County Office of the Sheriff Classification Point System 34Figure 26: Contra Costa County Historical Population 47Figure 27: Contra Costa County Projected Population 48Figure 28: Felony Criminal Offenses 49Figure 29: Total Felony Offenses 49Figure 30: Total Misdemeanor Offenses 49Figure 31: Average Monthly Admissions 50Figure 32: Average Daily Population 50Figure 33: ADP by Facility 51Figure 34: MDF ADP Versus Capacity 51Figure 35: AB109 Commitments and Holds 52Figure 36: Custody Alternative Facility - Average Daily Census 52Figure 37: The typical housing unit is irregularly planned and has large structural concrete columns throughout making supervision from one point impossible. 58Figure 38: The officers station in a typical housing unit has countless blind spots and no view at all to much of the mezzanine level. 58Figure 39: Conditions in the recently remodeled Reception & Release area are still crowded and present line-of-sight challenges throughout. 59Figure 40: The control room at the indirect supervision Maximum Security “separation” pod with 3 units has extremely limited lines of sight. 59Figure 41: The view to the open seating area from the officers station in Reception & Release is partially obscured by a large structural column. 59Figure 42: The complex angular layout of Reception & Release makes it impossible to supervise from one location. 59DRAFT ONLY13131414Figure 34:igure 3 MFigure 35:gure 35: AB109 Comm AB109 CommCustody Alternativustody Alternat
Version 2 | 08.13.2015Figure 43: The Reception & Transfer area at WCDF is modern, open and offers an acceptable degree of line of sight throughout. 60Figure 44: Housing units have some of the sight line issues endemic at MDF but are less of an issue in the medium security environment. 60Figure 45: Detainee movement within the medium security open campus is controlled and monitored throughout both by staff and control fences and cordoned program clusters. 61Figure 46: The open detainee waiting area at Reception & Transfer is clearly visible from the staff station. 61Figure 47: While not optimal due to unit layout and badly situated structural columns, the staff station at a typical housing unit offers better line-of-sight than at MDF. 61Figure 48: The “bubble” women’s sub-unit at the co-ed housing unit is problematic in terms of sight lines and visual interaction between male and female residents. 61Figure 49: While more open than units at MDF, the housing units still have many blind spots, especially at the mezzanine levels. 62Figure 50: MCDF is an open “honor farm” type campus offering free-walk to a variety of buildings throughout the campus within a medium security perimeter. 63Figure 51: The dining hall is also used for non-contact visitation to keep necessary staffing at a minimum. 63Figure 52: The dormitories are bright and open, but not designed for full visual supervision. They are appropriate for this level of custody. 63Figure 53: Open recreation yards and other program spaces are located throughout the campus. There is no single point within the campus from which staff can monitor resident movements. 63DRAFT ONLYtedtedunit616
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