HomeMy WebLinkAboutRESOLUTIONS - 09111990 - 90/597THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
PASSED BY THE BOARD ON September 11, 1990 by the following vote:
AYES: Supervisors McPeak, Torlakson and Fanden
NOES:None
1
ABSENT: Supervisors Powers and .Scl-ir oder
ABSTAIN: None
RESOLUTION NO.: 90/597
SUBJECT: Contract with the .California Board of Corrections for grant funds
Proposition 16 and 52) to expand and upgrade detention facilities at
Martinez and Marsh Creek.
The Board of Supervisors of Contra Costa County RESOLVES that:
A. The chairperson of the board of supervisors is authorized to sign the
attached grant contract, any amendments, or extensions between the County
of Contra Costa and the California State Board -of Corrections for the
expenditure of $ 4,972,575 state and $ 1,657,525 county funds for the
construction of improvements at the Martinez Detention Facility and the
Marsh Creek Detention Facility.
B. Appoints Terry Mann to act as fiscal officer for the project.
C. Appoints George Roemer to act as project manager.
D. Appoints Gerry MacClelland to act as contact person for the project.
E. Has appropriated the necessary funds for the project.
F. Certifies that the board of supervisors has reviewed a) the staffing plan
of the proposed facility; b) an analysis of anticipated operating costs;
and c) written comments of the sheriff on the staffing plan and operating
cost analysis.
G. Certifies that the county has complied with the master siting plan
requirements.
CERTIFICATION AND VERIFICATION
I certify that the foregoing is a true and correct copy of a resolution and
acceptance duly adopted and entered on the minutes of this Board's meeting on
the above date. I declare under penalty of perjury that the foregoing is true
and correct.
Dated: Sq_ teMber 11, 1990 PHIL BATCHELOR, Clerk of the Board
at Martinez, California of Supervisors and County Administrator
ByBJ Lc •
Deputy Clerk
Originator: Office of the County Administrator
Justice System Programs
cc: Sheriff-Coroner
Auditor-Controller
Justice System Programs, CAO
GSD Accounting
RESOLUTION N0. 90/597
M4P0511106 52
NORD Of CORRECTIONS CONTRACT FACE SKEET C G y
The Board of Corrections hereby Bakes an sward of funds to the County of
Contra Costa hereinafter designated as the certified applicant in
the amount and for the purpose and duration set forth herein, under the provisions of the County
Correctional facility Capitol Expenditure fond Act of 1966, as implemented in Chapter 1519 of the
Statutes of 1966, and as codified in Sections 4475 through 4495, Title 4.7, California Penal Codc.
1. Project Title and Summary: Remodel and expansion of the Marsh Crpek And MartinP7,
Detention Facilities
2. Applicant County: Contra Costa 4. Type of Project:
Contact Person: George Roemer, Director Equipment
Q] Renovation
Justice System Programs New Construction
Title)
651 Pine Street, Eighth Floor S. Project Duration:
Address)
Martinez, CA 94553 Start: 1986 End: _]991
Telephone: ( 415 ) 646-4853 6. Project Costs:
3. financial Officer: Terry Mann State S 4.972.575 75
General Services Fiscal Officer Co.Nard S 1.657,525 25 X
Title)
1220 Morello Ave. , Suite 201 to.Sof t S 0 0 X
Address)
Martinez, CA 94553 Other S 0 0 X
Telephone: ( 415 ) 646-2242 TOTAL S 6,630, 100 100 X
The certified applicant hereby signifies acceptance of this award and agrees to administer the project
in accordance with the terms and conditions set forth in or incorporated by reference in this award and
the applicable provisions of the Penal Code sections identified above.
Signature. Chii rson Norms Phillips Lammers. Executive Officer, or Designee
Board of Supero«,,
yo
rs,,,, Soard of Corrections
Attest: P1L1 Batd-el ', Clerk of the Boerd
C1I Vl-9C1r5 BI'II Wlllty tX Date:
Bate'Seat 11, 1990 by LijIity
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0588
i_ BOC/Ji'C
SMM OF CALTFCF3ITA
OOUNTY CIAL FACQLT'Y CAPTEAL FUND
GRANT CCHIRMT ffiWM 'M
STWEE BDARD OF G'IZCtZS
AND
Contra Costa County
This grant contract is made this 11th day of September , 19-2-04,
bebkieen the State of California, acting by and throuc h the State Board of
Corrections, hereafter referred to as the "Board" and
Contra Costa
a county duly organized, exi.stirig and acting pursuant to the laws of the
State of California, hereafter referred to as the "Grantee,"
1. This grant contract is authorized by Penal Code Sections 4475
through 4495.
2. The Grantee has made application for a grant for the project
hereafter described and has been determined by the Board to
be eligible for state furdiing pursuant to Penal Code Sections
4475 thraxjh 4495 and Title 15, California Code of
Regulations, Section 500, et seq. ; and
3. The Board has authorized grant ftuxiing of the project
hereafter described in an amount not exceeding:
Four million nine hundred seventy-:two thousand five hundred
seventy-five dollars 4,972,575
2,338,176 - Proposition 52)
NW 7BEFUMCM, the parties agree as follow: 2,634,399 - Proposition 2/16)
SDCTICN 1. PRa= EESCR=CN.
The project shall be )mown as Remodel and expansion of the Marsh Creek and
Martinez Detention Facilities
The project generally consists of the remodeling of F- and M-modules at
the Martinez Detention Facility to expand the clinic and housing for inmates
requiring medical and mental health care, and upgrade the Marsh Creek Detention
Facility by constructing three 120 bed housing buildings, installing a laundry
and upgrading the facility's wastewater system.
1-
SEMCN 2. IN ATICN OF DOGUMERIS AMID GPANM COMM17MOM.
MAs contract incorporates the following its:
A) Mbit A, Project Description and Budget
B) Exhibit B, Gant Contract Standard conditions
C) Exhibit C, Nwdis=i3itination Clause
D) Title 15, California Code of Regulations, Section 500, et. seq.,
is incorporated herein by reference,
E) Title 24, California Code of Regulations, Local Detention
Facilities Section, is incorporated herein by reference, and
F) Upon their completion, final architectural drawings and
specifications approved by the Board or any changes approved by
the Board are incorporated herein by reference and made a part of
this contract.
In the event of any inconsistency in the grant contract documents, except
as otherwise provided herein, the inoonsistency shall be resolved by
giving precedence in the following . order: 1) the Grant CorA act; 2)
Mbit A; 3) Exhibit B; 4) Title 15 arra Title 24; 5) Exhibit C; and"6)
final architectural drawings and specifications.
Grantee accepts and agrees to ccuply with all tens, provisions,
am ditions and oaRanitments of this grant contract, including all
incorporated documents.
SECTICN 3. GRANT ANCUNT. T Trr*raTTCN CN GRANT AMOUNT.
Subject to all terms and provisions of this contract, the Grantee agrees
to match the grant to an amount which equals 25% of the total grant
contract amc uht. In no event shall the Board be obligated to pay any
amount in excess of $4,972a575 of account of project
costs. Grantee waives any and all claims against the Board and the state
of California on account, of project costs which may exceed the sum of
L 972-575
TICK 4. OF FUNDS.
Grantee agrees that the Board's obligation to pay any sums to the grantee
under any provision of this grant contract is contingent upon the
availability of sufficient funds in the County correctional Facility
Capital Expenditure Fuad, and is subject to .any limitations set forth .in:.
the Cwnty Correctional Facility Capital EgDeniiture Boated Act of. 1986, -or
enacted in the Budget Ac for the fiscal year inwhich the project funds
are appropriated.
SEMI 5. (.OW=C N OF PRO3ECr.
Grantee agrees to proceed expeditiously with, and couplete, the project in
accordance with. the grant application, plans, and specifications as
approved by the Board.
2-
M
MX.TICN 6. GRANTEE'S MMU OF PF4W= CAIS.
Grantee agrees to timely pay wry and all costs eonmected with the project,'
including, without limitation, any and all project costs exoeeding the
Board share of the project costs.
SB=CN 7. IICEMNIFTC ATIQd.
The Grantee agrees to irr1Rwafl the State of California, the Board and
their officers, agents, and employees against and to hold the same free
ani harmless from any and all claims, demands, damages, losses, costs,
expenses or liability due to or incident to the design, canstruction,
operation, repair, maintenance, existence or failure of the project.
SECTION S. 'JERK.
MAs grant eosrtract shall take effect upon the date the Board approves the
grant contract, following its approval or ex+a tian from approval by the
State Department of Finance, and shall remain in effect until the project
is completed in aeoordanoe with teams hereinafter specified or unless
terminated pursuant to applicable conditions of this grant contract.
IN WrmEss THEFmF, the parties have executed this grant contract on the
dates set forth below:
SIAM BOARD OF CIZC S
By:
NORM FHaLIES LMMS, EXWUrM OFFICER,
or DESIGNEE
Date:
GRANTEE"
County of: Contra .Costa
By:
Signature
Nancy C_ Fanden, Chair, Rna d of R++;Pryienre
2&-Rne/Title Attest: Phil Batchelor, Clerk of
Date: SEP I 1 1990 the Board of Supervisors and County Administrator
3- By da___._
Deputy
EXHIBI T "An
PBi1TF CP EESCRIPPICK AND HIDA
Socge of Work
A. Project Description
B. Project Activities
C. Financial Plan
D. Project Master Schedule
E. Smmazy of Project Costs
F. Construction Cost Breakdown
Schedule of Values)
5-
EXH= A
Project Decwiption and Ha3get
A. Project Description
Provide a precise description bf the exact project, or that
portion or phase of a project, to be c oirpleted with these grant
fW-ds and the required county matching funds (i.e. , mmt er of beds
and support activities being fwxled, square footage, etc.) .
Martinez Detention Facility
1. Remodel M-module to expand the facility's outpatient clinic and
space for medical and mental health staff. Inmate housing portion
of the module will be for inmates requiring mental health services.
2. Remodel F- module to convert it from female housing to a medical
housing unit..
3. Provide the following equipment required to serve an increased inmate
population:
a. Convert existing kitchen walk-in freezer to refrigerator.
b. Install 100 gallon jacketed electric kettle
C. Install three 90 lb. washer/extractors
d. Install three 110 lb. gas dryers
Marsh Creek Detention Facility
1. Install three-120 bed minimum security modular housing buildings
240 replacement beds and 120 expansion beds) including related site
improvements.
2. Upgrade and expand the wastewater treatment system including the
replacement of sewer pipes and expansion of septic tanks and leach
fields.
3. Install a laundry in an existing building consisting of two washer/
extractors, two propane dryers, a water heater and modification
to the facility utilities.
A-1
E}iISIT A
Project DBsm iption arld Bu[3get
B.11LrActivities
a
Zhis section grid the followingSection C should outline the
grantee's basic construction management plan. Zhis information
should also highlight the Grantee's contracting procedures
competitive bid or sole source) , management procedtin
It
arxi
techniques that will be employed to moazitor/oontrol the project.
Individuals who are part of the project team and their functions
will also need to be identified.
The modular housing and wastewater treatment projects at Marsh Creek
are complete. The laundry project is under construction, as is the
construction work at the Martinez Detention .Facility (MDF). The first
120 bed dormitory project was managed by the General Services Dept.
The following 240 bed dormitory .project and the wastewater project
were managed by the consulting firm of O'Brien-Kreitzberg and
Associates (OKA) throughout the 1•ife of the projects. The laundry
project is managed by the General Services Dept. which is doing part
of the work with county staff and contracting for the balance. The
MDF remodel is being managed and inspected by OKA. The project
architect for the MDF is The Design Partnership.
The project will be administered in the County Administrator's Office
by the Director, Justice System Programs. County support will be
provided and coordianted by the Project Team, a 14 member group which
represents the following offices and Departments:
County Administrator's Office
George Roemer, Director, Justice System Programs
Carol Kizziah, Criminal Justice Planner
Sheriff's Department
Gerry Mitosinka, Assistant Sheriff
Larry Ard, Chief of Detention
Donna Irwin, MDF Commander
Christine Dean, MCDF Commander
County Counsel
David Schmidt, Deputy Counsel
Community Development Department
Gus Almquist, Environmental Specialist
General Services Department
Terry Mann, Fiscal Officer
Robert Baba, Architect
Gerald.:Bender, Architect
Public Works Department
Robert Frost, Real Property Specialist
Health Services Department
Kathy Johnson, Nursing Supervisor
Myra Sherman, ATq-al Health Supervisor,
EDIT A
Plorject tescriyticn and BXkJetz
C. Financial Plan
In this section, identify the method for securing ratdzing funds
and dates these funds w311 be available. Cash flow projections
need to be included here for expenditure of state funds. These
data should be precise, since they will be used for scheduling the
sale of bonds.
COUNTY FUNDING
Appropriated General Funds: 1,940,603
Appropriated Criminal Justice Funds: 486,175
Total 2,426,7.78
Appropriated funds are intended to cover the County's match as well
as project costs defined by the State guidelines as 'ineligible project
costs. ' )
PROJECT BOARD OF CORRECTIONS REIMBURSEMENT SCHEDULE
1990 October 4,218,000
November 45,000
December. 45,000
1991 January 122,000
February 200,000
March 160,000
April 70,000
May 88,000
June 24,575
Total 4,972,575
A-3
E}HffiBIT A
Project Der ,rilticn and Budtet
D. Project Master Schedule
In this section, provide an actual, approved construction schedule
for the cmpletion of the work. phis schedule should indicate
elements and duration of the project.
MARSH CREEK DETENTION FACILITY
Dorms B and C: Completed Oct. 1987
Dorms D, E, F, and G:Completed Feb. 1989
Wastewater Treatment Facility:Completed June 1989
Laundry - "Construction Start: March 19.90
Estimated Completion: October 1990
MARTINEZ DETENTION FACILITY
Construction Contract Award July 16, 1990
Notice to Proceed) Aug. 6, 1990
Mobilization Complete (9 weeks) Oct. 8, 1990
F-Module substantially complete (6 weeks) Nov. 19, 1990
M-Module substantially complete (9 weeks) Jan. 21, 1991
Project complete (2 weeks) Feb. 4, 1991
A-4
EKE= A
Project Descrivtion and 5U3et
E. Slaty of Project Costs
PPDITB= BUDQ''
State
Hard Soft .
1. Site Acquisition xxxxx xxx IXX}QIXxxx' 0
Based on actual acquisition
cost or fair market value*)
2. Needs Assessment S}IXX}C}IXX}IX 0 0
3. Architectural 474,836 0
Pre-architectural design
through project ccupleticn)
4. EIR Preparation Costs IXX}CfIX}Q4C SXK DOC= 0
5. Construction Management X} X( 236,740 0
6. Transition Planning 0
7. County Management and
Administration DIXX}DIX}IX 0
8. Construction and Equipment 4,972,575 945,955 , 0
Breakdown of costs attached)
9. other XXXXX XXX 0 0
E 4,972,575 1,657,525 6,630,100
If "fair market value" is claimed, attach resolution Erten the cLu ty board of
supervisors certifying the value.
A-5
EMU= A
PF4WB= EME MMOR AMID HJDG
F. Cmisb=ticn Cost ft-eala9own (Schedule of Values)
CCUM'Y: Sept. 11, 1990
PRaJBCr EIRE=:. George Roemer
Classification of Cost's
Me following divisions reflect major cost areas for construction projects
as identified by the Construction Specification Institute. Zee subtotal
presented for each division is to reflect the total costs attributable to
that division. Within each division, identify the sub-elements such as
work, materials, etc., that are to be prvvided/om pleted for your project.
Meese costs represent engineering estimates of the anticipated costs for
each sub-element. Any dvinges Heist comply with the administrative
pyre governing intrabudget transfers.
Division Costs
Division 0 — Heading and Contract i remnant S
tion Costs 2.250
Advert siM Costs 50
2.300
Division 1 — General >;
Dorms B & C
Dorms D, E, F, & G 765,140
Wastewater Treatment 95n59
MDF 15Ynnn
Laundry 690
527,881
A-6
Diyisian Costs
Divi si,n 2 — SitM Work and ar piryg
Dorms 8 & C. 43,078
Dorms D, E, F, & G 452,504
Wastewater 553,504
Laundry 473
MDF (Demolition)68,751
1,117,872
MSic n 3 -- Cute
Dorms B & C 62,271
Dorms D, E, F, & G. 100.000
Wastewater 43,977
Laundry 10,125
216,373
Divisiaci '4 •— Ma-so ry
0
A-7
Division C06-ts
AM 5 -- Meta is
Dorms B & C 1771593
Dorms D, E, F, & G. 4801000
MDF 37.830
Laundry 896
696,319
Division 6 -- Wciad and Plastic
Dorms B & C 9),466
Dorms D, E, F, & G. 129.000
MDF 34.9Q3
263,369
Division -7 -- qv-1 and Maims
Proteaction
Dorms B & C RR Ogg
Dorms D, E, F, & G. 75 000
MDF L-2.L7
164,775
A-8
r
Division Costs
Division 8 — Dw s and Wirxk)ws
Dorms B & C 30,893
Dorms D, E, F, & G. 110,000
MDF 65,481
Laundry 2,300
208,674
Division 9 — Finisheshes
Dorms B & C 110.945
Dorms D, E, F, & G. 313.000
MDF 167.439
Laundry 1.607
592,991
Division 10 — Specialties
Dorms: Toilet Partitions & 44.303
Accessories
Inmate Lockers
Fire cabinet - signs 2„ oj 0 _
Chaulk boards 1,200
83,003
A-9
Division costs
Division 11 — Daui ertt
Dorms: Life safety 17,123
Cleaning 20,327
Locks 3,987
MDF: Kitchen 32,320
Laundry 59.415
Telephone 5.000
MCDF: Laundry 23,650
161,822
Division 12 — F11L71?-Stli t
Dorms - inmate furnishings 154,649
MDF - clinic furnishings 4R,000
202,649
Division 13 gMi.al Omwtructicn
0
A-10
Division Costs
Division 14 S`ystls
MDF: Dumbwaiter 7n,-RA4
ter----
20,864
Division 15 — Mechanical
Dorms B & C 197•S
Dorms D, E, F, & G A55nnn
Wastewater Treatment 775 426
MDF 196215
Laundry 7 577
1,027, 153
Division 16 — Flectric al
Dorms B & C 49'2
Dorms D, E, F, & G S. Onn
Wastewater Treatment A. 1lA
MDF 7A-nnn
Laundry 14,741
307,349
A-11
Division Costs
Divisign 17
325, 138
ROTE: "Division 17 -- Contingency" shall not exceed 10% of the. total costs of the preceding
divisions. If the contingency is reimbursed by state funds, .this category will be
reviewed by the state when the project is 50% complete. The funds remaining in the
contingency category may be reduced to 50% of the balance available and the other 50% .
will be returned to the state for disbursement to other counties.
70M S=OSIS 4,972,575
Zt7I L I OCAL COSTS 45,955
70TAL 00NS1F1=CN EUDCET 5,918,530
A-12
EXHIBIT' 9r
GRANr SALT SIZNEARD 03RDLICIS
11aEX
ARTICLE 1. EEFINITICOIS
ARTICLE 2. PRO= COSTS
ARTICLE 3. -PRLITDL'r OFFICIAIS
ARTICLE 4. GRANTEE'S GE ERAL RESPCNST.RILTTY
ARTICLE 5. GPANrEE ASSURANCES AND COKIrDMUS
ARTICLE 6. PRO TFX,T ACCESS
ARTICLE 7. FLOOD INSURANCE
ARTICLE 8. RlDOORD6
ARTICLE 9. AOCIOUN' rING AND AUDIT RDWTIRIIENTS
ARTICLE 10. REPORTS
ARTICLE 11. DISCRIMINATION BY GRANTEE
ARTICLE 12. CHANGES
ARTICLE 13. WITVMIDING OF GRAN!' DISBURSEMENTS
ARTICLE 14. DISBURSIIMENI'
ARTICLE 15. Z'EErIIN MION
ARTICLE 16. DISPUTES
ARTICLE 17. REMEDIES
ARTICLE 18. WAIWR
ARTICLE 19. AMENEMET'
0588 6- BOC/JPC
EDaD= B
GRANT 0ONIRACr STANMM Q NuanMO S
AMCLE 1. DE2M=CNS
The follaairg term shall have the meaning hereafter ascribed to them
unless the context clearly requires a contrary meaning:
A. "Eligible Project Cost" means, except as otherwise provided,
reasonable arra necessary project costs .actually incurred in
construction of the project which are otherwise eligible for state
assistance pursuant to state laws, rules, regulations, guidelines
and this contract.
B. "Ineligible Project Cost" means all costs which are not eligible
for state funding pursuant to state laws, rules, regulations,
guidelines or this contract, even though incarred by the Grantee,
including those that are determined by the . Board to be
unreasonable or unneoessary costs.
C. "Financial Plan" means arrangements made by the Grantee to finance
its portion of the project cost, including reserves for cash flow
during the construction period.
AMCCE 2. PFCUEC r CATS
A. Project costs eligible for state funding and county mate include,
but are not limited to:
1) Construction of the Board-approved detention facility
project;
2) Fixed equipment items; i.e., heating, ventilation, air
conditioning, plumbing, lighting, communications,
surveillance, security and life/safety equipment as
necessary for the operation of the detention facility;
3) Movable equipment items; i.e., laundry, kitchen, medical, and
other service equipment necessary for the operation of the
detention facility;
4) Fixed furnishing; i.e. , built-in arra permanently-affixed
counters, tables, cabinets, and seats, as necessary for the
operation of the detention facility;
5) Movable furnishing in iruate housing areas;
6) Installation of existing fixed equipment and furnishings as
necessary for the operation of the detention facility.
0588 B-1 BOC/JPC
B. Project costs or items which are ineligible for state funding,
but are eligible as local match contributions shall include:
1) Architectural drawings and specifications, including the
preparation of preliminary plans, contract drawings, and
specifications;
2) Pre-architectural programming;
3) Needs assessment preparation;
4) Site acquisition;
5) EIR preparation costs for full or focused ER's;
6) Reasonable construction management and county ive
staff costs in managing the jail construction project;
7) Sheriff's transition staff.
C. Counties shall be required to provide at least 10 percent hard
match plus up to 15 percent soft match of the eligible project
cost, for a total of 25 percent match.
1) Expenditures eligible as hard match shall include those for:
a) Architectural programming and design;
b) Needs zments prepared by a consultant(s) outside
the county work force;
c) Construction of the approved project, including space
for jail staff conference, training, administration,
showers and lockers, exercise, and lounge;
d) Fixed and movable equipment and furnishings neoessary
for operation of the jail;
e) Site preparation arra reasonable landscaping costs.
f) Construction management;
2) Expenditures eligible as soft match shall include those
defined above as eligible as hard match, plus the
following:
a) Site acquisition costs. (If the site was previously
acquired, soft match credit will be allowed at the
current fair market value of the site.)
0588 B-2 BOC/JPC
b) Needs prepared by county staff. Costs will
be limited to salaries and benefits of staff preparing
the needs assessrent.
c) County management and administrative staff costs limited
to salary and benefits necessary to the jail
construction project. 7hese costs may include
inspection fees and expenses to procure construction
management services to augment county staff. ZYese
enumerated management expenses shall be eligible as soft
match up to a maxi=m of four percent of the project
costs. This four percent rule also includes
constriction management mentioned in C (1) (f) .
d) Sheriff's transition staff costs limited to salary and
benefits necessary to the jail bion project.
e) EIR preparation costs.
3) Zb qualify as match, local expenditures mist be for the
project funded by the Board.
4) Eligible local experditures since July 1, 1979 may be
included as match.
D. Ineligible project costs include, but are not limited to:
1) Items considered supplies, including kitchen utensils,
plates, food trays, etc. ;
2) Fixed or movable administrative, recreational, and program
equipment for other than jail management or operations;
3) Bonus payments for early completion of work;
4) Interest charges for late payments;
5) Personal injury compensation or damages arising out of or
connected with the project, whether determined by
adjudication, arbitration, negotiation, or otherwise;
6) Fines and penalties due to violation of or failure to comply
with federal, state or local laws and ordinances.-
7) Costs outside the scope of the approved project;
8) Interest on bonds or any other form of indebtedness required
to finance project casts;
9) Off-site preparation costs;
0588 B-3 BDC/JPC
10) All costs attributable to county building permit fees and/or
building inspection fees;
11) All costs incurred in violation of the terms, provisions,
conditions or commitments of this contract;
12) All costs arising out of, or attributable to, Grantee's
malfeasance, misfeasance, ent, or negligence;
13) All costs arising out of or oor m cted with ouxtractor claims
against the Grantee, or those persons for wham the grantee
may be vicariously liable, including, but not limited to, any
and all costs related to defense or settlement of such
claims;
14) Jail facilities or portions thereof operated by jurisdictions
other than counties. City, state and federal facilities are
not eligible for funding; and
15) Sheriff's or other criminal justice activities that are not
directly related to the care and custody of inmates.
A MCLE 3. PFC= OFFICIATE
A. The Board's Executive Officer or designee shall be the Board's
representative for administration of the contract and shall have
authority to make determinations and findings with respect to each
controversy arising under or in connection with the
interpretation, performance, or payment for work performed under
this contract. Disputes shall be resolved in accordance with
Article 16 of this exhibit.
B. The Grantee shall appoint a Project Manager. The Grantee's
project manager shall be the Grantee's representative for the
administration of the contract and shall have full authority to
act on behalf of the Grantee. All communications given to the
Grantee project manager shall be as binding as if given to the
Grantee. Any documents required to be submitted to the Board of
Corrections, including but not limited to, quarterly reports and
final summary reports, shall be signed by the project manager.
C. Either party may dmnge its project representative upon written
notice to the other party.
0588 B-4 BOC/JPC
F. Financial Plan
The Grantee agrees to submit a financial plan acceptable to the
Board.
G. Ctzpliance with Dmwings and Specificati ns
Grantee agrees that drawings and specifications, upon which
contracts are awarded, shall be the same as those submitted to and
approved by the Board.
H. Contract FJxP I
1) Grantee agrees to place appropriate language in the
Supplementary Conditions Section of all contracts for work on
the project (see sample supplementary conditions language)
requiring the prime contractor and any subcontractor to:
a) Books and Records. 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 government A mating arra
project management principles and practices. Adequate
supporting documentation shall be maintained in such
detail so as to permit tracing transactions from
support documentation to the accounting records to the
financial reports and billings. Tihese records shall be
maintained for a minimum of three years after the date
of om pletion of the project or the final audit,
whichever is later.
b) Access to Bodo; and Records. Make such books, records,
documents, and other evidence available to the Board, or
its designee or authorized representative, during the
course of constriction and for a minima of three years
after completion of the project or final audit,
whichever is later, arra provide suitable facilities for
access, monitoring, inspection, and copying thereof.
c) on. Not discriminate against eaployees
or against any applicant for employment because of
ethnic group identification, religion, age, sex, color,
national origin, or physical or mental disability.
d) Access. Permit the Board, or its authorized agents, to
have access to the work whenever it is in preparation or
progress and provide that the contractor(s) will provide
proper facilities for access monitoring and inspection.
0588 B-6 BOC/JPC
ARTICLE 4. QiMNIEE'S CSL IMPMSIBIlAW
Grantee is solely responsible for design, constniction, operation, and
maintenance of the project. Review and approval of plans,
specifications, or other docmwnts by the Board is solely for the purpose
of proper administrationmotion of grant funds by the Board and shall not be
deemed to relieve or restrict the Grantee's responsibility.
ARTICLE 5. CP-V E ASSURANCES AMID
A. CL'pliance frith laws, 1 ,laticnaf Etc.
Grantee shall at all times comply with all applicable federal and
state laws, rules and regulations, and all applicable local
ordinances, specifically including, but not limited to,
envirmrnental, procurement and safety laws, rules, regulations,
and ordinances.
B. F111f i 17 matt of Assurances, Decd arae i c ms, Etc.
Grantee shall fulfill all assurances, declarations,
representations, and statements made by the Grantee in the grant
application, documents, amendments, and comminicaticns filed in
support of its request for grant fiends.
C. Use of Grant F1mds
Grantee shall expend all grant furxis solely for eligible project
costs. Grantee shall, upon demand, remit to the Board any grant
funds not expended for eligible project costs or an amount equal
to any dant funds expended by the Grantee in violation of the
terms, provisions, conditions, or cammitments of this contract.
Any grant funds so remitted to the Board shall include interest
equal to the rate earned by the State Pooled Money Investment
Account.
D. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to
complete the project, pay all dmrgw and fees, and give all
notices necessary or incidental to the due and lawful prosecution
of the project work.
E. Site
prior to this contract, the Grantee agrees to provide to the Board
written assurance from the county counsel that the grantee has a
fee simple or such other estate or interest in the site of the
project and rights of access sufficient to assure undisturbed use
and possession of the site.
0588 B-5 BC)C/JPC
2) Grantee assures that for any prime contract awarded by the
Grantee, such insurance (e.g., fire and extended coverage,
workers' canpensaticn, public liability and property damage,
and "all-risk" coverage) as is customary and appropriate will
be obtained. In addition to the matters set ferth in Section
H(1) above, the axitractor shall be required to post payment
and performance bonds, each of which shall be in an amount
not less than 100 percent of the contract price, if the
contract amount is equal to or in excess of the amount for
which payment arra performance boards are required by law or
ordinance.
1. Award of C tot aat
Prnaptly, upon the award of a contract, the Grantee shall advise
the Board of the award and shall supply such information and
documentation as may be required by the Board.
J. Activities and Omp;ance with Schectil i ng
1) Payment ofContractor(s). Tine Grantee shall make payments to
its contractors prnaptly as payments beoome due to such
contractor(s) .
2) Supervision and ?s>spection. The Grantee shall assure that
adequate supervision and inspection of project construction
activities are maintained.
ARTICSE 6. PRO= ACCESS
The Grantee shall insure that the Board, or any authorized
representative, will have suitable access to the project site at all
reasonable times during project construction.
ARTICLE 7. FLOOD INSURANCE
The Grantee shall acquire and maintain any flood insurance made available
to it under the National Flood Insurance Act of 1968, as amended. The
insurance shall be in an amount at least equal to the total eligible
project costs, excluding cost of land and uninsurable improvements, or to
the maximum limit of coverage made available under the National Flood
Insurance Act of 1968 as amended, whichever is less, for the entire useful
life of the project. This condition shall not be applicable if, on the
date of execution of the grant contract by both parties, flood insurance
was not available pursuant to the National Flood Insurance Act of 1968, as
amPmded, for property in the project location. This condition shall not
be applicable if the project location is outside the boundaries of a
special flood hazard area delineated on a Flood Hazard Boundary Map or
Flood Insurance Rate Map which has been issued by the Department of
Housing and Urban Development, Federal Insurance Administration. This
condition shall not be applicable if the total value of improvements
insurable under the National Flood Insurance Act is less than $10,000.00.
0588 B-7 BC)C/JPC
ARTICLE 8. MOM2ffi
A. The Grantee shall establish an official file for this project.
The file shall contain adequate documentation of all actions in
accordance with generally-accepted goveryment. accounting
principles that have been taken with respect to the project.
B. The Grantee shall establish separate accounting records for
receipt, deposit, and of all grant funds as specified
in Article 14.
C. The Grantee shall maintain books, records, documents and other
evidence sufficient to reflect properly the amount, receipt, arra
disposition of all project fuuxds, including Board grant funds and
any matching funds of the Grantee, and the total cost of the
project. Generally-acoepted govenmuent accounting principles and
adequate supporting .doaanentation shall be mai in such
detail so as to provide 'an audit trail with will permit tracing
transactions fran support documentation to the accounting records
to the financial reports and billings. All Grantee records
relevant to the project will be preserved a miniam of three years
after project ampletion or final audit, whichever is later, and
shall be subject at all reasonable times to inspection,
monitoring, copying, arra audit by the Board or its designee or
authorized representative.
ARTICLE 9. ACOXNIDG AMID AUDIT REQUIREKWM
All funds received by the county shall be deposited into separate furl
a000unts which identify the funds and clearly show the mariner of their
disposition. Grantee agrees that audit arra accounting procedures shall be
in a000rdance with generally-acoepted goverrment accounting principles arra
practices (see Accounting Standards and Procedures for Munties,
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. The Grantee further agrees to the following audit
requirements:
A. Audit. Prior to the deposit of grant funds into the
separate account, the Board may require the Grantee to have a
system audit performed by an auditor satisfactory to the Board to
insure that the Grantee's accounting system meets generally-
accepted gwenv ent accounting principles;
B. Interim Audit. the Board reserves the right to call for an audit
at anytime between the execution of this grant contract and the
cmpletion or termination of the project; and
0588 B-8 BOC/JPC
C. Final Audit. Within 90 calendar days of coupletion of the
project, Grantee shall prepare and s gxat to the Board a final
audit report in accordance with generally-accepted goven ent
accounting principle`-, and practices. Such audit shall be prepared
by an auditor satisfactory to the Board. If the comfy auditor
acts as the financial officer for this grant, the county shall
hire, at cotmty cost, an independent auditor to complete the final
audit.
ARTICLE 10. PlUXIU5
The Grantee agrees to submit progress reports in a format specified by the
Board during the course of construction. In addition, Grantee shall
immediately advise the Board of any significant problems arising during
the course of contract work.
Without limitation of the foregoing:
A. agj±p ly Progress Reports. Me Grantee agrees to summit
qrterly progress reports to the Board on the appropriate
documentation form during the term of this contract. The reports
shall include, but not be limited to, review of progress during
the reporting period, charge orders issued, invoices submitted,
and payments made. The quarterly reports must be submitted within
45 calendar days after the end of each quarter. The due dates for
the reports are:
First Quarter — November 15
Seoo d Quarter — February 15
Third Quarter — May 15
Fourth Quarter. — August 15
Not submitting quarterly reports in a timely manner could result
in fund disbursements being withheld.
B. Final Project Summary Report. The Grantee agrees to submit
to the Board a Final Pro]eat S mmmary Report car the
appropriate docamw.ntation form within 90 calendar days of
canpletion of project work. The report shall describe the
finished project arra provide appropriate data and visual
material suitable for public distribution.
ARTICLE 11. MSCRIMINAMICK BY GRAN=
Grantee shall ncit discriminate against any employee who is employed in the
project work or against any applicant for such employment because of
ethnic gra identification, religion, age, sex, color, national origin,
or physical or mental disability (see Exhibit C) .
0588 B-9 BQ7/JPC
AIMCIE 12. C AVMS
Grantee agrees that no substantial ctkvW in project work will be
permitted without prior written approval of the Board of Corrections.
The following types of changes do require prior written approval of the
Board of Corrections:
1) Changes which affect the design or scope of the project or
compliance with minimum jai], standards.
2) Changes which affect security, fire and life safety of the
facility.
3) OuvVes which increase or modify the am=-it of the project
reference, Exhibit A, Project Cost Breakd y*m) subtotals in the
contract.
4) Changes which extend the ccapletion date of the contract.
Other construction change orders may be executed, without prior approval,
in the Contingency Division of the Project Breakdown (ENhibit A) .
AMIC IE 13. WrII MIDIIG OF GRAM
A. The Board may withhold all or an goQ tion of the grant funds
provided for by this contract in the event that:
1) Contract Violations.The Grantee has materially and
substantially breached this contract within the meaning of
Article 15 B.
2) Insufficient The Grantee is unable to
demonstrate, to the satisfaction of the Executive Officer,
continuous availability of sufficient funds to complete the
project.
B. At such time as the balance of state funis allocated to the county
reaches ten percent, the Board may withhold up to that amount as
security. This retention will be released to the county upon
receipt and approval of the final audit and final project summary
report wired in Articles 9 C and 10 B, respectively.
C. If the Grantee utilizes "phased" construction methods, the Board
will sign a contract with the county when it has accepted bids for
a phase of construction which is clearly arra solely for the fund
projects and will er=miber up to the full county allocation.
However, if bids for subsequent phases of the work come in below
application estimates, this contract will be amended to reflect
actual costs.
0588 B-10 BDC/JPC
D. In the event that grant funds are withheld from the Grantee, the
Executive Officer or designee shall notify the Grantee of the
reasons for withholding and advise the Grantee of the time within
which the Grantee may remedy the failure or violation leading to
the withhold.
E. The Board will not reimburse counties for costs identified as
ineligible for state finding in Article 2. If state funds have
been provided for costs subsequently discovered to be ineligible,
the Board may either withhold an equal amount from subsequent
payments to the Grantee or require repayment of an equal amount
to the state by the Grantee. Any grant funds so remitted to the
Board shall include interest equal to the rate earned by the State
Pooled Money Investment Account.
AMCIE 14. DIRMNERr
A. The Grantee shall have two options available for receipt of state
funds. These options are:
1) The Grantee may elect to advance that portion of the funds as
are to be supplied by the state. In such case, the Grantee
shall provide the funds with which to make all payments as
are appropriate and shall apply to the state, at intervals
mutually agreed upon, for reimbursement. The,, Grantee shall
supply the state with the appropriate documentation form(s)
on a monthly basis and certify to the accuracy of the
report(s) in accordance with Board regulations, policies,
and procedures. The Grantee shall further certify that the
expenditures are actual and that all funds were expended for
the purpose of liquidating obligations legally incurred. At
no time shall the cumulative disbursements of state funds
exceed 75% of the cumulative total eligible project expenses.
2) The Grantee may elect to receive payments of the state's
share of eligible costs on a monthly basis. Under this
option, the Board shall process the request for the state's
share of the eligible expenses incurred during the preceding
month. At no time shall the cumulative of
state funds exceed 75% of the cumilative total eligible
project expenses. There shall be a minim=m= of one month
between subsequent grant payment requests.
B. The state will endeavor to issue a warrant for eligible contract
funds under A (1) , or (2) above within 15 days of receipt of
county documentation of eligible contract expenditures. All
requests for payment shall be accompanied by the appropriate
expenditure form and certification as .may be required by the
Board.
0588 B-11 BOC/JPC
Release of funds to the Grantee for payment to their contractor(s)
shall be made only by written authorization of the Board's
Fktec ative Officer or designee and Grantee Project Manager arra
Project Fiscal Officer. In order to release the funds, the
Grantee Project Manager shall prepare an itemized statement of
c oopleted project activities and associated costs, on forms
provided by the Board. Authorization for release of funds shall
be constituted by Grantee's Project Manager, County Auditor or the
Trustee and the Board's Executive Officer or designee signing of
this itemized statement.
C. The Grantee agrees to provide all funds necessary for project oust
overruns.
ARTICLE 15. 24AMCK
A. Mrs contract may be terminated, prior to award (including a
conditional award subject to the sale of bawds to finance part of
the cost of the project) of construction or architectural
contract(s) for the project, by the Board, at its option, where it
appears that there will be lack of state funds available to
fulfill this contract, provided that after such termination, the
Grantee shall be entitled to an amount which equals the eligible
project costs which have been incurred by the Grantee prior to
such termination.
B. This contract may be terminated after award of contract(s) but
prior to ccupletion of the project, by the Board, only upon action
or inaction by the Grantee which constitutes a material arra
substantial breach of this contract. Such action or inaction by
the Grantee includes but is not limited to:
1) Willful disregard of applicable health, fire, and life
safety standards, or, of Title 15, Mininn Standards for
7,ocal Detention Facilities, and Title 24, Local Detention
Facilities, California Code of Regulations.
2) Substantial alteration of the scone of the grant project
without the prior written approval of the Board.
3) Refusal or inability to conplete the grant project in a
diligent manner. Normal construction delays or interruptions
shall not constitute such refusal or inability.
4) Failure to provide the required local share of the total
project costs necessary for project completion.
5) Failure to meet prescribed assurances, commitments, contract,
record accounting and auditing, and reporting requirements as
set forth in Articles 5, 8, 9, and 10.
0588 B-12 BOC/JPC
6) Any other violations) of the grant contract which
significantly impairs the security of the grant funds, or,
the ability of the Grantee to utilize the furled facility for
its intended and authorized purpose.
C. In the event of such termination, pursuant to Article 15 B. above,
Grantee shall, upon notification, refund to the Board an amount
equal to all grant funds previously disbursed .to the Grantee. Any
giant funds so remitted to the Board shall include interest equal
to the rate earned by the State Pooled Money Investment
Account.
D. (1) Prior to terminating any grant contract under the provisions
of Article 15 B, the Board shall provide the Grantee at
least thirty days written notice, statim the reascn(s) for
termination and effective date thereof. M-ie Grantee may
appeal the termination decision in accordance with Article
16.
2) A Grantee may file with the Board a written request that any
prior written notice of termination specified in Article
15 E (1) be provided simultaneously to a third party trustee
or financing surety. The Board shall provide such an
additional notice if, prior to the provision of a termination
notice to the Grantee, the Grantee has filed a written
request with the Executive Officer stating the name, title,
and business address of the third party designated to receive
notice.
E. Nothing in this Article in arty way alters or limits the authority
of the Board to withhold grant funds in accordance with Article
13.
A MCLE 16. DISPEYIES
A. Except as otherwise provided in this contract, any dispute
concerning a question of .fact arising under, or relating to, the
performance of this contract which is not resolved by agreement
between county and Board staff shall be decided by the Board of
Corrections.
A county may appeal on the basis of alleged misapplication,
capricious enforvegnesyt of regulations, or substantial differences
of opinion as may occur concerning . the proper application of
regulations or procedures. Such appeal shall be filed within 30
calendar days of the notification of the action with which the
county is dissatisfied.
The request shall be in writing stating 'the basis for the
dissatisfaction, and the action being requested of the Board.
0588 B-13 BOC/JPC
1) A hearing shall be conducted by a hearing panel designated by
the Chairperson of the Board at a reasonable time, date, arra
place, but not later than 21 days after the filing-of the
request for hearing with the Board,- unless delayed for good
cause. 7 e Board shall mail or deliver to the appellant or
authorized representative a written notice of the time arra
place of hearing not less than 7 days prior to the hearing.
The procedural time 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. notioe of decision within 60 days from the
date of the request for appeal hearing, eft 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.
An appellant may waive a personal hearing before the hearing
panel arra under such circumstances, the hearing panel shall
consider the written information submitted by the appellant
and other relevant information as may be deemed appropriate.
Mie 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 ocupleted, the hearing panel shall
submit a proposed decision in writing to the Board at its
next regular public meeting.
2) Zhe Board, after receiving the proposed decision, may
adopt the proposed decision; decide the matter on the record
with or without taking additional evidence, or, order a
further hearing to be conducted if additional information is
needed to decide the issue.
After the hearing panel's proposed decision is adopted, or an
alternate decision is rendered by the Board, or notice of new
hearing ordered, notice of decision or other such actions
shall be mailed or otherwise delivered by the Board to the
appellant.
3) The record of the testimony, exhibits, all papers and
requests filed in the proceedings and the hearing panel's
proposed decision, shall constitute the exclusive record for
decision and shall be available to the appellant at any
reasonable time for one year after the date of the Board's
notice of decision in the case.
4) The decision of the Board shall be final.
0588 B-14 BOC/JPC
1
B. This clause does not preclude c r ideration of legal questions in
connection with decisions provided for in Article 16 A above,
provided that nothing in this contract shall be construed as
making final, the decision of any administrative official,
representative, or Board on a question of law.
AKrICCE 17. RQMIFS
Grantee agrees that any remedy provided in this contract. is in addition to
and not in derogation of any other legal or equitable remedy available to
the Board as a result of breach of this contract by the Grantee, Nether
such breach occurs before or after completion of the project. In the
event of litigation between the parties hereto arising from this contract,
it is agreed that the prevailing party shall be entitled to such
reasonable costs arI/or attorney fees as may be ordered within the
discretion of the court.
ARTICLE 18. VVQNM
The parties hereto may, from time to time, waive any of their riots under
this contract unless such waiver is contrary to law, provided that any
such waiver shall be in writing and signed by the party making such
waiver.
AMCLE 19. AMENEMENr
This contract may be amended at any time by manual written agreement of
the parties.
0588 B-15 BOC/JPC
MR= "CH
CN QAIM
0588 7- BDC/JPC
SIT C
NONDISCRIMINATION CLAUSE
OCP - 2)
1. DURING THE PERFORMANCE OF TNIS CONTRACT, THE RECIPIENT, CONTRACTOR
AND ITS SUBCONTRACTORS SHALL NOT DENY THE CONTRACT'S BENEFITS TO
ANY PERSON ON TOE BASIS OF RELIGION, COLOR, ETNNIC 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, RATIONAL ORIGIN,
ANCESTRY, PNYSICAL HANDICAP, MENTAL DISABILITY, MEDICAL CONDITION,
MARITAL STATUS, AGE OR SEX. CONTRACTOR SHALL INSURE THAT THE
EVALUATION AND TREATMENT OF EMPLOYEES AND APPLICANTS FOR
EMPLOYMENT ARE FREE OF SUCH DISCRIMINATION.
2. CONTRACTOR 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 1, PART 1, DIVISION 3, TITLE 2 OF THE
GOVERNMENT CODE (GOVERNMENT CODE, SECTIONS 11135-1139.5) AND TME
REGULATIONS OR STANDARDS ADOPTED BY THE AWARDING STATE AGENCY TO
IMPLEMENT SUCH ARTICLE.
3. RECIPIENT, CONTRACTOR AND ITS SUBCONTRACTORS SHALL GIVE WRITTEN
NOTICE OF THEIR OBLIGATIONS UNDER THIS CLAUSE TO LABOR
ORGANIZATIONS WITH WHICH TREY NAVE A COLLECTIVE BARGAINING OR
OTHER AGREEMENT.
i. THE CONTRACTOR SHALL INCLUDE THE NONDISCRIMINATION AND COMPLIANCE
PROVISIONS OF THIS CLAUSE IN ALL SUBCONTRACTS TO PERFORM WORK
UNDER THE CONTRACT.
STD. 178 (NEW 5-83)
BOC Rev. 5-88
0588 C-1 HOC/J'-'C
TO: BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator
DATE: August 27, 1990
SUBJECT: County Correctional Facility Capital Expenditure Fund
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATION ACTION
ACCEPT the staffing plan and projected operating cost report prepared by the
Director, Justice System Programs and the Sheriff-Coroner's review comments.
FINANCIAL IMPACT
The report recognizes ongoing and future costs required to staff existing county
detention facilities which have been expanded or upgraded as a result of State
grant money. These operating costs are authorized annually as part of county
budget. The level of staffing is subject to change based on availability of
general funds and grants as well as operational requirements.
REASONS FOR RECOMPOMATION/BACKGROUND
The State of California has authorized funds for jail capital improvement and
expansion projects (Proposition 16 and 52). The grant is based on matching
funds, up to 757 from the state and the balance from the County. Over the past
several fiscal years, the County has appropriated it's matching portion of the
grant. A requirement of contract execution is the 'preparation of a report
describing the staffing plan for the facilities benefiting from this grant along
with an analysis of anticipated operating costs. The state also requires the
Sheriff's written comments to this report. These written comments and the
report are enclosed.
CONTINUED ON ATTACHMENT: YES Signature: cio
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s)
Action of Board on: 9-11-90 Approved as Recommended X Other
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent =.I & III)" AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
cc: CAO, Justice System Programs Attested: Septe-mber 11, 1990
Sheriff-Coroner Phil Batchelor, Clerk of
the Board of Supervisors
and County Admi 'strator
By: AfAl rs 1, alti
DEPUTY Deputy
BDORD4