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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 AOAOVNI aNCURr11e0e0 PROGAA0raCATE000r r-00C ANO TRLZ,sVND TME S Department of General Services W"ClorwraeRSD aALANCE rDVrroNAL WMI Use Only S AD-0 V*CREAa,NG aNCV"94t,% CE Kar+ CNAWTarr WTATVTE •&aCAL TiwR S AW DECReAYNG aNCVaaw ANCE CGJCCT OP E:raNO.T ICOM AND TTT6M S IIw•rrlay,rrltfyuJxm nnyuun Jr aonaltnuu•IedJ,rthat lRad)!rtedJrandrorr TJ.A ru0 an.NO ra lal,l, J„r flu JrrrndendJN rlr.., of tGrralrnditwrrateirdelrxr a.G•.ATVR[ Or ACCOVNT,M( QIseCER CATc I X 1 Iw'r,dxj nvtaJy Naaat el rvedawnr/or rsrniptwn rt lard,in State Adnunutretrrn•I lanual5rawn 120Y hot.• In-re,ewaaydrr•d Rath and tha,dixTanx at 4 etrnyat from rertru lay rlar[)gwrtnrrnt of Frnarive a+Gh AT tR[ Or rW&rCeR iWON,NG ON ae MAV Of Tr.E AtKNCT DATe X 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