HomeMy WebLinkAbout65A - AGMT - JAIL REUSE STUDYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 4, 2017
TITLE:
AGREEMENT WITH VANIR
CONSTRUCTION MANAGEMENT,
INC. FOR JAIL REUSE STUDY
(STRATEGIC PLAN GOAL NO. 1 5)
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 18' Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute a one -year agreement with
Vanir Construction Management, Inc. for a Jail Reuse Study of the Santa Ana Jail, for the period
of April 5, 2017 through April 4, 2018, in the amount of $103,155, plus an additional project
contingency of $21,845, for a total not to exceed cost of $125,000 subject to non - substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana owns and operates a 512 bed Type 2 Jail facility that is attached to the
Santa Ana Police Department Administrative Building. The Santa Ana jail was opened in 1997
and since that time has offered bed space to local and federal agencies to house detainees. As a
part of the jail operations, the City operates a booking operation for use by Santa Ana Police
Officers. The Santa Ana Jail does not hold or incarcerate any of the local arrestee for felonies at
this facility, rather they are transferred to the County Jail where they are held at no cost to the
City of Santa Ana.
The Santa Ana Jail currently has 97 budgeted employee positions, 70 of which are correctional
officer positions. As part of the City Councils direction to phase out an agreement with
Immigrations and Customs Enforcement (ICE), the largest contract for detainees at the jail, the
City provided options to the City Council on December 6, 2016, which included authorization to
place a maximum number of beds that the City would agree provide to ICE.
Another component of the December 6, 2016, direction by the City Council was to authorized
staff to release a Request for Qualifications (RFQ 16 -143) for a Jail Reuse Study, The Jail Reuse
Study consisted of three elements 1) Reuse of the jail facility, 2) Jail conditions assessment, and
3) Alternatives for detention. The RFQ was released on December 12, 2016 and responses were
due on January 31, 2017. Following discussion on the project budget by the City Council, one
addendum was issued removing the budget section from the RFQ.
The City received two proposals; Vanir Construction Management, Inc. and a collaborative group
consisting of Torti Gallas + Partners, Builders of Hope, Community Initiatives for Visiting
Immigrants in Confinement, and Californians United for a Responsible Budget. An evaluation
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Agreement with Vanir Construction Management, Inc. for Jail Reuse Study
April 4, 2017
Page 2
committee consisting of representatives from the City of Santa Ana included: Jail Administrator,
City Manager's Office staff; and the City of Anaheim Jail Administrator. The proposals were
evaluated based on the following evaluation criteria: Company Experience & Capabilities (30 %),
Approach & Methodology (25 %), Staffing (20 %), Qualifications (20 %), and Cost (5 %).
The proposal submitted by the collaborative group did not meet the minimum qualifications listed
in the RFQ, however, the evaluation was performed for both proposals. The results of the RFQ
evaluation process are as follows:
Vendor
Score
Vanir Construction
Management, Inc.
425
Torti Gallas, et.al.
142
500 point max
Following the completion of the evaluation, the City received a 90 -day termination notice from
Immigration and Customs Enforcement (ICE). This termination notice necessitated the need for
staff to revise revenue and expenditure projections, along with finalizing the agreement for the
Jail Reuse Study. Staff reassessed the scope of work in the RFQ and requested Vanir
Construction Management provide a revised scope of work, accelerated timeline, and cost
proposal. Accordingly, the alternatives to detention and jail conditions assessment have been
removed from the scope of work. The purpose of the alternatives to detention evaluation was to
consider options for a potential release program for immigration detainees, however the City will
no longer house ICE immigration detainees after May 2017. Additionally, the jail conditions
assessment was removed as the consultant will evaluate options at the jail which include
continuing jail operations or potentially no longer operating a Type 2 jail. At the pleasure of the
City Council, a separate conditions assessment may be completed in the future.
The Police Department, in collaboration with the City Manager's Office, proposes to enter into a
one -year agreement with Vanir Construction Management, Inc. The scope of work outlines a four
(4) month estimated completion process, but by awarding a one -year contract, staff may direct
the consultant to perform additional work as needed to complete the Jail Reuse Study.
In addition to the base contract award, staff is requesting a project contingency of $21,845, for a
total not to exceed cost of $125,000. This contingency may be use by the contractor or by the
City to complete the necessary project requirements.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 - Community Safety and
Objective #5, (provide high quality Police and Fire /Emergency Medical Services response within
the City of Santa Ana)
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Agreement with Vanir Construction Management, Inc. for Jail Reuse Study
April 4, 2017
Page 3
FISCAL IMPACT
Funds are available in the Police Department, Jail Operations contract services account (no.
01114475 62300) for the following fiscal years as follows:
01114475 62300
FY 2016 -17 $50,000.00
FY 2017 -18 $75,000.0 0
$125,000.00
ri"", -
Carlos Rojas
Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director !
Finance & Mgt. Services Agency
Exhibit: 1. Vanir Construction Management, Inc. Agreement
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THIS AGREEMENT is made and entered into this 4th day April, 2017 by and between Vanir
Construction Management, Inc., a California corporation ( "Consultant "), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California (hereinafter "City"),
RECITALS
A. On December 12, 2016, the City issued Request for Qualification No. 16 -143, by which it
sought a firm to prepare a Re -Use Plan and Feasibility Study for the Santa Ana Jail.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide the services described in RFQ No. 16 -143 and
attached as Exhibit A.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide those services described in Exhibit A. Consultant's proposal is
incorporated by reference as though fully set forth therein.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services the
rates and charges identified in Exhibit B. Consultant shall be reimbursed for transportation,
lodging, and meals only upon pre - approval by City. The total sum to be expended under
the term of this Agreement shall not exceed $125,000, including such reimbursements.
This amount includes (1) the base sum of $103,155 and (2) a contingency of up to $21,845
for services to be performed by Consultant at the sole discretion of the City.
b. Payment by City shall be made within forty -five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need
not be made for work that fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed to between the parties that all written papers or materials prepared
pursuant to this Agreement or composed utilizing information provided by City, shall be the property of
City and shall be delivered to City upon completion of the services hereunder.
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4. TERM
This Agreement shall commence on April 5, 2017 and continue through April 4, 2018, unless
terminated earlier pursuant to Section 14, below.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire terns of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment 'insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
G. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence arising out of Consultant's
operations in the performance of this Agreement, including, without limitation, acts
involving vehicles. The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000
in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self - insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Workers' Compensation Insurance. hn accordance with the California Labor Code,
Consultant, if Consultant has any employees, is required to be insured against liability for
workers' compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain
any employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
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(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f, If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to terminate
this Agreement. Such termination shall not affect Consultant's right to be paid for its time
and materials expended prior to notification of termination, Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to
approval of insurance by the City.
7. INDEMNIItICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability for personal injury, damages,
just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including death, and claims for property damage, which may arise from the negligent acts or operations of
Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates
to the services described in section I of this Agreement. Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
selected by the City, regarding any action by a third party asserting personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arising by reason
of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with
respect to its representation in any legal proceeding
8. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this
Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred
under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum
period of three (3) years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant
shall allow a representative of the City to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement during regular business hours. Consultant
shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement
for a period of three (3) years from the date of final payment to Consultant under this Agreement.
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9. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise the
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct of
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in
writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified
mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this
Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax 714- 647 -6956
With courtesy copies to:
To Consultant:
Jorge Garcia
City Manager's Office
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Vanir Construction Management, Inc.
3200 Park Center Drive, Suite 320
Costa Mesa, CA 92626
Attn: Lara Jennings, Area Manager
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A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed
as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or
written, between the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified
except by written instrument signed by the City and by an authorized representative of Consultant. The
parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,
which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant. shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, City may require Consultant to deliver to the City all
work product completed as of such date, and in such case such work product shall be the property of the
City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. NONDISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
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related activities or in connection with any activities under this Agreement. Consultant affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both patties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
17. PROFESSIONAL. LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
18. SECURITY COMPLIANCE
Any and all of Consultant's employees performing services under this Agreement shall undergo a
security/background check as specified by City. Within two (2) weeks of this Agreement becoming
effective, Consultant shall provide personal identifying information for all personnel that will be working
onsite at the Santa Ana Police Department and /or Santa Ana Jail or otherwise performing services under
this Agreement. In the case that any of Consultant's personnel fail the security /background check, City
will notify Consultant at least one week prior to the beginning of installation work so that Consultant can
make other staffing arrangements.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City
in the event that such authority or power is not, in fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNF,SS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
Maria D. IIuizar Gerardo Mouet
Clerk of the Council Acting City Manager
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APPROVED AS TO FORM: CONSULTANT
SONIA R. CARVALHO
City Attorney
By: �w c—�
John W, Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Chief of Police
Name:
Title:
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AMNURA
Santa Ana Jail Reuse Plan and Feasibility Study
Scope of Work and Methodology Outline
Task 1. Review of current detention system issues and reconfirm City goals /objectives and overall
purpose for the future direction of the City jail.
The Vanir consultant team will meet with City staff in a "kick -off' meeting and jail tour. The focus of the
discussion will include:
• Background Information: Review of the operational history, budget background, and other key
issues involving the City's jail facility.
• Scope of Work: Review of the project's methodology, schedule, and consultant team's
information listing request handout.
• Press Inauiries: Establishment of the process and lines of reporting for addressing press and
public inquiries.
• Jail Reuse Options: Discussion of City's overall fiscal concerns, limitations, and other major
factors which should be considered in the jail reuse options analysis.
Task 2. Collection and analysis of jail population trend data, staffing, operational costs and Inmate
programs /services Information.
The resulting data collection and analysis work will focus on the following:
• law Enforcement Agency Bookings: Detainee intakes, releases, length of jail stay, and
average daily inmate population (ADP) trends.
• Inmate Profiles: Detainee arrests / booking offenses and criminal history characteristics will be
compiled and analyzed. Inmate security classifications and custody housing requirements will
be reviewed.
• Jail Staffing: Number of management, custody inmate supervision, and other jail support
staffing levels.
• Jail Budgets: Annual line item jail fiscal operating costs and expenditure trends. Outside
agency contract revenue and inmate daily per diem reimbursement rate collections and other
offsetting operational cost sources will be reviewed.
• Inmate Programs and Services: Jail program service providers I volunteers involved with (a)
mental health, (b) medical, (c) substance abuse, (d) academic education, (e) life skills, and (f)
reentry programs will be interviewed to understand the intent and frequency of services directed
to the detainee populations.
Task Sr Review of the jail's building characteristics, space, and physical security / custody
arrangements.
The consultant team will analyze the overall adequacies of the facility's functional use areas security
and custody characteristics. The focus of the analysis will include:
Buildina Security / Custody Characteristics: Facility architectural floor plans, specifications,
renovations, previous inspections, and deferred maintenance items will be assembled and
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reviewed. The work will examine the configuration, capacity, utilization, security levels, and
custody arrangements of the facility's existing area space Including (a) administration, (b)
visiting / lobby / public areas, (c) food services, (d) central control, (e) maintenance / storage /
utilities, (f) laundry, (g) intake / release, (h) medical / mental health clinics, (i) programs /
classrooms, Q) housing / dayrooms, (k) interior circulation, (1) indoor recreation (gym), (m)
vehicle sallyport, and (n) quasi - outdoor circulation / recreation yards.
Space Assessments: Based on the defined area uses identified for the Cityjail, an assessment
of the adequacy of each space will also be undertaken which takes into account factors
including (a) appropriate size, (b) efficiency / organization, (c) expansion characteristics, (d)
circulation, (a) location, (f) adjacencies, and (g) level of privacy. Overall conclusions about the
adequacy of the facility and its space provisions will focus an standard jail building security
design criteria as well as the systems needed to support the operation of a detention facility,
The assessment information is intended to identify any significant issues concerning the
adequacy of the existing space and custody / housing levels associated with detainee
populations incarcerated in the facility.
Task 4: identify and analyze Jail reuse options for City consideration.
Using the information and results assembled In the previous planning tasks, the Vanir consultant team will
work with the City to finalize 3 — 4 draft options which will be further evaluation with recommendations
provided to the community. The analysis, evaluation work, and recommendations will include:
• Detailed Description of Options: A written comprehensive narrative description will be
developed for each draft jail reuse option the consultants Identified and analyzed during the
scope of the project work. Each description will include graphic layouts highlighting the design
plans and concepts incorporated into the reuse option.
• Other Contracting Out Options: In order to provide the City with a comprehensive analysis, the
consultant team will review with qualified national correctional firms, including the Federal
Bureau of Prisons, the process, procedures, and likely success the City can expect if it pursued
arrangements with other outside custody agencies who may be interested in operating the City
jail, This information will be included in the evaluation of each jail reuse option.
• Fiscal Analysis: An in -depth fiscal analysis will also be prepared which includes information
showing the overall fiscal impact the City will likely incur if the jail reuse option is pursued and
ultimately implemented.
• Community Study Input The consultant team will work with City stakeholders and identified
interested advocates to establish and carry out an organized community meeting to gather
public input, concerns, and other potential impacts associated with the jail reuse options the
City Is evaluating. The consultant team will use the public input information in finalizing the
published Information showing the advantages and disadvantages of each reuse option.
• Consultant Recommendations: The consultant team will develop a summary outline of the
pros and cons and advantages /disadvantages Identified in the course of the study for each of
the jail reuse options. Analysis of this information and related fiscal impact data will be used
to form the recommendations the consultant team is prepared to present to the City Council.
Task 5 Prepare jail reuse options final report.
After the draft Jail Reuse Planning and Feasibility Study has been reviewed and approved by the City's
administrative staff, copies of the report will be prepared and presented to the City Council.
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