HomeMy WebLinkAbout- - RFP Jail - 9/20/2011SUBJECT:
DATE:
CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 20, 2011 ITEM NUMBER: CC -10
JAIL SERVICES REQUEST FOR PROPOSAL
SEPTEMBER 14, 2011
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH @ (714) 754-5328
RECOMMENDATION:
Staff recommends that the City Council authorize staff to release the Request for Proposal
(RFP) for Jail Services (Attachment 3) based upon the analysis provided by both the : Jail
Services Contracting Committee and the Police Department.
BACKGROUND/ANALYSIS:
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-goingCity
services on a long-term or permanent basis. As set forth in the policy, a committee was formed
and comprised of three segments: Project Responsibility, Department Representative ; and
Employee Representative. The committee was tasked with the following:
- Hearing a presentation from department representatives and asking questions about the
specific proposal under consideration;
- Working together to outline how to evaluate a comparable City effort to provide the same
or similar service;
- Having the project facilitator draft an analysis addressing the available alternatives for
service delivery as outlined by the committee; and,
- Determining if outside comparative data would be useful.
On August 23, 2011 the Jail Inspection Contracting Committee met to discuss the duties and
responsibilities of the Jail program and determine "the available alternatives for service
delivery." After hearing a presentation by department staff and asking questions, the Committee
determined the following alternatives for the Jail program:
1. Eliminate all Jail services.
2. Contract with another public entity.
3. Contract with a private entity.
4. Form a Joint Powers Authority (JPA) to provide jail services.
5. Reduce the current level of service provided by the City.
6. Provide existing services while reducing costs/maintain status quo.
7. Maintain status quo while providing revenue generating options.
On August 30, 2011 and September 8, 2011, the Committee met to discuss, clarify and finalize
the alternatives/options and the draft RFP. The following is an explanation of the attachments.
Attachment 1 - a memo from the Contracting Committee to the City CEO, provides identification
and analysis of each alternative and survey information provided by other agencies.
Attachment 2 - a memo from the Police Chief Tom Gazsi to the City CEO, provides a written
evaluation (including pros and cons) of each option addressed by the Contracting Committee.
Attachment 3, the draft RFP for Jail Services, prepared by the Police Department and reviewed
and finalized by the Contracting Committee.
Based on the attached information it appears that the most viable alternatives are to retain the
existing service level with either existing staff at the existing cost or contracting with either a
public entity or private company for Jail services. It is difficult to determine which of these
alternatives would provide the highest level of service at the lowest cost without issuing an RFP
so that appropriate cost analysis and comparisons in level of service can be made.
A few items should be noted with regard to the draft RFP. While we have identified in the draft
RFP the current level of expected service in terms of staffing the Jail facility, we have done so
on the assumption that the Council wishes to retain the existing level of service, whoever
provides it. However, the draft also includes a specific request to proposers to identify
"innovative and/or creative approaches for providing the service that will maximize efficient,
cost-effective operations or increase performance capabilities." This would allow the Council to
evaluate either a different level of service, method of delivery, or other alternative that could
maintain or enhance service levels at a lower overall cost. The RFP also requests proposers to
offer information about hiring existing city employees.
Also note, that employees or groups of employees, who wish to submit a proposal in response
to the RFP, will be permitted to do so. Staff recommends that employees who wish to submit
bids or responses to RFPs as contract providers, should be advised to do so in compliance with
the RFP requirements and at the same time as other bidders.
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Jail Services Contracting Committee.
ALTERNATIVES CONSIDERED:
The City Council may decide not to release the RFP and direct the CEO to evaluate other
alternatives identified by the Jail Services Contracting Committee.
FISCAL REVIEW:
The fiscal impact for outsourcing the identified City services is unknown at this time. If the City
Council directs staff to release the RFP a complete analysis of the proposals and the costs for
each will be provided to the City Council at that time.
CONCLUSION:
Staff recommends releasing the RFP for Jail Services based upon the analysis of both the Jail
Services Contracting Committee and the Police Department.
2
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10homas R. Hatch
Chief Executive Officer
Attachment: Attachment 1
Attachment 2
Attachment 3
Bobby*On!Z
Finanector, Project Facilitator
Contract Committee Analysis Memo
Departmental Analysis
Draft Request for Proposal
t -I
ATTACHMENT 1
CITY OF COSTA MESA
ti b DEPARTMENT OF FINANCE
- INTEROFFICE MEMORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: BOBBY YOUNG, FINANCE DIRECTOR
DATE: SEPTEMBER 12, 2011
SUBJECT: JAIL OPERATION CONTRACTING COMMITTEE
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee should be formed
and comprised of three segments: Project Responsibility, Department Representative and Employee
Representative. The committee is tasked with:
- hearing a presentation from department representatives and asking questions aboutthe specific
proposal under consideration,
- working together to outline how to evaluate a comparable City effort to provide the same or
similar service,
- having the project facilitator draft an analysis addressing the available alternatives for service
delivery as outlined by the committee,
- determining if outside comparative data would be useful.
On August 23, 2011 the Jail Operation Contracting Committee met to discuss the duties and
responsibilities of the Jail Operation program and determine "the available alternatives for service
delivery." After hearing a presentation about the draft RFP by department staff and asking questions,
the Committee determined alternatives for the Jail Operation program.
On August 31, 2011 the Committee met to further discuss and clarify the draft RFP and
alternatives/options.
On September 8, 2011 the Committee met to finalize and approve the draft RFP and analysis of the
alternatives.
The following are alternatives for the Jail Operations program.
1. Eliminate All Jail Services.
Even though the City has always staffed and operated a Type I jail facility, it is not legally required
to do so. However, even though not legally required to operate a jail facility, the City is legally
responsible for its arrestees and therefore must maintain an alternate method of detaining its
arrestees - not just eliminate jail services altogether. This alternative method could allow the City to
no longer staff and thereby close its jail facility. Some alternative methods are discussed below, but
i
ATTACHMENT
all have varying impacts on Police operations that should be taken in to consideration. In addition,
with or without providing jail services within the City, the department will be required to maintain a
court liaison as required by the District Attorney's Office.
As attached, the committee did a survey of other cities to determine what they are doing for jail
services. Most provided their own facility; however, it was noted by the committee that the level of
service provided/required is very dependant on the number of annual bookings.
2. Contract with another public entity.
The City could contract with either the County or another City for the use of that Agency's jail
facility. This contract would allow the City to no longer staff and thereby, close its jail facility. This
option would however impact Police Field Operations staff as Officers are taken out of service to
transport and process arrestees. It is unknown what the costs charged by a contracting Agency to
provide jail services would be.
Contract with a private entity.
The City could contract with a private entity for staffing services at the City's own jail facility.
While the level of control over jail personnel might be reduced and there would still be an
operational impact, this option may allow for the least impact to Police Field Operations staff and
maintain the City's current status as a Type I facility, when compared to other options. As seen in
the survey, other cities have contracted with private entities for staffing services.
4. Form a Joint Powers Authority (JPA) to provide jail services.
The City could contact other local agencies to determine the desire to form a JPA to provide jail
services from a common/shared facility or under a common/shared staffing agreement.
Unfortunately there are no examples of this option available; however, the committee recognizes the
possibility exists. The committee also determined that the location of participating agencies could
be a large factor in reducing operational impacts. The further away the jail facility is, the longer the
period an arresting officer would be out of service from normal duties. This location change could
also impact the necessary communication between the investigative Bureaus/Units and
detainees/arrestees.
5. Reduce the current level of service provided by the City.
The City could reduce the level of service from the current full time facility to a part time facility.
While still acting as a Type I facility, the staffing during the least busy shift/period (5 a.m. to 5 p.m.)
could be eliminated. This option could impact other Police Operations during the closed periods due
to the City's responsibility to hold arrestees, e.g. drunk in public arrests (additional contracts may be
required). Unfortunately there are no examples of this option available; however, the committee
recognizes the possibility exists.
6. Provide existing services while reducing costs / Maintain status quo.
Based on current operational circumstances (related to the continued closure of the South Justice
Center), the Department changed the frequency of transporting to the County Jail facility and
minimizing housing at the City's own facility. This change has provided the City with the greatest
operational and cost efficiencies during the court's closure period. While maintaining its Type I
designation but not detaining arrestees longer than necessary, the jail facility is operating more like a
Holding facility and thereby achieving some level of budgetary savings compared to other Type I
facilities noted in the attached survey.
This option provides the greatest amount of operational control over employees/Custody Officers,
while maintaining a minimal impact to other Police Operations. The Committee noted that the
2
ATTACHMENT 1
greatest amount of operational efficiencies (but not necessarily cost efficiencies) are obtained when
South Justice Center is open and Harbor Justice Center is accepting inmates for arraignment.
7. Maintain status quo, while providing revenue generating options.
The Committee considered revenue generating options to be relative to booking fees and the ability
to allow other Agencies to book their detainees in the City's facility. Utilizing all available space in
the jail facility, maintaining current staffing levels and increasing revenue could reduce the net effect
to the budget. This option may require City staff to initiate contact with surrounding agencies to
determine a level of interest. And based on activity levels, the City's current facility may or may not
be able to accommodate such an option.
As directed under Council Policy 100-6, the above is analysis addressing the available alternatives for
service delivery as outlined by the Jail Operations Contracting Committee. Attached is a drafted
Request For Proposal (RFP) prepared by Police Department staff, reviewed and approved by the
Committee, should you desire to present it to City Council.
The Jail Operations Contract Committee is available should you have any questions or request more
information.
Bobby Yo g
Finance Dire or
Attachment: A - Survey of other cities
3
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ATTACHMENT 2
COSTA MESA POLICE DEPARTMENT
OFFICE MEMORANDUM
To:
Tom Hatch, Chief Executive Officer
From:
s
Tom Gazsi, Chief of Police k
Date: September 16, 2011
RE: RESPONSE IN COMPLIANCE WITH CITY COUNCIL POLICY
100-6
Per City Council Policy 100-6 guidelines, the Department's Chief of Police is to
provide the Chief Executive Officer with a response to the alternatives proposed
by the Contracting Committee.
Outlined in the Jail Operation Contracting Committee Memorandum, Finance
Director Bobby Young identifies the Committee's seven alternatives for Jail
Operations, which are as follows:
1. Eliminate All Jail Services
2. Contract with another public entity
3. Contract with a private entity
4. Form a Joint.Powers Authority (JPA) to provide jail services
5. Reduce the current level of service provided by the City
6. Provide existing services while reducing costs/Maintain status quo
7. * Maintain status quo, while providing revenue generating options
The following is a brief assessment of alternatives, from the perspective of the
Department.
Maintain Status Quo
The City has operated a Jail since the original construction'of the police facility in
1967. The Jail is a 32 -bed, "Type I Jail Facility," as described in the California
Code of Regulations, Title 15, The Jail holds inmates—historically males only—
prior to court arraignment and/or pending release on Bail, Own Recognizance,
Written Promise to Appear, etc. The Jail also houses sentenced inmate -workers,
who handle food service and miscellaneous janitorial and maintenance duties.
Since the inception of the Jail, the City Police Department has maintained a
reputation for the efficient and effective handling of operations, supervision, and
management of the facility. Additionally, the City Police Department is the current
ATTACHMENT 2
entity that ensures suitable hiring and employment practices are fulfilled and high
performance standards are met.
The City Jail custody officers are responsible for the safety and well-being of
those in their care and adhere to all applicable Minimum Standards specified by
Federal and State requirements, laws and statutes as a Type I Jail Facility.
Furthermore, the Jail staff facilitates the transportation of inmates to and from
court and other holding facilities.
This historical operational model ensures direct and full; 24-hour accessibility by
City police personnel for booking arrestees and it allows for ease of access and
convenience in conducting critical follow-up investigations by detectives,
supervisors, Crime Scene Investigations, Gang and Special Enforcement Details,
etc. Additionally, this model guarantees a place for the booking, housing, and
detoxification of drunk in public arrests,' along with the pre -arraignment housing
of inmates for all offenses, which includes violations of the City's Municipal Code.
This operational model has been in place for decades acid is proven successful.
It is the Department's preferred model for meeting its overall needs and the
unique demands of the special community it serves,
Maintain Operations at the Department with City Public Employees and Private
Vendor Hybrid
Contracting with a private vendor to replace vacated positions through attrition is
less desirable than the Status Quo model, nonetheless, a feasible operational
option.
The concern for a private vendor's hiring practices and the work standards of a
private vendor are a potential concern. However, this operational model will
facilitate the preservation of institutional knowledge possessed by those
remaining City custody officers. Additionally, this operational model will maintain
a cadre of City employees that can offer a strong training -base in order to instruct
new private employees on the City's work practices.
Maintain Operations at the De artment with Public or Private Entit
Whether utilizing the services of a public or private entity, the idea is to maintain
Jail services within the existing City Jail facility. This would allow City police
personnel to book arrestees locally and then return to their field or investigative
duties as quickly as possible. It also allows for full access to conduct follow-up
investigations and the housing of arrestees for all categories of offenses.
Whether staffing with public or private source, this may provide opportunities for
existing staff to be hired by the source and thus preserve the high institutional
' The Department books, on average, well over 400 drunk in public arrests per year. Refer to the Jail
Operations RFP Historical Booking Infoanation section for details.
IPJ
ATTACHMENT 2
knowledge of the existing employees, maintain a strong training -base, and
continue efficient work practices.
This is potentially a less desirable operational model than Status Quo. As with
the Hybrid, this operational model does not ensure the same exceptional hiring
and employment practices of the Department.
Outsource to nearby Public Agency
The selected public source must have availability for the booking and housing of
drunk in public arrests, minor and major offenses, Municipal Code violations, and
female arrestees.
The most significant concern with this operational model is potential `but of
service" time due to travel and offsite booking procedures. Additionally, using a
facility outside City limits does not allow for direct accessibility to inmates, by City
police personnel, for conducting critical follow-up investigations.
This operational model is less desirable than the previously identified models.
The Primary use of County Jail
This operational model presents the same problematic lengthened travel,
booking, and processing times mentioned above. Moreover, the Orange County
Jail has a limited scope of booking services --there is no booking of drunk in
public arrestees and some other minor offenses.
As with utilizing another nearby agency, Orange County Jail does not allow for
direct and immediate accessibility to Costa Mesa booked inmates, by City police
personnel conducting routine follow-up investigations.
This is the least desirable operational model.
3
City of Costa Mesa Police Department,
Memorandum
DATE: September 16, 2011
TO: Tom Gazsi, Chief of Police
FROM: Tim Schennum, Lieutenant
ATTACHMENT
RE: CONTRACTING COMMITTEE ALTERNATIVES FOR CITY JAIL
OPERATIONS: PROS AND CONS
PURPOSE:
The purpose of this memorandum is to provide a list of both the pros and cons, as
measured by the Department's Jail Management team, for each of the Contracting
Committee's operational alternatives.
BACKGROUND:
On March 1, 2011, the City Council agreed to move forward with a comprehensive
review and analysis of outsourcing 18 City services, one of which is Jail Operations, as
outlined in the Outsourcing of City Services Council Agenda Report, dated February 24,
2011. In response to Council's directive, an RFP (Request for Proposal) was written,
seeking proposals from outside entities, for Operations of the City's Type I Jail Facility.
The RFP was released on May 9, 2011, and closed on June 24, 2011. There were two
submissions—G4S and the City of Newport Beach—upon the closing date. The RFP
process was later placed on hold and subsequently the Jail Operations Contracting
Committee was formed. As part of the Committee's objectives, they developed
operational alternatives, to which this document addresses.
CITY JAIL HISTORY:
The City has had a Jail since. the original construction of the Police facility in 1967. The
Jail is a 32 -bed, "Type I Jail Facility," as described in the California Code of Regulations,
Title 15. The Jail holds inmates'historically male inmates only—prior to court
arraignment and/or pending release on Bail, Own Recognizance, Written Promise to
Appear, etc. The Jail also houses sentenced inmate -workers, who handle food service
and miscellaneous janitorial and maintenance duties.
ATTACHMENT 2
CURRENT CITY JAIL STAFFING:
The City Jail is managed by a Police Lieutenant and supervised by a Police Sergeant.'
There are a total of 11 City Jail custody officers who are responsible for the safety and
well-being of all those in their care and custody and must adhere to all applicable
Minimum Standards specified by all applicable Federal and State requirements,' laws
and statutes, applicable court orders and the California Corrections Standards Authority,
as applicable to a Type I Jail Facility. Additionally, the City Jail custody officers facilitate
the transportation of inmates to and from court and to and from other holding facilities.
One of the 11 custody officers is assigned as a full-time Court Liaison Officer (CLO).
The Court Liaison Officer is the Police Department's primary point of contact for the
Courts, District Attorney's Office, and other court related entities. The CLO coordinates
court paperwork and related activities of subpoenaed officers. Until 1991, this position
was held by a sworn police officer. It was civilianized as a cost saving measure.
The City Jail has a direct impact on the Department's capacity to provide law
enforcement services to its citizenry. Since custody officers receive, book, process, and
transport arrestees, it allows police officers to quickly return. to their field duties,
servicing the Costa Mesa community.
DEFINITIONS:
"Type -1 jail facility means a local detention facility used for the detention of persons for
not more than 96 hours excluding holidays after booking. Such a Type I facility may also
detain persons on court order either for their own safekeeping or sentenced to a city jail
as an inmate worker, and may house inmate workers sentenced to the county jail
provided such placement in the facility is made on a voluntary basis on the part of the
inmate. As used in this section, an inmate worker is defined as a person assigned to
perform designated tasks outside of his/her cell or dormitory, pursuant to the written
policy of the facility, for a minimum of four hours each day on a five day scheduled work
week." 2
Temporary holding facility means a local detention facility constructed after January
1, 1978, used for the confinement of persons for 24 hours or less pending release,
transfer to another facility or appearance in court."3
ALTERNATIVES:
As part of the Jail Operations Contracting Committee work, operational alternatives
were comprised. The following alternatives have been evaluated by the Jail
Management team in order to determine the pros and cons of each alternative. By no
' Refer to Attachment -A, Description of Jail Operations Positions, which describes the duties of all
ersonnel assigned to Jail Operations
As described in Title 15
3 ibid.
2
ATTACHMENT 2
means does this document claim to contain an all-inclusive list of the potential pros and
cons related to the proposed alternatives.
Refer to the following for details.
1. Eliminate Services:
The elimination of Jail services would be detrimental to the overall operations of the
Department.
Pros:
• Jail operational costs saved—$1,402,$41
• Reduction in liability associated with the housing inmates
• No custody personnel training mandates and other associated personnel issues
• No contractual obligations with vendors/clients
Cons:
• Travel and booking times: Closing the City Jail would increase travel and
booking times. Officers would be removed from patrol and others assignments
because of the extended time it takes to process arresteesb at another facility,
other than the City Jail
• DNA collection and data entry (Proposition 69): Necessary for proper DNA
collection
• Medical clearances: Availability of quality medical screening of all cases is
paramount
• Report writing: Officers will be responsible for completing their own Arrest Face
Sheets, County pre -booking forms, County property and medical triage forms, -
etc., or other agency forms if booked at another facility. This again adds to an
officer's estimated times. These forms are currently completed by the Costa
Mesa Jail staff, via the Jail Management System, and are done so in an
extremely efficient manner
• Delays in data entry: Because arresting officers—rather than Costa Mesa
Custody staff members --would be responsible for providing relevant booking
information to the Records Bureau, delays in data entry and processing would
occur
• Costa Mesa Jail is a force multiplier: By reducing travel and booking times,
more police officers remain in our City and available for callss
• Public intoxication arrests: Some facilities will not accept simple intoxication
arrests. This is critical as it relates to quality of life issues
o Costa Mesa's contract with Huntington Beach: To address Costa Mesa's
need to house females who are arrested for drunk in public, the City has an
4 This is the total approved Jail Operations Budget for FY 11-12, which includes salaries, benefits,
maintenance and operations. This number does not subtract the cost of positions such as the CLO and
Supervisor, which would remain in place, in some manner, whether or not City operated services were
eliminated
s Total impact of travel time and bookings alone is $949,928, refer to Attachment -8, Jail Operations
Impact of 0. C. Jail Bookings document for details, dated 30 August 2011
6 Attachment -13
3
ATTACHMENT
Agreement with the Huntington Beach Police Department. The City of
Huntington Beach charges Costa Mesa a daily -rate of $55.00 for housing
drunk in public arrests and $155.00 for all other bookings. In the fiscal year
08-09, Costa Mesa booked 16 females into the Huntington Beach Jail with a
total cost of $2,435.30, Sixteen arrests per year is a manageable number;
however, it is unknown whether Huntington Beach would agree to handle the
more significant number of arrests (40 per month average) for drunk in public,
particularly with all of the problems associated with these individuals
• Watch Commander and Supervisory Oversight: Closing our facility would
diminish Watch Commander and supervisory oversight of arrests, investigations,
and associated paperwork
• Critical Incidents: Visible injuries and inmate complaints are frequently
discovered during the medical screening process by City Jail staff members.
Supervisors will have to leave the City to investigate use of force incidents,
injuries, and inmate complaints observed or ascertained during the booking
process at another holding facility
• Police Service and Public Safety:
o Calls for service: Without a City Jail, response times could increase and the
quality of our service could be affected.
o Arrests: Arrests would likely decrease. This may lead to recidivism and
reoccurring societal problems
• Detective Bureau, Special Enforcement, Gang Unit; Crime Scene
Investigations, Traffic Investigations, and other details would be impacted:
Without a City Jail access on a 24-hour basis, Specialty units would be delayed
in their ability to conduct follow-up investigations and gather intelligence
o Detective follow-up: Detectives would have to travel to another City to
access arrestees for follow up interviews
o Intelligence gathering: All specialty units, but particularly Gang and Narcotic
details, would have to travel to another City to gather intelligence from
arrestees
o . CSI and evidence collection: Crime Scene Investigators and Detectives will
have to respond to another holding facility to assess, document, and collect
evidence and conduct interviews. Their service, decision-making, and
priorities would be adversely affected
• Overtime will increase: The delays resulting from an increased utilization of
another facility could necessitate more overtime for the aforementioned reasons
and more
• Municipal Code Violations: The City would most likely book at OC Jail, who
charges the City a fee for Muni Code violators booked and housed in their facility.
These costs will increase if the City Jail is closed?
7 On the average, we book 121 Muni Code violators annually (3 -year average) for an estimated housing
cost at OCJ of $26,000. Extended sentences will increase this estimated housing costs
El
ATTACHMENT 2
• Court Liaison: The court liaison's position would be eliminated and reassigned
to another detail, such as the Detective Bureau. The cost of this position cannot
be avoided due to the importance of the duties$
• Immigration Customs Enforcement: ICE statistics would not be readily
available. ICE screening relative to the City's data collection would be
compromised
• Increasing the exposure of CMPD Officers to the City of Santa Ana: The
more Costa Mesa officers drive through Santa Ana, to and from OC Jail, the
more likely they may become involved in incidents within Santa Ana's
jurisdiction—this applies to any other City/location where bookings are relocated
• Re-establishing Jail Operations in the Future: Reopening a facility could be
costly as it may require compliance with current standard. The loss of
experienced staff should be a consideration
2. Contract with Other Public Entity:
The City of Costa Mesa contracting with another public entity to operate its Jail is a
valid alternative; however, there are no examples of this operational plan in Orange
County.
Pros:
• Cost saving: In theory, another Orange County agency could assign custody
staff members to staff the City Jail and charge a service fee
• Management oversight: Contingent on the quality of the public entity, their
agency's supervision and the Police Department's management combined are an
exceptional way of providing checks and balances for correctional decisions and
actions
• Reduction in City employees: No city employed custody personnel required,
with the exception of a contract manager and/or Jail manager/supervisor to
provide oversight of operations
• Liability: Unlike privately employed Jail personnel, those employed by another
agency, as a public officer, would still posses legal protection of qualified
immunity
• Confidential materials: Unlike privately employed personnel, another public
agency's staff would be permitted, by law, to view confidential computer files or
reports including: California Law Enforcement Telecommunications (CLETS),
records files, criminal histories, and DOJ regulated information
Cons:
• Employee Selection: Other public agency's personnel may not be held to the
same standards as the City of Costa Mesa, and may not possess the same
exceptional qualities as the Costa Mesa custody officers
8 The CLO is responsible, in part, to transfer bail, inmate property, and all court paperwork required for
successful prosecutions, to the court; distribution and computer entry of subpoenas; contact of all
Department personnel needed for court; etc. Refer to CMPD Jail Manual Section 174 for complete
assignment details. Also, the cost of this position should be considered --Tota/ Compensation, as outlined
in the City of Costa Mesa 2014 Compensation Report is $94,306.46.
5
ATTACHMENT 2
• Liability: The responsibility and liability cannot be delegated. Custody officers
operate in a stressful environment and hold a position of trust and legal
responsibility
Use of force: Custody officers are routinely involved in controlling inmates and
using necessary force during the course of their duties. The liabilities associated
with these actions can .be significant. The City would rely on another public
entity's line -level supervision to monitor and investigate these matters
Disciplinary procedures: Another agency's personnel are not subject to the
City's disciplinary procedures. If a custody officer is involved in misconduct, the
Department's Professional Standards Unit (Internal Affairs) may be called upon
to conduct a thorough investigation
• Performance Evaluations: The contracted public Jail staff would not be subject
to the Department's evaluation process
3. Contract with Private Entitv:
The City could continue to maintain Jail services by contracting with a private
vendor. There are numerous sources of information, opinions, and commentary
available about outsourcing public Jail services to a private vendor. Proponents of
privatization cite examples where it has worked effectively, while opponents cite
examples where it has failed. There are currently no Type I Jail Facilities (however,
there are Temporary Holding Facilities) in Orange County that utilize a private
vendor.
Pros:
• Beverly Hills and Irvine: Agencies like Beverly Hills and Irvine have been
satisfied with this model—the service and savings
• Increased oversight: Contingent on the quality of the private vendor,
outsourcing, in conjunction with the Police Department's own monitoring, the
vendor may add a layer of independent review of correctional decisions and
actions
• Reduction in City employees: No City employed custody personnel are
required
Broader Selection: Broader selection of personnel may be available. The
vendor model allows for selection of specific skills and language ability, As well it
can insure that both male and female officers are available
Cons:
Is It legal: CMCEA is currently challenging the City's legal authority to contract
with a private vendor. A resolution may be necessary
Employee selection: Employee selection is paramount. Quality and statute
compliant personnel are very important
• Liability: Suitable indemnification is necessary
• Use of force: Custody officers are routinely involved in controlling inmates and
using necessary force during the course of their duties. The liabilities associated
with these actions can be significant. The City should not rely solely on the
supervision of a private vendor to monitor and investigate these matters
0
ATTACHMENT
Medical screening: Must be completed thoroughly and within locally accepted
requirements
• Management oversight still required: State Statue PC 6031.6 places a
performance duty on counties and cities to monitor compliance with laws and
standards
• Disciplinary procedures: A private vendor's personnel are not subject to the
City's disciplinary procedures
• Confidential Materials: Unlike public employees, private contracted staff is not
permitted, by law, to view confidential computer files or reports including:
California Law Enforcement Telecommunications (CLETS), records files, and
criminal histories
• Court Liaison: The court liaison's position would have to be performed by
another detail, for example, the Detective Bureau
• Previous Staff Study on Privatizing the Jail: In 1996, Police management and
City management discussed and analyzed Jail facility privatization. The City's
interpretation of Penal Code Sections 831 and 6031 meant if the City contracted
for Jail operations, City personnel would have to remain actively involved in day-
to-day operations for those duties not delegated. Two of the concerns were 1)
the potentially high turnover of contract personnel and 2) inadequately 'trained
and experienced contracted staff, both a possible result of relatively low wage -
rates paid by the private contractors. In this previous study, it was concluded that
the high turnover and inexperience privatized Jail staff could expose the City to
significantly greater liability.
• Abandonment of Private Vendors: Some agencies, like Seal Beach and La
Habra dropped services for performance problems
4. JPA (Joint -Powers Agreement):
The City could arrange for an agreement with another city, county, state or federal
agency to share Jail services.
Pros:
• Cost Sharing: Engaging in a joint operation is likely to share costs between the
participating agencies and could save money
Cons:
• Not readily available: This option would require extensive study, exploration,
and negotiations with other agencies. The impact to City financials and other
aspects are unclear
• Relying on other entities: Partnerships and JPAs can unexpectedly dissolve as .
circumstances changes
5. Reduce Level of Service:
Under the reduction of service alternative, the City Jail could, in theory, transition
from a full-time to a part-time operation, limiting the number of hours the facility was
open to book and house inmates. This, however, is not considered a "Temporary
7
ATTACHMENT 2
Holding Facility," as described by Title 15 (refer to the Definition section, on page 2
of this document for details).
For the purpose of evaluating this alternative, Day Watch was selected as the
closure period. Using 2009 statistics (based on a previous study), between the hours
of 0500 and 1700, the City Jail booked 1,315 people.9 This accounted for only 23%
of the overall bookings—less than the percentages of both P.M. and A.M. Watches,
independently. Therefore the selected hours of operation, for this example, to
evaluate pros and cons, would be 1700 hours (5 p.m.) to 0500 hours (5 a.m.).
Note - Many of the issues addressed in the consequences of a full closure would be
applicable to transitioning to a facility with limited hours of operations.
Pros:
• Reduction of 12 -hours per day of operations: Ideally having the reduced
custody staff on duty for one 12 -hour shift per day
• Reduction of staffing: Estimated reduction of staff from 11 Jailers to six, which
would include the elimination of the Court Liaison Officer under Jail Operations
and reassigned to another detail/unit
• Re-establishing full Jail operations: Partial closure, in lieu of full closure would
eliminate potential costs to re-establishing full Jail operations in the future
• Slightly less dietary needs for Inmates, per regulations: However, the costs
savings would be nominal
Some bedding needs are eliminated: which would include some associated
laundry needs
Cons:
• Intake hours reduced: Under this alternative, the actual hours to book at the
City Jail would be reduced to about 10 -hours, to allow for opening and closing
procedures and the removal and transportation of the remaining inmates to
another holding facility upon closure, which may easily result in additional
overtime costs if there are transportation issues or refusals from the other holding
facility who is accepting the inmates
• No inmate -worker, per Title 16: As a result of no inmate -worker, custody staff
would have increased duties such as: Inmate food preparations and service,
laundry, cleaning of cells, floors, toilets, kitchen, etc. (potential contracted
janitorial services may be needed, which would be an increased cost)
• The traveling and booking times: Limited operational hours would increase
traveling and booking times. Officers would be removed from the field and other
assignments for the period of time it takes to transport and process their
arrestees at another holding facilityl0
• DNA collection and data entry (Proposition 69); During nonoperational hours,
arresting officers would be responsible for determining if DNA was required and
9 Total bookings for 2009 were 5,673.
t0 Total impact of travel time and bookings alone is $949,928, refer to Jail Operations Impact of 0. C. Jail
Bookings document for details, dated 30 August 2011, identified as Attachment -13
ATTACHMENT 2
then responsible for the DNA collection, adding to the arresting officers
booking/processing times. This is a function currently performed by City Jail
Staff, in its entirety, and is done in an efficient manner
• Medical clearances: In the past few years, on occasion, even with a medical
clearance from a hospital, Orange County Jail still refuses to book the City's
arrestees. This results in the unfortunate housing of injured and ill inmates in our
facility. Without a full-time Jail facility, the City would, be faced with serious
problems determining what to do with and/or whereto house these inmates
Delays in data entry: Because arresting officers would be responsible for
providing relevant information to the Records Bureau, delays in data entry and
processing would occur
Our Jail is a force multiplier: By reducing traveling and booking times, more
police officers remain in our City and are available for service," Operating a part-
time Jail would increase, not reduce, traveling and booking times
Public Intoxication Arrests: This is one of the more significant issues.
Typically, the subjects arrested for this charge are housed in the City Jail
sobering cell for a six hour period and released on a written promise to appear,
barring warrants or holds (Probation, Parole, ICE etc)
o Under this model, there would only be a four-hour window (to account
for the six -hour sobering period) to book a Drunk in Public Arrest: The
OC Jail will not book this charge. During the nonoperational hours for booking
a drunk in public arrest, other arrangements would have to be made at a
significant cost
o Costa Mesa's contract with Huntington Beach: (referenced previously)
o Males booked in our facility for public intoxication: The City averages
over 400 drunk in public arrest a year. It is questionable whether Huntington
Beach, or any other agency, would agree to handle such a large volume of
.drunks, particularly with the various problems associated with these
individuals
o Watch Commander and Supervisory Oversight: Reduced
Critical Incidents: Visible injuries and inmate complaints are frequently
discovered during the medical screening process by City Jail staff members.
During nonoperational hours, supervisors will have to leave the City to
investigate use of force incidents, injuries, and inmate complaints observed or
ascertained during the booking process at another holding facility, It is likely
many of these incidents would go undocumented (specifically photographs,
recorded interviews, or medical exams), placing the City at a disadvantage in
future claims and litigation
Relinquishing control and decision making to another agency: The
economic future and decision making of other agencies are uncertain.
Guidelines, practices, procedures, fees, etc. are likely to continue to change as
each agency addresses their own budget shortfalls and increased workloads
11 Attachment -B
ATTACHMENT
• Police Service and Public Safety:
o Calls for service: With limited hours of operation, response times would
increase and the quality of our service could decrease.
o Arrests: Arrests would likely decrease. Increased discretionary practices, in
the interest of service and officer safety
o Public Safety and repeat offenders: A consequence to a partial Jail closure
will be an increase in O.R. Releases, Written Promises to Appear and greater
discretion in making arrests. This could result in increased repeat offending
• Detective Bureau, Special Enforcement, Gang Unit, Crime Scene
Investigations, Traffic Investigations, and other details would be impacted:
Specialty units would be delayed and limited in their ability to conduct follow-up
investigations and gather intelligence—limited to only those condensed hours the
Jail was open for business
o Detective follow-up: Detectives would have limited access to arrestees for
follow up interviews, unlike the total access they have now
o Intelligence gathering: All specialty units, but particularly Gang and Narcotic
details, would have less opportunity to gather intelligence from arrestees.
Opportunities to STEP (document) gang members will significantly decrease
o CSI and evidence collection: Crime Scene Investigators and Detectives will
have to respond to the Orange County Jail to assess, document, and collect
evidence and conduct interviews when the City Jail is closed. Their service,
decision-making, and priorities would be adversely affected .
• Overtime will increase: The delays resulting from an increased utilization of OC
Jail or other facility would. necessitate more overtime for the aforementioned
reasons and more
• Municipal Code Violations: OC Jail charges the City a fee for Muni Code
violators booked and housed in their facility. These costs will increase if the City
Jail is reduced to limited hours of operation 12
Court Liaison: The court liaison's position would be eliminated (based on
projected staffing) in this reduced -hours alternative and reassigned to another
detail, such as the Detective Bureau. The cost of this position cannot be avoided
due to the importance of the duties executed
• Immigration Customs Enforcement: ICE statistics would not be readily
available. ICE screening relative to the City's data collection would be
compromised
• Increasing the exposure of CMPD Officers to the City of Santa Ana: The
more officers drive through Santa Ana to and from OC Jail, the more likely they
are to become involved in incidents within their jurisdiction --this applies to any
other City/location where bookings would be relocated
• No longer a full service Police Department: Closing the Jail would impact the
entire organization. This would be unprecedented. The City has always operated
a full-time, Type I Jail Facility
12 On average, the City books 121 Muni Code violators at OC Jail annually (based on a 3 -year average),
for an estimated housing cost of $26,000. Extended sentences will increase this estimated cost
10
ATTACHMENT 2
6. Existing Services with Cost Reduction(s):
Concerning City Jail maintenance and operational costs, such as inmate food,
inmate laundry services, etc., the Department has spent marginally less money in
the past couple years from the Jail's Safety and Health account. This reduction in .
expenditures is primarily due to the shorter periods of time --typically less than 24-
hours—that the City Jail holds its inmates.
The reason for this reduced holding period is attributed to the closure of South
Justice Center court (SJC). The closure has caused a significant increase in activity
at Harbor Justice Center (HJC) court because they have taken on SJC's workload.
Costa Mesa Police Department --as well as other Orange County police agencies
that use the HJC for court purposes—has been restricted from booking inmates
directly into HJC for arraignments, The City Jail has been faced with the mandate of
booking all inmates into Orange County Jail before their arraignment. Arraignments
are conducted at County Jail's arraignment facility or inmates are transported, by the
Orange County Sheriffs Department, to HJC for arraignment in one of its
courtrooms. This mandate necessitates that the City Jail staff remove and transport
inmates two-times during each 24-hour period.13
This form of reduction will remain in place until SJC is reopened or another option(s)
is brought forward.
7. Status Quo:
The Costa Mesa Police Department could continue to operate its own Jail facility in
the same manner it has for the past several years.
Pros:
Employee selection: Our current staff is comprised of non -sworn police
personnel who must pass the Department's hiring requirements, which include:
interview, background check, polygraph, medical exam, psychological evaluation,
and a probationary period, which involves random drug testing. The Police
Department and Human Resources maintain quality and control over the hiring
process
• The Jail Sergeant: This position is considered a specialty assignment and is
occupied b� an experienced Police Sergeant, who serves as the Jail
supervisor, per Title 15
P The Jail is currently operated and managed by experienced and trained
police personnel: The City Jail operation is efficient and is managed well. It has
an established track record of excellence. There have been no escapes, riots,
disturbances, thefts, etc.
13 Strategic transport times have been selected that offer minimal impact on both Jail and Patrol
Operations
14 For a detailed description of the Sergeant's duties and all other personnel associated with Jail
Operation, Refer to Attachment -A, Description of Jail Operations Positions
11
ATTACHMENT 2
o Disciplinary procedures: The current custody staff members are police
employees and are subject to the City's and Department's disciplinary policies
and procedures
• Liability: The current custody staff has relatively few PSU (internal affairs)
investigations, claims, and/or lawsuits
• Confidential materials: Police employees are permitted, by law, to view
confidential computer files and reports making the booking process more efficient
for the overall organization
• Maintain ability to house inmate -worker: With the operation of a Type I Jail
Facility, Title 15 allows for housing an inmate -worker. They handle duties such
as: Inmate food preparations and service, laundry, cleaning of cells, floors,
toilets, kitchen, etc., eliminating the need for potential janitorial services and
freeing up staff members to handle more critical duties
• DNA collection and data entry (Proposition 69): This is a function currently
performed by City Jail Staff, in its entirety, and is done in an efficient manner
• Medical clearances: As part of their routine duties, custody staff members
conduct medical clearances, by asking health related questions, to determine the
mental and physical condition of arrestee. On many occasions, Jail staff has
refused bookings prior to a hospital examination and formal medical clearance.
Their actions have mitigated liability exposure from those with noteworthy health
concerns
• Report writing: Arrest l=ace Sheets, County pre -booking forms, County property
and medical triage forms will remain the responsibility. of City Jail staff, via the
Jail Management System, and will continue to be done so in an efficient manner
• No delays in data entry: Because. this function will be handled by Jail staff,
relevant information is provided to the Records Bureau in a timely manner
• Our Jail is a force multiplier: There is limited travel time and booking times are
expeditious. Officers remain in our City while booking and are available for
service -
o Public Intoxication Arrests: The City Jail has adequate facilities to
accommodate the number of drunk in public arrests the Department books on a
routine basis
• Watch Commander and Supervisory Oversight: The City's Watch
Commander, Jail Sergeant, and/or other Department supervisors are available,
at all times, to monitor activities and provide supervision
• Critical Incidents: Visible injuries and inmate complaints are appropriately
addressed in a timely manner
• Police Service and Public Safety:
o Calls for service: The City Jail staff are efficient with the booking process,
thus allowing officers to return quickly to the field
o Arrests: Arrests will remain status quo
o Work product: Officers will continue to conduct their traditional thorough
investigations
12
ATTACHMENT 2
Detective Bureau, Special Enforcement, Gang Unit, Crime Scene
Investigations, Traffic Investigations, and other details will not be
impacted: Specialty units will be able to continue their important investigations
without delay
o Detective follow-up: Detectives will have full access to arrestees for follow
up interviews
o Intelligence gathering: All specialty units will have the same opportunity to
gather intelligence from arrestees
o CSI and evidence collection: Crime Scene Investigators and Detectives will
have direct access to inmates for any needed follow-up, such as collection of
evidence, conduct interviews, etc.
o DUI investigations: DUI officers will book their arrestees expeditiously and
return to the field, in a timely manner
Court Liaison: The court liaison's position will continue in the same manner
Immigration Customs Enforcement: ICE statistics will be readily available for
review by the Department, City official, Council members, etc.
Cons:
• City Employees: This alternative requires the use of City employee who are paid
salaries and benefits and depending on years of service, are eligible for pensions
8. Status Quo with Revenue Generating Option(s):
The Department could continue to operate its own Jail facility, while seeking
additional revenue generating options. Currently, the City generates revenue by
charging a booking fee for each inmate processed through the court system. The
City charges a $280 booking fee per arrestee. The collections of these fees are
handled with the cooperation of the courts, Records Bureau, and the Finance
Department.
Pros:
• Booking Fees: The City gains a $280 fee for every outside booking accepted,
who is ultimately processed through the court system
• Have another agency contract with the City to provide Jail services:
Propose to other agencies the option of booking their arrestees in the City Jail as
a revenue/service option
Cons:
• The size the City Jail facility: The size of the City Jail accommodates Costa
Mesa's needs but prohibits a large increase in services/occupancy. In 2009,
Costa Mesa management personnel informally discussed an Agreement with
Immigration Customs Enforcement (ICE) to allow them to book their inmates in
the City Jail. The limited size of the City Jail, in conjunction with service needs,
prohibited both agencies from engaging in a more formalized dialogue. The City
Jail could accommodate limited and periodic bookings from other municipalities
• Staffing levels: With an increase in workload associated with additional inmates,
Jail management would have to consider the need for additional staffing
13
• Liability: The increased liability of housing additional inmates could offset
revenues
• Releasing more inmates into our community: Upon releasing another
agency's inmates from the City Jail, the City could potentially expose its
community to increased homelessness, criminal activity, and a variety of other
problems and/or quality of life issues
• Not readily available: This option would require study, exploration, and
negotiations with other entities. The impacts to the City, specifically as it relates
to finances are unclear at this time
• Relying on other entities: As mentioned previously, any partnerships can
unexpectedly dissolve as circumstances change
ATTACHMENTS:
Attachment -A, Description of Jail Operations Positions
Attachment -B, Jail Operations Impact of O. C. Jail Bookings
Attachment -C, Possible Impact to Records Bureau by Privatizing the Jail
Respectfully submitted,
TIM SCHENNUM / r
Lieutenant
14
ATTACHMENT 2
ATTACH M E NT -A
DESCRIPTION OF JAIL OPERATIONS POSITIONS
Unit Description:
The Costa Mesa City Jail provides for the processing and detention of arrested persons
in a manner mandated by State and Federal laws; transports arrestees from the jail to
court or other detention facility; and coordinates court appearances and related activities
inmates and subpoenaed police personnel.
Jail Manager:
The Costa Mesa City Jail Manager, a Department Lieutenant, at present, also manages
six other distinct units, which are 1) Animal Control, 2) Crime Scene Investigations, 3)
Canine, 4) Field Training Program, 5) Reserve Officers, and 6) Volunteers. Of the seven
total units directed by the Jail Manager, more time is spent managing Jail Operations, in
part because of its larger budget; continuously changing laws, regulation, special
projects, etc.; and the liability concerns associated with housing arrestees. The following
is a list—not all-encompassing—of the Jail Manager's duties:
• Manages and evaluates the performance of seven distinct units and their
supervisors (two sergeants and one civilian supervisor) and writes each of their
annual reviews, one of whom is the Jail Sergeant
• Manages immigration related matters, which include, but are not limited to the
collection of detailed statistical information, formatting and drafting several
statistical documents for dissemination to the City Manager,. Chief, Command
staff, and others, upon request, acts as the Departments spokesperson on
immigration matters, and is the liaison between the Department and U.S.
Department of Homeland Security—Immigration and Customs Enforcement
• Provides management oversight to the Department's video system by
functioning as a liaison with Siemens, arranging various projects, services, and
upgrades, as needed. A majority of the system's cameras monitor areas within
and surrounding the Jail facility
• Manages the overall budget for the seven units, one of which is the Jail—the Jail
budget is $1.5M
• Manages the Jail Management System—the automated system used to
processes inmates
• Holds the title of Jail Manager and accountable for all responsibilities associated,
per Title 15 Regulations
• Member and participant of associations linked to the units managed, which
includes the Jail Managers Association
• Responds to and investigates all critical incidents in the Jail
• Proposition 69 Committee participant
• Responsible for the research and subsequent implementation of various projects
related to the seven listed assignment, which includes, but is not be limited to
the gathering of vendor proposals, quotes, agreements, etc., and the drafting of
Council Agenda Reports and related documents
Jail Supervisor:
The Jail Supervisor, a Sergeant, serves as the Department's full-time Jail Supervisor, as
specified in the Title 15 Regulations. Supervises the Jail staff and inmate population,
and maintains the overall facility. Works closely with the California Corrections
Standards Authority, Orange County Health Authority, Juvenile Commission, and other
ATTACHMENT
ATTACHM ENT -A
medical and mental health professionals to assure the Jail is operating within prescribed
guidelines. Additionally, oversees court services and supervises the Court Liaison
Officer (CLO). Along with the CLO, is the Department's point of contact for the Courts,
District Attorney's Office, Orange County Sheriff's Department, and other court and
inmate related entities. He or she is also responsible for the following duties:
• Oversees and monitors the day-to-day operations of the Jail Management
System (JMS), by reviewing Custody Officers' entries, which includes all booking
information, photographs, and other pertinent details related to inmates
• Oversees and monitors the day-to-day operations of the Department's video
system. Produces video copies for the District Attorney's Office, Defense
Attorneys, requests for public disclosures, and Professional Standards Unit
investigations, and independently reviews video involving critical and use of force
incidents in the Jail
• Per Proposition 69, coordinates the collections of DNA samples from all first time
felony arrests, oversees the necessary data entry (done by Custody Officers),
and ships all collected samples to Sacramento for comparison with crime
samples collected and stored in the DNA database
• Acts as the Department's Live Scan Coordinator, by overseeing the automated
fingerprint system
• Responds to and investigates all critical incidents in the Jail
• Serves as the City's False Alarm Hearing Officer, responsible for managing false
alarm charges and related complaints, and coordinates and serves as the City's
hearing officer
• Facilitates and oversees all Jail inspections, which include several State and
County entities, per the laws and regulations that govern Type I Jail Facilities
• Arranges with the court for inmates, one at a time, to be remanded into the
Department's custody for the remainder of their sentence, to act in the capacity
of an inmate -worker (described in more detail under the Custody Officer heading)
Custody Officers (full-time civilian employees):
Custody Officers serve as the Department's Custodial personnel, as specified in the Title
95 Regulations. Their primary duty is to care for and supervise inmates. Each is
responsible for the following duties:
Required to search every inmate brought into the facility in order to collect their
personal belongings. They are to make certain no contraband and/or weapons
are in the possession of an inmate
Required to photograph and fingerprint each inmate and enter the photograph
and the inmate's personal information into the Jail Management System
database. This information is shared internally and with other law enforcement
agencies. The fingerprints are critical and are handled in the following manner:
o Fingerprinting is performed on a digital Live Scan machine, which is
maintained by the county. in addition to fingerprint records, the Live
Scan machine performs a want and warrant check against state and
federal data bases, including Immigration Custom Enforcement (ICE).
Warrants and ICE holds are often obtained during this process
Required to collect the inmate's personal information from various sources, such
as the arresting officers, DMV, Criminal History, Live Scan, and the inmate
themselves. They input that information into the JMS, which also auto -populates
2
ATTACHMENT 2
ATTACHMENT -A
various forms saving the arresting officer's time, Additionally, they maintain
various logs and write Supplemental Reports as needed. This relevant and timely
information is forwarded to the Records Bureau
• Must, by law, evaluate the medical and mental condition of each inmate brought
into the facility. Inmates who are deemed unsuitable for housing in our facility
are sent to the hospital, Orange County Mental Health, or transferred to a more
suitable holding facility
• Responsible for decision regarding the utilization of the safety cell, sobering cell,
regular housing, or transfer to another facilities, which includes Chino Prison,
Parole, Orange County Jail, Immigration Customs Enforcement, etc.
• Each is provided basic training in self defense and use of force. They are
routinely involved in controlling and use of force incidents, in order to maintain a
safe atmosphere and ensure the wellbeing of all inmates
• Each must make key decisions about the disposition of inmates, which include a
Written Promises to Appear, Own Recognizance release, or Release on Bail.
Custody Officers set the amount of bail based on specific guidelines. They work
with Bail Bondsmen and others to collect bail and release inmates with an
appropriate court date. Elements in which they base their decision making on
involve the type of offense, length of sobering period required (if alcohol and/or
drugs are involved), and consultation with the Jail Sergeant or Lieutenant or if not
present, another Department supervisor
• Responsible for acting as a liaison between the Department and ICE Agents.
Custody Officers are instrumental in facilitating immigration holds through ICE.
Some immigration holds are placed via Live Scan (automated fingerprinting),
while others involve the contact of an ICE agent, via telephone, by a Custody
Officer
• Each operates the Jail van and provides transportation services from our facility
to other holding facilities, as needed, Each Custody Officer receives
transportation training
• Per Proposition 69, every first time felony arrest must have a DNA sample
collected by the arresting agency. Each Custody Officer collects these DNA
samples. Data entry is required by the arresting agency --prior to shipping the
DNA samples to Sacramento—that is also handled by the Custody Officers
• Each conducts Court Order Bookings, which mainly involves fingerprinting a
person who responds to the Department on their own. Additionally, many of the
subjects whom are cited and released in the field (e.g. misdemeanor shoplifting
offenders) are required to have their fingerprints taken prior to appearing In court.
These are not included in our booking statistics, by are handled by the Custody
Officers
• Each must supervise inmate -workers, when one is housed. The Jail typically
houses one inmate -worker whom was originally sentence to Orange County Jail.
The inmate -worker lives in our jail on a full-time basis and serves as a worker,
cleaning the facility and preparing and serving meals to inmates
Court Liaison Officer (full-time civilian employee):
Court Liaison Officer is one of the Custody Officers, whom is selected and assigned as
the Department's primary point of contact for the Courts, District Attorney's Office, and
other court related entities; coordinates court paperwork and related activities of
subpoenaed officers; and handles discovery issues and evidence. Every Department in
the county has at least one court liaison officer, some of whom are sworn police officers.
3
ATTACHMENT 2
ATTACHMENT -B
JAIL OPERATIONS
IMPACT OF O.C. JAIL BOOKINGS
Booking Statistics
• CMPD books 5,6011 arrestees per year (three year average)
Travel Time to OC Jail by Officer
• Conservative travel time is estimated at 60 minutes per arrestee—roundtrip
• Travel time (one hour) x Arrests (5,601) = $474,9642 (includes Salary and
Benefits)
Booking Time at OC Jail by Officer
• Conservative booking time is estimated at 60 minutes per arrestee
• Booking time (one hour) x Arrests (5,601) = $474,9643 (includes Salary and
Benefits)
Total impact of travel time and bookings alone = $949,92$
i RFP for Operations of the Costa Mesa Police Department's Type I Jail Facility, p. 1, which used arrest
stats from 2008, 2009, and 2010. Refer to the Background section, under Historical Booking Information,
for details
2 City of Costa Mesa 2010 Compensation Report, utilizing a top -step (not senior officer) officer's Total
Compensation
3 Ibid.
ATTACHMENT 2
ATTACHMENT -C
Possible Impact to Records Bureau by Privatizing the Jail:
Should CMPD elect to privatize the jail and hire a private vendor to provide jail
services, the Records Bureau would be impacted in the following ways as Private
Vendor personnel will not be able to access CLETS. Currently, Jail personnel
access CLETS to obtain the following:
• Currently, warrant checks are conducted, verified and confirmed by
Records Bureau personnel. However, custody officers have access to this
as well and currently run a warrant check on an in -custody arrestee to
streamline the booking process. The impact of Records personnel only
conducting these checks is that the booking process will take longer,
resulting in the arrestee not being processed or released as quickly and
officers could be tied up in the Jail for longer periods of time
• Scilas checks for DNA — same as above.
• Entry of DNA into Scilas (approximate average of 40 per month) may fall
on Records Bureau personnel to do. Depending on how many are
completed daily; it could take a couple of hours to enter if the Records
Technician can focus on Scilas entries only. If the Technician is doing
other Records Bureau duties, it may take all day to complete entries.
Current custody officers request criminal history/rap sheets which are
required for Detention and Release packages, for ICE Holds, and to obtain
the CII numbers for DNA entries, which private vendor personnel would
not be able to receive. This would mean Detention and Release packages
would have to be made by Records personnel.
• Lastly, current custody officers also conduct checks within our own LRMS
system. Private Vendor personnel would have access to this as well.
Something to consider is that LRMS contains Local Summary Criminal
History, which may be a problem for private vendors to access, because
they may not have the type of background checks required by DOJ. If
they cannot access LRMS, they will be calling upon Records Bureau
personnel to obtain the information for them.
Although this is not an impact to the Records Bureau, as a Police
Department we would be held responsible for any information that may be
disseminated illegally by private vendor personnel, outside the scope of
their duties.
ATTACHMENT 3
OPERATION OF THE COSTA MESA POLICE DEPARTMENT'S
TYPE I JAIL FACILITY
REQUEST FOR PROPOSAL (RFP)
Dear Proposers:
The City of Costa Mesa (hereinafter referred to as the "City") is requesting proposals, from a
qualified public entity and/or private firm, to establish a contract for the operation of the City of
Costa Mesa Department's Type I Jail Facility. The term will be for 3 years with 2 one year
options to renew.
1. BACKGROUND
On March 1, 2011, the City Council agreed to move forward with a comprehensive review and
analysis of outsourcing 18 City services, one of which is Jail Operations, as outlined in the
Outsourcing of City Services Council Agenda Report, dated February 24, 2011.
The City has had a Jail since the original construction of the police facility in 1967. The Jail is a
32 -bed, "Type I Jail Facility," as described in the California Code of Regulations, Title 15. The
Jail holds inmates, historically male inmates only, prior to court arraignment and/or pending
release on Bail, Own Recognizance, Written Promise to Appear, etc. The Jail also houses
sentenced inmate -workers, who handle food service and miscellaneous janitorial and
maintenance duties.
Since the inception of the Jail, the City Police Department has maintained a reputation for the
efficient and effective handling of operations, supervision, and management of the facility.
Additionally, the City Police Department is the current entity that ensures suitable hiring and
employing practices are carried out and high performance standards are routinely met.
The City Jail staff is responsible for the safety and well-being of all those in their care and
custody and adheres to all applicable Minimum Standards specified by all applicable Federal and
State requirements, laws and statutes, applicable court orders and the California Corrections
Standards Authority, as applicable to a Type I Jail Facility. Additionally, the Jail staff facilitates
the transportation of inmates to and from court and to and from other holding facilities.
HISTORICAL BOOKING INFORMATION
The Jail staff, on average, conducts well over 400 bookings a month. The statistical breakdown
for the past three years is as follows:
2008 2009 2010
Felony 2,144 1,982 1,681
Misdemeanor 3,840 3,627 3,323
Infraction 40 33 18
Unknown 46 31 38
TOTAL 6,070 5,673 5,060
2 3041024.3
ATTACHMEN73
Moreover, the City Jail books and houses a number of drunk in public arrests, which on average
are about 40 -per month. The statistical breakdown for the past three years is as follows:
2008 2009 2010
Drunk in Public Bookings 525* 494* 408*
*These numbers are included in the overall booking totals listed on the previously page.
In addition to the City Jail booking and housing drunk in public arrests, there are a significant
number of bookings for other drug and/or alcohol related charges. The statistical breakdown for
the past three years is as follows:
2008 2009 2010
Drug and/or Alcohol Bookings 912* 932* 965*
(other than Drunk in Public)
*These members are also included in the overall booking totals listed on the previously page.
A significant number of Costa Mesa arrestees dealt with through the pre -bookings process are
determined to have medical concerns that necessitate a medical clearance, prior to housing, in
order to mitigate liability exposure. For calendar years 2009 and 2010 there was no mechanism
in place for quantifying each individual arrestee who required a medical clearance; however,
there was a mechanism in place for how many days out of each respective year there was at least
one medical clearance per day—the below statistics represent those days.
2009 2010
Days Per Year Medical Clearances Were Required 117 123
I.C.E. LIAISON AND BOOKING INFORMATION
Additionally, the Costa Mesa Police Department Type I Jail Facility has maintained a working
partnership with ICE (Immigrations and Customs Enforcement) since 2006. As a part of this
partnership, Jail Staff has notified ICE representative of foreign born inmates, to which detainers
have been placed, by ICE and through a separate investigation, on those inmates deemed to be
illegal immigrants. The follow statistical breakdown indicates the number of ICE detainers
placed on Costa Mesa Police Department inmates.
2008 2009 2010
ICE Detainers 327* 356* 171*
*These numbers are also included in the overall booking totals listed on the previously page.
2. SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP , 2011
3 3041024.3
Deadline for Written Questions
Responses to Questions Posted on Web
Proposals are Due
Proposal Evaluation Completed
Interview of Short -List
Approval of Contract
3. SCOPE OF WORK
I. SUMMARY
2011
, 2011
2011
2011
2011
(TBD)
The Costa Mesa Police Department's Type I Jail Facility is located at the Costa Mesa Police
Department, 99 Fair Drive, Costa Mesa, CA. The facility consists of six holding cells, with one
sobering cell, two safety cells, and accommodations for two inmate -workers. The facility is
staffed twenty-four hours per day, seven -days per week, and 365 days of the year.
II. GENERAL INFORMATION
The services provided by the Proposer shall comply with all applicable Minimum Standards
specified by all applicable Federal and State requirements, laws and statutes, applicable court
orders and the California Corrections Standards Authority, whether now in effect or hereafter
affected or implemented as applicable to Type I Jail Facilities, and shall include furnishing all
required supervision, labor, clothing, and associated equipment and staff training. Proposer must
be duly licensed in accordance with all security industry requirements for the State of California.
If a private firm is selected, the contractor must obtain a valid City of Costa Mesa business
license. Custody officer services shall be provided seven -days per week, twenty-four hours per
day, and 365 days per year.
III. PROJECT INTENT
The service provided under these specifications shall be of the highest possible caliber.
Proposer's personnel shall be qualified, professional and supervised by knowledgeable, attentive
management, who shall be available on a twenty-four hour, seven-day a week basis. The Firm
shall pay particular attention to its procedures for hiring, training, and providing directions to the
individual custody officers assigned to the City.
IV. COSTA MESA POLICE TYPE I JAIL FACILITY OPERATIONS
The custody officers' responsibilities involve, but are not limited to, receiving, processing,
detaining, monitoring, transporting and/or releasing adults and juveniles arrested or detained by
officers of the Costa Mesa Police Department, and performing other related duties as outlined in
the Costa Police Department Manual and the Costa Mesa Police Department Jail Manual.
4 3041024.3
These specifications are for uniformed, unarmed, and commissioned or non-commissioned
custody officers to be provided at the Costa Mesa Police Department's Type I Jail Facility on a
seven-day per week, twenty-four hour per day schedule.
V. STAFFING REQUIREMENTS
A. Supervisor: The Proposer shall designate one custody officer position as the Post
Commander/Supervisor. The responsibilities of this position shall include direct
supervision of custody personnel and the coordination of custody operations and
training on all shifts. In addition, the position is responsible for record keeping,
safety and equipment inspections, facility inspections by governing entities and
enforcement of all applicable local and state laws, department policies and
mandates. The City's representative must approve of the person initially selected
to fill this position and all future Post Commander/Supervisor position. The Post
Commander/Supervisor must be able to perform the duties of the custody officer
and possess a working knowledge of the laws governing the operation of a Type I
Jail Facility. The Post Commander/Supervisor must have a minimum of three
years of prior experience with similar facility.
B. Custody Officer: The custody officer shall:
1. Be either commissioned or non-commissioned in the State of California
2. Be at least 21 -years of age
3. Have a High School Diploma/GED, or better
4. Have a valid California driver's license
5. Have Custody Protective Officer training
6. Must meet all minimum screening and background checks required for
custody officers
7. Must complete required training and. orientation mandated in this
agreement for custody officers
8. Be First Aid and CPR trained and qualified
9. Have good written and oral communication skills .
10. Be able to prepare written and/or computer-based daily logs and reports of
incidents that have taken place
11. Be responsible for prisoner tracking and booking information
12. Have a professional appearance
13. Be physically able to perform all aspects of the assignment
14. Provide favorable references from previous employers
15. Have an acceptable, prior military check of DD form 214 (if applicable)
16. Have a current social security card
17. Have a current green card (if applicable)
18. Be willing to take a drug test at any time and pass
19. Personnel to be considered for custody officer service shall receive an
initial screening and background check by Proposer, at Proposer's
expense. Selection of custody officer personnel shall include consideration
of character traits, motivation, and ability to perform the mental and
physical tasks normally required of custody officer personnel
20. After thorough screening and interviewing by the Proposer, the applicant
shall be interviewed by a representative of the City, and the City will have
5 3041024.3
final approval of personnel initially assigned to the City and all future
Custody Officer positions resulting from a vacancy fill.
21. Proposer shall institute a procedure for performing background checks that
includes but is not limited to:
a. Employment/Qualifications Verification: Conduct a five (5) year
employer background check to verify the applicant was not
terminated for other than honorable circumstances. Also verify
periods of unemployment.
b. Education: Conduct a review of the schools attended by the
applicant to verify completed educational level. Validate all
references made to completing an "Equivalency Test" for High
School level.
C. Drugs: Conduct a drug screening test to verify non -usage of drugs.
Applicants who are narcotics offenders or use dangerous drags or
use alcohol to an excessive degree will be disqualified.
d. Reference Check: Conduct a minimum of two personal reference
checks.
e. DMV Check: Verify that the applicant has a driving record that
reflects reasonable care and judgment. There should be no
convictions for moving violations showing disregard for public
safety.
f. Criminal History: Conduct a local criminal history check to
verify the applicant has no felony convictions. Additionally, the
applicant must pass the Live scan finger printing process.
g. Wants and/or Warrants: Applicant must be clear of any
outstanding warrants, any prior felony arrests and any crime
involving moral turpitude within five (5) years preceding the date
of the application. The applicant may not be on probation or parole
for any offense.
h. Credit Check: Conduct a standard credit check to determine
financial responsibility. Interview all raters who have given a
negative review.
i. Psychological Review: All custody officers must be found to be
free from any emotional or mental condition which might
adversely affect the exercise of their duties as determined by a
licensed psychologist who has a doctoral degree in psychology and
at least five years of postgraduate experience in the diagnosis and
treatment of emotional and mental disorders. The custody officer
must be found to be free from job -relevant psychopathology,
including personality disorders, and a minimum of two objectively
scored psychological tests must be used to assess psychological
suitability, one normed in such a manner as to identify patterns of
abnormal behavior and the other geared toward assessing
dimensions of normal behavior. A clinical interview is also
required if the test results are inconclusive or suggest that the
candidate should be disqualified.
22. The results of background checks shall be furnished to the City at least 24 -
hours prior to the time the applicant is sent for interview.
6 3041024.3
23. No custody officer working for the successful Proposer will be allowed to
work under an approved agreement unless he/she is approved by the City.
Contractor shall submit to the City and maintain a list of its employees'
names that have been cleared and are or will be assigned to the Costa
Mesa Police Department's Type I Jail Facility. A list should be created, by
the Contractor, which includes at least two employees who can fill
potential vacancies. Employment applications for each employee will also
be submitted to the City.
24. All employees of the Contractor who are not assigned to work at the Costa
Mesa facility must comply with all security rules in place when visiting
the City.
25. Custody officer personnel shall be trained, uniformed and supervised.
Contractor shall provide the uniform and all other items of clothing and
apparel, as required. Uniforms are to be at City's election.
26. Upon termination of a custody officer, all keys, identification badges, gate
remotes, and parking passes will be recovered from such custody officer
by contractor. All items belonging to the City will be turned in
immediately upon termination.
27. Contractor will be required to agree to remove immediately, all
employees, at any location, who fail to follow establish department or
state procedures and/or who are deemed by the City to be unfit to perform
assigned tasks.
VI. TRAINING
The law requires privately operated jails to train personnel in accordance to the training
standards established by regulations adopted by the CSA (Corrections Standards Authority) as
set forth in Subchapter I (commencing with Section 100) of Chapter 1 of Division 1 of Title 15
CCR (commonly known as the STC (Standards and Training for Corrections) Program).
A. Supervisor: The Post Commander/Supervisor shall complete all training requirements, as
outlined in Title 15, Article 3. TRAINING, PERSONNEL, .AND MANAGEMENT, Section
1021. Additionally, the Post Commander/Supervisor shall receive 24 -hours of STC refresher
training, on an annual basis.
B. Custody Officer: Custody officer shall complete all training requirements, as outlined in
Title 15, Article 3. TRAINING, PERSONNEL, AND MANAGEMENT, Section 1020.
Corrections Officer Core Course. Additionally, custody officer shall receive 24 -hours of STC
refresher training, on an annual basis.
Moreover, upon employment, in addition to maintaining First Aid and CPR certification for all
custody officers, Contractor shall provide, at its own expense, a City approved Initial Training
program consisting of approximately 50 -hours of instruction material taken from the Costa Mesa
Police Department Jail Manual plus sufficient on-going training to ensure custody officers
remain up-to-date with changes in custody operations and safety issues. The general categories
of instruction shall include:
1. Orientation to the City of Costa Mesa Police Department
2. Operation liabilities
7
3041024.3
VII
3. Minimum standards
4. Classification and segregation of inmates
5. Emergency procedures
6. Suicide prevention
7. Fire safety
8. Transportation of prisoners
9. Booking and release procedures, which include the automated booking system
(JMS—Jail Management System) and Live scan
10. Security and control
11. Reports and data entry
12. Handling confidential information
13. Court testimony
14. Sexual Harassment
15. Violence in the Workplace
16. All custody officers shall complete eight hours of specialized training required by
Title 15 and Title 24, California Code of Regulations. Such training shall include,
but not be limited to:
a. Applicable minimum jail standards
b. Jail operations liability
C. Inmate segregation
d. Emergency procedures and planning
e. Suicide prevention
i. Such training shall be completed as soon as practical, but in any
event not more than six months after the date of assigned
responsibility. Eight hours of refresher training shall be completed
once every two (2) years. In accordance with the initial training,
Contractor will continue to provide on-going training. The
necessary training will be provided at Contractor's expense. The
post commander shall record and retain a copy of each employee's
training record on site for inspection by the City's representative.
SCHEDULING REQUIREMENTS
The Contractor shall maintain an adequate number of qualified personnel to
perform the custody officer requirements. Contractor will fill any absence or
vacancy immediately, to ensure that minimum staffing is retained at all times.
2. The Contractor will provide additional staffing for events, such as the Orange
County Fair, checkpoints, special holidays, etc. The exact hours and shifts shall be
determined by the City and reported to the Contractor. Sufficient notice shall be
given to the Contractor allowing for the appropriate scheduling.
3. Contractor agrees to staff the Costa Mesa Police Department Type I Jail Facility
with qualified, unarmed, uniformed, and trained personnel sufficient to maintain
staffing year-round, 24 -hours per day, seven -days per week, and 365 -days per
year. Specific schedules will be determined by the needs of the City. In addition,
Contractor shall maintain the availability of at least one additional trained officer
for temporary deployment when needed, to fill any vacancy, within two hours.
The City is not responsible for any potential "on-call" costs.
8 3041024.3
4. Contractor will provide adequate staffing to facilitate the booking, housing,
transportation, and other associated tasks that go along with processing the
aforementioned volume of inmates (specified in the Historical Booking
Information section of this RFP).
VIII. UNIFORMS
Contractor shall provide, at Contractor's expense, all necessary uniforms, associated uniform
articles of clothing agreed upon by both parties and equipment, such as, but not limited to, utility
belts, handcuff holders, keepers, key ring, etc.
XI. SECURITY AND CONTROL
Contractor shall be responsible for providing prisoner security within the Costa Mesa Police
Department's Type I Jail Facility and during transportation by Contractor personnel in
accordance with applicable Minimum Standards specified by all applicable Federal and State
requirements, laws and statutes, applicable court orders and the California Corrections Standards
Authority, whether now in effect or hereafter affected or implemented as applicable to the Type I
Jail Facility and the Costa Mesa Police Department Manual and Costa Mesa Police Department
Jail Manual. Regular security inspections of the facility and prisoners will be conducted and
documented as required by the City. The Contractor's security measures may be reviewed, on a
regular basis, to include facility control, internal and external security, search and seizure
practices, and emergency procedures.
X. EMERGENCY PROCEDURES
The City Jail has in place procedures to follow in the event of an emergency, outlined in the
attached Jail Manual, and shall be adhered to by the Contractor's staff.
XI. USE OF FORCE
The City Jail has in place a use -of -force policy. The Contractor shall follow policy and report all
incidents according to policy and mandates, and provide all associated written reports, in a
timely manner, to the City.
XII. RECORDS
Contractor shall be responsible for the timely completion of all inmate and related records as
required by the City and applicable Minimum Standards specified by all applicable Federal and
State requirements, laws and statutes, applicable court orders and the California Corrections
Standards Authority, whether now in effect or hereafter affected or implemented as applicable to
the Type I Jail Facility. Contractor shall be responsible to maintain all related records to be in
compliance with all County and State regulations and inspections. All such records remain the
property of the City of Costa Mesa.
XIII. RISK MANAGEMENT
Contractor shall be responsible for identifying risk and exposures and the implementation of a
risk management program to deal effectively with them. Major emphasis should be. placed upon
personal safety, control and search procedures, and biohazard issues related to the handling of
9 3041024.3
prisoners. Custody supervisor shall be present during all facility inspections and audits
conducted by governing entities.
XIV. HEALTH AND SAFETY
Contrator shall operate the Costa Mesa Police Department Type I Jail Facility in compliance
with all applicable Minimum Standards specified by all applicable Federal and State
requirements, laws and statutes, applicable court orders and the California Corrections Standards
Authority, whether now in effect or hereafter affected or implemented, relative to safety and
general operations. Regular safety inspections will be conducted and documented as required by
the City. The Contractor will retain on file all completed inspection forms and other related
documents for review.
XV. MAINTENANCE OF TYPE I JAIL FACILITY
Contractor shall be responsible for maintaining the cleanliness and sanitation of the Costa Mesa
Police Department Type I Jail Facility as required by the Department and County Health
Standards. The Post Commander will make available weekly a list of supplies that need to be
provided to carry out the duties and maintenance associated with the Costa Mesa Police
Department's Type I Jail Facility. The Contractor shall maintain a record of all maintenance
activity and provide a copy to the City and/or appropriate inspection authorities upon request.
XVI. USE OF TYPE I JAIL FACILITY
The Jail facility building will not be used as a training site for employees of Contractor destined
for assignment to other accounts/locations.
XVII. SANITATION AND HYGIENE
The Contractor shall provide equipment and supplies to ensure a clean and healthy environment
at all times. Hygiene items must be provided to inmates for their personal use as mandated.
XVIII. FOOD SERVICES
The Contractor's staff will provide food services to all inmates. The meals provided shall adhere
to the applicable Minimum Standards specified by all applicable Federal and State requirements,
laws and statutes, applicable court orders and the California Corrections Standards Authority,
whether now in effect or hereafter affected or implemented as applicable to the Type I Jail
Facility and the Costa Mesa Police Department Manual and Costa Mesa Police Department Jail
Manual.
XIX. PROPERTY
The Contractor will provide for the secure storage of inmate personal property. If the property is
lost or damaged while under the care of the facility, inmates can use the facility's grievance
process to seek reimbursement for the lost or damaged property.
0 3041024.3
ATTACHMENT 3
XX. GRIEVANCE PROCEDURE
The Contractor shall allow inmates access to a reasonable, impartial, and nondiscriminatory
procedure, which includes a final level of appeal to the State. The facility operator is responsible
for responding to grievances on matters occurring during the inmates' incarceration in the City
Jail.
XXI. INMATE SERVICES
The Contractor will be responsible for supplying, at the Contractor's expense, and providing all
required bedding materials as mandated through Minimum Standards specified by all applicable
Federal and State requirements, laws and statutes, applicable court orders and the California
Corrections Standards Authority, whether now in effect or hereafter affected or implemented as
applicable to the Type I Jail Facility and the Costa Mesa Police Department Manual and Costa
Mesa Police. Department Jail Manual.
XXII. CORRESPONDENCE
The Contractor shall allow inmates telecommunication access with Minimum Standards
specified by all applicable Federal and State requirements, laws and statutes, applicable court
orders and the California Corrections Standards Authority, whether now in effect or hereafter
affected or implemented as applicable to the Type I Jail Facility and the Costa Mesa Police
Department Manual and Costa Mesa Police Department Jail Manual. The inmate
telecommunications services, which include City owned telephones required for use as outlined
in section 851.5 of the California Penal Code, and the payphones inside each regular housing
cell, will be provided, maintained, and serviced, at the expense of the City.
XXIII. MEDICAL ATTENTION AND MEDICAL CLEARANCES
Contractor's staff shall ensure that a full medical screening questionnaire is filled out, from the
onset of the booking process, for each inmate screened in the pre -booking process. If there is
medical concern(s) that would preclude the booking of an inmate, as outlined in the Jail Manual,
the booking will be refused and the arresting officer or transporting officer will be directed to
obtain a medical clearance, from a licensed physician, prior to acceptance of the inmate or
officer will be required to book the inmate at another custody facility.
XXIV. I.C.E. LIAISON
The Contractor shall maintain the existing aforementioned working partnership with ICE
(Immigrations and Customs Enforcement). As a part of this partnership, the Contractor, through
the Jail staff, will notify an ICE representative, as needed, in order to facilitate the issuance of
detainers, arrangement of detainee transportation, and/or other mutually related matters.
XXV. CITY CUSTODY VAN
The City will make available the City -owned custody van, to the Contractor and its staff, for the
purpose of transporting City inmates and other business directly related to Jail operations. All
Jail staff members are expected to operate the City -provided custody van in a safe, courteous,
and legal manner at all times. The Contractor will furnish its own full coverage vehicle insurance
as required in the contract. The City will provide maintenance services and fuel.
11 3041024.3
XXVI. TRANSPORTATION
The Contractor shall provide transportation of inmates to and from locations, as needed. The
Contractor will work with the Orange County Sheriff's Department to ensure transportation of
inmates scheduled for arraignments is done at a time(s) suitable for a timely appearance(s). The
Contractor will also provide transportation services for those inmates who are being relocated to
another custody facility, such as Orange County Jail, Huntington Beach City Jail, Santa Ana City
Jail, Anaheim City Jail, etc. Those inmates who must be booked directly into Chino Prison (i.e.
parole violators), will be the responsibility of the City.
XXVII. ADDITIONAL SERVICES
From time to time, the City may request additional custody officer services beyond that which is
specifically set forth herein for such additional work that is mutually agreed upon by City and
Contractor.
XXVIII. OVERALL OPERATIONS
The Contractor, if private, shall operate as a Type I Jail Facility and in compliance with State
statute 6031.6 CPC, which mandates privately operated jails, under contract to public entities
(i.e. counties or cities) to operate in compliance with all appropriate state and local building,
zoning, health, safety, and fire statutes, ordinances and regulations, and with the minimum jail
standards established by regulations adopted by the CSA as set forth in Subchapter 4
(commencing with Section 1000) of Chapter 1 of Division I of Title 15 CCR. (CSA report,
Privately Operated Local Detention Facilities, revised 2/1999)
4. PROPOSAL FORMAT GUIDELINES
Interested contractors are to provide the City of Costa Mesa with a thorough proposal using the
following guidelines:
Proposal should be typed and should contain no more than 20 typed pages using a 12 -point font
size, including transmittal letter and resumes of key people, but excluding Index/Table of
Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order
and content of sections. Proposal should be straightforward, concise and provide "layman"
explanations of technical terms that are used. Emphasis should be concentrated on conforming
to the RFP instructions, responding to the RFP requirements, and on providing a complete and
clear description of the offer. Proposals, which appear unrealistic in the terms of technical
commitments, lack of technical competence or are indicative of failure to comprehend the
complexity and risk of this contract, may be rejected. The following proposal sections are to be
included in the proposer's response:
A. Vendor Application Form and Cover Letter
Complete Exhibit A, "Request for Proposal -Vendor Application Form" and attach
this form to the cover letter. A cover letter, not to exceed three pages in length,
should summarize key elements of the proposal. An individual authorized to bind
the consultant must sign the letter. The letter must stipulate that the proposal
price will be valid for a period of at least 180 days. Indicate the address and
12
3041024.3
telephone number of the contractor's office located nearest to Costa Mesa,
California and the office from which the project will be managed.
B. Background and Protect Summary Section
The Background and Project Summary Section should describe your
understanding of the City, the work to be done, and the objectives to be
accomplished. Refer to Scope of Work of this RFP.
C. Methodology Section
Provide a detailed description of the approach and methodology to be used to
accomplish the Scope of Work of this RFP. The Methodology Section should
include:
1) An implementation plan that describes in detail (i) the methods, including
controls by which your firm manages projects of the type sought by this
RFP; (ii) methodology for soliciting and documenting views of internal
and external stakeholders; (iii) and any other project management or
implementation strategies or techniques that the respondent intends to
employ in carrying out the work.
2) Detailed description of efforts your firm will undertake to achieve client
satisfaction and to satisfy the requirements of the "Scope of Work"
section.
3) Detailed project schedule, identifying all tasks and deliverables to be
performed, durations for each task, and overall time of completion.
4) Detailed description of specific tasks you will require from City staff.
Explain what the respective roles of City staff and your staff would be to
complete the tasks specified in the Scope of Work.
5) Proposers are encouraged to provide additional innovative and/or creative
approaches for providing the service that will maximize efficient, safe, and
cost-effective operations or increased performance capabilities.
6) Firms, individuals and entities wishing to be considered shall include in
their submissions the steps they will, if selected, implement and adhere to
for the recruitment, hiring and retention of former employees of the City
who have been displaced due to layoff or outsourcing of functions and
services formerly provided by the City
D. Staffing
Provide a list of individual(s) who will be working on this project and indicate the
functions that each will perform. Include a resume for each designated individual.
Upon award and during the contract period, if the Contractor chooses to assign
different personnel to the project, the Contractor must submit their names and
13 3041024.3
qualifications including information listed above to the City for approval before
they begin work.
E. Qualifications
The information requested in this section should describe the qualifications of the
Proposer, key staff and sub -contractors performing projects within the past five
years that are similar in size and scope to demonstrate competence to perform
these services. Information shall include:
1) Names of key staff that participated on named projects and their specific
responsibilities with respect to this scope of work.
2) A summary of the your firm's or entity's demonstrated capability,
including length of time that you have provided the services being
requested in this Request for Proposal.
3) If a private firm, provide at least five local references that received similar
services from your firm. The City of Costa Mesa reserves the right to
contact any of the organizations' or individuals listed. Information
provided shall include:
♦ Client Name
♦ Project Description
♦ Project start and end dates
♦ Client project manager name, telephone number, and e-mail
address
4) Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent
information such as internal unaudited financial statements and financial
references to allow the City to reasonably foirmulate a determination about the
financial capacity of the Proposer. Describe any administrative proceedings,
claims, lawsuits, or other exposures pending against the Proposer.
F. Fee Proposal
All proposers are required to used the form in Exhibit D to be submitted with their
proposal.
G. Disclosure
Please disclose any and all past or current business and personal relationships
with any current Costa Mesa elected official, appointed official, City employee, or
family member of any current Costa Mesa elected official, appointed official, or
City employee. Any past or current business relationship may not disqualify the
firm from consideration.
H. Sample Agreement
The firm selected by the City will be required to execute an Agreement for
Services (Agreement) with the City. The form of the Agreement is enclosed as
Exhibit B. If a proposer has any exceptions or conditions to the Agreement,
14 3041024.3
these must be submitted for consideration with the proposal. Otherwise, the
proposer will be deemed to have accepted the form of Agreement. See
Section 13, below.
I. Checklist of Forms to Accompany Proposal
As a convenience to proposers, following is a list of the forms, included as
exhibits to this RFP, that should be included with proposals
(1) Vendor Application Form
(2) Ex Parte Communications Certificate
(2) Price Proposal Form
(3) Disclosure of Government Positions
(4) Disqualifications Questionnaire
5. PROCESS FOR SUBMITTING PROPOSALS
♦ Content of Proposal
The proposal must be submitted using the format as indicated in the proposal
format guidelines.
♦ Preparation of Proposal
Each proposal shall be prepared simply and economically, avoiding the use of
elaborate promotional material beyond those sufficient to provide a complete,
accurate and reliable presentation.
♦ Number of Proposals
Submit one original, three (3) hard copies plus one disk copy of your proposal in
sufficient detail to allow for thorough evaluation and comparative analysis. In the
event of a conflict between the original and any hard copy or disk copy, the
original shall control.
♦ Submission of Proposals
Complete written proposals must be submitted in sealed envelopes marked and
received no later than 4:00 p.m. (P.S T) on , 2011 to the address
below. Proposals will not be accepted after this deadline. Faxed or e-mailed
proposals will not be accepted.
City of Costa Mesa
City Clerk
15 3041024.3
77 Fair Drive
Costa Mesa, CA 92628-1200
RE: Operation of the Costa Mesa Police Department's Type 1 Jail Facility
♦ Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Richard Amadril, Purchasing Supervisor
ramadril@ci.costa-mesa.ca.us
The City reserves the right to amend this RFP prior to the proposal due date. All
amendments, responses to questions received, and additional information will be
posted to the Costa Mesa Procurement Registry, Costa Mesa - Official City Web
Site - Business - Bids & RFP's; proposers should check this web page daily for
new information. The City will endeavor to answer all written questions timely
received no later than , 2011. The City reserves the right not to
answer all questions.
From the date that this RFP is issued until a firm is selected and the selection is
announced, firms are not allowed to communicate outside the process set forth in
this RFP with any City employee other than the contracting officer listed above
regarding this RFP. The City reserves the right to reject any proposal for
violation of this provision. No questions other than written will be accepted, and
no response other than written will be binding upon the City.
♦ Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs
incurred for any services. The City, at its sole discretion, reserves the right to
accept or reject any or all proposals received as a result of this RFP, to negotiate
with any qualified source, or to cancel this RFP in part or in its entirety. The City
may waive any irregularity in any proposal. All proposals will become the
property of the City of Costa Mesa, USA. If any proprietary information is
contained in the proposal, it should be clearly identified.
6. EVALUATION CRITERIA
The City's evaluation and selection process will be conducted in accordance with Chapter V,
Article 2 of the City's Municipal Code (Code). In accordance with the Code, the lowest
responsible bidder will be determined based on evaluation of qualitative factors in addition to
price. At all times during the evaluation process, the following criteria will be used. Sub -criteria
are not necessarily listed in order of importance. Additional sub criteria that logically fit within a
particular evaluation criteria may also be considered even if not specified below.
Qualifications of Firm and Key Personnel -------25%
Includes a firm's ability to provide the requested scope of services, the firm's
financial capacity, recent experience conducting work of similar scope,
complexity, and magnitude for other public agencies of similar size, references.
16 3041024.3
2. Approach to Providing the Requested Scope of Services -------25%
Includes an understanding of the RFP and of the project's scope of services,
knowledge of applicable laws and regulations related to the scope of services.
Price Proposal -----25%
Price Proposals will be evaluated on the basis of the Total Estimated Annual Price
submitted in Exhibit D.
4. Innovative and/or creative approaches to providing the services that provide
additional efficiencies or increased performance capabilities. ----25%
7. EVALUATION OF PROPOSALS AND SELECTION PROCESS
In accordance with its Municipal Code, the City will adhere to the following procedures in
evaluating proposals. An Evaluation/Selection Committee (Committee), which will include
members of the City's staff and possibly one or more outside experts, will screen and review all
proposals according to the weighted criteria set forth above. While price is one basic factor for
award, it is not the sole consideration.
A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City
may reject as non-responsive any proposal that does not include the documents
required to be submitted by this RFP. At any time during the evaluation process,
the City reserves the right to request clarifications or additional information from
any or all Proposers regarding their proposals.
B. Initial Proposal Review
The Committee will initially review and score all responsive written proposals
based upon the Evaluation Criteria set forth above. The Committee may also
contact Proposer's references. Proposals that receive the highest evaluation scores
may be invited to the next stage of the evaluation process. The City may reject
any proposal in which a Proposer's approach, qualifications, or price is not
considered acceptable by the City. An unacceptable proposal is one that would
have to be substantially rewritten to make it acceptable. The City may conclude
the evaluation process at this point and recommend award to the lowest
responsible bidder.
C. Interviews, Reference Checks, Revised Proposals, Discussions
Following the initial screening and review of proposals, the Proposers included in
this stage of the evaluation process may be invited to participate in an oral
interview. Interviews, if held, are tentatively scheduled for , 2011
and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa
Mesa, 92626. This date is subject to change. The individual(s) from Proposer's
firm or entity who will be directly responsible for carrying out the contract, if
awarded, should be present at the oral interview. The oral interview may, but is
17 3041024.3
not required to, use a written question/answer format for the purpose of clarifying
the intent of any portions of the proposal.
In addition to conducting an oral interview, the City may during this stage of the
evaluation process also contact and evaluate the Proposer's references, contact
any Proposer to clarify any response or request revised or additional information,
contact any current users of a Proposer's services, solicit information from any
available source concerning any aspect of a proposal, and seek and review any
other information deemed pertinent to the evaluation process.
Following conclusion of this stage of the evaluation process, the Committee will
again rank all Proposers according to the evaluation criteria set forth above. The
Committee may conclude the evaluation process at this point, and make a
recommendation for award, or it may request Best and Final Offers from
Proposers. The City may accept the proposal or. negotiate the terms and
conditions of the agreement with the highest ranked firm or entity. The City may
recommend award without Best and Final Offers, so Proposers should include
their best proposal with their initial submission
The City may accept the proposal or negotiate the terms and conditions of the
agreement with the highest ranked firm or entity, which shall be determined to be
the lowest responsible bidder. Recommendation for award is contingent upon the
successful negotiation of final contract terms. Negotiations shall be confidential
and not subject to disclosure to competing Proposers unless an agreement is
reached. If contract negotiations cannot be concluded successfiilly within a time
period determined by the City, the City may terminate negotiations and
commence negotiations with the next highest scoring Proposer or withdraw the
RFP.
8. PROTEST PROCEDURES
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests
based upon restrictive specifications or alleged improprieties in the proposal procedure which are
apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in
writing with the Purchasing Supervisor at least 3 calendar days prior to receipt of proposals. The
protest must clearly specify in writing the grounds and evidence on which the protest is based.
Protests based upon alleged improprieties that are not apparent or which could not reasonably
have been discovered prior to submission date of the proposals, such as disputes over the staff
recommendation for contract award, shall be submitted in writing to the Purchasing Supervisor,
within forty-eight hours from receipt of the notice from the City advising of staff's
recommendation for award of contract. The protest must clearly specify in writing the grounds
and evidence on which the protest is based. The Purchasing Supervisor will respond to the
protest in writing at least three days prior to the meeting at which staff's recommendation to the
City Council will be considered. Should Proposer decide to appeal the response of the
Purchasing Supervisor, and pursue its protest at the Council meeting, it will notify the
Purchasing Supervisor of its intention at least two days prior to the scheduled meeting.
8 3041024.3
ATTACHMENT 3
9. CONFIDENTIALITY
The California Public Records Act (Cal. Govt. Code Sections 6250, et seq.) mandates public
access to government records. Therefore, unless information is exempt from disclosure by law,
the content of any request for explanation, exception, or substitution, response to this RFP,
protest, or any other written communication between the City and Proposer, shall be available to
the public.
If Proposer believes any communication contains trade secrets or other proprietary information
that the Proposer believes would cause substantial injury to the Proposer's competitive position
if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary
information by marking each page containing such proprietary information as confidential.
Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as
confidential.
Submission of a proposal shall indicate that if Proposer requests that the City withhold from
disclosure information identified as confidential, and the City complies with the Proposer's
request, Proposer shall assume all responsibility for any challenges resulting from the non-
disclosure, indemnify and hold harmless the City from and against all damages (including but
not limited to attorney's fees that may be awarded to the party requesting the Proposer
information), and pay any and all cost and expenses related to the withholding of. Proposer
information. Proposer shall not make a claim, sue, or maintain any legal action against the City
or its directors, officers, employees, or agents concerning the disclosure, or withholding from
disclosure, of any Proposer information. If Proposer does not request that the City withhold from
disclosure information identified as confidential, the- City shall have no obligation to withhold
the information from disclosure and may release the information sought without any liability to
the City.
10. EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives should not communicate with the City Council
members about this RFP. In addition, Proposers and Proposers' representatives should not
communicate outside the procedures set forth in this RFP with an officer, employee or agent of
the City, including any member of the evaluation panel, with the exception of the Purchasing
Supervisor, regarding this RFP until after Contract Award. Proposers and their representatives
are not prohibited, however, from making oral statements or presentations in public to one or
more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers,
directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's
proposal, and any individual or entity who has been requested by the Proposer to contact the City
on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Exhibit C)
with their proposals certifying that they have not had prohibited communications as described in
this section.
11. CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not
acquire any interest which would present a conflict of interest under California Government
19 3041024.3
Code sections 1090, et seq. or sections 87100, et seq. during the performance of services under
this Agreement. The Proposer further covenants that it will not knowingly employ any person
having such an interest in the performance of any Agreement awarded. Violation of this
provision may result in any Agreement awarded being deemed void and unenforceable.
12. DISCLOSURE OF GOVERNMENTAL POSITION
In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the
City, the City requires that all Proposers disclose in their proposals any positions that they hold
as directors, officers, or employees of any governmental entity. Additional disclosure may be
required prior to contract award or during the term of the contract. Each Proposer shall disclose
whether any owner or employee of the firm currently hold positions as elected or appointed
officials, directors, officers, or employees of a governmental entity or held such positions in the
past twelve months using the attached "Disclosure of Government Positions Form." (See Exhibit
F.)
13 CONDITIONS TO AGREEMENT, IF ANY.
The selected Proposer will execute an Agreement for Services with the City describing the Scope
of Services to be performed, the schedule for completion of the services, compensation, and
other pertinent provisions. The contract shall follow the sample form of Agreement provided as
Exhibit B to this RFP, which may be modified by City. All Proposers are directed to particularly
review the indemnification and insurance requirements set forth in the sample Agreement.
The terms of the agreement, including insurance requirements have been mandated by City
Council and can he modified only if extraordinary circumstances exist. Submittal of a
proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample
Agreement for Services unless the Proposer includes with its proposal, in writing, any conditions
or exceptions requested by the Proposer to the proposed Agreement. In accordance with the
Municipal Code, the City may consider the scope and number of conditions in evaluation of
proposals and determining the lowest responsible bidder.
14. DISQUALIFICATION QUESTIONNAIRE
Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire
inquiring whether a Proposer, any officer of a Proposer, or any employee of a Proposer who has
a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise
prevented from proposing on, or completing a federal, state, or local government project because
of a violation of law or safety regulation and if so, to explain the circumstances. A proposal may
be rejected on the basis of a Proposer, or any officer or employee of such Proposer, having been
disqualified, revmoved, or otherwise prevented from proposing on, or completing a federal, state,
or local project because of a violation of law or a safety regulation. See Exhibit E.
15. STANDARD TERMS AND CONDITIONS
♦ Amendments
The City reserves the right to amend this RFP prior to the proposal due date. All
amendments and additional information will be posted to the Costa Mesa
20
3041024.3
ATTACHMENT 3
Procurement Registry, Costa Mesa - Official City Web Site -Business - Bids &
RFPs; Proposers should check this web page daily for new information.
♦ Cost for Preparing Proposal
The cost for developing the proposal is the sole responsibility of the Proposer. All
proposals submitted become the property of the City.
♦ Insurance Requirements
City requires that licensees, lessees, and vendors have an approved Certificate of
Insurance (not a declaration or policy) or proof of legal self-insurance on file with the
City for the issuance of a permit or contract. Within ten (10) calendar days of award
of contract, the successful Proposer must furnish the City with the Certificates of
Insurance proving coverage as specified within Exhibit B.
21 3041024.3
Exhibit A
REQUEST FOR PROPOSAL
Operation of the Costa Mesa Police Departments Type I Jail Facility
VENDOR APPLICATION FORM
TYPE OF APPLICANT: ❑ NEW ❑ CURRENT VENDOR
Legal Contractual Name of Corporation:
Contact Person for Agreement:
Corporate Mailing Address:
City, State and Zip Code:
E -Mail Address:
Phone:
Fax:
Contact Person for Proposals:
Title: E -Mail Address:
Business Telephone:
Business Fax:
Is your business: (check one)
❑ NON PROFIT CORPORATION ❑ FOR PROFIT CORPORATION
Is your business: (check one)
❑ CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP
❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP
❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts)
1 of 2
Names
Federal Tax Identification Number:
Title Phone
City of Costa Mesa Business License Number:
(If none, you must obtain a Costa Mesa Business License upon award of contract.)
City of Costa Mesa Business License Expiration Date:
2 of 2
ATTACHMENT 3
Exhibit B
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 2011 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant as described herein below;
and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Sdope of Services. Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, Consultant will be representing the City, and all of its actions, communications,
or other work, during its employment, under this contract is under the direction of the City.
Consultant also warrants that it is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. No personnel providing services to the City under this
Agreement shall be allowed to work under this agreement unless he/she is approved by the City.
City also has the right to require Consultant to remove personnel from service under this
Agreement upon demand of the City based on performance deficiencies or misconduct of any
kind.
1.3. Warrqqiy. Consultant warrants that it shall perform the services required by this
3058520.1
ATTACHMENT 3
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. [TBD]
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method 'of Billing. Consultant may submit invoices to City's designated
supervisor for approval on a progress basis, but no more often than two times a month. Said
invoice shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the
date City receives said invoice. Each invoice shall describe in detail, the services performed and
the associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
2 3058520.1
ATTACHMENT 3
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of thirty-six months ending on , 2012, unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties. At the end of the term period,
Consultant and City may mutually agree, in writing, to renew the contract for up to two term
periods of one (1) year each.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
3 3058520.1
ATTACHMENT 3
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Public Liability and Property Damage Liability Insurance: Operator
shall procure a policy or policies of Commercial General liability
insurance issued on an "occurrence" basis. Such insurance shall protect
operator against loss, including injury or death resulting therefrom
suffered or alleged to have been suffered by any person or persons,
resulting directly or indirectly from the performance or execution of this
Agreement or any subcontract thereunder. Operator's insurer shall be an
approved carrier in the State of California with an A.M. Best's rating of
"A" VII or better. Property damage insurance shall also protect Operator
against loss from liability imposed by law for damage to any property
caused directly or indirectly by the performance or execution of this
Agreement or any subcontractors thereunder. Liability insurance (subject
to the normal terms, conditions, and exclusions of the Commercial
General Liability Coverage Form — Criminal Justice system operations)
must cover:
i. Assumption of Liability: Operator's assumption of all liability caused
by or arising out of all aspects of the provision and operation of the
Jail.
ii. Form, Limits: The policy or policies for the insurance identified
above must be of a comprehensive form and on an "occurrence basis"
with a per occurrence limit of not less than Ten Million Dollars
($10,000,000) and a general aggregate limit of not less than Ten
Million Dollars ($10,000,000) and include civil rights coverage as set
forth below, with the same limits.
iii. Policies must not contain any exclusions for discrimination and/or
violations of civil right
(b) Automobile Insurance: Operator shall obtain and maintain Automotive
Liability Insurance, on an occurrence basis, which will cover any vehicle
owned, leased, hired, borrowed or operated by Operator or its employees
which are used in the performance of duties under this Agreement. The
insurance shall have a combined singled limit of not less than One Million
Dollars ($1,000,000) for each accident.
(c) Workers' Compensation: Operator shall obtain Workers' Compensation
Insurance, including employer's liability coverage, with a minimum limit
of One Million Dollars ($1,000,000) or the amount required by law,
whichever is greater. If any work is sublet, Operator shall require the
subcontractor to provide similar Workers' Compensation Insurance
coverage, unless such subcontractor's employees are covered by the
Operator's insurance. Operator agrees to indemnify City for any damage
resulting to it from any failure of either Operator or any subcontractor to
4 3058520.1
ATTACHMENT
take out or maintain such insurance. Operator agrees to waive, and obtain
endorsements from its workers' compensation insurer waiving,
subrogation rights under its workers' compensation insurance policy
against the CITY and to require each of its subcontractors, if any, to do
likewise under their workers' compensation insurance policies.
(d) Professional Liability Insurance: Professional Liability in an amount not
less than Ten Million Dollars ($10,000,000) per occurrence; Insurance
companies must be acceptable to City and have an A.M. Best's rating of
"A" VII or better as approved by the CITY. Policy must not contain any
exclusions for discrimination and/or civil rights violations. For any
professional liability policy written on a "claims made" basis, the policy
shall be continued in full force and effect at all times during the term of
this agreement, and for a period of not less than three (3) years from the
date of completion of services hereunder. In the event of termination,
cancellation, or material change of the policy during this period,
Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing services under
the terms of this agreement. The coverage shall be evidenced by either a
new policy evidencing no gap in coverage, or obtaining separate extended
"tail" coverage with the present or new carrier. Evidence of coverage shall
be submitted to the City.
(e) Fidelity Insurance: Operator shall procure and maintain, at its sole cost
and for the duration of this Agreement, fidelity insurance in an amount not
less than one Million Dollars ($1,000,000) per occurrence with an
aggregate of One Million Dollars ($1,000,000). Fidelity Insurance must .
include client coverage and the CITY must be listed as loss payee.
5.2. Endorsements:
(a) All insurance policies shall contain a Waiver of Subrogation of Rights
against the City.
(b) Additional Insured: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City" on the policies
of comprehensive general liability, civil rights liability, property damage,
automobile liability and excess liability coverages by endorsement.
(c) Primary Insurance: Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
the policies of this agreement.
(d) Notice: Said policies shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City.
5 3058520.1
ATTACHMENT 3
5.3 Clauses - Each policy of insurance shall contain the following clauses:
(a) Civil Rights Coverage: Insurance provided by operator under A, Liability
Insurance, must protect the City and its elected and appointed boards,
officers, agents, and employees against civil rights actions and/or
discrimination actions by Inmates involving "conditions of confinement"
wherein declaratory and injunctive -relief are sought and/or monetary
damages are sought.
(b) Separate Application: Subject to Operator's General Liability policy
combined single limit, the insurance afforded applies separately to each
insured, against whom claim is made, or suit is brought:
(c) If any of such policies provide for a deductible or self-insured
retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy
of insurance issued as to which the City is an additional insured shall
contain a provision which requires that no insured except the named
insured can satisfy any such deductible or self-insured retention.
(d) Deductibles and Self -Insured Retention: any change in the deductibles
must be declared to and approved by CITY. Any self-insured retention
and/or deductible must be declared to and approved by the CITY.
5.4 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
5.5. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.6. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
3058520.1
City for purposes of this Agreement and
agreements on behalf of the City, called for
provided in this Agreement.
ATTACHMENT 3
may issue all consents, approvals, directives and
by this Agreement, except as otherwise expressly
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Consultant
12345 Jefferson Rd.
Costa Mesa, CA 92626
Tel: 555-555-5555
Fax: 555-555-5555
Attn:
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"B" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys,' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
7 3058520.1
ATTACHMENT 3
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indemnify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indemnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Contract by
the Contractor (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations
shall apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of Indemnitees, or any of them, and whether or not
such Indemnitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal
injuries, wrongful death, mental or emotional distress, loss of consortium, damage to or loss of
use of real, personal or intangible property of any kind, loss of income, loss of earning capacity,
and business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys
fees, and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes,
without limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising
from allegations of violations of any federal, State, or local law or regulation, and from
allegations of violations of Consultant's or its subcontractor's personnel practices or from any
allegation of an injury to an employee of the Consultant or subcontractor performing work or
labor necessary to carry out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate,
abridge or otherwise reduce any other obligation of indemnity the Consultant may have with
respect to the City which may otherwise exist. If any judgment is rendered against the City or
any of the other individuals enumerated above in any such action, the Consultant shall, at its
8 3058520.1
ATTACHMENT 3
expense, satisfy and discharge the same. This indemnification shall survive termination or
expiration of this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11 PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
(collectively referred to as "confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
9 3058520.1
ATTACHMENT
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the Proposal, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the Proposal.
6.17. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.19. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver: The delay or failure of either party at any time to require performance or
10 3058520.1
ATTACHMENT 3
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.25. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Mayor
CONSULTANT
Signature
Name and Title
Date:
Date:
11 3058520.1
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
ATTACHMENT 3
Date:
Date:
Date:
12 3058520.1
ATTACHMENT 3
EXHIBIT A
CONSULTANT'S PROPOSAL
13 3058520.1
ATTACHMENT 3
EXHIBIT B
CITY COUNCIL POLICY 100-5
14 3058520.1
ATTACHMENT 3
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will
provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of
Federal funds under a variety of programs, is required to abide by this Act. The City Council has
expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools
and other activities in support of a drug-free community. This policy is intended to extend that
effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs
in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that
the following provisions are included in all contracts and agreements entered into by the City of
Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
15 3058520.1
ATTACHMENT 3
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A, that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health agency, law enforcement, or other appropriate agency;
16 3058520.1
ATTACHMENT 3
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon
issuance of any final decision under this section requiring debarment of a contractor
and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any
contract, agreement or grant from the City of Costa Mesa for a period specified in the
decision, not to exceed five (5) years. Upon issuance of any final decision
recommending against debarment of the contractor and/or sub -grantee, the contractor
and/or sub -grantee shall be eligible for compensation as provided by law.
17 3058520.1
ATTACHMENT
EXHIBIT C
CERTIFICATES OF INSURANCE
18 3058520.1
ATTACHMENT 3
Exhibit C
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one
statement.
I certify that Proposer and Proposer's representatives have not had any communication with a
City Councilmember concerning the Jail Operations RFP at any time after , 2011.
OR
I certify that Proposer or Proposer's representatives have communicated after ,
2011 with a City Councilmember concerning the Jail Operations RFP. A copy of all
communications is attached to this form for public distribution.
3060657.1
ATTACHMENT 3
Exhibit D
PRICING PROPOSAL FORM
OPERATION OF THE COSTA MESA POLICE
DEPARTMENT TYPE I JAIL FACILITY
Provide hourly rates, along with estimated annual pricing in accordance with the City's
current requirements, as set forth in section VII. SCHEDULE REQUIREMENTS. (These
hours are subject to fluctuation, but shall be used for the purpose of pricing comparison.)
Also provide your firm's proposed Staffing Plan on a separate sheet of paper.
Pricing shall remain firm for a minimum of one and one half (1.5) years. Any and all requests for
pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty
(60) days prior to the end of the contract period. Any such proposed price adjustments shall not
exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -
Riverside -Orange County, CA, All Items, Not Seasonally Adjusted, "annualized change
comparing the original proposal month and the same month in the subsequent year. (This
information may be found on the U.S. Department of Labor's website at www.bls.gov.)
Employee Hourly Rate Overtime rate
Supervisor $ $
Custody Officer $ $
Supervisor Hourly Rate x 40 hours/week x 52 weeks/ ear $
Custody Officer Hourly Rate x 400 hours/week x 52 weeks/ ear $
Total Estimated Annual Price $
ATTACHMENT 3
Exhibit E
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has
proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
3060775.1