HomeMy WebLinkAboutAgenda - 12-10-2013 - 7a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 10, 2013
Action Agenda
Item No. 7-a
SUBJECT: Assessment of Jail Alternatives and Jail Development
DEPARTMENT: County Manager and Asset PUBLIC HEARING: (Y/N) No
Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1) Site Locator Jeff Thompson, 919-245-2658
2) Jail Excerpt from FY2013-18 Cheryl Young, 919-245-2307
Capital Investment Plan
3) October 1, 2013 BOCC Meeting
Action Agenda Item Abstract
4) Professional Services Agreement
Jail Alternatives
5) Professional Services Agreement
Jail Programming Development
6) Schematic Jail Project Budget
PURPOSE: To:
1) Receive a progress update regarding the Orange County Jail development;
2) Approve a professional services agreement with Solutions for Local Government in the
amount of$24,665 to consult with the County regarding jail alternatives; and
3) Approve a professional services agreement with Solutions for Local Government in the
amount of $26,400 to consult with the County regarding jail facility programming, design
guideline development, integration of potential jail alternative programs, and architectural
design selection process development.
BACKGROUND:
Land Lease Execution — In October 2012, the North Carolina Council of State ("COS")
approved a 50 year Land Lease with Orange County for the purpose of a permanent Orange
County jail facility. The Board of County Commissioners authorized the execution of the Lease
in June of 2013. Governor Pat McCrory completed the full execution of the lease on September
47 2013, marking the "Effective Date" of the Lease.
Attachment 1, "Site Locator', illustrates the 6.8 acre leased parcel adjacent to the Orange
Correctional Center managed by the State. This arrangement provides adequate space for a
facility that may accommodate up to 250 inmates and allows the existing jail facility to be re-
purposed for other uses.
2
The consideration for the 50 year term of the Land Lease is $1.00. The County will provide for
all development, design, construction and operations for the facility throughout the term. At the
end of the 50 year term, the County may choose to approach the Council of State for a renewal
of the Lease that is in the County's best interest.
The terms of the Lease allow a thirty-six month period for the County to design and begin
construction of the jail facility, and an additional thirty-six month period to finish construction and
begin operation of the facility.
The FY2013-18 Capital Investment Plan (Attachment 2) estimates a total capital project
development cost of$30 million for the facility.
In anticipation of the new jail, the BOCC established an Assessment of Jail Alternatives Work
Group to undertake a comprehensive assessment of jail alternatives programs and the impact
each program may have on inmate population. The BOCC requested that the Work Group
review the charge set forth in Attachment 3 and recommend whether changes to the charge
were needed. The Work Group reviewed the charge and recommends the charge be expanded
to include additional program evaluation and evaluation of certain processes that may impact jail
populations. The expanded charge is set forth in the scope of work set forth in the Professional
Services Agreement Jail Alternatives included in Attachment 4.
Staff recommends Solutions in Local Government assist the County in assessing the
alternatives to incarceration and the processes that may impact the jail population.
Development Progress — Since September staff has coordinated the necessary boundary
survey, environmental site assessment, initial geotechnical assessment, and title work to inform
the architectural and engineering design activities contemplated to begin in the spring of 2014.
Staff intends to complete this initial development work in the next few weeks.
Staff recommends that Solutions in Local Government assist the County in developing a set of
facility programming and design criteria to inform the most effective selection process for the
professional services design firm that will be charged with designing and overseeing
construction of the facility.
Developing the facility programming guidelines in advance of the architect selection benefits the
County by: 1) first allowing pertinent County staff (Sheriff, Courts, Asset Management Services)
to work on a program without the pressure of building biases inherent with programming with the
ultimate design team; 2) allowing a more effective selection process for the design team since
the major programming and operations decisions would already be selected and validated
(thereby allowing the focus of the selection process to truly focus on the actual qualifications of
the design candidates); and 3) providing the most return on investment since the prospective
consultant is working with the Jail Alternatives Work Group in developing effective programs that
directly affect the design and programming of the jail facility (as well as potential uses of the
existing jail facility in downtown Hillsborough), pending final Board approval of the work group's
charge.
The updated estimated timeline for the development, construction, and operation of the facility is
as follows:
3
TASK PROPOSED END BY
BEGINNING DATE
DATE
Board of County Commission Action: 6/18/13 6/18/13
Approval of Lease Agreement between Orange County and the State
of North Carolina during regular meeting agenda
Governor execution of Lease, marking the Effective Date of the Lease 9/4/13 9/4/13
Board of County Commission Action: Facility Programming 12/10/13 12/10/13
Consultant authorization-Solutions in Local Government
Project programming, Designer Selection Process 12/11/13 3/30/14
Board of County Commission Action: Award of Project Designer April 2014
professional services agreement
Board of County Commission Action: Approval of Schematic September 2014
Design, authorization to develop construction documents,
submit for regulatory review and bid project
Project construction document preparation (est. 6 month duration) 9/2014 3/2015
Regulatory review, permitting process, bid process (est.15 month 3/2015 9/2016
duration)
Board of County Commission Action: Approval bid award to 9/2016 9/2016
construct project
Project Construction and Commissioning ( est. 36 month duration) 9/2016 9/2019
FINANCIAL IMPACT: The Manager's recommended Capital Investment Plan contemplated a
budget of $30 million for this project. FY2013-14 appropriations of $250,000 will accommodate
the costs for the services of Solutions in Local Government for work with the Jail Alternatives
Work Group as well as for the portions of the initial site programming and schematic design
work proposed to be completed by Solutions in Local Government.
Accepted market costs for jail facility programming typically amount to .05% of the construction
cost of the project, which is estimated to be $125,000 for a $25 million project. The combined
proposed fee of $51,065 for Solutions in Local Government in supporting project programming
and jail alternative evaluations is less than half of the market expectation for jail facility
programming.
RECOMMENDATION(S): The Manager recommends the Board:
1) Receive a progress update regarding the Orange County Jail development;
2) Approve a professional services agreement with Solutions for Local Government in the
amount of $24,665 to consult with the County regarding Jail Alternatives; and
3) Approve a professional services agreement with Solutions for Local Government in the
amount of $26,400 to consult with the County regarding jail facility programming, design
guideline development, integration of potential jail alternative programs, and architectural
design selection process development.
Attachment 1
Ill
{�..• �Pi F ifs
�, a .: � @�- "' • � :
v
ti a i�
4
a. Fence il
w 6.8 acre 7
• Potential -,x �` •.
Parcel Boundary fi z
' S
a�
poll
r
�w
d
`
W►. �. i�€" ���d � +
r
.V
%'
0 100 200 400
Orange County Soto FDann g
� Setbacks arl Distances
A kl
ONE COMPANY I Many Solutions, orange County I Corrections Center I Site Planning
,
5
Attachment 2
County Capital Projects
Fiscal Years 2013 -18
Project Name
Proposed Jail
Project Status
Proposed
Functional Service Area
Governing and Management
Starting Date
Operations
7/1/2013
Department
Asset Management Services
Completion Date
613012018
24,000
Current
144,000
Year 1
Year 2 Year 3
Year 4
Year 5
Five
Year 6
264,000
Prior Years Fiscal Year
Fiscal
Year
Fiscal Year Fiscal Year
Fiscal Year
Fiscal Year
Year
to
Project Budget
Funding 2012 -13
2013 -14
2014 -15 2015 -16
2016 -17
2017 -18
Total
Year 10
Appropriation
72,000
144,000
264,000
14,520,000
Transfer from Projects
Land /Building
Debt Financing
250,000
500,000
500,000
-
30,250,000
Professional Services
250,000 24,000
524,000
250,000
500,000
500,000
14,520,000
1,250,000
Construction /Repairs/Renovations
29,000,000
29,000,000
EquipmenbFumishings
Total Project Budget
- -
250,000 - 500,000 500,000 29,000,000 30,250,000
1 -
General Fund Related Operating Costs
Personnel Services
Operations
New Debt Service
24,000
24,000
72,000
144,000
264,000
14,520,000
- 24,000
24,000
72,000
144,000
264,000
14,520,000
Total Operating Costs
Revenues/Funding Source
General Fund - Debt Service
24,000
24,000
72,000
144,000
264,000
14,520,000
Transfer from Projects
Debt Financing
250,000
500,000
500,000
29,000,000
30,250,000
250,000 24,000
524,000
572,000
29,144,000
30,514,000
14,520,000
Total - -
Project Description /Justification
In October, 2012, NC Council of State authorized issuance of a 50 year land lease to Orange County for approximately 6.8 acres for construction of this facility. A
consultant has been retained to evaluate the site and determine the best configuration of the potential site, along with whatever constraints (environmental /regulatory for
example) that might impact the development. Site related planning costs have been included at $250,000 for FY 2013 -14. Construction cost estimates from firms in the
business of building detention facilities range from $80,000 to $120,000 per bed. The newjail is intended to house a minimum of 250 prisoners and contain support
spaces needed for such a facility. While the estimate may be reduced at some point in the future as the project is more firmly developed, funding at the $120K per bed
level has been included in this request. Site Design costs are included in FY 15 -16, and Architectural /Engineering costs are included in FY 16 -17, with construction costs
in FY 17 -18.
P061
ATTACHMENT 3 6
ORANGE COUNTY
CopyBOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October
Action Agenda
Item No. 11-a
SUBJECT: Appointments to the Assessment of Jail Alternatives Work Group
DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT:
Membership Roster Clerk's Office -919-245-2130
Invitation Email to Participate in Work Cheryl Young —Assistant County Manager
Group
PURPOSE: The Board will consider making/confirming appointments to the Assessment of Jail
Alternatives Work Group.
BACKGROUND: The Orange County Board of Commissioners created an Assessment of
Jail Alternatives Work Group at their regular meeting on September 5th. The Board said that
before planning of a new jail begins, a comprehensive assessment of jail alternative programs
needs to be completed and that the creation of such a work group to address alternatives to
incarceration programs and the impact each program may have on inmate population could be
a feasible solution.
The proposed charge for the Jail Alternatives Work Group is to investigate and make
recommendations to the Board of County Commissioners concerning alternatives to
incarceration programs operating in Orange County and review the impact each program may
have on the inmate population of the Orange County Jail. Including but not limited to the
following programs:
• Pretrial Release
• Pretrial Diversion
• Drug Court
• Family Court
• Adult Probation
1. Analysis of program history organization purpose and objectives
2. Collection and analysis of program data, statistics, participation, and outcomes.
3. Analysis of program impact on inmate population.
7
The Work Group is directed to submit a Report back to the Board of County Commissioners by
March 31, 2014.
FINANCIAL IMPACT: To be determined.
RECOMMENDATION(S): The Manager recommends for the Board to make/confirm
appointments to the Assessment of Jail Alternatives Work Group.
8
Position Special Representation Appointee/Designee
Number
1 Senior Resident Superior Judge Fox/Judge Baddour
Court Judge or Designee (1)
2 Chief District Court Judge or Judge Buckner/Marie Lamoureaux
Designee (1) Programs and Special Projects Manager
District Court Judges' Office
3 District Attorney or Designee Jim Woodall – District Attorney
1
4 Public Defender or Designee James Williams-Public Defender
1
5 Clerk of Court or Designee James Stanford- Clerk of Court
1
6 Orange County Sheriff or Sheriff Lindy Pendergrass
Designee 1
7 Municipal Police Chief (1) Chief Chris Blue from Chapel Hill
8 Jail Administrator or Jail Administrator John Sellew/Deputy Jail
Designee (1) Administrator David Bolton
9 Department of Social Nancy Coston – DSS Director
Services representative (1)
10 Mental Health representative Debra Farrington-Executive Director
(1) Cardinal Innovations Healthcare Solutions-
OPC/Alternate- Tom Velivil
11 Faith Community Nkosi Mtumwa- Trustee—First Community
representative (1) Missionary Baptist Church
12 Project to End Homelessness Jeff Nieman, Orange County DA's office
representative (1) and Vice Chair of the Leadership Team of
the Partnership to End Homelessness
13 Adult Probation (1) Aries Cox – awaiting direction from District
Manager
14 Drug treatment (1) Courtney Kennedy, Coordinator
Drug Treatment Court
15/16 Board of County Chair Jacobs and Commissioner Pelissier
Commissioners 2 Commissioner Price-Alternate
17/18 Client 1/2 TBD
19 Staff/Legal Support Cheryl Young- Assistant County Manager
9
I
Donna Baker
Subject: FW:Assessment of Jail Alternative Work Group -Board of Commissioners
From: Donna Baker
Sent: Thursday, September 12, 2013 10:08 AM
To: 'carl.r.fox @nccourts.org'
Cc. Cheryl Young
Subject: Assessment of Jail Alternative Work Group -Board of Commissioners �
Elected Officials/Court Administrators/Community Representatives/Staff:
The Orange County Board of Commissioners created an Assessment of Jail Alternative Work
Group at their regular meeting on September 5fh. The Board said that before planning of a new jail
begins, a comprehensive assessment of jail alternative programs needs to be completed and that the
creation of such a work group to address alternatives to incarceration programs and the impact each
program may have on inmate population could be a feasible solution.
l
The proposed charge for the Jail Alternatives Work Group is to investigate and make
recommendations to the Board of County Commissioners concerning alternatives to incarceration
programs operating in Orange County and review the impact each program may have on the inmate
population of the Orange County Jail. Including but not limited to the following programs:
• Pretrial Release
• Pretrial Diversion
• Drug Court
• Family Court
• Adult Probation
1. Analysis of program history organization purpose and objectives j
2. Collection and analysis of program data, statistics, participation, and outcomes.
3. Analysis of program impact on inmate population.
The Work Group is directed to submit a Report back to the Board of County Commissioners by March
31, 2014.
I
The following is the work group composition:
Assistant Orange County Manager— Coordinator
Senior Resident Superior Court Judge or Designee 1
Chief District Court Judge or Designee 1
District Attorney or Designee 1
Public Defender or Designee 1
Clerk of Court or Designee 1
Sheriff or Designee 1
Municipal police chief or designee 1
r
10
Jail Administrator or Designee 1
Department of Social Services representative 1
Mental Health representative 1
Faith Community representative 1
Project to End Homelessness representative 1
Staff/Legal Support 1
Client- 1 or 2— The Commissioners want a client(s) who can work in a group, can articulate challenges
they perceive in being treated fairly and efficiently in the current framework, and perhaps has first-
hand experience with alternative sentencing or treatment programs.
Adult Probation 1
Drug treatment 1
County Commissioners 2
i
In naming an appointee or designee, please keep in mind the Board of Commissioner's
goal of having all work groups reflect Orange County's diversity.
l
If you would please let me know Vour appointed person and/or his/her designee and contact
information no later than Friday, September 27 2013.
You may email this information to dbaker@a co.orange.nc.us.
i
Donna Baker
Clerk to the Board
P.O. Box 8181
200 South Cameron St.
Hillsborough, N.C. 27278
Phone: (919) 245-2130
Fax: (919) 644-0246
Cell: (919)428-3212
dbaker @orangecountvnc.gov
i
2
11
Attachment 4
[Departmental Use Only]
TITLE Jail Alternatives
FY FY2013-14
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
ORANGE COUNTY
This Services Agreement (herinafter "Agreement"), made and entered into this 10th day of
December, 2013, ("Effective Date") by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina (hereinafter, the "County") and Solutions for
Local Government, Inc., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Assessment of Jail Alternatives Programs as described
in detail according to the attached proposal dated November 22, 2013, entitled
"Scope of Services & Work Plan Outlines for (2) Assessment of Jail Alternative
Programs"
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
Revised 9/13
1
12
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vii) In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Assessment of Jail Alternatives Programs as
described in detail according to the attached proposal dated November 22, 2013, entitled
"Scope of Services & Work Plan Outlines for (2) Assessment of Jail Alternative
Programs"
4. Duration of Services
Revised 9/13
2
13
a. Term. The term of this Agreement shall be from December 10, 2013 to September 30,
2014.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be December 10,
2013.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed Twenty Four Thousand
Six Hundred Sixty Five Dollars ($24,665). Payment for Basic Services shall become
due and payable within thirty (30) days of Provider properly invoicing County. Payment
shall be subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Cheryl Young) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by Owner's Risk Manager as such insurance
Revised 9/13
3
14
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
htlp://orangecountync.g ov/purchasing/contracts.asp). If Owner's Risk Manager
determines additional insurance coverage is required such additional insurance shall
consist of professional liability insurance with a minimum of$1,000,000 per occurrence
(if no additional insurance required mark N/A as being not applicable). Provider shall
not commence work until such insurance is in effect and certification thereof has been
received by the Owner's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from
all loss, liability, claims or expense, including attorney's fees, arising out of or related to
the Project and arising from bodily injury including death or property damage to any
person or persons caused in whole or in part by the negligence or misconduct of the
Provider except to the extent same are caused by the negligence or willful misconduct of
the County. It is the intent of this provision to require the Provider to indemnify the
County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
Revised 9/13
4
15
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute
153A-449(b) no county may enter into a contract with a contractor unless the contractor
and the contractor's subcontractors comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statutes. Where applicable, failure to maintain
compliance with the requirements of Article 2 of Chapter 64 of the General Statutes
constitutes Provider's breach of this Agreement. By executing this Agreement Provider
affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina
General Statutes.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
Revised 9/13
5
16
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:Cheryl Young Solns for Local Government
P.O. Box 8181 2301 Valencia Terrace
Hillsborough, NC 27278 Charlotte, NC 28226
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13
6
17
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By:
County Manager
Printed Name and Title
This instrument has been approved as to technical content.
Jeff Thompson, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Office of the Chief Financial Officer
This instrument has been approved as to form and legal sufficiency.
Office of the County Attorney
Revised 9/13
7
18
*vmmm.s.419.ocxnn
solutions 4 local goVe[t-iment
planning ` operations ' training ^ facx|itut|On
`November Z2,2013
Mr,|enThompson Director
0e,*c County Mmwt Management Services
vO Box 8181
Hn1xborovgb,wc2717g
Re. $o^pnvf Services&VVnrk Plan Out||*,mfor;
1,Jail Inmate Projections&New Facility Programming
2.Assom,&munt*fJnU Alternative Programs
Please accept thisas Dvr formal submittal o[Um referenced projects'proposed Scope v(Services. �As d|,cupscd,
;although presented an separate p,opo4s,the plan Is t000nductdeoe studies concurrent With one another
to take advantage of the ecorionfles of scijle available in both man-hours and cost of doing so. More significant
perhaps, is that these two studies and the work that is proposed literally ^0t° together arid will offer the
'
paaidpant5 involved in each the opportunity to share important information as it developed;for example-.
The Jo8 Inmate Projections& New Facility Programming project will hncu5pn the development ofthe
many specific and details necessary tudeterm|ne the*pwmtiwnoland space needs for o new JwU.
The AW#vnvoI of JOY Alternative ymgmma will ud/it* |nformxdon developed In the inmate
p,u]wcdoos segment of the previous project as m rwaow» of *oxun|og its research and mn8rawo
development m[youx; on well then, to feed back to the programming effort underway i,,
recommendations regarding the potential |mp�ct�tho�Mz ,�udy Ondi"9� may very well.have on the
eventual|nm�,#epopu|at|wn(s)that are cm0000py the new Jail.
For presentation purposes,the organization of the major tasks and activitics in each of the project work p|*mW
provided N the approximate sequence,that they will occur. In rem|itV, suma activit|o5 may actually occur
simultaneous with vtbm,o or continue throughout the -study period. It Is intended also that the tasks and
activities de�chbed provide the performance criteria for and are attached to any contract entered into with the
County.
Finally, each of the documents attached includes details as to the work to be performed, and identifies
deliverables,projected adfiedules, and/iut to exceed, lump sum fees for wooh study, o/course addbion*| rmtm
information is provided should the County wish at any time to require additional services relative either study,
Please do not hesitate to contact me should you have any questions regarding the Information attached- }am
very much looking forward tuworking with you and with Orange County oo these important Vroj,cm.
Sincerely,
5tophen 3,Allan
president
Enclosures
2301 Valencia Terrace 0 Charlotte' NC 28226 0 Phone: 704-366-9719 Toll Pnve' 866`300-3545
19
Orange County,North Carolina
Assessment of Jail Alternative Programs
SCOPE OF SERVICES
Overview
This scope ofs ervices outline includes the major tasks as originally submitted plus those requested of
the consultant by the Jail Alternatives Work Group during its meeting Tuesday, November 19`h. The
additional tasks are addressed in the outline as sub-sections; "Phase II-Process Assessment" and "Phase
i
III-Programs Research".
PHASE I-EXISTING PROGRAMS ASSESSMENT
The tasks that follow are those identified as necessary to conduct a study and subsequent assessment of
current alternatives to incarceration programs operating in Orange County. The principal purpose being
to assess, among other things, the impact each has had and may have in the future, on the inmate
population of the Orange County Jail.
The existing programs identified by the County include:
1. Pretrial Release
2. Pretrial Diversion
3. Drug Court
4. Family Court
5. Outreach Court
6. Community Resource Court(Mental Health Court)
7. Adult Probation [NCDOC Division of Community Corrections]
Task 1. Meet with program administrators and designated staff members to:
1.1 Understand program history,organization, purpose&objectives.
1.2 Identify the processes of program referral, criteria for acceptance, and participation
requirements.
1.3 Collect available statistics, program data, annual reports, etc. to ascertain levels of
participation and outcomes.
Task 2. Meet with designated County Courts, Criminal Justice, and related Human Services system
officials to discuss the referenced programs and to identify and/or determine: [See list of suggested
Interviewees below]
2.1 Individual (and/or agency) level of involvement with the program(s); as participant,
advisor/advocate, referral resource,etc.
2.2 Are the judges using the programs,which ones,and why?
2.3 Opinions as to program benefits and/or experienced outcomes.
2.4 Recommendations for enhancement,expansion,or improvement.
2.5 Quantitative data regarding program(s) impact on the County's jail population.
Task 3. With regards to the programs surveyed; and based on the meetings conducted and
information gathered:
3.1 Provide a narrative description and overview of activities occurring within each program.
3.2 Identify and quantify the staffing for each program.
3.3 Identify the level of offender participation in each program (pending availability of data) for
at least the past three(3)years.
3.4 Identify recidivism rates of individuals completing the programs within the past 3-5 years
(pending availability of data).
1
Solutions for Local Government,Inc.
20
Orange County,North Carolina
Assessment of Jail Alternative Programs
3.5 Provide a summary of the remarks offered by the Courts, Justice, and Human Services
System officials interviewed.
3.6 Identify program costs and current source(s)of funding for at least the past three(3)years.
3.7 Identify revenue received by the program via grants, participant payments, etc. (pending
availability of data)for at least the past three(3)years.
3.8 Identify current and recent year individual program costs per participant.
i
Task 4. Assess & quantify the impact that referenced program participation has had on the County's
daily/annual jail inmate population(s)and is anticipated to have on future jail populations:
4.1 Collect and evaluate data regarding the County's daily and annual jail populations for at least
the past five(5)years utilizing data provided by the Sheriff's Office;
• Monthly jail population reports
• Existing security classification criteria
• Existing bond schedule(s)and practices
• Age&gender demographics if/as available
• Annual budget allocated to Jail operations
4.2 Research and plot the County's general resident population for the past three (3) years
utilizing data obtained from the NC Office of Budget&Management.
■ Including the age & genderd emographics which coincide with the Jail's age & gender
categories identified above.
4.3 Overlay findings of Tasks 1, 2, and 3 with that of Task 4 to determine the net effect and/or
impact of the referenced programs on the County's jail population(s) over the past three (3)
years.
4.4 Collect, organize, assess and compare the costs identified; overall/general as well as
specific/participant,etc.
4.5 Prepare and graphically illustrate the projected resident populations of the County over the
next 20 years utilizing data obtained from the NC Office of Budget&Management.
4.6 Utilizing the data developed and charted in sub-task 4.1 as the "baseline", calculate and
illustrate graphically the projected inmate populations anticipated to occur in the County Jail
over the next 20 years.
■ Continue to utilize the age&gender demographics previously referenced.
4.7 Provide summary ofs tudy findings and observations and, where appropriate, the basis for
any recommendations made.
PHASE II-PROCESS ASSESSMENT
Pursuant to Jail AlternativesW ork Group member comments, it was suggested that variousi nternal
system processes, deferment options, or specific process improvements may be worth considering.
And, that although some of these may not be alternatives to incarceration per se, they may with
modification or formalization, result in efficiencies and/or benefits to the system itself.
Task S. During Phase I meetings with program administrators and system officials solicit specific
observations and recommendations regarding;
• Known and/or suggested processes to be considered,
• "Minor"or"informal" programs
• Deferment options utilized but not formalized
• Other programs not listed in Phase I; i.e. Carpe Diem, Dispute Settlement,etc.
Solutions for Local Government,Inc. 2
21
Orange County,North Carolina
Assessment of Jail Alternative Programs
Task 6. For each of the processes, programs, or options identified in Task 5, seek out the associated
facilitator,administrator or"content/resource expert"to identify:
• The process or option purpose&basis for utilization.
• Available performance data regarding individuals served, efficiencies provided, etc.
• Applicability to the interests&objectives of the Jail Alternatives Work Group.
• Opportunities that may be provided but are not currently. 1'
• Recommendations regarding continued utilization(or not),consolidation,expansion.
c
Task 7.D ocument and provide appropriate narrative summarizing the findings and recommendations
regarding the options identified.
Note: Based on preliminary conversations with several Work Group members there may be as many as 8-10
substantive processes/options that could or will fall into this category. Time has been considered accordingly.
PHASE III-PROGRAMS RESEARCH
During the November 19`h Jail Alternatives Work Group meeting,s everal members suggested looking at
and/or considering the development of various
familiar with that
operational
in other North Carolina Counties; those m en
counties. Subsequently, it was suggested that several of those program's representatives be invited to
make presentations to the Work Group at future scheduled meetings.A Iso,t he question was posed;" Is
there anything going on at the national level that we could or should consider?"
Task 8. Identify and make contact with up to six (6) North Carolina County jurisdictions having jail
alternative/deferred prosecution, transition or similar programs that may be of interest to Orange
County;i.e.the JailA Iternatives Work Group,and applicable to the scope of this study.
• Solicit recommendations from Work Group members and system officials interviewed.
• Query previous North Carolina clients with whom the consultant has conducted similar
studies for suggestions/recommendations.
Note: The referenced six (6) NC jurisdictions will be in addition to any program presentationsm ade to the Jail
Alternatives Work Group at regularly scheduled meetings.
Task 9.Conduct a general,national search to identify prominent programs and/or processes that offer
alternatives to incarceration,deferment options,etc.that may be of interest to the Work Group.
■ Minimally, the resources of the following national organizations will be reviewed to
identify specific programs and/or jurisdictions having programs of note;
• National Institute of Corrections
• American Jail Association
El American Correctional Association
Task 10. Document and provide appropriate narrative summarizing the significant program
applications or recommendations for further study of the findings identified in Task 9.
JAIL ALTERNATIVES WORK GROUP&REPORTING REQUIREMENTS
It is understood that the Jail Alternatives Work Group will provide oversight of and general direction to
the consultant with regards to the scope and developmento f this study. In turn, the consultant will
attend the Work Group's scheduled meetings and serve as a participant, presenter, and as a general
resource to the group with regards to jail alternative programs and specifically with regards to the issues
and recommendations identified in the study itself.
3
Solutions for Local Goverrnnnent,Inc.
22
Orange County,North Carolina
Assessment of Jail Alternative Programs
Task 11. Prepare preliminary draft reports following substantial completion of each major phase of
work outlined.
• For Phase I,the contents(generally)will include those described in Task 3.
• For Phase II,the contents will attempt to include those described in Task 3, however,for the less
formal programs or processes identified and assessed,the contents may be general in nature.
• For Phase Ill,t he contents of the narrative summary(s) provided will depend upon the results of
the research undertaken.
Task 12. Provide a presentation of each of the preliminary reports to the Jail Alternatives Work Group.
• Receive and respond to questions and comments offered.
• Conduct additional research or study if/as required to address outstanding issues or questions
identified.
• Include additional information/findings in revised(final)document.
Interviews:
It is anticipated that the Court, Criminal Justice,a nd Human Services officials to be interviewed per Task
#2, in addition to each of the respective program administrators,will include:
• Senior Resident Superior Court Judge ■ Clerk of Court
• Chief District Court Judge ■ Sheriff
• Two(2)additional listed District Court Judges ■ Jail Administrator
• District Attorney 0 Department of Social Services (DSS)
■ Public Defender ■ Mental Health
• District Court Project Coordinator ■ Additional;TBD(up to 3 additional)
Meetings
The consultant is prepared to attend and participate in up to six (6) scheduled meetings of the Jail
Alternatives Work Group. The basis for the number ofm eetings assumes an interval ofa pproximately
one meeting every two weeks, extending a total of twelve (12) weeks, within which time the tasks
outlined in this work plan thus far can be accomplished.
Final Report
While Task 11 identifies the preliminary draft reports tob a presented following the substantial
completion of each of the designated major Phases of work,the final report will compile the preliminary
reports into a single, organized document. This document will also include any additional information
generated as a result of questions raised by Work Group members during those preliminary
presentations.
• Prepare a draft of the full study report for distribution to and review by the members of the Jail
Alternatives Work Group.
• Prepare a brief slide presentation of the essential findings and recommendations to coincide
with the Groups meeting that is scheduled to discuss the draft report.
• Receive comments from Work Group members and discuss options for resolution of any
outstanding issues.
• Complete final documentation and edits and revisions as necessary.
• Prepare designated number of printed copies of final report for delivery to the County. j
i
Solutions for Local Government,Inc. 4
23
Orange County,North Carolina
Assessment of Jail Alternative Programs
Deliverables-General
We will be prepared to begin work upon notice to proceed and will be immediately accessible and to the
County throughout the project. The majority of the work described will be done in Orange County
where we in turn, intend to be accessible to all participating County, Criminal Justice, and Human
Services system personnel, as,well as citizens, and the referenced program administrators.
While the specific"results" of the study to be undertaken cannot be quantified at this time,Solutions for
Local Government is committed to the effective and timely completion of the tasks required and in
providing the County with a thorough assessmento ft he programs that exist, a serious and thorough
assessment of relatedp rocesses identifieda nd a comprehensive research effort with regards to
prominent programs that may be of interest to the County and in operation in North Carolina and the
United States.
Deliverables-Specific
1. Time on site as required to participate in necessary meetings and conduct and/or participate in each
of the major tasks and described; estimate 12-14 days.
2. Organization of materials for Jail Alternatives Work Group meetings to present findings following
completion of each of the three (3) major work Phases identified, and to present and discuss the
final study report draft.
3. Formal presentation of findings and recommendations to the Board of County Commissioners, at
such time as determined by the County.
4. Collate, print, bind,and deliver to the County twelve (12)copies of the final report document.
5. A copy of the final report document,together with the Board of County Commissioners presentation
materials will also be provided the County in electronic format.
Fees
The costs that make up the proposed fee are based on:
• Man-hours; both on-site and "in-office", and
• Project related expenses for travel,p er diem, communications, materials preparation, and
document production.
At this time it is estimated that the tasks and activities necessary to complete this project will require
between 175-185 man-hours.
Therefore, based on the stated project requirements and the major tasks and project deliverables
identified in the Scope of Services Work Plan Outline provided, our fee, including all related project
expenses for travel, per diem,d ocument production and printing,a re estimated at,a nd will not exceed;
$24,665.00.
The Scope of Services presented limits the number of Jail Alternatives Work Group meetings the
consultant will attend to six(6)plus one(1)Board of County Commissioners'meeting to present the final
report. Should the County or the Work Group wish for the consultant to attend additional meetings, they
will be billed at the rate of$ 835.00 1meeting. For additional tasks related to but beyond the Scope of
Services presented here willb e billed at$115.00 1hour.
Solutions for Local Government,Inc. 5
24
Orange County,North Carolina
Assessment of Jail Alternative Programs
Our practice ist o bill monthly (typically on or about the I") based on the percentage of the work
completed during thep revious month. Once the fee is agreed upon, we do not add service or
administrative fees, or any form of miscellaneous overhead charges to our billing at any time during the
project.
In addition, we will withhold billing the final 10 percent of our fee until you have received the agreed
upon copies of the report document and are satisfied with the work that has been done.
Schedule i
Based upon the Scope of Services outline presented here, a schedule of 12 weeks is suggested to
accomplish the major tasks identified; depending of course on the availability of thosep rincipals
identified to be interviewed.
f,
The formal presentation to the Board of County Commissioners would occur at such time as requested
by the Manager.
AdditionalF irm Information
Solutions for Local Government, Inc. is a legal,Sub-Chapter'S'Corporation,authorized and
registered with the North Carolina Secretary of State;SOSID:0624915.
Federal IRS Employer Identification Number:81-0546253
Our business location is;
2301 Valencia Terrace
Charlotte, NC 28226
Telephone:704.366.9719
Toll free: 1.866.300.3545
i
c
Solutions for Local Government,Inc. 6
25
Attachment 5
[Departmental Use Only]
TITLE Jail Programming
FY FY2013-14
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
ORANGE COUNTY
This Services Agreement (herinafter "Agreement"), made and entered into this 10th day of
December, 2013, ("Effective Date") by and between Orange County, North Carolina a body
politic and corporate of the State of North Carolina (hereinafter, the "County") and Solutions for
Local Government, Inc., (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Assessment of Jail Alternatives Programs as described
in detail according to the attached proposal dated November 22, 2013, entitled
"Scope of Services & Work Plan Outlines for (1) Jail Inmate Projections & New
Facility Programming"
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
Revised 9/13
1
26
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vii) In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms of this Agreement shall have priority in
any conflict between the terms of referenced documents and the terms of this
Agreement. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Assessment of Jail Alternatives Programs as
described in detail according to the attached proposal dated November 22, 2013, entitled
"Scope of Services & Work Plan Outlines for (1) Jail Inmate Projections & New Facility
Programming"
4. Duration of Services
Revised 9/13
2
27
a. Term. The term of this Agreement shall be from December 10, 2013 to September 30,
2014.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be December 10,
2013.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed Twenty Six Thousand
Four Hundred Dollars ($26,400). Payment for Basic Services shall become due and
payable within thirty (30) days of Provider properly invoicing County. Payment shall be
subject to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Jeff Thompson) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by Owner's Risk Manager as such insurance
Revised 9/13
3
28
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
htlp://orangecountync.g ov/purchasing/contracts.asp). If Owner's Risk Manager
determines additional insurance coverage is required such additional insurance shall
consist of professional liability insurance with a minimum of$1,000,000 per occurrence
(if no additional insurance required mark N/A as being not applicable). Provider shall
not commence work until such insurance is in effect and certification thereof has been
received by the Owner's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from
all loss, liability, claims or expense, including attorney's fees, arising out of or related to
the Project and arising from bodily injury including death or property damage to any
person or persons caused in whole or in part by the negligence or misconduct of the
Provider except to the extent same are caused by the negligence or willful misconduct of
the County. It is the intent of this provision to require the Provider to indemnify the
County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
Revised 9/13
4
29
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute
153A-449(b) no county may enter into a contract with a contractor unless the contractor
and the contractor's subcontractors comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statutes. Where applicable, failure to maintain
compliance with the requirements of Article 2 of Chapter 64 of the General Statutes
constitutes Provider's breach of this Agreement. By executing this Agreement Provider
affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina
General Statutes.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
Revised 9/13
5
30
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:Jeff Thompson Solns for Local Government
P.O. Box 8181 2301 Valencia Terrace
Hillsborough, NC 27278 Charlotte, NC 28226
[SIGNATURE PAGE TO FOLLOW]
Revised 9/13
6
31
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By:
County Manager
Printed Name and Title
This instrument has been approved as to technical content.
Jeff Thompson, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Office of the Chief Financial Officer
This instrument has been approved as to form and legal sufficiency.
Office of the County Attorney
Revised 9/13
7
32
vvvvv v.s4lq.aor%i
solutions 4 ideal gc3V-rinmant
Manning . operations --t:raininv • facilitation
. I
r
November 22,M11
Mr,Jeff Thnmpson,€ hector
Orartl e County Asset Maiiagament Services
PQ Box 8181
Hillsborough,NC 27278
Re. scope of Services&Work Plan Outilnes for;
1..Jail Inmate Projections&NeW.Facility Programming
2.Assessment of Jail Alternative Programs
D arJeff:.
Please accept this as our formal subrnittal of the referenced projects,proposed Scope of Services. As discussed,
a lthough presented.as separate proposals_the plait Is to conduct these studies concurrent with one another
;*
to take adUanta of the ecuitatilies(if sa le available in both.man-hours and costof doing so. MoresigniFicant
perhaps, is that there two studies and the work that is proposed literally "fir together and will offer the
participants involved in each the opportunity-to share Important tinfr rmationas it developed;for example;
The.lail Inmate Projections&NeW..Facility Progrr tnminy project will focus on the development of the
many speclfic and details necessary to determine#hi operational and space needs for a neW Jail,
The &sessnjent of Jod Alternative Programs will utiliie information deyploped in the inmate
projections segment.of the previous project as a means ¢f focusing its research end program
development efforts; as well then, to feed back to the programming effort underway its
recommendations regarding the potential impact that its study findings rnR y Very vvell.have on the
eventual inmate populationfs)that are to aecupy the neWJail.
for presere;atlon purpases,.the organiaatinn of-the major tasks and activities in each of the project work plans is
provided In the approximate sequence that they will occur. In reality,some activities may actually occur
Simultaneous with others or continue throughout the study period.. It is intended also that the tasks and
activeties described provide the perforrnance Criteria for and are attached to any contract entered into with the
County.
Finally, each of thrr documents attached includes details as to the work to be per€orrned, and identifies
deliverables,projected schedules, and not to exceed, luirip.sum fees for each study, Of course additional rates
information is provided Sidi ild the County wish at any time to requlre additional services relative:either study.
Please do not hesitate to Contact pie should you have,-any questions regarding The Information attached. 1 am
very much looking forward to werking with and with Orange County onthese important projects,
Sincerely,
TI E OVE.l ENT,It :.
Stephen 1,Allan
President
Enclosures
F
2301 Valencia Terrace + Charlotte; NC.28226 + Phone: 794-Se6-971 Q * Toll Freer 886-3QO-S.545.
33
A Scope of Services&Work Plan Proposal to Provide
ORANGE County,North Carolina
with
County Jail Inmate Projections&Facility Programming
4
INTRODUCTION&PROJECT UNDERSTANDING E
The State of North Carolina has recently granted a tract of property to Orange County,via a long
term lease,for use as the site for a new County Jail. The need for a new Jail has been discussed
by county officials for the past several years as jail populations have frequently exceed the legal
bed capacity of the existing facility.
Prior to enlisting the services of an architect to begin the formal design of a new jail facility,t he
County would like to;
• Develop inmate population projections, spanning the next 20 years, which are based
upon the most recent data available, to provide a basis upon which the County can
determine the number of beds the new jail facility should accommodate;
The consultant understands that the inmate projections and associated inmate bed
requirements identified will incorporate the findings and recommendations of the
County's Jail Alternatives Work Group with which the consultant is also engaged.
• Develop a detailed facility program document that will define the requirements for new
jail space and how that new space will integrate with the existing jail on the site area
now available.
• With appropriate input from the County regarding its specific requirements, develop a
formal Request for Proposals (RFP) for issuance to qualified firms for the design and
construction administration of a new County Jail.
SCOPE OF WORK
The Scope of Services Work Plan Outline thatf ollows this narrative highlights the major tasks
and activities that will be undertaken to address the County's interests and objectives for the
County Jail that is to be designed and built and prepare the necessary documentation and
supporting information to proceed with the design of new facilities.
The work plan outline identifies eight (8) major tasks,which will occur and be developed for the
most part in the sequence that they are described. Major Tasks 1-5 are described in detail in
the narrative that follows.
PHASE 1.INMATE POPULATION
In this phase, the most current jail intake (booking), release and average daily population data
will be collected for (at least) the years 2008-2012 and 2013 YTD. Together with the data
regarding the County's general population, inmate population projections will be updated and
recalculated for the years 2014-2034.
i
t
solutions for Local Government,Inc. 1
34
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
Based upon thei nitial "baseline" calculations of inmatea veraged aily populations for the
projection years, an inmate "management factor", applicable specifically to Orange County's jail
population, together with average length of stay (ALOS) calculations; will be determined to
identify the corresponding inmate bed requirements for each of the same years.
Additional projection scenarios will be developed that extend beyond the "baseline" and
incorporate conditions and/or circumstances that although not present at this time may occur in
the future that will impact the jail inmate projections. In other words, in addition to the
"baseline" projection will be a "moderate" or middle level growth scenario and an "aggressive"
'r
scenario that assumes more profound increases in both County and jail populations.
The basis for these additional growth scenarios will be supported with data and presented to
and reviewed by the Project Manager/Team/Work Group (PM/T/WG) for their eventual
selection and approval.
Following the identification of the preferred growth (projection) scenario,a n inmate population
profile will be developed that breaks down the total inmate bed requirements identified into
"type" or security classification. The "types" will include, butn of be limited to noto my male
and female beds but also, sentenced and pretrial, youthful and adult, minimum and
maximum/high risk, and special management which may include those with diagnosed medical
or psychiatric conditions.
PHASE 2. FACILITY PROGRAM
In this context, Facility Program is typically defined as "a statement of the requirements for a
building project". The information developed and documented in the Facility Program moves
the project/process from a general definition of the bed needs identified in Phase 1, to a more
detailed presentation of how those specific needs will be met. The Facility Program describes all
spaces that are to be included in the facility, and the activities that are intended to take place in
those spaces. It also defines in narrative format, graphically, and where appropriate in detailed
matrix or spreadsheet format,t he size and relationship between the many specific spaces to be
included within the facility. More importantly, with appropriate input from the owner and user
throughout the process, it will becomet heo wner's communication of instructions to the
architect,once selected,that will enable him/her to begin design development.
Facility Mission&Purpose
To effectively kick-off the facility programming effort it will be important to develop a consensus
statement that describes the new jail facility's operational philosophy, security objectives,
service requirements and management objectives which will "drive" the development of the
program that follows. As well,general design expectations should be discussed, not the least of
which should include the State of North Carolina Design Standards and Operational
Requirements for Local Detention Facilities, the enhancement of operational effectiveness, and
the efficient utilization of staff.
An organized and facilitated work session will be conducted with representatives of the County,
the Sheriffs Department and others (as suggested by the County and the Sheriff)wherein issues
and priorities will be documented and discussed in a manner that results in the consensus
statement suggested.
I
f
Solutions for Local Government,Inc. 2
35
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
Operational Requirements
The facility operational requirements that are developed will address details of what shall and
will happen in the new facility, not necessarily a description of what currently happens in the
existing building. The understanding of what will happen in the new facility, that develops
during the Operational Phase, becomes the basis ford etermining how the building should be
sized and designed to support the user's needs during the activities wherein the facility
requirements are then defined; i.e. "form(design)follows function".
I
The Operational Requirements discussed will include the following for each functional area of
the facility: (see also Section 2 of the Work Plan Outline)
i
■ Purpose
■ Activities
■ Hours of Operation
■ Users
■ Communications
■ Policies&Standards
Facility Requirements
The Facility Phase develops information about how the building should perform in response to
the requirements defined during the Operational Phase. By "performance", it is intended that
the program document state what the building should do, rather than what it should "be like".
Stating performance requirements leaves the planners, and ultimately the designer, more room
to find creative solutions than they would have if they were told precisely what the building
should be like.
The kinds of information developed during the Facility Phase can be divided into that which
applies to the building as a whole as well as that which applies to each space; such as an
individual office, activity area, or meeting room. Both types are important and will include the
following:
■ Adjacency&Circulation Requirements
■ Security Criteria
■ Architecture
■ Engineering Criteria
■ Space Requirements
■ Adjacency Diagrams
PHASE 3.SITE PLAN CONCEPT
The initial site planning process and the corresponding materials that are developed will include
a contextual analysis of the site that addresses existing and apparent physical conditions, as well
as various conceptual diagrams that locate important elements relative to the site and its
intended use; i.e., streets, existing buildings, topography, etc., togetherw ith the locating and
massing of the proposed building(s)on the site.
This information,together with that provided in the Phase 2 willp ermit the development of site
concept options that enable the PM/T/WG together with designated County and Sheriffs
Department representatives to evaluate and discuss the various options available to them.
Ultimately, a preferred option will be identified.
Solutions for Local Government,Inc. 3
36
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
A final Site Plan Concept will then be developed from the preferred option chosen. This site
plan concept will include a brief narrative description and accompanying site diagram(s) that
illustrate:
■ The general boundaries and characteristics of the building site
■ Location of the proposed building(s)on the site I
■ Access&egress to and from the site C
■ Secure, public, and controlled points of access to/from the building(s)
■ Circulation to/from and on the site of public visitors, law enforcement personnel,and
jail staff, and service providers
■ Designated staff and visitor/public parking areas
PHASE 4.PROBABLE COSTS
Oncet heF acility Program and Site Plan Concept have been completed a final pre-design
estimate of probable construction and project related costs will be developed. The categories of
costs addressed will include:
■ Design Development Costs
■ Construction Costs
■ Project Related Costs
Design Development; the fees identified will include associated architectural and engineering
design fees for the major work tasks commonly called for in complex projects such as a county
jail. The work for which fees will be calculated will include site investigations and site design,the
estimated cost of the various phases of design development, the bidding process, and
construction administration.
Construction; at this level of project development, a pre-design estimate of probable costs will
be included for site development and new building construction. Estimated costs will be based
on the costp er gross square foot of building /ors pace to be developed times the total gross
square feet identified. The construction cost per square foot identified,a nd for that matter the
percentage of cost rates identified for planning and design, will be based on both the
consultant's data base of similar North Carolina projectsa s well as (for comparison) various
national publications regarding cost indexing for these types of facilities.
Project Related; these expenses will be provided as general estimates of various but commonly
occurring project related costs not otherwise included in the design or construction cost
categories. The figuresi ncluded are intended to give the County a general idea of what to
expect and budget for with regards to reimbursable project expenses, materials testing, pre-
construction site surveys, soils testing, required contingencies, and furnishings and equipment
not otherwise provided by the contractor.
PHASE 5. DEVELOPMENT SCHEDULES
Once work in the above referenced phases has been completed, suggested schedule(s) for
development and the associated costs of development by phase, month, calendar quarter, etc.
will be important to enable the County to prepare appropriate CIP and annual fiscal year
budgets accordingly.
I
Solutions for Local Government,Inc. 4
37
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
Subsequently, an Implementation & Funding Schedule will be developed to provide the County
with ample information with which to schedule payments, monitor progress and plan for the
incremental increase and transition into available jail space as it becomes available.
The Implementation & Funding Schedule will include the projected start dates for each major
task/activity; i.e. design, bidding, and construction; and the estimated duration (typically in f
months) of all major tasks and estimated completion dates. This information will be overlaid
onto an estimated funding(payment) schedule that will assign the costs previously estimated to
specific calendar months, identifying total funding required,funding initiation,funding duration,
and the cumulative funding requirements by calendar quarter and year
ADDITIONAL ASSUMPTIONS
It is intended that the summary findings and recommendations that are developed at the
conclusion ofe ach major study phase be presented to the PM/T/WG for their review prior to
proceeding with the next phase of work. This will enable a review of the findings and
recommendations developed by the consultant as well as suggest any changes or modifications
to the process and/or(re)direct related efforts of the consultant.
Materials
At this time it is anticipated that the County will provide the following materials to the
consultant for use, application and analysis in developing the work products described.
■ Copies of Local(Jail) Confinement Reports, as submitted monthly to the Jail & Detention
Branch oft he NC Department ofHu man Resources; for calendar years 2008-2012 and
2013 YTD.
■ Daily Inmate Booking/Offense/Status reports; dates TBD
■ Documented accounting of staff, by position title, currently allocated and assigned to
the jail;full-time, part-time,contracted,etc.
■ To scale GIS generated site maps of the existing jail site; to include at least adjacent
streets, existing structures and drives, underground utilities (if available), topographic
elevations delineated at intervals commonly provided.
FormalP resentations
The consultant understands that at any time during the process,the PM/T/WG may request that
a formal presentation ofi nterim findings and accompanying recommendations be provided in
the form of an update, project status report, or if/as a significant issue arises not previously
anticipated.
Scope of Services Work Plan Outline
Work Phase Major Tasks&Activities
1. Inmate Population Assess and document the current and projected future needs of
the Orange County Jail with regards to inmate capacity;i.e.
average daily population(ADP)and bed requirements
1.1 Collect relevant data to include at least:
• Recent year space needs and jail population reports;
• Monthly Orange County Jail Local Confinement Reports,
2008-2013 YTD
I
Solutions for Local Government,Inc. S I
i
38
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
■ Current Jail Booking&Offense/Arrest Status Reports
1.2 Meet with Jail/Sheriffs Office personnel to determine what
recent or pending changes have occurred that have or may
impact inmate populations,jail operations, and/or inmate
security classification requirements
• Legal concerns
• Inspection report findings
• Security concerns
• Operating procedures
1.3 Collect data necessary to develop projections of County jail
inmate populations through 2033;to include the following:
• County populations; 1993-2013, 2013-2033 (projected)
• Total County arrests; 2008-2012
• Inmate population data;2008-2013 YTD
1.4 Format data for analysis
• Historical County population data
• Historical arrest data
• Historical jail average daily population (ADP)data
1.5 Calculate"primary factor" ratios
• Arrests to Population
• Jail ADP to Arrests
1.6 Apply primary factor ratios to projected County populations
• Identify projected County populations; 2013-2033
• Identify projected annual arrests; 2013-2033
• Identify projected annual Jail ADP; 2013-2033
1.7 Develop inmate"profile"characteristics of current jail
population
• Offender subgroups
• Gender
• Offense category
• Legal status
• Average length of stay(ALOS)
1.8 Apply established inmate profile characteristics to projected
inmate populations
• Population sub-groups
• Gender
• Age
• Security Classification
1.9 Calculate inmate bed requirements
• Convert jail ADP projections to bed requirements
• Annual admissions& release data j
I
Solutions for Local Government,Inc. 6
39
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
• Peak populations; numbers&trends
• Calculate"Inai to Management Factor"
• Identify future year bed requirements
• Total by year
• By type/security classification
1.10 Develop alternative projection scenarios
• Identify at least two(2)additional projection scenarios;
i.e.
• Baseline(original)
• "Moderate" projection
• "Aggressive" projection
• Provide basis for each scenario presented
• Provide graphics and/or tables to illustrate
1.11 Organize&document section findings
• Narrative summary of Phase 1
• Include referenced graphics and illustrations
1.12 Meet with Project Manager/Team/Work Group to present
Phase 1 findings
• Discussion
• Graphic illustrations
• Handouts
1.13 Solicit consensus recommendation from Project Team re:
■ Preferred projection scenario for development in
Phase 2
2. Facility Program Develop a detailed operationala nd architectural program i.e.,
Facility Program Document for a new jail facility for Orange
County,to accommodate the preferred inmate population
projections scenario identified in Phase 1
2.1 Coordinate and facilitate a meeting with the Project
Manager/Team/Work Group(PM/T/WG)and invited participants
to discuss,and document the overall purpose; i.e. "Mission"
expected of the Orange County Jail
2.2 The documentation produced,for approval by the PM/T/WG
will include;
• Jail facility Mission Statement
• Functional requirements
• Performance objectives
• Design objectives
2.3 The key functional areas to be included and programmed for
development will include at least those required by NC Jail
Standards as well as those identified as necessary by the
Solutions for Local Government,Inc. 7
I
40
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
PM/T/WG and,initially will include at least the following:
• Public Lobby
• Administration
• Intake(Booking) & Release
• Initial Housing
• General Population Housing
• Special Management Housing
i
• Visiting
• Exercise
• Education/Treatment Programs
• Religious Services
• Health Services
• Food Services
• Commissary
• Laundry
• Warehouse
• Maintenance
• Transportation
• Magistrate
2.4 Organize required meetings with County and Sheriff's Office
personnel
• Identify and contact perspective participants
• County
• Sheriffs Office
is Establish &confirm meeting schedule(s)
2.5 Meet with appropriate outside user agency representatives
if/as necessary to determine working requirements and specific
space needs of:
• Law Enforcement
• District Attorney
• Magistrate
• Private Counsel
• Probation&Parole
• Other
2.6 Develop&document the Operational Requirements for each
functional area to be included within the facility:
• Purpose
• Activities
• Hours of operation
• Communications requirements
• Applicable standards
2.7 Review operational requirements for content and
completeness with PM/T/WG
■ Discuss
i
■ Determine additional requirements if as required
Solutions for Local Government,Inc. 8
41
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
■ Incorporate changes into Operations narrative
2.8 Develop&document the Facility Requirements for each
functional area to be included within the facility:
• Adjacency&circulation requirements
• Security requirements
• Architectural Criteria
• Engineering Criteria
• Space Lists
• Adjacency Diagrams
2.9 Prepare a Facility Program Space Requirements Summary
• Area/Space Designation
• SF/Space
• Number of Spaces
• Total NSF
• Efficiency Factor(s)
• Total GSF
2.10 Prepare diagrams of overall facility concept options
• Configuration(adjacency diagrams)of major areas
• Overall building concept(s)
• General operations, security considerations,and
circulation
• Advantages&disadvantages
2.11 Review Facility Requirements for content and completeness
with PT/T/WG
• Discuss
• Determine additional requirements if as required
• Incorporate changes into Facility narrative
2.11 Receive PM/T/WG approval to proceed with Phase 3
3. Site Plan Concept Develop a site master plan concept that illustrates how a major
new County jail facility addition,of the size and description
arrived at in Phase 2,will work on the site designated by the
County.
3.1 Receive from the County for review and analysis a GIS
generated site map to identify;
• General boundaries and characteristics of the building
site and area available for construction
• Location of the existing jail building(s)on the site and
potential area available for expansion
■ Access&egress to and from the current site
■ Current secure, public, and controlled points of access
to/from the building(s)
■ Current circulation to/from and on the site of public
Solutions for Local Government,Inc. 9
42
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
visitors, law enforcement personnel,and jail staff,and
service providers
■ Designated (existing)staff and visitor/public parking
areas
3.2 Prepare narrative summary of new facility concept
recommended.
3.3 Identify and quantify combined facility site requirements
■ Jail building(s);existing, new
■ Staff parking
■ Visitor parking
■ Facility&grounds
■ Law Enforcement access
■ Vehicle sallyport
■ Service&delivery
3.4 Develop general site concept diagram(s)that conforms to the
Facility Program Document requirements and to the project
objectives previously developed as preferred by the Project Team
■ Key building components
■ Site access and circulation
■ Building access
■ Parking
■ Property setbacks
■ Expansion (future)options
3.5 Meet with PM/T/WG to review Site Master Plan Concept I
■ Provide slide presentation and/or graphic illustrations i
■ Receive comments
■ Address concerns/questions
■ Solicit consensus recommendation(s)regarding the
concept presented and corresponding recommendations
3.6 Modify the Site Master Plan Concept diagram(s)to reflect the
Project Team's recommendations
4. Probable Costs Develop and document a pre-design estimate of probable
design,construction,and project related costs
4.1 Identify projected design fees to be included for:
■ Site design
■ Architectural&engineering(building)design to include
■ Management of the bidding process and
■ Construction administration
4.2 Identify projected construction costs to be included for:
■ Site Construction
■ New building construction
i
Solutions for Local Government,Inc. 10
i
43
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
• Demolition; as required in existing jail building
• Existing building renovation
4.3 Identify projected owner project related costs to be included
for:
■ Reimbursable project expenses
■ Soil& materials testing
■ Pre-construction surveys '
■ Allowance(s)for furnishings&equipment
■ Necessary contingencies
4.4 Review projected costs with PM/T/WG
■ Receive feedback
■ Identify options and/or costs for review and
consideration
■ Recalculate option costs if/as required
S. Development Prepare appropriate funding and development schedules for use
Schedules by the County in scheduling payments,monitoring progress,and
planning for the incremental increase in available jail bed space
as it becomes available
5.1 Project Implementation Schedule,to illustrate for each major
design and construction phase;
■ Start dates
■ Duration typically in months
■ Estimated completion dates
■ Sequencing of significant construction project phases
5.3 Funding Schedule,that will identify;
■ Assignment of funding requirements by date
■ Distribution of funding over time(typically months)
■ Cumulative funding requirements by quarter
6. Report Assemble,pint,and deliver to Orange County,the final Facility
Documentation Program Document,including all relevant calculations,findings,
and recommendations documented during the development of
the information and activities undertaken in Phases 1-6
described in this Work Plan Outline
6.1 Review Final Draft document with PM/T/WG members
■ Receive comments
■ Discuss any remaining issues of concern
■ Provide additional information if/as requested
■ Receive consensus approval to commence production of
final Facility Program Document
i
6.2 Print, bind &deliver eight(8)copies of the final document
f
f
i
Solutions for Local Government,Inc. 11
f
44
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
6.3 Provide to the County a copy of the final document and
copies of any major presentations delivered in electronic format;
i.e. CD or comparable
7. Formal Presentation At such time as requested by the PM/T/WG,provide a formal
presentation of the updated inmate projections and summary
recommendations of the Facility Program,to the Board of
County Commissioners
8. Request for Proposals Prepare a formal Request for Proposals(RFP)document
requesting design services for a new Orange County Jail Facility.
8.1 Meet with designated County representatives; i.e.Asset
Management,Sheriff,other; regarding desired RFP process;
■ Timeline
■ Pre-Proposal conference
■ Essential qualifications/submittal requirements
■ Etc.
8.2 Preliminarily,the outline for the Request for Proposals (RFP)
will include the following major categories,to be accompanied by
appropriate descriptive narrative.
Project Introduction
■ Consultant Qualifications
■ Scope of Services Requested
■ Submittal Requirements
■ Proposal Due Date
■ County Contact Information
■ Other
8.3 Submit draft RFP to County for review and comment
■ Discuss changes requested
■ Edit/modify RFP draft as required
■ Submit RFP in final form to the County for publication
Project Deliverables
1. On-site visits,as required,to collect,assess,and develop the information necessary to
perform all tasks and activities described in the above Scope of Service Work Plan
Outline;estimate minimum of 14-16 days.
2. Coordination and facilitation of all project and program development meetings as
referenced in the Scope of Services Work Plan Outline.
3. Preparation of interim draft reports consisting of the significant findings developed
during each major phase of work, and presentation of same to the designated
PM/T/WG
4. Development, production, and delivery ofe fight (8) printed and bound copies oft he
Facility Program document and all contained tasks identified in the Scope of Services
Work Plan Outline.
5. A copy of the final document,together with copies of any major presentations will be
provided in electronic format; i.e. CD or comparable.
Solutions for Local Government,Inc. 12
45
SCOPE OF SERVICES&WORK PLAN ORANGE COUNTY,North Carolina
Jail Inmate Projections&Facility Program
Fees
The costs associated with the development of this study are based on:
Man-hours; both on-site and in-office;and
Project related expenses for travel, per diem,communications, materials preparation,
and document production
At this time, based on the stated project requirements and major tasks identified; our fee to
produce this study,including all related project expenses is,and will not exceed,$26,400.00
i
It is our practice to bill monthly (typically on or about the 1")b ased upon the percentage of
work completed during the previous month. Once the fee is agreed upon, we do not add
service or administrative fees, or any form of miscellaneous or overhead charges to pour
billing at any time during the project.
In addition,we will withhold the final 10 percent of our fee until you have received the agreed
upon copies of the report document and are satisfied with the work that has been done.
AdditionalS ervices
Should the County wish to utilize the consultant for additional services not stipulated in the
referenced Work Plan Outline it may do so at the rate of$115/hour plus reasonable expenses
relevant the services requested.
Schedule
At this time it is estimated that the activities and tasks identified in the Scope of Services
Work Plan Outline, through Task 6, can be completed in approximately twelve (12) weeks
from receipt of notice to proceed from the County.
AdditionalF irm Information:
Solutions for Local Government, Inc. is a legal, Sub-Chapter' S' Corporation, authorized and
registered with the North Carolina Secretary of State;SOSID:0624915
Federal IRS Employer Identification Number:81-0546253
Our business location is:
2301 Valencia Terrace
Charlotte, NC 28226
Telephone:704-366-9719
Toll Free:866-300-3545
S4LG/sja
I
Solutions for Local Government,Inc. 13
Estimated Construction and Development Sources and Uses
Orange County Jail
Attachment 6
updated
11/21/2013
project code
61370035 - 10051
MUNIS Update
11/6/2013
SF
100,000
$ /SF
$300.00
Summary Revenues
FY13 -14 CIP $250,000 not currently funded
FY15 -18 CIP $29,750,000 not currently funded
Total Funds Recognized $30,000,000
Assumptions Cost SubTotal Notes /Assumptions
Construction: $250 per square foot, 400 gross square feet per inmate, maximum capacity of 250 inmates
Professional Services: Design Cost is 6.5% of Construction Cost, Programming cost is .05% of Construction Cost
Miscellaneous Furniture, Fixtures, Equipment, Contingency (10% of Construction Cost), Public Relations
25,000,000
2,090,000
2,910,000
I
Fotal Encumbered Project Cost 30,000,001
3udget Variance surplus /(shortfall) delta ($)
'ercentage Variance delta 0.00°
0