HomeMy WebLinkAbout65A - UPDATE ICE CONTRACTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
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"All
CITY MANAGOR,
RECOMMENDED ACTIONS
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Review and select option(s) below regarding the Santa Ana Jail:
1. Notify Immigration and Customs Enforcement (ICE) that the City, per the terms of the
existing agreement, will be reducing the ICE detainees to a maximum capacity of 128. This
action would result in the closure of one module. After the reduction in revenue and
decreased cost, the annual net revenue loss is $663,743.
2. Continue the practice of hiring part-time correctional officers per the jail operations phase
out plan as previously agreed upon with the Santa Ana Police Officers Association in 2014.
1 Continue to negotiate with the Santa Ana Police Officers Association on retirement
incentives.
4. Release the attached Jail Re-Use Request for Qualifications based on input from 12
community meetings.
Alternative actions as may be discussed.
On May 17, 2016, the City Council directed the City Manager to (1) work with community members
and labor representatives from the Police Officers Association to develop and issue a Request for
Qualification (RFQ) for a consultant to conduct a Jail Re-Use Study with a budget of up to $50,000;
and include language that the consultant will address reuse as well as improved conditions at the
Jail, and alternatives to detention; (2) include a provision on Immigration and Customs Enforcement
(ICE) contract that the City will not renew the contract and allow it to expire in 2020; (3) enter into
an agreement for Transgender Care and Classification Committee Pilot Program with ICE; and (4)
authorize the City Manager to enter into negotiations with the Police Officers Association (POA) to
offer voluntary early retirement incentives to full-time staff at the Jail facility.
65A-1
Update on the Immigration and Customs Enforcement Contract
for Detainee Services and the Santa Ana Jail and Options for Expedited Phase Out
December 6, 2016
Page 2
In an effort to control operating costs, the Jail administrators continually monitors staffing costs
related to the Jail housing operation. This includes managing full-time vacancies, mandatory
overtime, and the hiring of part-time staff in-lieu of full-time staff. Accordingly, the Executive
Director of Personnel Services Agency proposed an early retirement incentive for Jail related
personnel to the POA in July 2016. The incentive is for $1,000 for each year of service, up to 20
years. Staff suggests that the total amount of the incentive should be capped at $100,000. Follow
up discussions have occurred with the POA but to date no agreement has been reached. One of
the recommended actions is to provide direction to staff to continue negotiating such incentives.
In 2010, the Santa Ana Jail had 86 Correctional Officers; currently, there are 70 budgeted
Correctional Officers (67 currently filled), a difference of 19 full-time positions. The annual cost
savings of these 19 Correctional Officers is $2,171,320. The last full-time Correctional Officer was
hired in December 2010. In December 2014, the Police Department began the hiring of part-time
Correctional Service Officers (CSO's) to reduce full-time staffing levels at the Santa Ana Jail facility
as part of the agreement with the POA and authorized by the City Council. On-going part-time
CSO recruitment efforts have yielded 19 of the 32 budgeted CSO positions. While part-time CSO
staff fill some vacancies, recent Correctional Officer retirements and separations have left
insufficient numbers to operate the facility without the use of mandatory overtime and facility
lockdowns. Mandatory overtime has been in practice for over 10 years.
On February 2, 2016, approximately 239 detainees (or the equivalent of 65% of the jail population)
were from ICE. A more recent population count on November 30, 2016 of 151 detainees
demonstrates that the City's efforts to phase out the ICE contract is providing results.
In accordance with Council direction on May 17, 2016, the Police Department is proposing to close
Jail housing module 413, which currently has 38 ICE detainees assigned. This module currently
costs $792,607 to operate and generates $1,456,350 in annual revenue, resulting in a net revenue
amount of $663,743 after operating expenses.
Upon direction from the City Council, staff would notify ICE that the City would need to establish a
new maximum capacity of 128 detainees, inclusive of the 64 bed minimum guarantee for the
transgender module. The City believes that it has the authority under the agreement to determine
that operational needs have changed; therefore, has decided that bed space availability must be
reduced. ICE may argue that the agreement does not allow the City's unilateral decision to reduce
capacity, but staff believes that this action would be consistent with the City Council direction to
phase out the ICE agreement altogether in the future. In any event, should there be disagreement,
both the city and ICE have the right to terminate the agreement without cause by providing a 90-
day notice to the other party,
The Police Department anticipates an additional five Correctional Officer retirements in 2017. As
the number of full-time Correctional Officers decreases, the Police Department will be able to
65A-2
Update on the immigration and Customs Enforcement Contract
for Detainee Services and the Santa Ana Jell and Options for Expedited Phase Out
December 6, 2016
Page 3
consider, additional housing module closures, but any action would be presented to the City Council
for consideration,
Upon completion of the phase out of the ICE agreement or If the agreement Is terminated by either
party the City would have approximately 14 Correctional Officers that would be displaced, The
remaining Correctional Officers would continue to work on the City's booking facility and to serve
our remaining contracts, The City plans to offer other positions within the City and the necessary
training for those positions, The City will comply with all labor and Feet and Confer requirements
with the Impacted labor groups,
The City conducted 12 meetings with community stakeholders, the Santa Ana Police Officers
Association and the Service Employee international Union representatives In preparation of the
Request for Qualifications (RFQ), This RFQ will study options for jail re -use, including improved
conditions at the jell, and alternatives to detention, The City anticipates releasing the Jail Re -Use
RFQ the second week of December (Exhibit 1).
3TRAIEGIC PLAN ALIGNMENT
Approval of this kern assists the City in meeting Goal #1 - Community Safety, Objective 44 (ensure a
sound fiscal model for jail operations), ,Strategy A (modify the Santa Ana Jail business model and
identify short- and longterm goals to effectively meet the needs of the community through contract
negotiations with outside agencies, evaluation of staffing needs and Increasing operational efficiency).
FISCAL IMPACT
Approval of the recommended action will result in a $1,466,360 reduction in the Fit 2010 -17
Jail Facility Rental revenue account (no, 01114002 67460). The net revenue loss after factoring
In the $792,607 in module 413 operational cost savings Is $663,743,
Any final net revenue loss will be monitored and any shortfall will be offset by the $1,000,000 Jail
Stabilization Fund, if necessary and required,
APPROVED AS TO FUNDS AND ACCOUNT:
Caries Rojas Francisco Gutierrez ;4
Chief of Police Executive Director
Santa Ana Police Department Finance and Management Services Agency
Exhibit: 1. Request for Qualifications Draft
65A -3
65A -4
REQUEST FOR QUALIFICATIONS
3T:7
EVALUATION
RFQ NO: 16 -XXX
Dr's Office
Issue RFQ
December 12, 2016
Due Date
January 31, 2017
Evaluation Committee (EC)
February 1, 2017 - February 28, 2017
Firm Interviews
March 15, 2017
Council Review
April 18, 2017 City Council me
EXHIBIT 1
City of Santa Ana
REQUEST FOR QUALIFICATIONS
FOR
SANTA ANA JAIL REUSE, ALTERNATIVES TO DETENTION, AND JAIL CONDITION
EVALUATION
Introduction
The City of Santa Ana is seeking submittals of Request for Qualifications from qualified
firms or consultants of professional planning, engineering, and environmental consulting
backgrounds to complete a reuse assessment of the Santa Ana City Jail. The primary
goal of this study is to provide the City and future developers with preliminary
information to help guide appropriate and efficient reuse strategies. The selected firm
will be able to successfully engage the community throughout the process to ensure
stakeholders' participation in identifying feasible reuse strategies for the jail.
The City is interested in selecting a firm or consultant that can provide expertise in each
of the three following areas: jail facility reuse, alternatives to detention models for
federal immigration detainees, and evaluation of existing jail conditions. The re -use of
the jail may include reuse of the entire jail or a partial re-use'-option. The selected
consultant should further evaluate re -entry services for state and county inmates
returning to Orange County.
SANTA ANA JAIL FACTS
• Type II facility, - opened january 1997
• 512 -bed capacity
• Average daily population as of,201.6:.
337 -Total Jail P.opulati,
"6 - I.C:E: Detainees
125,= U.S. Marshal Service
16 — Bureau of Prisons
• Federal;agencies provide 98.8 percent of total population
COMMUNITY
The City of Santa Ah#'is a 27- square mile, ethnically diverse city located 35 miles south
of Los Angeles and roughly 10 miles inland from the Pacific Ocean. With a total
population of over 342,000, Santa Ana is Orange County's second largest city and
serves as the county seat.
Incorporated in 1886, Santa Ana has long been Orange County's government
powerbase. Santa Ana's centralized location places the City less than 30 minutes from
most Southern California destinations, including four airports. Its density and mass
transit infrastructure enables residents and employees to embrace a sustainable
65A -6 2
lifestyle, by commuting to work by bus, train, bicycle and foot, for example. This
convenience attracts a diverse population that appreciates Santa Ana's distinctive,
affordable housing choices, energetic nightlife and cultural amenities like the Artist
Village, Discovery Science Cube, and the Santa Ana Zoo.
Santa Ana has a very large and diverse business base with over 19,000 businesses
employing over 160,000 people. Santa Ana is the corporate headquarters of several
large companies, including Behr Paint, Medtronic, First American Financial Corporation,
and Wahoo's Fish Taco. Recently, the City of Santa Ana was assigned an AA issuer
credit rating from Standard and Poor's.
DEMOGRAPHICS
• Population: 342,930
• Median Age: 29.1
• Median Household Income: $54,521
• Median Home Price: $384,316
• Labor Force: 160,700
• Unemployment Rate (April 2016): 4.6 percent
III. Framework and Project Description
If selected, a successful reuse assessment will include, without limitation, the following
aspects:
• Goals and themes that are crucial to the completion of the reuse assessment
• Identification of various uses which mayor may not include a jail model
Minimum required deliverables include:
• A minimum of three (3), reuse assessment proposals for the Santa Ana City Jail,
includina :estimated financial costs for each.
• Of the three (3) options, a minimum of two (2) reuse assessments will
consider non- punitive facilities to repurpose the Santa Ana City Jail.
• All reuse assessments must consider public input and the identified needs
of Santa Ana residents.
o All reuse assessments must include Alternatives -to- Detention (ATD)
programs.
• All reuse assessments must identify impacts on the residents of Santa
Ana.
• All reuse assessments must consider fiscal impacts on the City of Santa
Ana.
• A report on existing jail conditions
o This report must include detainee testimonies when analyzing jail
conditions.
• A meeting with an identified committee of stakeholders two (2) times to present a
draft and final study.
Final presentation to the City Council.
65A -7
IV. Qualification Requirements
The qualifications submittal should provide ample evidence of the firm or consultant's
ability to provide the following:
• A description of the firm's approach to this reuse assessment. This shall include
methodology, demonstrated understanding of the community's needs, and a project
timeline for accomplishing the tasks described in the Scope of Services.
• The ability to maintain adequate files, legal records, and statistical reporting
requirements.
• The administrative and fiscal ability to provide and manage the proposed services
and to ensure an adequate audit trail.
• At least three (3) years' experience providing this type of service.
• Meet other requirements as described in this RFQ.
• Any other information deemed relevant to the project and which the firm believes will
further the competitiveness of the proposal, including work samples from similar
completed projects.
• Experience working with federal government programs, including but not limited to
the Refugee Resettlement Program or the Foster Care System for Unaccompanied
Children.
• Demonstrated knowledge of domestic and international alternatives to immigration
detention efforts.
• Knowledge of prison reentry services.
• Experience monitoring places of confinement.
• Knowledge about the needs of the LGBT community.
The City reserves the right to investigate the qualifications of all firms or consultants
under consideration and to confirm any part of the information furnished by the firm or
consultant, or to require other. evidence of capabilities the City considers necessary for
the successful completion of the services. Additionally, any proposal that fails to include
all of the above information will be considered unresponsive, and will not be afforded a
complete review by the review committee.
V. Project Budget
The maximum budget for the requested evaluation is $50,000.
VI. Submission Requirements
Respondents must provide ten (10) printed copies (9 bound and 1 unbound) of their
submittal response by the date and time set forth plus one (1) electronic copy in PDF
format. Electronic or fax submissions will not be accepted. Please limit submittal
response to 20 pages, not including work samples.
Any costs associated with the submittal shall be borne exclusively by the firm or
consultant making the submittal and not by the City. Although the format is
discretionary, all submittals must include the following information at minimum:
65A -8 4
• The legal name of the firm or consultant, address, and telephone number(s).
Indicate whether the proposing entity is a sole proprietorship, partnership, or
corporation, and the state and year established. List key personnel who will be
involved in decision - making, contract negotiation, and project development. Include
mailing address, email address, and phone and fax number(s).
• A narrative description of the three most relevant prior public sector projects of the
key personnel to be assigned to work on the project. Provide description of work
performed by said individuals, including date, location, etc. Provide names of
contact individuals who provided material assistance on the projects described.
• Provide a list of references: a minimum of three (3) of which one (1) should be a
governmental agency, involving the Proposer's delivery of services that demonstrate
the ability of the Proposer to provide the type of services as outlined in this RFQ. All
references must have names, titles and phone numbers.
• The proposed project schedule, fee structure, and total cost proposal for providing
the requested services.
• Please describe how your firm meets the items decribed;in Section IV. Qualification
Requirements.
VII. Selection Process
A selection committee, appointed by the Cit
determine the most qualified firm or consult;
committee may request one or more of the
will be asked to make a- presentation. Selec
references, and experience. Once a firm or
with the recommended firm to negotiate the
negotiations are unsuccessful,.the City may
whether or notto initiate negotiations With a
terminate anv or all neaotiations;at its sole c
made by the Santa Ana
VII. Deadline for Subm
nager, will evaluate the submittals and
During the evaluation process, the
to make a presentation. Not all firms
will be based on qualifications,
sultant is selected, City staff shall meet
form of the contract. If such
iinate the negotiations and determine
=r firm. The City reserves the right to
;tion. The final contract award will be
The deadline for.the receipt of proposals is January 31, 2017 at 10:00 AM PST. The
City reserves the right to reject any or all RFQ responses, in whole or in part, and
to waive irregularities or informalities in any submittal, at its sole discretion.
(Mail or Hand Delivery)
Jorge Garcia, Senior Management Assistant
City of Santa Ana
20 Civic Center Plaza, Mailstop 31
Santa Ana, CA 92701
All questions regarding this RFQ must be directed to Jorge Garcia in writing at
igarcial 0@santa- ana.orq.
65A -9 5
IX. E -Mail Communications and Interpretations / Clarifications
To facilitate the RFQ process, proposers are required to monitor and respond to e-mail
requests within 48 hours. No oral interpretations will be made by the City to any
proposer as to the meaning of the request. All interpretations must be made in writing
via e-mail to the Project Manager by no later than 5:00 PM on TUESDAY, JANUARY
24, 2017. Significant interpretations or clarification will be made by an addendum to this
RFQ, which will be posted to the City's website at
http: / /www.planetbids.com /portal /portal.cfm ?CompanylD =20137 or http://www.ci.santa-
ana.ca.us /bids- rfps /defauIt.asp. Addenda may become part: of the agreement
documents.
X. Addenda
If clarification or interpretation of this RFQ is considered necessary by the City, a written
addendum shall be issued and the information will be posted on the City's website at
http: / /www.planetbids.com /portal /portal.cfm ?CompanylD =20137 or http://www.ci.santa -
ana.ca.us /bids -rfps /default. asp. It is the responsibility of each proposer to periodically
check the City's website to ensure that they have received and reviewed any and all
addenda to the RFQ.
XI. Rules for Qualifications
The signer of the RF
or parties interested,
made without collus'ri
proposal; that it is in
that the signer of the
X11!
The selected proposer sP
within 30 days pf selectio
commencina anv work in
XIII. Public
in writing that the only person, persons, company
as principals are named therein; that the proposal is
3r person, persons, company or parties submitting a
and in good faith without collusion or fraud; and,
ill authority to bind the proposer (EXHIBIT 1).
required to submit a City of Santa Ana business license
must provide a copy to the Project Manager prior to
Ana.
Qualifications will become public record after award of agreement. Interested offerors
may submit a written request, with a self- addressed stamped envelope, to receive
results of the evaluation. Proposer information identified as proprietary information shall
be maintained confidential, to the extent allowed under the California Public Records
Act. Submit your request to, City of Santa Ana City Manager's Office, ATTN: Jorge
Garcia, 20 Civic Center Plaza, Mailstop 31, Santa Ana, CA 92701,
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