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HomeMy WebLinkAbout3954 RESOLUTION NO.3 9 5 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND RICCI GREENE ASSOCIATES FOR CONSULTING SERVICES WHEREAS, the City of Auburn is engaged in various municipal functions including jail services; and WHEREAS, in order to provide for such services, it is appropriate that the City enter into to contracts with other agencies; and WHEREAS, in order to provide for those services, the City has negotiated a contract with the Ricci Greene Associates to provide consulting services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and Ricci Greene Associates for consulting services which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 3954 December 2, 2005 Page 1 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this S'-tk. day of . "\) -e ( em b-e,v 2005. Attest: {litDic~---. Dan lie E. Daskam City Clerk Resolution No. 3954 December 2,2005 Page 2 CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES .~\ ~ \ .J THIS AGREEMENT made and entered into on this ;) -- day of 1Y-e.'CLh,iu,/.-.-.j , 200,0, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Ricci Greene Associates, hereinafter referred to as the "Consultant. " WITNESSETH: WHEREAS, the City desires to have certain services performed for its citizens; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; WHEREAS, the Consultant is qualified and able to provide consulting servIces III connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Addendum. Page 1 of 12 The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that the Consultant has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "C" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Page 2 of 12 9. Agreement shall commence on the date hereof and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "C" attached hereto, unless otherwise agreed to in writing by the parties. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by ~(?8Z-f f- i foe H , on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Auburn City Hall 25 West Main Auburn, W A 98001-4998 (253) 931-3000 FAX (253) 931-3053 Consultant Ricci Greene Associates 158 West 27th St. Tenth Floor New York, NY 10001 (212) 563-9154 FAX (212) 279-1037 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Page 3 of 12 Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1 ,000,000. 15. Indemnification. The Consultant shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provlSlon or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or Page 4 of 12 impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions. Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. Page 5 of 12 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBU~~ C~~ Peter B. Lewis, Mayor CONSULTANT /fu ~./} / / ( /Jr- Attest: '\ 1 l(/tA.J:jy {)fJ!l~:a(---. Dahielle E. Daskam City Clerk Page 6 of 12 EXHIBIT A SCOPE OF WORK Methodology. The planning process for the Auburn study will include a system analysis and needs assessment for the City projected over 5, 10, 15, and 20-year time horizons, which will be accompanied by a description of the operational philosophy of the facilities. These initial studies will translate into a detailed space program and cost estimates with respect to capital costs of construction and of operational life-cycle costs for new facilities. The level of effort of the Scope is to provide a departmental space program with adequate detail for establishing estimates accurate enough for budgeting purposes. The Scope is not intended as a basis for design projects, and any future design project would require additional work to ensure that each and every space is optimally sized to its need. The Scope assumes all new facilities. The scope does not incorporate any analysis of the City's existing jail and assumes it would not be incorporated to meet the full need. Task 1: Operational Philosophy . RGA will identify the City's operational philosophy for the jail facilities by conducting interactive meetings and discussions between city representatives and the consultant team, focusing on the establishment of baseline criteria and correctional philosophy. Through this process RGA will identify which functions and components are to be included in a new facility. Topics to be addressed will include: o Mixes of housing types, such as dormitories and single cells, as well as possible specialty housing units. o Unit size and configuration (i.e. direct supervision vs. linear housing), which will impact not only staffing, but the environment of the facility itself. o The support functions to be located at the jail, including administration, recreation, food services, laundry, educational programs, medical and mental health needs, security and other functions. o The possible inclusion of courtrooms in the facilities. o The impact of the size of the facility on the degree of services provided, for example, whether there is a full kitchen or simply warm-up facilities. o Whether Auburn might want to provide enhanced services in some areas, or serve as a regional hub for certain activities, such as intake, for example. o Design and operational cost impacted by operational philosophy, including building height, type of inmate supervision, courtroom placement, etc. Page 7 of 12 Task 2: Needs Assessment . Baseline inmate population projections will be provided for 5, 10, 15, and 20-year increments. The projections will be based on those developed for the full JAG study, which calls for the identification of inmate populations and projections for each city in King County, which would include Auburn. . RGA will adjust the JAG population projections to establish the City's baseline inmate population projections based on information established through interactive meetings and discussions between city representatives and the consultant team. Topics to be addressed will include: o JAG inmate classification requirements will be refined to help establish more detailed housing and bedspace requirements. o Any planned or potential changes in local justice system practices, particularly in regard to the use of alternatives to incarceration to determine their potential impact on projected bedspace needs. o The population counts will be converted into actual bed space requirements by incorporating a "utilization factor" to account for cell maintenance, classification, and "peaking". Peaking accounts for an anticipated peak inmate population, which occurs at various times in a facility. o Bed space requirements will be reported for each classification category as established in the classification discussions. Task 3: Facility Space ReQuirements . A space program, detailing the size of the facility's space requirements, will be developed for the 5, 10, 15, and 20-year projections. The program will be based on the bed space requirements, and will incorporate the following steps. 1. Establish Space Standards. Space standards will be established based on the American Correctional Association's (ACA) standards and good operating practice for other facilities. Other corrections facilities in the State of Washington will be considered as a regional precedent. 2. User Interviews. Auburn Jail representatives will be interviewed regarding their space needs for a proposed new facility based on the projected bedspace capacities and anticipated services. 3. Develop StaffiDl~ Plan. RGA will develop an initial staffing plan that responds to the number and type of housing units and support functions to be accommodated. o Initial staffing will be based on existing staffing levels at City facilities, to establish the types of staff positions, and the amount needed for particular service levels for each function. Page 8 of 12 o The plan will reflect industry operating practice and the planning considerations established through the previous tasks. o The staffing plan will reflect all of the staff "posts", applying shift relief factors to account for hours of operation (e.g. 9 am to 5 pm vs. 24/7 shifts), as well as absences due to vacations, holidays and sick times. 4. Establish Space Proe:ram. Applying the space standards to the information gathered from the interviews and initial staffing plan, a space program will be developed. o The space program will provide a room-by-room list ofthe space required, with a level of accuracy adequate for planning and budgeting purposes. o The program lists and quantifies by area each space in the facility by major functional component. Each component's respective spaces are totaled and multiplied by a departmental circulation (efficiency) factor, yielding the Net Occupiable Square Feet (NOSF) for each functional component. This is what is often referred to as the "usable" space in the building. o The NOSF for each component is summed and a building grossing factor accounting for unassignable areas, such as interdepartmental circulation space, mechanical and plumbing chases, exterior wall thicknesses, etc. This factor is applied to the total NOSF, resulting in the total Gross Square Feet required for construction (used as the basis for cost estimating). Task 4: Cost Estimates . RGA will estimate the operational and construction costs for the proposed jail facility. C3MG, RGA's estimator, will be collaborating with RGA on the costing activities. o Operational Costs. Taking into account the staffing requirements ascertained in the previous tasks, operational costs will be estimated by functional component, following the format of the initial staffing plan. Average staff costs (salaries plus overhead) will be used for several different categories, based on current salary information provided by the client. These cost will be applied to the staffing plan to estimate total annual staffing costs. (a) Life-cycle costs will reflect energy and maintenance cost, using a 20-year cycle, annualized. Life-cycle costs may vary slightly depending on the new jail configuration. The implications will be discussed. (b) The annualized operational cost information will be translated into daily costs per bed for use in comparing projected costs versus per diem rates. o Construction Costs. Construction cost estimates will be developed on a unit cost per square foot basis, following a "systems" approach, such as the Uniformat method used by the Federal government for pre-design stage estimates. These Page 9 of 12 estimates provide adequate information for planning and budgeting purposes, using basic assumptions about type of construction, overall configuration (e.g. high rise vs. low rise) and type of finishes. The estimates will also included allowances for "soft" costs, such as design fees, contingencies, voice/data technology, furniture and equipment, site development, escalation and other ancillary costs. Task 5: Scenarios. Alternatives. and Recommendations . Based on the information established in tasks 1-4, RGA will develop three programmatic scenarios that translate into different cost options for Auburn. o These scenarios may include building larger than the baseline to allow for housing of outside prisoners, or building smaller than the baseline and paying per diems to other facilities to house Auburn inmates. o The scenarios will use simple matrices to compare the "pro's" and "con's", key features, and comparative costs (both capital and operational) side-by-side. Implications of each scenario will be discussed. . A recommended plan will be developed through the work of the consultant and the consensus of the client team. The recommended option may be one of the three initially proposed, or a hybrid taking elements from several options. Once the decision is made by the City, a report will be issued including the work performed under the contract, with the recommended option clearly defined and described, together with size and cost information. Task 6: Reportine: and Meetine:s . Draft Reports will be issued, including an executive summary. Upon receipt of final comments, Final Reports will be issued. . On-Site meetings during the course of the project include: o Kick-off o Programming interviews o Progress meetings (2) o Alternatives workshop Page 10 of 12 EXHmIT B COMPENSA nON The Contractor will submit an invoice to the City of Auburn for services performed and reimbursable expenses after acceptance of the materials, or if the task is substantially complete. The compensation schedule is as follows: After first Auburn visit: 15% of contract ($9,811.20) After the City of Auburn accepts Operational Philosophy, Needs Assessment, Space Program (Tasks 1,2,3) 15%ofcontract(($9,811.20) After the City of Auburn accepts Cost Estimates (Task 4) 20% of contract ($13,081.60) After the City of Auburn accepts Scenarios, Alternatives, Recommendations (Task 5) 20% of contract ($13,081.60) After the City of Auburn accepts the Draft Report (Task 6) 20% of contract ($13,081.60) After the City of Auburn accepts the Final Report (Task 7) 10% of contract ($6,540.80) Total Contract amount: $65,408 Page 11 of 12 EXHIBIT C SCHEDULING The Contractor will begin providing services on December 1, 2005 and will complete services by October 1, 2006. The proposed schedule for completing the major task items as outlined in the Scope of Work (Exhibit A) is as follows: Kickoff Meeting - January Tasks 1, 2, 3 (Operational Philosophy, Needs Assessment, Space Program) - delivered mid May. Task 4 (Cost Estimates) - delivered mid June Task 5 (Scenarios, Alternatives, Recommendations) - delivered mid July Task 6 - Draft Report delivered end of July/early August for review/comment Task 7 - Final Report delivered end of August Page 12 of 12