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Agenda Item
ASR
Control 26-000101 |
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MEETING
DATE: |
04/14/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
3,
5 |
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SUBMITTING Agency/Department: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
Brian
Wayt (714) 647-1803 |
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Noma
M. Crook (714) 834-6681 |
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Subject: Performance Audit Assembly Bill 900
& Senate Bill 1022 James A. Musick Project
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
No
Legal Objection |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Receive and File
Audit Report for Assembly Bill (AB) 900, Chapter 7, Statutes of 2007) and
Senate Bill (SB) 1022, Chapter 42, Statutes of 2012 related to the James A.
Musick Facility Project and direct the Sheriff-Coroner and designees to
distribute the Audit Report to required state or local agencies and take all
necessary actions to ensure compliance with the County’s AB 900 and SB 1022
agreements and financing programs. |
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2. |
Authorize
Sheriff-Coroner Department to submit Audit Report for Assembly Bill (AB) 900,
Chapter 7, Statutes of 2007) and Senate Bill (SB) 1022, Chapter 42, Statutes
of 2012 to the Board of State and Community Corrections. |
SUMMARY:
Pursuant to the Board of State and
Community Corrections Agreement, Section 4(C) and Titles 15, Section 1770,
Audits (for local adult detention facilities) and 1870 Audits (for local
juvenile facilities) within 90 days of completion of the construction project,
the County must obtain and submit a final audit to the Board of State and
Community Corrections.
BACKGROUND
INFORMATION:
On May 3, 2007, the Public Safety and
Offender Rehabilitation Services Act of 2007 became law (AB 900, Chapter 7,
Statutes of 2007) and provided up to $1.2 billion total, in two phases, for
financing the construction of local jail facilities. Although the County of
Orange could not accept funding from the first phase of allocations due to
certain project requirements, those requirements were changed for the second
phase of funding, which permitted the County to participate in seeking funding
for the expansion of the James A. Musick Facility (JAMF).
The Sheriff-Coroner submitted the Request
for Application and received a conditional award in the amount of $100 million
on March 8, 2012. On March 8, 2013, the
State Public Works Board (SPWB) approved the action to allocate funding to
complete design and construction for this JAMF project. The establishment of
the project by the SPWB allows the County to commit funding to design and
construction that is reimbursable from the AB 900 Phase II $100 million award.
On July 23, 2013, the BSCC on behalf of
the State of California issued a Request for Proposals (RFP) to establish
conditional awardees and allocate financing as authorized by SB 1022 for the
construction of program and treatment space for adult local criminal justice
facilities. For large counties such as
Orange County, $80 million was established as the maximum amount of state
financing available. On January 16, 2014, Orange County received a conditional
award for $80 million for the construction of program, treatment, and housing
space at the JAMF.
On January 20, 2016, the County Executive
Officer (CEO) executed the BSCC Jail Construction Agreement for the Orange
County AB 900 Jail Financing Program. Total eligible project costs were
$235,636,814, including the State’s AB 900 share of $100 million.
On November 1, 2019, the CEO executed the
BSCC Jail Construction Agreement for the Orange County SB 1022 Adult Local
Criminal Justice Facility Construction Financing Program. Total eligible
project costs were $123,808,968, including the State’s SB 1022 share of $80
million.
The overall project budget was modified
due to an expanded scope of the project and other reasons. The AB 900 budget
was modified on December 16, 2020, to adjust the State’s share between budgeted
categories. The State’s total AB 900 share was unchanged. Also, on December 16,
2020, the SB 1022 budget was modified to increase the total budget to
$102,817,928. The State’s total SB 1022 share was unchanged.
The table below details pertinent dates
related to the JAMF expansion:
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Board Approved |
Amendment Number or Contract |
Contract Term |
Contract Amount |
Comments |
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3/12/2019 |
N/A |
N/A |
N/A |
Approve plans specifications and bid
document for the JAMF. |
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5/5/2020 |
Multiple Contracts |
N/A |
$288,017,460 |
Approve Construction contract with
Bernards Bros., Inc.; Approve Project management contract with Vanir
Construction Management, Inc.; Approve Service Agreement with Irvine Ranch
Water District for sewer and water connections. |
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6/2/2020 |
Resolution |
N/A |
N/A |
Adopt Resolutions confirming funding
sources for AB 900 and SB 1022. |
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1/10/2023 |
One |
N/A |
$13,055,900 |
Increased contract with Bernards Bros.,
Inc. for construction contingency; Adopt Resolutions for AB 900 and SB 1022
for JAMF Phase 2 for construction financing. |
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8/27/2024 |
Resolution |
N/A |
N/A |
Board adopted resolution authorizing the
execution and delivery of the Facility sublease for the Project and
authorized other actions and the execution of other documents. |
On
June 22, 2023, County issued a service contract to Eide Bailly LLP for
Independent Auditing and Related Services to perform the requirements specified
in the BSCC Audit Guide of the construction financing program of AB 900 and SB
1022.
Pursuant
to the BSCC Agreement, Section 4(C) and Titles 15, Section 1770, Audits (for
local adult detention facilities) and 1870 Audits (for local juvenile
facilities) within 90 days of completion of the construction project, the
County must obtain and submit a final audit to the BSCC. The BSCC granted an
extension to the County until May 20, 2026.
The
performance audit covered the period starting with the execution of the
agreement with the BSCC (AB 900 – January 20, 2016, and SB 1022 – November 1,
2019) through the project completion date of June 30, 2025. Attachment A.
The
audit was finalized on February 24, 2026, and consisted of all state financing
as well as all County contributions, and determined the following:
That
the State financing and County’s contribution (cash/hard and/or in-kind/soft
match funds) were expended in accordance with applicable laws, regulations, and
BSCC Agreement and Project Delivery
and
Construction Agreement Requirements:
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A. |
That the State financed projects are
within approved scope and budgeted costs; |
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B. |
That the State financed projects are in
compliance with applicable laws, regulations, and established criteria; and |
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C. |
That the State financed projects
achieved their intended outcome(s). |
The audit report concluded the County
expended grant proceeds only for eligible costs in accordance with applicable
laws, regulations, BSCC Agreement and Project Delivery and Construction
Agreement requirements, including the match requirements. Attachment A.
Sheriff now asks the Board to receive and
file Audit Report for AB 900/SB 1022 and grant authority to send the final
report to the BSCC.
FINANCIAL
IMPACT:
N/A
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A – Performance Audit Report for AB 900/SB 1022 James A. Musick Facility
Project
Attachment B – AB 900 Board of State and Community Corrections Agreement
Attachment C – SB 1022 Board of State and Community Corrections Agreement