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U. S. Department of Justice
United States Marshals Service
WORK MAY PROCEED A-2020-201-01
CLERK OF THE COUNCIL
AUG 16 Mclification of Intergovernmental Agreement
noTF-
1. Agreement No. 2. Effective Date
3. Facility Code(s) 4. Modification No: 5. DUNS No.
12-94-0006 February 1, 2022
OFK 2 N/A
6. Issuing Federal Agency
7. Local Government
United States Marshals Service
SANTA ANA CITY JAIL
Prisoner Operations Division
62 CIVIC CENTER PLZ
Intergovernmental Agreements Branch
SANTA ANA, CA 92701
CG-3, Suite 300
Washington, DC 20530-0001
8. Appropriation Data
9. Per -Diem Rate
10. Guard/Transportation Hourly Rate
15X1020
N/A
N/A
11. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA
DOCUMENT REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS
MODIFICATION:
The purpose of this modification is to add the following revisions to the current IGA:
1. Replacing "Purpose of Agreement and Security Provided" section with Addendum #1 (see attached)
2. Adding new language to "Medical Services" section pertaining to Covid-19 and other infectious diseases
(see Addendum #2 attached)
3. Adding "Pregnant or Post-Partum Prisoners" language to all Guard Services' sections (see Addendum 93
attached)
4. Adding new "Video Teleconferencing" section (see Addendum #4 attached)
5. Adding new "Voter Registration" section (see Addendum #5 attached)
6. Adding new "Body Camera Information Requests" section (see Addendum #6 attached)
7. Adding new language to "Restrictive Housing and Suicide Prevention" (see Addendum #7)
NO OTHER TERMS OR CONDITIONS ARE AFFECTED BY THIS CHANGE
12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION:
A. ❑ LOCAL GOVERNMENT IS NOT REQUIRED
B. ® LOCAL GOVERNMENT IS REQUIRED TO SIGN
TO SIGN THIS DOCUMENT
THIS DOCUMENT AND RETURN ALL COPIES TO
U. S. MARSHAL
13. APPROVALS
A. L L-GQ RNME
B. FEDERAL GOVERNMENT
r mlure
Signnrirre
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C./ '
Assistant Chief. Procurement
TITLE A
TITLE DATE
ATTEST:
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: q"4�
TAMARA BOGOSIAN
Senior Assistant City Attomey
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
U. S. Department of Justice
United States Marshals Service
Modification of Intergovernmental Agreement
Agreement Number: Page 2 of 5
12-94-0006
• Administration
1. Federal prisoners shall be housed in a manner consistent with the Federal Performance Based Detention Standards
(FPBDS) subset utilized by the USMS Detention Facility Review Program. These standards are set forth in Form
USM-218 (provided as an attachment to this modification). Facilities shall follow the current standards summarized
in Form USM-218 and any other standards required by an authorized agency whose prisoners are housed by the
Local Government pursuant to this agreement.
2. The FPBDS can be found at: http://www.usmarslials.gov/prisoner/detention-standards.htm
3. In the event that there is a conflict between standards, the FPBDS shall prevail. SANTA ANA CITY JAIL shall
comply with Congressional mandates, federal laws, Executive Orders and all existing SANTA ANA CITY JAIL
policies. SANTA ANA CITY JAIL shall provide a means for verification of any state inspections, accreditation, and,
if applicable, any alternative correctional facility accreditations such as an accreditation from the American
Correctional Association accreditation.
4. All work assignments for unsentenced Federal prisoners must be voluntary.
5. The Local Government shall conduct initial and periodic background and reference checks of applicants, employees,
contractors, and volunteers. All allegations of staff misconduct shall be investigated and reported to law enforcement
as appropriate. Staff misconduct involving or affecting USMS prisoners shall be reported to the local district United
States Marshal (USM), Chief, or their designee and to the USMS Prisoner Operations Division (POD) at
PODCoCInq ui riesausdoi.gov.
6. The Local Government shall maintain written policies and procedures that describe all facets of facility operations,
maintenance, and administration. The Local Government shall maintain written contingency and emergency plans
for situations including but not limited to riots, hunger strikes, disturbances, escapes, hostage situations, and mass
prisoner relocation.
T The Local Government shall maintain records of annual fire safety inspections. The Local Government shall
maintain dangerous materials in accordance with government regulations.
8. The Local Government shall maintain an objective review, classification, and housing process. Federal prisoners
shall be clearly identified as USMS prisoners in the classification system.
9. The Local Government shall ensure Federal prisoners under the age of 18 receive an age -appropriate diet, exercise,
and education.
10. The Local Government shall ensure Federal prisoners under the age of 18 or charged as ajuvenile shall be separated
by sight and sound and out of regular contact with adult prisoners, except in emergency situations or approval from
the court.
11. The Local Government shall keep the Facility clean and in good repair. Food service equipment shall meet
established health and safety codes. The Local Government shall provide a minimum of three (3) meals per day that
are varied and nutritionally adequate. The Local Government shall provide safe and clean space and items for proper
prisoner hygiene.
12. The Local Government will provide clean and serviceable bedding and clothing. Clothing and shoes shall be
properly sized and temperature and weather appropriate. The Local government shall provide appropriate attire upon
release.
li. The Local Government shall properly inventory, store, and return prisoner property upon release.
14. The Local Government shall provide adequate accommodations for prisoners with disabilities once accepted by the
Local Government.
15. The Local Government shall prohibit discrimination on the basis of disability, race, gender, sexual orientation,
religion, and national origin in the provision of services, programs, and activities.
U. S. Department of Justice
United States Marshals Service
Modification of Intergovernmental Agreement
Agreement Number: Page 3 of 5
12-94-0006
16. The Local Government shall provide prisoners with reasonable opportunities to participate in religious practices,
exercise, and access to mail, telephones, personal legal materials and legal reference materials or confidential
counsel.
17. The Local Government shall maintain a grievance program with at least one level of appeal. The grievance
procedures shall be made available to prisoners
• Medical Services
1. The Local Government shall maintain written procedures that describe actions taken in the event of a prisoner's
death, assault, or medical emergency to include notification to the USMS.
2. The Local Government shall provide a medical and mental health screening upon admission to the Facility. The
Local Government shall inform prisoners how to access health services.
3. The Local Government shall notify the local USMS district office of quy infectious disease outbreak
4. The Facility is encouraged to purchase non -OTC medications for USMS prisoners through the USMS' National
Managed Care Contract (NMCC) Discount Pharmacy Program.
5. The USMS will not reimburse the detention facility for medical payments made on behalf of USMS prisoners in the
absence of a specific arrangement approved in writing by the USMS.
6. The Facility shall have in place an adequate infectious disease control program which includes testing of all Federal
prisoners for Tuberculosis (TB) in accordance with National Commission on Correctional Health Care (NCCHQ
Standards for Health Services in Jails. TB testing shall occur with 14 days of intake (unless current TB tests results
are available), be promptly documented in the Federal prisoner's medical record and the results forwarded to the
local USMS District within thirty (30) days of intake. Special requests for expedited TB testing and clearance (to
include time sensitive moves) shall be accomplished through advance coordination by the Federal Government and
Local Government.
7. The Local Government shall immediately notify the Federal Government to include the local district office of any
cases of suspected or active TB or any other highly communicable diseases such as but not limited to Coronavirus
Disease (COVID), severe acute respiratory syndrome (SARS), Avian Flu, Methicillin-Resistant Staphylococcus
Aureus (MRSA), Chicken Pox, etc., which might affect scheduled transports or productions.
8. Indigent Federal prisoners shall not be denied medical evaluation and treatment for failure to provide a co -payment
• Optional Guard/Transportation Services to/from Medical Facility
1. The Local Government agrees to provide additional personnel if requested by the USMS to enhance specific
requirements for security, prisoner monitoring, and contraband control. Federal prisoners are not permitted to use
the telephone, internet or WIFI enabled devices, or to receive outside food, drinks, or deliveries (including flowers)
without consent from the USMS. The Local Government shall restrain Federal prisoners by attaching at least one
extremity to the hospital bed, stretcher, or chair at all times when medically possible. Pregnant or postpartum
prisoners should not be restrained. Postpartum is the twelve -week period following childbirth, miscarriage, or
abortion. See First Step Act provision for more information.
U. S. Department of Justice
United States Marshals Service
Modification of Intergovernmental Agreement
Agreement Number: Page 4 of 5
12-94-0006
• Optional Guard/Transportation Services to/from U.S. Courthouse
1. Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless
otherwise authorized by the USMS. Pregnant or postpartum prisoners should not be restrained. Postpartum is the
twelve -week period following childbirth, miscarriage, or abortion. See First Step Act provision for more informati
Deviations from full restraints must be documented and reported monthly to the local district USM, Chief, or their
designee and to the USMS POD at PODCoClnquiries@usdoi,.eov.
• Optional Guard/Transportation Services to Justice Prisoner & Alien Transportation System (JPATS)
1. Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless
otherwise authorized by the USMS. Pregnant or postpartum prisoners should not be restrained. Postpartum is the
twelve -week period following childbirth, miscarriage, or abortion. See First Step Act provision for more informati
Deviations from full restraints must be documented and reported monthly to the local district USM, Chief, or their
designee and to the USMS POD at PODCoClnquiries@usdoj.EOv.
• Optional Guard Services to Video Teleconference Hearings within Facility
1. Each prisoner will be fully restrained in handcuffs, waist chain, and leg restraints during transportation unless
otherwise authorized by the USMS. Pregnant or postpartum prisoners should not be restrained. Postpartum is
the twelve -week period following childbirth, miscarriage, or abortion. See First Step Act provision for more
information. Deviations from full restraints must be documented and reported monthly to the local district
USM, Chief, or their designee and to the USMS POD at PODCoClnquiriesgusdoj:gov
• Video Teleconference Hearings within the Facility
1. If available, the facility shall furnish, as applicable to this agreement, all things necessary for, or incident to,
providing Video Teleconference (VTC) hearings within the facility. When VTC equipment is not available at the
facility, the Federal Government, in coordination with the Courts, may assist with providing VTC equipment and
ancillary items to the facility.
• Ensuring Access to Voter Registration for Eligible Individuals in Federal Custody
1. The facility, to the extent practicable and appropriate, will provide federal prisoners educational materials related to
voter registration and voting and, upon request by the federal prisoner, facilitate voting by mail by prisoners who are
eligible to vote under the laws of the applicable jurisdiction. The facility will work with state and local election
officials and, in appropriate circumstances, may also work with other reliable sources of voter information to assist
federal prisoners with voter registration, voting by mail, and notification of upcoming elections. This clause does not
endorse or advocate in support of or in opposition to any candidate or political party.
U. S. Department of Justice
United States Marshals Service
Modification of Intergovernmental Agreement
Agreement Number: Page -5 of 5
12-94-0006
Body Worn Camera Information Requests
1. If the Local Government adopts a Body Worn Camera (B WC) use policy that mandates use of B WC for transport or
other activities covered under the IGA, the agency shall, upon request by USMS, provide USMS with the
audio/video footage and any metadata captured by the B WC pertaining to USMS prisoner incidents. The audio/videc
footage and any metadata may be requested by the USMS Body Worn Camera Program and the USMS Office of
General Counsel. The agency agrees that no BWC footage depicting a USMS prisoner will be released without
advance written notification to the USMS.
• Restrictive Housing and Suicide Prevention
1. For the purposes of this agreement, "vulnerable population" refers to prisoners who are more likely to be victimized
in confinement settings, including but not limited to: juveniles; young adults (age 18-24 at time of admission througl
conviction); prisoners with serious mental illness; lesbian, gay, bisexual, transgender, intersex, and gender
nonconforming prisoners; pregnant and postpartum prisoners; and prisoners with medical needs.
NO OTHER TERMS OR CONDITIONS ARE AFFECTED BY THIS
MODIFICATION