HomeMy WebLinkAbout20C - AA- AGMT - FEDERAL PAROLEES AND INMATESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 18, 2014
TITLE:
AGREEMENT WITH THE BUREAU OF
PRISONS TO PROVIDE HOUSING FOR
FEDERAL PAROLEES AND INMATES
(STRATEGIC PLAN NO. 1, 4A)
6
CITY MANAfdER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute a new three -year
housing agreement with the Bureau of Prisons for jail housing services at the per diem
rate of $105 per inmate, subject to non - substantive changes approved by the City
Manager and City Attorney.
2. Approve an appropriation adjustment recognizing $200,000 in Jail Facility Rental revenue
in the General Fund revenue account (no. 01114002 57460) and appropriate same to the
Field Operations expenditure account (no. 01114420 - 61000).
DISCUSSION
The Federal Bureau of Prisons (BOP) has a need to house up to 60 inmates who have failed the
pre - release residential confinement regimen or who are sentenced to less than 365 days. Rather
than send these individuals back to prison, local federal parole offices would book violators or
short-term sentenced inmates to the Santa Ana Jail. As a sister agency to the United States
Marshals Service (USMS), BOP is authorized to emulate the existing USM's contract with the
City at the negotiated per diem rate of $105. It is expected after the flux of the initial booking
period, the Bureau's average daily population (ADP) will level off to approximately 30 to 40
inmates.
An ADP of 30 inmates will generate $94,500 monthly, or $1,134,000 per year. This fiscal year,
the Police Department is anticipating between $200,000 and $661,500, depending on the
quantity and arrival date of BOP inmates. $200,000 will be recognized and appropriated this
fiscal year, and the FY 2015 -16 Jail Facility Rental revenue projection will be revised to include
this new revenue source. These funds will be used to support the hiring of additional full -time
police officers. The agreement is effective upon the date of signature of authorized BOP officials
and can be terminated by either party for any reason with the written notice of 30 calendar days
in advance of termination.
20C -1
Agreement with Bureau of Prisons
November 18, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a
sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and
identify short- and long -term goals to effectively meet the needs of the community through contract
negotiations with outside agencies, evaluation of staffing needs and increasing operational
efficiency).
FICAL IMPACT
The appropriation adjustment will recognize $200,000 in Jail Facility Rental revenue in the
General Fund revenue account (no. 01114002 57460) and appropriate same to the Field
Operations expenditure account (no. 01114420 — 61000).
Carlos Rows
Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director, Finance & Mgmt. Services
20Ci-2
AGREEMENT WITH FEDERAL BUREAU OF PRISONS TO HOUSE INMATES
AT THE SANTA ANA JAIL
THIS AGREEMENT is entered into on November 18, 2014, by and between the
Bureau of Prisons, an agency of the United States of America ( "BOP ") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ( "City ").
RECITALS:
A. WHEREAS, The City and the United States Marshals entered into a Detention
Services Intergovernmental Agreement ( "IGA "), Agreement #2014 -114 wherein the
City agrees to house United States Marshal's prisoners and inmates pursuant to the
terms set forth in the Agreement. This was an arms' length transaction duly
negotiated between the two parties resulting in an exchange of services for valuable
consideration.
B. WHEREAS, BOP and United States Marshals are both agencies of the federal
government with similar requirements for contracting. BOP now desires to enter into
an Agreement to house BOP inmates under the same terms and conditions (except
those specifically noted) set forth in the United States Marshal's IGA attached hereto
as Exhibit "A" and incorporated herein by reference as though set forth herein in its
entirety.
WHEREFORE, in consideration of the covenants contained in the attached United
States Marshal's IGA Agreement, and subject to all the terms and conditions of said
Agreement, except those amended or added below, the parties agree as follows:
1. Section 13a. Optional Guard /Transportation Services is amended to delete the check
mark in the box entitled "U.S. Courthouse" and to add a check mark in the box
entitled "Other ". Next to the box "Other," "Residential Reentry Programs" is added.
2. On Page 4 of the Agreement under the section entitled "Period of Performance and
Termination" the following language is deleted "USMS Prisoner Operations official"
and replaced with the following language "authorized BOP official." In the same
section, the following language is deleted "and remains in effect unless inactivated in
writing by either party" and is replaced with the following language "and is
terminated on November 1, 2017."
3. On Page 6 of the Agreement under the section entitled "Medical Services" a
paragraph will be added at the end of the section which reads as follows:
"In the event that a Bureau of Prison inmate is hospitalized, the City will make
regular telephone calls to the hospital to determine if the inmate is at the hospital.
20C -3
`Regular' calls will mean one telephone call during each time a day that a head
count is made at the Santa Ana Jail. If the City is advised by the hospital that the
Bureau of Prison inmate has left the hospital, the City will notify the Bureau of
Prisons contact immediately. While a Bureau of Prisons inmate is hospitalized,
City will receive a rate of %: per diem per day."
4. On Page 8 of the Agreement under the section entitled "Optional
Guard/Transportation Services to U.S. Courthouse' all references to "U.S.
Courthouse" are replaced with "Residential Reentry Centers." In addition, a
paragraph is added to this section which reads as follows:
"The window for each transport from local Residential Reentry Programs will be
no later than 96 hours after City receives notice of the need for transport."
5. On Page 9 of the Agreement under the section entitled "Special Notifications" the
following language is deleted "The Local Government shall use all reasonable means
to apprehend the escaped Federal detainee and all reasonable costs in connection
therewith shall be borne by the Local Government" and replaced with the following
language "The Local Government is to take no action to apprehend an escaped
Federal Bureau of Prisons inmate or detainee, but shall notified the Residential
Reentry Manager:
Jeff Maston, Residential Reentry Manager
Central and Southern Districts of California
(310)732 -5178
Jmaston(d),bop.go
6. On Page 11 of the Agreement under the section entitled "Billing and Financial
Services" the United States Marshals Service address and telephone number are
replaced with the following:
Linda Townsel
Senior Contracting Officer
Contract Acquisitions Branch,
320 1 st Street, Room 5005
Washington, D.C. 20534
(202)616 -5887,
ltownsel i bon.eov (preferred method of contact)
7. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is not,
in fact, held by the signatory or is withdrawn.
20C -4
8. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
9. Except as hereinabove amended, all terms and conditions of said United States
Marshal's IGA Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: R
Laura A. Rossini
Senior Assistant City Attorney
CARLOS ROJAS
Chief of Police
FOR APPROVAL:
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
BUREAU OF PRISONS
Linda Townsel
Senior Contracting Officer
20C -5
EXHIBIT "A"
20C -6
A- 2014 -114
U.S. Department of Justice Detention Services
United States Marshals Service Intergovernmental Agreement
Prisnner Oneratinns Division
Page 1 of 15
20Ci -%
1. Agreement Number 2. Effective Date
3. Facility Code(s) 4. DUNS Number
12 -94 -0006 See Block 19
OFK 083153247
S. Issuing Federal Agency
6. Local Government
Santa Ana Jail
United States Marshals Service
62 Civic Center Plaza (M -88)
Prisoner Operations Division
2604 Jefferson Davis Highway
Santa Ana, CA 92702
Alexandria, VA 22301 -1025
Tax ID #: 95- 6000785
7. Appropriation Data
8. Local Contact Person
15- 1020/X
Ann Matulin
9. Telephone: (714) 245 -8120
Fax: (714) 245 -8116
Email: amatulin @santa- ana.or
yy—, Y'VY. eY Ser
+i vices
:III
Estimated Number of Federal
Pe�fD em a
10. This agreement is for the housing, safekeeping,
11.
12.
and subsistence of Federal detainees, in accordance
with content set forth herein.
Male: 416 Female: 96
$105.00
Total:
13a. Optional Guard /Transportation Services to:
14.
❑ Medical Facility ❑ Other
Guard /Transportatlon Hourly Rate: $36.00
® U.S. Courthouse
❑ JPATS
131b. ❑ Department of Labor Wage Determination
15. Local Government Certification
16. Signature of Person Authorized to Sign (Local)
To the best of my knowledge and belief, information
SEE ATTACHED SIGNATURE PAGE
submitted in support of this agreement is true and
correct. This document has been duly authorized by
Signature
the governing authorities of their applying
SEE ATTACHED SIGNATURE PAGE
Department or Agency State or County Government
and therefore agree to comply with all provisions set
Print Name
forth herein this document.
SEE ATTACHED SIGNATURE PAGE
Title Date
17.Federal Detainee
18. Other Authorized
19. Signature of Person Authorized to Sign (Federal)
Type Authorized
Agency User
® Adult Male
❑ BOP
Signature
® Adult Female
El Juvenile Male
❑ ICE
Aisha Ogburn
Print Name
❑ Juvenile Female
Grants Specialist
Title Date
Page 1 of 15
20Ci -%
Agreement Number 12 -94 -0006
ATTEST:
M.r�UT_
MARIA HUTZR AR
Clerk of the Cou cil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By::�I
Laura A. Rossini
, YAssistant City Attorney
RECOMMENDED FOR APPROVAL:
a6�1 .1
J
Carlos Rojas
Chief of Police
C+F!i�iil,��_T►� I►aT_1►�e1
DAVID CAVAZOS
City Manager
Page 2 of 15
20C -8
Local Government (initial):
Federal Government (initial):
Agreement Number 12 -94 -0006
Authority.............................................................................. ............................... 4
Purpose of Agreement and Security Provided ............................. ..............................4
Period of Performance and Termination ..................................... ..............................4
Assignment and Outsourcing of Jail Operations .......................... ...............................
5
MedicalServices .................................................................... ...............................
5
AffordableCare Act... ...................................................................... .....................
6
Receiving and Discharge of Federal Detainees ........................... ...............................
7
Optional Guard /Transportation Services to Medical Facility ........... ..............................7
Optional Guard /Transportation Services to U.S. Courthouse ........ ...............................
8
Optional Guard /Transportation Services to Justice Prisoner & Alien Transportation
System(]PATS) ...................................................................... ..............................8
SpecialNotifications ................................................................ ..............................9
Special Management Inmates and Suicide Prevention .................. ..............................9
Prison Rape Elimination Act (PREA) ........................................ ...............................
10
ServiceContract Act ............................................................. ...............................
10
Per -Diem Rate ..................................................................... ...............................
10
Billing and Financial Provisions .............................................. ...............................
it
PaymentProcedures ............................................................. ...............................
12
HoldHarmless ..................................................................... ...............................
12
Disputes............................................................................. ...............................
12
Inspection of Services .......................................................... ...............................
12
Modifications....................................................................... ...............................
13
Litigation............................................................................ ...............................
13
Rape Elimination Act Reporting Information ............................ ...............................
14
Page 3 of 15 �D�,
Local Government (initial): _
Federal Government (initial): _
20C -9
Agreement Number 12 -94 -0006
Authority
Pursuant to the authority of Section 119 of the Department of Justice Appropriations Act
of 2001 (Public Law 106 -553), this Agreement is entered into between the United States
Marshals Service (hereinafter referred to as the "Federal Government ") and Santa Ana
Jail County Jail, State or County Government (hereinafter referred to as "Local
Government'), who hereby agree as follows:
Purpose of Agreement and Security Provided
The Federal Government and the Local Government establish this Agreement that allows
the United States Marshals Service (USMS) or other authorized agency user as noted in
block #18 on page (1) to house Federal detainees with the Local Government at the
Santa Ana Jail 62 Civic Center Plaza (M -88) Santa Ana, CA 92701 County Jail
(hereinafter referred to as "the Facility ") designated in #6 page 1.
The population (hereinafter referred to as "Federal detainees, ") will include individuals
charged with Federal offenses and detained while awaiting trial, individuals who have
been sentenced and are awaiting designation and transport to a Bureau of Prisons (BOP)
facility, and individuals who are awaiting a hearing on their immigration status or
deportation.
The Local Government shall accept and provide for the secure custody, safekeeping,
housing, subsistence and care of Federal detainees in accordance with all state and local
laws, standards, regulations, policies and court orders applicable to the operation of the
Facility. Detainees shall also be housed in a manner that is consistent with Federal law
and the Core Detention Standards and /or any other standards required by an authorized
agency whose detainees are housed by the Local Government pursuant to this
Agreement (see attached).
The USMS ensures the secure custody, care, and safekeeping of USMS
detainees. Accordingly, all housing or work assignments, and recreation or other
activities for USMS detainees are permitted only within secure areas of the building or
within the secure external recreational /exercise areas.
At all times, the Federal Government shall have access to the Facility and to the Federal
detainees housed there, and to all records pertaining to this Agreement, including
financial records, for a period going back three (3) years from the date of request by the
Federal Government.
Period of Performance and Termination
This Agreement is effective upon the date of signature of the authorized USMS Prisoner
Operations Division official, and remains in effect unless inactivated in writing by either
party. Either party may terminate this Agreement for any reason with written notice at
Page 4 of 15
Local Government (initial
Federal Government (initial):
20C -10
Agreement Number 12 -94 -0006
least thirty (30) calendar days in advance of termination, unless an emergency situation
requires the immediate relocation of Federal detainees.
Where the Local Government has received a Cooperative Agreement Program (CAP)
award, the termination provisions of the CAP prevail.
Assignment and Outsourcing of Jail Operations
The overall management and operation of the Facility housing Federal detainees may
not be contracted out without the prior express written consent of the Federal
Government.
Medical Services
The Local Government shall provide Federal detainees with the same level and range of
care inside the Facility as that provided to state and local detainees. The Local
Government is financially responsible for all medical care provided inside the Facility to
Federal detainees. This includes the cost of all medical, dental, and mental health care
as well as the cost of medical supplies,. over - the - counter medications and, any
prescription medications routinely stocked by the Facility which are provided to Federal
detainees. When possible, generic medications should be prescribed. The cost of all of
the above - referenced medical care is covered by the Federal per diem rate. However,
for specialized medical services not routinely provided within the Facility, such as
dialysis, the Federal Government will pay for the cost of that service.
The Federal Government is financially responsible for all medical care provided outside
the Facility to Federal detainees. The Federal Government must be billed directly by
outside medical care providers pursuant to arrangements made by the Local
Government for outside medical care. The Local Government should utilize outside
medical care providers that are covered by the USMS's National Managed Care Contract
(NMCC) to reduce the costs and administrative workload associated with these medical
services. The Local Government can obtain information about NMCC covered providers
from the local USMS District Office. The Federal Government will be billed directly by
the medical care provider not the Local Government. To ensure that Medicare rates are
properly applied, medical claims for Federal detainees must be on Centers for Medicare
and Medicaid (CMS) Forms so that they can be re- priced to Medicare rates in accordance
with the provisions of Title 18 U.S.C. Section 4006. If the Local Government receives
any bills for medical care provided to Federal detainees outside the Facility, the Local
Government should immediately forward those bills to the Federal Government for
processing.
All outside medical care provided to Federal detainees must be pre- approved by the
Federal Government except in a medical emergency. In the event of an emergency, the
Local Government shall proceed immediately with necessary medical treatment, In such
Page 5of15 0C
Local Government (initial): _
Federal Government (Initial): _
20C -11
Agreement Number 12 -94 -0006
an event, the Local Government shall notify the Federal Government immediately
regarding the nature of the Federal detainee's illness or injury as well as the types of
treatment provided.
Medical care for Federal detainees shall be provided by the Local Government in
accordance with the provisions of USMS, Publication 100- Prisoner Health Care Standards
(www.usmarshals.gov/iprisoner/standards.htm) and in compliance with the Core
Detention Standards or those standards which may be required by any other authorized
agency user. The Local Government is responsible for all associated medical record
keeping.
The Facility shall have in place an adequate infectious disease control program which
includes testing of all Federal detainees for Tuberculosis (TB) within 14 days of intake.
TB testing shall be accomplished In accordance with the latest Centers for Disease
Control (CDC) Guidelines and the result promptly documented in the Federal detainee's
medical record. Special requests for expedited TB testing and clearance (to Include time
sensitive moves) will be accomplished through advance coordination by the Federal
Government and Local Government,
The Local Government shall immediately notify the Federal Government of any cases of
suspected or active TB or any other highly communicable diseases such as Severe Acute
Respiratory Syndrome (SARS), Avian Flu, Methicillin- Resistant Staphylococcus Aureus
(MRSA), Chicken Pox, etc., which might affect scheduled transports or productions so
that protective measures can be taken by the Federal Government.
When a Federal detainee is being transferred and /or released from the Facility, they will
be provided with seven (7) days of prescription medication which will be dispensed from
the Facility. Medical records and the USM -553 must travel with the Federal detainee. If
the records are maintained at a medical contractor's facility, it is the Local Government's
responsibility to obtain them before a Federal detainee is moved.
Federal detainees may be charged a medical co- payment by the Local Government in
accordance with the provisions of Title 18, USC Section 4013(d). The Federal
Government is not responsible for medical co- payments and cannot be billed for these
costs even for indigent Federal detainees.
Affordable Care Act
The Local Government shall provide Federal detainees, upon release of custody,
information regarding the Affordable Care Act, The Affordable Care Act website is located
at http: / /www,hhs.gov /opa /affordable- care -act /.
Page 6 of 15 j
Local Government (initial)Y_
Federal Government (initial): _
20C -12
Agreement Number 12 -94 -0006
Receiving and Discharge of Federal Detainees
The Local Government agrees to accept Federal detainees only upon presentation by a
law enforcement officer of the Federal Government or a USMS designee with proper
agency credentials
The Local Government shall not relocate a Federal detainee from one facility under its
control to another facility not described in this Agreement without permission of the
Federal Government. Additional facilities within the same Agreement shall be identified
in a modification.
The Local Government agrees to release Federal detainees only to law enforcement
officers of the authorized Federal Government agency initially committing the Federal
detainee (i.e., Drug Enforcement Administration (DEA), Immigration and Customs
Enforcement (ICE), etc.) or to a Deputy United States Marshal (DUSM) or USMS
designee with proper agency credentials. Those Federal detainees who are remanded to
custody by a DUSM may only be released to a DUSM or an agent specified by the DUSM
of the Judicial District.
USMS Federal detainees sought for a state or local court proceeding must be acquired
through a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then
only with the concurrence of the jurisdictional United States Marshal (USM).
Optional Guard /Transportation Services to Medical Facility
If Medical Facility in block #13 on page one (1) of this Agreement is checked, the Local
Government agrees, subject to the availability of its personnel, to provide transportation
and escort guard services for Federal detainees housed at the Facility to and from a
medical facility for outpatient care, and transportation and stationary guard services for
Federal detainees admitted to a medical facility.
These services should be performed by at least two (2) armed qualified law enforcement
or correctional officer personnel. Criteria as specified by the County Entity running the
facility. In all cases these are part of a fulltime Law Enforcement Officer (LEO) or
Correctional Officer (CO) that have met the minimum training requirements.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requirement for security, prisoner monitoring, visitation, and
contraband control.
If an hourly rate for these services have been agreed upon to reimburse the Local
Government, it will be stipulated in block #14 on page one (1) of this Agreement. After
forty -eight (48) months, if a rate adjustment is desired, the Local Government shall
submit a request. Mileage shall be reimbursed in accordance with the current GSA
mileage rate.
Page 7 of 15
local Government (initial)9-C,
Federal Government (initial):
20C -13
Agreement Number 12 -94 -0006
Optional Guard /Transportation Services to U.S. Courthouse
If U.S. Courthouse in block #13 on page one (1) of this Agreement is checked, the Local
Government agrees, subject to the availability of its personnel, to provide transportation
and escort guard services for Federal detainees housed at its facility to and from the
U.S. Courthouse.
These services should be performed by at least two (2) armed qualified law enforcement
or correctional officer personnel.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requirements for security, detainee monitoring, and contraband control.
Upon arrival at the courthouse, the Local Government's transportation and escort guard
will turn Federal detainees over to a DUSM only upon presentation by the deputy of
proper law enforcement credentials.
The Local Government will not transport Federal detainees to any U.S. Courthouse
without a specific request from the USM or their designee who will provide the detainee's
name, the U.S. Courthouse, and the date the detainee is to be transported.
Each detainee will be restrained in handcuffs, waist chains, and leg irons during
transportation unless otherwise authorized by the USMS.
If an hourly rate for these services have been agreed upon to reimburse the Local
Government, it will be stipulated in block #14 on page one (1) of this Agreement. After
forty -eight (48) months, if a rate adjustment is desired, the Local Government shall
submit a request. Mileage shall be reimbursed in accordance with the current GSA
mileage rate.
Optional Guard /Transportation Services to Justice Prisoner & Alien
Transportation System (]PATS)
If ]PATS in block #13 on page one (1) of this Agreement is checked, the Local
Government agrees, subject to the availability of its personnel, to provide transportation
and escort guard services for Federal detainees housed at Its facility to and from the
]PATS.
These services should be performed by at least two (2) armed qualified law enforcement
or correctional officer personnel.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requirements for security, detainee monitoring, and contraband control.
Page 8of15 oj-
Local Government (initial).
Federal Government (initial):
20C -14
Agreement Number 12 -94 -0006
Upon arrival at JPATS, the Local Government's transportation and escort guards will turn
federal detainees over to a DUSM only upon presentation by the deputy of proper law
enforcement credentials.
The Local Government will not transport federal detainees to the airlift without a specific
request from the USM who will provide the detainee's name, location (district), and the
date the detainee is to be transported.
Each detainee will be restrained in handcuffs, waist chains, and leg irons during
transportation.
If an hourly rate for these services has been agreed upon to reimburse the Local
Government, it will be stipulated on in block #14 on page one (1) of this
Agreement. After forty -eight (48) months, if a rate adjustment is desired, the Local
Government shall submit a request. Mileage shall be reimbursed in accordance with the
current GSA mileage rate.
Special Notifications
The Local Government shall notify the Federal Government of any activity by a Federal
detainee which would likely result in litigation or alleged criminal activity.
The Local Government shall immediately notify the Federal Government of an escape of
a Federal detainee. The Local Government shall use all reasonable means to apprehend
the escaped Federal detainee and all reasonable costs in connection therewith shall be
borne by the Local Government. The Federal Government shall have primary
responsibility and authority to direct the pursuit and capture of such escaped Federal
detainees. Additionally, the Local Government shall notify the Federal Government as
soon as possible when a Federal detainee is involved in an attempted escape or
conspiracy to escape from the Facility.
In the event of the death or assault or a medical emergency of a Federal detainee, the
Local Government shall immediately notify the Federal Government.
Special Management Inmates and Suicide Prevention
The Local Government shall have written policy, procedure, and practice require that all
special management inmates are personally observed by a correctional officer twice per
hour, but no more than 40 minutes apart, on an irregular schedule. Inmates who are
violent or mentally disordered or who demonstrate unusual or bizarre behavior receive
more frequent observation; suicidal inmates are under constant observation.
Page 9 of 15 9 • C
Local Government (initial):
Federal Government (initial): _
20C -15
Agreement Number 12 -94 -0006
The Local Government shall have a comprehensive suicide - prevention program in place
incorporating all aspects of identification, assessment, evaluation, treatment, preventive
intervention, and annual training of all medical, mental health, and correctional staff.
Prison Rape Elimination Act (PREA)
The Facility must post the Prison Rape Elimination Act brochure /bulletin in each housing
unit of the Facility. The Facility must abide by all relevant PREA regulations.
Service Contract Act
This Agreement incorporates the following clause by reference, with the same force and
effect as if it was given in full text. Upon request, the full text will be made available.
The full text of this provision may be accessed electronically at this
address: httg://www.dol.govZoasam/regs/statutes/351.htm.
Federal Acquisition Regulation Clause(s):
52.222 -41 Service Contract Act of 1965, as Amended (July 2005)
52.222 -42 Statement of Equivalent Rates for Federal Hires (May 1989)
52.222 -43 Fair Labor Standards Act and the Service Contract Act - Price Adjustment
(Multiyear and Option Contracts) (May 1989)
The current Local Government wage rates shall be the prevailing wages unless notified
by the Federal Government.
If the Department of Labor Wage Determination block #13b on page one (1) of this
Agreement is checked, the Local Government agrees, in accordance with FAR PART
52.222.43 (f), must notify the Federal Government of any increase or decrease in
applicable wages and fringe benefits claimed under this clause within 30 days after
receiving a new wage determination.
Per -Diem Rate
The Federal Government will use various price analysis techniques and procedures to
ensure the per -diem rate established by this Agreement is considered a fair and
reasonable price. Examples of such techniques include, but are not limited to, the
following:
1. Comparison of the requested per -diem rate with the independent Federal
Government estimate for detention services, otherwise known as the Core Rate;
Page 10 of 15 0
Local Government (initial): _
Federal Government (initial): _
20C -16
Agreement Number 12 -94 -0006
2. Comparison with per -diem rates at other state or local facilities of similar size
and economic conditions;
3. Comparison of previously proposed prices and previous Federal Government and
commercial contract prices with current proposed prices for the same or similar
items;
4. Evaluation of the provided jail operating expense information;
The firm -fixed per -diem rate for services is stipulated in block #12 on page (1) of this
agreement, and shall not be subject to adjustment on the basis of Santa Ana Jail's
actual cost experience in providing the service. The per -diem rate shall be fixed for a
period from the effective date of this Agreement forward for forty -eight (48) months.
The per -diem rate covers the support of one Federal detainee per "Federal detainee
day ", which shall include the day of arrival, but not the day of departure.
After forty -eight (48) months, if a per -diem rate adjustment is desired, the Local
Government shall submit a request through the Office of the Federal Detention Trustee's
(OFDT) electronic Intergovernmental Agreements (eIGA) area of the Detention Services
Network (DSNetwork). All information pertaining to the Facility on the DSNetwork will
be required before a new per -diem rate will be considered.
Billing and Financial Provisions
The Local Government shall prepare and submit for certification and payment, original
and separate invoices each month to each Federal Government component responsible
for Federal detainees housed at the Facility.
Addresses for the components are:
United States Marshals Service
Central District of California
U.S. Courthouse
312 N. Spring Street, Room G -23
Los Angeles, CA 90012 -4798
(213) 894 -2485
To constitute a proper monthly invoice, the name and address of the Facility, the name
of each Federal detainee, their specific dates of confinement, the total days to be paid,
the appropriate per diem rate as approved in the Agreement, and the total amount billed
(total days multiplied by the per -diem rate per day) shall be listed, along with the name,
title, complete address, and telephone number of the Local Government official
responsible for invoice preparation. Additional services provided, such as transportation
and guard services, shall be listed separately and itemized.
Page 11 of 15
Local Government (initial).
Federal Government (initial):
20C -17
Agreement Number 12 -94 -0006
Nothing contained herein shall be construed to obligate the Federal Government to any
expenditure or obligation of funds in excess of, or in advance of, appropriations in
accordance with the Anti - Deficiency Act, 31 U.S.C. 1341.
Payment Procedures
The Federal Government will make payments to the Local Government at the address
listed in block #6 on page one (1) of this Agreement, on a monthly basis, promptly,
after receipt of an appropriate invoice.
Hold Harmless
It is understood and agreed that the Local Government shall fully defend, indemnify, and
hold harmless the United States of America, its officers, employees, agents, and
servants, individually and officially, for any and all liability caused by any act of any
member of the Local Government or anyone else arising out of the use, operation, or
handling of any property (to include any vehicle, equipment, and supplies) furnished to
the Local Government in which legal ownership Is retained by the United States of
America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and
attorney fees related thereto. The Local Government will be solely responsible for all
maintenance, storage, and other expenses related to the care and responsibility for all
property furnished to the Local Government,
Disputes
Disputes, questions, or concerns pertaining to this Agreement will be resolved between
appropriate officials of each party. Both the parties agree that they will use their best
efforts to resolve the dispute in an informal fashion through consultation and
communication, or other forms of non - binding alternative dispute resolution mutually
acceptable to the parties.
Inspection of Services
Inspection standards for detainees may differ among authorized agency users. The
Local Government agrees to allow periodic inspections by Federal Government
inspectors, to include approved Federal contractors, in accordance with the Core
Detention Standards required by any or all of the Federal authorized agency users
whose detainees may be housed pursuant to this Agreement Findings of the
inspections will be shared with the Facility administrator in order to promote
improvements to Facility operations, conditions of confinement, and levels of services.
Page 12 of 15 .� C
Local Government (initial)
Federal Government (initial):
20C -18
Agreement Number 12 -94 -0006
Modifications
For all modifications except for full or partial terminations, either party may initiate a
request for modification to this Agreement in writing. All modifications negotiated will
be effective only upon written approval of both parties.
Litigation
The Federal Government shall be notified, in writing, of all litigation pertaining to this
Agreement and provided copies of any pleadings filed or said litigation within five (5)
working days of the filing.
The Local Government shall cooperate with the Federal Government legal staff and /or
the United States Attorney regarding any requests pertaining to Federal Government or
Local Government litigation.
Page 13 of 15 (
Local Government (initial): ��
Federal Government (initial):
20C -19
Agreement Number 12 -94 -0006
Rape Elimination Act Reporting Information
SEXUAL ASSAULT & \WARENESS
This document is requesred to be posted in each Housing Unit Bulletin Board at all Contract Detention Facilities. This
document may be used and adapted by Intergovernmental Service Agrecment Providers.
!Chile detained by the Department of Justice, United States Marshals Service, you have a right to be safe and free from sexual
harassment and sexual assaults.
Definitions
A Detainee- on•Detainee Sexual Abuse /Assault
One or more detainees engaging in or auempcing to engage in a sexual act with another detainee or the use of threats,
intimidation, inappropriate touching or other actinns and /or communications by one or more detainees aimed at
coercing and /or pressuring another detainee to engage in a sexual act.
B. Staff -on- Detainee Sexual Abuse /Assault
Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching of a
detainee's genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse,
or gratify the sexual desires orally person. Sexual abuse /assault of detainees by staff or other detainees is an
inappropriate use of power and is prohibited by DOJ policy and the law.
C. Staff Sexual Misconduct is•
Sexual behavior between a staff member and detainee which can include, but is not limited to indecent, profane or abusive
language or gestures and inappropriate visual surveillance of detainees.
Prohibited Acts
A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged with the following
Prohibited Acts under the Detainee Disciplinary Policy.
• Using Abusive or Obscene Language
• Sexual Assault
• Making a Sexual Proposal
• Indecent Exposure
• Engaging in Sex Act
Detention as a SaLe Environment
While you are detained, no one has the right to pressure you to engage in sexual acts or engage in unwanted sexual behavior
regardless of your age, size, race, or ethnicity. Regardless of your sexual otientation, you have the right to be safe from
unwanted sexual advances and acts.
Confidentiality
Information concerning the identity of a detainee victim reporting a sexual assault, and the facts of the report itself, shall be
limited to those who have the need to know in order to make decisions concerning die detainee - victim's welfare and for law
enforcement investigative purposes.
Report All Assaults'
If you become a victim of a sexual assault, you should report it immediately to any staff person you trust, to include housing
officers, chaplains, medical staff, supervisors or Deputy U.S. Marshals, Staff members keep the reported information
confidential and only distvss it with the appropriate officials on a need to know basis. If you are not comfortable reporting the
assault to staff, you have other options:
Page 14 of 15
Local Government (initial): _
Federal Government (initial):
20C -20
Agreement Number 12 -94 -0006
• Wrae a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure
confidentiality, use special (Legal) mail procedures.
• File an Hinergency Detainee Grievance - If you decide your cotnPlaint is too sensitive to file with the Officer io Charge,
You can file your Grievance directly with the Field Office Director. You can get the forms from your housing unit officer,
or a Facility supervisor.
• Write to the Office of inspector General (01G), which investigates- allegations of staff misconduct. The address is, Office
of Inspector General, U.S. Department of justice, 950 Pennsyhrnno Ave. Room 4706, Washington, DC. 20530
• Call, at no expense to you, the Office of Inspector General (OIG). The phone number is 1- 800 - 869 -4499.
Individuals who sexually abuse or assault detainees can only he disciplined or prosecuted if the abuse is reported.
A publication of the Office of the
Federal Detention Trustee
VVashingron, DC
Published Februiry 2008
Page 15 of 15 (,
Local Government (initial):
Federal Government (initial):
20C -21
U. S. Department of Justice
United States Marshals Service
Modification of Intergovernmental Agreement
Page 1 of I
20C -22
1. Agreement No. 2. Effective Date
3, Facility Codes) 4. Modification No. S. DUNS No.
12 -94 -0006 November 1, 2014
OFK Six (6) 083153247
6. Issuing Federal Agency
7. Local Government
United States Marshals Service
Santa Ana Jail
Prisoner Operations Division
62 Civic Center Plaza (M -88)
Office of Contracts and Agreements
Santa Ana, California 92702
2604 Jefferson Davis Hwy
Alexandria, VA 22301
8. Appropriation Data
9. Per -Diem Rate
10. Guard/Transportation Hourly Rate
15X1020
$105.00
$36.00
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 Bureau of Prison to the Intergovernmental Agreement for Santa Ana
City Jail, which was inadvertently left unchecked on the renewal Agreement.
Jeff Maston, Residential Reentry Manager
Bureau of Prisons
Central and Southern Districts
P.O. Box 323
San Pedro, CA 90733
Phone: (310) 732 -5178
Fax: (310) 732-5291
NO OTHER TERMS OR CONDITIONS, TO INCLUDE PRICE, ARE AFFECTED BY THIS CHANGE.
12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICTION:
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. LOCAL GOVERNMENT
B. FEDERAL GOVERf�MENT
yi
Mary Horse GJ -,
Signature
L Si 11ature
I /
Grants Specialist
TITLE DATE
TITLE DATE
Page 1 of I
20C -22