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Home My WebLink About25K - AGMT FEDERAL PAROLEE AND INMATE HOUSINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 TITLE: AGREEMENT WITH BUREAU OF PRISONS TO PROVIDE HOUSING FOR FEDERAL PAROLEES AND INMATES (STRATEGIC PLAN NO. 1, 4A) 1 MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a three year agreement with the Bureau of Prisons, for jail housing services for the period of November 21, 2017 through November 20, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. The City entered into an agreement with the US Marshal Service in 2014 to house US Marshal inmates. The US Marshal Service and Bureau of Prisons are both agencies of the federal government and have similar needs for inmate housing. The Bureau of Prisons has been using the Santa Ana Jail to house inmates since October 2015 under an addendum to the US Marshal (USM) agreement. The Bureau of Prisons continues to request the same terms and conditions, with some exceptions. The Bureau of Prisons (BOP) agreement will also compensate the City $105 per day per inmate and requires the City to provide basic inmate services which include medical, educational and transportation services. However, BOP has requested that certain terms be revised to meet their operational needs including, but not limited to the following: 1. Transportation services be added to include Medical Facilities and Residential Reentry Programs locations. 2. In the event that a BOP inmate is hospitalized, the City will make regular telephone calls to the hospital to verify the inmate remains hospitalized and the City will receive a rate of Y2 per diem per day. 3. Language in the USM agreement, "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." shall be replaced with, "The Local 25K-1 Agreement with Bureau of Prisons December 5, 2017 Page 2 Government is to take no action to apprehend an escaped Federal Bureau of Prisons inmate or detainee, but shall notify the Residential Reentry Manager." The Bureau of Prisons provides an average daily population (APD) of approximately 17 inmates per day. This ADP generates approximately $651,525 annually in revenue for the City. No additional revenue will be generated from this agreement since the revenue was already projected in the Jail Operations budget at the August 1, 2017 Council meeting. The agreement term will be for the period of November 21, 2017 through November 20, 2020 and can be terminated by either party for any reason with the written notice of 30 calendar days in advance of termination. 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 Revenue from this agreement will continue to be deposited in the Jail Facility Rental account (no. 01114002 57460). No additional revenue will be generated from this agreement since the revenue was already projected in the Jail Operations budget at the August 1, 2017 Council meeting. dhf entin Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency Exhibit: 1. Agreement with Bureau of Prisons 25K-2 AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS TO HOUSE BUREAU OF PRISONS INMATES AT THE SANTA ANA JAIL THIS AGREEMENT is entered into on November 21, 2017, 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 #12-94-0006 (City Agreement #A- 2014-114) wherein the City agrees to house United States Marshals prisoners and inmates pursuant to the terms set forth in the Agreement. This was an arm's 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 as specifically noted) set forth in the United States Marshals 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 Marshals IGA, and subject to all the terms and conditions of said Agreement, except those amended or added below, the parties agree as follows: Section 13a. Optional Guard/Transportation Services is amended to delete the check mark in the box entitled "U.S. Courthouse" and to add check marks in the boxes entitled "Medical Facility" and "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 "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 "and is terminated on November 20, 2020." 25K-3 3. On pages 5-6 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 Prisons innate is hospitalized, the City will make regular telephone calls to the hospital to determine if the inmate is at the hospital. `Regular' telephone calls will mean one telephone call during each time of day that a head count is made at the Santa Ana Jail. If the City is advised by the hospital hat the Bureau of Prisons 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 1/z 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 deleted and- -.-.- -- replaced 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 from the BOP or their designee 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 Local Government is to take no action to apprehend an escaped Federal Bureau of Prisons inmate or detainee, but shall notify the Residential Reentry Manager." 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 deleted and replaced with: Dave Taylor 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 Each undersigned represents and warrants that its signature herein below 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. 25K-4 All Exhibits references herein and attached hereto shall be incorporated fully as set forth in the body of this agreement. 9. Except as herein above amended, all terms and conditions of said United States Marshals IGA 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 B- Tma :Tama a ogosian Ln75V Assistant City Attorney David Valentin Acting Chief of Police CITY OF SANTA ANA RAUL GODINEZ II City Manager BUREAU OF PRISONS 25K-5 Title 25K-6