HomeMy WebLinkAboutBUREAU OF PRISONS-2017A-2017-334
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AGREEMENT WITH THE FEDERAL BUREAU OF PRISONS TO HOUSE
BUREAU OF PRISONS INMATES AT THE SANTA ANA JAIL
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Lim Mafkjrev 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
chatter 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:
1. Section 13a. Optional Guard/Transportation Services is amended to delete the check mark
in the box entitled "U.S. Courthouse" and to add check [narks 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."
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 % 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 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 1 I of the Agreement under the section entitled "Billing and Financi a] 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.
8. 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 veal -
first written above.
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MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney A
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
---Havid� entin
Acting Chief of Police
CITY OF SANTA ANA
RAUL GODINE II
City Manager
BUREAU OF PRISONS
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