HomeMy WebLinkAbout25B - AGMT - HOUSING FOR FEDERAL INMATESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 20, 2014
TITLE:
AGREEMENT WITH UNITED
STATES MARSHALS
SERVICE TO PROVIDE
HOUSING FOR FEDERAL
INMATES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on god Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute a new housing agreement
with the United States Marshals Service 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.
This is the first increase in eight years and represents a 28% increase in the per diem.
DISCUSSION
The City of Santa Ana has been in partnership with the United States Marshals Service since
1997 with the opening of the Santa Ana Jail (SAJ) and has provided housing for Federal inmates
who have been charged with Federal offenses and detained while awaiting trial. The Santa Ana
Jail also provides housing for Federal inmates who have been sentenced and awaiting
designation and transport to the Bureau of Prisons. The per diem rate for this service has been
$82.00 since 2006.
In accordance with Jail cost recovery strategies, a new per diem rate of $105.00 has been
negotiated, which reflects the cost of providing these services and will generate an additional
$1,463,358 million annually. The agreement is effective upon the date of signature of authorized
USMS official(s) and can be terminated by either party for any reason with the written notice of
thirty (30) calendar days in advance of termination. In addition, please find attached an updated
Santa Ana Jail status memo (Attachment A).
FICAL IMPACT
Funds for this agreement will be deposited in the Police Department Jail Facility Rental account
(no. 01114002 57460).
Carlos Rojas
Chief of Police
Attachment A
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director, Finance & Mgmt. Services
25B -1
25B -2
MEMORANDUM
To: Mayor and City Council
From: City Manager
Subject: Santa Ana jail -Update From December 16, 2013
Attachment A
Date: May 20, 2014
This memo provides a Santa Ana Jail briefing update and restating strategies for making the jail
operations viable. The action requested in part by this memo update is to approve a higher per diem
rate with US Marshalls. The new per diem rate will result in additional revenue of $1,463,358. This
is the first rate increase in 8 years. In addition, the City will experience a cost savings of $214,000 as
it relates to the implementation of a new cost restructuring.
Background
The Santa Ana Jail opened in 1997 as part of the new "state of the art" Police Services Building at a
total cost of $109 million. The Santa Ana Jail was constructed in response to two County of Orange
issues impacting our City at the time. The first issue was the County's decision to assess booking fees
to local agencies at a rate of $158 per prisoner, therefore negatively impacting City finances. The
second issue was the County's inability to process, book, and hold misdemeanor arrests due to the
County jail overcrowding. In addition to the aforementioned county decisions impacting the City, the
construction of the jail was also in response to the City experiencing a higher volume of violent crimes
and property crimes. The good news is that since 1997, violent crimes and property crimes have
decreased by 41% and 34% respectively.
Santa Ana's Jail facility was constructed for two primary functions; the processing and booking of
individuals and the core function of housing prisoners. Currently the majority of jail inmates are
United States Marshall (USM) prisoners and United States Immigration and Custom Enforcement (ICE)
detainees. During calendar year 2013, the inmates housed at the Santa Ana Jail have been comprised
of the USM at 58% and ICE at 41 %. Total cost to operate the jail facility in fiscal year 2013 -14 is $22.5
million. Excluding the Santa Ana benefit associated with the processing and booking of prisoners as
well as excluding other reimbursable costs ($4 million combined), the net cost to operate the housing
component amounts to approximately $18.5 million.
It is important to emphasize that the Santa Ana Jail facility does provide a service benefit to the Santa
Ana community as well as police operations. The Jail facility, which is a 24 hour operation, utilizes the
equivalent of 22 jail personnel to process and book individuals arrested on felony charges prior to
transferring them to the Orange County Jail. In addition, the jail facility contains a holding facility
component that allows Santa Ana police officers to detain misdemeanor arrests that are not normally
accepted by the County. The use of Santa Ana jail personnel provides greater effectiveness and
efficiency by returning officers to patrol in a quicker time frame. The resulting effect is hundreds of
additional hours per year back in the field. 25B -3
Santa Ana Jail Briefing
May 20, 2014
Page 2
Update on Negotiated Rates and Cost /Revenue Strategies
Two essential actions are needed to sustain viable jail operations:
1) Negotiate increased rates to ensure cost recovery and;
2) Provide for a cost restructuring that will flatten or decrease costs over the long term.
An update on these actions is as follows:
1) US Marshalls: Under the existing contracts with USM and ICE, the City receives $82 per inmate
per day. This rate has not been adjusted since June of 2006. The USM contract can be
cancelled by either party with 30 days' notice. The ICE contract can be cancelled with 120 days'
notice. Historical trends place the average daily population for the jail facility at 460 inmates.
As such, in order to recover the net cost to the City of $18.5 million, the per diem inmate
charge would need to increase to $110. This per diem rate would recover operating expenses,
debt service, City indirect costs associated with the jail, and excludes the benefit the City
receives for processing and booking individuals (Exhibit 1).
The Police Chief and I traveled to Washington D.C. to meet with the US Marshalls and ICE. All
costs associated with operating the City's jail facility were presented. In reviewing the City's
costs, the US Marshalls agreed to a 28% increase in rates from $82 to $105. The new rate will
result in additional revenue of $1,463,358. Discussions with ICE officials are still ongoing.
Note: Although marginal (less than 1% of the jail population), the City has also recently
negotiated a per diem rate of $146 with the cities of Tustin, Fountain Valley and Irvine.
2) Cost Restructuring
Jail personnel costs account for approximately 70% of all direct costs associated with the jail.
As such, reducing these costs would be essential for long -term sustainability. In order to
control long term costs, the proposed restructure would require the hiring of part-time
personnel in lieu of full -time positions. As such, on March 18, 2014, the City Council approved
the establishment of the part -time class titled "Correctional Services Officer ". The Police Chief
has requested the initial hiring of 15 part -time Correctional Services Officer positions.
Currently, Personnel has identified 21 candidates. These candidates are going through the
background process. It is estimated that for each full -time equivalent position hired that the
City will save $57,000.
Next Steps /Actions
- Establish an annual review of jail operations as requested by the City Council
The City Manager and Police Chief to meet with the May Day Group
cc: Chief Carlos Rojas
Francisco Gutierrez
Ed Raya
25B -4
City of Santa Ana
Jail Operational Costs and Per Diem Rates
Operational Costs:
Direct Operational Costs
Savings from part- timers (6 mos.)
Debt Service and Indirect Costs:
Debt Service:
City Hall Indirect Costs
Total Cost to the City
City Benefit and Cost Reimbursements:
Remaining Cost to Capture
Agency
Per Diem Increase $82 - $105 (FY 14 -15) USM
$82 Per Diem ICE
Gap (Revenues - Costs)
Fiscal Year
2013 -14
(in millions)
$18.3
$18.3
Fiscal Year
2014 -15
(in millions)
$18.8
($0.2)
$18.6
$3.0 $3.1
$1.1 $1.2
$22.4 $22.9
$4.3 $4.3
$18.1 $18.6
FY 2013 -14
Projected
Revenue
(in millions)
$7.7
$6.8
$14.5
FY 2014 -15
Projected
Revenue
(in millions)
$9.2
$6.8
$16.0
Exhibit 1
($3.6) ($2.6) *
*This gap is reduced by a net $1M with the new US Marshal's agreement and by implementing part -time
Correctional Services Officers.
25B -5
r
U.S. Department of Justice Detention Services
United States Marshals Service Intergovernmental Agreement
Prisoner Operations Division
Page 1 of 15
25B -7
1. Agreement Number
2. Effective Date
3, Facility Code(s) 4. DUNS Number
12 -94 -0006
See 81ock 19
OFK 083153247
S. Issuing Federal Agency
6. Local Government
Santa Ana Jall
United States Marshals Service
Prisoner Operations Division
2604 Jefferson Davis Highway
62 Civic Center Plaza (M -88)
Santa Ana, CA 92702
Alexandria, VA 22301 -1025
Tax ID #:
7. Appropriation Data
8, Local Contact Person
15- 1.020/X
Ann Matulln
9. Telephone: (714) 245 -8120
Fax: (714) 245 -8116
Email: amatulin @santa- ana.or
Email:
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10. This agreement Is for the housing, safekeeping,
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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 / Transportation Hourly Rate: $36.00
U.S. Courthouse
❑ JPATS
13b. ❑ 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
E] Juvenile Male
❑ ICE
Aisha Ogburn
Print Name
❑ Juvenile Female
Grants Specialist
Title Date
Page 1 of 15
25B -7
Agreement Number 12 -94 -0006
ATTEST;
MARIA HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: ` Ot (,ul �.) iA 9��(Qft, l,YrlA
Laura A, Rossini
k.Assistant City Attorney
RECOMMENDED FOR APPROVAL:
a 6
Carlos Rojas
Chief of Police
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
Page 2 of 15
r -
Local Government (initial):
Federal Government (initial):
Agreement Number 12 -94-0006
Authority.... ................... -- ......... ,...,,,,...... ,,...,,............,.,. .............,...,.,,,.,,,....4
Purpose of Agreement and Security Provided . ...................... - ...... .,, .............. ,.......... 4
Period of Performance and "Fermination .................................... ..............................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( JPATS) ...................................................................... ..............................8
SpecialNotifications ................................................................ ..............................9
Special Management Inmates and Suicide Prevention .................. ..............................9
Prison Rape Elimination Act (PREA) ........................................ ............................... 10
Service Contract Act ............................................................. ............................... 10
Per -Diem Rate ........ ............................... ..................,............ 10
Billing and Financial Provisions .............................................. ............................... 11
PaymentProcedures ............................................................. ............................... 12
Hold Harmless..,..... .................. ................ -- .................. 12
Disputes......................................................................... ............................... . 12
Inspectionof Services .......................................................... ............................... 12
Modifications....................................................................... ............................... 13
Litigation............................................................................ ............................... 13
Rape Elimination Act Reporting Information ............................ ............................... 14
Page 8 of 16
Local Government (initial):
Federal Government (initial):
25B -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 noised in
block #18 on page (1) to house Federal detainees with the Local Government at the
Santa Ana Jail 62 Civic Center Plaza (M -38) 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):
25B -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 5 of 15
Local Government (lnitlal)o
Federal Government (initial);
25B -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 /prisoner /"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 AureLis
(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 6of15
Local Government (initial):
Federal Government (initial):
25B -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 rnet 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):
Federal Government ( initial):
25B -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 (JPATS)
If JPATS 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
JPATS.
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 S of 15
Local Government (initial):
Federal Government (initial):
25B -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 USIA 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.subinit 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 Governiment. 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 9of15
Local Government (initial):
Federal Government (initial):
25B -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: bttpZ/www.dol.gov/oasa.m/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
Local Government (initial):
Federal Government (initial):
25B -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 ]all'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 (DSNetworl<). 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.
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Federal Government (initial):
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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. 131.1.
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.
Mold 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.
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rederal Government (initial):
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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.
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Agreement Number 12 -94 -0006
Rape e=limination Act Reporting Information
SEXUAL ASSAULT AWARENESS
This document is requested to be posted in each Housing Unit Bulletin Boatd at all Contract Detention Facilities, This
document may be used and adapted by Intetgavctnrnental Service Agteetnent Providers,
While detained by the Department of Justice, United States Marshals Service, you have aright 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 attempting to engage in a sexual act with another detainee or the use of thteats,
intimidation, inappropriate touching or other actions and /or communications by one of more detainees aumeel at
coercing and /or pressuting 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 din intentional touching of a
detainee's genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, hmriliate, harass, degrade, arouse,
of gratify the sexual desires of any 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 mernbet and detainee which can include, but is not funited to indecent, profane of 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 Safe Environtnent
1y7hile you are detained, no one has the right to pressure you to engage in sexual acts of engage in unwanted sexual behavior
regardless of your age, size, face, of ethnicit�r. Regardless of your sexual otieutation, you have the right to be safe from
unwanted sexual advances and acts.
ConfiAen Mali
Information concerning the identity of a detainee victimm reporting a sexual assault, and the faces of the tepott itself, shall be
limited to those who have the need to know in order to make decisions concerning the 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 parson you trust, to include housing
officers, chaplains, inectical staff, supervisors or Depu ty US. Marshals, Staff members keep the fepofted information
confidential and only discuss it with the appropriate officials on a need to luiow basis. If you ate not comfortable repotting the
assault to staff, you have other options:
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Agreement Number 12 -94 -0006
• 'Write a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure
confidentiality, use special (legal) mall procedures,
• Pile an Emergency Detainee Grievance - If you decide your complaint is too sensitive to file with the Officer in Charge,
You can file your Gtievance directly with the Field Office Director. You can get the foams ftonx your housing unit officer,
or a Facility supervisor,
• \X76te to the Office of Inspector General (OIG), which investigates allegations of staff misconduct. The address is: Office
of Inspector General, U.S. Department of Justice, 950 Pennsylvania 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 be disciplined or prosecuted if the abuse is reported.
A publication of the Office of the
Federal Detention Trustee
Washington, DC
Published February 2008
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