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HomeMy WebLinkAboutU.S. MARSHALS SERVICE - 1994 United Strntes Department of Justice 9/24/911 �� Intergovernmental Service Agreement —9y_ 037' • United States Marshals Service If Housing of Fecl:rG yrisonEYS Page 1 of 7 I. AGREEMENT NUMBER 2. EFFECTIVE DATE REQUISITION/PURCHASER/REQUEST NO. 4. CONTROL NO. 12-94-0006 1 / 1 / 94 115-93 5. ISSUING OFFICE 6. GOVERNMENT ENTITY FACILITY CODE(S) (OF'K UNITED STATES MARSHALS SERVICE NAME AND Santa Ana Police Department PROCUREMENT DIVISION ADDRESS Santa. Ana City Jail IGASECTION (Street, city, 24 Civic Center Plaza 600 ARMY NAVY DRIVE county, State Santa Ana, CA 92702 ARLINGTON,VA 22202-4210 and ZIP code 7. APPROPRIATION DATA Russell Davis Contact Person Jail Administrator 15X1020 Area Code & Telephone No. ► (714) 647-5153 8. 9. 10. 1t. 12. 13. ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT This Agreement is for the housing, ESTIMA'1EL safekeeping and subsistence of USMS adult male and female federal PRISONER MIPORARY ESTIMATED prisoners in accordance with the DAYS RATE PAYMENT contents set forth herein. cc cc 2,550 PDs $85.00 $217,175 U- Y Q 1®z w \N 0 *The prisoner days are for a six Approved ;S ti c Went • \` month period. a - , 14. O �11t` y- --15. N" E AND TITLE OF PERSON(S)A HORIZED TO SIGN OFFER d— / ! City I�IKBI�F3aga CL �', W U To the best of my knowledge and belief, data is ' ,& ate ea; submitted in support of this agreement is true ' (Signature) AGEN Y and correct, the document has been duly au- Daniel H. You' . Ma • . CERTIFYING thorized by the governing body of the Depart- Name (Type or Print) Title ment or Agency and the Department or Agency ' ' � "1%/ Date will comply with ALL PROVISIONS SET nature) FORTH HEREIN. Cl erk of the Council Na 7 (Type o 'rent) Title 16. TYPE OF USE 17. PRISONER TYPE TO BE INCLUDED 19. This Negotiated Agreement is Hereby Approved and Accepted for ❑ Hold Over UNSENTENCED SENTENCED ® Regular Support Adult Male ❑ Adult Male ❑ Seasonal Support Adult Female ❑ Adult Female THE UNITED STATES OF AMERICA ❑ Other ❑ Juvenile Male ❑ Juvenile Male BY DIRECTION OF THE DIRECTOR OF THE UNITED 18. LEVEL OF USE ❑ Juvenile Female ❑ Juvenile Female STATES MARSHALS S FRVICE ❑ Minimum ❑ Aliens ❑ Work Release //, I , ❑ Medium ❑ YCA Male S v Li Female BY _ /! ® Major (SIGNATURE O' CON /ACTIN,! OFFICER) 20. ANTICIPATED ANNUAL USAGE 21. NAME OF AUTHORIZING OFFICIAL 22. DATE SIGNED UNSENTENCED SENTENCED ALIENS TOTAL (Type or Print) No. of Prisoners Prisoner Days 5,110 Vicki Lipov A l Guard Hours `W/ / PRIOR EDITIONS ARE OBSOLETE AND ARE NOT TO BE USED FORM USM-241 (Rev/9/91) ;I U.S. GOVERNMENT PRINTING OFFICE: 1991- 312-317/51191 GPO 908.293 U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule IGA No. Page No. 12-94-0006 -2--oI�- ARTICLE I - PURPOSE The purpose of this Intergovernmental Service Agreement ( IGA) is to establish a formal binding relationship between the U.S. Marshals Service (USMS ) and other federal user agencies (the Federal Government) and Santa Ana City ( the Local Government) for the detention of persons charged with or convicted of violations of Federal law or held as material witnesses ( federal prisoners ) at the Santa Ana City Jail (the facility) . ARTICLE II - SUPPORT AND MEDICAL SERVICES 1 . The Local Government agrees to accept and provide for the secure custody, care and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. 2. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided local prisoners including the transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the Federal Government. 3 . The Local Government agrees to notify the U.S. Marshal as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services required. 4. When a federal prisoner is being transferred via the USMS airlift, he/she will be provided with three/seven days of prescription medication which will be dispensed from the detention facility. When possible, generic medications should be prescribed. 5. Medical records must travel with the federal prisoner. If the records are maintained at a medical contractor' s facility, it is the detention facility' s responsibility to obtain them before a federal prisoner is moved. 6 . Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Government. 7 . The Local Government agrees to notify the U. S. Marshal as soon as possible when a federal prisoner is involved in an escape, attempted escape, or conspiracy to escape from the facility. Form USM-241B (Rev, 2/92) U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule IGA No. Page No. Inter g B 12-94-0006 � of_2_ ARTICLE III - RECEIVING AND DISCHARGE 1 . The Local Government agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials. 2. The Local Government agrees to release federal prisoners, only to law enforcement officers of agencies initially committing the prisoner ( i.e. DEA, INS, etc. ) or to a Deputy United States Marshal. Those prisoners who are remanded to custody by a U. S. Marshal (USM) may only be released to a USM or an agent specified by the USM of the Judicial District. 3 . The Federal Government agrees to maintain federal prisoner population levels at or below the level established by the facility administrator. 4. Federal prisoners may not be released from the facility or placed in the custody of state or local officials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the concurrence of the District U. S. Marshal. ARTICLE IV - PERIOD OF PERFORMANCE This Agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners, the Local Government may suspend or restrict the use of the facility by giving written notice to the U.S. Marshal. Such notice will be provided 30 days in advance of the effective date of formal termination and at least two weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. ARTICLE V - TEMPORARY PER DIEM RATE 1. A temporary jail day rate of $85.00 has been established for a period of six ( 6 ) months, expiring on June 30, 1994, pending receipt of actual and allowable costs associated with the operation of the facility. The jail day rate for subsequent periods will be adjusted based on the actual operational costs for the facility which could result in the rate decreasing, increasing, or remaining unchanged. 2. The Federal Government shall reimburse the Local Government at the temporary jail day rate identified on page 1 of this Agreement. Form USM-241B (Rev. 2/92) • U.S. Department of Justice United States Marshals Service A No.Intergovernmental Service Agreement Schedule 112-94-0006 Pa_of_ _ 3 . After the establishment of a fixed jail day rate, the rate may be renegotiated not more than once per year, after the agreement has been in effect for twelve months. 4. The rate covers one ( 1 ) person per "prisoner day" . The Federal Government may not be billed for two days when a prisoner is admitted one evening and removed the following morning. The Local Government may bill for the day of arrival but not for the day of departure. 5 . When a rate increase is desired, the Local Government shall submit a written request to the USM at least 60 days prior to the desired effective date of the rate adjustment. All such requests must contain a completed Cost and Pricing Data Sheet which can be obtained from the USM. The Local Government agrees to provide additional cost information to support the requested rate increase and to permit an audit of accounting records upon request of the USM. 6. Criteria used to evaluate the increase or decrease in the per- diem rate shall be those specified in the federal cost standards for contracts and grants with State and Local Governments issued by the Office of Management and Budget. 7. The effective date of the rate modification will be negotiated and specified on the IGA Modification form approved and signed by a USMS Contracting Officer. The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return of the signed modification by the authorized local official to the USM. 8 . Unless other justifiable reasons can be documented by the Local Government, per-diem rate increases shall not exceed the National Inflation rate as established by the U.S. Department of Labor, Bureau of Labor Statistics. ARTICLE VI - BILLING AND FINANCIAL PROVISIONS 1 . The Local Government shall prepare and submit original and separate invoices each month to the Federal Agencies listed below for certification and payment. United States Marshals Service U.S. Courthouse 312 North Spring Street G-23 Los Angeles, CA 90012-4798 ( 213 ) 894-6820 Form USM-241B (Rev. 2/92) U.S. Department of Justice United States Marshals Service IGA No. Page No. Intergovernmental Service Agreement Schedule 12-94-0006 5 of 7 2. To constitute a proper monthly invoice, the name and address of the facility, the name of each Federal prisoner, their specific dates of confinement, the total days to be reimbursed, the appropriate per-diem rate as approved in the IGA, and the total amount billed ( total days multiplied by the rate per day) shall be listed. The name, title, complete address and phone number of the local official responsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act, Public Law 97-177 ( 96 stat. 85, 31 USC 1801 ) is applicable to payments under this agreement and requires the payment to the Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125 . 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the invoice. If the due date falls on a nonworking day (e.g. Saturday, Federal holiday) , then the due date will be the next working day. The date of the check issued in payment shall be considered to be the date payment is made. ARTICLE VII - GOVERNMENT FURNISHED PROPERTY 1 . It is the intention of the USMS to furnish excess Federal property to local governments for the specific purpose of improving jail conditions and services. Accountable excess property, such as furniture and equipment, remains titled to the USMS and shall be returned to the custody of the USMS upon termination of the agreement. 2. The Local Government agrees to inventory, maintain, repair, assume liability for and manage all federally provided accountable as well as controlled excess property. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be immediately reported to the U. S. Marshal and USMS Headquarters. Accountable and controlled excess property includes any property with a unit acquisition value of $1, 000.00 or more, all furniture, as well as equipment used for security and control, communication, photography, food service, medical care, inmate recreation, etc. 3 . The suspension of use or restriction of bed space made available to the Marshals Service are agreed to be grounds for the recall and return of any or all government furnished property. Form USM-241B (Rev. 2/92) • U.S. Department of Justice United States Marshals Service InterIntergovernmental Service Agreement Schedule IGA -9 Page No. g B 12-94-0006 � of. 7 4. The dollar value of property provided each year will not exceed the annual dollar payment made by the USMS for prisoner support unless a specific exemption is granted by the Chief, Prisoner Operations Division. 5 . 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. ARTICLE VIII - MODIFICATIONS/DISPUTES 1 . Either party may initiate a request for modification to this agreement in writing. All modifications negotiated will be written and approved by the USMS Chief, Prisoner Operations Division and submitted to the Local Government on form USM 241a for approval. 2. Questions or concerns pertaining to this agreement are to be directed to the U.S. Marshal . Disputes, space guarantee questions, and unresolved issues are to be directed to the Chief, Prisoner Operations Division, USMS Headquarters. ARTICLE IX - INSPECTION AND TECHNICAL ASSISTANCE 1 . The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations, conditions of confinement and levels of services. 2. The USMS will endeavor to provide or acquire technical training and management assistance from other federal, state or local agencies or national organizations upon the request of the facility administrator. Form USM-241B (Rev. 2/92) U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule 12-94-0006 _i_f 7 ARTICLE X - AVAILABILITY OF FUNDS The Federal Government ' s obligation under this agreement is contingent upon the availability of appropriated funds from which payment can be made and no legal liability on the part of the Government for any payment may arise until such funds are available. Form USM-241B (Rev. 2/92) CONSENT CALENDAR AGREEMENTS Motion: Authorize the City Attorney to prepare and the Mayor and Clerk of the Council to execute agreements. A. TEMPORARY HOUSING OF FEDERAL PRISONERS AT THE SANTA ANA DETENTION FACILITY - With the United States Marshal Service at the initial rate of $85.00 per day per prisoner (fee will be adjusted later to reflect actual operating costs) - Police Department AGMT 94-034 25.B. BUSINESS ENTERPRISE CENTER LEASE - With Rancho Santiago College for the operation of the Business Enterprise Center located at 901 E. Santa Ana Boulevard - Community Development Agency AGMT 94-035 25.C. RESIDENTIAL LOAN PROCESSING SERVICES - With United States Escrow with fees ranging from $50,000.00 to $75,000.00 annually - Community Development Agency AGMT 94-036 25.D. AMENDMENT - CONSTRUCTION MANAGEMENT SERVICES - BRISTOL RESERVOIR EXPANSION PHASE I (PROD 3114) - With ASL Consultants, Inc. to cover a change in the original scope of the electrical work and the control systems in an amount not to exceed $38,500 for a total agreement cost of$438,600.00 - Public Works Agency AGMT 94-037 25.E. MAINTENANCE OF EXTERIOR FACADE ON THE HISTORIC PHRANDRA ROBINSON HOUSE AT 219 E. WASHINGTON STREET - With Gary and Emily Sodikoff- Planning and Building Agency AGMT 94-038 25.F. REPAIRS - 800 MHZ RADIO EQUIPMENT AND CONSOLES - FIRE DEPARTMENT - With Westnet Systems, Inc. for a 12-month period with provision for two additional 12-month renewals in the estimated annual amount of $15,000.00 - Finance and Management Services AGMT 94-039 CITY COUNCIL MINUTES 97 APRIL 18, 1994 REQUEST FOR COUNCIL ACTION �aucauon 1$c CITY COUNCIL April 18 , 1994 MEETING DATE D CLERK OF THE COUNCIL USE ONLY TITLE CONTRACT WITH THE UNITED STATES Approved As Recommended MARSHAL SERVICE FOR TEMPORARY As Amended (see Minutes) Ordinance on 1st Reading HOUSING OF FEDERAL PRISONERS Ordinance on 2nd Reading — Implementing Resolution El Set Public Hearing For Continued to: - ,- r' LEUMBERS : /4"-99-0 y Al 1 MANAGER —--- RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the Mayor and the Clerk of the Council to execute a contract with the United States Marshal Service for the temporary housing of federal prisoners. DISCUSSION To reduce the cost of transporting prisoners with consecutively scheduled court appearance dates, the United States Marshal Service is seeking an agreement with the City that will allow temporary lodging of federal prisoners at the Santa Ana Detention Facility. Depending on the daily incarceration needs of the Santa Ana Police Department, the detention facility may be able to house a maximum of 14 federal prisoners per day. Initially, a daily fee of $85 per prisoner will be assessed. Afterwards, the fee will be adjusted to reflect actual operating costs. Approval of this agreement is recommended by the Police Department. Any anticipated revenues will defray the costs of operating the Santa Ana Detention Facility. FISCAL IMPACT Any revenue from the agreement will be deposited in the Police Facility Rental account (Account No. 11-01-5830) . APPROVED AS TO FUNDS AND ACCOUNTS: . , Ilk � � as) Paul M. Walters Rod R. Coloma Chief of Police Executive Director Police Department Finance & Management Services Agency 254 li C.S.383 United States Department of Justice Intergovernmental Service Agreement United States Marshals Service • Housing of Federal Prisoners Page 1 of 9 i I. AGREEMENT NUMBER.2. EFbtCI'IVE DATE REQUISITION/PURCHASER/REQUEST NO, 4. CONTROL NO. 12-94-0006 07 ( 01 ( 98 125-98 S. ISSUING OFFICE 6; LOCAL GOVERNMENT ENTITY FACILITYCOD£S(S) OFK • UNITED STATES MARSHALS SERVICE NAME AND Santa Ana City Jail PRISONER OPERATIONS ADDRESS 62 Civic Critter Plaza, M-88 600 ARMY NAVY DRIVE (Street,city, Santa Ana, CA 92702 ARLINGTON, VA 22202-4210 county,State and ZIP code 7. APPROPRIATION DATA 15X1020 Contact Person Russ Davis, Jail Administrator Area Code&Telephone No. ► (714) 245-8120 8. 9. 10. II. 12. • 13. ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT This agreement is for the housing, ESTIMATED safekeeping and subsistence of USMS ESTIMATED adult male and female federal PRISONER PER DIEM ANNUAL prisoners in accordance with the DAYS/YR RATE PAYMENT contents set•forth herein. 54,750 PDs $70.00 • $3,832,500.00 14, LOCAL e RNMENT Y:NAME AND TITLE OF PERSON(S) A HI•IZE TO SIGN ,FE• n` X To the best of my knowledge and belief,data L t 4. Y liC- a - - Date l� ° �(/ submitted in support of this agreement is true (Signature) Mar" AGENCY and correct,the document has been duly au- � � 5 /l�G�f CERTIFYING thorized by the governing body of the Depart- ment or Agency and the Department or Agency Name(Type or Print) Title will comply with ALL.PROVISIONS SET • Date FORTH HEREIN. (Signature) Name(Type or Print) Title 16.TYPE OF USE 17.PRISONER TYPE TO BE INCLUDED 19.This Negotiated Agreement is Hereby Approved and Accepted for ❑ Hold Over UNSENTENCED SENTENCED Regular Support [2 Adult Mace {] Adult Male ❑ Seasonal Support Eg Adult Female ❑ Adult Female THE UNITED STATES OF AMERICA Q Other ❑Juevnile Male ❑ Juvenile Male BY DIRECTION OF THE DIRECTOR OF THE UNITED 18.LEVEL OF USE 0 Juvenile Female ❑ Juvenile Female STATES MARSHALS SERVICE . i t O Minimum ❑ Aliens 0 Release /._.ii_,tt "l t L f.,/-- ❑ Medium ❑ YCA Male BY ( ' 'lrt°'— ___ El Major ❑ YCA Female (SIGNATURE OF CONTRACTING OFFICER) 20. ANTICIPATED ANNUAL USA_£ 21.NAME OF AUTHORIZING OFFICIAL 22.DATE SIGNED UNSENTENCED SENTENCED ALIENS TOTAL (Type or Print) No. of Prisoners =0 _-2nD Prisoner Days 550 - 24 S50 Vicki LlpoV J // / " Guard Hours — — PRIOR EDITIONS ARE OBSOLETE AND ARE NOT TO BE USED FORM USM-24I (Rev.3/96) U.S. Department of Justice United Stares Marshals Service IGA No. Page No. Intergovernmental Service Agreement Schedule 12-94-0006 9 of_9_ • ARTICLE I - PURPOSE AND SECURITY PROVIDED The purpose of this Intergovernmental Service Agreement (IGA) is to establish a formal binding relationship between the United States Marshals Service (USMS) and other federal user agencies (the Federal Government) and Santa Ana City (the Local Government) for the detention of persons charged with or convicted of violations of federal law or held as material witnesses (federal prisoners) at the Santa Ana City Jail (the facility), The Local Government agrees to accept and provide for the secure custody, care and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. The USMS considers all federal prisoners medium/maximum security-type prisoners that are housed within the confines of the facility, at a level appropriate for prisoners considered a risk of flight a danger to the community, or wanted by other jurisdictions. ARTICLE II - ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECT- SUPPORTED EFFORT 1, Neither this agreement nor any interest therein may be assigned or transferred to any other party without prior written approval by the USMS. 2. None of the principal activities of the project-supported effort shall be contracted out to another organization without prior approval by the USMS. Where the intention to award contracts is made known at the time of application, the approval may be considered granted if these activities are funded as proposed. 3. All contracts or assignments must be formalized in a written contract or other written agreement between the parties involved. 4. The contract or agreement must, at a minimum, state the activities to be performed, the time schedule, the project policies, and the flow-through requirements that are applicable to the contractor or other recipient other policies and procedures to be followed, the dollar limitation of the agreement, and the cost principles to be used in determining allowable costs. The contract or other written agreement must not affect the recipient's overall responsibility for the duration of the project and accountability to the government. Form USM-2413 (Rev. 2192) U.S. Department of justice United States Marshals Service Intergovernmental Service Agreement Schedule IGA No. Page No. 12-94-0006 3 of_g_ ARTICLE III - MEDICAL SERVICES 1. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided to local prisoners, including the transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the Federal Government, In the event the Local Government has a contract with a medical facility/physician or receives discounted rates, the federal prisoners shall be charged the same rate as local prisoners. 2. The Local Government agrees to notify the United States Marshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services required. 3. When a federal prisoner is being transferred via the USMS airlift, he/she will be provided with three (3) to seven (7) days of prescription medication which will be dispensed from the detention facility. When possible, generic medications should be prescribed. 4. Medical records must travel with the federal prisoner: If the records are maintained at a medical contractor's facility, it is the detention facility's responsibility to obtain them before a federal prisoner is moved. 5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Government, 6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is involved in an escape, attempted escape, or conspiracy to escape from the facility. ARTICLE IV - RECEIVING AND DISCHARGE 1. The Local Government agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials, 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initially committing the prisoner (i.e., DEA, INS, etc,) or to a Depuy USM. Those prisoners who are remanded to custody by a USM may only be released to a USM or an agent specified by the USM of the Judicial District, 3. The Federal Government agrees to maintain federal prisoner population levels at or below the level established by the facility administrator, Form USM-241B (Rev. 2/92) C.I.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule IGA N Page No. 12-94-0-0 006 �_of 4. Federal prisoners may not be released from the facility or placed in the custody of state or local officials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the concurrence of the District USM. ARTICLE V - PERIOD OF PERFORMANCE This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners, the Local Government may suspend or restrict the use of the facility by giving written notice to the USM. Such notice will be provided thirty (30) days in advance of the effective date of formal termination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT 1 . Per diem rates shall be established on the basis of actual and allowable costs associated with the operation of the facility during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Government at the per diem rate identified on page one (1) of this agreement. The rate may be renegotiated not more than once per year, after the agreement has been in effect for twelve (12) months. 3. The rate covers one (1) person per "prisoner day". The Federal Government may not be billed for two (2) days when a prisoner is admitted one evening and removed the following morning, The Local Government may bill for the day of arrival, but not for the day of departure. 4. When a rate increase Is desired, the Local Government shall submit a written request to the USM at least sixty (60) days prior to the desired effective date of the rate adjustment. All such requests must contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM. The Local Government agrees to provide additional cost information to support the requested rate increase and to permit an audit of accounting records upon request of the USMS. 5. Criteria used to evaluate the increase or decrease in the per diem rate shall.be those specified in the Office of Management and Budget (OMB) Circular A-87, Cost Principles fo' State, Local, and Indian Tribal Governments, Form USM-241B (Rev. 2/92) U.S. Department of Justice United Stares Marshals Service r IGA No. P e No. Intergovernmental Service Agreement Schedule 12-94-0006 0 of 9 6, The effective date of the rate modification will be negotiated and specified on the IGA Modification form approved and signed by a USMS Contract Specialist. The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return of the signed modification by the authorized Local Government official to the USM. ARTICLE VII - BILLING AND FINANCIAL PROVISIONS 1. The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for certification and payment. U. S. MARSHALS SERVICE CENTRAL DISTRICT OF CALIFORNIA U,S. COURTHOUSE 312 NORTH SPRING STREET G-23 LOS ANGELES, CA 90012-4798 (213) 894-2485 2. To constitute a proper monthly invoice, the name and address of the facility, the name of each federal prisoner, their specific dates of confinement the total days to be reimbursed, the appropriate per diem rate as approved in the IGA, and the total amount billed (total days multiplied by the rate per day) shall be listed. The name, title, complete address, and phone number of the local official responsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act Public Law 97-177 (96 stat. 85, 31 USC 1801), is applicable to payments under this agreement and requires the payment to the Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125, 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the Invoice. If the due date falls on a nonworking day (e.g., Saturday, federal holiday), then the due date will be the next working day. The date of the check issued in payment shall be considered to be the date payment is made. NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR PAYMENT. Form USM-24f13 (Rev. 2/92) U.S. Department of Justice United States Marshals Service • Intergovernmental Service Agreement Schedule IG 94-0006 Page No. of 9 ARTICLE VIII - SUPERVISION AND MONITORING RESPONSIBILITY All recipients receiving direct awards from the USMS are responsible for the management and fiscal control of all funds. Responsibilities include the accounting of receipts and expenditures, cash management, the maintaining of adequate financial records, and the refunding of expenditures disallowed by audits. ARTICLE IX- ACCOUNTING SYSTEMS AND FINANCIAL RECORDS 1. The recipient shall be required to establish and maintain accounting systems and financial records That accurately account for the funds awarded. These records shall include both federal funds and all matching funds of state, local, and private organizations. State and local recipients shall expend and account for funds in accordance with state laws and procedures for expending and accounting for its own funds, as well as meet the financial management standards in 28 Code of Federal Regulations (CFR), Part 66, and current revisions of OMB Circular A-87. 2. Recipients are responsible for complying with OMB Circular A-87 and 28.CFR, Part 66, and the allowability of the costs covered therein (submission of Form USM-243). To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowability under the specific cost principles, recipients must obtain prior approval on the treatment of special or unusual costs, 3. Changes in IGA facilities: The USMS shall be notified by the recipient of any significant change in the facility, including significant variations in inmate populations, which causes a significant change in the level of services under this IGA. The notification shall be supported with sufficient cost data to permit the USMS to equitably adjust the per diem rates included in the IGA: Depending on the size of the facility for purposes of assessing changestn the population, a 10% Increase or decrease in the prison population shall be a "significant increase or decrease" for purposes of this subsection. ARTICLE X - MAINTENANCE AND RETENTION OF RECORDS AND ACCESS TO RECORDS • 1 . In accordance with 28 CFR, Part 66, all financial records, supporting documents, statistical records, and other records pertinent to contracts or sub-awards awarded under this IGA shall be retained by each organization participating in the program for at least three (3) years for purposes of federal examination and audit. 2. The 3-year retention period set forth in paragraph one (1) above, begins at the end of the first year of completion of service under the IGA, If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 3- Form USM-241B (Rev. 2/92) U.S. Department of Justice United States Marshals Service • Intergovernmental Service Agreement Schedule 1 12 2 N. Page No. 1 -94-0006 _Z of q year period, the records must be retained until completion of the action and resolution of all Issues which arise from it or until the end of the regular 3-year period, whichever is later. 3. Access to Records: The USMS and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of recipients or its sub-recipients/contractors, which are pertinent to the award, ih order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. 4. Delinquent Debt Collection, The USMS will hold recipient accountable for any overpayment, audit disallowance, or any breach of this agreement that results in a debt owed to The Federal Government. The USMS may apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. ARTICLE XI - GOVERNMENT FURNISHED PROPERTY 1, It Is the intention of the USMS to furnish excess federal property to local governments for the specific purpose of improving Jail conditions and services. Accountable excess property, such as furniture and equipment, remains titled to the USMS and shall be returned to the custody of the USMS upon termination of the agreement. 2. • The Local Government agrees to inventory, maintain, repair, assume liability for, and manage all federally provided accountable property as well as controlled excess property. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters, The loss or destruction of any such excess properly shall be immediately reported to the USM and USMS Headquarters. Accountable and. controlled excess properly includes any property with a unit acquisition value of $1,000 or more, all furniture, as well as equipment used for security and control, communication, photography, food service, medical care, inmate recreation, etc. 3. The suspension of use or restriction of bedspace made available to the USMS are agreed to be grounds for the recall and return of any or all government furnished property, 4. The dollar value of propery provided each year will not exceed the annual dollar payment made by the USMS for prisoner support unless a specific exemption is granted by the Chief, Prisoner Services Division, USMS Headquarters. 5. 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 Form USM-24113 (Rev. 2/92) • U.S. Department of Justice United States Marshals Service InterIntergovernmental Service Agreement Schedule IGA N-0 Page No. 6 S 12-94-0006 $_of A 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, ARTICLE X1i - MODIFICATIONS/DISPUTES 1. Either party may initiate a request for modification to this agreement in writing. All modifications negotiated will be written and approved by a USMS Contracting Officer and submitted to the Local Government on form USM 241a for approval. 2. Disputes, questions, or concerns pertaining to this agreement will be resolved between the USM and the appropriate Local Government official, Space guarantee questions along with any other unresolved issues are to be directed to the Chief, Prisoner Services Division. ARTICLE XIII - INSPECTION The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations,-conditions of confinement, and levels of services. The mandatory minimum conditions of confinement which are to be met during the entire period of the IGA agreement are 1. Adequate, trained jail staff will be provided 24 hours a day to supervise prisoners, Prisoners will be counted at least once on every shift, but at least twice in every 24-hour period. One of the counts must be visual to validate prisoner occupancy. 2. Jail staffing will provide full coverage of all security posts and full surveillance of inmates. 3, Jail will provide for three meals per day for prisoners. The meals must meet the nationally recommended dietary allowances published by the National Academy of Sciences, 4. Jail will provide 24-hour emergency medical care for prisoners. - Form USM-241B (Rev. 2/92) U.S. Department of Justice United States Marshals Service IGA No. Page No. Intergovernmental Service Agreement Schedule 12-94-0006 9 of 9 5. Jail will maintain an automatic smoke and fire detection and alarm system, and maintain written policies and procedures regarding fire and other safety emergency standards. b. Jail will maintain a water supply and waste disposal program that is certified to be in compliance with applicdble laws and regulations. ARTICLE XIV- CONFLICT OF INTEREST Personnel and other officials connected with the agreement shall adhere to the requirements given below: 1, Advice. No official or employee of the recipient a sub-recipient or a contractor shall participate personally through decisions, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant cooperative agreement claim, controversy, or other particular matter in which Department of Justice funds are used, where to his/her knowledge, he/she or his/her immediate family, partners, organization other than a public agency in which he/she is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment, has a financial interest, or less than an arms-length transaction. 2. Appearance. In the use of Department of Justice project funds, officials or employees of the recipient a sub-recipient or a contractor,-shall avoid any action which might result in, or create the appearance of: a. Using his or her official position for private gain; b. Giving preferential treatment to any person; c. Losing complete independence or impartiality; d. Making an official decision outside official channels; or e. Affecting adversely the confidence of the public in the integriy of the governmen- or the program. Form USM-241B (Rev. 2(92) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA 'Area• PATRICIA E. HEALY / VGUEL A. PULIDO Clerk of the Council Mayor APPROVED AS TO FORM: JOSEPH W. FLETCHER City • orney By• 4 4114 / Denah H. Yoshiya Assistant City Atto Or ey APPROVED AS TO CONTENT: United States Marshalls Service Department of Justice AVID N. REAM by: City Manager title: