HomeMy WebLinkAboutAGMT - United States - Dept. of Justice & Marshals (Detention Facilities Services) „Sr U.S. DEPARTMENT OF JUSTICE
Ain
�rl' United States Marshals Service
eM�QP Central District of California
a rtse
312 N. Spring Street, G-23
Los Angeles, California 90012
Telephone 866-USM-STAR
April 28,2009
EMORANDUM TO: All Contract Jails within the Central District of California
I ROM: Assistant Chief Deputy U.S. Marshal Gena McEwen
UI3JECT: Prisoner Parameters
'reface: Understanding that most of the prisoners we will be asking you to house have a special
-ignificance to the government's prosecution of a case, these prisoners are still under the responsibility of
he U.S. Marshals Service.
he Marshals Service does not intend to dictate to you how to manage the jails but in light of no guidelines
n existence and incidents that have come to our attention recently it is necessary to convey our values.
ny special needs approvals should be directed to the USM or his designate USMS employee.
he following guidelines are not to be considered all inclusive and if the jail feels there is any situation
hich is unaddressed here directly or not within the jails policy call the US..Marshals Cellblock Supervisor.
1. Case agents and prosecutors do not have the authority to move U.S. Marshals prisoners that are
housed in contract jails.
2. Cell Phones are not to be in the possession of inmates unless under the direct physical supervision of case
agents.
3. Food will not be accepted from outside sources such as family members or delivery persons.
U. S. Department of Justice Detention Services
Unitec States Marshals Service Intergovernmental Agreement
1. Agreement Number 2. Effective Date 3. Facility Code(s) 4. DUNS Number
12-09-0020 See Block 19 9MF 06-075-2607
5. Issuing Federal Agency 6. Local Government
United States Marshals Service The City of Seal Beach Detention Center
Prisoner Operations Division 911 Seal Beach Boulevard
0 Tice of Interagency Agreements Seal Beach, CA 90740
Washington, DC 20530-1000 Tax ID#: 95-6000794
7. App-opriation Data 8. Local Contact Person
John Scott, Police Corporal
15X1020 9. Tel: (562) 799-4100
Email: jscott @ci.seal-beach.ca.us
Mc-Diem Rob
10. Th s agreement is for the housing, 11. 12.
sa`ekeeping, and subsistence of federal
pr soners, in accordance with content set 10 $75.00
forth herein.
13. Optional Guard/Transportation Services to: 14.
❑ Medical Facility Guard/Transportation Hourly Rate: $00.00
❑ U.S. Courthouse Mileage shall be reimbursed by the Federal Government at the GSA
Federal Travel Regulation Mileage Rate.
15. Local Government Certification 16. Signature of Person Authorized to Sign (Local)
To the best of my knowledge and belief, ���
information submitted in support of this
agreement is true and correct, this document Signature
has been duly authorized by the body governing
the Department or Agency and the Department David Carmany
or Agency will comply with all provisions set Print Name
forth herein.
City Manager 05- i;-- 2cc°f
Title Date
17.Prisoner and 18. Other Authorized 19. Signature of Person Authorized to Sign (Federal)
Detainee Type Agency User
Authorized
® Adult Male ❑ BOP Si na ur
❑ Adult Female ❑ ICE Mary Horsey _
❑ Juvenile Male Print Name
Grants Specialist JUN 0 2009
El Juvenile Female p
Title Date
Page 1 of 11
Agree ent Number 12-09-0020
Autho ity 3
Purpo•.e of Agreement and Security Provided 3
Period of Performance 3
Assig ment and Outsourcing of Jail Operations 4
Medic. I Services 4
Recei ing and Discharge of Federal Detainees 5
Optio al Guard/Transportation Services to Medical Facility 6
Optio at Guard/Transportation Services to U.S. Courthouse 6
Speci.l Notifications 7
Prison •r Rape Elimination Act (PREA) 7
Servic- Contract Act 7
Per-Di-m Rate 8
Billing and Financial Provisions 8
Paym:nt Procedures 9
Modifications and Disputes 9
Inspe• ion of Services 10
Litigat on 10
Prison •r Rape Elimination Act Reporting Information 11
Page 2 of 11
Agree ent Number 12-09-0020
Auth 1rity
Pursuant to the authority of Section 119 of the Department of Justice Appropriations
Acts of 2001 (Public Law 106-553), this Agreement is entered into between the United
State. Marshals Service (hereinafter referred to as the "Federal Government") and The
City • Seal Beach (hereinafter referred to as the "Local Government"), who hereby
agree as follows:
Purp 'se of Agreement and Security Provided
The F-deral Government and the Local Government establish this Agreement that allows
the U ited States Marshals Service (USMS) to house federal detainees with the Local
Gove nment at the City of Seal Beach Detention Center (hereinafter referred to as "the
facilit ").
The population (hereinafter referred to as "federal detainees") will include individuals
charg-d with federal offenses and detained while awaiting trial, individuals who have
been -entenced and are awaiting designation and transport to a Bureau of Prisons (BOP)
facilit , and individuals who are awaiting a hearing on their immigration status or
depo ation.
The Local Government shall accept and provide for the secure custody, safekeeping,
housi g, 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
facilit. . Detainees shall also be housed in a manner that is consistent with federal law
and t e Federal Performance-Based Detention Standards.
The SMS ensures the secure custody, care, and safekeeping of USMS detainees.
Acco singly, all housing or work assignments, and recreation or other activities for USMS
detai ees are permitted only within secure areas of the building or within the secure
exter al recreational/exercise areas.
At all times, the Federal Government shall have access to the facility and to the federal
detai ees housed there, and to all records pertaining to this Agreement, including
finani ial records, for a period going back three (3) years from the date of request by the
Fede .I Government.
Period of Performance
This i greement is effective upon the date of signature of both parties, and remains in
effec' unless terminated by either party with written notice. The Local Government shall
provi.le no less than one-hundred twenty (120) calendar days notice of their intent to
termi ate. Where the Local Government has received a Cooperative Agreement
Program (CAP) award, the termination provisions of the CAP prevail.
Page 3 of 11
Agree ent Number 12-09-0020
Assig-ment and Outsourcing of Jail Operations
Overa I management and operation of the facility housing federal detainees may not be
contr.cted out without the prior express written consent of the Federal Government.
Medial Services
The L.cal Government shall provide federal detainees with the full range of medical care
insid: the detention facility. The level of care inside the facility should be the same as
that p ovided to state and local detainees. The Local Government is financially
respo sible 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
medic.;I supplies, over the counter prescriptions and, any prescription medications
routinely stocked by the facility which are provided to federal detainees. The cost of all
of the above-referenced medical care is covered by the federal per diem rate. However,
if dial sis is provided within the facility, the Federal Government will pay for the cost of
that s: rvice.
The F:deral Government is financially responsible for all medical care provided outside
the facility to federal detainees. The Federal Government must be billed directly by the
medic,;I care provider not the Local Government. In order to ensure that Medicare rates
are properly applied, medical claims for federal detainees must be on Centers for
Medic. re and Medicaid (CMS) Forms in order to be re-priced at Medicare rates in
accord.nce with Title 18, USC Section 4006. The Local Government is required to
imme.iately forward all medical claims for federal detainees to the Federal Government
for pr.cessing.
All ou+side medical care provided to federal detainees must be pre-approved by the
Feder.) Government. In the event of an emergency, the Local Government shall
proce:d immediately with necessary medical treatment. In such an event, the Local
Gover ment shall notify the Federal Government immediately regarding the nature of
the fee eral detainee's illness or injury as well as the types of treatment provided.
Medic.l 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. smarshals.•ov •risoner standards.htm) and in compliance with USMS Inspection
Guide) nes, Form USM-218 Detention Facility Investigative Report. The Local
Cover ment is responsible for all associated medical recordkeeping.
The fa. ility shall have in place an adequate infectious disease control program which
includ:s testing of all federal detainees for Tuberculosis (TB) as soon as possible after
intake (not to exceed 14 days). When Purified Protein Derivative (PPD) skin tests are
used, they shall be read between 48 and 72 hours after placement.
TB testing shall be accomplished in accordance with the latest Centers for Disease
Contro (CDC) Guidelines and the result promptly documented in the federal detainee's
Page 4 of 11
Agree ent Number 12-09-0020
medic:I record. Special requests for expedited TB testing and clearance (to include
time-•ensitive moves) will be accomplished through advance coordination by the Federal
Gover ment and Local Government.
The Local Government shall immediately notify the Federal Government of any cases of
suspe'ted or active TB or any other highly communicable disease such as Severe Acute
Respi story Syndrome (SARS), Avian Flu, Methicillin-Resistant Staphylococcus Aureus
(MRS '), Chicken Pox, etc., which might affect scheduled transports or productions so
that p otective measures can be taken by the Federal Government.
When . federal detainee is being transferred and/or released from the facility, they will
be pro ided with seven (7) days of prescription medication which will be dispensed from
the facility. When possible, generic medications should be prescribed. Medical records
must s avel with the federal detainee. If the records are maintained at a medical
contra tor's facility, it is the Local Government's responsibility to obtain them before a
federa detainee is moved.
Feder.) detainees may be charged a medical co-payment by the Local Government in
accord.nce with the provisions of Title 18, USC Section 4013(d). The Federal
Gover ment is not responsible for medical co-payments and cannot be billed for these
costs liven for indigent federal prisoners.
Recei ing and Discharge of Federal Detainees
The L. al Government agrees to accept federal detainees only upon presentation by a
law en orcement officer of the Federal Government with proper agency credentials.
The Lo al Government shall not relocate a federal detainee from one facility under its
contro to another facility not described in this Agreement without permission of the
Federa Government.
The Lo al Government agrees to release federal detainees only to law enforcement
officer- of the Federal Government agency initially committing the federal detainee (i.e.,
Drug E forcement Administration, Immigration and Customs Enforcement, etc.) or to a
Deput United States Marshal (DUSM). Those federal detainees who are remanded to
custod by a DUSM may only be released to a DUSM or an agent specified by the DUSM
of the udicial District.
USMS ederal detainees sought for a state or local court proceeding must be acquired
throug a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then
only wi h the concurrence of the district United States Marshal (USM).
Page 5 of 11
Agree ent Number 12-09-0020
Optio. al Guard/Transportation Services to Medical Facility
If Med cal Facility in block 13 on page one (1) of this Agreement is checked, the Local
Gover ment agrees, subject to the availability of its personnel, to provide transportation
and e- ort guard services for federal detainees housed at their facility to and from a
medic. I facility for outpatient care, and transportation and stationary guard services for
federa detainees admitted to a medical facility.
These .ervices should be performed by at least two (2) armed qualified law enforcement
or cor -ctional officer personnel. If the Local Government is unable to meet this
requirement, the Local Government may seek a waiver of this requirement from the
local U.M.
The L. al Government agrees to augment this security escort if requested by the USM to
enhan i e specific requirement for security, prisoner monitoring, visitation, and
contra 'and control.
If an hourly rate for these services has been agreed upon to reimburse the Local
Gover ment, it will be stipulated on page one (1) of this Agreement. Mileage shall be
reimb rsed in accordance with the current GSA mileage rate.
Optio Gal 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
Gover ment agrees, subject to the availability of its personnel, to provide transportation
and es ort guard services for federal detainees housed at its facility to and from the U.S.
Courthouse.
These .ervices should be performed by at least two (2) armed qualified law enforcement
or corr-ctional officer personnel. If the Local Government is unable to meet this
requirement, the Local Government may seek a waiver of this requirement from the
local U S. Marshal.
The Lo al Government agrees to augment this security escort if requested by the USM to
enhance specific requirements for security, detainee monitoring, and contraband control.
Upon .rrival at the courthouse, the Local Government's transportation and escort guards
will to federal detainees over to a DUSM only upon presentation by the deputy of
proper law enforcement credentials.
The Lo al Government will not transport federal detainees to any U.S. Courthouse
withou a specific request from the USM who will provide the detainee's name, the U.S.
CourthRuse, and the date the detainee is to be transported.
Each d •tainee will be restrained in handcuffs, waist chains, and leg irons during
transpi rtation.
Page 6 of 11
Agree ent Number 12-09-0020
If an hourly rate for these services has been agreed upon to reimburse the Local
Gover ment, it will be stipulated on page one (1) of this Agreement. Mileage shall be
reimb rsed in accordance with the current GSA mileage rate.
Sped Notifications
The L. al Government shall notify the Federal Government of any activity by a federal
detaim•e which would likely result in litigation or alleged criminal activity.
The L. al Government shall immediately notify the Federal Government of an escape of
a fede al detainee. The Local Government shall use all reasonable means to apprehend
the es' aped federal detainee and all reasonable costs in connection therewith shall be
borne .y the Local Government. The Federal Government shall have primary
respon-ibility and authority to direct the pursuit and capture of such escaped federal
detainees. Additionally, the Local Government shall notify the Federal Government as
soon a. possible when a federal detainee is involved in an attempted escape or
conspi acy to escape from the facility.
In the -vent of the death or assault of a federal detainee, the Local Government shall
immediately notify the Federal Government.
Priso, er Rape Elimination Act (AREA)
The fa' ility is requested to post the Prisoner Rape Elimination Act brochure/bulletin in
each housing unit of the facility. All detainees have a right to be safe and free from
sexual harassment and sexual assaults. (See Attached)
Servi.- Contract Act
This A. reement incorporates the following clause by reference, with the same force and
effect ..s if it was given in full text. Upon request, the full text will be made available.
The ful text of this provision may be accessed electronically at this address:
www.a net.,ov.
Federa Acquisition Regulation Clause(s):
52.22 -41 Service Contract Act of 1965, as Amended (July 2005)
52.22 42 Statement of Equivalent Rates for Federal Hires (May 1989)
52.22 43 Fair Labor Standards Act and the Service Contract Act — Price Adjustment
(Multiy-ar and Option Contracts) (May 1989)
The cu rent Local Government wage rates shall be the prevailing wages unless notified
by the ederal Government.
Page 7 of 11
Agree ent Number 12-09-0020
Per- • iem Rate
The F.•deral Government will use various price analysis techniques and procedures to
ensur • the per-diem rate established by this Agreement is considered a fair and
reaso able price. Examples of such techniques include, but are not limited to, the
follow ng:
1. Comparison of the requested per-diem rate with the independent government
estimate for detention services, otherwise known has the Core Rate;
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 fi m-fixed per-diem rate for services is $75.00, and shall not be subject to
adjust ent on the basis of The City of Seal Beach actual cost experience in providing
the se vice. The per-diem rate shall be fixed for a period from the effective date
of th= Agreement forward for twenty-four (24) months. The per-diem rate covers
the susport of one (1) federal detainee per "federal detainee day", which shall include
the da of arrival, but not the day of departure.
After i enty-four (24) months, if a rate adjustment is desired, the Local Government
shall s bmit a request through the Electronic Intergovernmental Agreements area of the
Deten ion Services Network (DSNetwork). All information pertaining to the jail on the
DSNeu ork will be required before a new per-diem rate can be considered.
Billin and Financial Provisions
The L.cal Government shall prepare and submit for certification and payment, original
and sa parate invoices each month to each Federal Government component responsible
for fe.seral detainees housed at the facility.
Addre•ses for the components are:
Unite States Marshals Service
Centr >:l District of California
US. •urthouse
312 N. Spring Street, Rim G-23
Los: An geies, CA 90012-4798
(213) 894-2485
Page 8 of 11
Agree ent Number 12-09-0020
To co stitute a proper monthly invoice, the name and address of the facility, the name
of eaIh 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
respo sible for invoice preparation.
Nothi g contained herein shall be construed to obligate the Federal Government to any
expe diture or obligation of funds in excess of, or in advance of, appropriations in
accor'lance with the Anti-Deficiency Act, 31 U.S.C. 1341.
Pay ent Procedures
The F-deral Government will make payments to the Local Government on a monthly
basis promptly after receipt of an appropriate invoice. The Local Government shall
provinne a remittance address below:
The I ity of Seal Beach Detention Center
911 seal Beach Blvd.
Seal :each, CA 90740
Modi ications and Disputes
Eithe party may initiate a request for modification to this Agreement in writing. All
modi'ications negotiated will be effective only upon written approval of both parties.
Dispu es, questions, or concerns pertaining to this Agreement will be resolved between
appr.priate officials of each party. Both parties agree they will use their best efforts to
resol e the dispute in an informal fashion through consultation and communication, or
other forms of non-binding alternative dispute resolution mutually acceptable to the
pa rti a s.
Page 9 of 11
Agree ent Number 12-09-0020
Insp=ction of Services
The Local Government agrees to allow periodic inspections of the facility by Federal
Gover ment inspectors. Findings of the inspection will be shared with the facility
admin strator to promote improvements to facility operations, conditions of confinement,
and le els of services.
Litiga ion
The Federal Government shall be notified, in writing, of all litigation pertaining to this
Agree ent and be provided copies of any pleadings filed or said litigation within five (5)
worki g days of the filing.
The Local Government shall cooperate with the Federal Government legal staff and/or
the U ited States Attorney regarding any requests pertaining to Federal Government or
Local iovernment litigation.
Page 10 of 11
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