HomeMy WebLinkAboutModification of Intergovernmental AgreementU.S. Department or .Justice
United States Marshals Service
I. Agreement No. 2. EffcctlV<' Dak
85-10-0004 JUL 1 2018
6. Issuing Fcclernl Agency
United States 1vlnrshals Service
Prisoner Operations Division
Office of Detention Services
CG-J, Jr<I Floor
Washington, DC 20530-1000
.Modification of Intergovernmentnl Agreement
3. li'ncllity Coclc(s) 4. Modi11cnlion No. 5. DUNS No.
OBU 011c (I) 010202547
7. Locnl Government
KITTITAS COUNTY CORRECTIONS CENTER
205 West 5th Ave
Ellensburg, WA 98926
8. Approprlnlion Dntn 19. Per-Diem Rate r IO. Gunrclffrnnsportatlon Hourly Rate
15XI020 $63.00 N/A
11. EXCElrr AS 1'1tOVIDED SPECIFICALLY HEREIN, ALL Tlmi\IS AND CONl)(TIONS OF TIIE IGA DOCUMENT REFERRED
TO IN BLOCK I, REMAIN UNCIIANGED. TERMS OFTIITS l\lODlli'ICATION:
TIIE PURPOSE OF THIS MODIFICATION IS TO ADD lc'IIMIGRATION CUSTOMS ENFORCEMENT AS A RIDER TO THE CURRENT IGA
REFERRED TO IN BLOCK I. PLEASE REFER TO THE PURCHASE ORDER l'ROVIDrlD BY ICE FOR BILLING INSTRUCTIONS.
ALI. OTIIER CONOITIONS :\ND TERMS i\RE TO RE"-'IAIN Till' SAME IN ACCORDANCE \VITI! TIil: TERMS OF TIIE CURRENT
IN TERGOVERNMENTAi, AGltEEMENT.
12. INSTRUCTIONS TO LOCAL GOVERNMEi'H FOR EXECUTION Oli' TlllS MODI FICTION:
I\.• LOC/\L GOVERNMENT IS NOT REQUIRED
TO SIGN Tl-11S DOCUMENT
13. APPROVALS
,\. LOC~ER;11i!"~
=--~l):llflfll/ (~
S/001 ,,r,c ~lo
TnJE U Tli
B. l3J LOCAL GOVERNMENT IS REQUIRED TO SIGN
THIS DOCUMENT AND RETURN ALL COPIES TO
U. S. MARSHAL
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"· ~""/4lO '~i/
Gr;uJl~ S1 ,c tl:ilj,:t
TITLE
Sig,in"ZJJ_ I 9-· I y
DATE
rayc _I_ of_l_
RECEIVED
JUL 1 9 2010
KITTITAS COUNTY SHERIFF
ACCOUNTING
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U.S. Department of Justice
United States Marshals Service
Prlsorier o-pt~ratlons Division
1 , Agree111ent Num ber 2 , Effectiv e Dat e
85~10-0004 See Block 19
5. Issuing Fe dercll Agency
United States Marshals Service
Prlsoner operatlons Division
2604 Jefferson Davis Highway
Alexand~a, VA 22301-1025
7. Approptlatlon Data
15XlD20
1 0, This ag reement Is for t he housll1g, sa fekeepi ng,
and subsistence of Federa l detainees, In accord emce
with content set forth herein .
13a. Optiona l Gual'd/Transp oH:atl on Services to:
0 Medical Facility
O U.S. courthouse
0 JPATS
13b. 0 Department of Labor Wage Determination
15. Local Government Certification
To the best of my knowlerJge and bel)ef, Info rmation
s.ubmltted /ti s upport of this ag r eement, fs true and
•correr.t , This document has been duly authorized by
t he g o verning aul'J.1 or ltle s of thefr applying
Department or Agency, State or Co u nty Government
and therefore agree to comp ly with all pro visions ~t
f orth herein t/71s document.
17.Federal Detal Me
Type Authorlied
fgj Adult Male
0 Adult Female
0 Juvenile Male
D Juvenile Female
18, other Authorized
Agency User
0 BOP
•ICE
Detention Services ~(Q) [f2) W
I ntergovernmental Agreeme~
3, Facility Co de{s)
OBU
4. DUNS Num ber
010202547
6. Local Government
KIHITAS COUNTY CORRECTIONS CENTER
205 West 5th Ave
Ellensburg, WA 98926
Tax 10#": 91-6001349
B. Local Contact Person
Pa ula Hector Commande r
9. Te l eph one 1 509 962-7619
Email: paul a,hoctor@co .kl t tltas .wa,us \
Male: 50
14.
12 .
$63
Guard/Transportation Hourly Rate: $N/A
MIieag e shall be reltribu rsed by the Federa l Gove l'riment at
the Ge ne r.al Serv ices Admini stration (GSA) Federal Tra vel
Re9,ulatl on MIieage Rclte ,
,
0
16. Signature z :;s Sign (Lo<al )
Signature -
Gene Dana ~-~
Print Name
Sheriff
Tl tie Date
19. Signature of Pe rso n Au th orize to Sign (Federal)'
Aisha Ogburn
Print Name
Grants Spec lallst
lltle
'~J/-8()13
Date
Page 1 of 14
Agreement Number ss-10~0004
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Authority ......... ,, .. , ......... , .......... t .......................................... , , ................................. 3
Purpose of Agreement and Security Provided .• , ........................................................ 3
Period of Performan.ce and Termination ................................................ ,. .................. 3
Assignment and Outsourcing of Jail Operations ........ , ................................................ 4
Medical Servi ces ........................................................................................ , .. ,.,. ....... 4
Receiving and Discharge of Federal Detainees ......... , ................................................. 5
Optional Guard/Transportation Services to Medical Facility ........................ , ................ 6
Optional Guard/Transportation Services to U.S. Courthouse ....................... 1 ................ 6
Optional Gua rd /Transportation Services to Justice Prisoner & Alien Transportation
System (JPAT S) ....... , ............. , .. ,. , ....................... , ........................... , ...... , ................ 7
Special No·tifications .......................... ,.1,,, .. , .• , •..•• , •.•.••.•...•..•.•.••.••...• , ••.•••..•••••..•..•..•• 8
Special Management Inmates and Suicide Prevention ................................................ 8
Prisoner Rape Elimination Act (PREA) ....................................................................... 9
Service Contract Act ................... , .......................... , .. , ............................................. 9
Billing and Financial Provisions ............................................................. ,,, .............. 10
Payment Procedures ........ 1,,, •••••..... 11 •1 •• • • 1• •··· • • • • •• • • • • •• •• .............................................. 11
1·nspection of Services ..................................................... , ................................... 11
Modifications ... 1, ••••••••• , , 1 • .11, ~ ......................................................................... , ••• , , ••• 11
Litigation ... , ·~-···• ,.11 •. , •••••• , ......... 11.,, •••••••••••• ,,., ••• , ................... ,, 4 ·······••i••························ 12
Rape Elimination Act Reporting Information ................. , .................... , ..................... 13
Page 2 of 14
Local Government (Initial):~ ... .,.
Federal Government (Initial): ~
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Ag r eement Number 85-10-0004
Authority
Pursuant to the authority of Section 119 of the Department of Justice Approprlatlohs Act
of 2001 (Publlc Law 106-553), this Agreement Is entered Into between the .United States
Marshals Service (herein.after refen·ed to as the ''Federal Governme nt 11
) and KITTITAS
COUNTY CORRECTIONS CENTER (herei nafter referred to as "Loca l Government "), who
hereby agree as follows·:
Purpose of Agreem~nt and Security Provided
The Federal Government and the ~ocal Government establish th is Agreement that allows.
the Utllted States Marshal~ Service (USMS) or other a uthorized agen cy user qS noted in
b lock #18 on pa .ge (1) to. house Federal detainees with the Loca l Government at t h e
KITTITAS CO UN TY CORRECTIONS CENTER 205 West 5th Ave, Ellensburg, WA 98926
(herein after referred to as '1the Faclllty1') d es ignated In #6 page 1.
j
T he populatlon(herel nafter re.ferred t o as \\Federal detainees,") will Include lndlvlduals
charged with Federctl offeI1ses and de t ai ne d while c!Waltlng trial, Ind ividuals wh o have
been sentenced and ·are awaltfng designation and tra nsport to a Bureau of Prisons (BOP)
fac'llfty, and Individua ls who are awaiting a hearing on their immigration status o r
depo rtation.
The Local Government shall accept and provide for the secure custody, safel<eeplng,
housing, subsistence and care of Federal detainees In acc ordance with all sta t e and loca.l
laws, standards, regulations, policies and court orders a pplica ble t o t he operatlo,n of the
· Facility. Detainees shall also be housed in a manner that Is cons istent with Federal law
and the Core Detention Standards and/or any other standards r equired by an authorized
agency whose detainees are housed by the Local Government pursuant to this
Agreement (see attached).
The. USMS ensures the secu re cu stody, care, and safekeeping of USMS
detainees . Accordingl y, all housi ng or worl< assignments, and recreation or other
activities for USMS deta i nees 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 Fac i lity a nd to the Fede ral
detainees housed there, and to all re cords perta i ning . to this Agre ement, Incl u di ng
financial records, for a period g,oing back thr.ee (3) y ears f ro m the date of request by t he
Federal Government.
Period of Performance and Termination
This Agreement Is effecti ve upon the date of sig nature of the authorized USMS Prisoner
Operations Division offici al, and remains In effect unless inactivated in writing by either
party. Elther party may ter·mlnate this Agreement for any reason with written notice at
Page 3 of 14
Looa l Governm ent (Initial)~,.......
Fe dera l Go v ern m ent (initial}:~
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Agreement Number as-10-0004
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least thirty (30) calendar days In advance of term ihati on, unless an emergency situation i
requires the immediate relocation of Federal detain ees . l
Where the Local Governme nt has rece ived a Cooperative Agreement Program (CAP)
award, the termination provisions of the CAP prevail.
Asslgnment and Outsourcing of Jail Operations
The overall management and operation of the Facility h ousi ng Fe_deral detainees may
not be contracted out without the prior ex.pr ess writteh consent of the Fed eral
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Government.
Medical Services
The Local Gove-rnment sh all provide Federa l detainees with the same level and range of
care inside the Fadflty as that provided to state and local detai nees . The Local
Government Is financia lly responsible for all medical care provi ded inside the Facility to
Federal detainees. This includes the cost of all med ical, denta l, and mental health care
as well as the cost of medical supplies, over-the-counter medications and, any
prescriptio n medica tion s ro utinel y stocked by the Fadllty which are provided to Federal
detain ees, When po ssi ble, gene ric medications should be prescribed. The cost of all of
the above-referenced medical care is covered by the Fed e r-a.I per diem ra te . However,
for specialized m edical services not routinely provided withi n the Fac ility, such as
dlalysis, the federal Government will p ay for the cost of th at $ervlce.
The Federal Government Is finan cially r espo nsible for all .medical care provided outside
the Faci lity to Federal deta inees . The Federal Government must be billed directly by
outsid e medical c are provlders pursuant to arrangements mad e by the Local
Government for ou tsid e med iGal care. The Local Government should utilize outside
medical care providers that are ~overed 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 obta .ln l nformatloh about NMCC cov ered providers
from the local USMS Distri ct Office. The Feper-al Go v ernment will be b llled directly by
the medi cal ·care provider not the Local Government. To ensure that Medicare rates are
properly applied, medical c laims for Federal detainees must be on Centers for Medicare
and Medicaid (CMS) Forms so that they can be re -pri ced to Medicare rates in ac corda nce
w ith the provisions of Title 18 U.S.C. Section 400 6. If the Local Government recei ves
any bills for medical care p r ovided to Federal detainees outside the Facility, the Local
Government shou ld immedl ate ly forward those bills to the Federal Government for
processing.
All outside medical cam provided to Federal detainees must be pre-approved by the
Federal Government except In a medical emergency. In the even t of an emergency, the
Local Government shall proceed immediately with necessary medi cal treatment. In such
Page 4 of 14
Local Government (initlal): ~ f\ .
Fed eral Government (initial): ~
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Agreement Number 85-10-000 4
an event, the Local Government shall notify the Federal Government i mmediately
regarding the nature of the Federal detainee 's i llness or Injury as well as t he types of
treatment p r ovided.
Medical . care for Federal detainees shall be. provided by the Local Government in
acco r dance with the provisions of USMS, Pu blication 100-Prisoner Health Care Standards
(www.usmarsha!s.;gov/prlsoner/standards.ht m) and In compl iance w i th the Core
Detention Standards or those standards which may be required by any other authorized
agency user. The 'Loca l Government Is responsible for all associated medical record
keeping,
The Facility shall have in place an adequate Infectious disease control p rogram which
includes testing of all Federal detainees for Tuberculosis (TB) within 14 days ·of Intake.
TB testing shall be accomplished in accordance with t he late·st Cente rs for Disease
Control (CDC) Guidelines ·and t he result promptly .documented In the Federa l ct:etalnee"'s
mec:H cal record. Special requests for expe.d ft ecl TB testing and clearance (to i nclude time
sensitive moves) will be accomplished through advance coordination by the Federal
Government and Local Government.
The Local Government sh afl Imme diately •otlfy the Federal Gove r nment of any cases of
suspected or active TB or any 0th.er hlg_hly communicable diseases such as Sev.ere Acute
Respiratory Syndrom e (SARS), Avian Flu , Methlclllln-Reslstant Staphylococcus Ayre us
(MRSA}, Chicken Pox , etc,, w h ich might affect schedu led trai,sports or productions so
that protective measu r es cah be .taken by the Federal Gov ernment.
When a Federal detalne·e is bein g transfe rred ~md/or released from the Facl.llty, they wlll
be provided with seven (7) days of presc r l ptl'o n medication which will be dispensed from
the Facility. Medical reco rds and the USM-553 must trave l w ith the Fede ral detainee. Ir
the records are maintai ned at a medical contractor 's facility, It Is the Local Government's
re sponslbll/ty to obtain them before a Federal detai nee ls moved.
Federal detainees may be •tharged a medical co-payment by the Local Gove rnment In
acc ordan ce with the provisions of Titl e 18, USC Section 4013 (d). The Federal
Governm ent is not res ponsible for medical cq-payme n ts and cannot be bi lled for these
costs even for indigent Fed eral detainees.
Receiving and Discharge of Federal Detainees
The Local Govern ment agrees to accept Federa l deta inees only upon prese ntation by a
law enforcement officer of the Federal Govern ment or a USMS desig nee with proper
agency credentla"ls
The Local Government shall not relocate a Federal detainee from one facility under its
control to another facility not described in thls Agreement without permission of the
Page 5 of 14
\:;·
Local Governmen t (lnltla1)'8~
Feder·al Governmeu~ (Initial):.~
t ! ••
Agreement Number 85 -10 -0004
Federal Government. Additional facilities within the same Agreement shall be identified
In a mod ification.
The Local Government agrees to release Federal detainees only to law enforcement
officers of th e auth orized Federal Government agency lnl.tlally comrnlttlng the Federal
detainee (I .e., Dru g Enforcement Administration (DEA ), Imf"fllgn:1tlon c1nd Customs
Enforcement (I CE), etc.) or to a Dep uty United States Marshal (DUSM) or USMS
d eslgnee with p rope r agency credentials . Those Federa l detainees who ai-e remanded to
custody by a DUSM may only be released t o a DUSM or an agent specified by the DUSM
of the Judic ial District. ,
USMS Federal detainees sought for a state or local court proceeding must be acquired
through a Writ of Habeas Corpus or the Interstate Agree ment on Detainers and then
only with the concu rrence of the jurisd ictio nal United States Ma rshal (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 avaHabll ity of its personnel, to provide transportation
and escort guard se rvices for Fed er al detai'nees housed at the Facility to and from a
med ical facility for outpatient care, and transportation and stationary guard services for
Federal detainees admitted to a medical facility.
These services shoul d be performed by at leas t two (2) armeq quallfl'ed ·law enforcement
or correctional office r personnel. Criteri a as specified by the .County. Entity running the
facility, In all cases these are part of a fulltime Law Enforcement Officer (LEO) or
Correctio n al Officer (CO) that have met the minimum train ing requ!re ,r,ents.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requ'lrement for security, prisoner monitoring, visitation, and
contraband control.
If an hourly rate for these services have been agreed upon to reimburse the Local
Governmen t , it will be stipulated in block #14 on page one (1) of this Agreement. After
thi r ty-six (36) mont hs, If a rate adjustment is des lr~d, t h e Local Gove rnment shall
submit a request . Mileage shall be re i mbursed in acco rdance with the current GSA
mileage rate.
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 proviae transportation
and escort guard services for Federal detainees housed at its faci lity to and from the
U.S. Courthouse.
Page 6 of 14 ' Loca l Governme nt (initial):
Fed eral Governmen t (Initial):
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' . Agreement Number 85-10·0004
These services should be performed by at least two (2) armed qualified law enforcement
or correctional officer personnel.
The Local Gove rn ment agrees to augment this sec ur·ity escort if requested by the USM to
enhance specific requirements for security, detainee monitoring, and contraband control.
Upon arrival at th e co u,thouse, the Local Governm ent's transportation and escort guard
wlll turn Federal deta inees over to a DUSM only upon presentation by the deputy of
proper law enforcement credentials.
The Local Government will not transport Federal detai nees to any U•.S, Courthouse
w ithout a spec i fic request from the USM or their deslgnee who will provide th e detafnee's
name, the U.S. Co,urthouse, and the date the detainee is to be transported.
Each detainee will be restrained In handcuffs, waist chains, and leg irons during
transportation unless other wise authorized by the USMS ..
If an hourly rate for these services have been agreecl upon to rei mbu rse the Local
Government, It wrl! be stipulated in block #14 oh Pcl9EI one (1) of t his Agre ement. After
thirty-six (36) months, If a rate adjustment Is desired, the Lo cal Government shall
submit a request. Mileage shall be reimbursed In accordance with the current GSA
mileage rate.
Optional Gua r d/Tra ns port ation Services to Justice Prisoner & Alien
T rans portation System (J PATS)
if J.PATS In b l.eek ·#13 o n page one (1) of t his Agre e men t Is checked, the l.,ocal
Go vernment c1grees, subject to the· availability of Its perso n ne.l, to p rov.Ide t ransportation
and escort guard services for Federal detai nees housed a t its fac ility to and from th~
JPATS.
These services sh o ul d be performed by at least two (2) armed qualified law enforcement
or correctional office r personnel .
The Lo ca l Go v ernment -a-grees to augment this security escort if requ ested by the USM to
enh ance s pecifi c recjuir'ernents for security, deta inee monitoring, and contraba nd control.
Upon arriva l at JPATS , the Local Govern ment's tran sportation and escort g uards will turn
federa l deta i nees over to a DUSM only upon presen tation by the deputy of prope r law
enforcemen t cr edentia ls.
The Lucal Govern ment will not transpo rt fe deral d etain e es to the alrlift without a specific
request from the USM who will provlde the deta in ee's natn e, location (district), and the
date the deta i nee Is to be t ransported.
Page 7 of 14
Local Gover nment (lnitlal )}J)
Federal Government (lnltlal)f12R279
Agreement Number ss-10-0004
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 thir·ty-slx (36) mon ths, if a rate adjustm ent is desire d,,. the Local
Government shall subm it a request. Mileage shall be reimburs ed in accordance with the
current GSA mileage rate.
Special Notifir;:ations
The Loca l Government shall notify the Federal Government of any activity by a Federal
detain ee which would llkely result in litig atio n or alleged criminal activity.
The Local Government shall im medi ately notify the Federal Government of an escap e of
a Federal detainee-. The Local Gove rnment shall use all reasonable means to appreh end
the escaped Federal detainee and all reasonable costs In connection therewi th shall be
borne by the Lo cal Government. The Federal Government shall have primary
responsibility an d authority to direct the pursui t an d capture of such escaped Federa l
detainees. Addi tionally, the Local Government shall notify the Federql Government as
soon as possible when a Fed eral detainee Is involved in an attempted escape or
conspiracy to escape from the Facility.
Ih the event of the death or assault or a medical emerg ency of a Federal detainee, the
Local Government shall immediately notify t~e Federal G0vernment.
Special Management Inmates and Suicide Prevention
The Local Government shall hc1,ve written pollcy, procedure, and practice require that all
special management Inmates are personally observed by a corre ctlor,a l offlcet' twice per
how·, but no more than 40 minutes apart, on an Irregular schedule . Inmates who are
violent or mentally disordered ot who demonstrate unusu.al or bizarre behavior receive
more frequent observation; suicidal inmates are under constant observation.
The Local Governm ent shall have a compreh ensive sulelde-preventlon program In pl ace
Incorporating all aspects of Identification, asse ssment, evalu atlo11 1 treatment, preven tive
intervention, and annual training of all medi~al, mental health, and correctional staff ..
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Local Government (Initial): o;)
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Agreement Numbe r 85 ~10 ~0004
Prisoner Rape Elimination Act (PREA)
The Facili t y must post the Pr ison er Rape Ellml natlon Act b r ochure/bul letin rn each
housing unit of the Facili ty. The Facili ty must abide by all relevant PREA reg ulations.
Service Contract Act
This Agreemen t 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 electronlcally at this address:
http://www.dol.!;Jov /oasam/tegs/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
(Multlyear -and Option Contracts) (May 198 9)
The current Local Government wage rates shall be the prevailing wages unless no t ified
by the Federal Government.
If the Department of Labor Wage Determination block #13b on page one (1) of this
Agreement is checked, the Local Govern men t agrees, In acc0rd ance with FAR PART
52.2 22.43 '(-f), must n9tify the Fed eral Gove rn ment of ~ny Inc re ase or decrea se in
appli cable wages an.d fringe l:>enefit s cla lmed u nder th is clause. w ithi n 30 days after
rece ivi ng a new wage determ1na'tion.
l>er-Diem Rate
The Federc~I Gov ernment wlll use varl.o us p rice analysis t echni qu,es and proc edures to
ensl,.lre the per-dlem rate estab lished by this Agreeme nt Is co nsidered a fair and
reasonab le price . Exa mp·les of such t echn iques Include, but are not llmtted to, the
follow i ng:
1. Compa rison of the req uested per-diem rate wi t h the Independent Federa l
Govern ment estimate for detention se rvices, otherwise known as the Core Rate;
2. Comparison with per-diem rates at other state or local facilities of similar size
and economic conditions;
3. Compariso n of p reviously proposed prices and previous Federal Gove rnment and
com_mercia l contract prices with cur m nt proposed prices for the sam e or similar
Items;
Page 9 of 14 . ,( Loca l Gov ernment (Initial)~
Fe dera l Government (Initial): . ,· e
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Agreement Number 85-10-0004
4. Evaluation of the provided jail operating expense information;
The firm-fi,xed per-di'em rate for services 1s stlpulated In block #12 on page (1) of this
agreement, and shall not be subject to adjustment on the basis of KITTITAS COUNTY
CORRECTIONS CENTER 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
thirty-six (36) 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 thirty-six (36) months, if a per-diem rate adjustment Is desired, the Local
Government shall submit a request through the Office of the Federal Detention Trusteers
(OFDT) electronic Intergovernmental Agreements (eIGA) area of the Detention Services
Network (DSNetwork). All information pertaining to the Facility on the DSNetwork will
be required before a new per-diem rate wlll be considered.
Bllllng and Financial Provisions
The Local Government shall prepare and submit for certification and payment, original
ahd separc1te invoices each month to e_ach Federal Government component responsible
for Federal detainees housed at the Facility.
Addresses for the components are:
United States Marshals Service
Eastern District of Washington
200 Thomas S, Foley u.s. Courthouse
920 w. Riverside Ave.
Spokane, WA 99201
(509) 368-3600
To constitute a proper monthly Invoice, the name and address of the Facility, the name
of each Federal detainee., their specific dates of c0 hfihenient, the total days to be paid,
the appropriate per diem rate as approved in the Agreement, and the total a.mount billed
(total days multiplied by the per-diem rate per day) shall be listed, along with the name,
title, complete adc;:fress, and telephene number of the Local Government official
r.esponsible for lhvoice preparation. Additional services provided, such as transportation
and guard services, shall be listed separately and itemized,
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. 1341.
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Local "Government (Initial): L r\
Fede1·nl Government (initial): ~ i'
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Payment Procedures
The Federal Government will ma k e payments to the Local Government at the address
li sted in blo ck #6 on page one (1) of this Agreemen t , on a monthly basis, promptly,
after rec eipt of an appropriate invoice.
Hold Harmless
It is understood and ag reed that the Local Govern ment shc1ll fully defend, lhdemnffy, and
hold harmless the Un ited States of America , its officers, employee_s, agents, and
servants, individually and officia lly, for any an d all llabll!ty ceiused by a ,w act of any
member of the Local Government or ahyot1e. else arising ,out of th·e use, operation , or
handling of any property (to Include any vehicle, equipment, and supplies) fwrnlshed to
the Local Government In w hich legal ownershrp Is. retained by the United States of
America, and to pay all clai ms, damages, jud_gments 1 legal costs,. adjuster f~es, and
attorney fees related thereto. The. Local Government will be s0 lely res ponsible for cill
maintenance, storage, and ot her expenses re lated to the care and responsibility for atl
property furnished to the Local Government.
Disputes
Disputes, questions, or concerns pertain.Ing to this Agreement will be resolved between
appropriate officials of each party. Both the parties agree that they w'III use their best
efforts to reso lve the dispute In an Informa l fashion through consu ltatloh and
communication, or other forh1s of non-b i nding alternative dispute resolution mutually
acceptable to the parties .
Inspection of Services
Inspection star.idards fot detalne_es may dlffer among authorized agency users~ The
Local Govern ment agrees to allow peri odic Inspections by Feclera l Go vernment
inspectors, to I nc l ude approved Federal contractors, In accordance with the Core
Detention Standards requ i red by ahy or all of the Federal authorized .c1gency users
who:se detainees may be housed pursua nt to this Agreement Findings of the
Inspections will be shared with the Faclllty administrator In order to promote
Improvements to Faclllty operations, cond i tions of confinement, and levels of serv ices .
Modifications
For all modifications except for fu l l or partial termin ations, either party may Initiate a
request for modification to this Agreement In wr iling . All mod ifica tions negotiated will
be effectiv e only upon written approval of both parties .
Page 11 of 14
Loca l Governm ent {ln l tlaJ j;~~
Fe de1·a l Governm ent (Initial): ~
! '
Agreement Number 85-10-0004
Litigation
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The Federa l Gov ernment shall be notified, in writing, of all litigation pertaining to this ·.ii
Agree m ent and pro vi ded copies of any pleadings filed or said litigation within five (5)
work i ng da ys of the flll.ng,. I
I The Local Government shall cooperate with the Federal Government legal staff and/or i
the Uni ted States Attorney regarding any requests pertaining to Federal Government or ,:
Local Gov ernment litigation.
Page 12 of 14
Local Gove rnm e nt (initial):~
Federal Gov0 1·n me nt (Initial): ~,
. '
Agreement Number 85-10-0004
Rape Elimination Act Reporting Information
SEXUAL ASSAULT AWARENESS
Th:19 document is teCJ_L,ested to be postc<l h1 enc_b Houau1g Unit Bullttin Bentd at all Coutrnct Dete11tio11 Facilities. This
clo cmnen~ Jn,ny be used nud ndnpted bi• Iutcrgovou11.me11tnl SCJ.vkcAgi:ee11,1cnt Pro:v.1den,
While detain~c1 by the De1>nrtmeut ofJt1stice 1 Uultecl St~c_es Ma J:shals Sei-vice, you have a right to be safe and free fcotn sexual
h1U.11~s.tntmt 1mcl sexgnl nssnults. ·
Definitions
t,... DemlMe~on-Detiliuee Sexual Abuse /A11a nult
Ot:ic or mote d~bR1.11.ees (!Ugagfogin ot attempting to engnge i.J1 a sexual net wlt h ano thrJ' deta itlee or th~ use of threats,
iutlmidation, i.lH1.pp coptlal-e touc hing or other nctio ns .8.lld/oc com:tnu·n.icatio 11s by 01J e 01' more detninee~ aitned at
coercing arul /;or pressul:lhg 1111otlie.1: de®neC ro engnge ill 8 se:rulllnct.
B. Staff"on .. Dctni ne e Sexua!Ahuae/Assantt
Staff member. en&1glng in, oi: itttcttll)tlng l'o ebgnge in o sexunl act with MY dcmhi:cc oi.: the fo,tenclonal ttiuchio,g of n
cletaioec1s g-enlhtlia, anus1 gi:oin, I rea1;t1 inner l:high, or buttocks with the Jmcnt to abuse, humiliate, hiu:ass , de.grade, arouse .,
o~· g.rnt.lfy tb.e sc.J->t,111 desires of 11ny person, SexunJ ob use/ assau1t of detai.t1ee.s by slnff oJ: othe.t' detainees Is iin
lnQpprop~iate ll Se o f pow« and: fa pt0hlbite.d by D OJ policy nn <i the .b\w .
C. Staff Sexual Misconduct l's:
Sexual behavioi-between a staff member n11d detainee which can iuch.,de, but is 11ot limlted to indec~nt, profane o.r abusive
language 01: gestUJ:es an-cl inappwpriate visual stu-veillance of deta inees.
Prohibited Acts
A detainee, who ~gag~ in in ~ppropciate sexunl b.e.lmi:io.r with o.t dfrects it at others, can be chai:ged with tile following
Prohl<ed Acrn un de i: the De tl1h10c DisciJ?li:na.cy Polic)', --
• Using Abusive or Obscene Language
• Sexual Assault
• Maldng a Sexual Proposal
• IndeceJlt Exposure
• Engaging in Sex Act
Detention as n. Safe Environme.nt
While you ate de tnlne d, no o.u.e b~s the right to f..r"<:ss w:e you to engag e 111 serual acts o.t cug11g e in uuw:m ted s.~x1.1al behavior
rega±dless of yo\lt nge, size, .cnce, ox ~thuldty. R.cgru:cl lc~ij of your sex ual o.dent11tio11, you have the rigllt tO be !frtfe froth
uuwanted se:irnal ndv21 nce s 11nd.a-0ts, '
Confi d e ntiality ; • ,;
Infoi:1nation c00-ccml11g the ldcnrlty of a detainee vlc tim 1·cpo1tihg n 11exunl ·assnult, a11d thefllcts of the xepo,i:t ltself,.ihnll be
lii;nited to th ose ,vho have the need to know in ordei: to mnke decisions concerning the del'lllnce-v.ictiin 1a wclfaec at)d'fo r law
e11forceme11t i11vestigatlve purposes, ; } --....
RepottAU Assaults! :
If you become a vlcthn of a sexun1 rum ult, you s.hould J:tll)Cll;t lt im.tnedfate1y to nny staff pel-.~Ol\ yon trust., to ltclude bouslng
office,:s, cl111plnlns, m.edic.111 stnff, supc .rvlsors or Deputy U '.S, MushAlll, $Wf members keep the rcpotti?d info1'.0lndo11
confldenilii.l nod only clJ.scuss lt wlth the al,>{>n optlate-officinls on 11 need ro .know. baais, If y~m ntc not co1u.fomblc repo,dng the
assault to st~ff, you hnve .otbce options1 ·
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Page 13 of 14
Local Government (lnitlal)~,L _
Federal Government (Initial):~
Agreement Number 85-10-0004
• Write n le ttei: ~eporUll\g Che t1exui1l misconduct to the person in chnrge or the Uu.ited States Marshal. To ensure
confldentia.l.ity, t1N0 special (Legal) mail procedures,
e Pile an Emergency Dcminc.e Grieva11cc -If you dc cldc your c:ptnj)laint is too ~ensltlve to file with the O Jificcr in Chntge ,
yo\1 cnJJ file youl' G1·ie,•n1ict: ctiteCtl)• wltb the Field Offi ce Diteetm:. Yo u cu1}.ge the for1ns fr on:l your bo,1siug unit otticet,
or a Facility supervisor.
• Write to the Office of fosp cctor Gene.c11I (O IG), which iu.veRcigates allega.tiona o f stnff 1,nlmmducl!. Tbe addccss is: Office
of fospector Ge.uc.L'al, tr,s , Dcpartmc.ilt ofJTistice, 950 Pcnusylvnl,llll Ave. Room 47 06, Wruiltl11gtou:, D'C. 20530
• Call, ,it 110 exp,~nse to you, the Office oflnspector Gene.ral (OIG). The phone 11u111ber is 1-800-869-4499 .
Individuals who sexually abuse 01· assault detainees can ot1ly be disciplined oi: pt'osecuted if the abuse is t·eported.
A p\1blicntlon of the Office of the
Federal Detentio11 Ttustee
Washitlgton, DC
Published Feb.turu:y 2008
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Page 14 of 14
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Local Government (lnltlal):C~, .
Federal Government (initial): ~