Loading...
HomeMy WebLinkAboutSH10-003 - US Marshals Service 10-003 - ORIGINAL CONTRACTKittitas County Review Form Grants &Contract Agreement Today's Date Agenda Date February 3,2010 g February 16,2010 Fund/Department 30/5heriff Contract/Grant Information Contract/GrantAgency Detention Services Intergovernmental Agreement between U.S.Marshals Services and Kittitas County (#10-003) Period Begin Date upon signature Period End Date until term by either party Total Grant/Contract Amount Grant/Contract Number (Agreement #85-10-0004) Contract/Grant Summary:The Federal Government and the Local Government establish this Agreement that allows the US Marshals Service to house federal detainees with the Local Government at the Kittitas County Sheriff's office (hereinafter referred to as "the facility"). Financial Information Total Amount $State Funds $Federal Funds $ i Percentage County Funds Matching Funds $CFDA# in-Kind $ Explain is Equipment being purchased?Who owns equipment? New Personnel being hired?Contact HR hiring--reporting requirements Future impacts or liability to Kittitas County: Budget Information Budget Amendment Needed?Yes attach budget form No O Why not New Division created? Revenue Code Grant/Contract Review Page 1 Pass Through information Agency to Pass Through Amount to Pass Through $ Sub-Contract Approved Date: Prosecutor Review Has the Prosecutor reviewed this agreement?Yes O No County Departments Impacted Auditor Facilities Maintenance Information Services Human Resource Prosecutor Treasurer submitted 5]gnature: __ Date:02/08/2010 Department:Sheriff Assignment of Tracking Information Auditor's Office Human Resource Prosecutor's Office b Who signed the grant application Reviewer Date Grant/Contract Review Page 2 Kittitas CountySheriff Agenda Staff Report AGENDA DATE: 2/16/2010 ACTION REQUESTED: Request to Approve the Detention Services Intergovennnental Agreement between U.S.Marshals Services and Kittitas County. BACKGROUND: The Federal Government and the Local Government establish this Agreement that allows the U.S.Marshals Service to house federal detainees with the Local Govermnent at the Kittitas County Sheriff's OfEce (hereinafter referred to as "the facility"), INTERACTION: The Kittitas County Prosecutor's Office has reviewed and approved. RECOMMENDATION: Request to Approve the Detention Services Intergovernmental Agreement between U.S.Marshals Services and Kittitas County. HANDLING: No handling. LEAD STAFF: Paula Hootor Kil IIIABUUUFilT @l•II:MIPP U.S.Department of 'Iustice Detention ServicesUnitedStatesMarshalsServiceIntergovernmental Agreement 1.Agreement Number 2.Effective Date 3.Facility Code(s)4.DUNS Number 85-10-0004 See Block 19 OBU 01-020-2547 5.Issuing Federal Agency 6.Local Government United States Marshals Service Kittitas County Prisoner Operations Division 205 W 5th Avenue Suite 1/Jall 2604 Jefferson Davis Hwy Ellensburg,WA 98926 Alexandria,VA 22301 Tax ID#:91-6001349 7.Appropriation Data 8.Local Contact Person Paula Hoctor,Commander 15X1020 9.Tel:(509)962-7619 Email:paula.hoctor©co.kittitas.wa.us Servicese i!mated Nµmb of Per-Diem Rate Federal Bedi 10.This agreement is for the housing,11.12. safekeeping,and subsistence of federal prisoners,in accordance with content set Male:10 $60.00 forth herein. 13.Optional Guard/Transportation Services to:14. O Medical Facility Guard/Transportation Hourly Rate:$N/A Mileage shall be reimbursed by the Federal Government at the GSAOU.S.Courthouse 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 Gene Dana or Agency will comply wíth all provisions set Print Nameforthherein. Sheriff ¿/py Title Date 17.Prisoner and 18.Other Authorized 19.Signature of Person Authorized to Sign (Federal) Detainee Type Agency User Authorized X Adult Male O BOP Signa fé O Adult Female O ICE Mary Horsey Print Name O Juvenile Male Grants Specialist MAR ~2 2Û1Ü O Juvenile Female Title Date I Page 1 of 11 Agreement Number 85-10-0004 Authority ....................................................................................3 Purpose of Agreement and Security Provided ..................................3 Period of Performance..................................................................3 Assignment and Outsourcing of Jall Operations................................4 Medical Services..........................................................................4 Receiving and Discharge of Federal Detainees .................................5 Optional Guard/Transportation Services to Medical Facility................6OptionalGuard/Transportation Services to U.S.Courthouse..............6 Special Notifications.....................................................................7 Prisoner Rape Elimination Act (PREA).............................................7 Service Contract Act ....................................................................7 Per-Diem Rate.............................................................................8 Billing and Financial Provisions ......................................................8 Payment Procedures ....................................................................9ModificationsandDisputes............................................................9 Inspection of Services ..................................................................9Litigation....................................................................................9 Prisoner Rape Elimination Act Reporting Information ......................11 Page 2 of 11 Agreement Number 85-10-0004 Authority 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 States Marshals Service (hereinafter referred to as the "Federal Government")andKittitasCounty(hereinafter referred to as the "Local Government"),who hereby agree as follows: Purpose of Agreement and Security Provided The Federal Government and the Local Government establish this Agreement that allows the United States Marshals Service (USMS)to house federal detainees with the Local Government at the Kittitas County Sheriff's Office (hereinafter referred to as "thefacility"). The population (hereinafter referred to as "federal detainees")will include individuals charged with federal offenses and detained while awaiting trial,individuals who have been sentenced and are awaiting designation and transport to a Bureau of Prisons (BOP)facility,and individuals who are awaiting a hearing on their immigration status or deportation. The Local Government shall accept and provide for the secure custody,safekeeping,housing,subsistence and care of federal detainees in accordance with all state and local laws,standards,regulations,policies and court orders applicable to the operation of the facility.Detainees shall also be housed in a manner that is consistent with federal law and the Federal Performance-Based Detention Standards. The USMS ensures the secure custody,care,and safekeeping of USMS detainees. Accordingly,all housing or work assignments,and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreational/exercise areas. At all times,the Federal Government shall have access to the facility and to the federal detainees housed there,and to all records pertaining to this Agreement,including financial records,for a period going back three (3)years from the date of request by the Federal Government. Period of Performance This Agreement is effective upon the date of signature of both parties,and remains in effect unless terminated by either party with written notice.The Local Government shall provide no less than thirty (30)calendar days notice of their intent to terminate.WheretheLocalGovernmenthasreceivedaCooperativeAgreementProgram(CAP)award,theterminationprovisionsoftheCAPprevail. Page3of11 Agreement Number 85-10-0004 Assignment and Outsourcing of Jail Operations Overall management and operation of the facility housing federal detainees may not be contracted out without the prior express written consent of the Federal Government. Medical Services The Local Government shall provide federal detainees with the full range of medical careinsidethedetentionfacility.The level of care inside the facility should be the same as that provided to state and local detainees.The Local Government is financially responsible for all medical care provided inside the facility to federal detainees.This includes the cost of all medical,dental,and mental health care as well as the cost of medical supplies,over the counter 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 dialysis is provided within the facility,the Federal Government wi!I pay for the cost of that service. The Federal Government is financially responsible for all medical care provided outside the facility to federal detainees.The Federal Government must be billed directly by the medical 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 Medicare and Medicaid (CMS)Forms in order to be re-priced at Medicare rates in accordance with Title 18,USC Section 4006.The Local Government is required to immediately forward all medical claims for federal detainees to the Federal Government for processing. All outside medical care provided to federal detainees must be pre-approved by the Federal Government.In the event of an emergency,the Local Government shall proceed immediately with necessary medical treatment.In such an event,the Local Government shall notify the Federal Government immediately regarding the nature of the federal detainees illness or injury as well as the types of treatment provided. Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS,Publication 100-Prisoner Health Care Standards (www.usmarshals.qov/prisoner/standards.htm)and in compliance with USMS Inspection Guidelines,Form USM-218 Detention Facility Investigative Report.The Local Government is responsible for all associated medical recordkeeping. The facility shall have in place an adequate infectious disease control program which includes testing of all federal detainees for Tuberculosis (TB)as soon as possible after intake (not to e×ceed 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 Control (CDC)Guidelines and the result promptly documented in the federal detainee=s Page 4 of 11 Agreement Number 85-10-0004 medical record.Special requests for expedited TB testing and clearance (to include time-sensitive moves)will be accomplished through advance coordination by the Federal Government and Local Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active TB or any other highly communicable disease such as Severe Acute Respiratory Syndrome (SARS),Avian Flu,Methicillin-Resistant Staphylococcus Aureus (MRSA),Chicken Pox,etc.,which might affect scheduled transports or productions so that protective measures can be taken by the Federal Government. When a federal detainee is being transferred and/or released from the facility,all unused prescription medication will go with the prisoner to the next facility.When possible, generic medications should be prescribed.Medical records must travel with the federal detainee.If the records are maintained at a medical contractor's facility,it is the Local Government's responsibility to obtain them before a federal detainee is moved. Federal detainees may be charged a medical co-payment by the Local Government in accordance with the provisions of Title 18,USC Section 4013(d).The Federal Government is not responsible for medical co-payments and cannot be billed for these costs even for indigent federal prisoners. Receiving and Discharge of Federal Detainees The Local Government agrees to accept federal detainees only upon presentation by a law enforcement officer of the Federal Government with proper agency credentials. The Local Government shall not relocate a federal detainee from one facility under its control to another facility not described in this Agreement without permission of the Federal Government. The Local Government agrees to release federal detainees only to law enforcement officers of the Federal Government agency initially committing the federal detainee (i.e., Drug Enforcement Administration,Immigration and Customs Enforcement,etc.)or to a Deputy United States Marshal (DUSM).Those federal detainees who are remanded to custody by a DUSM may only be released to a DUSM or an agent specified by the DUSM of the Judicial District. USMS federal detainees sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the district United States Marshal (USM). Page 5 of 11 Agreement Number 85-10-0004 Optional Guard/Transportation Services to Medical Facility If Medical Facility in block 13 on page one (1)of this Agreement is checked,the Local Government agrees,subject to the availability of its personnel,to provide transportation and escort guard services for federal detainees housed at their facility to and from a medical facility for outpatient care,and transportation and stationary guard services for federal detainees admitted to a medical facility. These services should be performed by at least two (2)armed qualified law enforcement or correctional officer personnel.If the Local Government is unable to meet this requirement,the Local Government may seek a waiver of this requirement from the local USM. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirement for security,prisoner monitoring,visitation,and contraband control. If an hourly rate for these services has been agreed upon to reimburse the Local Government,it will be stipulated on page one (1)of this Agreement.Mileage shall be reimbursed in accordance 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 provide transportation and escort guard services for federal detainees housed at its facility to and from the U.S. Courthouse. These services should be performed by at least two (2)armed qualified law enforcement or correctional officer personnel.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 Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security,detainee monitoring,and contraband control. Upon arrival at the courthouse,the Local Government's transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport federal detainees to any U.S.Courthouse without a specific request from the USM who will provide the detainee=s name,the U.S. Courthouse,and the date the detainee is to be transported. Each detainee will be restrained in handcuffs,waist chains,and leg irons during transportation. Page 6 of 11 Agreement Number 85-10-0004 If an hourly rate for these services has been agreed upon to reimburse the Local Government,it will be stipulated on page one (1)of this Agreement.Mileage shall be reimbursed in accordance with the current GSA mileage rate. Special Notifications The Local Government shall notify the Federal Government of any activity by a federal detainee which would likely result in litigation or alleged criminal activity. The Local Government shall immediately notify the Federal Government of an escape of a federal detainee.The Local Government shall use all reasonable means to apprehend the escaped federal detainee and all reasonable costs in connection therewith shall be borne by the Local Government.The Federal Government shall have primary responsibility and authority to direct the pursuit and capture of such escaped federal detainees.Additionally,the Local Government shall notify the Federal Government as soon as possible when a federal detainee is involved in an attempted escape or conspiracy to escape from the facility. In the event of the death or assault of a federal detainee,the Local Government shall immediately notify the Federal Government. Prisoner Rape Elimination Act (PREA) The facility is requested to post the Prisoner Rape Elimination Act brochure/bulletîn 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) Service Contract Act This Agreement incorporates the following clause by reference,with the same force and effect as if it was given in full text.Upon request,the full text will be made available. The full text of this provision may be accessed electronically at this address: www.arnet.qov. Federal Acquisition Regulation Clause(s): 52.222-41 Service Contract Act of 1965,as Amended (July 2005) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.222-43 Fair Labor Standards Act and the Service Contract Act -Price Adjustment (Multiyear and Option Contracts)(May 1989) The current Local Government wage rates shall be the prevailing wages unless notified by the Federal Government. Page 7 of 11 Agreement Number 85-10-0004 Per-Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-diem rate established by this Agreement is considered a fair and reasonable price.Examples of such techniques include,but are not limited to,the following: 1.Comparison of the requested per-diem rate with the independent government estimate for detention services,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.Comparison of previously proposed prices and previous Federal Government and commercial contract prices with current proposed prices for the same or similar items; 4.Evaluation of the provided jail operating expense information; The firm-fixed per-diem rate for services is $60.00,and shall not be subject to adjustment on the basis of Kittitas County actual cost experience in providing the service.The per-diem rate shall be fixed for a period from the effective date oftheAgreementforwardforthirty-six (36)months.The per-diem rate covers the support of one (1)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 rate adjustment is desired,the Local Government shall submit a request through the Electronic Intergovernmental Agreements area of the Detention Services Network (DSNetwork).All information pertaining to the jail on the DSNetwork will be required before a new per-diem rate can be considered. Billing and Financial Provisions The Local Government shall prepare and submit for certification and payment,original and separate invoices each month to each Federal Government component responsible for federal detainees housed at the facility. Addresses for the components are: United States Marshals Service Eastern District of Washington 888 Thomas S.Foley U.S.Courthouse 920 W.Riverside Ave. Spokane,WA 99201 (509)353-2781 Page 8 of 11 Agreement Number 85-10-0004 To constitute a proper monthly invoice,the name and address of the facility,the name of each federal detainee,their specific dates of confinement,the total days to be paid, the appropriate per-diem rate as approved in the Agreement,and the total amount billed (total days multiplied by the per-diem rate per day)shall be listed,along with the name,title,complete address and telephone number of the Local Government official responsible for invoice preparation. 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. Payment Procedures The Federal Government will make payments to the Local Government on a monthly basis,promptly after receipt of an appropriate invoice.The Local Government shall provide a remittance address below: Kittitas County 205 W.5th Avenue Sdk 1/JaH E11ensburg,WA 98926 Modifications and Disputes Either party may initiate a request for modification to this Agreement in writing.All modifications negotiated will be effective only upon written approval of both parties. Disputes,questions,or concerns pertaining to this Agreement will be resolved between appropriate officials of each party.Both parties agree they will use their best efforts to resolve the dispute in an informal fashion through consultation and communication,or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. Inspection of Services The Local Government agrees to allow periodic inspections of the facility by Federal Government inspectors.Findings of the inspection will be shared with the facility administrator to promote improvements to facility operations,conditions of confinement, and levels of services. Litigation The Federal Government shall be notified,in writing,of all litigation pertaining to this Agreement and be provided copies of any pleadings filed or said litigation within five (5) working days of the filing. Page 9 of 11 Agreement Number 85-10-0004 The Local Government shall cooperate with the Federal Government legal staff and/or the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. Page 10 of 11 PrisonerRapeEliminationActC.StaffSexualMisconductis:medicalstaff,supervisorsorDeputyU.S.ReportinqInformationSexualbehaviorbetweenastaffmemberandMarshals.Staffmemberskeepthereporteddetaineewhichcaninclude,butisnotlimitedtoinformationconfidentialandonlydiscussitwithSEXUALASSAULTAWARENESSindecent,profaneorabusivelanguageortheappropriateofEcialsonaneedtoknowbasis.ThisdocumentisrequestedtobepostedineachgesturesandinappropriatevisualsurveillanceofIfyouarenotcomfortablereportingtheassaulttoHousingUnitBulletinBoardatallContractdetainees,staff,youhaveotheroptions:DetentionFacilities.Thisdocumentmaybeused•WritealetterreportingthesexualmisconductandadaptedbyIntergovernmentalServiceProhibitedActstothepersoninchargeortheUnitedStatesAgreementProviders.Adetainee,whoengagesininappropriatesexualMarshal.Toensureconfidentiality,usespecialWhiledetainedbytheDepartmentofJustice,behaviorwithordirectsitatothers,canbe(Legal)mailprocedures.UnitedStatesMarshalsService,youhavearighttochargedwiththefollowingProhibitedActsunder•FileanEmergencyDetaineeGrievance-IfbesafeandfreefromsexualharassmentandtheDetaineeDisciplinaryPolicy-youdecideyourcomplaintistoosensitivetosexualassaults.filewiththeOfficetinCharge,youcanfile•UsingAbusiveorObsceneLanguageyourGrievancedirectlywiththeFieldOfficeDefinitions•SexualAssaultDirector.Youcangettheformsfromyour•MakingaSexualProposalhousingunitofficer,orafacilitysupervisor.A.Detainee-on-DetaineeSexual•IndecentExposure•WritetotheOfficeofInspectorGeneralAbuse/Assault•EngaginginSexAct(OIG),whichinvestigatesallegationsofstaffOneormoredetaineesengaginginormisconduct.Theaddressis:OfficeofattemptingtoengageinasexualactwithDetentionasaSafeEnvironinentInspectorGeneral,U.S.Departmentofanotherdetaineeortheuseofthreats,Whileyouaredetained,noonehastherighttoJustice,950PennsylvaniaAve.Room4706,intimidation,inappropriatetouchingorWashington,DC.20530pressureyoutoengageinsexualactsorengageinotheractionsand/orcorununicationsbyoneunwantedsexualbehaviorregardlessofyourage,•Call,atnoexpensetoyou,theOfficeoformoredetaineesaimedatcoercingand/orsize,race,orethnicity.RegardlessofyoursexualInspectorGeneral(OIG).Thephonenumberpressuringanotherdetaineetoengagemaorientation,youhavetherighttobesafefromis1-800-869-4499.sexualactunwantedsexualadvancesandacts.IndividualswhosexuallyabuseorassaultB.Staff-on-DetaineeSexualAbuse/AssaultConfidentialitydetaineescanonlybedisciplinedorStaffmemberengagingin,orattempúngtoInformationconcerningtheidentityofadetaineeprosecutediftheabuseisreported.engageinasexualactwithanydetaineeorthe..vicúmreporúngasexualassault,andthefactsofmtentionaltouclungofadetainee'sgenitalia'.thereportitself,shallbelimitedtothosewhoApublicationoftheOfficeoftheanus,groin,breast,innerthigh,orbuttockswith--FederalDetentionTrusteehavetheneedtoknowinordertomakedecisionstheintenttoabuse,humiliate,harass,degradeWashington,DC°"Eif"'concerningthedetainee-victim'swelfareandfor---..6•-•=.«arouse,orm·atifythesexualdesiresofanylawenforcernentinvestigativepurposes.person.Sexualabuse/assaultofdetaineesbystafforotherdetaineesisanReportAllAssaults!PublishedFebruary2008inappropriateuseofpowerandisIfyoubecomeavictimofasexualassault,youprohibitedbyDOJpolicyandthelaw.shouldreportitimmediatelytoanystaffpersonyoutrust,toincludehousingofficers,chaplains,Page11of11