U. s. Department of Justice United States Marshals Service 2. Effective Date See Block 19 1. Agreement Number 1 1-09-0034 Detention Services Intergovernmental Agreement 3. Facility Code(s) 4. DUNS Number 00-766-9216 5. Issuing Federal Agency United States Marshals Service Prisoner Operations Division Of?ce of Interagency Agreements Washington, DC 20530-1000 6. Local Government Contra Costa County West County Detention Facility 5555 Giant Highway Richmond, CA 94806 Tax 94-6000509 7. Appropriation Data 8. Local Contact Person Supervising Accountant El US. Courthouse 15X1020 9. Ten . Email: Services W'm cl Ferment Rate 10. This agreement is for the housing, 11. 12. safekeeping, and subsistence of federal Adult Male: 50 prisoners, in accordance with content set $82.00 forth herein. Adult Female: 25 13. Optional Guard/Transportation Services to: 14. a Medical Facility Guard/Transportation Hourly Rate: Mileage shall be reimbursed by the Federal Government at the GSA Federal Travel Regulation Mileage Rate. I 15. Local Government Certi?cation To the best of my knowledge and belief, information submitted in support of this agreement is true and correct, this document has been duly authorized by the body governing the Department or Agency and the Department or Agency will comply with all provisions set forth herein. 16. Signature of Person Authorized to Sign (Local) SI Joseph Caruso Print Name Commander 1,099 Title 'Bat? 17.Prisoner and 18. Other Authorized 19. Signature of Person Authorized to Sign (Federal) Detainee Type Agency User Authorized 8 Adult Male [3 mp '9 at 8 Adult Female ICE Mary Horsey Juvenile Male Print Name 2 1 SEP El Juvenile Female Grants Specialist 2009 Title Date I Page 1 of 11 MARCH 2015 ICE 2012030300029162 Agreement Number 11-09-0034 Authority .. 3 Purpose of Agreement and Security Provided .. 3 Period of Performance .. 3 Assignment and Outsourcing of Jail Operations .. 4 Medical Services .. 4 Receiving and Discharge of Federal Detainees .. 5 Optional Guard/Transportation Services to Medical Facility .. 6 Optional Guard/Transportation Services to US. Courthouse .. 6 Special Noti?cations .. 7 Prisoner Rape Elimination Act (PREA) .. 7 Service Contract Act .. 7 Per-Diem Rate .. 8 Billing and Financial Provisions .. 8 Payment Procedures .. 9 Modi?cations and Disputes .. 9 Inspection of Services .. 9 Litigation .. 9 Prisoner Rape Elimination Act Reporting Information .. 11 Page 2 of 11 MARCH 2015 ICE 2012030300029163 M. Agreement Number 11-09-0034 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?) and Contra Costa County (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 West County Detention Center (hereinafter referred to as ?the facility?). 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 one?hundred twenty (120) calendar days notice of their intent to terminate. Where the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Page 3 of 11 MARCH 2015 ICE 2012030300029164 M. Agreement Number 11-09-0034 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 care inside the detention facility. The level of care inside the facility should be the same as that provided to state and local detainees. The Local Government is ?nancially 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 will pay for the cost of that service. The Federal Government is ?nancially 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 detainee's illness or injury as well as the types of treatment provided. Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication loo-Prisoner Health Care Standards and in compliance with USMS Inspection Guidelines, Form USN-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 exceed 14 days). When Puri?ed 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 documented in the federal detainee?s Page 4 of 11 MARCH 2015 ICE 2012030300029165 Agreement Number 11-09-0034 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 (SARS), Avian Flu, 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, they will be provided with seven (7) days of prescription medication which will be dispensed from the 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 of?cer 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 of?cers of the Federal Government agency initially committing the federal detainee 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 speci?ed 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 MARCH 2015 ICE 2012030300029166 if? an Agreement Number 11-09-0034 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 quali?ed law enforcement or correctional of?cer personnel. If the oca overnmen 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 speci?c 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 quali?ed law enforcement or correctional of?cer personnel. If the ca overnment 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 speci?c requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Govemment?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 speci?c 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 MARCH 2015 ICE 2012030300029167 Agreement Number 11-09-0034 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/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) 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: 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 MARCH 2015 ICE 2012030300029168 Agreement Number 11-09-0034 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 ?rm-?xed per-diem rate for services is $82.00, and shall not be subject to adjustment on the basis of Contra Costa County actual cost experience in providing the service. The per-diem rate shall be ?xed for a period from the effective date of the Agreement forward for thirty-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-dlem rate can be considered. Billing and Financial Provisions The Local Government shall prepare and submit for certi?cation 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 Northern District of California U.S. Courthouse] Philip Burton Bldg. 450 Golden Gate Avenue, Room 20-6888 San Francisco, CA 94102 (415) 436-7677 Page 8 of 11 MARCH 2015 ICE 2012030300029169 Agreement Number 11-09-0034 To constitute a proper invoice, the name and address of the facility, the name of each federal detainee, their speci?c dates of con?nement, 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 of?cial 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-De?ciency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government on a basis, after receipt of an appropriate invoice. The Local Government shall provide a remittance address below: Contra Costa County 5555 Giant Highway Richmond, CA 94806 Modifications and Disputes Either party may initiate a request for modi?cation to this Agreement in writing. All modi?cations negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate of?cials 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 ?led or said litigation within ?ve (5) working days of the ?ling. Page 9 of 11 MARCH 2015 ICE 2012030300029170 Agreement Number 11-09-0034 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 MARCH 2015 ICE 2012030300029171 Museum mm This document is requested to be posted in each Housing Unit Bulletin Board at all Contract Detention Facilities. This document may be used and adapted by Intergovernmental Service Agreement Providers. \Vhile detained by the Department ofjusticc, United States Marshals Service, you have a right to be safe and free from sexual harassment and sexual assaults. Re?ux-z ED.-D.SCI One or more detainees engaging in or attempting to engage in a sexual act with another detainee or the use of threats, intimidation, inappropriate touching or other actions and/or communications by one or more detainees aimed at coercing and/ or pressuring mother detainee to engage in a sexual act. - n- in as Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching of a dctainee?s genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desires of any person. Sexual abuse/ assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by policy and the law. MARCH 2015 ICE 2012030300029172 . at? I Miseo no Sexual behavior between a staff member and detainee which can include, but is not limited to indecent, profane or abusive language or gestures and inappropriate visual surveillance of detainees. 232M A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged with the following Prohibited Acts under the Detainee Disciplinary Policy. Using Abusive or Obscene Language Sexual Assault Making a Sexual Proposal Indecent Exposure Engaging in Sex Act en '0 nv' While you are detained, no one has the right to pressure you to engage in sexual acts or engage in unwanted sexual behavior regardless of your age, size, race, or ethnicity. Regardless of your sexual orientation, you have the right to be safe from unwanted sexual advances and sets. can?Memes: Information concerning the identity of a detainee victim reporting a sexual assault, and the facts of the report itself, shall be limited to those who have the need to know in order to make decisions concerning the detainee-victim?s welfare and for law enforcement investigative purposes. 35mm If you become a victim of a sexual assault, you should report it immediately to any staff person you trust, to include housing of?cers, chaplains, Page 11 of 11 medical staff, supervisors or Deputy U.S. Marshals. Staff members keep the reported information confidential and only discuss it with the appropriate officials on a need to know basis. If you are not comfortable reporting the assault to staff, you have other options: 0 \Vrite a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure confidentiality, use special (Legal) mail procedures. 0 File an Emergency Detainee Grievance - If you decide your complaint is too sensitive to ?le with the Of?cer in Charge, you can file your Grievance directly with the Field Office Director. You can get the forms from your housing unit officer, or a facility supervisor. 0 Write to the Office of Inspector General (016), which investigates allegations of staff misconduct. The address is: Office of Inspector General, US. Department of justice, 950 Ave. Room 4706, Washington, DC. 20530 0 Call, at no expense to you, the Office of Inspector General (OIG). The phone number is 1-800-869-4499. Individuals who sexually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported. A publication of the Of?ce of the Federal Detention Trustee W?hhston. DC Published February 2008 rm U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement 1. Agreement No. 2. Effective Date 3. Facility Code(s) 4. Modi?cation No. S. 11-09-0034 See Block 138. 9MJ One (1) 00-766-9216 6. Issuing Federal Agency 7. Local Government United States Marshals Service Contra Costa County Prisoner Operations Division West County Detention Facility Office of lnteragency Agreements 5555 Giant Highway Washington, DC 20530-1000 Richmond, CA 94806 8. ApprOprlatlon Data 9. Per-Diem Rate 10. Guard/Transportation Hourly Rate 15X1020 1 1. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation is to add Immigration and Customs Enforcement (ICE) as a user agency and incorporate their billing address as set forth below. Thomas Welssmiller OHS/Immigration and Customs Enforcement Burlington Finance Center 9.0. Box 1620 Williston, VT 05495-1620 Attn: ICE-DRO-FOD-FSF No other terms or conditions, to Include price, are affected by this change. 12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIW A. I I LOCAL GOVERNMENT IS NOT REQUIRED 8. LOCAL GOVERNMENT IS REQUIRED TO SIGN TO SIGN THIS DOCUMENT THIS DOCUMENT AND RETURN ALL COPIES TO U. S. MARSHAL 13. APPROVALS LOCAL GOVERNMENT 3. recs LGOVER ENT Signature Swine MAP- ii 2010 1 TITLE ATE TITLE DATE Page of MARCH 2015 ICE 2012030300029173 U. S. Department of Justice United States Marshals Service 2. Effective Date See Block 19 1. Agreement Number 11-09-0034 Detention Services Intergovernmental Agreement 3. Facility Code(s) 4. DUNS Number 00-766-9216 S. Issuing Federal Agency United States Marshals Service Prisoner Operations Division Office of Interagency Agreements Washington, DC 20530-1000 6. Local Government Contra Costa County West County Detention Facility 5555 Giant Highway Richmond, CA 94806 Tax 94-6000509 7. Appropriation Data 15X1020 8. Local Contact Person Supervising Accountant CI US. Courthouse Services oi Per-Diem Rate 10. This agreement is for the housing, 11. 12. safekeeping, and subsistence of federal Adult Male: 50 prisoners, in accordance with content set $82.00 forth herein. Adult Female: 25 13. Optional Guard/Transportation Services to: 14. a Medical Facinty Guard/TranspOrtation Hourly Rate: Mileage shall be reimbursed by the Federal Government at the GSA Federal Travel Regulation Mileage Rate. 15. Local Government Certi?cation To the best of my knowledge and belief, information submitted in support of this agreement is true and correct, this document has been duly authorized by the body governing the Department or Agency and the Department or Agency will comply with all provisions set forth herein. 16. Signature of Person Authorized to Sign (Local) Joseph Caruso Print Name Commander Title Date 17.Prisoner and 18. Other Authorized 19. Signature of Person Authorized to Sign (Federal) Detainee Type Agency User Authorized Adult Male Bop i9 at 8 Adult Female ICE Mary Horsey Cl Juvenile Male Print Name 2 1 I Juvenile Female Grants specialist SEP 2009 Title Date I Page 1 of 11 MARCH 2015 ICE 2012030300029174 Agreement Number 11-09-0034 Authority .. 3 Purpose of Agreement and Security Provided .. 3 Period of Performance .. 3 Assignment and Outsourcing of Jail Operations .. 4 Medical Services .. 4 Receiving and Discharge of Federal Detainees .. 5 Optional Guard/Transportation Services to Medical Facility .. 6 Optional Guard/Transportation Services to US. Courthouse .. 6 Special Noti?cations .. 7 Prisoner Rape Elimination Act (PREA) .. 7 Service Contract Act .. 7 Per-Diem Rate .. 8 Billing and Financial Provisions .. 8 Payment Procedures .. 9 Modi?cations and Disputes .. 9 Inspection of Services .. 9 Litigation .. 9 Prisoner Rape Elimination Act Reporting Information .. 11 Page 2 of 11 MARCH 2015 ICE 2012030300029175 Agreement Number 11-09-0034 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?) and Contra Costa County (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 West County Detention Center (hereinafter referred to as ?the facility"). 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 ?nancial 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 one-hundred twenty (120) calendar days notice of their intent to terminate. Where the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Page 3 of 11 MARCH 2015 ICE 2012030300029176 Agreement Number 11-09-0034 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 care inside the detention facility. The level of care inside the facility should be the same as that provided to state and local detainees. The Local Government is ?nancially 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 will pay for the cost of that service. The Federal Government is ?nancially 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 detainee's illness or injury as well as the types of treatment provided. Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication loo-Prisoner Health Care Standards 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 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 Control (CDC) Guidelines and the result documented in the federal detainee?s Page 4 of 11 MARCH 2015 ICE 2012030300029177 Agreement Number 11-09-0034 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 (SARS), Avian Flu, 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, they will be provided with seven (7) days of prescription medication which will be dispensed from the 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 of?cer 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 of?cers of the Federal Government agency initially committing the federal detainee 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 speci?ed 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 MARCH 2015 ICE 2012030300029178 Agreement Number 11-09-0034 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 PM qualified law enforcement or correctional officer personnel. If the oca overnmen 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 speci?c 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 qualified law enforcement or correctional officer personnel. If the Loca overnment 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 speci?c 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 MARCH 2015 ICE 2012030300029179 Agreement Number 11-09-0034 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/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) 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: 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 noti?ed by the Federal Government. Page 7 of 11 MARCH 2015 ICE 2012030300029180 Agreement Number 11-09-0034 Per-Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-diam 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-diam 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-?xed per-diem rate for services is $82.00, and shall not be subject to adjustment on the basis of Contra Costa County actual cost experience in providing the service. The per-diem rate shall be fixed for a period from the effective date of the Agreement forward for thirty-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 clay 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 Northern District of California U.S. Courthouse] Philip Burton Bldg. 450 Golden Gate Avenue, Room 20-6888 San Francisco, CA 94102 (415) 436-7677 Page 8 of 11 MARCH 2015 ICE 2012030300029181 Agreement Number 11-09-0034 To constitute a proper invoice, the name and address of the facility, the name of each federal detainee, their speci?c dates of con?nement, 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 of?cial reSponsibIe 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-De?ciency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government on a basis, after receipt of an appropriate invoice. The Local Government shall provide a remittance address below: Contra Costa County 5555 Giant Highway Richmond, CA 94806 Modi?cations and Disputes Either party may initiate a request for modi?cation to this Agreement in writing. All modi?cations negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate of?cials 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 noti?ed, in writing, of all litigation pertaining to this Agreement and be provided copies of any pleadings ?led or said litigation within ?ve (5) working days of the ?ling. Page 9 of 11 MARCH 2015 ICE 2012030300029182 Agreement Number 11-09-0034 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 MARCH 2015 ICE 2012030300029183 r' a Eli ct Wagon sex LT ARENE This document is requested to be posted in each Housing Unit Bulletin Board at all Contract Detention Facilities. 'Ihis document may be used and adapted by Intergovernmental Service Agreement Providers. While detained by the Department of justice, United States Marshals Service, you have a right to be safe and free from sexual harassment and sexual assaults. Ea? WEI One or more detainees engaging in or attempting to engage in a sexual act with another detainee or the use of threats, intimidation, inappropriate touching or other actions and/ or communications by one or more detainees aimed at coercing and/ or pressuring another detainee to engage in a sexual act. WMM Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching of a detainec?s genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abuse, humiliate, harass. degrade, arouse, or gratify the sexual desires of any person. Sexual abuse/ assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by policy and the law. MARCH 2015 ICE 2012030300029184 . Sta 1 uc Sexual behavior between a Staff member and detainee which can include, but is not limited to indecent. profane or abusive language or gestures and inappropriate visual surveillance of detainees. Prehibitgd AGES. A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged with the following Prohibited Acts under the Detainee Disciplinary Policy. 0 Using Abusive or Obscene Language 0 Sexual Assault 0 Making a Sexual Proposal 0 Indecent Exposure 0 Engaging in Sex Act nv' While you are detained, no one has the right to pressure you to engage in sexual acts or engage in unwanted sexual behavior regardless of your age, size, race, or ethnicity. Regardless of your sexual orientation, you have the right to be safe from unwanted sexual advances and acts. ?gn?ggntialigy Information concerning the identity of a detainee victim reporting a sexual assault, and the facts of the report itself, shall be limited to those who have the need to know in order to make decisions concerning the detainee-victim?s welfare and for law enforcement investigative purposes. Wanna! If you become a victim of a sexual assault, you should report it immediately to any staff person you trust, to include housing of?cers, chaplains, Page 11 of 11 medical staff, supervisors or Deputy U.S. Marshals. keep the reported information con?dential and only discuss it with the appropriate of?cials on a need to know basis. If you are not comfortable reporting the assault to staff, you have other options: 0 Write a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure confidentiality, use special (Legal) mail procedures. 0 File an Emergency Detainee Grievance - If you decide your complaint is too sensitive to ?le with the Of?cer in Charge, you can file your Grievance directly with the Field Of fice Director. You can get the forms from your housing unit officer, or a facility supervisor. 0 Write to the Of?ce of Inspector General (016), which investigates allegations of staff misconduct. The address is: Office of Inspector General, U.S. Department of justice, 950 Ave. Room 4706, Washington, DC. 20530 0 Call, at no expense to you, the Office of Inspector General (016). The phone number is Individuals who sexually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported. A publication of the Of?ce of the Federal Detention Trustee waswowc "25:45:. Published February 2008