APPROVED BY ORANGE COUNTY BOARD OF COUNTY MAR 5 2011 n?l??ul? 1. Agreement Number 2. Effective Date S_ee Block 19. 5. Issuing Federal Agency United States Marshals Service Prisoner Operations Division Programs Assistance Branch Washington, DC 20530-1000 Appropriation Data 15X1020 . ?erxices -. 10. This agreement is for the housing, safekeeping, and subsistence of federal prisoners, in accordance with content set forth herein. 1.3. optional Guard/Transportation Services; 3 Medical Services U.S. Courthouse 15. Local Government Certification 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 governing of the Department or Agency and the Department or AgenCy will comply with all provisions set forth herein. 5_9_-6000773 i 6. Local Government Orange County Corrections Dept 3723 Vision Orlando, FL 32839 8. Local Contact Person 407-836-3091 Number offederal Bed?__ Per-DmRate - 11. 12. Male: 94 Female: 20 $88.00 (Estimated Federal Beds} 14. Guard Hour Rate: $31.75 Mileage shall be reimbursed by the Federal Goverm Federal Travel Regulation Mileage Rate. to (I: 16. Signature of Person Authorized dm ig nat?u re Teresa Jacobs Name County Mayor Title Date 18. Other Authorized Agency User 17.Prisoner and? Detainee Type Authorized [Kl Adult Male Ll BOP Adult Female ICE Juvenile Male Juvenile Female I ICE Detainees 19. SlgwatLE: of P_erson Authorized to Si?rederal) :rica D. Mahoney Name Grants Specialist Title Page 1 of 12 MARCH 2015 ICE 201203030.0029592 Agreement Number 18-04?0023 Authority ..3 Purpose of Agreement and Security Provided ..3 Period of Performance ..4 Assignment and Outsourcing of Jail Operations ..4 Medical Services ..4 Receiving and Discharge of Federai Detainees ..6 Optional Guard/Transportation Services to Medical ..6 Optional Services to U.S. Courthouse ..7 Special Noti?cations Prisoner Rape Elimination Act (PREA) ..8 Service Contract Act ..8 Per-Diem Rate ..9 Billing and Financial Provisions ..9 Payment Procedures .. Modifications and Disputes .. 10 Inspection of Services .. 11 Litigation ll Prisoner Rape Elimination Act Reporting Information .. 12 Page 2 of 12 MARCH 2015 ICE 201203030.0029593 Agreement Number 18-04-0023 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 the Orange County Corrections Dept (hereinafter referred to as ?Local Government"), who hereby agree as follows: Purpose of Agreement and Security Provided The Fedora! Government and the Local Government establish this Agreement that allows the United States Marshals Service (USMS) to house federaf detainees with the Local Government at the Orange County Corrections Dept 3723 Vision Bivd Orlando, FL 32839 (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 transpon: to a BOP facility, and lndividoais 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 federai 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 3 years from the date of request by the Federal Government. Page 3 of 12 MARCH 2015 ICE 201203030.0029594 Agreement Number 18?04?0023 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 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. 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 foil 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 financially responsible for all medical care provided inside the facility to federai detainees. This includes the cost of all medical, dental, and mental health care as well as the cost of medical suppiies, 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 diaiysis 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 ali medicai claims for federai detainees to the Federal Government for processing. Page 4 of 12 MARCH 2015 ICE 201203030.0029595 Agreement Number 18434-43023 nil 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 Locai Government shall notify the Federai 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 loo?Prisoner Health Care Standards and in compliance with USMS Inspection Guidelines, USM 218 Detention Facility Investigative Report. The Local Government is reaponsible for all associated medical record keeping. The 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 utilized, they shall be read between 48 and 72 hours after placement. TB testing shall be accompiished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result documented in the federal detainees medical record. Speciai requests for expedited TB testing and ciearance (to include time sensitive moves) will be accompiished through advance coordination by the Federa! Government and Local Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active TB or any other highiy communicable disease such as Severe Acute Respiratory (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 Federai Government. When a Federal detainee is being transferred andfor reieased from the facility, they will be provided with seven days of prescription medication which 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 it is the Local Government?s responsibility to obtain them before a federal detainee is moved. Page 5 of 12 MARCH 2015 ICE 201203030.0029596 Agreement Number 18-04-0023 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 facillty 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, Bureau of 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). Optional Guard/Transportation Services to Medical Facility If Medical Services in block 13 on page (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 Local Government is unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local U.S. Marshal. Page 6 of 12 MARCH 2015 ICE 201203030.0029597 Agreement Number 18-04-0023 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 (1) of this Agreement. After 36 months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Optional Guard/Transportation Services to US. Courthouse If US. Courthouse in block 13 on page (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 US. Courthouse. These services should be performed by quali?ed law enforcement or correctional of?cer 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 speci?c requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Government's transportation and escort guard 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 detainees 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. If an hourly rate for these services has been agreed upon to reimburse the Local Government it will be stipulated on page (1) of this Agreement. After 36 months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Page 7 of 12 MARCH 2015 ICE 2012030300029598 Agreement Number 13-04-0023 Special Noti?cations 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 ail 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. Additionaily, 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 immediater notify the Federal Government. Prisoner Rape Elimination Act (PREA) The detention 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 sexuai assaults. (See Page 12) 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 8 of 12 MARCH 2015 ICE 201203030.0029599 Agreement Number 18-04-0023 Per-Diem Rate The Federal Government use various price analysis techniques and procedures to ensure the per-diam rate estabiished by this Agreement is considered a fair and reasonable price. Examples of such techniques include, but are not iirnited to, the following: 1. Comparison of the requested per?diam rate with the independent government estimate for detention services, otherwise known has the Core Rate; 2. Comparison with per-diam rates at other state or local facilities of similar size and economic conditions; 3. Comparison of previously proposed prices and previous Federai Government and commercial contract prices with current proposed prices for the same or similar items; 4. Evaiuation of the provided jail operating expense information; The firm-fixed per-diam rate for services is $88.00, and shaii not be subject to adgustment on the basis of Orange County Corrections Dept actual cost experience in providing the service. The per?diam rate shail be ?xed for a period from the effective date of the Agreement forward for 36 months. The per-diam rate covers the support of one federai detainee per ?federal detainee day?, which shail inciude the day of arrival, but not the day of departure. After 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). Ali information pertaining to the jail on DSNetwork will be required before a new per-diem rate can be considered. Biiling 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 1Federal detainees housed at the Page 9 of 12 MARCH 2015 ICE 201203030.0029600 Agreement Number 18-04-0023 Addresses for the components are: United States Marshals Service 801 N. Florida Ave, 4th Floor Tampa, FL 33602-4519 813?274-6401 Immigration Customs Enforcement Krome SPC 18201 SW 12th Street Miami, FL 33194 305207-2001 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 rate per day) shall be listed, aiong with the name, titie, complete address and telephone number of the Local Government of?cial responsible for invoice preparation. Nothing contained herein shaii be construed to obligate the Federai 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 wiil make payments to the Local Government on a basis, after receipt of an apprOpriate invoice. The Local Government shall provide a remittance address below: Orange County Corrections Dept 3723 Vision Orlando, FL 32839 Modi?cations and Disputes Either party may initiate a request for modi?cation to this Agreement in writing. All modifications negotiated will be effective only upon written approval of both parties. Page 10 of 12 MARCH 2015 ICE 201203030.0029601 Agreement Number 18-04-0023 Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate of?cials of each party. Both the parties agree that they will use their best efforts to resolve the di5pute in an informal fashion through consultation and communication, or other forms of non-binding alternative dispute resoiution 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 wiil be shared with the facility administrator in order 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 provided comes of any pleadings ?led or said litigation within 5 working days of the ?ling. The Local Government shall c00perate with the Federal Government legal staff and/or the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. Page 11 of 12 MARCH 2015 ICE 201203030.0029602 Prisonggf Hope; [Elinor-a1 Emilio; Rationing Intramurth SEX A ASSAL I ll.1- le omcnr IN to lac posted in each [Knit l'iulh-Iln Hoard at all Contract Detention Facilities. This document may be used and adapted by Intergovernmental Scn'ice Agreement Providers. inh- dommad by ll'lt.? of lustice. United States Marshals Service. you have a right to 11? safe and free from sci-ma? harassment and sexual assaults. 2.15 'ai - - inoo AhutoLAsaauli One or more dominoes mgaging 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 sexuai act. B. Staff-on-chainge Sexual Staff member engaging in, or anempu?ng to engage in a 5: anal act with mu tlelainee or the intentional touching of a delamre's guiitaiia, zuilus1 groim hreasi. inner thigh, or buttocks with the in tent to abuse. humiliate. harass. degrade. mam-w. or gamma the sexual tlcsil?t's of any 111. Sexual of detainees by staff or other detainees is an inappropriate use of power and is prohibited by policy and the. law. MARCH 2015 ICE 2012030300029603 Qt 1.5.1.6.: i o'nutLluttiss. II behavior a staff Int-InlJt-t and which can Im'lmle. r< out limilcd profam- ur :ubusn?c language or tat-storm and inappn'nuriate visual sun'eillancc of detainees. med?Acts xi :li-Ianu-u. who cllgagcs in Inappropriate sexual behavior with or directs it at others, can be charged with :llt? Prohibited Acts under the Disciplinary Policy. Using Abusive or Obscene Language 0 Sexual Assault II Making a Sexual Proposal Indecent Exposure 0 Engaging in Sex Act \?I'hih- cirtaim-cl. no (mo has the right to pressure you to engage in sexual acts or engage: in unwanted sexual hehavlor regardless of your age, size. race. or ethnicity. Regardless of your sexual orientation. you have the right to be safe from non-amen sexual advances and acts. Con?d ntiali In lionnation concerning the identin' of a detainee I?I'purting a sexual assault, and the facts of tho report itself, shall be limited In those who have the need to know in order to make decisions concerning the detainee-victim?s welfare and for law enforcement im'os Ligatirc puqmsos. Bunny! ll inn Immune a Vitlitn of a scsual assault, you sinnll-l :1 port it immvtiialrh- In any staff person you trust, In meiotic housng of?cers, chaplains, medical staff, supervisors or Deputy [25. Page 12 of 12 .?x-larahals. hlai'l'mcmlicrs lit'ttp the reported coninll'mial and only dlscoss it with ri?n' approprsm- ut'?rials on a nrecl to know basis. 3.1 arr not [uniformlle reporting the assauit [u staf? you have other options: 1' Wrin- :l letter repmting the sexual misconduct in [In person in charge or the L'uitcd States Marshal. To ensure t'onfiticnrialinf, use special mail procedures. 1' lilo an Emergency Detainee Grievance If you decide your complaint is too sensitive to ?le with the Of?cer in ('Jharge, you can ?le your directly with the Hold Of?ce Director. You can get the forms from your housmg unit of?cer, or a facility supervisor. lsilliriite to the Office of Inspector General (DIG). which im'cstigates allegalinns ofstaff nusconduct. The address is: Of?ce of Inspector Gnu-oil. Deparnnem of Justice, 950 Ave- Room 4706, \?C'ashington, DC. in Call. at no expense to you, the. Of?ce of Inspector General The phone number is Individuals who sexuallyr abuse or assault can only be disciplined or prosecuted if the abuse is reported. A publication of Of?ce of [he Federal Deter] tiou Trustee \Vashington. DC Quanta? rul I Mimi-WI?. tr! midrib ul?u pain Published l?cbruaq- 2mg