7/21/2017 2:09:10 PM 17CV31082 1 2 3 4 5 IN THE CIRCUIT COURT OF THE STATE OF OREGON 6 FOR THE COUNTY OF WASCO 7 8 9 10 , BRIAN STOVALL, JOHN OLMSTEAD, CONNIE KRUMMRICH, and KAREN BROWN, Plaintiffs, 11 12 13 14 15 16 vs NORTHERN OREGON CORRECTIONS dba NORCOR, an intergovernmental corrections entity, and WASCO COUNTY, ) ) ) ) ) ) ) ) ) ) ) ) Case No. PLAINTIFFS’ COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Fee Authority ORS 21.135(2)(f)) Claim is not subject to mandatory arbitration Defendants. ___________________________________ 17 INTRODUCTION 18 1. 19 This is a suit by Wasco County taxpayers to prevent the continued misuse of public 20 21 money and facilities. Specifically, Plaintiffs contend that Defendant Northern Oregon Corrections (“NORCOR”) —a regional jail organized under ORS Chapter 190 by Wasco County 22 23 24 25 26 and three other Oregon counties —is violating ORS 181A.820 in connection with an InterGovernmental Services Agreement (“IGSA”) which requires it to incarcerate individuals solely to assist in the enforcement of federal immigration law. Plaintiffs seek a declaration that Page 1 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 NORCOR’s execution and performance of the IGSA violates ORS 181A.820, an injunction 2 directing NORCOR to exercise its termination right under the IGSA, and an injunction 3 prohibiting NORCOR from violating ORS 181A.820 in the future. 4 JURISDICTION 5 2. 6 7 Venue for this action is proper in this Court, as Defendants are located and a substantial 8 part of the events giving rise to Plaintiffs’ claims arise in this Judicial District. The Court has the 9 power to grant the declaratory and supplemental relief sought by Plaintiffs under ORS 28.010, 10 28.020, and 28.080. 11 PARTIES 12 3. 13 14 Plaintiff Brian Stovall has owned real property in and paid property taxes to Wasco 15 County for several years. At all times relevant to this case, he has paid and continues to pay 16 taxes which are used to retire bonds issued to construct the NORCOR facility and to support 17 NORCOR’s operations. The obligations and liabilities imposed on NORCOR by the IGSA 18 19 create a real and imminent risk that Plaintiff Stovall will be exposed to additional future taxes. In addition, Plaintiff Stovall has a specific and legislatively recognized interest in ensuring that 20 21 NORCOR does not use his tax dollars in a manner that violates Oregon law. 4. 22 23 Plaintiff John Olmstead has owned real property in and paid property taxes to Wasco 24 County for several years. At all times relevant to this case, he has paid and continues to pay 25 taxes which are used to retire bonds issued to construct the NORCOR facility and to support 26 Page 2 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 NORCOR’s operations. The obligations and liabilities imposed on NORCOR by the IGSA 2 create a real and imminent risk that Plaintiff Olmstead will be exposed to additional future taxes. 3 In addition, Plaintiff Olmstead has a specific and legislatively recognized interest in ensuring that 4 NORCOR does not use his tax dollars in a manner that violates Oregon law. 5 5. 6 7 Plaintiff Connie Krummrich has owned real property in and paid property taxes to Wasco 8 County for several years. At all times relevant to this case, she has paid and continues to pay 9 taxes which are used to retire bonds issued to construct the NORCOR facility and to support 10 NORCOR’s operations. The obligations and liabilities imposed on NORCOR by the IGSA 11 create a real and imminent risk that Plaintiff Krummrich will be exposed to additional future 12 13 14 taxes. In addition, Plaintiff Krummrich has a specific and legislatively recognized interest in ensuring that NORCOR does not use her tax dollars in a manner that violates Oregon law. 15 6. 16 Plaintiff Karen Brown has owned real property in and paid property taxes to Wasco 17 18 19 County for several years. At all times relevant to this case, she has paid and continues to pay taxes which are used to retire bonds issued to construct the NORCOR facility and to support NORCOR’s operations. The obligations and liabilities imposed on NORCOR by the IGSA 20 21 create a real and imminent risk that Plaintiff Brown will be exposed to additional future taxes. In 22 addition, Plaintiff Brown has a specific and legislatively recognized interest in ensuring that 23 NORCOR does not use her tax dollars in a manner that violates Oregon law. 24 25 26 Page 3 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 2 3 7. Defendant NORCOR is a regional jail established pursuant to ORS 190.003 et seq. and ORS 169.630 by Hood River, Wasco, Sherman, and Gillam Counties, and is located in The 4 Dalles, Wasco County, Oregon. NORCOR is a “law enforcement agency” within the meaning of 5 6 ORS 181A.820(1). 7 8. 8 Defendant Wasco County is a municipality and political subdivision of the State of 9 Oregon, and is a founding member of NORCOR. Wasco County collects property taxes from 10 Plaintiffs and others and uses them to support NORCOR. Wasco County is joined as a defendant 11 pursuant to ORS 28.110. 12 STATEMENT OF FACTS 13 9. 14 15 16 NORCOR began operating as a regional jail for Hood River, Wasco, Sherman, and Gilliam Counties in 1999. 17 18 19 10. NORCOR’s construction was financed by a General Obligation Bond, as reflected on the property tax statements of Plaintiffs and other taxpayers. That bond was retired in September 20 21 22 2016, through tax payments made by Plaintiffs and other property owners in the member counties. 23 24 25 26 Page 4 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 2 3 11. More than half of NORCOR’s annual operating expenses have been and continue to be funded by the member counties, including roughly $2 million from Wasco County taxpayers 4 such as Plaintiffs. 5 12. 6 7 In October 2014, NORCOR entered into the IGSA with the United States Marshals 8 Service. Under the IGSA, NORCOR agreed, among other things, to incarcerate “Federal 9 detainees” who “are awaiting a hearing on their immigration status or deportation.” The 10 effective date of the IGSA was November 1, 2014. In April 2015, the IGSA was modified to add 11 “Immigrations Customs Enforcement” (“ICE”) as an authorized agency user. The IGSA, with 12 13 the ICE modification, is attached as Exhibit 1 to this Complaint. 13. 14 15 NORCOR is required by the IGSA to “accept and provide for the secure custody, 16 safekeeping, housing, subsistence and care of Federal detainees,” including persons who are 17 awaiting a hearing on their immigration status or deportation. Plaintiffs are informed and 18 19 believe, and therefore allege, that approximately twenty persons currently are incarcerated by NORCOR pending immigration status or deportation hearings and that NORCOR plans to 20 21 expand the number to at least forty in the near future. Whether or not these persons have 22 criminal charges or convictions, the sole reason they are held by NORCOR is to assist ICE in the 23 enforcement of federal immigration laws. 24 25 26 Page 5 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 2 3 14. In performing its custody obligation under the IGSA, NORCOR has agreed: a. To provide access “at all times” to the federal government to NORCOR’s facilities, 4 Federal detainees, and all records pertaining to the IGSA. 5 6 7 b. To restrict “all housing or work assignments, and recreation or other activities” for Federal detainees to secure areas at NORCOR. 8 c. To assume financial responsibility for all medical care provided to Federal detainees 9 inside NORCOR’s facility, including “the cost of all medical, dental, and mental 10 health care as well as the cost of supplies, over-the-counter medications and, any 11 prescription medications routinely stocked” by NORCOR. NORCOR must provide 12 13 14 15 16 17 18 19 these medical services whether or not the detainee can afford applicable co-payments; the federal government is not responsible for medical co-payments “even for indigent Federal detainees.” d. To provide “transportation and escort guard services to Federal detainees housed at [NORCOR] to and from a medical facility for outpatient care, and transportation and stationary guard services for Federal detainees admitted to a medical facility.” e. To increase escort security for prisoner monitoring, visitation, and contraband control 20 21 when requested by the federal government. 22 f. To use “all reasonable means to apprehend [an] escaped Federal detainee,” at the 23 federal government’s direction, and to pay for “all reasonable costs in connection 24 therewith[,]” and, 25 26 g. To “defend, indemnify, and hold harmless” the federal government for all liability Page 6 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 caused by anyone “arising out of the use, operation, or handling of any property (to 2 include any vehicle, equipment, and supplies)” furnished by the federal government 3 to NORCOR, and “to pay all claims, damages, judgments, legal costs, adjuster fees, 4 and attorney fees related thereto.” 5 15. 6 7 NORCOR is entitled to receive a per-diem rate for each person incarcerated pursuant to 8 the IGSA, and to reimbursement for guard services outside the facility at a fixed hourly rate. 9 NORCOR is solely responsible for certain costs associated with performance and these costs are 10 not reimbursed. Regardless of NORCOR’s actual costs, the per-diem and hourly rates for 11 immigration detainees under the IGSA cannot be increased until April 2019, and then only with 12 13 14 the consent of the federal government. Payments under the IGSA are made in arrears, subject to the availability of funds appropriated by Congress. 16. 15 16 Persons incarcerated at NORCOR pursuant to the IGSA are not held by NORCOR due to 17 alleged violations of any Oregon state or local law. Pursuant to the IGSA, NORCOR uses county 18 19 money, personnel, and equipment to incarcerate people solely because they allegedly are persons of foreign citizenship present in the United States in violation of federal immigration laws. 20 17. 21 22 Oregon law prohibits the use of public “moneys, equipment or personnel for the purpose 23 of detecting or apprehending persons whose only violation of law is that they are persons of 24 foreign citizenship present in the United States in violation of federal immigration laws.” ORS 25 181A.820. This statute is a directive to law enforcement agencies and the public bodies 26 Page 7 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 overseeing them on how public funds, personnel, and equipment are to be used. 2 3 18. A principal purpose of ORS 181A.820 is to require local law enforcement agencies such 4 as NORCOR to limit their activities to apprehending persons who violate, or are alleged to have 5 6 violated, state and local laws and to avoid liabilities attendant to enforcement of federal 7 immigration laws. In keeping with this purpose, ORS 181A.820 was intended to prevent such 8 agencies from using public money, personnel, or equipment to assist federal officials at any stage 9 of the immigration enforcement process. 10 11 19. Oregon law defines “apprehend” to include “restraining an individual’s liberty so that the 12 13 14 [government] can assert the authority of legal process over that individual.” NORCOR’s entry into and performance of the IGSA constitute the apprehension of “persons whose only violation 15 of law is that they are persons of foreign citizenship present in the United States in violation of 16 federal immigration laws,” within the meaning of ORS 181A.820. 17 18 19 20. The IGSA provides that NORCOR may terminate the IGSA at any time by providing thirty days’ written notice of its intent to do so. 20 CLAIM FOR RELIEF 21 21. 22 23 Plaintiffs reallege and incorporate paragraphs 1 – 20, as if fully set out here. 24 25 26 Page 8 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 2 3 22. There is an actual, existing, and justiciable controversy between Plaintiffs and Defendants as to whether entry into and performance of the IGSA violate Oregon law. 4 23. 5 6 Plaintiffs are entitled to a judgment declaring that NORCOR’s entry into and 7 performance of the IGSA violates ORS 181A.820, in that the IGSA authorizes and requires 8 NORCOR to “apprehend[…] persons whose only violation of law is that they are persons of 9 foreign citizenship present in the United States in violation of federal immigration laws.” 10 11 24. Plaintiffs also are entitled to a mandatory injunction directing NORCOR to immediately 12 13 14 15 exercise its right to terminate the IGSA on thirty days’ notice, and to a permanent injunction prohibiting NORCOR from incarcerating persons in violation of ORS 181A.820. WHEREFORE, Plaintiffs pray for: 16 1. A declaratory judgment as set out in paragraph 23, above; 17 2. A mandatory injunction directing NORCOR immediately to provide the United States 18 19 Marshals Service written thirty days’ notice that it is terminating the IGSA; 3. A permanent injunction to prohibit NORCOR from incarcerating persons in violation of 20 21 22 ORS 181A.820; 4. Plaintiffs’ costs pursuant to ORS 28.100; and 23 24 25 26 Page 9 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 1 2 5. Such other and further relief as this Court deems just and proper. DATED this 21st day of July 2017. 3 OREGON LAW CENTER 4 s/David Henretty David Henretty, OSB 03187 dhenretty@oregonlawcenter.org Stephen S. Walters, OSB 801200 swalters@oregonlawcenter.org 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: (503) 473-8684 Fax: (503) 295-0676 Attorneys for Plaintiff Karen Brown 5 6 7 8 9 10 IMMIGRANT LAW GROUP PC & THE INNOVATION LAW LAB 11 12 s/Stephen William Manning Stephen William Manning, OSB 013373 PO Box 40103 Portland, OR 97204 Tel: (503) 241-0035 Fax: (503) 241-7733 smanning@ilgrp.com Attorneys for Plaintiffs Brian Stovall, John Olmstead, and Connie Krummrich 13 14 15 16 17 Trial Attorneys: David Henretty, Stephen S. Walters, Stephen William Manning 18 19 20 21 22 23 24 25 26 Page 10 –COMPLAINT Oregon Law Center 522 SW Fifth Ave., Suite 812 Portland, OR 97204 Tel: 503-473-8684 EXHIBIT 1 TO COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ' U.S. Department of Justice United States Marshals Service Prisoner Operations Division Arlington, VA 22301 October 28, 2014 MEMORANDUM TO: FROM: William C. Knaust Chief Deputy United States Marshal ~~ Grant Specialist Office of Intergovernmental Agreements SUBJECT: Intergovernmental Agreement (IGA) Northern Oregon Corrections Here are the signed copies of the IGA the effective date is November 1, 2014. Please distribute as follows: Agreements with original signatures 1 for the district, 1 for the.local government Copies of the agreement sent to any of the following if they are listed as riders Bureau of Prisons (BOP) - Community Corrections Manager Immigration and Customs Enforcement (ICE) Any Other USMS User Districts Please be sure that your Administrative Officer or Criminal Clerk has a copy of the executed document so they are aware of the current jail day rate and any special terms and conditions (i.e., guard/transportation services, mileage, etc.). If you have questions, please contact Aisha Ogburn, Grants Specialist at (202) 353-8349. Attachment Exhibit 1 Page 1 of 16 ~ U.S. Department of Justice United states Marshals Service Prisoner aperations DIVlslon 1. Agreement Number Detention Services IntergovernrnentalAgreen1ent 3. Faclllty Code(s) 2. Effective Date 65-14-0095 4. DUNS Number WA6 6. Local Government 5. Issuing Federal Agency United States Marshals Service 017133849 Northern Oregon Corrections 201 Webber Road Dalles, OR 97058 Tax ID: 91-182534 8. Local Contact Person Prisoner Operations Division 2604 lefferson Davis Highway Alexandria VA 22301-1025 7. Appropriation Data ~l~a~m~es~W.-..-.ee~d---------------------------------t 15X1020 9. Telephone: 541-298-1576 Fax: Email: weed norcor.co .. :··;:/·;~:~·~=-T.~i -·~ ·. ·.-~l~~.:.~--~~·:.\:::t.;~¥.~~1 ;- :.•'. 10. This agreement Is for the housing, safekeeping, 11. 12. and subsistence of Federal detainees, In accordance with content set forth herein. Male: 18 Female: 7 $80.00 Total: 25 13a. Optional Guard/Transportation Services to: ~Medical Fadllty 0 14. Other _ _ _ _ __ Guard/Transportation hourly rate is $24.00 D U.S. Courthouse OJPATS 13b. D Department of Labor Wage Determination 15. Local Government Certification 16. Signature of To the best of my knowledge and belief, Information submitted In support of this agreement Is true and c:onect. This document has been duly authorized by the govemlng authorities of their applying Department or Agency State or County Government and thetefore agree to comply with all provisions set forth herein this document. ~If zz: Authorized ta Sign (L.oc:al) LJ) James Weed Print Name Administrator 11@1/1'/ Date 17.Federal Detainee Type Authorized 18. Other Authorized Agency User Im Adult Male ~Adult Female D Juvenile Male D luvenne Female OBOP DICE Aisha Ogburn Print Name Grant Specialist Title Page 1of14 ll>-cij-;;t>/f Exhibit 1 Page 2 of 16 I ~ Agreement Number 65-14-00YS ·~ ~\ltlie>rlt'f ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• :i Purpose <>f Agreement and Security Provided •.•.•.••••....•••••••••••••••••••••••••••••••••••••••••••••• 3 Period of Performance and Termination •••.•..•...••••••••.•.•••••••••••••••••••••••••••••••••••••••••••••• 3 Assignment and Outsourcing of Jail Operations ••••••••••.•.••••.••••••••••••••••••••••••••••••••••••••• 4 r.1E!Clical ~el"\li~ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 4 ~rclable <:Clrt! Ac:t ••••••••••••••••••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• ~ Receiving and Discharge of Federal Detainees •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6 Optional Guard/Transportation Services to Medical Facility ......................................... 6 Optional Guard/Transportation Services to U.S. Courthouse ....................................... 7 Optional Guard/Transportation Services to Justice Prisoner & Alien Transportation S~IT1 (JPA~) .................................................•...........••............•....••••••.............. ~ SpE!cial l\le>tifiCCltle>ns •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 Special Management Inmates and Suicide Prevention •••••••••••••••••••••••••••••••••••••••••••••••• 8 Prison Rape Elimination Act (PREA) ••••••••••..••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 Service Cc>ntract Act •••••••••••••••••••.•••••••••••••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••• 9 Per-Diem Rate ••••••••••••••••••••.•...••••••••••••••.••••••.••..•••.••••••••••••••••••••••••••••••••••••••••••••••• 9 Biiiing and Financial Provisions •••••••••••••••••••••••••••..•••••••.••••••••••••••••••••••••••••••••••••••••• 10 Payment Procedures •••••••••••••••••••••..••.•..••••••••••••.••••••••••••••••••••••••••.•••••••••••••••••••••••• 11 Hold Harmless ••••••••••••••.••••••••••••••••••••••.•••••••••••••••••••.•.•••••••••••••••••••••••••••••••••••••••• 11 [)isp1.1tE!S •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 InsJ>ectlC>n e>f !;er\fic~ ••••••••••••••••••••••••••••...•••••••••••••••••••.••••••••••••••••••••••••••••••••••••••• 12 Modifications •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 Litlgat1<>11 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 12 Rape Elimination Act Reporting Information •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 13 Page 2of14 (tltltJal):()v/./ Local &overnment Fedsal Gownunent (lnltJal)~ Exhibit 1 Page 3 of 16 ~ \ Agreement Number 65-14-00~5 Authority Pursuant to t~e authority of Section 119 of the Department of Justice Appropriations Act of 2001 (Pubhc Law 106-553), this Agreement is entered into between the United States Marshals Service {hereinafter referred to as the "Federal Government") and Northern Oregon Corrections hereinafter referred to as "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) or other authorized agency user as noted in block #18 on page (1) to house Federal detainees with the Local Government at the Northern Oregon Corrections, 201 Webber Road, Dalles, OR 97058 (hereinafter referred to as "the Facility") designated in #6 page 1. 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 Core Detention Standards and/or any other standards required by an authorized agency whose detainees are housed by the Local Government pursuant to this Agreement. 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 and Termination This Agreement is effective upon the date of signature of the authorized USMS Prisoner Operations Division official, and remains in effect unless inactivated in writing by efther party. Either party may terminate this Agreement for any reason with written notice at Page3of14 ~ Local Government (initial): Federal Govemment (lnltfal): Exhibit 1 Page 4 of 16 ~ . Agreement Number 65-.14-0095 ·~ least thirty (30) calendar days In advance of termination, unless an emergency situation requires the Immediate relocation of Federal detainees. Where the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Assignment and Outsourcing of Jall Operations The 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 same level and range of care inside the Facility as that provided to state and local detainees. The Local Government Is financially responsible for all medical care provided inside the Fadllty to Federal detainees. This indudes the cost of all medical, dental, and mental health care as well as the cost of medical supplies, over-the-counter medications and, any prescription medications routinely stocked by the Facility which are provided to Federal detainees. When possible, generic medications should be prescribed. The cost of all of the above-referenced medical care Is covered by the Federal per diem rate. However, for specialized medical services not routinely provided within the Facility, such as dialysis, the Federal Government will pay for the cost of that service. The Federal Government is financially responsible for all medical care provided outside the Faclllty to Federal detainees. The Federal Government must be billed directly by outside medical care providers pursuant to arrangements made by the Local Government for outside medical care. The Local Government should utilize outside medical care providers that are covered by the USMS's National Managed care Contract (NMCC) to reduce the costs and administrative workload associated with these medical services. The Local Government can obtain Information about NMCC covered providers from the local USMS District Office. The Federal Government will be billed directly by the medical care provider not the Local Government. To ensure that Medicare rates are properly applied, medical claims for Federal detainees must be on Centers for Medicare and Medicaid (CMS) Forms so that they can be re-priced to Medicare rates in accordance with the provisions of Title 18 u.s.c. Section 4006. If the Local Government receives any bills for medical care provided to Federal detainees outside the Facility, the Local Government should immediately forward those bills to the Federal Government for processing. All outside medical care provided to Federal detainees must be pre-approved by the Federal Government except In a medical emergency. In the event of an emergency, the Local Government shall proceed 1mmedlately with necessary medical treatment. In such Page 4of14 Local Government (Initial): . Federal Govemment (I al):~~;-- Exhibit 1 Page 5 of 16 ~. Agreement Number 65-14-0095 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 fn accordance with the provisions of USMS, Publication 100-Prisoner Health Care Standards (www.usmarshals.gov/orisoner/standards.htm) and in compliance with the Core Detention Standards or those standards which may be required by any other authorized agency user. The Local Government is responsible for all associated medical record keeping. The Facility shall have in place an adequate infectious disease control program which includes testing of all Federal detainees for Tuberculosis (TB) within 14 days of intake. 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 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 diseases 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, they will be provided with seven (7) days of prescription medication which will be dispensed from the Facility. Medical records and the USM-553 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 detainees. Affordable Care Act The Local Government shall provide Federal detainees, upon release of custody, information regarding the Affordable Care Act, The Affordable Care Act website is located at http://www.hhs.gov/opa/affordable-care-act/. Page 5of14 //al Local Government (Initial):(/ Federal Government (lnltlal)~~ Exhibit 1 Page 6 of 16 ~ Agreement Number 65-14-0095 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 or a USMS designee 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. Additional facilities within the same Agreement shall be identified in a modification. The Local Government agrees to release Federal detainees only to law enforcement officers of the authorized Federal Government agency initially committing the Federal detainee (i.e., Drug Enforcement Administration (DEA), Immigration and Customs Enforcement (ICE), etc.) or to a Deputy United States Marshal (DUSM) or USMS designee with proper agency credentials. 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 jurisdictional United States Marshal (USM). Optional Guard/Transportation Services to Medical Facility If Medical Facility in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of Its personnel, to provide transportation and escort guard services for Federal detainees housed at the 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 e:::.~:,{-~:-~--~~-.;-)armed qualified law enforcement or correctional officer personnel. Criteria as specified by the County Entity running the facility. In all cases these are part of a fulltime Law Enforcement Officer (LEO) or Correctional Officer (CO) that have met the minimum training requirements. 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 have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement. After forty-eight ( 48) 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 6of14 Local Government (lnltJal){'lk/ Federal Government (Initial)~ . Exhibit 1 Page 7 of 16 ~ Agreement Number 65-14-0095 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 4 or correctional officer personnel. ii & armed qualified law enforcement 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 guard will tum 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 or their designee 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 unless otherwise authorized by the USMS. If an hourly rate for these services have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement. After forty-eight ( 48) 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 Transportation System (JPATS) Services to Justice Prisoner It Alien If JPATS in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availablllty of its personnel, to prpvide transportation and escort guard services for Federal detainees housed at its facility to and from the JPATS. These services should be performed._, u-~~~ . .~~~~ armed qualified law enforcement or correctional officer personnel. 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. Page 7of14 fi11! Local G-emment (lnltJal):/J Federal Government (Initial)~ Exhibit 1 Page 8 of 16 ~ Agreement Number 65-14-0095 Upon arrival at JPATS, the Local Government's transportation and escort guards will tum 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 the airlift without a specific request from the USM who will provide the detainee's name, location (district), 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 in block #14 on page one (1) of this Agreement. After forty-eight ( 48) 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. Speci~I 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 or a medical emergency of a Federal detainee, the Local Government shall immediately notify the Federal Government. Special Management Inmates and Suicide Prevention The Local Government shall have written policy, procedure, and practice require that all special management inmates are personally observed by a correctional officer twice per hour, but no more than 40 minutes apart, on an irregular schedule. Inmates who are violent or mentally disordered or who demonstrate unusual or bizarre behavior receive more frequent observation; suicidal inmates are under constant observation. Page 8of14 fJJ.. / (Initial)~. Local Govemment (initial): Federal Govemment Exhibit 1 Page 9 of 16 ~ Agreement Number 65-14-0095 The Local Government shall have a comprehensive suicide-prevention program in place incorporating all aspects of Identification, assessment, evaluation, treatment, preventive intervention, and annual training of all medical, mental health, and correctional staff. Prison Rape Elimination Act (PREA) The Facility must post the Prison Rape Elimination Act brochure/bulletin in each housing unit of the Facility. The Facility must abide by all relevant PREA regulations. 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: htto://www.dol.gov/oasam/regs/statutes/351.htm. Federal Acquisition Regulation Clause(s): 52.222-41 Service Contract Act of 1965, as Amended (July 2005) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.222-43 Fair Labor Standards Act and the Service Contract Act - Price Adjustment (Multiyear and Option Contracts) {May 1989) The current Local Government wage rates shall be the prevailing wages unless notified by the Federal Government. If the Department of Labor Wage Determination block #13b on page one (1) of this Agreement is checked, the Local Government agrees, in accordance with FAR PART 52.222.43 (f), must notify the Federal Government of any increase or decrease in applicable wages and fringe benefits claimed under this clause within 30 days after receiving a new wage determination. 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 Federal Government estimate for detention services, otherwise known as the Core Rate; Page 9of14 Local Government (lnltJal):(/fMi_ Federal Govemment (lnltJa1{;p:lJ- . Exhibit 1 Page 10 of 16 ~ Agreement Number 65-14-0095 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 stipulated in block #12 on page (1) of this agreement, and shall not be subject to adjustment on the basis of Northern Oregon Corrections actual cost experience in providing the service. The per-diem rate shall be fixed for a period from the effective date of this Agreement forward for forty-eight (48) months. The per-diem rate covers the support of one Federal detainee per "Federal detainee day", which shall include the day of arrival, but not the day of departure. After forty-eight ( 48) months, if a per-diem rate adjustment is desired,· the Local Government shall submit a request through the Office of the Federal Detention Trustee's (OFDT) electronic Intergovernmental Agreements (eIGA) area of the Detention Services Network (OS Network). All information pertaining to the Facility on the DSNetwork will be required before a new per-diem rate will 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 District of Oregon 401 U.S. Courthouse 1000 SW 3"' Avenue Portland, OR 97204-2902 503-326-2209 Page 10of14 Local Govemment (lnJtJal):Ou./Federal Govemment (Initial)~ Exhibit 1 Page 11 of 16 ~ • Agreement Number 65-14-0095 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. Addittonal services provided, such as transportation and guard services, shall be listed separately and Itemized. Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, .appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government at the address listed in block #6 on page one (1) of this Agreement, on a monthly basis, promptly, after receipt of an appropriate invoice. Hold Harmless It is understood and agreed that the Local Government shall fully defend, Indemnify, and hold harmless the United States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation, or handling of any property (to include any vehlde, equipment, and supplies) furnished to the Local Government In which legal ownership Is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses related to the care and responsiblllty for all property furnished to the Local Government. Disputes Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party. Both the parties agree that 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. Page 11of14 Local Government (lnltlal):(J Federal Government vnl (lnltJal~ Exhibit 1 Page 12 of 16 . ~· • Agreement Number 65-14-0095 Inspection of Services Inspection standards for detainees may differ among authorized agency users. The Local Government agrees to allow periodic Inspections by Federal Government inspectors, to lndude approved Federal contractors, In accordance with the Core Detention Standards required by any or all of the Federal authorized agency users whose detainees may be housed pursuant to this Agreement Findings of the inspections wlll be shared with the Facility administrator in order to promote improvements to Faclllty operations, conditions of confinement, and levels· of services. Modifications For all modifications except for full or partial terminations, 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. Litigation The Federal Government shall be notified, in writing, of all litigation pertaining to this Agreement and provided copies of any pleadings filed or said litigation within five (5) working days of the filing. 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 12of14 JM}_ Local Government (lnltlal)10 Federal Government (lnltJal>fPKJ Exhibit 1 Page 13 of 16 ~ • Agreement Number 65-14-0095 Rape Elimination Act Reporting Information SEXQALASSAULT AWARENESS This document is requested to be posted in each I-lousing Unit Bulletin Bonrd at all Contract Detention Facilities. This document may be used and adapted by lntergo\•emmental Scn·ice Agreement Pro,·iders. \'\'bile detained b~· the Department ofJustice, United States Marshals Sen·ice, rou ha,·e a right to be safe and free &om sexual hmssmeru and semal assaults. Definitions A. Detainee-op-Det1inee Sa-ual Abuse/Assault O~e or more detainees engaging in or attempting to engage in a sexual act \\rith anod1er 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 sc.~ual act. B. Stafl4.on-Detainee Sa"llal Muse/Assault Smff member engaging in, or attempting to engage in a sc~-unl act \\ith any detainee or the intentional touching of a detainee's genitalia, anus, groin, breas~ inner thigh, or buttocks \\ith the intent to abuse.. humiliate, harass, dcgiade.. arouse. or gratify the sexual desires of any penon. Sexual abuse/ assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by DOJ policy and the law. c. Staff Sexual Miseonduct is: Sema1 bcha\ior between a staff member and detainee which can includ~ but is not limited to indecent, profane or abush·c language or gestures and inapproprfate \isunl slll'\·eillancc of detainees. ProluDited Acts ,.\ detainee, who engages in inappropriate sexual bcha\-ior with or directs ic at othc~ can be charged \\ith the follO\\ing Prolul>ited Acts under the Detainee Disciplinary Poller. • Using Abush•e or Obscene Language • Sa"Ual Assault • Making a Sexual Proposal • lndecentE>.-posure • Engaging in Sex Act Detention as a Safe Environment ~'hile you are dcmined, no one has the right to pressure rou to engage in sexual acts or engage in unwanted SCJ\-ual beha\-ior regardless of your age, size. rac~ or ethnicity. Regardless of your sexual orientation, you hsl\'e the right to be safe &om Ull\\'3Dted sexual adnnces and acts. Confidmtie1i&v lnfoanation concerning the identity of a dcr.-Uncc '-ictim reporting a se.~ual assault, and the facts of the report itself, shall be limited to those who ha,·e the need to know in order to make decisions concerning the detainee-nctim's welfare and for la\\· cnforcemc:nr in\"cstigam·e purposes. Report All Auault§! If you become a \ictim of a sc.uial assault.. ~·ou should report it irnmediatelr to any smff person rou trus~ to include housing officeis, chaplains, medical staff.. supenisors 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 me assault to staff. you ha\•e other options: Page 13of14 Local Govemment (lnltial)(J11.n/ Federal Govemment (initi'I~. Exhibit 1 Page 14 of 16 ~ ~ Agreement Number 65-14-0095 • \X'rite a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure confidentiali~·. use special (Legal) mail procedures. • File an Emetgencr Detainee GriC\-ance - If you decide your complaint is too sensiti,·e to file \\ith the Officer in Charge, )"OU can file your Grienncc directly with the Field Office Director. You can get the forms &om your housing unit officer. or a Facility supcnisor. • \~'rite to the Office of Inspector General (OIG). which iJt,·cstigates allegations of staff misconduct. The address is: Office of Inspector Genera]. U.S. Department ofJustice. 950 Pennsyh-ania .;\\•c. Room 4706, Washington, DC. 20530 • Call. at no expense to you, the Office of Inspector General (OIG). The phone number is 1-800-869-#99. IndMduals \\•ho se>.-ually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported• .\ publication of the Office of the Fedml Detention Trustee \\ashington, DC Page 14of14 Local Government (Initial): IJ v,, / Federal Government (lnltla~ Exhibit 1 Page 15 of 16 United States Marshal Service 11. Agreement No. Modification of Intergovernmental Agreement 2. Effective Date See Block 13B. 65-14-0095 3. Facility Code(s) WA6 4. Modification No. 1 6. Issuing Federal Agency 7. Local Government United States Marshals Service Prisoner Operations Division Office of Interagency Agreements 2604 Jefferson Davis Highway Alexandria, Virginia 22301 Northern Oregon Corrections 201 Webber Road Dalles, OR 97058 8. Appropriation Data Housing/ transportation 9. Per-Diem Rate $80.00 5. DUNS No. 10. Guard/Transportation Hourly Rate $24.00 (medical services only) 15X1020 11. Page 1of1 EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. THE PURPOSE OF THIS MODIFICATION IS TO ADD IMMIGRATIONS CUSTOMS ENFORCEMENT AS AN AUTHORIZED AGENCY USER ON THE CURRENT INTERGOVERNMENTAL AGREEMENT. PLEASE SEND YOUR PAYMENT INVOICES TO THE ADDRESS BELOW: OHS, ICE FINANCIAL OPERATIONS - BURLINGTON P.O. BOX 1620 ATTN: ICE-ERO-FOD-FSE WILLISTON, VT 05195-1620 ALL OTHER CONDITIONS AND TERMS ARE TO REMAIN THE SAME IN ACCORDANCE WITH THE TERMS OF THE CURRENT INTERGOVERNMENTAL AGREEMENT. 112. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. _x_ LOCAL GOVERNMENT IS NOT REQUIRED TO SIGN THIS DOCUMENT B. - LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ALL COPIES TO UNITED STATES MARSHAL 13. APPROVALS Acr.~~~VER"l.ENV1.»_ fy_ v ) Signature I ._ •• - /.. - 7:... , TITLE 'f/F/!~ DATE · rt;rLf4/&$J i 1g ure Gcants S p e c ; a h s t - 2 TITLE D TE cltJ/S Exhibit 1 Page 16 of 16