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HomeMy WebLinkAboutCAG1981-019 - Other - U.S. Marshals Service - Basic Ordering Agreement - Federal Prisoner Housing - 04/01/1981 w„" ;.. Intergovernin-�tal r ire Agreement Pane 1 of 4 J;';. _•,.)epsr'mentofJuatix �.init:fl.it�t:3 Marshals Service HOuSing of l cur_ral:: otters F'�J'-E8 GRLEMENT NUMBL•R 2.I:t•1�L IVE DAT'L•' 3.REQU1511 'iONIPUKCIIAS}:K�K1.()ULST NO. 4. CONTROL NO..6-12-247 5/1/83 ( 0164-E8G-83 S.ISSUING OFFICE 6.GOVERNMENT ENTITY FACILITY CODE(S) oJJ x UNITED STATES MARSHALS SERVICE NAME AND E PRISONER SUPPORT DIVISION ADDRESS Kent City Police Dept. CORNER CENTER (Street,city, 220 South 4th Street 1 TYSONS MCLEAN, R INIANER 22102 county, State Kent, ;Jashington 98031 and 71,0 code 7.APPROPRIATI ON DATA Contact Person Cant. D.E. Bye_-3—Y Area Code & Telephone No. � (206) 872- 8 9. 10. 11. 12. 13. . ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT ( ) This Agreement is for the housing, safekeeping and subsistence of adult In ale & female federal prisoners in accordance with the contents set forth herein. ESTIMATED USMS ESTIMATE:' (2) This Agreement consists of the PRISONER RAC ANNUAL following: DAYS/YR•_ - (A) I--G A Cover Page, Form #241 100 PD's $34.52 $3,452.00 (B) Agreement Schedule, pages 2, 3 and 4. 15.NAh AND TITLE OF:°EKSON(S)AUTHORIZED TO 14. Sl FFE _ To the best of my knowledge and belief,data Date submitted in support of this agreement is true (Signature) t QY AGENCY and correct, the document has been duly au- - c ( Title CERTIFYING thori.ed by the governing body of the Depart- frame(Type or Print) ment or Agency and the Department or Agency Date — will comply with ALL PROVISIONS SET (Signature) FOR THIIERL7N. Name(Type or Print) Title 16.TYPE OF USE 17.PRISONER TYPE TO BE INCLUDED 19. This Negotiated Agreement Is Hereby 0 Hold Over UNSENTENCED SENTENCED Approved And Accepted For Z Regular Support 11 Adult Male 2 Adult Male ❑ Seasonal Support 12 Adult Female IM Adult Female TIIE UNITED STATES OF AMERICA 0 Other ❑ Juvenile Male ❑ juvenile Male BY DIRECTION OF THE DIRECTOR OF THE UNITED 18.LEVEL OF USE ❑ 'Juvenile Female ❑ Juvenile Female STATES MARSHALS SERVICE 8 Minimum 0 Aliens ❑Work Release O Medium ❑YCA Male O YCA Female BY ❑Major SI:fiATUPW OF AUTHORIZING OFFICIAL _ 1NAME OF AUTHORIZING DATE SIGNED 20 ANTICIPATED ANNUAL USAGE I OFFICIAL ('type or Print) UNSENTENCI:D SENTENC DD ALIENS TOTAL No.of Prisoners May 2, 1983 Prisoner Days 100 100 100 300 Joseph B. Enders Y Guard Hours _ — FORM LW— PRIOR EDITIONS ARE 013SOLETE AND ARE Nut TO BE USED (Rev.8113(` GPO ees•t,: UNITED STATES IlVARSHALS SERVICE AGREEMENT NO. Page No. AGREEMENT SCHEDULE (SUPPORT OF U.S PRISONERS) J-E86-M-247 2 of 4 ARTICLE I - PURPOSE The purpose of this Intergovernmental Service. Agreement (IGA) is to establish a formal binding relationship between the U.S. Marshals Service and other federal user agencies (the government) and Kent, Washington (the City) for the detention of persons charged with or convicted of violations of federal law or held as material witnesses (federal prisoners) at the Kent City Jail (the facility) . ARTICLE II - SUPPORT AND MEDICAL SERVICES 1. The City agrees to accept and provide for the secure custody, care and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. 2. The City agrees to provide federal prisoners with the same level of medical care and services provided local prisoners including the transportation and security for prisoners s requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the government. 3. The City agrees to notify the U.S. Marshal as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior author- ization for removal for all other medical services required. ARTICLE III - RECEIVING AND DISC'�-RGE 1. The City agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials. 2. The City agrees to release federal prisoners only to law enforcement officers of agen- cies initially ca mitting the prisoner (i.e. EEA, INS, etc. ) or to a Deputy United States Marshal. Those prisoners who are remanded to custody by a U.S. Marshal may only be re- leased to a U.S. Marshal or an agent specified by the U.S. Marshal of the Judicial District. 3. Govei..To ent user agencies agree to maintain federal prisoner population levels at or below the level established by the facility administrator. The facility administrator may establish levels for each user agency. 4. Federal prisoners may not be released from the facility or placed in the custody of state of local officials for any reason except for medical or emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the concurrence of the District U.S. Marshal. ARTICLE IV - PERIOD OF PER19ORMANCE This Agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to con- tinue to house prisoners, the City may suspend or restrict the use of the facility by any or all federal agencies by giving written notice to the U.S. Marshal and the affected user Iagency. Such notice will be provided 30 days in advance or the effective date of formal termination and at least twr:, weeks in advance of a suspension of restriction of use unless an eme enc situation reauires the immediate relocation c-,L7 prisoners. GPO 930-944 • Form USM•24r. I Est.511617"' UNITED STATES MARSHALS SERVICE AGREEMENT NO . Page No. AGREEMENT SCHEDULE (SUPPORT OF U.S PRISONERS) J-E86-M-247 3 of 4 ARTICLE V - ECONOMIC PRICE ADJUSTMENT 1. Payment rates shall be established on the basis of actual costs associated with the operation of the facility during a recent annual accounting period or upon an approved annual operating budget. 2. The rate may be renegotiated not more than once per year, after the'Agreement has been effective for twelve months. 3. The City may initiate a request for a rate increase or decrease by notifying the U.S. Marshal in writing at least 60 days prior to the desired effective date of the adjustment. Each rate adjustment submitted must include a completed Basic Data Sheet and Certifi- cation Form available from the U.S. Marshal. The City agrees to provide additional cost information to support a rate increase and to permit an audit of accounting records upon request of the Marshals Service. 4. Criteria used to evaluate the increase or decrease in the per-capita rate shall be those specified in the federal cost standards for contracts and grants with State and local governments issued by the Office of Management and Budget. �5. The effective date of the rate modification will be negotiated and specified on the IGA Modification fore approved and signed by a Marshals Service Contracting officer. The effective date will be established on the first day of a month for accounting purposes. Payments at the modified rate will 1 be paid upon the return of the signed iil�dification by the authorized local official to the U.S. r",arshal. 6. Unless other justifiable reasons can be documented by the City, per diem rate increases shall not exceed the National Inflation rate as established by the U.S. Depart- ment of Commerce. ARTICLE VI - FINANCIAL PROVISIONS 1. The billing address of the agency using this facility is as follows: United States Marshal Bureau of Prisons 1010 5th Avenue Community Programs Manager Seattle, Washington 98104 915 2nd Avenue Seattle, Washington 98174 Phone: (206) 442-5500 Phone: (206) 442-4441 Immigration & Naturalization Service Asst. Regional Commissioner, PMP Federal Building, Fort Snelling Twin Cities, Minnesota 55111 Phone: (612) 725-4466 2. The government shall reimburse the City at the fixed rate(s) identified on page one of the agreement. The rate(s) cover one person per prisoner day. The government may not be billed for two days when a prisoner is admitted one evening and removed the following morning. The City may bill for the day of arrival but not for the day of departure. ' OPO 930-944 Form USM-2•1. )Fat.A/1i:lii;. UNITED STATE; �RSHALS SERVICE 3REEM'NT NO, Page No. AGREEMENT SCHEDULE (SUPPORT OF U.S PRISONERS) J-E86-:'�i-247 4 of 5 3. Me City shall bill each federal agency for prisoner services provided on a monthly basis. Monthly billing shall list each federal prisoner, the specific dates of confine- ment for each, and the total days to be reimbursed, the agreed upon rate per day, and the total amount billed (total days Multiplied by the rate per day) . 4. At such time as the City of Kent can make twenty (20) beds available to the United States Marshals Service on a continuing basis, it is ti-ie intent of the Marshals Service to guarantee reinburserient to the City for the 20 beds at a rate equal to the actual cost of operation of the beds for a period of five (5) years beginning upon the date they become available. pie level of reimbursement may be adjusted annually to reflect the impact of inflation and other cost factors. Further, while .it is not possible for the Marshals Service to make any commitment regarding funds which have not been appropriated and noen have been made, either im- plicity or explicity, it is the intent of the Marshals Service to assist the City with the cost of constructing such a facility through the provision of funds, excess property, advance of contract funds or other means of reducing direct costs to the City to the extent that availability of funds, other constraints and the best interest of the government permits. This offer shall stand until July 1, 1985. If the twenty beds are not available before that date, the Marshals Service reserves the right to withdraw or modify the offer. CLE VI I.- GOVERNMENT FURNISHED PROPERTY 1. It is the intention of the Marshals Service to furnish excess federal property to. local governments for the specific purpose of improving jail conditions and services. ccountable excess property, such as furniture and equipment, remains titled to the 'larshals Service and shall be returned to the custody of the Marshals Service upon termination of the agreement. 2. raie City agrees to inventory, maintain, repair, assume liability for and manage all federally provided accountable property and to immediately report the loss or destruction f accountable property to the U.S. Marshal. Annual iventory reports will be provided the City to the U.S. Marshal. 3. the suspension of use or restriction of bed space made available to the Marshals Service are agreed to be grounds for the recall and return or any or all government furnished property. 7he dollar value of property provided each year will not exceed the annual dollar payment made by the Marshals Service for prisoner support. AFMCLE VIII - MODIFICATIONS/DISPUTES Either party may initiate a request for modification to this agreement in writing. 1 modifications negotiated will be written and approved by the U.S. Marshals Service ntracting officer and submitted to the City on form USM 241a for approval. Disputes, questions or concerns pertaining to this agreement will be resolved between he U.S. Marshal and the appropriate City official. Unresolved issues are to be directed o the Chief, Prisoner Support Division, U.S. Marshals Service Headquarters. GPO 930.944 - Form USM-tat, 4EsL 5/16/78) UNITED STATES`ivIARSHAIS SERVICE GREEMENT NO, Page No. AGREEMENT SCHEDULE (SUPPORT OF U.S PRISONERS) J-E86-M-247 5 of 5 ARTICLE IX - INSPECTION AND TECHNICAL ASSISTANCE 1. The City agrees to allow periodic inspections of the facility by U.S. Marshals Service Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations, conditions of confinement and levels of services. 2. The Marshals Service will endeavor to provide or acquire technical training and management assistance from other federal, state or local agencies or national organizations upon the request of the facility administrator. sva"0.944 Form USM-24� Est.5116/78 i