United States of America v. State of California et al

Filing 213

NOTICE of filing second amended declaration of Cherokee Melton in opposition to 2 Motion for Preliminary Injunction. (Attachments: # 1 Second Amended Declaration of Cherokee Melton, # 2 Exhibit A-L, # 3 Exhibit M-P, # 4 Exhibit Q-S)(Melton, Cherokee) Modified on 10/22/2018 (Kastilahn, A).

EXHIBIT Q

201

IN WITN~ss W HEREOF, the undersigned, duly authorized officers, have subscribed their
names on behalf of the City of McFarland and Department of Homeland Security, U.S.
immigration and Customs Enforcement.
ACCEPTED:

ACCEPTED:

U.S. Immigration and Customs Enforcement

City of McFarland, CA

Roberta J Halls

Contrac~w
Signai.tre: ~ ~
Date:

I - a-:"J- 1
S

Updated: 11/18/2014

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EXHIBIT R

253

Fadlity Management Agreement Exea~tive Approval Form
(Fonn must be filled out completely)
This form should be the cover page for all new contracts and forwarded to the BDSG Administrative Assistant (wBb
final contract> for dlstrfbutlon

Please check appropriate box:

0

0

Proposal

Draft Contract

l8l

Final Contract

Description of Agreement 1 RFP 1 Amendment submitted for approval:
New contract for the management and operation of an existing, secure fnstlb.rtlon at a single site to
house an estimated

ICE detainees. Current lease with San Diego COunty expires 2015. Therefore,

investment of a new facility may be required at that time.
Date Submitted to Executive Board:
By his/her signature below, the CUstomer Relations Manager represents that he or she has submitted the
Agreement I RFP 1 Amendment to the Board with supporting summaries and flnandals as required by Fadlity
Support Center Polley 1·2.

Senlor~frrhe?ftRelns
Revle ed a

Alfrov

b •

.,

I

Executive Management Signatures of Approval

~-

Chief ~cutlve Offlc:er

~~£:~'>

4

a:A Fac_Mgmt..exec.....APp_Form
Revised 1.31.05
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EXHIBIT S

380

u. s.

Detention Services
Intergovernmental Agreement

Department of Justice
United States Marshals Service

3. Facility Code(s)
4. DUNS Number
00-766-9216
9MJ
6. Local Government
Contra Costa County
West County Detention Facility
5555 Giant Highway
Richmond, CA 94806
Tax ID#: 94-6000509
8. Local Contact Person

1. Agreement Number
2. Effective Date
11-09-0034
See Block 19
5. Issuing Federal Agency
United States Marshals Service
Prisoner Operations Division
Office of Interagency Agreements
Washington, DC 20530-1000
7. Appropriation Data
1SX1020

9. Tel:
Email:

.,..,

.....

..........·.Nuatlaer of
10. This agreement is for the housing,
safekeeping, and subsistence of federal
prisoners, in accordance with content set
forth herein.
13. Optional Guard/Transportation Services to:

11.
Adult Male:

so

Per-Diem Rata
12.

$82.00
Adult Female: 25
14.
Guard/Transportation Hourly Rate:

181 Medical Facility

$N/A

0 U.S. Courthouse

Mileage shall be reimbursed by the Federal Government at the GSA
Federal Travel Regulation Mileage Rate.

15. Local Government Certification

16. Signature of Person Authorized to Sign (Local)

To the best of my knowledge and belief,
information submitted in support of this
agreement is true and correct, this document
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.

Joseph Caruso
Print Name
Commander
Title

17.Prisoner and
Detainee Type
Authorized

18. Other Authorized
Agency User

181 Adult Male
181 Adult Female

0 BOP

0 Juvenile Male
0 Juvenile Female

0 ICE

19. Signature of Person Authorized to Sign (Federal)

Mary Horsey
Print Name
Grants Specialist
Title

SEP 2 1 2009
Date

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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 U.S. Courthouse .............. 6

Special Notifications ..................................................................... 7
Prisoner Rape Elimination Act (PREA) ............................................. 7
Service Contract Act .................................................................... 7
Per-Diem Rate ............................................................................. 8
Billing and Financial Provisions ...................................................... 8
Payment Procedures .................................................................... 9
Modifications and Disputes ............................................................ 9
Inspection of Services .................................................................. 9
Litigation .................................................................................... 9
Prisoner Rape Eli ml nation Act Reporting Information ...................... 11

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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.

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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 financially
responsible for all medical care provided inside the facility to federal detainees. This
includes the cost of all medical, dental, and mental health care as well as the cost of
medical supplies, over the counter prescriptions and, any prescription medications
routinely stocked by the facility which are provided to federal detainees. The cost of all
of the above-referenced medical care is covered by the federal per diem rate. However,
if dialysis is provided within the faclllty, the Federal Government will pay for the cost of
that service.
The Federal Government is financially responsible for all medical care provided outside
the facility to federal detainees. The Federal Government must be billed directly by the
medical care provider not the Local Government. In order to ensure that Medicare rates
are properly applied, medical claims for federal detainees must be on Centers for
Medicare and Medicaid (CMS) Forms in order to be re-priced at Medicare rates In
accordance with Title 18, USC Section 4006. The Local Government is required to
immediately forward all medical claims for federal detainees to the Federal Government
for processing.
All outside medical care provided to federal detainees must be pre-approved by the
Federal Government. In the event of an emergency, the Local Government shall
proceed immediately with necessary medical treatment. In such an event, the Local
Government shall notify the Federal Government immediately regarding the nature of
the federal 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 100-Prisoner Health Care Standards
(www.usmarshals.gov/prisoner/standards.htm) and in compliance with USMS Inspection
Guidelines, Form USM-218 Detention Facility Investigative Report. The Local
Government is responsible for all associated medical recordkeeping.
The facility shall have in place an adequate infectious disease control program which
includes testing of all federal detainees for Tuberculosis (TB) as soon as possible after
intake (not to 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 promptly documented in the federal detalnee's
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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 lmmedlately notify the Federal Government of any cases of
suspected or active TB or any other highly communicable disease such as Severe Acute
Respiratory Syndrome (SARS), Avian Flu, Methiclllln-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. When possible, generic medications should be prescribed. Medical records
must travel with the federal detainee. If the records are maintained at a medical
contractor's facility, It is the Local Government's responsibility to obtain them before a
federal detainee is moved.
Federal detainees may be charged a medical co-payment by the Local Government in
accordance with the provisions of Title 18, USC Section 4013(d). The Federal
Government is not responsible for medical co-payments and cannot be billed for these
costs even for indigent federal prisoners.

Receiving and Discharge of Federal Detainees
The Local Government agrees to accept federal detainees only upon presentation by a
law enforcement officer of the Federal Government with proper agency credentials.
The Local Government shall not relocate a federal detainee from one facility under its
control to another facility not described in this Agreement without permission of the
Federal Government.
The Local Government agrees to release federal detainees only to law enforcement
officers of the Federal Government agency initially committing the federal detainee (i.e.,
Drug Enforcement Administration, Immigration and Customs Enforcement, etc.) or to a
Deputy United States Marshal (DUSM). Those federal detainees who are remanded to
custody by a DUSM may only be released to a DUSM or an agent specified by the DUSM
of the Judicial District.
USMS federal detainees sought for a state or local court proceeding must be acquired
through a Writ of Habeas Corpus or the Interstate Agreement on Detainers and then
only with the concurrence of the district United States Marshal (USM).

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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
qualified law enforcement
or correctional officer personnel. If the Local Government is unable to meet this
requirement, the Local Government may seek a waiver of this requirement from the
local USM.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requirement for security, prisoner monitoring, visitation, and
contraband control.
If an hourly rate for these services has been agreed upon to reimburse the Local
Government, it will be stipulated on page one (1) of this Agreement. Mileage shall be
reimbursed in accordance with the current GSA mileage rate.

Optional Guard/Transportation Services to U.S. Courthouse
If U.S. Courthouse in block 13 on page one (1) of this Agreement is checked, the Local
Government agrees, subject to the availability of its personnel, to provide transportation
and escort guard services for federal detainees housed at its facility to and from the U.S.
Courthouse.
law enforcement
These services should be performed by at
or correctional officer personnel. If the Local Government is unable to meet this
requirement, the Local Government may seek a waiver of this requirement from the
local U.S. Marshal.
The Local Government agrees to augment this security escort if requested by the USM to
enhance specific requirements for security, detainee monitoring, and contraband control.
Upon arrival at the courthouse, the Local Government's transportation and escort guards
will turn federal detainees over to a DUSM only upon presentation by the deputy of
proper law enforcement credentials.
The Local Government will not transport federal detainees to any U.S. Courthouse
without a specific request from the USM who will provide the detalnee·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.
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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. MIieage 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:
www.arnet.gov.
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.
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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 firm-fixed 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 day of departure.
After thirty-six (36) months, if a rate adjustment is desired, the Local Government shall
submit a request through the Electronic Intergovernmental Agreements area of the
Detention Services Network (DSNetwork). All information pertaining to the jail on the
DSNetwork will be required before a new per-diem rate can be considered.
Billing and Financial Provisions
The Local Government shall prepare and submit for certification and payment, original
and separate invoices each month to each Federal Government component responsible
for federal detainees housed at the facility.
Addresses for the components are:
United States Marshals Service
Northern District of California
U.S. Courthouse/Philip Burton Bldg.
450 Golden Gate Avenue, Room 20-6888
San Francisco, CA 94102
( 415) 436-7677
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Agreement Number 11-09-0034

To constitute a proper monthly invoice, the name and address of the facility, the name
of each federal detainee, their specific dates of confinement, the total days to be paid,
the appropriate per-diem rate as approved in the Agreement, and the total amount
billed (total days multiplied by the per-diem rate per day) shall be listed, along with the
name, title, complete address and telephone number of the Local Government official
responsible for invoice preparation.
Nothing contained herein shall be construed to obligate the Federal Government to any
expenditure or obligation of funds in excess of, or In advance of, appropriations in
accordance with the Anti-Deficiency Act, 31 U.S.C. 1341.
Payment Procedures
The Federal Government will make payments to the Local Government on a monthly
basis, promptly after receipt of an appropriate Invoice. The Local Government shall
provide a remittance address below:
Contra Costa County
5555 Giant Highway
Richmond, CA 94806
Modifications and Disputes
Either party may initiate a request for modification to this Agreement in writing. All
modifications negotiated will be effective only upon written approval of both parties.
Disputes, questions, or concerns pertaining to this Agreement will be resolved between
appropriate officials of each party. Both parties agree they will use their best efforts to
resolve the dispute in an informal fashion through consultation and communication, or
other forms of non-binding alternative dispute resolution mutually acceptable to the
parties.
Inspection of Services
The Local Government agrees to allow periodic inspections of the faclllty 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 pleadlngs flied or said litigation within five (5)
working days of the filing.

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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.

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