INTERGOVERNMENTAL AGREEMENT
J:GA 834-12

between the
Federal Bureau of Prisons
Department of Justice
320 First Street, NW
Washington, D.C.

u.s.

and
Lane County Sheriff's Office

125 East Eighth Avenue
Eugene, Oregon
Pursuant to relevant authority contained in federal and state
laws, including authority contained in 18 United States Code
{U.S.C.} § 4002, this Intergovernmental Agreement {IGA or
Agreement) is entered into between the United States Department
o.f Justice Federal Bureau of Prisons {BOP) and Lane County
Sheriff's Office (Lane county), Eugene, Oregon. The parties
herepy agree as follows:
1.

PURPOSE/SCOPE:

(A)

This Agreement is intended to establish
responsibilities of the parties and procedures for
Lane County to provide secure custody, housing,
safekeeping, subsistence, home detention, and care for
one or more federally adjudicated male and female
inmates, hereinafter referred to as BOP inmates.

(B)

Nothing contained in this Agreement shall be construed
to abrogate, impair, alter, or amend any other
agreement or contract now in effect between the
parties relating to any cther.subject.

(C)

Third Party Contracts. Lane County shall not enter
into any contract for overall management and operation
of Lane County Community Corrections Center without
providing thirty (~0} days written notice to BOP of
the intent to contract
modify said contracts. BOP

or

Page 1 of 13
IGA 834-12

shall not be liable for any claim arising under said
contracts including modifications thereto.
2.

PERFORMANCE:

(A)

Lane County shall:
1.

Provide secure custody, housing, safekeeping,
subsistence,· and care for one or more BOP inmates
under the terms of this· Agreement, subject to the
availability of suitable space, at Lane County
Community Corrections Center, 75 West Fifth
Avenue, Eugene, Oregon, in accordance with the
Statement of Work (SOW) , ''Contract Detention
Services (Jail with work Release), dated
February 6, 2012."
·

2.

Allow BOP to designate federally adjudicated
inmates, hereinafter referred to as BOP inmates,
to Lane County Community Corrections Center;
Eugene, Oregon.

3.

Advise BOP Residential Reentry Manager (RRM) of a
rejected placement within forty-eight (48} hours
after referral and allow BOP RRM seventy-two (72)
hours to re-assign BOP inmate.

4.

Provide BOP RRM with progress reports, as
outlined in the SOW, for each BOP inmate placed.

5.

Submit all requests for medical, disciplinary, or
security transfer(s) of a BOP inmate to BOP RRM.

6.

Submit to BOP RRM all invoices requesting
reimbursement by the tenth day of each month
following the month the service was provided.

7.

At all times, allow the access to Lane County

Community Corrections Center, BOP inmates, and
all records pertaining to this agreement,
including finc:uicial records, as BOP may require.
8.

Notify BOP of. any incident which would likely
result in litiga~ion or alleged criminal activity
by a BOP inmate.

Page 2 of. 13
IGA 834-12

(B)

9.

Comply with the Freedom of Information Act,
5 U.S.C. § 552, and the Privacy Act, 5 U.S.C.
§ 552a, regarding the release of inmate records.

10.

Lane County shall collect the Deoxyribonucleic
Acid (DNA) samples as per the sow.

BOP RRM shall:
1.

Forward to Lane County copies of pre-sentence
report(s) and information to accomplish placement
and follow-up on administrative requirements.

2.

Visit Lane County to meet and speak with all BOP
inmates and ensure that BOP inmates have the
name, address, and telephone number(s} of BOP
RRM.

3.

3.

Certify Lane.County's invoice(s) for payment and
forward the invoice(s} to BOP Regional office for
payment.

4.

Advise each BOP .inmate of appropriate procedures
to follow in raising concerns about BOP issues.

PERiOD OF PERFORMANCE:

This Agreement shall become effective July 1, 2012, and
remain in effect for a period not to exceed three (3)
years, until June 30, 2015, in accordance with 18 U.S.C.
§ 4002.
Any provisions which require performance
after the expiration or termination shall remain in force
notwithstanding the expira~ion or termination of this IGA.
4.

MODJ:FJ:CATJ:ON:

This Agreement, or any of its specific provisions, may be
revised or modified by signatory concurrence of the
undersigned parties, or their respective official
successor~.
If any provisions of this IGA become invalid
or unenforceable, the remaining provisions shall remain in
force and unaffected to the extent permitted by law and
regulation.

Page 3 of 13
:IGA 834-12

5.

TERMINATXON:

This Agreement shall expire on June 30, 2015 or be
terminated by either party upon one hundred and eighty
(180) days advanced written notice to the other party, or
sooner by signatory concurrence of both parties.· Within
one htindred and eighty (180) days after giving unilateral
termination notice to Lane County, or receiving unilateral
termination notice from Lane County, BOP shall retake
custody of all BOP inmate(s) transferred to Lane County
under this Agreement. Lane County agrees to consult with
BOP at least ninety (90) days prior to any termination_
action(s) to allow BOP sufficient time to prepare for loss
and replacement of services.
6.

CONTRACTJ:NG OFFJ:CERS' TECHNJ:CAL REPRESEN'l'AT:IVE (COTR):

Kevin P. Straight, Residential Reentry Man~ger, Seattle
Office, 2425 South 200 Street, Post Office Box 13901,
Seattle, Washington.98l98, phone (206) 870-1088, or his
successor, is hereby designated as COTR for this Agreement.
This designation does no~ include authority to sign
contractual documents, or to otherwise commit to or issue
changes which could affect the price, costs, or monetary
terms and conditions of this ~greement.. The COTR is
authorized to resolve technical direction/redirection of
work, in writing, signed by both parties.
7.

PADIENT RATE:
(A)

In consideration for Lane County's performance under
the Terms and Conditions of this Agreement, BOP shall
make payment to Lane County for each BOP inmate
accepted and housed by Lane County. Payment will be
made at a rate. equal to the appropriate cost
per-inmate, per-day for Lane County based upon the
established daily per diem rates which are allowable
and allocable in accordance with the Office of
Management and Budget Circular A-87, "Cost Principles
for State, Local., and Indian Tribal Governments," as
revised and amended. The rate for Lane County is the
per diem rate for the support of one inmate per day
and shall include the day of arrival but not the day
of departure. Lane County shall charge BOP for only
those costs which are directly related to the housing
and detention of BOP inmates.
Page 4 of 13
l:GA 834-12

(B)

(C)

UNALLOWABLE COSTS include, but are not limited to·:
1.

Salaries of elected officials.

2.

Salaries of employees not directly engaged in the
housing and detention of BOP inmates.

3.

Indirect costs in which a percentage of all local
government costs are pro~rated and applied to
individual departments.

4.

Inmate services which are not provided to, or
cannot be used by, BOP inmates.

5.

Operating costs of facilities not utilized.by BOP
inmates.

The current rate is: $121.33 per inmate, per day for
housing BOP inmates at Lane County·. The rate for home
detention services is $60~67 per inmate per day. The
estimated maximum number of BOP inmates per day to be
housed under this Agreement is 28. The estimated
total value of this Agreement is not to exceed:
$3,719,977.80.

(D)

8.

Nothing contained herein shall. be construed to
obligate the Federal Bureau of Prisons 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.

BILLING PROCEDURE:

(A)

Invoices - Invoices shall itemize each BOP inmate by
name, register number, dates of stay, appropriate
inmate-day rate, facility, and shall contain a
remittance address. Billing shall be based upon the
actual number of inmate-day(s.)· used. The invoices
shall be based upon the estal::>lished daily per diem ·
rate for Lane County which is· allowable and alloGable
in accordance with the ·office of Management and Budget
Circular A-87, "Cost Principles for State_, Local, and
Indian Tribal Governments," as revised and amended.
Invoices for medical care should reference BOP
inmate's name, register number and date of service.

Page 5 of 13
XGA 834-12

(B)

Invoice Submission - Lane County shall. submit complete
[as described in 8(A) above] invoices to BOP at the
following addiess:
Federal Bureau of Prisons
Seattle Residential Reentry Office
P.O. Box 13901
Seattle, WA 98198
Attn: Kevin P. Straight

(C)

9.

Payment
1.

BOP shall make paymen·ts to Lane County upon
receipt of a complete [as described in 8(A)
above] invoice.. All payments shall be
accomplished tht::ough Electronic Funds Transfer
{EFT) .

2.

The .Prompt Payinent ·Act, 31
apply.

3.

Payments made under this _agreement shall be
cht?,rged to BOP accounting code FP060009Tl
YREGDOC number FY 2012 - LT114009.

u.s.c.

§

:3902, shall

PRICE REDETERMiNATiON:

This is a fixed unit-price Agreement. The inmate~day rate
is as stat.ed in section 7 (:C) above. Price redete+mination
shall, if allowable, be adjusted upward or downward as
follows:
(A)

General - The prices for services performed prior to
the first effective date of price redetermination
shall remain fixed.

(B)

Performance Periods - For the purpose of price
redeterminationi the performance of this Agreement is
divided into one-year perio¢ls. The first period shall
extend from the effective date of the Agreement
forward for twelve {12) months. All succeeding
periods shall begin on the anniversary date of the
preceding period.

{C)

Supporting Data - Not more· tha~ sixty (60) calendar
days, nor les.s than thirty (30} calendar days, before
Page 6 of 13
:IGA 834-12

the end of each performance period, Lane county shall,
if the price/costs change, submit to BOP:
Proposed prices for services which may be performed in
· the next succeeding period under this Agreement,
together with:
1.

A breakdown of the estimated costs of such

services on forms supplied by BOP;
2.

Sufficient data to support the accuracy and
reliability of such estimates; and,

3.

An explanation of any differences between such

estimates and the prices for the same services in
the current performance period.
(D)

10 .

Redetennination by Modification - All negotiated price
redeterminations shall be evidenced by a Modification
to this Agreement signed by L.ane County arid BOP. The
Modification(s) shall set forth the re-determined
prices and services to be performed during the next
period in accordance with the provisions above,
including Section 4.

DELJ:VERY OF BOP J:NMA'l'E:

Upon receipt of written approval from Lane County< BOP at
its own expense, shall deliver BOP inmate(s) to be
transferred to location(s) agreed upon by both parties.
11.

TRANSFER COSTS:

Personal property in excess of the release amount
authorized by BOP shall be mailed to BOP inmate's residence
prior to-transfer and Lane County will be responsible for
these mailing costs. All other costs incident to the
transfer of a BOP inmate, as well as transportation costs
related to the release of a BOP inmate, shall be the
responsibility of BOP.
12 • . MEDICAL SERV::CCES:

Medical Services shall be provided in accordance with the

sow.

Pag.e 1 o£ 13
:IGA 834-12

(A)

If preauthorized by the RRM office, BOP shall be
responsible for all routine medical care for BOP
inmates.
1.

2.

13 •

Major medical costs, as determined by the RRM
office, will be paid directly by BOP to the
·medical services provider. Invoices to be
directly paid by BOP shall be forwarded to BOP
within seyen (7) days of receipt by Lane County.
BOP will reimbu~se Lane County for mino~ medical
costs, as determined by the RRM office. Invoices
to be reimbursed to Lane County shall be
submitted with the monthly billing.

(B)

In the event of an emergency,·Lane County shall expend
all necessary efforts to provide the'inmate adequate
medical attention and s~all be reimbursed by BOP for
the reasonable costs thereof, regardless of whether
prior approval of the RRM office was obtained.

(C)

Medical invoices for outside medical treatment shall
be forwarded to BOP within thirty (30) days of receipt
by Lane County.

OVERPAYMENT/UNDERPAYMENT:

If BOP has overpaid Lane County, all such overpaid amounts.
shall be deducted from the monthly billing following
discovery and confirmation.
14.

CQLLECTJ:ON FROM BOP J:NMATES:

Any subsistence monies collected from· a BOP inmate,
including medical co-payments, shall be deducted from the
monthly billing and verified by a copy of the receipt
attached with Lane County invoice, unless disposition of
the monies is otherwise specified.
15 .

-TRANSFER:

Prior to transfer, BOP will request permission from Lane
County to transfer a BOP inmate to the care and custody of
Lane County at Lane County. A separate .application shall
be submitted for each BOP inmate proposed for transfer.
Page 8 of 13
I:GA 834-12

Each application for transfer .shall include the following:

16.

(A)

Copies of all documents which relate to BOP inmate's
case history, physical, and clinical record(s);

(B)

Copies of all judicial and administrative rulings and
orders relating to the inmate and the sentence(s)
imposed, including confinement.

DISCIPLINE:

Discipline shall be handled in accordance with the SOW.
Lane County shall have physical control over, and power to
exercise disciplinary authority upon, a transferred BOP
inmate. While in the custody of Lane County, BOP inmate
shall be subject to State laws, rules, and regulations
consistent with the sentence imposed and all Federal laws,
rules, and regulations. Nothing cqntained herein shall be
construed to authorize or permit the imposition of a
discipline or action prohibited by Federal law. Lane
County shall ensure disciplinary procedures comply with
applicable due process.
17.

ESCAPE:

If a BOP inmate escapes, Lane County shall immediately
notify BOP. After notification, BOP shall have t?e primary
responsibility and authority to direct the pursuit and
retaking of such escaped BOP inmate. Lane County shall use
all reasonable means to recapture the escaped BOP inmate
and may be responsible for all reasonable costs in
connection therewith.
18.

DEATH OF A BOP :INMATE:

In the event of the death of a BOP inmate, Lane County
shall: (1) immediately notify BOP of the death; (2) furnish
information as requested by BOP; and {3) follow
instructions given by BOP with regard to the disposition of
the body. The body.shall NOT be released except upon
written order of BOP. All expenses relative to the
necessary preparation and disposition of the body; as well
as the duty to notify the nearest relative of the deceased
inmate, will be the responsibility of BOP.

Page 9 of 13
XQA 834-12

The provisions of this paragraph shall govern only the
contrac·tual relationship between BOP arid Lane County and
shall not affect the responsibility of relatives or other
persons for the disposition of the deceased and for
expenses connected therewith.
19.

INTER-iNSTITUTIONAL TRANSFERS:

Lane County may NOT relocate a BOP inmate from one Lane
Cotinty Jail under its.control to another without prior
written permission of BOP. BOP inmates causing safety
and/or security concerns may be transferred iimnediately,
followed by written notification to BOP.
20 .

'RETAXJ:NG OF BOP INMATE UPON RELEASE:

Upon the. lawful termination of a BOP imnate's commitment,
BOP s.hc~:ll accept deli very of .BOP ir;l.Il\ate at BOP's expense.
However, by agreement between the parties and a·oP· inmate,
BOP i!li£late may be discharg_ed, conditionally qr otherwise,
at a mutually agreed upon locat.ion.
2·1 •

MAJ:LJ:NG ADDRESSES:

All notices,. reports, redirection of work, and
correspondence to the respective parties to this Agreement
shall be sent to the following:
Lane County:

Liane Richardson., County Adniirtistrator
Lane County
125 East E~ghth Avenue
Eugene, Oregon 97401
Phone:

BOP:

(541)

682-4150

Federal Bureau of Prisons
Construction Contracting Section
320 First St., NW, 500-6
Washington, DC 2053.4

Phone:

(202) 307-0954

Page 10 of 13
:tGA 834-12

22 .

23.

LIABILITY /INDEMNITY:

(A)

Each party to this Agreement shall be responsible for
any liability arising from its own conduct.
Neither
party agrees to insure, defend, or indemnify the
other.

(B)

Lane County and BOP do not waive sovereign immunity by
entering into this Agree~ent, and specifi~ally retain
immunity and all defenses available to them as
sovereigns pursuant to all federal, state and tribal
laws.

(C)

Each party shall cooperate with the other party in the
investigation and resolution of administrative actions
and/or litigation arising from conduct related to the
responsibilities and/or procedures addressed herein.

AGENCY INTERFACE / DISPUTES:
(A)

The parties agr~e that, in the event o£ a dispute
between the parties, the parties will us·e their best
. efforts to resolve the dispute in an informal fashion
throug:h consultation and communication, or other forms
of non-binding alternative dispute resolution mutually
acceptable to the parties.

(C)

Should questions arise and need further clarification,
BOP and Lane County establish the following direct
lines of communication to ensure timely responses to
inquiries. The following persons)positions are the
primary points of contact for the named subject areas:

(1)

Aqreement Administration:
modifications, notices) :

Lane County:

(Correspondence,

Liane Richardson, County Administrator
Lane County
125 East Eighth Avenue
Eugene, Oregon 97401
Phone:

(541)

682-4150

Page 11 of _13
IGA 834-12

BOP:

Federal Bureau of Prisons
Construction Contracting Section
320 First St., NW, 'S00-6
Washington, D.C~
20534
Phone:
Fax:
(2)

Technical Requirements:
of work, rulings):

Lane County:

(Applications, direction

Liane Richardson, County Administrator
Lane County
125 East Eighth Avenue
Eugene, Oregon 97401
Phone:

BOP:

{202) 307-0954
(202} 616-6055

(541} 682-4150

Federal Bureau of Prisons
Seattle Residential Reentry Office
P.O. Box 13901
Seattle, WA 98198
Attn: Kevin P. Straight

24 •

AUTHORIZED USER OF AGREEMENT:

The United States Proba~ion and Pretrial Services System
are authorized users of this Intergo·vernmental Agreement
subject to the availability of space on a case-by-case
basis.
All billinc.;rs. regarding the Pre:trial inmates are the
direct responsibility of the United States Probation and
Pretrial Services System and shall be billed to the
appropriate district office.
BOP s~all not be liable for
any claims arising from the use of the IGA by the United
States Probation and Pretrial Services System.
U.S. Probation
405 East 8~ Avenue, Suite 1000
Eugene, Oregon 97401
U.S. Marsha].s
1000 SW 3rd Avenue, Suite 401
Portland, Oregon 97204

Page 12 of 13
IGA

834~12

r

m WITNESS WHEREOF, the undersigned, duly-authorized officers
have subscribed their names on behalf of the Federal Bureau of
Prisons and Lane County (Lane County Sheriff's Office).
ACCEPTED: BY
U.S. DEPARTMENT OF JUSTICE

LANE COUNTY

Llane Richardson
County Administrator

FEDERAL BUREAU OF PRISONS

CB~~
Acting Procurement Executive

~[t~(rv
Date

Page 13 of 13
:IGA 834-12

•

l

IN THE BOARD OF COUNTY COMMISSIONERS OF Lane County, OREGON

ORDER NO.
12-04-25-04

e..~pires

)IN THE MATTER OF DELEGATING AUTHORITY
)TO THE COUNTY ADlVIINISTRATOR ':(0 EXECUTE
)A.l'l INTERGOVERl~NTAL AGREEMENT
) BET'\VEEN THE FEDERAL BUREAU OF PRISONS
) AND LANE COUNTY TO ESTABLISH THE PER
) DIEIVI DAU,Y RATE
.

vVHEREAS, the Federal Bureau of Prisons' cw-rent Intergovernmental Agreement
April30, 2012.

WHEREAS, the Federal Bureau ofPl'isons (BOP) has agreed to a daily per diem rate
of $121.33 for federal inmates boused at the Community Cot·rections Center.
\VHEREAS, the I11tergovernmental Agreement ·will be for a period oftbJ:ee (3) years,
effective May 1, 2012, and is expected to gene1·ate appt·oximately $3.7 Million in revenue.

WHEREAS, Lane Manua121.145 requh·es Board of Commissioner approval fo1·
execution of an Agreement ·which exceeds $100,000.
IT IS HEREBY ORDERED that the Board of County Commissioners a·uthorize
execution by the County Administrator the Fcdel'al Burcatl of Pl'isons Intergovel'lllnental
Agreement following review and approval by Lane Co\mty Legal Counsel.
Adopted this:

25th day of Apri12012

~
v(!:
-~
~~ ~Commissioners
Co\Jnty