Title
a. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign Agreement with USC Internal Merger Co, LLC dba US Corrections, LLC, for prisoner extradition services for the Sheriff’s Office. The initial term of the Agreement will begin July 1, 2019 (retroactive) and terminate June 30, 2022. This Agreement is retroactive due to the amount of time it took for the vendor to successfully register as a vendor with the County of Monterey. Work contracted under this Agreement shall not exceed a total cost of $99,000.00, and will be in accordance with the terms and conditions set within the Agreement; and
b. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to approve two (2) additional one (1) year amendments to the contract, provided that the amendment does not significantly change the scope of services and where the amendments in total do not increase the contract value more than $35,000 per year, for a new not to exceed maximum of $169,000.00.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign Agreement with USC Internal Merger Co, LLC dba US Corrections, LLC, for prisoner extradition services for the Sheriff’s Office. The initial term of the Agreement will begin July 1, 2019 (retroactive) and terminate June 30, 2022. This Agreement is retroactive due to the amount of time it took for the vendor to successfully register as a vendor with the County of Monterey. Work contracted under this Agreement shall not exceed a total cost of $99,000.00, and will be in accordance with the terms and conditions set within the Agreement; and
b. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to approve two (2) additional one (1) year amendments to the contract, provided that the amendment does not significantly change the scope of services and where the amendments in total do not increase the contract value more than $35,000 per year, for a new not to exceed maximum of $169,000.00.
SUMMARY/DISCUSSION:
The Monterey County Sheriff’s Office (MCSO) requests approval of this Agreement with non-standard language. County Counsel has reviewed and approved the vendor requested language changes to section 7.01, 8.01, 12.01 and removal of sections 7.02 and 10.05; County Counsel has added language to section 15.11 on behalf of the County to strengthen the Agreement. There is an increase built into the two additional one-year amendments in anticipation of normal transportation cost increases for prisoner extradition services.
Extradition in the State of California is governed by the Uniform Criminal Extradition Act and Penal Code Sections 1548-1558. It is a complex process that takes place under the auspices of the Governors and the court system and district attorneys in each state.
Extradition may occur when a person has escaped from prison or jail, or has fled the state and has violated the terms of their bail, probation or parole. A warrant is issued from California that allows other states to arrest the accused, command aid from out of state law enforcement agents to execute the warrant, and deliver the accused to out of state authorities for extradition. All potential extradition cases come before a magistrate, and persons can request due process time to retain counsel if they choose to contest the extradition process.
Once it has been determined that a person will be extradited back to Monterey County, the county is allowed, under Penal Code Section 1557, to hire an extradition agent to return a prisoner to Monterey County. Extradition agents must be registered with and authorized by the State of California to perform this service. The Sheriff’s Office uses extradition agents only after a comparison of costs incurred for using internal personnel, meals, and transportation as compared to cost of utilizing an extradition service. Extradition services are used for most long distance (farther than two states away) extraditions.
This is not an exclusive contract, and the Sheriff will continue to use additional agents for the extradition process.
A copy of this Agreement is on file with the Clerk of the Board.
OTHER AGENCY INVOLVEMENT:
County Counsel, the Auditor-Controller, and the Contracts/Purchasing Department have reviewed and approved this Agreement as to legal form, fiscal provisions, and insurance requirements, respectively.
FINANCING:
This vendor does not have any agreements with the County of Monterey; the total aggregated cost is $0.00.
The cost of this contract was anticipated and included in the FY 2019-20 approved budget. Approval of this contract will not create an increase in General Fund Contribution.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This contract meets the Board’s strategic initiatives by meeting the Board’s desire to:
Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow while reducing violent crimes.
Mark a check to the related Board of Supervisors Strategic Initiatives
Economic Development
Administration
Health & Human Services
Infrastructure
X Public Safety
Prepared by: Arthur Curtright, Management Analyst II, Extension #3708
Approved by: Steve Bernal, Sheriff/Coroner, Extension #3750
Attachment: Agreement between County of Monterey and USC Internal Merger Co, LLC dba US Corrections, LLC