Cost Quotes Provided to CDCR by CCA for Transport of Offenders

Beryl Lipton filed this request with the Department of Corrections and Rehabilitation of California.
Tracking #

2014-003926

Est. Completion None
Status
Withdrawn

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the California's Sunshine Amendment (Cal. Const. Art. I, ยง 3(b)), I hereby request the following records:

All cost quotes provided since January 1, 2013 by Corrections Corporation of America (also referred to as "Contractor") to the California Department of Corrections and Rehabilitation (CDCR) as necessitated by Article III (CDCR Offenders), Section 3.04 of Agreement Number C07.247. Please also include the determination (acceptance or rejection) for each quote.

The aforementioned portion of the Agreement states:

"Section 3.04 Costs of Transport of Offenders.

Except as othenwise provided below, CDCR shall reimburse Contractor for the cost of transporting offenders between the transfer point in California and Facility, and between Facility and transfer point in California as follows:

A. Cost of airframe and crew ("charter costs") at actual cost. Contractor agrees to provide CDCR with the cost quote for any transfer and CDCR shall have 48 hours to approve or reject that quote. If CDCR rejects a quote, CDCR shall cooperate with Contractor to obtain a replacement service provider to provide the same service at a rate acceptable to CDCR. If a better quote cannot be obtained through these efforts, CDCR agrees to allow Contractor to utilize the initial provider.

B. Costs of guarding to be reimbursed to Contractor at their cost of salary and fringe benefits for each guard accompanying the transportation of offenders. Salary and fringe is defined for this section as actual salary plus 26% of salary in addition thereto to cover the fringe benefits. In addition, Contractor shall be entitled administrative overhead on said amounts calculated for guarding at a rate of 15% of the base salary. Contractor shall be reimbursed for mileage for ground transportation of offenders from the receiving State drop off point to the facility at the rate then in effect and used by the Internal Revenue Service for calculation of mileage.

C. In the event Contractor requests the return of an offender to California, or the transfer of an offender to another CCA facility, who otherwise meets the criteria of the receiving state and meets the criteria of CDCR and has been placed in a facility with the initial agreement of the Contractor, then in such event Contractor shall be responsible for the transportation and property costs associated with said return.

D. Contractor shall pay for the cost of four (4) mass airlifts and associated security and other costs from the designated California airport to the North Fork Correctional Facility during the ramp up period for such facility."

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com. They will be processed by a representative of the news media/press, and they are being requested in the interest of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Beryl Lipton

From: Mraule, Michelle@CDCR

Good Afternoon Mr. Lipton:

Attached is the California Department of Corrections and Rehabilitation's initial response to your Public Records Act request of July 16, 2014, extending the time to provide you with a determination until August 8, 2014.

Please let me know if you have any questions.

Thank you

Michelle Mraule - Associate Governmental Program Analyst
California Department of Corrections and Rehabilitation
Office of Public and Employee Communications
(916) 445-4950 - Office
(916) 445-8492 - Direct Line
Michelle.Mraule@cdcr.ca.gov<mailto:Michelle.Mraule@cdcr.ca.gov>

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Beryl Lipton

Hello Ms. Mraule,

Thank you very much for your response. I look forward to hearing from you again.

Have a lovely weekend!
Beryl

From: Mraule, Michelle@CDCR

Good Afternoon Mr. Lipton,

Please see the attached letter regarding an extension of time to respond to your public records act request dated July 23, 2014.

If you have any questions please feel free to contact our office.

Thank you.

Michelle Mraule - Associate Governmental Program Analyst
California Department of Corrections and Rehabilitation
Office of Public and Employee Communications
(916) 445-4950 - Office
(916) 445-8492 - Direct Line
Michelle.Mraule@cdcr.ca.gov<mailto:Michelle.Mraule@cdcr.ca.gov>

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Beryl Lipton

Hello Ms. Mraule,

Thank you for the update. I hope you enjoy your evening.

Best,
Beryl C.D. Lipton

From: Department of Corrections and Rehabilitation

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Clark, Kathryn A.@CDCR

Good afternoon,
Attached is a 14-day extension letter regarding your recent Public Records Act request.

Thank you,

Kathryn Clark
Attorney
Public Records Act Team
California Department of Corrections and Rehabilitation
(916) 445-5298
(916) 327-5306 (fax)
Kathryn.Clark@cdcr.ca.gov<mailto:Kathryn.Clark@cdcr.ca.gov>

From: Beryl Lipton

Hello Ms. Clark,

I would like to update this request to cover the period from January 1, 2013 through today. Should I submit a revised request? Will there be an increased fee? I can put a check in the mail this week.

Thanks so much,
Beryl

From: Mraule, Michelle@CDCR

Good Morning Ms. Lipton,

I was asked to check into the follow-up request below that you sent to Kathy Clark in the Office of Legal Affairs.

Please be advised that this request (PRA#7464) was closed on November 17, 2014 due to non-payment of costs. A cost letter was sent to you last year and I have attached that letter for your information. Once 90 days passed and no costs were received from you I closed this public records request.

Thank you.

Michelle Mraule - Associate Governmental Program Analyst
California Department of Corrections and Rehabilitation
Office of Public and Employee Communications
(916) 445-4950 - Office
(916) 445-8492 - Direct Line
Michelle.Mraule@cdcr.ca.gov<mailto:Michelle.Mraule@cdcr.ca.gov>

[SaveOurWater-horz]<http://saveourwater.com/>

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

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