dekalb county (alabama) igsa with ice & u.s. marshals

8/14/2019 Dekalb County (Alabama) IGSA with ICE & U.S. Marshals

1/12

MultlAgenjcy Detentlan Servlcell

16.

2. DateJuly 1, 2007

Marshals S e r v l ~ &. Prisoner Operations Division

DC 20530-1000

knowledge lind belief,,1-1,.,..11+1,11"1 In support of thistrue ana correct, this documentIJuthorlzed by the body governing

D F l I r ' J ~ l t t m J ~ n t or Agency l ind theAgency will comply wIth al lforth herein.

&. Detainee Type

Inte ...ovemm.ntal All'ellment3. FarH ln l

s.

7.

13.

4Z7Govemment

Dekalb County Detention Center2BOl Jordan R08d, S.W.Ft. Payne, AL 36968

Personb6,b7c Jail Administrator

Guard Hour Rate: $13.00shall be reimbursed by the Federal Govemment li t the GSATravel RGte.

oale

SignatureGale WatkinsNameGrants AnalystTitle Date


2/12

Agreement Number 19-07-0052IA thorlty ... ... .. , " . , 1 , , I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " " 3P rpose of Agreement and Security Provided .................................. 3P rlod of Performance.,.I.I ......... ......... ........ ... II 4slgnment and Outsourcing of Jail Operations ............................... 4M dlcal Services ............ 1 ,, , 4R celvlng &. Discharge of Federal D e t a l ~ e e s .................................... 5G ard/Trahsportatlon Services to Medical Facility ............................ 6G ard/Transportatlon Services to U.S. Courthouse .......................... 65 eclal Notifications II 7A mlnlstrative Orders &. Agency Instructions .................................. 8S rvlce Contract Act " . , ...... ,., .. " ... . , , , , ..... ,............ . . .. .. . . . . .. 8r--)/Et177 F t c I ~ . , .......... , .............................. fI

81 ling and Financial Provisions ...................................................... 9P yment Procedures ........................................................... ., ......10I spectlons of Services .......................................... II I ' , . 10LI bility ..... I' I I" II I' " ,. ' 1 .10

Page 2 of 11


3/12

A reement'Number 19-070052

P rsuant to the authority of SectlC?n 119 of the Department of JusticeA proprtattons Acts of 2001 (Public Law 106-553), this Agreement Is enteredIn 0 between the United States Marshals Service (hereinafter referred to asth "Federal Government,,) and Dekalb County, AL (hereinafter referred to as"L cal Government"), who hereby agree as follows:. P rpo.. of Agreement and Securtty Provided

IT e Federal Government and the Local Government establish this Agreementth t allows three (3 ) Federal'Government components, specifically, theU lted States Marshals Service (USMS) and the Federal Bureau of Prisons( OP) of the Department of Justice (OOJ); and the United StatesI migration and Customs Enforcement (ICE) of the Department of HomelandS:CUrity (DHS), to house federal detainees with the Local Government theo kalb County Detent ion Center (hereinafter referred to as "the fadlltyU).F r purposes of this Agreement, the term "Federal Government", as usedh rein, shall mean any and all of the three Federal Government components.r sponslble fo r housing federal detainees, e.g. any notices required to bep oVlded to the Federal Government, Including Invoices, shall be provided tot e specific Federal Government component responsible fo r each federald talnee, or material witness.

IThe population, hereinafter referred to as "federal detainees," will be .d l v i d u a l s sentenced or charged with federal offenses and detained whilea altlng trial or sentencing awaiting designation and transport to a BOPdUty, a hearing on their Immigration status, or deportation.Iie Local Government shall accept and provide for the secure custody,5 fekeeplng, housing, SUbsistence and care of federal detalne8$ Ina cordence with state and local laws, standards and procedures, or courto ders applicable to the operations of the facility, conSistent with federal law,p IIcles and regulations. Unless otherwise specified by this Agreement, theLbcal Government Is required, In units housing federal detainees, to performaccordance with the most current versions of the mandCJtory standards oft ~ e American COrrectional ASSOCiation (ACA) "Standards fo r Adult Localetentlon Facilities (ALDF)n, and the essential National CommIssion onrrectlonal Health Care (NCCHC) Standards, and the Federal' Performanceb sed Detention Standards Cwww.ysdoi.QOv/ofdVstSndards.htm). In addition,here ICE federal detainees are housed, the ICE federal detainees are to beh used In accordance with ICE Standards( In cases where others andards conflict with DOJ/OHS/lC! policy or standards, DOJ/OHS/lCEp !Icy and standards prevail.

Page 3 of 11


4/12

Agreement Number 19-07-0052

A ~ a l l times, the Federal Government shall have access to the facility and toth federal detainees housed there, and to all records pertaining to thisA reement, Including financial records, for a period not less than 3 years.T ~ I S Agreement shall not affect any pre-existing, unrelated agreements~ e e n the parties or with any other third party or parties.P_rlod of Parfonnance;

II T Is Agreement Is effect ive upon the date of Signature of both partIes, andre alns In effect unless terminated by either party with written notice. TheL I Government shall provide no less than 120 calendar days notice ofth ir Intent to terminate. Where the Local Government has receIved aC operative Agreement Program (CAP) award, the termination provisions ofth CAP prevail.iI*Ignment and Outsourcing of Jail OperationsIe r a l l management and operation of a facility housing federal detaineesm y not be contracted out without the prior express written consent of theF deral Government.

M ~ d l c a l Services -L " , * , ' )I Local Government Is financially responsible for all medical treatmentp vlded to federal detainees within the faCility. The Local Government shallp vide the full range of medical care required within the facility Includingd ntal care, mental health care, pharmaceuticals, and record keeping, asn$essary to meet the essential standards of the National Commission of

C rrectlonal Health Care's Standards for Health Services of Jails (currente Itlon).T ~ e Local Government will submit to the Federal Government requests fora proval of all treatment to be provided outside the facili ty. The FederalG vemment shall be responsible for the cost of approved outside medicalt atment. .In the event of an emergency, the Local Government shall' proceedI mediately with necessary medical treatment. In such an event, the LocalG vernment shall notify the Federal Government Immediately regarding then ture of the federal detainee's Illness or Injury, type of treatment provided,a d the estimated cost thereof.T e Local Government shall promptly forward medical Invoices fo r outsidem dlcal care to th e Federal Government wIthin 30 days of receipt.

Page 4 of 11


5/12

Agreement Number 19-07-0052

Th facility shall have In place an adequate Infectious disease controlpr gram, which Includes testfng all federal detainees at the facility fo rtu erculosls (TB) as soon as possible upon Intake (not to exceed 14 days)an read within 72 hours. TB testing shall be accomplished In accordancewi h the latest CDC Guidelines and the results documented on the federalde alnee's medical record. The Local Government shall Immediately notifyth Federal Government of any cases of suspected or active TB so that anysc eduled transports or production can be delayed until a physician verifiesth federal detainee's TB status.W en a federal detainee Is being transferred and/or released from thefa IIIty, they will be provided with seven days of prescription medicationw Ich will be dispensed from the facility. When possible, generic medicationssh uld be prescribed. Medical records must travel with the federal detainee.I f he records are maintained at a medical contractor's fadllty, It Is the LocalG vernment's responsibility to obtain them before a federal detainee'S moved.F deraJ detainees may be charged a co-payment fo r medical servicesp vided by the Local Government. The Local Government shall administerth program in accordance with the Federal Prisoner Health Care Co-PaymentA of 2000 (Title 18401 3d). This statute does not cover ICE federald talneeSi co-payments shall not be collected from ICE federal detaineesu der At! circumstances.

IR elvlng &Discharge of Federal Detain...e Local Govemment agrees to accept federal detainees only uponp sentatlon by a law enforcement officer of the Federal Government withp per agency credentials.e Local Government shall not relocate a federal detainee from one facilityu der Its control to another facility not described in this Agreement wIthoutp rmlsslon of the Federal Government.I;t ocal Government agrees to retease federal detainees only to lawe forcement officers of the Federal' Government agency Initially' committingth federal detainee (I.e., DEA, ICE, etc.) or to a Deputy United StatesM,rshal (DUSM). Those federal detainees who are remanded to custody by aDlIJSM may only be released to a DUSM or an agent specIfied by the DUSM ofth Judicial District.

U MS federal detaInees sought for a state or tocal court proceeding must bea ulred through a Writ of Habeas Corpus or the Interstate Agreement ono talners and then only with the concurrence of the districtU Ited States Marshal (U5M).

Page Sof11


6/12

A reement Number 19-07-0052

Ie federal detainees shall not be released to the custody of other Federal,st te, or local officials fo r any reason, except fo r medical or emergencysit atlons, without express authorization of ICE.G ardlTranaportation Services to Medical FacilityT ~ L o c a , Government agrees, upon request of the Federal Governmentw ose custody a prisoner Is h e l d ~ to provide transportation and escort guardse Ices for federal prisoners housed at their fadllty to and from a medicalfa IIIty for outpatIent care, and transportatIon and stationary guard servicesfo federal prisoners admitted to a medical facility.

\S4ch services will be performed by at least two armed qualified lawelforcement or correctional officer personnel employed by the LocalG vemment under their policies, procedures, and practices. The LocalG vemment agrees to augment such practices as may be requested by theU M to enhance specific requirement for security, prIsoner monitoring, .vI Itatlon, and contraband control.

I e Local Government will continue to be liable fo r the actions of Itse ployees while they are transporting federal prisoners on behalf of theU MS. Further, the Local Government will also continue to provide worker:s'c ~ p e n s a t l o n to Its employees while they are providing this service. It Isfu er agreed that the local Jail employees will continue to act on behalf ofth Local Government In providing transportation to federal prisoners onb half of the USMS. -

IF -rthermore, the Local Government agrees to hold hannless and Indemnifyth USMS and Its officials In their official and Individual capacities from anyII blllty, Including third-party liability or workers' compensation, arising fromth conduct of the local jail employees during the course of transportingfe eral prisoners on behalf of the USMS.T ~ ' e Federal Government agrees to reimburse the Local Government -at thera e stipulated on page one (1) of this agreement. Mileage shall be -re mbursed In accordance with the current GSA mileage rate.I,G ardITranaportatJon Services to U.S. Courthouse

e Local Government agrees u'pon request of the USM In whose custody apr saner Is heli j, to provide transportation and escort guard services for'fe eral prisoners housed at their facility to and from the U.S. Courthouse.Tr nsportatlon and escort guard services will be performed by at least twoar ed qualified officers employed by the Local Government under their

Page 6 of 11


7/12

A1reement Number 19-07-0052p lIeles, procedures, and practIces, and will augment such practices as mayb requested by the USM to enhance speclftc requirements fo r security,p soner monItoring, and contraband control.U on arrival at the courthouse, transportation and escort guard will tumfe eral prisoners over to Deputy U.S. Marshals only upon presentation by thed puty of proper law enforcement credentials.T e Local Government will not transport federal prisoners to any U.S.C urthouse without a specific request from the USM who will provide the .p soner's name, the U.S. Courthouse, and the date the prisoner Is tob transported.E ch prisoner will be restrained In handcuffs, waist chains, and leg Ironsd ring transportation.

IS*h services will be performed by quallfted law enforcement or correctionalo cer personnel employed by the Local Government under thetr poliCies,pr cedures, and practices. The Local Government agrees to augment suchp r ~ c t l c e s as may be requested by the USM to enhance speCific requirementsfof security, prisoner monitoring, visitation, and contraband control.

e local Government will continue to be liable for the actIons of Itse ployees while they are transporting federal prisoners on behalf of theU MS. Further, the Local Government will also continue to provide workers'co pensatlon to Its employees while they are providing this service. I t Isfu her agreed that the local jail employees will contInue to act on behalf ofth Local Government In providing transportatIon to federal prisoners on be alf of the USMS. .Th Local Government agrees to hold harmless and Indemnify the USMS andIts officIals In the ir official and Individual capacitIes from any liability,in luding t h J r d ~ p a r t y liability workers' compensation, arising from the conductof he local jaU employees during the course of transporting federal prisonerson behalf of the USMS.Th Federal Government agrees to reimburse the Local Government at t h ~ ra e spedfled on page one (1) of this agreement. Mileage Shall berei bursed In accordance with the current GSA mileage rate.S clal Notifications

IITh Local Government shall notify the Federal Government of any actIvity bya f, deral detainee which would likely result In litigation or allegedcrl Inal act:lvlty.Th Local Government shall Immediately notify the Federal Government ofanes ape of a federal detainee. The Local Government shall use all reasonab!e

Page 7 of 11


8/12

Ag eement Number 19-07-0052mans to apprehend the escaped federal detainee and all reasonable costs Inco nectton therewith shall be borne by the Local Government. The FederalG vei"nment shall have primary responsibility and authority to direct thep rsult and capture of such escaped federal det8lnees. Additionally, the .

I L ~ c a l Government shall notify the Federal Government as soon as possiblew en a federal detainee Is Involved In an attempted escape or. conspiracy toe cape from the facility.

the event of the death or assault of a federal detainee, the LocalGovernment shall immediately notify the Federal Government.dmlnlstrativG Ord ... & Ag.ncy instruction. .I

ir admInistrative convenience, the Federal Government may requestervlces not I1sted in this Intergovernmental Agreement (IGA) (I.e. Guardervlce, Transportation, etc). Any IndIvIdual agency orders with the Localovemment shall clearly define the addItional services and/or procedures, afsonable price, If any, and state that all other terms and conditions of thisGA remain In effect.arvtce Contract ActI

~ I S Agreement Incorporates the f01lowing clause by reference, with the~ a m e force and effect as If It was given In fun text. Upon request, the full text~ I I I be made available. The full text of this provision may be accessedrlectronlCallY at this address: www.amet.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 - PriceAdjustment (Multiyear and Option Contracts) (May 1989)The current local government wage rates shall be the prevailing wages unlessnotlfled by the Federal Government.Per-DIem RataThe Federal Government will use various prtce analysis techniques andprocedures to ensure the per-diem rate established by this Agreement Isconsidered a fair and reasonable price. Examples of such techniques indude,but are not limited to, the following:

1. Comparison of the requested per-diem rate with the Independentgovernment estimate for services, otherwise known has the Core Rate;Page 8 of 11


9/12

Agreement N u m ~ e r 19-07-0052I

2. Comparison with per-diem rates at other state or local facilities ofsimllar size and economic conditions;3. Comparison of prevIously proposed prices and previous Federal

Government imd commercial contract prices with current proposedprices fo r the same or similar Items;4. Evaluation of the provided jal l operating expense Information;e flrm-flxed per-diem rate for services Is $47.00, and shan not be subjectt adjustment on the basis of the Dekalb County Detention Center's actualc st experience In providing the service. The per-diem rate shall be fixed fora period from the effective date of the Agreement forward for 36 months.Teper-diem rate covers the support of one federal detainee per ~ e d e r a l d tal nee day", which shall Include the day of arrival, but not the day of

d parture.!

~ f t e r 36 months, If a rate adjustment Is desired, the LDcal Govemment shallSebm't a request through the elGA area of the Detention Services Network( SNetvyork). All Information pertaining to the jail on DSNetwori< will ber qulred before a new per-diem rate can be considered.I .e per-diem rate covers the support of one federal detainee per "federaletalnee day", which shall Include the day of arrival, but not the dayf departure.I1l1ng and Financial Provisions

ine Local Govemment shall prepare and submIt for certification andf,ayment, original and separate Invoices each month to each of the Federalovemment components responsible for federal detainees housed at theacUity. .Ithe addresses for the USMS components are:Lnlted States Marshals Service~ o r t h e m District of Georgia~ 6 6 9 Federal Buildingtlanta, GA 30303404) 331-6833o constitute a proper monthly Invoice, the name and address of the facilityhe name of each federal detainee, their speclflc dates of conflnement, the 'otal days to be paid, the appropr1ate per diem rate as approved In the IGA,and the total ~ m o u n t billed (total days multiplied by the rate per day) shallbe listed, along with the name, title, complete address and telephone number,of th e Local Government omclal responsible for Invoice preparation.

Page 9 of 11


10/12

A reement Number 19-07-0052

N thing contained herein shall be construed to obligate the FederalG vernment to any expenditure or obligation of funds in excess of, or Ina vance of, appropriations In accordance with the Anti-Deficiency Act, 31U.S.C. 1341.P yment Procedures

e Federal Government will make payments to the Local Govemment on aonthty baSiS, promptly after receipt of an appropl1ate Invoice.e Local Government shall provide a remittance address below:

o kalb County DetentIon Center2 01 Jordan Road, S.W.F . Payne, AL 36968I",odiflcatlons and Disputesiilther party may Initiate a request for modification to this Agreement inrltlng. All modifications negotiated will be effective only upon writtenpproval of both parties.isputes, questions, or concerns pertaIning to this Agreement will besolved between appropriate officials of each party. Both the parties agreet at they will use their best efforts to resolve that dispute In an Informalshlon through consultation and communIcation, or other forms of nonIndlng alternative dispute resolution mutually acceptal;lle to the parties.I ~ s p e c t l o n s of S e r v l c e ~ I

E Local Government agrees to allow periodIc InspectIons of the facillty byederal Government Inspectors. Findings of the Inspection wtll be sharedlth the facility administrator In order to promote Improvements to facilityperations, conditions of confinement, and levels of services. .I~ I a b m t y

e Local Government shall protect, defend, indemnify, save and holdarmless the Federal Govemment, DOl, DHS and Its employees or agents,om and against any and all claims, demands, expenses, causes of action,udgments and liability ariSing out of, or In connection with the performancef this Agreement by the Local Government, Its agents, sub-contractors,mployees, assignees or anyone for wham the Local Government may besponslble. The Local Government shall also be liable fo r any and all costs,xpenses and attorneys fees Incurred as a result of any such claIm, demand,Page 10 of 11 .


11/12

A reement Number 19-07-0052c use of action, judgment or liability, Including those costs, expenses anda omeys fees Incurred by the Federal Government, DOl, OHS and Itse ployees or agents. The Local Government's liabil ity shall not be limited bya y provision or limits of Insurance set forth In the resulting agreement.A ardlng the Agreement, the Federal Government does not assume anyII billty to third parties, In awarding and administering this Agreement, theF deral Government does not assume any liability to third parties, nor wilte Federal Government reimburse the Local Government for Its l1ablllties tot ird parties, with respect to loss due to 'death, bodlly Injury, or damage toroperty resultlng In any way from the performance of the Agreement or anybcontract under this Agreement.he Local Government'shall be responsible for all litigation, Including the costf litigation, brought against It, Its employees or agents for alleged acts ormissions. The Federal Government shall be notified In writing of allI tlgatlon pertaining to this Agreement and provIded copies of any pleadingsled or said litigation within five working days of the flUng.

Local Government shall cooperate with the Federal Government legalaf f and/or the United States Attorney regarding any requests pertaining toederal Government or Local Government litigation.

Page 11 of 11


12/12

U. S. Department of JusticeUnited States Marshals Service

1. Agreement No.19-07-0052

6. Issuing Federal Agency2. Effective DateSee Block 13B.

United States Marshals ServicePrisoner Operations DivisionDetention Operations - EastWashington, DC 20530-1000

Modification of Intergovernmental Agreemen3. Facility Code(s) 4. Modification No . 5 . DUNS No.

4Z7 TWO (2)7. Local Government

Dekalb County Detention Center2801 Jordan Road, SWFort Payne, AL 35968

8. Appropriation Data15X1020

9. Per-Diem Rate$ 47.00 10. Guard/Transportation Hourly Rate$ 13.0011. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT

REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION:THE PURPOSE OF THIS MODIFICATION IS TO ADD IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)TO THIS AGREEMENT. ICE IS ALSO ADDED IN THE TRANSPORTATION/GUARD SERVICES OF THISAGREEMENT.

BILLING AND FINANCIAL PROVISION SHOULD BE SENT TO:U.S. IMMIGRATION & CUSTOMS ENFORCEMENTATTN: MARLENE CLOUD1010 E. WHATLEY ROADO A K D 1 4 6 3 (318)__

NO OTHER TERMS OR CONDITIONS OF THIS AGREEMENT ARE AFFECTED.

12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICTION:A. X LOCAL GOVERNMENT IS NOT REQUIRED

TO SIGN THIS DOCUMENT13. APPROVALSA. LOCAL GOVERNMENT

Signature

TITLE DATE

B. D LOCAL GOVERNMENT IS REQUIRED TO SIGNTHIS DOCUMENT AND RETURN ALL COPIES TOU.S. MARSHAL

B. FEDERAL GOVERNMENT'::l. . B """"R )Signature

TITLE 5iM09ID EGrants AnalystPage _1_ of _1_

dekalb county (alabama) igsa with ice & u.s. marshals

Documents