gaston county jail (north carolina) intergovernmental service agreement (igsa) with ice

8/14/2019 Gaston County Jail (North Carolina) Intergovernmental Service Agreement (IGSA) with ICE

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INTER-GOVERNMENTAL SERVICE AGREEMENTBETwEENnmUNITED SrATES DEPARTMENT OF HOMELAND SECURITYU.S. IMMIGRATIONAND CUS'lUMS ENFORCEMENTOFFICE OF DETENTION.AND REMOVALANDGAsroNCOUN'iY

This Inter-GovernmentalService Agreement ("Agreement") is entered into between UnitedStates Department ofHomeland Seeurity Immigration and Customs Enforcement ("ICE"), andGaston County ("Service Provider") for the detention and care ofaliens ("detainees"). Theterm "Parties" is used in this Agreement to refer jointly to ICE and the Service Provider.FACILlTYLOCATION:The Service Provider shall provide detention services for detainees at the followinginstitution(s):Gaston County Jail42 5 Marietta StreetGastonia, North Carolina 28053

Article I. PurposeA.. PUllJose: The purpose of his Intergovernmental Service Agreement (IGSA) is toestablish an Agreement between ICE and the Service Provider for the detention, and careof persons detained under the authorityof Immigration and Nationality Act, asamended. All persons in the custody ofICE are "Administrative Detainees". Thistermrecognizes that ICE detainees are not charged with criminal violations and are only heldin custody to assure the ir presence throughout the administrative hearing process and to

.. assure their presence for removal from the United States pursuant to a lawful:finalorderby the Immigration Court, the Board of ImmigrationAppeals or other Federal judicialbody.

B. Responsibilities: This Agreement sets forth the responsibilities ofICE and the ServiceProvider. 'IheAgreement states the services the Service Provider shall performsatisfactorilyto receive payment from ICEat the rate prescribed in Article I. C.C. Guidance: This is a fixed rate agreement, not a cost reimbursable agreement, withrespect to the detainee day rate. The detainee day rate is $60.00. ICE shall be .responsible for reviewingand approving the costs associated with thisAgreement andsubsequent modifications utilizmg all applicable fe4eral procurement laws, regulationsand standards n arrivirm at the detainee day rate. .

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Article II. G eneralA Funding: The obligation ofICE to make payments to the Service Provider is contingentupon the availabili1;y ofFederal funds. ICE will neither present detainees to the ServiceProvider no r direct performance of an y other services until ICE ha s the appropriate. funding. Orders will be placed undertbis Agreementwhen specific requirements havebeen identified and funding obtained. Performance under this Agreement is no t .authorized until the Contracting Officer issues an order, in writing. The effective date ofth e Agreement willbe negotiated an d specified in delivery order to this Agreement thatis supported by the ICE Contracting Officer. This Agreement is neither binding no reffective unless signed by the ICE Contracting Officer. Payments at the approved ratewill be paid upon the return of the signed Agreement by the authorized Local. Government official to ICE.B. Subcontractors: The Service Provide r shall notify an d obtain approval from th e ICEContracting Officer's Technical Representative (COTR) or designated ICE official if tintends to house ICE detainees in a facility other than the Gaston County. I feither thatfacility, or any future facility is operatedby an entityother than the Service Provider, ICE

shall treat the entity as a subcontractor to the Service Provider. The Service Providershall obtain the Contracting Officers approval before subcontracting the detention andcare ofdetainees to another entity. The Contracting Officer has the right to deny,withhold, or withdraw approval of the proposed subcontractor. Upon approval by the-Contracting Officer, the Service Provider shall ensure that anysubcontract includes allprovisions of this ~ m e n t , an d shaD provide ICE with copies of all subcontracts. Allpayments will be made to the Service Provider. ICE will no t accept invoices from, ormake payments to a subcontractor. .C. Consistent with Law: This is a firm fixed rate agreement, no t cost reimbursableagreement. This Agreement is permitted under applicable statutes, regulation, policiesor judicial mandates. Any provision of hi s Agreement contrary to applicable statutes,regulation, policies or judicial mandates is null and void and shall no t necessarily affectth e balance of the Agreement.Article m. Covered ServicesA.. Bedspace: The Service Provider shall provide male/female beds on a space availablebasis for less than seventy-two (72) hours. The Service Provider shall house all detaineesas determined within the Service Provilkr'sclassification system. ICEwill be financiallyliable only for th e actual detainee days as defined in Paragraph C ofArticle TILB. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping,

housing, subsistence, medical and other services in accordancewith thisAgreement. Inproviding these services. the Service Provider shall ensure compliancewith all applicablelaws, regulations, fire an d safety c o d e ~ policies and procedures. If he Service Providerdetermines that ICE has delivered a person for custody who is under the age ofeighteen(18). th e Service Provider shall no t house that person with adult detainees and shallimmediatelynotify the ICE COTRor designated ICE official. The types an d levels ofservices shall be consistent with those the Service Provider routinely affords otherinmates.

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C. Ugit of Service an d Vmancial Uabili1y: The unit ofservice is called a "detainee day" andis definedas one person pe r day. The detainee daybegins on the date of arrival. TheService Provider may bill ICE for the date of arrival bu t no t the date of departure. TheService Pro'Vider shall no t charge for costs, which are no t directly related to the housingand detention ofdetainees. Such costs include but are not limited to:

1) Salaries of elected officials '2} Salaries of employees no t directly engaged in the housing and detention ofdetainees3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless, those cost are allocatedunder an approved Cost Allocation Plan4) Detainee services which are no t provided to, or cannot be used by Federaldetainees5) Operating costs of facilities no t utilized by Federal detainees6) Intereston borrowing (however represented), bond discounts. costs offinancing/refinancing, except as presenood by OMB Circular A-877) Legal orprofessional fees (specifically legal expenses for prosecution ofclaims against the Federal Government, legal expenses of ndividual detainees01' inmates)8) Contingencies

D. In:ter,pretive Services: The Service Provider shal l make special provisions for non-English spealdng, handicapped or illiterate detainees. ICE will reimburse the ServiceProvider for the actual costs associated with providing commercial written or elephonelanguage interpretive services. Upon request, ICE will assist the Service Provider inobtaining translation services. The Service Provider shall pro'Vide all instructionsverbally either in English or the detainees' language, as appropriate, to detaineeswhocannot read. The Service Provider shaR include the actual costs that the Service Providerpaid fo r such services on its monthly invoice. Except in emergency situations, theService Provider shall not use detainees for translation selVices. If the Service Provideruses a detainee for translation service, it shall notify ICEwithin twenty-four (24) hoUl'Sof he translation service.E. ;Escortand Transportation Services: The Service Provider will provide, upon request andas scheduled by ICE, necessary escort an d transportation services for ICE detainees toan d from designated locations. Escort seIVices willbe required for escorting detainees tocourthearings; escorting witnesses to the courtroom and staged with the ICE Judgeduring administrat ive proceedings. Transporta tion Services shall be performed by atleast two (2) qualified sworn law enforcement or correctional officer personnel employedby the Service Provider under their policies, procedures an d authorities. See Article XVI.ArticleN . Receiving and Discharging DetaineesA. Required Activity: The Service Provider shal l receive an d discharge detainees only toan d from properly identified ICE personnel or other properly identified Federal law

enforcementofficials with prior authorization from DHS/ICE. Presentation of U.S.Government identification shall constitute "proper identification. . The Service Providershall furnish receiving and disch;u-ging services twenty-four (24) hourspe r day, seven (7)3

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days per week ICE shall furnish the Service Provider with reasonable notice of receivingand discharging detainees. The Service Provider shall ensure positive identification andrecording of detainees and ICE officers. The Service Provider shall no t permit medical oremergency discharges except through coordination with oiJ.-duty ICE officers.B. Emergency Situations: ICE detainees shall not be released from the facility into thecUstody of other Federal. state, or local officials for any reasont except for medical oremergency situations, without express authorization of ICE.C. Restricted Release ofDetainees: The Service Provider shall no t release lCE detaineesfrom its physical custody to any persons other than those described in Paragraph A ofArticle IV for any reason, except for either medical, other emergency situations, or inresponse to a federal writ of habeas corpus. If an ICE detainee is sought for federal,state, or local proceedings, only ICEmay authorize release of the detainee for suchpurposes .The Service Providershall contact the ICE COTR or designated ICE officialimmediately regarding any such requests.D. Servim Provider Right of Refusal: The Service Provider retains th e right to refuseacceptance or request removal of any detainee exhibiting violent or disrnpt ive behavior,

or of any detainee found to have a medical condition that requires medical care beyondth e scopeof he Service Provider's health care provider. In the ca,se of a detainee alreadyin custody. the Service Provider shall notify ICE an d requestsuch removal of hedetainee from the Facility. The Service Provider shall allow ICE reasonable time to makealternative' arrangements for the detainee. 'E. Emergengr Evacuation: In the event of an emergency requiring evacuation of theFacility, the Service Provider shall evacuate ICE detainees in the same manner, and withthe same safeguards. as it employs for persons detained under the Service Provider'sauthority. The Service Provider shall notify the ICE COTR or designated ICE officialwithin two (2) hours ofevacuation.Al1icle V. DHSjICEDetention StandardsSATISFAcroRYPEBFORMANCE:The Service Provider is required to house detalnees an d perform related detention servicesin accordance with the most current edition ofICE National Detention Standards(http://www.ice.gov/partners/dro/opsmanualfindex.htm). ICE Inspectors will conductperiodic inspections of he facility to assure compliance with th e ICE National DetentionStandards.Article VI. Medical ServicesA. Ay.pices of Health Authori ty: The Service Provider shall provide ICE detainees with on-site health care services under the .control ofa local government designated HealthAuthority. The Service Provider shall ensure equipment, supplies, an d materials, as

. required by the Health Authority, are furnished to deliver health care ott-site.4

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B. Level of ProfessionaJiw: The Service Provider shall ensure that all health care serviceprovidersutilized for ICE detainees hold current licenses, certifications, and/orregistrations with the State and/or Citywhere they are practicing. The Service Providershall retain a registered nurse to provide health care and sick call coverage unlessexpressly stated. otherwise in this Agreement. In the absence of a health careprofessional, non-health care personnel :tnay refer detainees to health care resourcesbased upon protocols developed by United States Public Health Service (USPHS)Division ofImmjgration Health Services (DIHS).

C. Access to Health Care: The Service Provider shall ensure that on-site medical and healthcare coverage as defined below is available for all ICE detainees at the facility for at leasteight (8) hours per day. seven (7) days pe r week. The Service Provider shall ensure thatit s employees solicit each detainee for health complaints and deliver the complaints inwriting to the medical and health care staff. The Service Provider shall furnish thedetainees instructions in his or herpative language for gaining access to health careservices as prescn'bed in Article m, Paragraph D.D. On-Site Health Care: The Service Provider shall furnish on-site health careunder thisAgreement. The Semce ProvidershallDot charge an y ICE detainee anadditional fee or Co-payment fo r medical services or treatmentprovided atthe Service Provider's facility. The Service Provider shall ensure that ICE detaineesreceive no lower level of on-site medical care and services than those it provides to localinmates. On-site health careservices shall include arrival screening within twenty..rfour(24) hours of arrival at the Facility, sick call coverage, provision of over-the-countermedications, treatment of minor injuries (e.g. lacerations, sprains, and contusions),treatment of special needs and mental health assessments. Detainees with chronicconditions shall receive prescn"bed treatment and follow-up care.E. Anival Screening: Arrival screening shall include at a minimum TB symptom screening,planting ofilie TuberculinSkin Test (PPD), and recording the history ofpast and presentillnesses (mental and physical). The health care service provider or trained health carepersonnel may perform the anival screening.F. Acceptance of Detainees with Extreme Health Conditions: If he Service Provider

determines that an ICE detainee has a medical condition which renders that personunacceptable for detention under thisAgreement, (for example, contagious disease,condition needing life support, uncontrollableviolence), the Service Provider shall notifyth e ICE COTR or the designated ICE official. Upon such notification the Service Providershall allow ICE reasonable time to make the proper arrangements for further dispositionof hat detainee.G. DIHS Pre=AP-Proval for Non-Emergency Off=Site Care: The Service Provider shal l obtainDIBS approval for any non-emergency, off-site healthcare for any detainee. DIHS actsas th e agent an d fiilal health authority for ICE on all o f f ~ s i t e detainee medical and healthrelated matters. The relationship of he DlliS to the detainee equals that of physician to. patient. The Service Provider shall release any and all medical information for ICEdetainees. to the DIHS representatives upon request The Service Provider shal l solicitDIHS approval before proceedingwith non-emergency, off-site medical care (e.g. off site

la b testing, eyeglasses. cosmetic dental prosthetics, dental care for cosmetic purposes).The Service Provider shall submit supporting documentation for non-routine, o f f ~ s i t e medical heal th services to DIHS. For medical care provided outside the facility, DIHS5

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may determine thatan alternative medical provider or institution s more cost-effectiveor more aptlymeets th e needs of ICE and the detainee. ICE may refuse to. reimburse th eSeIVice Provider for non-emergency medical costs incurred that were no t pre-approvedby th e DIBS. Th e Service Provider shall send all requests for p r e ~ a p p r o v a l for n o n ~ emergent off-site care to:.

Phone: (888) 718-8947FAX: (866) 4 7 5 ~ 9 3 4 9 VIii website: www.inshealth.orgThe Service Provider is to. natify all medicalproviders approved to furnish off-site healthcare ofdetainees to submit their'bills in accordance with instructionsprovided to:

United States Public Health ServicesDivision of Immigration Health Services1220. LStreet, NW PMB 468Washington, DC 200.0.5-4018(phone): (888)-718-8947(FAX): (866)-475-9349Y"la website: www.inshealth.org

H. EmergencyMedical Care: The Service Provide;r shall furnish twenty-four (24) hauremergencymedical care an d emergency evacuation procedures.'Inan emergency. th eService Provider shall obtain th e medical treatment required to preserve the detainee'sbealth.'1he Service Providershall have access to an off-site emergency medical providerat all times. The Health Authority of th e Service Provider shall notify the DIHS ManagedCare Coordinatar by calling the telephone number listed in paragraph G above as soon aspossible, and in no case more thap. seventy-two (72) hours after detainee receipt or suchcare. The Health Autho.rity will obtain pre-authorization from th e DIHS Managed CareCoordinatorfo r service(s) beyond th e initial emergencysituatian.

I. Off-Site Guards: Th e Service Pravider shall provide guards at all times detainees areadmitted to an outside medical facility.J. DIHS VlSits: The SenrLce Provider shall allow DillS Managed Care Coordinatars

reasonable access to its facility for th e purpose of iaison activities with th e HealthAuthorityan d associated Service Provider departments.ArticleVIl. No Employment ofUnauthorizedAliensSubject to existing laws, regulations, Executive Orders, and addenda to this Agreement, theService Provider shall not employ aliens unauthorized to work in th e United States. Elrceptfor maintaining personalllving areas, ICE detainees shall not be required to perform manuallabor. '

ArticleVIII. Period of Performan.ceA. This Agreement shall become effective upon the d3.te of final signature by the ICE 6

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Contracting Officer an d th e authorized signatoryof he Service Provider and will remainin effect indefinitely unless terminated in w r i t i n g ~ by either party. Eitherpartymustprovide written notice of intentions to terminate the agreement, sixty (60) days inadvance of th e effective date of formal termination, or the Parties may agree to a shorterperiod under the procedures prescribed in Article X.

B. Basis for Price Adjustment: A firm fixed price with economic adjustment provides forupward an d downward.revision of the stated Per Diem based upon cost indexes ofIaboran d operating expenses, orbasedupon the Service Provider's actua l cost experience inproviding th e service.Article IX. InspectionA. JailAgreement JnSl1ection Re.port: The JailAgreement Inspection Report stipulatesminimum requirements fur fire/ safety code compliance, supervision, segregation,sleeping utensils, meals, medical care, confidential communication, telephoneaccess,legal counsel, legal library, visitation, an d recreation. The Service Provider shall allowICE to conduct inspections of the facility, as required, to ensure an acceptab le level ofservices an d acceptable conditions ofconfinement as determinedby ICE. No notice to

th e Service Provider is required prior to an inspection. ICE will conduct such inspectionsin accordance with th e JailAgreement Inspection Report. ICE will share findings of he. inspectionwith the Service Provider's facility administ rator. Th e Inspection Reportwill.. . state anyimprovementsto facility 9:peration, conditions of confinement, and level ofservice that will be reqIDred by he Service Provider.B. Possible Termination: I f lie Service Provider fails to remedy deficient service identifiedthrough an ICE inspection, ICE maytenninate thisAgreement without regardto theprovisions ofArticles VIII and X.C. Share Findings: The Service Provider shall provide ICE copies of facility inspections,review-s, examinations, an d surveys perfonned by accreditation sources.D. Access to Detainee Records: The Service Provider shall, upon request, grant ICE access

to any record in its possession. regardless ofwhether th e Service Provider created therecord, concerning any detainee held pursuant to this .Agreement. Thls right ofaccessshall include; but is not limited to, incident rePorts, records r elating to suicide attempts,and behavioral assessments and other records relating to the detaint:)e's behavior while inth e Service Provider's custody. Furthermore, the Service Provider shall retain all recordswhere this right of access applies for a period of two (2) years from th e date of th edetainee's discharge from th e Service Provider's custody.

Article X. Modifications and DisputesA .Modffications: Actions other than those designatedin this Agreementwill no t bind or .incur liability on behalfofeither Party. Either Party may request a modification to thisAgteement by submittinga written request to the other Party. A modification willbecome a part oftbis Agreement only after th e lCE Contracting Officer and theauthorized signatoryof th e Service Provider have approved th e modification in writing.

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B. Disputes: The ICE Contracting Officer and the authorized signatory of the ServiceProvider will settle disputes, questions and concerns arising from tlrlsAgreement. .Settlement of disputes shall be memorialized in a written modification between the ICEContracting Officer and authorized signatory of the Service Provider. In the event adispute is not able to be resolved between the Service Provider and the ICE ContractingOfficer, th e ICE Contracting Officerwill make the final decision. I f he Service Provide rdoes no t agree with the final decision, the matter may be appealed to the ICE Head of heContracting Activity (HCA) for resolution. The ICE HCA may employ all methods .available to resolve th e dispute including alternative dispute resolution techniques. TheService Provider shall proceed diligentlywith performanCe of this Agreement pendingfinal resolution of any dispute.

ArticleXI. Adjusting the Detainee Day RateICE shall reimburse the Service Provider at the fixed detainee day rate shown on the coverpage of the document. Article I. (C). The Parties may adjust th e rate t w e n t y ~ f o u r (24)months after the effective date of th e agreement an d every twelve (12) months thereafter.The Parties shall base the cost portion of he rate adjusbnent on the principles of allowabilityan d allocability as se t forth in OMB Circular A-B7. federal procurement laws, regulations,an d standards in arriving at the detainee day rate. The request for adjustment shall besubmitted on an ICE Jail SeIVices Cost Sta tement. I f CE does no t receive an official requestfor a detaineeday rate.adjustmentthat is supported by an ICE Jan Services Cost Statement.the fixed detainee day rate as stated in this Agreement will be in place indefinitely. SeeArtic1eXA.ICE reserves th e right to audit the actual and/or prospective costs upon which the rateadjusbnent is based. All rate adjustments are prospective. As this is a fixed rate agreement,there are no retroactive adjustment(s).Article XII. Enrollment, Invoicing, and PaymentA. Enrollment in Electronic Funds Dansfer: The Service Provider shall provide ICE withthe information needed to make payments by electronic funds transfer (EFT). SinceJanuary 1, 1999, ICE makes all P!lyments only by EFt. The Service Provide r shall identifytheir financial institution an d related information on StandardForm a881, AutomatedClearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The ServiceProvider shall submit a completed SF 3881 to ICE paymentoffice prior to submitting itsinitial request for payment under this Agreement. I f he EFI' data changes, tIle ServiceProvider shall be responsible fo r providing updated information to the ICE paymentoffice. .B. Invoicing: Th e Service Provider shall submit an original itemized invoice containing thefollowing information: the name and address of he facility; th e name of each ICEdetainee; detainee's A-number; specific dates of detention for each detainee; the totalnumber of detainee days; th e daily rate; the total detainee days multiplied by the dailyrate; an itemized listingof all other chargeS; aI;ld th e name, itle, address. an d phonenumber of th e local official responsible for invoice preparation. The Service Providershall submit monthly invoices within th e firstten (10) working days of he month .following the calendar month when it provided th e services, to: 8

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Department of Homeland SecurityATlN: Immigration and Customs Enforcement6130 Tyvola Centre DriveCharlotte, NC 28217Phone: (704) 672-6937Fax: (704) 672-6998

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C. ayment: ICE will transfer funds electronicallythrough either an Automated ClearingHouse subject to th e banking laws of the United States, or the Federal Reserve WIreTransfer System. The Prompt Payment Act applies to this Agreement. The PromptPaymentAct requires ICE to make payments under this Agreement th e thirtieth (30th)calendar day after the ICE Deportation office reCeives a complete invoice. Either th e dateon th e Government's check. or the date i t executes an electronic transfer offunds, shallconstitute the payment date. The Prompt Payment Act requires ICE to pay interest onoverdue payments to the Service Provider. ICE will determine any interest due inaccordance with th e Prompt PaymentAct.

Article XIlI . Government Furnished PropertyA. Federal Properly Furnished to the Service Provider: ICE ma y furnish FederalGovernment property and equipment to th e Service Provider . Accountable propertyremains titled to ICE and shall be returned to the custody of ICE upon termination of he

Agreement. The suspension ofuse of bed space made available to ICE is agreed to begrounds for the recall and return ofanyor all government furnished property.B. Service Provider ResponsibiIi1y: The Service Providershall no t remove ICE propertyfrom th e facility without th e prior written approval of ICE. The Service Provider shallrePort any oSS or destruction of any Federal Governmentproperty immediatelyto ICE. .

Article XIV. Hold Harmless and Indemnification ProvisionsA Service Provider Held Harmless: ICE shall, subjec t to the availability of funds, save andbold th e Service Provider hannless an d indemnify the Service Provider against any andall liability claims an d costs of whatever kind and nature, fo r injury to or death of any

person(s), or loss or damage to any property, whicboccurs in connection with or isincident to perfonnance ofwork under the terms of his Agreement, an d wIllch resultsfrom negligent acts or omissions of CE officers or employees, to th e extent that ICEwould be liable for such negligent acts or omissions under the Federal Tort Claims Act,28 USC 2691 et seq.

B. Federal Government Held Harmless:Th e Service Provider shall save an d hold harmlessand inden:tn:ifyfederal government agencies to the extent alloWed by lawagaUlst an y andall liabilityclaims, an d costs ofwhatsoever kind and nature for injury to or death of anyperson or persons an d for loss or damage to any property occurring in connection with,or n an y way ncident to or arising out of he occupancy, use, service, operationorperfomiance ofwork under th e tenets of this Agreement, resulting from th e negligentacts or omissions of th e Service Provider, or any employee, or agent of he ServiceProvider. In so agreeing, th e Service Provider does not waive an y defenses, immunitiesor limits of iability available to i t under state or federal law.

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C. Defense of Suit: In be event a detainee files suit against th e Service Provider contest ingthe legality of the detalnee's incarceration and/or immigration/citizenship status, ICEshall request that the U.S. Attorney's Office, as appropriate, move ei ther to have th eService Provider dismissed from such suit, to have ICE substituted as the proper partydefendant; or to have the case removed to a court of proper jurisdiction. Regardless ofthe decision on any such motion, ICE shall request that th e U.S. Attorney's Officeberesponsible for th e defense of any suit on these grounds.

D. ICE RecoveO' Right: The Service Provider shall do .notbing to prejudice ICE's right torecover against third parties for any loss, destruction of, or damage to U.S. Governmentproperty. Upon request of he Contracting Officer, the S ~ r v i c e Provider shall. at ICE'sexpense, furnish to ICE all reasonable assistance and cooperation, including ~ i s t a n c e in th e prosecution of suit and execution of the instruments of assignment in favor of ICEin obtaining recovety.Article XV. Financial ReeordsA Retention of Records: .All :financial records, supporting documents, statistical records,

and other records pertinent to contracts or subordinate agreements under thisAgreement shall be retained by the Service Provider for three (3) years for purposes of.federal examinations and audit. The three (3) year retention period begins -at th e en d of .the first year of completion of service under the Agreement. I fany litigation, claim,-negotiation, audit, or other action involving the records has been started before theexpiration of th e three (3) year period, the records must be retained until completion ofthe action an d resolution of all issues which arise from i t or until the end of the regularthree (3) year period, whichever is later.B. Access to Records: rCE and th e Comptroller Genera l of the United States, or any of theirauthorized representatives, shall have the right of access to anypertinent books,documents, papers or other records of the Service Provider or its sub-contractors, whichare pertinent to th e award, in order to make audits, examinations, excerpts, an dtranscripts. The rights ofaccess :must not be limited to th e required retention period, but

shall last as long as the records are retained -C. Delinquent Qebt Collection: ICE will hold the Service Provider accountable for anyoverpayment, or any breach of his Agreement that results in a debt owed to the FederalGovernment. ICE shall apply interest, penalties, an d administrative costs to a delinquentdebt owed to th e Federal Government by th e Service Provider pursuant to the DebtCollection Improvement Act of1982, as amended.Article XVI. Guard/Transportation ServicesA. Trans.port S ~ t ; v i c e s Raw; The Service Provider agrees, upon request of the FederalGovernment n whose custody an rCE detainee is held, to provide all such groundtransportation serAces as may be required to transport detainees securely, in a timelymanner, to any location within the Mecklenburg County, North Carolina and the Gaston

C o u n t y ~ North Carolina area as directed by the ICE COTRor designated ICE official. ICEdirected transportation will be reimbursed at the rate of $16.29 per hour.11.

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Transportation mileage shall be reimbursed at the mileage rate established. pUrsuant toth e current Genera l Services Adminis tration (GSA)/federal travel allowance rates. Atleast two (2 ) qualified law enforcement or correctional officer personnel employed by th eService Provider under their policies, procedures an d practices will perfonn transportservices. Note that transportation to an d from a medicalfacility for emergency servicesis included in th e daily per diem rate.B. Medical Transportation: Transportation and/or escort/stationary guard services for ICEdetainees housed at th e Service Provider' s facility to and from a medical facility foroutpatient care, and transportationand/or escort guard services for ICE detaineeshoused at the Service Provider's facility admitted to a medical facility; andto detainees .attending off-site court proceedings. An officer or officers, shall keep the detainee underconstant supervision t w e n t y ~ f o u r (24) hours pe r day until the d ~ t a i n e e is orderedreleased from th e hospital, or at the order of he ICE COTR. The Service Provider shall,without additional charge to ICE, provide stationary guard services during the initialeight (8 ) hours ICE detainees are admitted to an outside medical facility or attending off-site court proceedings. ICE agrees to reimburse the Service Provider for actualstationary-guard services provided at th e rate of $1.6.29 pe r hour. The Service Provideragrees to au.gment such practices as may be requestedby ICE to enhance specificrequirements for security, detainee monitoring, visitation and contraband control.

c. Indemnities; Furthermore, th e Service Provider agrees to hold hannless and indemnifyDHS/ICE and its officials in their official and ndividual capacities from any liability,including third-party liabilityor worker's compensation, arising from the conduct of theSeIVice Provider an d its employees during the course of transporting ICE detainees.

D. personal Vehicles; The Service Provider shall no t allow employees to use their personalvehicles to transport detainees. The Service Provider shall furnish vehicles equippedwith interior security features including physical separation of detainees from guards.The Service Provider shall provide interior security specifications of he vehicles to ICEfo r review an d approval prior to installation.E. Training and Compliance: The Service Provider shall comply with ICE transportationstandards (httn:/ 'wi'v"W.ice.g:ov/Daltners/dr%Dsmanual/index.htm) reIatedto th e

number afbours the Providers employee mayoperate a vehicle. The transportationshall be accomplished n th e most economical manner. The Service Provider personnelprovided for the above services shallbe of he same qualifications, receive training,complete th e same security clearances, and wear th e same uniforms as those persoroielprovided for in other areas of this agreement.

F. Same Sex: Trarumort: During all transportation activities, at least one (1) officer shall bethe same sex as the detainee. Questions concerning guard assignments shall be directedto th e COTR for final determination.G. Miscellaneous Transportation: The COTR or designated ICE official may direct th eService Provider to t r ~ o r t detainees to unspecified, miscellaneous locations.H. Billing Procedures; Th e itemized monthly invoice fo r such stationaIY guard servicesshall state the number ofhours beingbilled, th e duration of th ebilling (times and dates)and the name of he detainee(s) that was guarded. .

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lNWITNESS WHEREQF, the undersigned, duly authorized officers, have subscribed the irnames on behalf of he Gaston County an d Departmentof Homeland Security. U.S.Imn1igration and Customs Enforcement.

ACCEPTED: ACCEPTED:

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u.s. Immigration and Customs Enforcement Gaston County. [Name] It/d.. C/'NI'i


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A'ITESl) "

A.pproved As To Form:"Cct'--- /"" -County Attorney/Assistant Connty Attorney

704-869-6815

This instrument has been preandited in the manner required by the LocalGovernment Budget and Fiscal Control Act.

10. 16


15/19

IFOR' Io C t ENERGING SMAll. ,"wwoOM . . . . ~ , 5 . ~ Of! BEFORE rO.i.)

. Itl'SPI!:CTIOH Mult ip leDest inat ion '1' b'Low,""" """"'"~ ) H O SUPPlJESOR SERVICES PRICE -:" "':,'"o'

'",

Tax 10 Number: 56- 6000300N u m b 071062186.: ~ ~ ~ _ T a s k Orde r i s issued "against. theSerne t ! Agreement (IGSA)"0. for the following ,...

1& SIlll'PlNG POU


16/19

ORDER FOR SUPPUES OR SERVICESSCHED LE CONTINUATION

OS/" , , '007rTQI NO. 6UPnlESlSERVlCES., .,

0001

0002

1. services in accordanceIwtth .the attached IGSA, to include housing,and transportation during the periodI ~ f May 2007 throcgh 09/30/2007 a.e" th e

~ : : : : ' : : : , : C o u : : nty Jai l , 425 Marietta Street,j( NC, 28053.!2. Full funding provided fo r the thesein the amount o t 5657,000.~ ~ e to tal amount o t funding obliqated

u n UHr this Task Order is $657,000.The ORO Program Office POe is SOyhia R.202 b6The ICE Office o t Acquisition Manaaement

POC is Rachel E. Johnson, 202 . b6All terms and conditions of IGSA No.

remain ~ ~ c h a n g e d . IAdmin Oftice :OS Department o t Homeland Security

~ i 9 r a t i o n and .Customs Enforcement425 I Street , NWRIll 2208Washington, DC 20536

; ; , , ; ; : : ~ : , ; O : : f 7 p e r f o c m a n c e : 05(14/2007 to

Icost o t Bedspace a t the Gaston County Ja i l( 5 ~ beds, x 153 days x 560.00 per diem rate)~ : ~ ; : : ; : ~ ' r ~ . 3 0 Days After AwardII Info:SEE A T T A C H ~ N T A: .$459 , 000.00Cost fo r Transportation of Detainees fo rMay 2007 - September 3D, 2001.iTt.",;oott.t,on Officer Rate : $16.29

I~ ~ ~ : : : : : : ' ; ~ Info:/1 $198,000.06

459,000.00

U8,OOO.OC

TOTAl. CAAAIEDFORWARDTO IST'N;(fl'EW 171tm_. .

I'0

.459,000.00

198,000.00

----.-.-...... " " ' I ~ " "


17/19

ORDER FOR SUPPLIES OR SERVICESSCHEDULE CONTINUATION

OATEOFORDR: ICONTAACTNO .05/14/2007 IOROIGSA070006

- - ~ SUPPUSJUAVICES

'"~ c c o u n t i n q , Appropriation DatA {Bl oc k 91:

b2Low$541,500 . 00

b2Low$109,500 . 00The to ta l amount ot award : $657,000.00. TheIobliqat i on fo r th i5 award is "hown i n box11 (11

OItDfRED(e) (0 )

_1-.01-1_TOTAL CARRIEO FOftWNIIllD I f ! P1


18/19

AMENDMENTOF SOLICrTAnONIMODCFICATlDN OF CONTRACT

ICE/Oetentlon Hngt/Detent10nImmigration and Customs EnforcementOffice of Acquisition Management801 I Street NW, Suite 930Washinqton DC 20536

GASTON COUNTYPO SOx. 1578GASTONIA Ne 280531518

,1

ICE/Detention Mngt/OetentionImmigration an d Customs EnforcementOffice of Acquis i t ion Hanagement801 1 Stree t NW , Suite 930Specialis t .

01/06/2009On.___ .. a__ """""",,lnllllll'. . 0 .. ..:1""'"'" I o R O l ~

()IIoB . . . . . ~ . - i p l d l h i l ~ p r I O r t o ....___ . . . . . . . . . , ~ " " . . , . _ . . . . . ~ b y .... oIlho.-mgmalhod"'(IoJO"--.:>IlII i1Il11... _1: ; , orocI "-"'*'11 . ocp;.. 01 u.._It: b) By ~ i l I , ..... " " t ~ ; , __ . on.ad> CCIPV of Dill' ..... .. 1IW; Cf (e) ByIOlOr "'''''''''' ... . . . . . . . . . 0 IhoI


19/19

. REFERENCE NO. OF DOCUMENT BEING CONTINUED .CONTINUArtN SHEET DROIGSA-07 -0006/HSCEDM-09-F- IG064/POOOOl

NAME OF OFFEROR OR CONTRACTORGASTON COUNTYITEM NO.(A )

SUPPllESISERVICES(B )

Change Item 0001 to read as follows (amount shownis th e to ta l amount):

QUANTllY UNIT(C) (0 )

0001 Bed Space funding for Gaston Count Ja i l @ $60 / 41 .6667 EAbed-day. This is not to exceed $25,000.00The period of performance has been e x t ~ n d e d throught May 31 , 2009.Product/Service Code: S206Product/Service Description: GUARD SERVICESAll other terms and conditions r e ~ a i n th e same.

NSN 764()'OII52-8067

UNIT PRICE(E)

60.00

AMOLINT(F )

25,000.00

OPTiONAl FORM 33B (4-M)Sponoored by GSAfAR (4BCFR) 63.110

gaston county jail (north carolina) intergovernmental service agreement (igsa) with ice

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