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04/17/2009 09: 7 FAX 12563040472 S BUTLER ~ 003/013
... um·"a~lnII::Y Detentlan Servlcell
16.
Marshals Servl~ &. Prisoner Operations Division
DC 20530-1000
Prisoner Transportation Is
Detainee Type Authortzed
Inte .... ovemm.ntal All'ellment
Dekalb County Detention Center 2801 Jordan ROBd, S.W. Ft. Payne, AL 36968
7. erson Jail Administrator
Title oale
17. to Sign (Feclel'8l)
Signature
Gale Watkins Name
Grants Analyst Title Date
b6,b7c
b6,b7c
0910;3/2008 09: 9 FAX 12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
~ t"()rl~ ••••..••••••••.•••••••••. ,', •••.•.•••••••.••••••••••••••.•.••.•••••..•••••••.•.••••• ~ P rpose of Agreement and Security Provided .................................. 3 P rlod of Performance.,.I.I .....................•........ III ••••••••••••••••• , •••••••••• t 4
slgnment and Outsourcing of Jail Operations ............................... 4 M dlcal Services ..........•.. 41 •••••••••••••••••••••••••••••••••••••••• , ••••••••••••••••••• 4 R celving &. Discharge of Federal Detal~ees .................................... 5 G ard/Trahsportatlon Services to Medical Facility ............................ 6 G ard/Transportatlon Services to U.S. Courthouse .......................... 6 5 eclal Notifications III •••••••••• I ••••••••• I •••••••••••••••• I •••••••••••••••••••••••••••••• 7 A mlnlstrative Orders &. Agency Instructions ................................... 8 S rvlce Contract Act ..••. ,. .•...•.. ,., ....•.... , ..• ,.,.,. to •••••••••••••••• , • • • •• •• • • • • • •• 8 ~ r--£)/Et177 FtcI~ •. , ..•••.•...•.•••.....•.•.....•••.•.•....•••••...•.•..•..••...••.•.•.••.... fI 81 ling and Financial Provisions ...................................................... 9 P yment Procedures .......................................................... , "' ...... 10 I spectlons of Services ............... , ............................ III .................. : •• 10 LI bili~··············.··········· ................. , ... , .. , .. , ................. , .. , .......... 1 a
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~ 0041013
09103/2008 09: 9 FAX 12563040471 DEKALB DETENTION CENTER
A reement· Number 19-07·0052
P rsuant to the authority of SectlC?n 119 of the Department of Justice A proprtattons Acts of 2001 (Public Law 106-553), this Agreement Is entered In 0 between the United States Marshals Service (hereinafter referred to as th "Federal Government,,) and DekBlb County, AL (hereinafter referred to as "L cal Government"), who hereby agree as follows:
. P rpo .. of Agreement and Securtty Provided I
T e Federal Government and the Local Government establish this Agreement th t allows three (3) Federal·Government components, specifically, the U lted States Marshals Service (USMS) and the Federal Bureau of Prisons ( OP) of the Department of Justice (001); and the United States . I migration and Customs Enforcement (ICE) of the Department of Homeland SiCUrity (DHS), to house federal detainees with the Local Government a~ the o kalb County Detention Center (hereinafter referred to as "the fadlltyU). F r purposes of this Agreement, the term "Federal Government", as used h rein, shall mean any and all of the three Federal Government components. r sponslble for housing federal detainees, e.g. any notices required to be p oVlded to the Federal Government, Including Invoices, shall be provided to t e specific Federal Government component responsible for each federal d talnee, or material witness.
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The population, hereinafter referred to as "federal detainees," will be .
~dlviduals sentenced or charged with federal offenses and detained while
a altlng trial or sentencing awaIting desIgnation and transport to a BOP ditty, a hearing on their Immigration status, or deportation. I
ie Local Government shall accept and provide for the secure custody,
5 fekeeplng·, housing, SUbsistence and care of federal detalne8$ In a cordence with state and local laws, standards and procedures, or court o ders applicable to the operations of the facility, consistent with federal law, p IIcles and regulations. Unless otherwise specified by this Agreement, ~e Lbcal Government Is required, In units housing federal detainees, to perform i~ accordance with the most current versions of the mandCJtory standards of t~e American COrrectional ASSOCiation (ACA) "Standards for Adult Local
etentlon Facilities (ALDF)n, and the essential National CommIssion on rrectlonal Health Care (NCCHC) Standards, and the Federal· Performance
b sed Detention Standards (www.Ysdoi.QOv/ofdVst8ndards.htm). In addition, here ICE federal detainees are housed, the ICE federal detainees are to be
h used In accordance with ICE Standards ( • In cases where other s andards conflict with D01/DHS/lC! policy or standards, OOJ/OHS/lCE p IIcy and standards prevail.
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~005/013
12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
At all times, the Federal Government shall have access to the facility and to th federal detainees housed there, and to all records pertaining to this A reement, Including financial records, for a period not less than 3 years.
T~IS Agreement shall not affect any pre-existing, unrelated agreements ~een the parties or with any other third party or parties.
P_rlod of Parfonnance ; II •
T Is Agreement Is effective upon the date of signature of both partIes, and re alns In effect unless terminated by either party with written notice. The L I Government shall provide no less than 120 calendar days notice of th ir Intent to terminate. Where the Local Government has receIved a C operative Agreement Program (CAP) award, the termination provisions of th CAP prevail.
i I
*Ignment and Outsourcing of Jail Operations I
~erall management and operation of a facility housing federal detainees
m y not be contracted out without the prior express written consent of the F deral Government.
M~dlcal Services -L",*,') I Ti Local Government Is financially responsible for all medical treatment·
p vlded to federal detainees within the facility. The Local Government shall p vide the full range of medical care required within the facility Including d ntal care, mental health care, pharmaceuticals, and record keeping, as n;essary to meet the essential standards of the National Commission of C rrectlonal Health Care's Standards for Health Services of Jails (current e Itlon).
T~e Local Government will submit to the Federal Government requests for a proval of all treatment to be provided outside the facility. The Federal G vernment shall be responsible for the cost of approved outside medical t atment. -
In the event of an emergency, the Local Government shall-proceed I mediately with necessary medical treatment. In such an -event, the Local G vernment shall notify the Federal Government Immediately regarding the n ture of the federal detainee's Illness or Injury, type of treatment provided, a d the estimated cost thereof.
T e Local Government shalt promptlv forward medical Invoices for outside m dleal care to the Federal Government wIthin 30 days of receipt.
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~006/013
0910.3/2008 09: 0 FAX 12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
Th facility shall have In place an adequate Infectious disease control pr gram, which Includes testfng all federal detainees at the facility for tu erculosls (TB) as soon as possible upon Intake (not to exceed 14 days) an read within 72 hours. TB testing shall be accomplished In accordance wi h the latest CDC Guidelines and the results documented on the federal de alnee's medical record. The Local Government shall Immediately notify th Federal Government of any cases of suspected or active TB so that any sc eduled transports or production can be delayed until a physician verifies th federal detainee's TB status.
W en a federal detainee Is being transferred and/or released from the fa IIIty, they will be provided with seven days of prescription medication w Ich will be dispensed from the facility. When possible, generic medications sh uld be prescribed. Medical records must travel with the federal detainee. If he records are maintained at a medical contractor's fadllty, It Is the Local G vernment's responsibility to obtain them before a federal detainee 'S moved.
F deraJ detainees may be charged a co-payment fol'" medical services p vided by the Local Government. The Local Government shall administer th program in accordance with the Federal Prlsonel'" Health Care Co-Payment A of 2000 (Title 18401 3d). This statute does not cover ICE federal d talneesi co-payments shall not be collected from ICE federal detainees u der At£! circumstances.
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R elvlng & Discharge of Federal Detain ...
e Local Govemment agrees to accept federal detainees only upon p sentatlon by a law enforcement officer of the Federal Government with p per agency credentials.
e Local Government shall not relocate a federal detainee from one facility u der Its control to another facility not described in this Agreement wIthout p rmlsslon of the Federal Government.
I
;t Local Government agrees to retease federal detainees only to law e forcement officers of the Federal' Government agency Initially' committing th federal detainee (I.e., DEA, ICE, etc.) or to a Deputy United States M,rshal (DUSM). Those federal detainees who are remanded to custody by a DlIJSM may only be released to a DUSM or an agent speCified by the DUSM of th Judicial District.
U MS federal detaInees sought for a state or local court proceeding must be a ulred through a Writ of Habeas Corpus or the Interstate Agreement on o talners and then only with the concurrence of the district U Ited States Marshal (USM).
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0910,31200B 09: 0 FAX 12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
Ie federal detainees shall not be released to the custody of other Federal, st te, or local officials for any reason, except for medical or emergency sit atlons, without express authorization of ICE.
G ardlTranaportation Services to Medical Facility
T~Loca, Government agrees, upon request of the Federal Government i~ w ose custody a prisoner Is held~ to provide transportation and escort guard se Ices for federal prisoners housed at their fadllty to and from a medical fa IIIty for outpatIent care, and transportatIon and stationary guard services fo federal prisoners admitted to a medical facility.
\
S4ch services will be performed by at least two armed qualified law elforcement or correctional officer personnel employed by the Local G vemment under their policies, procedures, and practices. The Local G vemment agrees to augment such practices as may be requested by the U M to enhance speCific requirement for security, prIsoner monitOring, . vI Itatlon, and contraband control.
I
~! e Local Government will continue to be liable for the actions of Its
e ployees while they are transporting federal prisoners on behalf of the U MS. Further, the Local Government will also continue to provide worker:s' c~pensatlon to Its employees while they are providing this service. It Is fu er agreed that the local Jail employees will continue to act on behalf of th Local Government In providing transportation to federal prisoners on b half of the USMS. -
I F -rthermore, the Local Government agrees to hold hannless and Indemnify th USMS and Its offiCials In their offiCial and Individual capacities from any II blllty, Including third-party liability or workers' compensation, arising from th conduct of the local jail employees during the course of transporting fe eral prisoners on behalf of the USMS.
T~' e Federal Government agrees to reimburse the Local Government -at the ra e stipulated on page one (1) of this agreement. Mileage shall be -re mbursed In accordance with the current GSA mileage rate.
\
,G ardITranaportatJon Services to U.S. Courthouse
e Local Government agrees u'pon request of the USM In whose custody a pr soner Is helij, 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 two ar ed qualified officers employed by the Local Government under their
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141008/013
09/~3/200B 09: 0 FAX 12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
p lIeles, procedures, and practIces, and will augment such practices as may b requested by the USM to enhance speclftc requirements for security, p soner monItoring, and contraband control.
U on arrival at the courthouse, transportation and escort guard will tum fe eral prisoners over to Deputy U.S. Marshals only upon presentation by the d 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 to b transported.
E ch prisoner will be restrained In handcuffs, waist chains, and leg Irons d ring transportation.
I S*h services will be performed by quallfted law enforcement or correctional o cer personnel employed by the local Government under thetr poliCies, pr cedures, and practices. The Local Government agrees to augment such pr~ctlces as may be requested by the USM to enhance speCific requirements fof security, prisoner monitoring, visitation, and contraband control.
e local Government will continue to be liable for the actIons of Its e ployees while they are transporting federal prisoners on behalf of the U MS. Further, the local Government will also continue to provide workers' co pensatlon to Its employees while they are providing this service. It Is fu her agreed that the local jail employees will continue to act on behalf of th 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 and Its officIals In their official and Individual capacitIes from any liability, in luding thJrd~party liability workers' compensation, arisIng from the conduct of he local jaU employees during the course of transporting federal prisoners on behalf of the USMS.
Th Federal Government agrees to reimburse the Local Government at th~ ra e spedfled on page one (1) of this agreement. Mileage Shall be rei bursed In accordance with the current GSA mileage rate.
S clal Notifications I I
Th Local Government shall notify the Federal Government of any actIvIty by a f, deral detainee which would Ukely result In litigation or alleged crl Inal act:lvlty.
Th local Government shall Immediately notify the Federal Government of an es ape of a federal detainee. The Local Government shall use all reasonab!e
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~009/013
09/03/2008 09:3 FAX 12563040471 DEKALB DETENT! ON CENTER
Ag eement Number 19-07-0052
mans to apprehend the escaped federal detainee and all reasonable costs In co nectton therewith shall be borne by the Local Government. The Federal G vei"nment shall have primary responsibility and authority to direct the p rsult and capture of such escaped federal det8lnees. Additionally, the '
I • L;cal Government shall notify the Federal Government as soon as possible w en a federal detainee Is Involved In an attempted escape or. conspiracy to e cape from the facility.
~' the event of the death or assault of a federal detainee, the Local
Government shall immediately notify the Federal Government.
dmlnlstrativG Ord .... & Ag.ncy instruction. ' I •
ior admInistrative convenience, the Federal Government may request ervlces not I1sted in this Intergovernmental Agreement (IGA) (I.e. Guard eNlce, Transportation, etc). Any IndIvIdual agency orders with the Local ovemment shall clearly define the addItional services and/or procedures, a
fasonable price, If any, and state that all other terms and conditions of this
GA remain In effect.
arvtce Contract Act I
~IS Agreement Incorporates the f01lowing clause by reference, with the ~ame force and effect as If It was given In fun text. Upon request, the full text
till be made available. The full text of this provision may be accessed lectronlcally at this address: www.amet.gov.
IFederal 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 - Price Adjustment (Multiyear and Option Contracts) (May 1989)
The current local government wage rates shall be the prevailing wages unless notlfled by the Federal Government.
Per-DIem Rata
The Federal Government will use various prtce analysis techniques 'and procedures to ensure the per-diem rate established by this Agreement Is considered a fair and reasonable price. Examples of such techniques indude but are not limited to, the following: I
1. Comparison of the requested per-diem rate with the Independent government estimate for services, otherwise known has the Core Rate;
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09/03/2008 09:3 FAX 12563040471 DEKALB DETENTION CENTER
Ag eement Num~er 19-07-0052
2. Comparison with per-diem rates at other state or local facilities of simllar size and economic conditions;
3. Comparison of prevIously proposed prices and previous Federal Government imd commercial contract prices with current proposed prices for the same or similar Items;
4. Evaluation of the provided jall operating expense Information;
e flrm-flxed per-diem rate for services Is $47.00, and shan not be subject t adjustment on the basis of the Dekalb County Detention Center's actual c st experience In providing the service. The per-diem rate shall be fixed for a period from the effective date of the Agreement forward for 36 months. Teper-diem rate covers the support of one federal detainee per ~ederal d tal nee day", which shall Include the day of arrival, but not the day of d parture.
!
~fter 36 months, If a rate adjustment Is desired, the LDcal Govemment shall Sebm1t a request through the elGA area of the Detention Services Network ( SNetvyork). All Information pertaining to the jail on DSNetwori< will be r qulred before a new per-diem rate can be considered.
I .•
e per-diem rate covers the support of one federal detainee per "federal etalnee day", which shall Include the day of arrival, but not the day f departure.
I1l1ng and Financial Provisions
ine Local Govemment shall prepare and submit for certification and·
f,ayment, original and separate Invoices each month to each of the Federal ovemment components responsible for federal detainees housed at the
acUity. . !
the addresses for the USMS components are:
Lnlted States Marshals Service ~orthem District of Georgia ~669 Federal Building
tlanta, GA 30303 404) 331-6833
o constitute a proper monthly Invoice, the name and address of the facility he 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 ~mount billed (total days multiplied by the rate per day) shall be listed, along with the name, title, complete address and telephone number IOf the Local Government omclal responsible for Invoice preparation. I • I I
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09/03/2008 09: 0 FAX 12563040471 DEKALB DETENTION CENTER
A reement Number 19-07-0052
N thing contained herein shall be construed to obligate the Federal G vernment to any expenditure or obligation of funds in excess of, or In a vance of, appropriations In accordance with the Anti-Deficiency Act, 31 U.S.C. 1341.
P yment Procedures
e Federal Government will make payments to the Local Govemment on a onthty baSiS, promptly after receipt of an appropl1ate Invoice.
e Local Government shall provide a remittance address below:
o kalb County DetentIon Center 2 01 Jordan Road, S.W. F . Payne, AL 36968
I ",odiflcatlons and Disputes
i
ilther party may Initiate a request for modification to this Agreement in rltlng. All modifications negotiated will be effective only upon written pproval of both parties.
isputes, questions, or concerns pertaIning to this Agreement will be solved between appropriate officials of each party. Both the parties agree
t at they will use their best efforts to resolve that dispute In an Informal shlon through consultation and communIcation, or other forms of nonIndlng alternative dispute resolution mutually acceptal;lle to the parties.
I~spectlons of Servlce~ I
E· e Local Government agrees to allow periodIc InspectIons of the facillty by ederal Government Inspectors. Findings of the Inspection wtll be shared lth the facility administrator In order to promote Improvements to facility perations, conditions of confinement, and levels of services. .
I ~Iabmty
e Local Government shall protect, defend, indemnify, save and hold armless 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 performance f this Agreement by the Local Government, Its agents, sub-contractors, mployees, assignees or anyone for wham the Local Government may be sponslble. The Local Government shall also be liable for any and all costs,
xpenses and attorneys fees Incurred as a result of any such claim, demand,
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09r03/2008 09: 1 FAX 12563040471 DEKALB DETENTlON CENTER
A reement Number 19-07-0052
c use of action, judgment or liability, Including those costs, expenses and a omeys fees Incurred by the Federal Government, DOl, OHS and Its e ployees or agents. The Local Government's liability shall not be limited by a y provision or limits of Insurance set forth In the resulting agreement.
A ardlng the Agreement, the Federal Government does not assume any II blllty to third parties, In awarding and administering this Agreement, the F deral Government does not assume any liability to third parties, nor wilt
e Federal Government reimburse the Local Government for Its l1ablllties to t ird parties, with respect to loss due to 'death, bodlly Injury, or damage to
roperty resultlng In any way from the performance of the Agreement or any bcontract under this Agreement.
he Local Government'shall be responsible for all litigation, Including the cost f litigation, brought against It, Its employees or agents for alleged acts or missions. The Federal Government shall be notified In writing of all •
I tlgatlon pertaining to this Agreement and provided copies of any pleadings led or said litigation within five working days of the flUng.
fe Local Government shall cooperate with the Federal Government legal
aff and/or the United States Attorney regarding any requests pertaining to ederal Government or Local Government litigation.
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l4J013/013
U. S. Department of Justice United States Marshals Service
1. Agreement No. 19-07-0052
6. Issuing Federal Agency
2. Effective Date See Block 13B.
United States Marshals Service Prisoner Operations Division Detention Operations - East Washington, DC 20530-1000
Modification of Intergovernmental Agreement
3. Facility Code(s) 4. Modification No.5. DUNS No. 4Z7 TWO (2)
7. Local Government
Dekalb County Detention Center 2801 Jordan Road, SW Fort Payne, AL 35968
8. Appropriation Data 15X1020
9. Per-Diem Rate $ 47.00
10. Guard/Transportation Hourly Rate $ 13.00
11. 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 THIS AGREEMENT.
BILLING AND FINANCIAL PROVISION SHOULD BE SENT TO:
U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ATTN: MARLENE CLOUD 1010 E. WHATLEY ROAD OAKDALE, LA. 71463 (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 DOCUMENT
13. APPROVALS
A. LOCAL GOVERNMENT
Signature
TITLE DATE
B. D LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ALL COPIES TO U.S. MARSHAL
B. FEDERAL GOVERNMENT
'::l. . B a """" R , ) Signature
TITLE 5iM09
ID E Grants Analyst
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