IGSA - Dekalb County Detention Center, Fort Payne, AL

04/17/2009 09: 7 FAX 12563040472 ...um?"a~lnII::Y Detentlan Servlcell

S BUTLER

~ 003/013

Inte....ovemm.ntal All'ellment

Marshals Servl~ &. Prisoner Operations Division

DC 20530-1000

Dekalb County Detention Center 2801 Jordan ROBd, S.W. Ft. Payne, AL 36968

7.

erson

b6,b7c

Jail Administrator

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Prisoner Transportation Is

Title

16.

Detainee Type Authortzed

17.

Signature

Gale Watkins Name

Grants Analyst

Title

oale

to Sign (Feclel'8l)

Date

0910;3/2008 09: 9 FAX 12563040471

DEKALB DETENTION CENTER

~ 0041013

A reement Number 19-07-0052

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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 ..........?.. 4 41 ???????????????????????????????????????? , ??????????????????? 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 7 III ?????????? I ????????? I ???????????????? I ??????????????????????????????

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~??????????????.??????????? .................,... ,.. ,.. ,................. ,.. ,.......... 1a

Page 2 of 11

09103/2008 09: 9 FAX 12563040471

DEKALB DETENTION CENTER

A reement? Number 19-07?0052

~005/013

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.

I

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 (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.

Page 3 of 11

12563040471

DEKALB DETENTION CENTER

~006/013

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.

TiM~dlcal Services -L",*,') I

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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0910.3/2008 09: 0 FAX 12563040471

DEKALB DETENTION CENTER

~007/013

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

'SG vernment's responsibility to obtain them before a federal detainee 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.

I

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

141008/013

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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09/~3/200B 09: 0 FAX 12563040471

DEKALB DETENTION CENTER

~009/013

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.

S*hI 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

fofpr~ctlces as may be requested by the USM to enhance speCific requirements 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

Page 7 of 11

09/03/2008 09:3 FAX 12563040471

DEKALB DETENT! ON CENTER

14l010/013

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 '

L;calI

?

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: . 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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