0 3/03/ 20 01 14 46 FAX @ 00 1/02 1 . i " u.s. DepartmeDt of J.stico ! . Modifi...tion .. United Stset Malsha1s Servh:e 1. MODIFICATION NO. 2. REQUEST FOil DETENTION SER,V(CES NO. Or late'llo.ermaeniiol Agreement I ? 3. EFfECTIVE DATE Of MODifICATION 07-119 TWO (2) s. o o ISSUING OFflCB U."5 . MARSHALS SERVI~ , . February 1,2007;' ?. . LOCAL GO~MENT 6.IGANO. Boone County Dctenlion Center wwtss SE;CUQ.!IY .t 3200 COI'IllUI Lan,e PlusONE.R OPERATIONS DIVl.S(ON Burfl"P'L ltY 4100' 32-02-0110 7. fACILITY cOnB(S) WASHINGTON, D.C. 20'30-1000 ? ~un: 4YX R4niUi L. Barbee ? 9. ESTIMATED ANNUAL p.~~N1' I. ACCOUNTING C[TAnON' lSXI020 NlA o , to. UCEPT AS PROVlDEt> SPECli'ICALLY lIERJ;lN. ALL 1ERMS AND CONDITIONSOP THE lOA lXlCUMEl'IT WERRED to IN BLOCK S, REMAIN UNCHANOED. TElIMS OF TInS MODIFICATION: . Tho purpose of this modification is tD increue the 1'ransportatlon/Guard rate from Sl~.OO tc? $23.00?, :me milOa.ge reimbw1ement wilt refloc.t the GSA prcveilil18 rate. No OIbcr terms or conditions, to ;ncludc price, iar'e eff~ by 1hl,,,,,-. 1 t. INSTRUCIlONS TO LOCAL GOVEItNMENT rOR .txE.('U110N' OF TBlS MODIPlCAUONi A. CJ LOCAL GOVlStNMnrr IS NOT lU!.QUIRED ro SIGN THIS DOC1JMENT B. 181 . '.OCAL GOVERNMeNT IS ~0lRII> . TO SIGN nns DOCUMENT A D 'RETUtuII --L COPIES "TO U.S. MARS}{AL : ? , : i' j' i o I.'" . : ,, o Al' A. LOCAL GOVE&NMENr ~g,du :&aa:: a rrru: SI~mWl'. I o/4si~ ,?o II. FEDERAl. OOVERNMI;NT . ,I : .. o I ,.i SigPIu(ItT' J/r (,'7 CrOM ?A'~" , , DA.TE , , TITLE DATE FDr.rn -USM-241aUSMS BQ USE ONLV (RoV:S,m . Pa.....L of. -Ll'.." .' !, ' . 039312001 1411? FAX 002/ a 021 ILLS. Department of Justice .United States Marshals Service Modi?cation of Intergovernmental Agreement l. MODIFICATION NO. 2. REQUEST FOR. DETENTION SERVICES N0. . EFFECTIVE DATE OF MODIFICATION ONE 317-02 4. ?tssumo OFFICE 5. LOCAL GOVERNMENT 6. N0. v.5. MARSHALS SERVICE Boone County 32-02-0110 PRISONER OPERATIONS DIVISION Boone County Detention 'Center mm: ocbmorowm 2950 E. Washington Street 7. FACILITY Washington, DC 22202 Burlington, KY 41005 4YK . AUCUUNIINU 9. LEIIMA IWWNUALTAYMENT ISXIDZO IU. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMS AND CONDITIONS OF THE IGLPL DOCUMENT REFERRED TO IN BLOCK 5. REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation 15 to change the IGA No. to 32-02-0110 and change the mileage rate to the current GSA approved rate. Delete the reference to the mileage rate of $.31 as shown ln block 12 and add the following to Block of FORM dated Oct. 9, 1998: 'Mlleage reimbureement per GSA Trayel Rag ulatione? The Intergovernmental Agreement is canceled and the new number Is stated in Block No. F: above. I I . INSTRUCTIONS TO LOCAL GOVERNMENT OR EXECUTION OF THIS MODIFICATION: A. LOCAL oovemmem IS NOT REQUIRED E. LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT AND RETURN COPIES T0 MARSHAL 12. APPROVALS A. L3CALGOVE WT B. Fina GOVERNMENT Ma LIL JUL- Signature Signature (a Dobro 15mm: Connecting Officer TITLE DATE TITLE DATE Farm USMuerla (RM. MEG) 033?033'2001 1424? uf?Justine United Stath?s Marshals Modi?catihn of Intergovernmental Agreement? 2. EFFECTIVE DATE OF MODIFICATIDN 1. MODIFICATION N0. March 1, 1997 011E (1) 3. ISSUING OFFICE 4. LOCAL GOVERNMENT 5. IGA ND. Boone County Detention Cents: 2950 E. Washington Square Burlington. KY 41005 US. MRSHALS SERVICE PRISONER OPERATIONS DIVISION IGA SECTION 600 ARMY NAV DRIVE ARLINGTON, VA 12202-4210 6. FACILITY CODEES) 7. ACCOUNTING CITATION ?mom Additional $94,117.50 5. ESTIMATED ANNUAL EXCEPT AS PROVIDED SPECIFICALLY HEREIN: ALL TERMS AND CONDITIONS OF THE DOCUMENT REFERRED TO IN BLOCK 5 . REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modification is to increase the per diem rate from $36.00 to $44.65 effective. Hatch l. 199?. ?10. WSTRUCTIGNS T0 LOCAL GOVERNMENT FOR EXECUTIOFI [3 LOCAL GOVERNMENT 13 NOT REQUIRED TO SIGN THIS DOCUMENT A. COPIES T0 MARSHAL LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN I 1 . APPROVALS: Vicki _L1pav n. FEDERAL GOVERNMENT I awruwj? I g: i g? 3? Canyacring O??icar I 8 BEN TITLE DA TITLE DATE Form Page I of Pages UBIUSIZOUT 14247 FAX calm Em'uq of Justice U?ite? 5mm Marshals Service 0041021 Intergovernmental Service Agraement Housing of Federat Prisoners EELOIL I. AGREEMENT NIIMHEE 1. EFFECTIVE DATE no. 4. CONTROL ND. '10 J, 1 I 96 162?96 5. 155mm OFFICE 6. ENTITY FACILITY 43x UNITED STATES MARSHALS SERVICE NAME AND I PRISONER OPERATIONS DIVISION ADDRESS Boone Ccunty Detention Center 10A SECTION (Street. City. 2950 E. Washington Square GDOARMY NAVY DRIVE county, State Ky 41005 ARLINGTON. VA 22202-4210 and ZIP can't! DATA PEI- Jail Administrator 15x10 20 3? Area God: .5: Telephone No. p- (506) WW II. 9. 10. ll. 12. 13. ITEM NO. SUPPLIESISEEVICBS QUANTITY UNIT UNIT PRICE AMOUNT This Agrcarent is for the housing, safekeeping and subsistence cf Ear-Is ESTMTED adult male and female federal PRISONER PER DIEM ANNUAL prisoners includ ing DAYS KER. RAE PAW and guard services in accordance 21:10 w1th the Contents set forth harem. 0? 9 Em GUARD HRS 1,000 GHE $15 .00 5 15,0510 2 . mm m5 3 . 31L 620 I4. 15. NAME AND TITLE OF PEESDNIS) AUTHORIZED TO SIGN OFFER To the best of my knowtedge and better, data pm 10 23 95 submitted in support of this agreement is true (Stgnatrw) AGENCY and correct, the document has bean duty au- mum County 3311.2:- CER TIFYING that'wa by the governing body of the Depart? - -- - Tm: meat or Agency and the or Agency wit! compty with ALL PROVISIONS SET FORTH HEREIN IE. TYPE OF USE IT. PRISONER TYPE TO BE INCLUDED 19- Negotiated Agree-mat! l3 Approved and Acceptidfar Hold UNSENTENCED SENTENCED Regular Support Adult Mn]: 5'3 Adult Male [1 Seascn?l EuppuI-I I3 Female Eq Adult chale THE UNITED STATES OF AMERICA [3 GIth Juvenih: Male Juvenile Male BY DIRECTION OF THE DIRECTOR THE UNITED 13' Juvcr?lc Fen-131: JuVen?c chalc {3 Minimum CI Alicns El Work mm: Mcdium CI YEA Maln- YEA I-?cm In 3 ,7 DE Major 5 o?bowrucrmo OFFICER) an.? ANNUAL USAGE NAME or DATE 51mm: UNSENTENCED ALIENS TOTAL mp: or pram} No. of Prisoner: Prisoner Days Vicki Guard Hours 1 .000 GM 9 [990 PRIOR EDITIONS ARE OBSOLETE ANIJ ARE NOT TO BE USED FORM HEM-241 (RDV. 355) 'H'h 14:4? FAX 005E021 hapmment of Justice I United 5mm Marshals Service Intergovernmental SarVitE Schedule 1G?_g??_m_211 Page ARTICLE I PURPOSE The purpose of this Intergovernmental Service Agreement (IGA) is to establish a formal binding relationship between the Marshals Service (UEMS) and other federal user agencies (the Federal Government) and Boone County (the Local Government} for the detention of persons charged with or convicted of violations of Federal law or held as material witnesses (federal prisoners) at the Boone County- Detention Center (the facility). ARTICLE II - ASSIGNMENT AND CONTRACTING OF CATEGORICAL EEOJEQT- EUPPORTED EFFORT 1. Neither this agreement nor any interest therein, may be assigned, or transferred to any other party without prior written approval by the USMS. 2. None of the principal activities of the project-supported effort shall be contracted out to another organization without prior approval by the USP-ES. Where the intention to award contracts is made known at the time of application, the approval may be considered granted if these activities are funded as proposed. 3. All contracts or assignments must he formalised in a written contract or other written agreement between the parties involved. 4. The contract or agreement must, at a minimum, state the activities to be performed, the time schedule, the project policies and the flow?through requirements that are applicable to the contractor or other recipient, other policies and procedures to be followed, the dollar limitation of the agreement and the cost principles to be used in determining allowable costs. The contract or other written agreement must not affect the recipient's overall responsibility for the duration of the project and accountability to the Government. ARTICLE - SUPPORLAND MEDICAL SERVICES 1. The Local Government agrees to accept and provide for the secure custody, care and safekeeping oi- federal prisoners in accordance with state and local laws, standards, 'policies, procedures, or court orders applicable to the operations of the facility. 2. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided local prisoners including the transportation and security for prisoners requiring removal from the facility for emergency medical Faun (Rev. 2:92} 03/?0352001 14:47 FEW ILLS. Department of Jus?cc [Linked Stars: Ma'?i'hdf?? Service Intergovernmental Service Agreement Schedule Page services. All costs associated With hospital or health care Services provided outside the facility will be paid directly by the Federal Government. The Federal Government shall reimburse the Local Government for these costs. In the event the Local Government has a contract with a medical facility/ physician or receives discounted rates. the federal prisoners shall be charged the same rate as local prisoners. 3. The Local Government agrees to notify the U.S. Marshal as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services required. 4. when a federal prisoner is being transferred via the UEMS airlift, he/she will be provided with three to seven days of prescription medication_which_will be dispensed from the detention facility. When possible, generic medications should be prescribed. 5. Medical records must travel with the federal prisoner. If the records are maintained at a medical contractor's facility, it is the detention facility's responsibility to obtain them before a federal prisoner is.moved. 6. Federal prisoners will not be charged and are not required to pay their own.medical expenses. These expenses will be.paid by the Federal Government. 7. The Local Government agrees to notify the 11.5. Marshal as soon as possible when a federal prisoner is involved in an escape, attempted escape, or conspiracy to escape from the facility. ARTICLE IV - RECEIVING AND DISCHARGE l. The Local Government agree to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials. 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initially committing the prisoner DEA, INS, etc.) or to a Deputy United Stats Marshal. Those prisoners who are remanded to Custody by a U.S. marshal (USM) may only be released to a USM or an agent specified by the USM of the Judicial District. 3. The Federal Government agrees to maintain federal prisoner population levels at or below the level established by the facility administrator. Form (Rev. USHOBKZUW 1424? FAX "13.5. bc??rtmenl. of Jusllce filmed State: Marshals Service Intergovernmental Service Agreemem Schedule Pa .9 12 4. Federal prisoners may not he released from the facility or placed in the custody of state or local officials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the concurrence of the District U.S. Marshal. ARTICLE - PERIOD OF PERFORMANCE AND BEDSPACE GUARANTEE This agreement shall remain in effect for a period of twenty (20) years after the project(s) listed in Schedule of CAP Agreement No. 05-32-96 is completed. The Local Government agrees to provide twenty-five (25} hedspacas for Federal prisoners, until the completion of the projects listed in Schedule and for thirty (30) bedspaces in USMS custody, each day upon the-request of the U.s. Marshal commencing on the date of completion and activation of all projects listed in the above mentioned CAP Agreement. After the twenty (20) year period provided for in the above mentioned CAP Agreement is completed, the Agreement shall remain in effect indefinitely until terminated or suspended in writing by either party.. Such notice will be provided 30 days in advance of the effective date of formal termination and at least two weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT 1. Per diam rates shall be established on the basis of actual and allowable costs associated with the operation of the facility during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Government at the fined day rate identified on page 1 of this Agreement. The rate may be renegotiated not more than once per year, after the agreement has been in effect for twelve months. 3. The rate covers one (1) person per ?prisoner day". The Federal Government may not be billed for two days when a prisoner is admitted one evening and removed the following morning;- The Local Government may bill for the day of arrival but not for the day of departure. 4. When a rate increase is desired, the Local Government shall submit a written request to the USN at least 60 days prior to the desired effective date of the rate adjustment. All Such requests must contain a completed Cost and Pricing Data sheet which can be obtained from the USM. The Local Government agrees to provide Form (he. an) 03.30312001 1-1 2 ?18 FMC 43.5. of Justice I based Store: Marsha}; Service 008;?321 IGA Na. Intergovernmental Service Agreement Schedule additional cost information.to support the requested rate increase and to permit an audit of accounting records upon request of the USM. 5. Criteria used-to evaluate the increase or decrease in the per diem rate shall be those specified in the federal cost standards for contracts and grants with State and Local Governments issued by the Office of Management and Budget. 6. The effective date of the rate modification Will be negotiated and specified on the IGA Modification form approved and signed by a USMS Contract Specialist. The effective date will be established on the first day of the month for accounting purposes. Payments at the modified rate will be paid upon the return of the signed modification by the authorised-local official to the USM. ARTICLE VII - BILLING AND FINANQIAL l. The Local Government shall prepare and submit original and separate invoices each month to the Federal Agencies listed below for certification and payment. United States Marshals Service P.O. Box 30 Lexington, KY 40507 (506) 233-42513 2. To constitute a proper invoice, the name and address of the facility, the name of each Federal prisoner, their specific dates of confinement, the total days to be reimbursed, the appropriate per diem rate as approved in the IGA, and the total amount billed (total days multiplied by the rate per day) shall be listed. The name, title, complete address and phone number of the local official responsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act, Public Law 97-177 (96 stat. B5, 31 USC 1301) is applicable to payments under this agreement and requires the payment to the Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provrsions 0f the Prompt Payment Act and the Office of Management and Budget Circular n~125. - 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the.invoice. If the due date falls on Form HEM-24113 (Rev. 23'92] 14148 Fri?! 093M321 its. panama?: of Justice United 5mm Marshals Service Intergovernmental Sortice Agreemem Schedule a nonworking day Saturday, Federal holiday), then the due date will be the next working day. The date of the check_issued in payment shall be considered to be the date payment is made. ARTICLE - SUPERVISION AND MONITORING RESPONSIBILITY All recipients receiving direct awards from the USMS agency are responsible for the management and fiscal control of all funds. Responsibilities include the accounting of receipts and expenditures, cash management, the maintaining of adequate financial records, and the refunding of expenditures disallowed by audits. ARTICLE IX - ACCOUNTING SYSTEMS AND FINANCIAL RECORDS 1. The recipient shall he required to establish and maintain accounting systems and financial records that accurately account for the funds awarded. These records shall include both Federal Funds and all matching funds of State, local and private organizations. State and.local recipients shall expend.and account for funds in accordance with. State laws and procedures for expanding and accounting for its own funds, as well as meat the financial management standards in 23 Code of Federal Regulations (CPR) Part 66 and current revisions of Office of Management and Budget (OMB) Circular Cost Principles for State and Local Governments. . 2. Recipients are.responsible for complying with OMB Circular A- 87 and 28 CFR Part 66 and the allowahility of the costs covered therein (submission of Form . To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowahility under the specific cost principles, recipients must obtain prior approval on the treatment of special or unusual coats. 3. Requests for prior approval must be in writing and justified with an explanation to permit review of the allowahility of the costs. The requests are to be submitted: a. Through inclusion in the application: or b. As a separate written reguest to the USMS. 4. Changes in IGA facilities: The USMS shall be notified by the recipient of any significant change in the facility, including significant variations in. inmate populations, which causes a significant change in the level of services under this IGA. The notification shall be supported with sufficient cost data to permit the USMS to equitably adjust the per diem rates included in the IGA. Depending on the size of the facility for purposes of Farm (Rev. 0330332001 14:48 FME 010.3021 ?13.5. bs'partment nr Justice Untied Stare: Marshals Service Intergovernmental Service Agreement Schedule Pug; 12 assessing changes in the population, a 10% increase or decrease in the prison.population shall be a "significant increase or decrease" for purposes of this subsection. ARTICLE I: MAINTENANCE AND RETENTIQN 0F RECORDS AND AQQESS RECORDS 1. In accordance with 28 CFR Part 66 and OMB Circular hello, all financial records, supporting documents, statistical records and other records pertinent to contracts or sub-awards awarded.with CAP funds shall be retained by each organization participating in the program or project for at least 3 years for purposes of Federal examination and audit. 2. The 3-year retention period set forth in paragraph 1. above, starts from the date of the submission of the final expenditure report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3~year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular Bayear period, whichever is later. 3. Access to Records: The USMS and the Comptroller General of .the united States, or any of their authorized representatiVes, shall have the right of access to any pertinent books, documents, papers, or other records of recipients or its sub- recipients/contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. 4. Delinquent debt collection: The USMS will hold recipient accountable for any overpayment, audit disallowance or any breach of this agreement that reaults in a debt owed to the Federal Government. The USMS agency shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. ARTICLE KI - GOVERNMENT FURNIEHEE EROPERTY . nod? It is the intention of the UEME to furnish excess Federal property to local governments for the specific purpose of improving jail conditions and services. Accountable excess property, such as furniture and equipment, remains titled to the USMS and shall he returned to the custody of the USMS upon termination of the agreement. 2. The Local Government agrees to inventory, maintain, repair, assume liability for and manage all federally provided accountable property as well as controlled excess property. Such property Form (Rev. $92) 033?03f2001 14:48 FAX (111/021 "13.5. ?sherman: of Justice United Srarr; Marshal's Service . . Intergovernmental Service Agreement Schedule ?wgfiz cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be immediately reported to the U.S. Marshal and USMS Headquarters. Accountable and controlled excess property'includes any property with a unit acquisition value of $1,000.00 or more, all furniture, as well as equipment used for security and control, communication, photography, food service, medical care, inmate recreation, etc. 3. The suspension.cf use or restriction of bedspace made available to the Marshals Service are agreed to be grounds for the recall and return of any or all government furnished property. 4. The dollar value of property provided each year will not exceed the annual dollar payment made by the USMS for prisoner support unless a specific exemption is granted by the Chief, Prisoner 'Operations Division. 5. It is understood and agreed that the Local Government shall fully defend, indemnify, and hold harmless the united States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation or handling of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownership is retained by the United States of America, and.to pay all claims, damages, judgments. legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely'reSponsible for all?maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Government. ARTI LE XII - 1. Either party may initiate a request for modification to this agreement in writing. -All modifications negotiated will be written and approved by the USMS Contracting Officer and submitted to the Local Government on form USM 241a for approval. 2. Questions or concerns pertaining to this agreement {other than CAP space guarantees} will be directed to the U.S. Marshal. CAP space guarantee questions along with other unresolved issues are to be directed to the Chief, Prisoner' Operations Division, USMS Headquarters . ARTICLE INSPECTION The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote Form HEM-2413 (Rev. 1?92] 03f03f2 1 ?1 012N321 haparlment of Jusllce I Unilaa' Stare: Marshal; Service Intergovernmental Service Agreement Schedule Hag! :2 improvements to facility operations, conditions of confinement and levels of services. The mandatory minimum conditions of confinement which are to be met during the entire period of the IGA Agreement are: 1. Adequate, trained jail staff will be provided 24 hours a day to supervise prisoners. Prisoners will be counted at least once on every shift, but at least twice in every 24 hour period. One of the counts must be visual to validate prisoner occupancy . 2. Jail staffing will provide full coverage of all seCurity posts and full surveillance of inmates. 3. Jail will provide for three meals per day for prisoners. The meals must meet the nationally recommended dietary allowances published by the National Academy of Sciences. 4. Jail will provide 24?hour emergency medical care for prisoners. 5. Jail will maintain an automatic smoke and fire dtection and alarm 5117313111, and maintain written policies and procedUres regarding fire and other safety emergency standards. 5. Jail will maintain a water supply and waste disposal program that is certified to be in compliance with applicable laws and regulations. ARTICLE XIV - CONFLICT OF INTEREST Personnel and other officials connected with the agreement shall adhere to the requirements given below: 1. Advice. No official or employee of the recipient, a sub- recipient, or a contractor'shall participate personally through - decisions, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise.in r? e. request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which Department of Justice funds are used, where to his/her knowledge, hefshs or his/her immediate family, partners, organization other than a public agency in which he/she is serving as an officer, director, trustee, partner, or employee or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment, has a: financial interest, or less than an arms-length transaction- Form (Rev. 03/03x2oo1 1:12:13 FHH 013.3021 of Justice United States Morr?afr Service . IGA Pa Nu. Intergovernmental Service Agreement Schedule WP fa Jr. 13 2. Appearance. In the use of Department of Justice project funds, officials or employees of the recipient, a sub-recipient or a contractor, shall avoid any action which might result in, or create the appearance of: Using his or her official position for private gain; Giving preferential treatment to any person; Losing complete independence or impartiality; Making an official decision outside official channels; or Affecting adversely the confidence of the public in the integrity of the Government or the program. ARTICLE XV SERVICES To MEDICAL FACILITY l. The local government agrees, upon.rsQuest of the federal agency in whose custody a prisoner is held, to provide: a. Transportation and escort guard services for federal prisoners housed at their facility to and from a medical facility for outpatient care, and h. Transportation and stationary guard services for federal prisoners committed to a medical facility. c. Within the first twenty?four {24) hours, the Federal Government will provide the guard services. 2. Such services will he performed by qualified law enforcement or correctional officer personnel employed by the local government under their policies, procedures and practices. The local Government agrees to augment such practices as may be requested by the U.S. Marshal to enhance specific requirements for security, prisoner monitoring, visitation and contraband control. 3. The Local Government will continue to be liable for the actions of its employees while they are transporting federal prisoners on behalf of the U.S. Marshals Service- Further, the Local Government will also continue to provide workers? compensation to its employees while they are providing this service. It is further agreed that the local Jail employees will continue to act on behalf of the Local Government in providing transportation to Federal prisoners on.behalf of the U.s. Marshals Service. .4. Furthermore, the Local Government agrees to hold harmless and indemnify the v.5. Marshals Service, and its officials in their official and individual capacities from any liability, including third party liability or workers' compensation, arising from the Farm USN-2413 (Rev. 2M2) 11112-113 FAH TLS. broken-imam of Justice United Stare: Marshals Service Intergovernmental Service Agreement scheduie Page conduct of the local jail employees during the course of transporting Federal prisoners on behalf of the U.S. Marshals Service. 5. The Federal Government agrees to reimburse the Local Government at the rate stipulated on Page one (1) of this Agreement. ARTICLE - SERVICES TO ELS. COURTHOUSE l. The Local Government agrees upon request of the U.S. Marshal in whose custody a prisoner is held, to provide transportation and escort guard services for Federal prisoners housed at their facility to and from the U.S. Courthouse. The Local Government agrees to the following: Transportation and escort guard services will be performed by at least two (2) armed qualified officers employed by the Local Government under their policies, procedures and practices, and will augment such practices as may he requested by the 11.5. Marshal to enhance specific requirements for security, prisoner monitoring, and contraband control: Upon arrival at the Courthouse, transportation and escort guards will turn Federal prisoners over to Deputy U.s. Marshals only upon presentation by the Deputy of proper law enforcement credentials; The Local Government will not transport Federal prisoners to any LLB. Courthouse without a specific request from the 11.5. Marshal who will provide the prisoner's name, the. U.S. Courthouse; and the. date prisoner is to be transported. 2. Each prisoner will be restrained in hand cuffs, waist chains and leg irons during transportation. 3. Such services will be performed by qualified law enforcement or correctional officer personnel employed by the Local Government under their policies, procedures and practices. one' Local I - Government agrees to augment such practices as may be requested by the U.S. Marshal to enhance specific requirements for security, prisoner monitoring, visitation and contraband control. 4. The Local Government: will. continue to be liable for the actions of its employees while: they' are 'transporting- federal prisoners on behalf of the U.S. Marshals Service. Further, the Local Government will also continue to provide workers? compensation to its employees while they are providing this service. It is further agreed that the local jail employees will Form HEM-2415 (Rev. 21'92) OSIOSK2CIICI1 14:43 FAR U15f021 of Justice United Slates Mar-malt Service IntergovernmentaI Service Agreement Schedule Pig 12 continue to act on behalf 0f the Local Government in providing transportation to Federal prisoners on behalf of the 0.3. Marshals 4 5. Furthermore, the Local Government agrees to hold harmless and indemnify the U.S. Marshals Service, and its officials in their official and individual capacities from any liability, including third party liability or workers' compensation, arising from the conduct of the local jail employees during the courSe of transporting Federal prisoners on behalf of the ILS. Marshals Service. 6. The Federal Government agrees to reimburse the Local Government at the rate specified on Page one (1) of this Agreement. Form (Rev. 2(92] ?1:43 FHH 01Ef021 1-3123/5383 15: 35 2155? IA Us IMMIGRATIE 32 .ult'l'u'rzcjui? of JustiL? I E?we?l Tum? UniIcu Emu Marshals Sawing Housiug a f?he. .411 .rr??ggm Flat or I AGREEMENT NUMBER 2. EFFECTIVE DJITE 3. 2 I BE vi! ?Eum? OFFEE ,r 5. GOVERNMENT ENf?i'Tv ?fro?Ir}? FACILITY a SERVICE AND Boone Com-I Det?iticm Center PEISDNERSUPPORT DIVISION $130355? pg; Box 3123 CONTRACTS BRANCH It ?ux-1139' bun 41005 CENTER county. 5rd?: I 22m: and W?wde I I. - Contact Person 5 Jailer 1551020 Area Goddamn-1:- on: o. [505] ??sf 9. ID. IL 11. ITEM ml . QUANTITY UNIT UNIT PRICE This Agreement is for the hous?lg; and subsistence: of adult URI-15 mugjuumulemlear?famlefeaaral mam . PM [answers unludmg guard services in warm. mm Pm awardarne with the contents set f0rth' harem. - 15300 $31.00 $226,300 mm 250 HRH ?.50 5 1,575 I - - SIGN .. 2-57-55 Hawk? fan/g? 14. To HIE belt afmy knowledge and belief: dam Hammad in support of IN: antiwar: Inn: and mum. the doc-Imam ha: been dub' nu- mommy mm?mw Imam: me - man!? or Agency and the Depanmcm Will #:0me with ALL PRO VISIONS SET pm FORTH ram-um; rum: (Type or him) - ?Till: - IQ- TYPE 13'. PRISONER TYPE 1?0 IE INCLUDED ?b?t?mrd Mamenr II: Earthy and Jinan-If Im- 0m UNSENTENCED SENTENCED I Rcmuax Support a Adult M21: El Adult Mac I I - . Cl Susana] Suppon Adult Female El Adult Fannie THE STATES AMch ?01m: Juwn?c Mile ET Juw nil: Mal: BY DIRECTION OF THE DIRECTOR OF THE UNITED I a. LEVEL or use ?will! thlle mile Female STATES HARSHALS SERVICE El Minimum Minn: El Work Edam: d'um El Mal: . Me' I [3 ma. Fem: BY 3/3 (E?Hfmv am Lia-mm run: or cam-Ia C'mIc 2D ANNUAL USAGE DF AUTHORIZING OFFICIAL 11. DATE SIGNED UHSENTEHCED ALIENS TOTAL Na, uf Prisoner .- 30? - 74m Guard 2-50 250 I__hmm 5" T- 5 23 I 36 PRIOR EDITIONS OBSOLETE AHD ARE NOT TO BE USED I?oru-I USN-2H - ?an53: CPU Wind 5: 03f03f2001 14:43 FHH 01Tf021 lexssxieaa 15:335. 2155:: :4 I r_ ease as .ENT NO. Page No. UNITED 3' SERVICE. -.. AGREEMENT SCHEDULE (surpass-ores recesses; 2 or 5- I Ptmsoss The pupae-.9 of this Extergoveomental Service Pgreemenl: (165) is to establish a formal binding relationship botheen Service and other federal user agencies {the federal and some Kentucky (the local Government) for the detention of persons charged with or convicted of violations of Federal law or held as note-rial witnesses (federal prisoners) at the Boone Ctunty Jail (me facility)- ARTICLE II suemer AND MEDICAL SERVICES 1 . - l. The Local Govemr-ent agrees to accept and provide for the secure olstody, care and safekeepiry of federal prisoners in accordance with state and local laws. standards. policies, procedures, or ml; orders applicable to the sparesiors of so facility. 2. me Local Government agrees to provide federal prisoners with the same level of [radical care and sewicc provided loos]. prisonerS including the transportation and security for prisoners requiring rermal ?rm the facility for emergency medical All costs associated with hospital or health care services provided oatside services. the facility will be paid directly by the Federal Government. 3. The [coal Gmel'mnent agrees to notify due Harshal as soon as possible of all emergency medical cases requirirg removal DIE a prisoner from the facility and? to obtain prior althorization for romal for all other medical services required. MEDICIE - REFEIVIBE AND DISCHARGE l. The [coal Govemnent agrees to accept as federal prisoners truss pars-om emitted by federal law enforcement officers for violations of federal laws only upon presentation by ?ne officer of proper law enfor'caaEnt credentials. 2. The Local Gmrmient agrees to release federal prisoners only to law enforoamnt offices; of agencies initially omitting the prim}: (LE. DEA, INS. etc.) or to a De:qu United states Marshal. Those prisoners who are remanded to custody by a Marshal may Only he released to a U.S. Marshal -or an agent specified by the 1.1.5. Marshal of the JUdicial District. 3. Federal prisoners may not be released ?rm the or placed in the custody of state or local officials for an)r reason except ?for medical or emergan si_tuatior:s. Federal primrs might for a state or local mt proceeding must be acquired through a 1Writ of Habeas Corpus or the Interstate Agrcment of Detaimrs and liken the concurrence of the District 0.5. Marshal. This Attractor-t shall in effect for a period of ten (in) years after CAP Pgreemnt Project No. 02?32?36 is ounpleted. During this time period. the Local cover-mom: agrees After the ten {Jill to pmidae twenty {20} spaces for Federal user agencies each day. year period provided for in the above mentionec? CAP moment is completed. the agreement shall remain in effect irdefinitely until terminated or sue?[Ismail in writing by either party. Such teoninstion or shell be accomplished by givirg written notice to the U-S. Marshal and the affected user agency. . Farm (Rev. erases UFO FWD-4 'p'l 03f03x?2001 14243 FAX 018/021 lireaxzeaa 15:35 215522? ?4 Amu? PAGE 54 - UNITEDE .matssenwcr ?If! Ne? AGREEMENT SCHEDULE .. . . arranges; 3 Dr Such notice will be prmided 30 days in advent-is: of the effective date of formal tenni? nation and et leest two 1greets in advance of a suspeneiOn er rertrietian of use an emergency situation rquires the mediate relocatim of. federal primers. was - PER-?ail RATE me We PRICE l. rates shall he established an the basis of actual and allowable casts aseec1ated_with mariner-atien of the facility amirg a recent annual ecmmtirg period or as, for in an approved, annual aperatirg wage: for detentien facilitiee. 2. Federal Goverrmenl: shall reimburse the Local Government: at the fixed clay rate identified on page 1 of the Agreanent. The rate my be renegotiated not mm wan once per year, after the agreement has bean in effect fer tweer months. 3. rate savers me perigee per ?prim: day". 'Ihe Federal Gamerment may n'Et be billed for two days when a prisoner is aanittsd one evening and renewed the feline?rim minim. The Local Genern'nent may bill for the clay of arrival but not for the day of departure . 4. when a rate increase is desired. the Local Gevemuent shall submit a written request to the Marshal at leaSt 60 days prior to the desired effective date of the rate adjustment. All sud-1 requests must contain a maple-ted ?eet and Pricing DaEa sheet Which can be obtained Eran the U-5. Marshall. The Local agrees to prwide addititmal {net infennation to support the requested rate increase and te pemit an audit of arming records upon request of the v.5. Marshal. 5. Criteria used to evaluate the imrease or decrease in the per-dim rate shall be time epeci?ied in the federal east stewards Eur contracts and grants with state and Local Gagermnents issued by the Office of Management and Budget. 6. {the effective date at the rate nudificatien will be negttiated and specified on the IGA rkzdifieetien form apprmed an! signed by a Marshals Service Gantrectirg Officer. The effective date will be established en the first day cf :1 neuth for accounting pur- Payments at the modified rate will be paid ups the return of the signed nudifi? pages. cation by the authorized local official to the 0.5. Marshal. unless other justifiable reasans can be deem-named by the [oral Gavanlnent, per?diam rate increases shall not exceed the Natimal Inflatien rate as established by the v.5. Departnent of Carter-3e. VI BILLING AND FIWIAL PWISIWS 1. The local Government shall prepare erd submit original and separate invoices each to the Fechrel Agency listed below for certification and payment. mired States Her-she]. Box 30 lexirgtm, Kentucky 40501 Prime: (605] 233-2513 . Farm USN-24E: I - (Rev. 5mm: GPO 013;?321 03f03f2001 1-1243 FAX 13 1 5 tweets 15:35 21552? ?4 us UNITED easel-tats ?am- No- Plan No- SCHEDULE 3 PDRTOFU. . UP 3 $mele 4 at 5 2. ID coretitute a proper imoiee, the more of each Federal prisoner, their specific datas of oonfinenent. the total days to be reimbursed, the pap?dim rate, and the total mount billed {total days multiplied by the rate per day] shall be listed]. The more. title, complete address and phone mmber at the Local Official. respor?eible for inUDice preparatim ohmic! also be listed on the invoice. 3. The Payment Act, Public Law [96 Stat. 35, USC 1301} is applicable .to payeenta under this agreemnt and requires the payment to the [11:11 Goaermem of interest on Wendie pawl-ants. Determinations of interest due will be made in accordance provisions of the Hermit Paynent Act and the Office of Hmagment and Budget circular h-zs. 4. Pamnt meet this agreement will be due on the thirtieth (30th) day after receipt of a prayer invoice, in the effim designated to reoeive the invoice. The date of the check looted in pennant shell be widened to be the date pageant is made. ARTICLE VII -- FWISHED 1. It is the intention of the Marshals Service to furnish excess federal property to local governments for the specific pmpoee cf imprOJ'irg jail conditiors and services. newt-able excess property, such as furniture am equipment. remains titled to the Marshals Servioe and shall he retlrned to the custody of the Her-shale Sal-Vite upon tennination of the agreerent. 2. The Local agrees to inventory, maintain, repair, assure liability for and manage all federally provided accountable as well as controlled excess property. much property cannot be removed from tl-e jail wi?nut the prior written apprwal of v.5. Marshals Headquarters. The lees or destructim of any such excess property shall be Wietely reported to the 11.5. Harsh-Bl and USHS Headmarters. Acmtable and mntrulli? excess property imludes any [reports with a unit acquisition value of $1,005.00 or note. all ftmiiuire, as well as emigrant used- for saturity uni control, eormmicetim, photography, food mrvioe, medical care, innate recreation, etc. I 3. Sawioeereagr?etloobegrour?s for?mereoall furnished property. 4. The dollar value of prcperty Erwided sad-1? year will not exoeed the payment made Marshals sewioe for prismer support. The suspemim of use or restriction of bed epeoe made available to the mtshels an: return of any or all government enmel dol let I ARTICLE - 1. Either party trey initiate a request for modification to this agreement in writing. All nodifioetiore negotiated will be writtm and approve-:1 by the marshals Service contractiro officer and surmitted to the Local 9393mm on ?otm USH 2415: for epprwel. 2. DisPutes, questions or canth pertaining to this agreement other than CAP space guarantees will be resolved between the Harshel and the local official. mreeolved issurs to include guaranteoi detention space prwided for in the CAP hummer. -are- to he directs! to the Chief, Operations Sim Division, the. Marshals service maiquarters . Form (RH. 53' ENE 31' no one-4 0 021 OSIOSIZUM 1?1143 FAR 02 mas/2333 15:35 215527 '4 us IMMIegng PAGE as- a UNITED WHALS seamen -ENT Pas: No. AGREEMENT SCHEDULE - (SUPPORT OF 0.5. mating-ms; J?m 244i? 5 I 5 0 ARTICLE Ix - ASSISZNMEE 1. The Local Gavetrlnant agrees to allow periodic inspeetlms of the facility by 11.5. Marshals service Insets-em. Findings cf the inspection will be shared with the facility administrator in omerto primate. in?rwarents to facility Operations, conditions of confinarent and levels (if services. 2. The Harshals service will erdeavnr tn provide or acquire technical training and mnagerrent assIStanee from other federal. state or local agencies or national organizaa tints, upon the request of the facility . ARTICLE GUARD l. The [Deal Gavemnt agrees, upon request of the federal agency in whose ousted}: a prism-Br is held. 'to moulds.- a. 'I?ransportatim and escort guard services for federal prisonexs roused at their facility to and ?rm a medical facility for outpatient care; card In. 'lranspertation and stationary guard services for federal prisoners emitted to a medical facility. 2. Sud: services will be performed by qmlifial law enforcmnent or correctional officer personnel by the local Guarrmant under their policies, madam and practices. The meal Govenment agrees to augment such practices as may be requested by Harshal to emulate: specific requiremnts for security, prisoner ?mitorirg. the U.S. visitatien and mntrabar? control. - 3. The user government agemy agrees to reinburse the 10:31 for sea-Vim at the rate atablished on page one of this agta?nent. 1 . Farm (Rel. GPO van-411 63:?031?2001 14150 FAX 021K021 El? us IMMIGRATID FA CSIMILE lexzezsaas 15:35. 215527 is I Department Inf-Justice . Immigration 61' Naturalization Service 1240 a. 9th St, Rm 1917 Cleveland, OH 4&199 . (6) To; Dallas Fluence Center, httn: Maria Celeste TELEPHONE: m: (2141 moss mccovsm Ia, 7 FROM: Linda hamlets, ms, Cleveland TELEPHONE: [2151 Fax: (216) ?zz??.3064 In regard to your E-mail of regarding the Marshal's contract for 2 County enclosed is the copy of the rcontract as reqUestedT Block #12 on the contract shows however, all the way back to FY 93 [Octobex 1997) this jail was paid at the rate of $?a.65 per manday. I have no records to show this increase was.accepted by procurement. Count: enclosed is a copy of the . are a a contract as requested. also enclosed is a letter dated June 25, 1999 from the jail regarding a rate change. This letter was forwarded on to procurement?Roger Fregeau-in June 1999. To this date, I have not been informed if INS procurement accepted the rate. I contacted the jail in April 2000, that until the rate increase is officially accepted, this office would have to continue to pay them at the rate of 35.90. The mandaya invoice for March 2000 was calculated at 35.90 per day, as was April and so will May, 2000. should you have any further questions, feel free to contact me. -. - nu.- I --.I. 4