Intergovernmental Sex-vii ee'naerzt ni-?ttd SlaE?s Justice shed Scares Marshais Service Housing of Federai? Prisoners . P330 1 0f EMENT NUMBER 2. DATE no. 4. comer. no. LABS-M946 7 01 96 063?96 . . [5311:ch omcs 6. GOVERNMENT ENTITY FACILITY (2005(8) 1C3: UMT-ED STATES MARSHALS SERVICE NAME I . . - I-GA SECTION (sneer, city. Obery Street 600 ARMY NAVY DRIVE county, Stale MA 02350 ARLINGTON. VA 22202-42I0 and ZIP code . APPROPRIATION DATA Contact Person . Peter Forman, Shenff . . Area Code Telephone No. . 8. 9. 10. i 13. ITEM no. QUANTITY UNIT UNIT muss AMOUNT . This Agreement is for the housing, ESTIMATED safekeeping and subsistence of USMS ESTIMATED adult male federal prisoners including PRISONER I PER DIEM ANNUAL . servicgs accordance DA RAE - - PAYM EN with the cements set forth herein. - 3 - 69.600 5 PDs $86.91 $5,996,790 ESTIMATE: . HRS . - 2.500 SH: 318 47 ?46 17< IS. LOCAL GOVERNMENT AUTHORIZED TO SIGN AGREEMENT To the 12831 of my knowledge and belie}; dam . Dm submi?ed in mppo? of this agreement is-tme (Signarure}_ . - AGENCY and carted, the dbcumem has been duly au- AERTIFWNG than?zed by the governing body of the Depan? Name (Type or Print) Tide mam er Agency and the Dgparlmen: or Agency will comply with ALL PROVISIONS SET . (SI, name 03? FORTH HEREIN 3? Name (Type or Print). Tim 6. TYPE OF USE 1'7. PRISONER TYPE TO BE INCLUDED l9. Negotialed Agreemen: is Hereby Approved and Accepted for 1 Hold Over A UNSENTENCED Supper: Adult Male [3 Adult Male Seasonal Support 13 Adam Female Cl Adah Female THE UNITEDSTATES OF AMERICA 3 Other 121 Juvenile Male Juvenile Mair: BY DTRECTION or THE DIRECTOR OF THE UNITED m3. LEVEL 0F USE Ci Tamas Female Juvenile Female - STATES MARSHALS 5?5me :1 Minimum Aliens .13 Work Reiease . 3 Mcdium Cl YCA Male . . w/w E3 Y-CA chasi BY . - - . 'c NTRACTING OFFICER) o. . ANTICIPATED ANNUAL USAGE . . 2L NAME 0F Aumomzx-No OFFICIAL 12. DATE SIGNED UNSENTENCED ALIENS TOTAL '5 {Type Of Prim-i of Prisonch I nu- .Day-s 9 0'00 7 .d Hours 2-, 5:0 - Vic?ki Lipov PRIOR EDITIONS ARE OBSOLETE AND ARE NOT To BE USED mm . . (Rev. 11196) US. Department of Justice United States Marshals Service N- . -. . . Intergovernmental Service Agreement Schedule (323? 3 PURPOSE AND SECURITY PROVIDED The purpose of this [intergovernmental Service Agreement (IGA) is to establish a formal "binding relationship between the United States Marshals Service and other'fed-eral user agencies (the Federal Government) and Plymouth 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 Plymouth County Correctional Facility (the facility). The Local Government agrees to accept and provide for the secure custody, care and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. The USMS considersall federal prisoners medium/maximum prisoners that are housed within the confines of the facility, at a level appropriate for prisoners considered a arisk of flight, a danger to the community, or wanted by other jurisdictions. - . ARTICLE ll NT CONTRACTING RT 1. Neither this agreement nor any interest therein maybe 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 USMS. Where the intention to award contracts is made known at the time of application, the approval may be considered granted if these activities are fund-ed as proposed. 3. All contracts or assign merits ust be formalized in a written contract or other written agreement between the parties involved. 4. The contract or agreement must, at a mini mum, state the activities to be performed, the ti me Schedule, the project policies, and the flow~thzrough rec; u-irements that are applicable to the contractor or other recipient; other policies and procedures to be followed, the dollar of the agreement, and the Cost V. principles to he 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. U.S. Depa?me?m of justice . United Setter Marshals Service . IG-A No. Page No. Intergovernmental Servrce Agreement Schedule The Local Government agrees to provide federal prisoners with the same level of medical care and services provided to local prisoners, including the transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs'associated with hospital or health care services provided ourside the facility will be paid directly by the Federal Government. 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. 2. The Local Government agrees to notify the United States Marshal (USM) 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. 3. When a federal prisoner is being transferred'via the USMS airlift, he/she will be provided with three (3) to seven (7) days of prescription medication which will be dispensed from the detention facility. When possible, generic medications should be prescribed. 4. 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. 5. 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. -.6. The Local Government agrees to notiw the USM as soon as possible when a federal prisoner is involved in an escape, attempted escape, or conspiracy to escape from the facility. i. Tihe_,l_ocal Government agrees 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. Department of Justice Unit-ed Smras Marshals ServiceIntergovernmental Service Agreement Schedute ?as: if 1 3 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initialiy committing the prisoner DEA, I etc.) or to a?D-eputy USM. Those prisoners who are remanded to custody by a 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. 4. Federal prisoners may not be ref-eased 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 Habea?s Cor-pus or the Interstate Agreement of Detaine-rs and then only with the concurrence of the District USM. 6 ARTICLE - Potion or PERFORMANCE ,5 This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occor making it impractical or undesirable to continue to house prisoners, the Local Government may suspend or restrict the use of the faci-l by giving written notice to the USM. Such notice will be. provided thirty (30) days in advance of the effectivedate of formal termination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation of prisoners. 1. Per diem 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 per diem rate identified on page one (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,? (LS. Department of Justice United States Marshals Service IntErgQVet-nmerstal Service Agreement Schedule Page 13 3. The rate covers one (1) person per "prison-er day". The Federal Government - A may not be billed for 'two'(2) days when a prisoner is admitted one evening and reimOV'ed thefollowing morning. The Local Government may bill for the clay of arrivaldeparture. 4. When a rate increase is desired, the Local Government shall submit a written request to the USM at least sixty (60) days prior to the desired effective date of the rate adjustment. All such requests must contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM. The Local Government agrees to provide additional Cost information to support the requested rate increase and to permit an audit of accounting records upon request of the USMS. 5. Criteria used to evaluate the increase or decrease in the per diem rate shall be those specified in the Office of Management and Budget (OMB) Circular Cost Principles for "State, Local, and ln?dian'Triba?l Governments. . 6. The effective date of the rate modification willibe negotiated and specified on the Modification form approved and signed by a USMS Con-tract 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 authorized Local Government official to the USM. an 1 AND 1.. The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for cation and payment. U. S. Marshals Service District of Massachusetts 1516 U.S. Courthouse Congress Water Streets Boston, MA 02169 (617) 223-9721 A 2. To constitute a proper invoice, the name and address of the facility, the name of each?federal prison-er, their specific datesof confinement, the total days to . be reimbursed, the appropriate per d?iem rate as approved in the and the total US. Department of lest-ice United Stare: .Morshais Service If; N- . - N. Intergovernmental Service Agreement Schedute - ?35 3f, 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, Pubiic Law 97-177 (96 stat. 85, 31 USC 1801), is applicable to payments under this agreement and requires the payment tot'he Local Government of interest on overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prom-pt Payment Act and the Office of Management and Budget Circular A4 25. 4. Payment under this agreement will be due on the thirtieth (3 0th) calendar day after receipt of a proper invoice, in the office designated to receive the invoice. :lit the-due date tails on a nonworking day liege, Saturday, federal holiday), then the due date will be the inext working day. of the check issued in payment shall be considered to 'be the datepayment is made. - I NOTE: Rates not Specified in the agreement not be authorized for payment. ARTICLE Vlil su AND MONITORING Ali recipients receiving direct awards from the .USMS are responsible for the management and fiscal control of all funds. Responsibilities include the accounting ofrecipts and expenditures, cash management, the maintaining of adequate ?nancial records, and the refunding of expenditures disallowed by audits. ARTICLE Ix ACCOUNTING SYSIEMS AND FINANCIAL RECORDS 1. The recipient srhalil be required to establish and maintain accounting systems and financial reCords that accurately account for the funds awarded. These records shall include both iederal funds and all matching fu nds- of state, local, and private organizations. State. and local recipients shaili expend and account for funds in accordance with state laws and procedures for expending and accounting for its . own funds, as well as meet the financial management standards in 28 Code of Federal Regulations (CFR), Part '66, and current revisions of. OMB Circular - . 2. Redipients are responsible for complying with OMB Circular and 28 CFR, . Part 66, and the of the costs cove-red therein (submission of Form .- ICE.08.4172.000093 - U.S. Department of Justice United States Marshais Service . I . 'Intergovernsmentzri Service Agreement Sc-hedecie Pal? 1 3. 243). To avoidipossible subsequent disallowance or dispute based on oznreasonabfleness or one'llowability under the specific cost principles, recipients must obtain prior approval on the treatment of special or unusual costs. 3. Changes in facilities: The USMS shall be noti?ed Eby 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 The notification shalil be supported with sufficient cost data to permit. the USMS to equitably adjust the per diem rates included in the -ICA. Depending on the size of the facility for purposes of assessing changes in the population, a 10% increase or decrease in the prison population shall be a "significant i n-crease or decrease" for purposes of this subsection. . .. i. In accordance with 28 -.CFR, Part 656, all financial records, supporting 7 documents, statistical records, and other records pertinent to contracts or sub- awa-rds awarded under this IGA shali .be'retained by each organization participating in the program for?at least three (3) years for purposes of federal examination and audit. 2. The 3?year retention period set forth in paragraph one {1)above, begins at the end of the first year of completion of service under the ICA. 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 3-year period, whichever. is later. 3. Accessto Records: The US-MS 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- rec-ipients/contzractors, whi-Ch are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be iirnited 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 disallo-wance, or any breach of this agreement that results in a v.3. Department of Justice United Stores Marshals Service Intergovernmental Service Agreement Schedule ;M_g4g In?" 13 debt owed to the Federal Government. The USMS shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. Xl - GOVERNMENT FURNISHED. PROPERTY 1. it is the intention of the 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 be 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 cannot be removed from. the jail without the prior . written approval of USMS Head-quarters. The loss or destruction of any such excess property shall be immediately reported to the USM and Headquarters. Accobntable and controlled excess property includes any property with a unit acquisition value of $1,000 or more, all furniture, as well as equipment used for security and control, communication, photograph-y, food service, medical care, inmate recreation, etc. 3. The suspension of use or restriction of bedspace made available to the USMS 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 ent made by the for prisoner support unless a specific exemption is granted by the Chief, Prisoner Services Division, USMS Headquarters. 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 theiLtocafl Cavemen entor 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 ownrsahaip is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster tees, and attorney fees related thereto. The Local Government will 11.3. Depart-merit of Just-ice United States Marsha-?15 Service Intergevemmcmal Service Agreement Schedule . . 3 be solely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Government. ARTICLE 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 Contracting Officer and submitted to the Local Government on form USM 241 a for approval. 2. Disputes, questions, or concerns pertaining to this agreement will be resolved between the USM and the appropriate Local Government official. Space guarantee questions along with any other Unresolved issues are to be directed to the Chief, Prisoner Services Division. 1 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 improvements to of confinement, and levels of services. The mandatory minim um conditions of confinement which are to be met during the entire period of the ISA agreement are: 1. Adequate, train-ed jail staff will be provided 24 hours a day to supervise prisoners. Prisonerswill 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 nationain recommended dietary allowances published by the National Academy of Sciences. . - 4. jail yvill provide 24~?hour emergency medical care for prisoners. v.5. Department of Justice United States Marmot: Service Intergovernmental Service Agreement Schedule 13 Jail will maintain an automatic smoke and fire detection and alarm system, and maintain written policies and procedures regarding ii re and other safety emergency standards. 6. Jail will maintain a water supply and waste disposal programthat is certified to be in compliance with applicable laws and regulations. - CONFLICT OF INTEREST Personnel and other officials connected with the agreement shall adhere to the requirements given below: .Advice. No offic-ialor 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 any proceeding, application, request for a ruling or other determination, contra-ct, grant, . cooperative agreement, claim, controversy, or other particular matter in which Department of Justice funds are used, where to his/her knowledge, helshe or his/her immediate family, partners, organization other than a public agency in which he/sihe' is serving as an officer, director, trustee, partner, or employee, or any person or organization with whom tie/she is negotiating or has any arrangement concerning prospective employment, has a financial interest, or less than an arms-length transaction. 2. Appearance. ln 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 . e. Affecting adversely the confidence of the public in the integrity of the government or the program. no we U.S. Department of Justice United Stare: Marsha: Servicz . . N0. Page Na I of 3 Intergovernmental Service Agreement Schedule ARTICLE XV - RTATION SERVICES TO ME FACILITY 1. The Local Government agrees, upon request of the Federai Government 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 b. TransportatiOn and stationary guard services for federal prisoners committed to a medical facility. c. Within the first 24-h-ours, the Federal Government will provide the guard services. I 2. Such services will be performed by qualified law enforcement or correctional officer personnel employed by the Local Government under their policies, procedures, and practices. The Locai Government agrees to augment such practices as may be requested by the to enhance specific requirements for security, . prison-er monitoring, visitation, and contraband control. 3.. The Local Government will continue to be liable for the actions of its employees they are transporting federal prisoners on behalf of the USMS. Further, the Lo-Cai Government Will also continue to provide workers? compensation to itsemployees while they are providing this service. It is further agreed that the local jail employees wi-II continue to act on behalf of the? ?LocaI Government in providing transportation to federai prisoners on behalf of the USMS. 4. Furthermore, the Local Government agrees to hold harm-less and indemnify the USMS 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 duringthe course of transporting federal prisoners on behalf of the USMS. - 5. The FederaI Government agrees to reimburse the Local Government at the rate stipulated on page one of this agreement. U-S. Department of Justice United States Marshals Service IGA N0. Pa No. J-Ass-M-sa-s . f2 of 13 Intergovernmental Service Agreement Schedule i. The Local. Government agrees upon request of the USM in whose custody a prisoner is heid, to provide transportation and escort guard services for federal prisoners housed at their facility, and other local facilities, to and from the U.S. Courthouse. The Local Government agrees to the following: a. 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 be requested by the to enhance specific requirements for security, prisoner monitoring, and contraband control; b. Upon arrival at the co'u rthrouse, 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; . c. The Local Government will not transport federal prisoners to any U.S. Courthouse without a specific request from the USM who will provide the prisoner's name, the US. Courthouse, and the date prisoner is to be transported. - 2. Each prisoner will be restrained in handcuffs, waist chains, and leg irons during tran sportation. 3. Such services will be ,p:edorm-ed 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 USM 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 USMS. 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 'wiil continue-to act on behalf of the Local Government in providing transportation to federal prisoners on behalf of the USMS. US. Department of Justice Uni-ted States MWSall?lS Service IGAN. - N. "f3? 2), 13 Intergovernmental Service Agreement Schedule 5. urthermore, the Local Government agrees to hold harmless and indemnify the USMS and its officials in their official and individual capacities from any liability, including third-party liability or workers' compensation, arising from the conduct or" the local jail employees during the abuse of transporting federal prisoners on behalf of the USMS. 6. The Federal Government agrees to the Local Government at the rate specified on page one (1) of this agreement. US. Department of Justice United States Marshals Service Modi?cation of Intergovernmental Agreement 1. MODIFICATION NO. 2. REQUEST FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION Seven (7) 06-120 June 1, 2006 4. ISSUING OFFICE 5. LOCAL GOVERNMENT 6. IGA NO. 38-06-0086 US. MARSHALS SERVICE WITNESS SECURITY PRISONER OPERATIONS DIVISION WASHINGTON, DC. 20530-1000 Attn: Renita L.Barbee 24 Long Pond Road Plymouth, MA. 02360 Plymouth County Sheriff?s Department 7. FACILITY ICK 8. ACCOUNTING CITATION ISXIOZO 9. ESTIMATED ANNUAL PAYMENT 10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 5, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation is to increase the Transportation/Guard rate from $18.47 to $27.50. The mileage reimbursement will re?ect the GSA prevailing rate. The current number of is changed to 38-06?0086. No other terms or conditions, to include price, are affected by this change. 1 1. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT IS NOT REQUIRED TO SIGN THIS DOCUMENT B. LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO US. MARSHAL 12. APPROVAL A. LOCAL GOVERNMENT pl?hovp? (OUWW TITLE DATE Signature B. FEDERAL GOVERNMENT (2th Signature Grants Analyst TITLE Mo DATE Form USM-241 HQ USE ONLY (Rev. 3/99) Pagel of 1 Pages