United States Department of Homeland Security U.S. immigration and Customs Enforcement Office of Detention and Removal Modi?cation of Intergovernmental Servicie Agreement 3. Modi?cation Number ?i Agra-moot Number 0001 AC 007 ?90:37 LEE: ti as of date in block 3 i 747 i 4. Issuing Office: I 5. Local Government: ICEID R0 Headquarters Ro?ing Piotr-e Regional Ja? 8c Detention Center 425 I Street. NW PO. Box 1003 Washington. DC 20536 Haskell, TX. i'9521 Contact Person: Contact - -. .- - - Phone: Phone: Fax: Fax: 6. Description oi Modi?cation AS SPECIFICALLY HEREIN. ALL TERMS AND CON DITIDNS OF THE AGREEMENT IDENTIFIED IN BLOCK 1 REMAIN 1. The purpose of this modi?cation is to: to] Increase 1he Per Diem rate as follows: . FROM: 5 52.30 I 1 5 5.37 1 TO: 5 57.57 Addition of guard services and more hourly rate: . W: The PROVIDER agrees to provide stationary guard services as requested or required for detainees attending off site court proceedings or we are committed to a medical facility. Such services will be performed by qunlt?ed law enforcement or correctional of?cer permei employed by the practices as may be requested in; ICE to enhance specific requirements for security, detainee monitoring. visitation and contraband omiroi. The itemized montth invoice for such stationary guard services shall 2. Except as stated herein. all other terms and conditions remaln unchanged and in full force and effect. i L0c3l Government is not reouired to sign this [1 Local Government is required to sign this document. document. United States Department of Homeland Security US Immigration and Customs Enforcement Of?ce of Detention and Hen-nova! Madmca ?an of In targa vernmanta! Service Agreement 7. Local Government; Data Hurricanes mm II I 4 {Far udd?omr tranquil-u. plea? attach moth-r page) I 3f. I I 5 (?200 {7 (10. ed I I Harm and Tune Iv} [Tm or uwmumu? J.v-.l-O rm HunoqUnified Slates of ustica Immigration Naturalization Swine Intergo ?mmenta?SeJ-Pice Agraementfor Housing Fc?cral Detainees 3. Raquilion Number {mppumhk} 4.. Issuing Of?cc Was: 5. CityIComtyISute Ix?migm?on 3: Naturalization Sea-vie; Ciiy of Haskell Adminimtivc Canter. Dallas 13.0.an 1003 7701 N. Stem-nan: Freeway Haskc'll, Tans 79521 Dallas. TX 75356 Can: Morton Cm PM 1. Sandman: Cow:ch by Amman?a: 11mm. acuity. 5111:51an cha?ng Madam] an: of 7. Deming Day Rate: $52.30 9mm: detained by the US. ?Immigration Mun-1mm 5mm a: gum-dance mm {he mun: mm twain. 8 EM. i dunk)? days 2400 per year 9. me. of Ddaincc: Adult Male Adult Famalc 10- Cityicuumy 01' Stat: Cowman: cu??cation: To 1h: be.? quy (our) hwtedge and belief: dam :gbmitred in suppun of?: agreemanr it true and corner: mu :13mean km (am dub method by the go - af?u- ciIJVcDunry or star: Wm in?block 5 above. amicame Dr mare gave ed shall gen-.- . with dlpravl'd?m s?jbnh keratin I 1 - 0/ (gianw?) (Name J: m. oped "primed? W?f?r James Elam, Executive Dfrecwr awactop-men: f' at: (Signmm (Wm IE Turk wed 0r wimch {Stun} - Em Th?! nip-pd arpn'nmi) (Sanalurt I {Date} (Nam: d3 Title or p?ma? 1? Far ad?'frimwi ?gmrm. phat: malt midwives? LIL is limb! HWon and zen-plat for THE: rm STATES on: . . HE SERVICE by dumcuon of the A 53L MEMUF S- Coopcr. Cam-main; 1? i u:lr Sigma) It) (Name 132ch urp?mu!) Department of Justice Immigration and Naturalization Service - Revision 7:11:02 Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center; Haskell, TX 7952]. Article 1. Purpose A. Purpose. The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an agreement between the Immigration and Naturalization Service (INS), a component of the Department of Justice, and the City of Haskell, Texas (Service Provider) for the detention and. care of persons detained under the authority of the Immigration and Nationality Act, as amended, at the ?Rolling Plains Regional Jail and Detention Center" in Haskell, Texas. The term ?Parties? is used in this Agreement to refer jointly to and the Service Provider; B. Responsibilities. This Agreement sets forth the responsibilities of INS and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive pament from INS at the prescribed rate. C. Guidance. The Parties will determine the detainee day rate in accordance with OMB Circular. ids-87, Cost Principles for State, Local, and Indian Tribal GoVernments and the INS Cost Statement, [See Article Adiusting the Detainee Day Rate and Article XV, Financial Records.) Article II. General A. Funding. The obligation of INS to make payments to the Service Provider is contingent upon the aVailability of Federal funds. The INS will, howevcr, neither present detainees to the Sender: Provider nor direct perform-lame of any other services until the has the appropriate funding. B. Subcontractors. The Service Provider shall notify and obtain approval from the INS if it intends to house INS detainees in a facility other than. that specified on the covor page of this document. If either that facility, or any future one, is operated by an entity other than d1e Service Provider, INS shall treat that entity as a subcontractor to the Service Provider. The Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide INS with copics of all subcontracts in existence during any part of the term of this Agreement. The INS will not either accept invoices from, or make payments to, a subcontractor. C. Qonsistent with law. Any provision of this Agreement contrary to applicable statutes, regulation, policies. or judicial mandates is null and void, but shall not necessarily affect . the balance of the Agreement. Department of Justice [migration and Naturalization Service Revision 711302 Intergovemmenral Service Agreem surfer Homing Federal Detainees Between the Immigration and Nomi-diarrhea Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 7952}. Article Covered Services A. Bed space. The Service Provider shall provide adult male beds on a space available basis in accordance with INS Detention Standards. The Service Provider shall house all detainees as determined within the classi?cation system. The INS will be ?nancially liable only for the actual detainee days as de?ned in Paragraph C. of this Article. B. Basic needs. The Service Provider shall provide adult INS detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies, and procedmes. If the Service Provider determines that INS has delivered a person for custody who is under the age of 18, the Service Provider shall not house that person with adult detainees, and shall notify the INS immediately. The types and levels of services shall be those the Service Ptovider routinely affords to other inmates. C. Unit of serviCe and ?nancial liability. The unit of service will be a ?detainee day? (one person per day). The detainee day begins on the date of an-ival. The Service Provider may bill INS for the date of arrival but not the date of departme. For example: If a detainee is brought in at 1900 Sunday and is released at 0700 on Monday, the Service Provider may bill for detainee day. If a detainee is brought in at 0100, Sunday and is released at 2359 Monday, the Service Provider may bill for only 1 detainee day. The INS shall be responsible to pay for only these beds actually escapied- D. Interpretive services. The Service Provider shall make special provisions for non- English Speaking, handicapped or illiterate detainees. The Service Provider shall provide all instructions verbally (in English or the detainee?s native language as appropriate) to detainees who cannot read. The Service Provider shall not use detainees for translation services, except in emergency situations. If the Service Provider uses a detainee for translation service, it shall notify INS wi thin 24 hours. E. Transport?oo Services. The Service Provider shall provide transportation services for Service detainees between the Provider's facility in Haskell, Texas and the INS facility located in Big Spring, Texas or other INS Field Of?ces as determined necessary by the Service District Of?ce. Transportation services may be required twenty-four hours per day seven days per Week. The purpose of such transportation shall be for booking detainees into or out of the facility or into the custody of the Service, and booking new detainees from. the custody of the Servicr: into the facility and to accommodate detainee?s appearance at Immigration Court and or removal from the United States.- I Au.t_o run (.144 @003 . Dep of Justice ACRE- {997 Immigra?m and Nail: I ?an Service Revision 7/11l02 Intergovernmental Serviciz Agreementfor Housing Federal Detainees Samaria the Immigration and Naturalization Service and The Rolling Plains Regional Jam! and Detention Center, Harlem TX 19531. Th3 Sax-vial: Pravidcr shall utilize: transportation vehicles equipped With appropriate safety as reiguimd by and in compliance with ms and State of Texas standards for prisuncr pansport. Two uniformed qlmli?ed law-enforcement or con-actional securiq of?ccrs employed or contracted by the vaider under their policies, proccdmas arid practices shall be assig11?dto each vahiclc on each trip and be appropriately licensie and ccni?ed for those dutics pursuant to th: State of Texas and US. Department {3f Transportation mgulari ons. Reimbursemcnt for u?nspomtion services shall bcpajd at: the: rate of (1011313 and thirty?one cents {$11.31} par hem for each mnsporting of?ccr. A round nip m?cage. rate cqual to the ram approval by the 6671an Semi? Administra?pn (currently 36.5 cunts Be: mile}, p61? 41 CFR Pm 301?10303- The Service provider shall maintain a log documenting all transporlatian services (date, origin, destinai?nn, time. mileage, emu]. Provider is to invoice for services rendered ash Sapnrate line item on the periodic billing for de?nition. A copy of the transportation log shall be attached to all invoices that contain . .1 an? . . charges for transportation sexiness. 1 1 \b - I 0/4? F. Bag 'Ihe: Ser?cc Provider 1511211 provides, at no charge, Sewice dctgine?s with 13253 when detainees are transportnd during a ma} perioi Each bag lunch shall consist of. at a minimum, a fruit. potato chips, and bcvarage. Article Iv. Receiving mic-d Discharging Detainees A. BEBE activigc. The Service vaidcr shall meach and discharge detainees only from and to either identi?ed INS personnel or other properly identi?ed Federal law cnfoxcamcm of?cials with prior authorization from INS. Presentation of US. Govenuncnt idon??catioh shall constitute proper idcn??cation. The Service Provider shall furnish recciving and discharging sundae}: Duantyufunr day, seven (7) days a weak. The INS shall furnish the Santa Provider with reasonablc?no?nc of raceiving or discharging dctnincds). The Sands: vaidu' shall Ensure positive identi?cation and recording of detainees and IN of?cers. The Service Provider shall not parmit medical or cmerg?ncy discharng through coordination with on?duty INS of?cers. B. Emmi-.1251 Bluest: of ?mg'gees. The Smice 1?rovidcr shall nut release INS detainaes from its physical custody; to Emsr persons other than those described in Paragraph A of this Article for any reason, except for either medical, ether situations, or in rmpunse to a fadeu-nl writ of habec'rs carpus. If an INS dct?inee is sought for federal. state or local cnurt proceedings, only ENS may authorizo release of the: (laminate for such purposes. The Service vaidcr shall ccimact INS regarding any such requgsm illth'nl 1an 'Dl'zhf- Department of Justice Immigration and Naturalization Service Revisitm 7111102 Inter-go vemmeutal Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. C. Service Provider right of refusal. The Service Provider retains ?nal and absolute right either to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health provider. In the case of a detainee already in custody, the Service Provider shall notify the INS and request such removals, and shall allow the INS reasonable time to make alternative arrangements for the detainee. D. Emergency evacuation. In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate INS detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify INS within two hours of such evacuation. Article V. Minimum Service Standards The Service Provider shall comply with existing INS Detention Standards to include: A. House detainees in a facility that cemplies with all applicable fire and safety codes as well as ensure continued compliance with those codes throughout the duration of the Agreement. B. Provide guard personnel to ensure that there is a 24Ahour visual stipervision of detainees when housed in a dormitory type setting. The Service Provider shall visually and physically check detainees in individual cells at least hourly. C. Segregate detainees in custody by gender and by risk of violence to other detainees. D. Provide a mattress, two sheets, blanket, pillowcase, and pillow to each detainee held overnight. E. Provide a minimum of three nutritionally balanced meals in each 24-hour period for each detainee. These meals shall provide a total of at least 2.400 calories per 24 hours. There will he no more than 14 hours or fewer than 4 hours between meals. The Service Provider will-provide a minimum of two hot meals in this 24-hour period. F. Provide medical services as described in Article VI below. G. Provide a mechanism for con?dential communication between detainees and INS of?cials regarding their case status and cusrody issues. The mechanism may be through electronic, telephonic, or written means, and shall ensure the con?dentiality of the issue and the individual detainee. H. Afford INS detainees, indigent or not, reasonable access to public telephones for Department of Justice ACD-Z-H- 1007 Immigration and Naturalization Service Revision 7/11/02 Service Agreementfor Housing Federal Detainees Betwaen the Immigration and Neutralization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. contact with attomeys, the courts, foreign consular personnel, family members and representatives of pro bono organizations. I. Permit INS detainees reasonable access to presentations by legal rights groups and groups recognized by INS consistent. with good security and order. I. Afford each INS detainee with reasonable access to legal materials for his or her case. The INS will provide the required materials. The Service Provider will provide space to accommodate legal materials at no additional cost to-lNS. (Note: The INS may waive this requirement where the average length of detention is 30 days or less.) K. Afford INS detainees reasonable visitation with legal counsel, foreign consular of?cers, family members, and representatives of pro bone organizations. L. Provide INS detainees with access to recreational programs and activities as described in the INS Recreation Standards to the extent possible, under appropriate conditions of security and supervision to protect their safety and welfare. Article VI. Medical Service; A. Auspices of Health Authority. The-Service Provider shall provide detainees with onsite health care services under the control of a local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on site. B. Level of Professionalism. The Service Provider shall ensure that all health care service providers utilized for INS detainees hold current licenSes. certifications, and/or registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a healthcarc professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by the United States Public Health Service (USPHS) Division of Immigration Health Service (DIES). Healthcarc or health trained personnel may perform screenings. C. Access to health care. The Service Provider shall ensure that on?site medical and health care coverage as de?ned below is available for all INS detainees at the facility for at least eight (8) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instructions in his or her native language for gaining access to health care services as prescribed in Article Paragraph D. Department of Justice Immigration and Naturalization Servico Revision 7/11/02 Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. D. On?Site healthcare. The Service Provider shall furnish on?site health care under this Agreement. The Service Provider shall not charge any INS detainee an additional fee or co?payment fer medical services or treatment provided at the Service Provider's facility. The Service Provider shall ensure that detainees recoive no lower level of on-site medical care and services than those it provides to local inmates. On~site health care services shall include arrival screening within 24 hours of arrival at the Facility, sick call coverage, provision of over-the counter medications, treatment of minor. injuries lacerations, sprains. contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. E. Arrival screening. Arrival screening shall include at a minimum, TB screening, planting of the Tuberculin Skin Test recording the history of past and present illnesses (mental and physical). F. Unacceptable medical conditions. If the Service Provider determines that an INS detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify ENS. Upon such notification the Service Provider shall allow INS reasonable time to make the proper arrangements for further (imposition of that detainee. G. Pro?approval for non?emergent off site care. The DIHS acts as the agent and the final health authority for INS on all off?site detainee medical and health related matters. The relationship of the to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information for E15 detainees to the DJHS representatives upon request. The Servici: Provider shall solicit DIHS approval before proCeedjng with non-emergency, off?site medical care g. off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non-routine, off-site medicalfhealth services to DJHS (See Attachment D). For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution is mere cost?effective or more aptly meets the needs of and the detainee. The INS may refuse to reimburse the Service Provider for nan?emergency medical costs incurred that were not pro-approved by the DII-IS. The Service Provider shall send all requests for pro-approval and all medical providers approved to furnish off-site health care of detainees shall submit their bills to: UP 8: UP Health Services DIHS Claims PO. BOX 10250 Department of Justice ACD-2-H-1007 Immigration and Naturalization Service Revision 7111102 Intergovernmental Service Agmementfor Housing Federal Detainees Between the Immigralzbn and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. Gaithersburg. MD, 20898-0250 Telephone (883) 3336922 Fax: (888) 383-3957 H. Emergency medical care. The Service Provider shall ftunish 24-hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the dctaincc?s health. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DIHS Managed Care Coordinator, Don Gahbert, ULINS Staging Area; 2800 S. Pipeline Road, .Euless, TX 76040, phone 1-800?213-5395, pager 1-388?766-8101; fax 817-545?6636 as soon as possible, and in no case more than seventy-two (72 hours after detainee receipt of such care. The Health Authority will obtain pro-authorization from tho Managed Care Coordinator for servicels) beyond the initial emergency situation. 1. Off site guards. The Service Provider shall, without any additional charge to NS, provide guards during the initial eight hours detainees are admitted to an outside medical facility. with INS, the Service Provider shall provide guards beyond the initial eight-hour period, at the regular hourly rate of those guards. Absent such an arrangement, will be resPonsible for providing the guards at the end of the: initial eight-hour period. The Service Provider shall not, however, remove its guards until INS personnel relicvc them. The Service Provider shall submit a separate invoice for guard services beyond the initial eight hours with its regular billing. J. DIHS visits. The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and assoeiatcd Service Provider departments. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations. Executive Orders. and addenda to this Agreement. the Service Piovidcr shall not employ aliens unauthorized to work in tho United States. Except for maintaining personal living areas. persons detained fOr IN shall not be required to perform manual labor. Article Period of Performance This Agreement shall remain in effect inde?nitely, or until terminated by either Patty upon 60 days written notice, unless an emergency situation requires the immediate relocation of detainees. or the Parties agree to a shorter period Under the procedures prescribed in Male X. Department of Justice Immigration and Naturalization Service Revision 7/11/02 Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. 1 Article IX. Inspection A. Jail Agreement Report. The Service Previdcr shall allow INS to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by the INS. No notice to the Service Provider is required pn?Or to an inspection. The INS will conduct such inspecrions in accordance with the Jail Agreement Inspection Report a copy of which is included as Attachment to this Agreement. The Jail Inspection Report stipulates minimum requirements for ?relsafety code compliance, supervision, segregation, sleeping utensils. meals, medical care, con?dential conununication, telephone access, legal counsel, legs] library, visitation, and recreation. The will share findings of the inspection with the Service Provi cler?s facility administrator to promote improvements to facility Operation, conditions of con?nement, and level of service. B. Possible termination. lfthe Service Provider fails to remedy de?cient sewice INS identi?es through inspection, INS may terminate this Agreement without regard to the provisions of. Articles and X. C. Shore findings. The Service Provider shall provide INS copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. Article X. Modifications and Disputes A. Modifications. Actions Other than those designated in this Agreement will not bind or incur liability on behalf of either party. Either party may request a modi?cation to this agreement by Submitting a written request to the other. A modification will become part of this Agreement only after the Regional Contracting Of?cer and the authorized signatory of the Service Provider have approved it-in Writing. B. Disputes. The Regional Contracting Officer and the authorized signatory of the Service Provider are the parties to settle disputes, questions, and concerns arising from this Agreement. Settlement of diSputcs shall be memorialized in a written modification hoovccn INS Regional Contracting Of?cer and authorized signatory of the Service Provider. Article XI. Adjusting the Detainee Day Rate The INS shall reimburse the Service Provider at the interim detainee day rate shown on the cover page of this document. The Parties may adjust the detainee day rate 12 months after the date of signing the modi?cation adjusting the interim rate, and every 12 months thereafter. Department of Justice Immigration and Naturalization Service Revision 71111112 Intergovernmental Service Agreement for Homing Federal Detain ass Between the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 7952!. The Parties shall base future rate adjustments on the principles set forth in OMB Circular All adjustments shall be effective on the ?rst day of the month following execution of the modi?cation. Article XII. Enrollment, Insoicing, and Payment A. Enrollment in electronic funds transfer. The Service Provider shall provide the INS office with the information needed to make paymentby electronic funds transfer (EFT). As of January 1. 1999, INS will make all payments only by EFT. The Service Provider shall identify their ?nancial institution and related infonnaticin on Standard Form 3831, Automated ClearingHouse (ACI-I) Vendorllv?scellaneous Payment Enrollment Form, (Attachment D). The Service Provider shall submit a completed SF 3881 the INS payment office prior to submitting its initial request for payment under this Agreement. If the data changes, the Service Provider shall be reaponsible for providing updated information to the payment of?ce- B. Invoicing. The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each INS detainee, his or her A-number. and his or her Speci?c dates of detention; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the local official responsible for invoicr: preparation. The Service Provider shall submit invoices within the ?rst ten working days of the month following the calendar month when it provided the services, to: The US. Immigration Naturalization Service 8101 North Stemmons Freeway Dallas. Texas 75247 ATTN: Detention and Removal Unit Phone: (214) 905?5860 Fax: (214) 905-5592 C. Pompom. The INS will transfer funds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Aer applies to this Agreement. The Act requires INS to make payments under this Agreement the 30?h calendar day after the Deportation of?ce receives a complete invoice. Either the date on the Government?s check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Act requires to pay interest on overdue payments to the Service Provider. The INS will determine any interest due in accordance with the Act. Departmont of Justice Immigration and Naturalization Service Revision 7/11/03 Intergovernmental Service Agreeinentfor Housing Federal Detainees Beavem the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center; Haskell, TX 79521.. Article Government Furnished Property A. Federal Property Furnished to the Service Provider. The may furnish federal property and equipment to the Service Provider. Accountach property remains titled to INS and shall be returned to the custody of INS upon termination of the agreement. The suspension of use of bed space made available to INS is agreed to be grounds for the recall and return of any or all furnished property. E. Service mvidcr Boswnsibjlity. The Service Providcr shall not remove ms property from the facility without the prior written approval of INS. The Service Provider shall report any loss or destruction of such property immediately to Article XIV. Hold Harmless and Indemni?cation Provisions A. Service Provider held The INS shall, subject to the availability of funds, save and hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or incident to performance of work under the terms of this Agreement, and which results from negligent acts or omissions of INS of?cers or employoes, to the extent that INS would be liable for such negligent acts or omissions under the Federal Tort Claims Act. 23 USC 2691 et seq. 13. Federal Government hold harmless. The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed bylaw against any and all liability claims and costs of whatsoever kind and nature for injury to or death of any person or persons and. for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use. service, operation or perfonnanoc of work under the terms of this Agreement, resulting from the negligent acts or omissions of the Scrvicn Provider. or any employee, or agent of the Service Provider. In 50 agreeing, the Service Provider does not waive any defenses. or limits of liability available to it under state or federal law. C. Defense of suit. In the a detainee files suit against the Service Provider contesting the legality of the detainee?s incarceration andlor status, INS shall rte-quest that the US. Attorney?s Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit, to have INS substituted as the proper party defendant, or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, INS shall request that the U.S. Attorney?s Office be resPonsiblc for the defense of any suit on these grounds. D. rccoveg right. The Service Provider shall do nothing to prejudice right to recover against third parties for any loss1 chU'uction of, or damage to US. Government 10 Department of Justice Immigration and Naturalization Service Revision 7!]1102 Intergovernmental Service A greemen for Housing Federal Detainees Be?veen the Immigration and Naturalization Service and The Rolling Plains Regional Jail and Detention Center, Haskell, TX 79521. property. Upon request of the Contracting Of?cer, the Service Provider shall, at the expense, furnish to NS all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the of assignment in favor of INS in obtaining recovery. Article XV. Financial Records A. Retention of records. All ?nancial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for at least three years for purposes of federal examinations and audit. The 3?year retention period begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has boon started before the expiration of the three 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 three year period, whichever is later. B. Access to records. The INS and the Comptroller General of the United States, or any of their authonzed representatives, shall have the right of acecss to any pertinent books, documents, papers or other records of the Service Provider or its sub-recipients. Which are pertinent to the award, in order to make audits, examinations, exoerpts, 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. C. debt collection The INS will hold the Service Provider accountable for any overpayment, or any breach of this Agreement, that results in a debt owod to the Federal Government. The shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service provider pursuant to the Debt Collection Improvement Act of 1932, as amended. Article XVI. Provision of Space to INS and EOIR A. crvi cc Provider responsibilities. The Service Provider shall provide suitable support, office and administrative space, for use by INS. As necessary, the Service Provider will provide suf?cient safe and secure storage space for all INS detainee baggage. In addition, the Service Provider agrees, if required, to furnish acceptable of?ce and administrative Space to the Executive Of?ce of Immigration Review (EOIR). The Service Provider shall bear all costs associated with the use of jail and of?ce space by ms and EOIR (cg. those for preparing, operating and maintaining such facilities for W8 and EOIR, and incurred for temporarily relocating the Service Provider?s employees). The Service Provider shall equip the of?ce and space furnished to DJ and EOIR with a telephone system compatible with the federal telephone network. The 11 Department of Justice Immigration and Naturalization Service Revision 11'02 Intergovernmental Service Agreemem?for Housing Federal Detainees Between the Immigration and Neutralization Service and The Rolling Plants Regional Jail and Detention Center; Haskell, TX 7952]. Service Provider shall furnish the security and janitorial services for this space. The Service Provider shall include all costs associated with providing Space or services under this Paragraph in the calculation of the detainee rate day rate. (Note: the Service Provider shall have no obligation under this Paragraph unless the Parties negotiate speci?c terms for such space or services.) B. Federal Govemment responsibilities. The INS will incur the costs of installing computer cabling, telephone lines and any additional telephone trunk lines and telephone switch equipment that may be required. The INS will be re5ponsible for payment of INS long?distance telephone bills for INS staff. Article XVII. Special Conditions Neither this Agreement, nor any interest may be assigned or transferred to any other party without the written approval by the Service. By signing this Agreement, the signatory certi?es that the City of Haskell, TX is using the named detention facility above for its detention requirements. Signatcuy agrees to notify the Service within thirty (30) days of its cessation of use of the facility. By signing this agreement, the signatory certi?es that the City of Haskell, TX is a legitimate governmental entity pursuant to State or Federal, law and controls the operation of the Rolling Plains Regional Jail and Detention Center. By signing this agreement, the signatory certi?es that the City of Haskell, TX shall be bound by all tenns and conditions of this agreement. By signing this agreement. the signatory certi?es that the City of Haskell, TX has legal authority to sign this agreement on behalf of Haskell County, Texas pursuant to the interlocal agreement in Attachment E. Article Reserved. End of document Attachments: A. INS Cost Statement Form 12 .0 FHA aid Evansv- If? mm @1002 of Justicu 00? Immigration and Naturalization Eunice Envision 7/19/02 IntergovermmtaISer-vice Agrc'ananrfar Housing Federal Daainm Between the Immigration and Nmralfzan?an Service and The Rotting Hams Regional Jail and Detention Center, Hm?ef?. TX 79521. B. ail Agtceman hepection Report C- DIES Preuauthoriza?on Form D. SF 3331, deor?v?scc?anwus Paymzm Enrollment Form - Interlncal Agreement bow-ecu County, Texas and City of Haskell, Texas. F. Resolution of ofJama-s Elam as duly all?lD?ZEd agent ofthe City of Haskul]. . G. 1N5 Detention Standards (Copy provided previuusly. Note: As additional INS Damnation Standards hire issucd. INS will modify the to includu mm.) H. Noli?catinn being controlling agreement for detexm'on has with INS, lctterdatcd 11:15:19,200; (timer mm To {4,610 game) The governing body of the: City of Haskell, Taxes, has duly authorimd this amend. The: City shall comply with all provisions set herein. Executed on I clay of 2002. as Elam . acuiivc Director K63 Lama Mayor, City of Haskell 13 . anl'??