n; \Lulu'.? 1 - United States Depart-eat of Homeland Security 1 us. Immigration Customs Enforcement lawman! Service Agreanm for Homing Federal Detan l. Wider-her 2. ?fteede 3. WNW ACES-H0007 SeeBlockB 0001 4. mmomum: 5. US. Won-kindest Security Department 24000Avihlu..koon3104 m,mozm Phone! mm a. 90 6. Desorption of Won (EXCEPT AS SPECIFICALLY PROVIDEDHEREIN, ALL TERMS AND CONDITIONS 01? AW LDENTIFIED IN BLOCK 1 MUNCHANGID): This is modi?ed to incorporate the following: Article Trnnoponntion Services. The Service Provider am to provide transportation mvieu for Service detainees between the Provider's facility in Ludiow, MA, point within the state of Massachusetts, delivery points within the shoe of Massachusetts, or the Boston Field into orout ofthe facilitym'intothe custodyofiCEand booking newinmate: frommecustodyot'ICB into the facility, 1nd to and from appropriate court facilities. The Provider shell milieu Importation vehicles equimed with appropriate safety equipment as required by end in compliance with State of Mmmhusetts for prisoner transport. Two uniformed quali?ed law-enfth or correctional security of?ce-s employed or oontneledby the Provider undertheir policies. procedmes and practices be usigmdto each vehicleon each trip. These 0mm mint be appropriatelylioensod and certi?ed those duties pursuant to the State of Massachusetts and US. Department of Transportation (Continued) I nudism eopiatotheimlingo?ioc LomiGommrismtroquiredtosiaimis Doeunent 7. 1w! MM 1 owl/W Nmand?l'itle (Type ?Prion Date .muypcotmnt) 2012FOIA3030.000954 ,091/2?4/2013 19:49 FAX 003/003 IGSA ACB-3-H-0007 Suffolk County Sheriff?s Department Modi?cation 0001 Page 2 Reimbursement for transportation services shall be paid at the acme] hourly rate of the transporting of?cers and a round trip mileage rate equaling the General Services Administration approved mileage we (currently 40.5 cents per mile, but subject [0 change on occasion). Service Provider shall maintain a trumpet-ration log documenting all transparmrion services (dim, origin, destination, time, mileage, Provider is to invoice ICE for services rendered as a separate line item on the periodic billing for detention. A copy of the naspnna?on log shall be attached to all invoices that contain charges for transplantation services. 2012FOIA3030.000955 03/2?/2008 11:55 PM 017 989 8583 SCBC ADIIN SERVICES United States Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreem ent for Housing Federal Detainees 1. Agreement Number Effective Date 3. Requisition Number (Hepplicable) July 16, 2003 4. Issuing Of?ce Address: 5. City/County/State Government: (Service Provider) Department of Homeland Security Suffolk County Sheriff's Department 70 Kimball Avenue #20 Bradston Street South Burlington, VT 05403-6813 Boston, MA 02118 (QM q) Contacth: Phone: (I Fax: 1802 6. Services Covered by this Agreement 7. ?Detainee Day Rate: 8. Transportation Housing, security, subsistence. clothing and medical care of Guard Rate tT' persons detained by the US. Department of Homeland 5 37.50 0_ve_mm Security?in?gccordance with the tem and conditions set forth Mileage Lima in this agreement. - p170: . Administrative Space: 6000 sqmre feet @SBOIsquare foot annually. paid in installments 067,500 for July 2003 and $15,000 thereafter. These are ?xed rates unt? agitated via form! modi?cmion 9. Type of Detainee: Adult Male Adult Female 10.- City/County or State Government Certi?cation: To the best of my (our) knowledge and belie}: data submitted in support of this agreement is true and correct; this agreement has been duly authorized by the governing body of the city/county or state government identified in block 5 above The Government identi?ed shall comply with all provisions set forth herein. 0 [I'll- anus yr? an rinses?l M) (Date) (Named ?deopdorpn'ata? @1975}; (Date) (Mae a nu: opal ?an (SWIM) (Date) (Name m1: typed orpritued) (For additional please attach another pageJ I. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA were (Date2003 -. b. i 4 a .o-rnu w. L- ?van-A uk'm?r- 03/25/2008 11:55 FAX 617 989 6563 4 SCHC ADMIN SERVICES 003/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernm enrol Service Agreement for Housing ederal Detainees Article I. Purpose A. Pgrpose. The purpose of this Intergovernmental Service Agreement (IGSA) is. to establish an Agreement between the Bureau of Immigration and Customs Enforcement (BICE), a component of the Department of Homeland Security, and a state or local govemment agency (Service Provider) for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended.? The term ?Parties? is used in this Agreement to refer jointly to BICE and the Service Provider. All persons in the custody of the BICE will be referred to as an ?AdministrativeDetainee?. This term recognizes that-BICE detainees are not charged with criminal-violations and only held in custody to assure their presence throughout the administrative hearing process, and to assure their presence for removal from the United States pursuant to a tml?awful ?nal order by the Immigration Court, the Board of Immigration Appeals orlother . Federal judicial body. I B. Responsibilities. This Agreement sets forth the responSibilities of BICE and the Service Provider. The Agreement states the services the'Service Provider shall perform satisfactorily to receive payment ?'om BICE at the prescribed rate. C. Guidance. The Parties have negotiated ?rm ?xed rates for agreement. The rates. may be changedby mutual agreement of the parties in accordance with Article XI. Article II. General A. Funding. The obligation of BICE to make payments to the Service Provider is contingent upon the availability of Federal funds. The BICE will, however, neither present detainees to the Service Provider nor direct performance of any other services until the BICE has the appropriate funding. . .- B. Subcontractors. The Service Provider shall. notifyhand obtain approyal from 1 if it intends to house BICE detainees'in ta 'tacilit?y?Oth'e'i'than' that'speenrecra??t?e cos/er? page of this document. If either that facility, or any ?xture one, is operated by an entity ?other than the Service Provider, BICE 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 BICE with copies of all subcontracts in existence during any part of the term of this Agreement. The BICE will not either accept invoices from, or make payments to, a subcontractor. C. Consistent 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. 1 2012FOIA3030.000957 11:56 FAX 617 989 3563 SCHC ADMIN SERVICES @004/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement . Intergovernmental Service A green: eat for Housing Federal Detainees Article Covered Services A. Bed space. The Suffolk County Sheriff?s Department (Service Provider) shall provide male/female beds on a Space available basis. The Service Provider shall house all detainees as determined within the classi?cation system. The BICE will be ?nancially liable only for the actual detainee days as de?ned in Paragraph C. of this Article. As of the date of signing, the parties agree that the Service Provider cannot currently house females. B. Basic. needs. The Service Provider shall provide adult BICE detainees (gender as speci?ed in Paragraph A. of this Article) with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the sas?ervice Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies, and procedures. If the Service Provider determines that BICE 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 BICE immediately. The types and levels of services shall be those the Service Provider routinely a?ords?to other inmates. . C. [_Jnit of service and ?nancial liability. The unit of service will?be a 5?detainee day" (one person per day). The detainee day begins on the date of arrival. The Service . Provider may bill BICE for the date of arrival but not the date of departure. 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. Ifa detainee is brought in at 0100, Sunday and is released at 235 9 Monday, the Service Provider may bill for only 1 detainee day. The shall be reSponsible to pay for only those beds actually occupied. D. The Service Provider shall make special provisions for non- English speaking, handicapped or illiterate detainees. The BICE will reimburse the Service- Providerfor-any costs associated. with. providing commercial written_or..telephone language interpretive services, and upon request, will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions ?verbally (in English or the detainee?s native languageas appropriate) to detainees who cannOt'read. The Service Provider. shall include the amount that the ServiCe Provider paid for such services on their regular invoice. 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 BICE within 24 hours. 2012FOIA3030.000958 03/25/2008 llz56 FAX 617 989 6563 SCHC ADMIN SERVICES 005/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreem entfor Housing Federal Detainees E. Escort and Transportation services. The Service Provider will provide, upon request and as scheduled by BICE, necessary escort and transportation services for BICE detainees to and from designated locations. Escort services will be required for escorting detainees to court hearings, escorting witnesses to the courtroom and staged with the BICE judge during proceedings. Transportation services shall be performed by-at least two (2) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider and under its policies, procedures and authorities. The BICE shall reimburse the Service Provider for any hourly expenses for guarding purposes if the Service Provider is required to provide such service. Allcosts for escort and I transportation services shall be listed separately. When utilizing BICE vehicles the Service Provider will be reimbursed for actual hours provided only. IV. Receiving and Discharging Detainees A. Reguired activigg. The Service Provider shall receive and discharge detainees'only from and to either properly identi?ed BICE personnel or other prOperly identi?ed Federal law enforcement of?cials with priOr authorization from BICE. Presentation of US. - Government identi?cation shall constitute proper identi?cation. The Service Provider 7 'shall furnish receiving and discharging services twenty?four (24) hours per day, seven (7) days a week. The BICE shall furnish the Service Providerwith reasonablenotice of - - receiving or discharging detainee(s). The Service Provider shall ensure positive identi?cation and recording of detainees and BICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination withon-duty BICE of?cers. - - - B. Restricted release of detainees. The Service Provider shall not release BICE detainees from its physical custody to any persons other than thosevdescrib in ParagraphA of this Article for any reason, except for either medical, other in response to a federal writ of habeas corpus. If detainee is "soughth federal, state or local; court proceedings, only BICE may authorize release of_thefdetainee fpr._such_pnrposes.., . .. The Service Provider shall contact BICE inunediatEly .Service Provider right of refusal. The Service Providerlr'etains ?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 7 medical care beyond the sc0pe of the Service Provider?s health provider. In the case of a detainee already in custody, the Service Provider shall notify the BICE andrequest such removals, and shall allow the BICE 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 BICE 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 BICE within two hours of such evacuation. 2012FOIA3030.000959 03/125/2008 11:57 FAX 617 989 6563 SCHC ADMIN SERVICES 006/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greem ent for Housing Federal Detainees Article V. BICE Detention Standards The Service Provider shall ensure compliance with detention standards (?nd under and Department of Justice core detention standards to be provided by BICE. The Service Provider may ad0pt, adapt or establish alternative procedures, provided they meet or exceed the standard?. As additional detention standards are issued, and/or changed, they will?be incorporated by issuance of a bi-lateral modi?cation. Compliance will be made Within .ninety (90) days from the effective date of this agreement. Article VI. Medical Services A. Ausnices of Health Authomv. The Service Provider shall proVide BICE detainees 7 ?mg/uh 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 BICE detainees hold current licenses, certi?cations, 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 inthis Agreement. ?In the absence of a healthcare I . I professional, non-health care personnel may refer detainees to health care resources based upon protocols deveIOped by United States Public Health Service (U SPHS) Division of - Immigration Health Service (DIHS). Healthcare or personnel may perform a 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 BICE 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 and deliver .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 accessto health care services as prescribed in Article 111, Paragraph D. D. On-site health care. The ServiceProvider shall furnish on?site health care under this Agreement. The Service Provider shall not charge any BICE detainee an additional fee or co-payment for medical services or treatment provided. at the Service Provider?s facility. The Service Provider shall ensure that BICE detainees receive 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. 4 2012FOIA3030.000960 :3 i 03/25/2008 11:57 FAX 617 989 6563 for further disposition of that detainee. effective or more aptly-meets the needs of BICE and the detainee. 9. :7 SCHC ADMIN SERVICES 007/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreementfar Housing Federal Detainees E. Arrival screening. Arrival screening shall include at a minimum TB screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past . and present illnesses (mental and physical). - F. Unacceptable medical conditions. If the Service Provider determines that'an BICE detainee has a medical Condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needinglife? support, uncontrollable violence), the Service Provider shall notify BICE. Upon such noti?cation the Service Provider shall allow BICE reasonable time to make the proper arrangements bc??rre In?; commerce-female": . - G. DIHS Pre-apnrog for off-site care. The DIHS acts as the agent and a??nal health authority for BICE alloff-site detainee medical and health related matters. The relationship of the DIHS to the detainee equals that of physician to. patient. The Service Provider shall release any and all medical information for BICE detainees to the . DIHS representatives upon request. The Service Provider shall solicit DIHS approval before proceeding 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 medical/health services to DIHS. (See Attachment D.) For medicalcare provided outside thefacility, may determine that an alternative medical provider or institutibn ismore cost- - 7.123.?, c' ?Huang: gt-J? ?x '3 not ?pre-approved by the DIHS. ,The Service Provider shall send all requests for pre- approval for non-emergency off-site care to: immigration Health Services Managed Care Program Fax:' 202-318-0080 7? . - Managed Care .1788. 8-7 18.18.9437. . . -v emulareFit-st. Immigration Health Services PMB 468 1220 STREET .W. Washington, DC 20005-4018 .Medical Claims'Status Inquiry: 17888-238-8163 More information is available at the PHS DIHS web site atzl 2012FOIA3030.000961. 11:58 FAX 617 989 6563 relocation of detainees, or the Parties agree to a shorter period under the procedures .. -- ADMIN SERVICES 008/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreem em' for Housing Federal Detainees H. Medical care. The Service Provider shall furnish 24 hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee?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 by calling the telephone number listed in paragraph above as soon as possible, and in no case more than seventy-two hours after detainee receipt of such care. The Health Authority will obtain pre-authorization from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency-situation. I. Off-site custody of?cers. The Service Provider shall provide off-site custOdy of?cers atall times detainees are admitted to an outside medical facility. The Service Provider shall submit a separate invoice for custody of?cer services 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 associated Service Provider departments. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and, addenda?to this Agreement, - the Service Provider shall not employ aliens unauthoriZedto work in the United States. Except for maintaining persOnal living areas, persons detained for BICE 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 Party 11an 60, days written notice, unless an emergency situationrequire's theimmediate A - Article IX. Inspection A. Jail Ageement Inspection?Rgport. The Service Provider shall allow'BICE 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 BICE. No notice to the Service Provider is required prior to an inspection. The BICE will conduct such inspections 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 fire/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, confidential communication, telephone access, legal counsel, legal library, visitation, and recreation. The ?BICEwill share ?ndings of the inspection with the Service Provider?s facility administrator to promote improvements to facility Operation, conditions of con?nement, and level of service. 2012F0IA3050.000962 03/25/2008 11:58 FAX 617 989 6563 SCHC ADMIN SERVICES 009/015 Department of Homeland Security Bureau ofImrnigration and CustomsEnl?orcement Intergovernmental Service A greemen for Housing Federal Detainees B. Possible termination. If the Service Provider fails to remedy de?cient service BICE identi?es through inspection, BICE may terminate this Agreement without regard to the provisions of Articles and X. C. Share ?ndings. The Service Provider shall provide BICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access toDetainee Records. The Service Provider shall,upon request, grant BICE access to any record in its possession (regardless of whetherthe Service Provider created the record) concerning any alien whom it has detained pursuant to this Agreement. This right of access shall include, but not be limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the alien?s ?behavior while in Service custody. Furthermore, the Service Provider shall retain all records where this right of access applies. The retention period willbe at least two years the date of the detainee?s discharge from the Service Provider?s custody. Article X. Modi?cations and Disputes A. Modi?cations. 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 modi?cation will become part of this Agreement only after the BICE Contracting Of?cer and the authorized signatory of the Service Provider have approved it in writing. . a a B. Disputes. The BICE Contracting Of?cer and the authorized signatory of the Service 7 Provider are the parties to settle disputes, questions, and Concerns-arising from this - Agreement. Settlement of disputes shall be- memorialized in? a written modi?cation between the BICE Contracting Of?cer and authorized signatory of theService Provider. A IA 3'5; r: -- f: j: The BICE shall reimburse the Service, Provider at the detainee day rate shown on the cover page of this document. The Parties may adjust that rate 12 months after the date of signing, and every 12 months thereafter. The Parties shall base the rate and adjustments on the principles set forth in OMB Circular A-87. Such adjustments shall be effective on the ?rst day of the month following execution of the modi?cation. - 7 2012FOIA3030.000963 08/25/2008 11:59 FAX 617 989 6563 SCHC ADMIN SERVICES Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreemenrfar Housing Federal Detainees Article XII. Enrollment, Invoicing, and Payment A. Enrollment in electronic funds transfer. The Service Provider shall provide the BICE of?ce with the information needed to make payment by electronic funds transfer (EFT). Since January 1, 1999, BICE has made all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information onStandard Form 3881, Automated Clearing House (ACH) Vendor/Miscellanedus Payment Enrollment Form, (Attachment F). The Service Provider shall submit a completed SF 3881 to the BICE payment of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for'prOviding updated information to the BICE payment of?ce. 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 BICE 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 of?cial responsible for invoice preparation. The Service Provider shallsubmit invoices within the ?rst ten working days of the month following the calendar .- vmonth when it provided the servicesUS. Department of Homeland Security Suffolk County House of Correction #20 Bradston Street Deportation Unit Boston, MA 02118 Phone: (617) 635-1000 X6503 Cell: (617) 594-8033 I .. .. The BICE will transfer funds. electronipaiay througheither-an Automated; - - Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Act requires BICE to make payments under this Agreement the 30?ll 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 BICE to pay interest on overdue payments to' the Service Provider. The BICE will determine any interest due in accordance with the Act. 8 2012F0IA3030.000964 010/015 .d 11:59 FAX 817 989 6563 SCHC ADMIN SERVICES 011/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovemm enrol Service Agreement for Housing Federal Detail: ees Article Government Furnished Property A. Federal PropertLFurnished to the Service Provider. The BICE may furnish federal property and equipment to the Service Provider. Accountable pr0perty remains titled to BICE and shall be returned to the custody of BICE upon terminatiOnof the agreement. The suspension of use of bed Space made available to BICE is agreed to be grounds for the recall and return of any or all government furnished property.? B. Service Provider Responsibility. The Service Provider shall not remove BICE property from the facility without the prior written approval of BICE. The Service Provider shall report any loss or destruction of such property immediately to BICE. xeA?rticle XIV. Hold Harmless and Indemnification Provisions A. Service Provider held harmless. The BICE 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 BICE of?cers or employees, to theextent that7BICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, _28 2691 et. seq. B. Federal Government held harmless. The Service Provider shall save held harmless and indemnify federal government agencies to the extent allowed by law 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 performance of work under the terms of this Agreement, resulting from the negligent acts onussionsnf the service Provider, or any employee, In so agreeing, the Service Provider does not li?iifs 3f, IF liability available to it under state or federal law. C. Defense of suit. In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee?s incarceration and/or immigration/citizenship status, BICE shall request that the US. Attorney?s Office, as appropriate, move either to have the Service Provider dismissed from such suit, to have BICE 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, BICE shall request that the US. Attomey?s Of?ce be re3ponsible for the defense of any suit on these grounds. 2012FOIA3030.000965 03/25/2008 12:01 FAX 617 989 6563 A. ?the-Deht?Cellection anrovernent mnendedata SCHC ADMIN SERVICES 012/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees D. BICE recovery right. The Service Provider shall do nothing to prejudice right to recover against third parties for any loss, destruction. of, or damage to U.S. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at the expense, to BICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments ?of assignment in favor of BICE 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 (if federal aiexaminations 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 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. B. Access to records. The BICE 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 the Service Provider or its. sub-recipients; Which are pertinentto 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. - C. Delinquent debt collection. The BICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. The BICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service provider pursuant Article XVI. Provision of Space to BICE and EOIR A. Service Provider responsibilities. The Service Pr0vider shall provide suitable support, of?ce and administrative space, for uSe by BICE. As necessary, the Service Provider will provide suf?cient safe and secure storage space for all BICE detainee baggage. In addition, the Service Provider agrees, if required, to fumish acceptable of?ce and administrative Space to the Executive Of?ce of Immigration Review (EOIR). .10 . 2012FOIA3030.000966 ?a 12:02 FAX 617 989 6563 SCHC ADMIN SERVICES 013/015 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees The Service Provider shall equip the of?ce and administrative space furnished to BICE and EOIR with a telephone system compatible with the federal telephone network. The Service Provider shall furnish the security and janitorial services for this space. B. Federal Government re5ponsibilities. The BICE will incur the costs of installing . computer cabling, telephone lines and any additional telephone trunk lines. and telephone switch equipment which may be required. The BICE will be responsible for payment of BICE long-distance telephone bills for BICE staff. I a Article XVII. Mutual Bene?t It is agreed and understood by BICE and the Suffolk - . County Sheriff's Department that this agreement is intendedto be mutually bene?cial to both parties. It is ?irther recognized that the facility?to be used to house BICE detainees 7 mi?s a stand alOne facility and will require additional staf?ng and other expenses. It is flirther agreed and understood that housing of BICE detainees will be implemented in phases, as agreed upon by the parties. In recognition that Suffolk County Sheriff's Department will incur costs to properly maintain the facility and staff for BICE detainees, I BICE agrees to use its best efforts to house suf?cient detainees in the facility to assure that Suffolk County Sheriff?s Department can enjoy operational ef?ciency and economic bene?ts as a result of this agreement. . End Of document .11 - 03/25/2008 12:02 FAX 817 989 8583 SCHC ADHIN SERVICES @014/015 U.S. Department of Homeland Security Immigration and Customs Enforcement Detention and Removal Operations New England Field Of?ce District Staging Facility Lat: 20 Brodston Street Bldg. 8 Boston. MA 021 :8 MEMORANDUM FOR DATE: October 17, 2003 SUPERINTENDENT SUFFOLK COUNTY SHERIFFS DEPARTMENT FROM: (QMXQ) SUBJECT: TRANSPORTATION TEAM (9M) THIS LETTER IS TO FORMALIZE THE REQUEST FOR A SUFFOLK COUNTY TRANSPORTATION TEAM TO ASSIST WITH THE IMMIGRATION CUSTOMS ENFORCEMENT (I.C.E.) OPERATIONS AS STATED IN THE CONTRACT. WE WOULD LIKE TO HAVE A TEAM ASSIGNED MONDAY - FRIDAY, FROM THE HOURS OF 1045-1915. IF THERE ARE ANY PROBLEMS WITH THIS SCHEDULE PLEASE FEEL FREE TO CONTACT ME. - 2012FOIA3030.000968 93425/2008 12:02 FAX 817 989 6583 SCHC ADIIN SERVICES @015/015 United States Department of Homeland Security Bureau oflmmigration and Cum and IEan District .?aging Facility 20 Bradentou St. I.C.E. Bldg. 8 Boston. MA 02118 MEMORANDUM FOR: DATE: 1-23-04 ?,ounty noun mum (JHUKI) um) District Staging Facility, Boston, Ma. SUBJECT: Transportation O?ccr Hum) (gm Friday,0700-1500. administrative issuesouareg?arbasis. Asyouamvaynwm future. Ifyonneedanything?omme ?atulenpleweletmeknow.