FACILITY LIST - Population Data as of February 2, 2009; Source: IIDS, February 6, 2009 FACILITY INFORMATION ADP t?f-m? - Page'l?h'm? document is OFFICIAL USE ONLY It contains information that may be exempt from public release under the Freedom of Printed 3/19/2009 Information Act (5 U.S.C. 522) i United States Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees 1. Agreement Number 2. Effective as of 3. Requisition Number (Ifapplicable) I 7 date in block ACB-4-H-0002 12 4. Issuing Of?ce Address: 5. City/County/State Government: (Service Provider) Department of Homeland Security Butler County Sheriff?s Of?ce 70 Kimball Avenue 705 Hanover Road South Burlington, VT 0540346813 Hamilton, OH 45011 Contact Pets Contact Person: Ned RRoss Phone: (802 I . in 7 - . _.thonwayer . 2 . Phone: (513 I Fax: (802) Fax: (513 6. Services Covered by this Agreement: 7. *Detainee Day Rate: 53.20 Housing, security, subsistence, clothing and medical care of persons detained by the U.S. 8. Transportation: Department of Homeland Security in accordance Guard Rate 29.29 with the terms and conditions set forth in this Mileage 53 - 36 cents/mile agreement. 9. This is a ?xed rate until adjusted via formal modi?cation 10.. Type of Detainee: 12! Adult Male 121 Adult Female 11. City/ County or State Government Certi?cation: To the best of my (our) knowledge and belief 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 identi?ed in black 5 above. The city/county or state government identified shall comply with We Michael A. Fox Commissioner, Butler County, OH (Date) (Name-dc Title oped or printed) Charles R. Furmon Commissioner, Butler County, OH (Date) (Name Title gped or printea? -Courtney E. Combs mom) 0H or additional signatures, please attach another page.) 12. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA $me. Remit mite/6:3 has; 2: Haggai; O?icer SigmtureM (Date) (Name wed or printed) t/d? . I Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Article 1. Purpose 7 A. Pu_rpose. 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 government 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 personsin the custody of the BICE will be referred to as an_p?Adrninistrative Detainee?. 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 lawful ?nal order by the Court, the Board of Immigration Appeals or other Federal judicial body. 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 from BICE at the prescribed rate. C. Guidance. The Parties will negotiate the detainee day rate. Once established, this is a ?xed rate per detainee day and shall only be modi?ed by bi-lateral modi?cation 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 ?mding. B. Subcontractors. The Service Provider shall notify and obtain approval from the BICE if it intends to house BICE detainees in a facility other than that speci?ed on the cover page of this document. If either that facility, or any future 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 provideBICE 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. I Department of Homeland Security Bureau of Immigration and Customs Enforcement . Intergovernmental Service Agreement for Housing Federal Detainees .Article Covered Services A. Bed space. The 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. - 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 Agreement. In providing these services, the Service 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 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 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 1 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 BICE shall be responsible to pay for only those beds actually occupied. D. Interpretive services. The Service Provider shall make special provisions for non- English speaking, handicapped or illiterate detainees. The BICE will reimburse the Service Provider for 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 shallprovide all instructions - verbally (in English or meanness native language as 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for 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 o?icer 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. All costs for escort and transportation services shall be listed separately. When utilizing BICE vehicles the ServiceProvider will be reimbursed for actual hours provided only. Article IV. Receiving and Discharging Detainees A. Required activity" . The Service Provider shall receive and discharge detainees only fromand to either properly identi?ed BICE personnel or other properly identi?ed Federal law enforcement officials with prior authorization from BICE. Presentation of US. Government identi?cation shall constitute proper identi?cation. The Service Provider shall ?nnish receiving and discharging services twenty?four (24) hours per day, seven (7) days a week. The BICE shall furnish the Service Provider With reasonable notice 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 with on?duty BICE officers. I B. Restricted release or detainees. The Service Provider shall not release BICE detainees from its physical custody to. any persons. other than those described in Paragraph A of this Article for any reason, except for either medical, other emergent situations, or in response to a federal writ of habeas corpus. If a BICE detainee is sought for federal, state or local court proceedings, only BICE may authorize release of. the detainee for such purposes. The Service Provider shall contact BICE immediately regarding any such requests. 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 BICE and request 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. I Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement for Housing Federal Detainees Article V. BICE Detention Standards The Service Provider shall ensure compliance with the BICE detention standards (?nd under and Department of Justice core detention standards to be provided by BICE. The Service Provider may adopt, 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.- .Auspice?s of Health Authority. TheSer?ce Provider shall provide BICE detainees with On-site 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 registerednurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a health care - professional, non?health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Service (DIHS). Healthcare 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 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 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. D. On-site health care. The Service Provider 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees E. Arrival screening. Arrival screening shall include at a minimum TB screening, planting of the Tubercan Skin Test (PPD), and recording. the history of past and present illnesses (mental and physical). F. Unacceptable medical conditions. Ifthe Service Provider determines that a BICE detainee has a medical condition which renders thatperson unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life 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 for further disposition of that detainee. G. DIHS Pre-approval for non?emergent offsite care. The DIHS acts as the agent and ?nal health authority for BICE on all off-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. For medical care provided outside the facility, the DIHS may deterinine that an alternative medical provider or institution is more cost?effective or more aptly meets the needs of BICE and the detainee. The BICE may re?ise to reimburse the Service Provider for non-emergency medical costs incurred that were 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 Coordinators: 1-888?718-8947 The Service Provider is to) notify all medical providers approved to furnish off-site health care of detainees to submit their bills in accordance with instructions provided to: Immigration Health Services PIVIB 468 1220 STREET NW. Washington, DC 20005-4018 Medical Claims Status Inquiry: 1-888-238e8163 More information is available at the PHS DIHS web site at: Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreementfor Housing edera! Detainees H. Emergency 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 pro-authorization ?om 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 at all times detainees are admitted to an outside medical facility. The Service Provider shall. submita 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 unauthorized to 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 un?l'terminated by either Party 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 Article X. I Article IX. Inspection 7 A. Jail Agreement Inspection Repgrt. 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 ail Agreement Inspection Report a copy of which is included as Attachment to this Agreement. The ail Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, I sleeping utensils, meals, medical care, con?dential communication, telephone access, legallcounsel, legal library, visitation, and recreation. The BICE will 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement 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-to Detainee Records. The Service Provider shall, upon request, grant BICE access to any record in its possession (regardless of whether the 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 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 will be at least two years from 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. - B. Disputes. The BICE Contracting Of?cer and the authorized signatory of the Service 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 the Service Provider. Article XI. Adjusting the Detainee Day Rate 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 Such adjustments'shall be e??ective on the ?rst day of the month following execution of the modi?cation. A Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for 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 on Standard Form 3881, Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Perm, (Attachment F). The Service Provider shall submita 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. 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 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 shall submit invoices within the ?rst ten working days of the month following the calendar month when it provided the services, to: US. Department of Homeland Security ATTN: Detention and Removals Of?ce A.J.C. Federal Building, Room 1917 -.1240 East-Ninth Street Cleveland, OH 44199-2085 Phone: 216-522-4764 Fax: 216-522-3064 C. Payment. The BICE 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 Act applies to this Agreement. The Act requires BICE to make payments under this Agreement the 30th calendar day a?er the Deportation o?ice receives a complete invoice. Either the date onthe 3 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Article Government Furnished Property A. Federal Property Furnished to the Service Provider. The BICE may furnish federal property and equipment to the Service Provider. Accountable property remains titled to BICE and shall be returned to the custody of BICE upon termination of 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 fromit?he facility unthout the prior written approval of BICE. The Service .- Provider. shall report any lessor destruction (if such property. irnr-nediately Article XIV. Hold Harmless and Indemni?cation Provisions A. Service Provider held harmless. The BICE shall 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 the extent that BICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government held harmless. The Service Provider shall save and hold 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 preperty 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 or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waiVe any defenses, inmninities or limits of 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 Of?ce, as appropriate, move either to have the Service Provider dismissed ?om? 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. Attorney?s Of?ce be responsible for the defense of any suit on these grounds. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement 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 US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at the expense, furnish 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, supportingdocurnents, statistical records, Oih? fecords pertinent to Contracts or subordinate'agreements under Agreement - I 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 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 pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the req'uired 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 interesL'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 1982, as amended. Article XVI. Provision of Space to BICE and Eon: A. Service Provider responsibilities. The Service Provider 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 furnish acceptable of?ce and administrative space to the Executive Of?ce of linmigration Review (EOIR). The Service Provider shall provide all utilities (excluding telephone) and janitorial services. BICE agrees to pay for this administrative space at the rate indicated on the cover page of this agreement. This rate is inclusive of utilities, janitorial, parking space, and communications capabilities as described below. 10 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 responsibilities. 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. . . . ?Arrticle ?Box Lunches Service Provider agrees to provide box lunches, as requested by BICE, for detainees scheduled for release from Service Providers custody. Box lunches will be charged at a rate of $2.00 each and will be billed on the invoice as a separate item. Article U.S. Marshals Service Use of this Agreement The U.S. Marshals Service is authorized to use this agreement under the same rates and terms and conditions as stated above. For off-site non emergency medical care for USMS prisoners, the Service provider shall send Inc-approval requests to: U.S. Marshals Service Joseph Kinneary U.S. Courthouse, RM 460 85 Marconi Blvd. Columbus, OH 43215 Phone: 614-469-6540 Fax: 614?469-2298 Invoices containing the Same general information required in. Article XII above should be sent on a basis to the USMS at the above address. End of document ll United States Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees 1. Agreement Number 12 2. Effective as of 3. Requisition Number (Ifapplicable) date in block - 4- - Office Address: Department of Homeland Security 70 Kimball Avenue South Burlington, VT 05403-6813 Contact Person: Ned RRoss Phone: (802 Fax: (802) 5. City/County/State Government: (Service Provider) Butler County Sheri??s Of?ce 705 Hanover Road Hamilton, OH 45011 6. Services Covered by this Agreement: Housing, security, subsistence, clothing and medical care of persons detained by the US. Department of Homeland Security in accordance with the terms and conditions set forth in this agreement. 7. *Detainee Day Rate: 3 53.20 8. Transportation: Guard Rate 29.29 Mileage 35 36 cents/mile 9 This is a ?xed rate until adjusted via formal modi?cation 10.. Type of Detainee: I21 Adult Male 121 Adult Female 11. City! County or State Government Certi?cation: We To the best of my (our) knowledge and belief 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 Gigi/county or state government identi?ed shall comply with Michael A. Fox Commissioner, Butler county, 0H 26? ?ff/ (st-w or additional signatures. please attach another page.) {Date} arm's: Title We or printed) Charles R. Furmon Commissioner, Butler county, 0H (Date) (Name Title typed or printeay Courtney E. Combs (Date) 1 0? kmaw (Cant O?cer SignatureM 12. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA )a/iafee (Date) (Name oped or printed) gag Wag-sew I/h? Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Article 1. Purpose A. Pmose. 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 government 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 . personsin the custody of the BICE will be referred to as an 5?Administrative Detainee?. 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 lawful ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. 7 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 from BICE at the prescribed rate. C. Guidance. The Parties will negotiate the detainee day rate. Once established, this is a ?xed rate per detainee day and shall only be modi?ed by bi?lateral modi?cation 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 notify and obtain approval from the BICE if it intends to house BICE detainees in a facility other than that speci?ed on the cover page of this document. If either that facility, or any future 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 ?our, or make payments to, a subcontractor. . 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement for Housing Federal Detainees Article Covered Services A. Bed space. The 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. 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 Agreement. In providing these services, the I Service 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 ,1 8, 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 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 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 1' 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 BICE shall be responsible to pay for only those beds actually occupied. D. Interpretive services. The Service Provider shall make special provisions for non- .English speaking, handicapped or illiterate detainees. The BICE will reimburse the Service Provider for 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 language as 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for 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. All costs for escort and transportation services shall be listed separately. When utilizing BICE vehicles the ServiceProvider will be reimbursed for actual hours provided only. I Article IV. Receiving and Discharging Detainees A. Required activity. 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 shall ?nnish receiving and discharging services meaty?four (24) hours per day, seven (7) days a week. The BICE shall furnish the Service Provider with reasonable notice 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 with on?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 those described in Paragraph A of this Article for any reason, except for either medical, other emergent'situations, or in response to a federal writ of habeas corpus. If a BICE detainee is sought for federal, state or local court proceedings, only BICE may authorize release of the detainee for such purposes. The Service Provider shall contact BICE immediately regarding any such requests. - 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 anydetainee 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 castody, the Service Provider shall notify the BICE and request 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. I Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Article V. BICE Detention Standards The Service Provider shall ensure compliance with the BICE detention standards (?nd under and Department of Justice core detention standards to be provided by BICE. The Service Provider may adopt, 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.- .Auspice?s of Health Authority. TheService Provider shall-provide BlCEdetainees with 0n-site 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 in this Agreement. In the absence of a health care professional, non?health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Service Healtheare 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 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 detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall I furnish the detainees instrubtions in his or her native language for gaining access to health care services as prescribed in Article D. D. Orr-site health care. The Service Provider shall furnish on?site health care under this Agreement. The Service Provider shall not charge any BICE detainee an additional fee or coepayment 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. Onesite 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees E. Arrival screening. Arrival screening shall include at a minimum TB screening, planting of the Tubercan Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). F. Unacceptable medical conditions. Ifthe Service Provider determines that a BICE detainee has a medical condition which renders thatperson unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify Upon such noti?cation the Service Provider shall allow BICE reasonable time to make the proper arrangements for further disposition of that detainee. G. DIHS Pie-approval for non-emergent off-site care. The DIHS acts as the agent and ?nal health authority for BICE on all off-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. For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution is more cost-effective or more aptly meets the needs of BICE and the detainee. The BICE may refuse to reimburse the Service Provider for non-emergency medical costs incurred that were 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 Managed Care Coordinators: 1-888-718-8947 The Service Provider is to'notify all medical providers approved to furnish off?site health care of detainees to submit their bills in accordance with instructions provided to: Immigration Health Services PMB 468 1220 STREET NW. Washington, DC 20005-4018 Medical Claims Status Inquiry: 1?888?238-8163 More information is available at the PHS DIHS web site at: Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees H. Emergency 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 ?'om the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. I. O?~site custody of?cers. The Service Provider shall provide off-site custody of?cers at all times detainees are admitted to an outside medical facility. The Service Provider shall. submit, a separate, invoicefor custody of?cer services with-its regular "billingDIHS 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 unauthorized to 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 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 Article X. Article IX. Inspection A. Jail Agreement Rep_ort. 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 ?re/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The BICE will share ?ndings of the inspection with the Service Provider? 5 facility administrator to promote improvements to - facility operation, conditions of con?nement, and level of service. - . Department of Homeland Security Bureau of Immigration and Customs . Intergovernmental Service A greement 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 to Detainee Records. The Service Provider shall, upon request, grant BICE access to any record in its possession (regardless of whether the Service Provider created . the record) concerning any alien whom it has detained pursuant to this?Agreement. This I right of access shall include, but not be limited to, incident- rocords. 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 will be at least two years from 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 Officer and the authorized signatory of the Service Provider have approved it in writing. B. Disputes. The BICE Contracting Of?cer and the authorized signatory of the Service 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 Officer and authorized signatory of the Service Provider. Article XI. Adjusting the Detainee Day Rate 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 adjusunents on the principles set forth in OMB Circular Such adjustments shall be effective on the ?rst day of the month following execution of the modi?cation. Department of Homeland Security Bureau of Immigration and Customs Enforcement . Intergovernmental Service Agreement for 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 on Standard Form 3881, Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form, 7 (Attachment F). The Service Provider shall submita 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. 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 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 official responsible for invoice 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: US. Department of Homeland Security ATTN: Detention and Removals Of?ce A.J.C. Federal Building, Room 1917 21240 East Ninth Street Cleveland, OH 44199-2085 Phone: 216-522-4764 Fax: 216?522-3064 C. Pament. The BICE will transfer ?mds electronically through either an AutOmated Clearing'H-ouse subject to? the banking 1aWs 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 30th calendar day after the Deportation o?ice receives a complete invoice. Either the date onvthe Government?s check, or the date it executes an electronic transfer of ?mds, 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. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Article Government Furnished Property A. Federal Prope? Furnished to the Service Provider. The BICE may furnish federal property and equipment to the Service Provider. Accountable property remains titled to BICE and shall be returned to the custody of BICE upon termination of 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 Resnonsibilitv. The-Service Provider shall not remove BICE property ?orn the facility without the prior written approval of BICE. The Service Provider, shall report any loss-or deStruction. of such property. immediately Article XIV. Hold Harmless and Indemni?cation Provisions A. Service Provider held harmless. The BICE shall 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 the extent that BICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government held harmless. The Service Provider shall save and hold 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 or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, ir?mnunities or limits of 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 Of?ce, 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. Attorney?s Of?ce be responsible for the defense of any suit on these grounds. Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement 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 US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at the expense, furnish 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, supportingdocuments, statistical records, and other records pertinent to contracts er subordinatezagreements under Agreement . A 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 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 pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. . 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 to the Debt Collection Improvement Act of 1982, as amended. Article XVI. Provision oerpacc to BICE and Eom A. Service Provider responsibilities. The Service Provider 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 furnish acceptable of?ce and administrative space to the Executive Of?ce of Immigration Review (EOIR). The Service Provider shall provide all utilities (excluding telephone) and janitorial services. BICE agrees to pay for this administrative space at the rate indicated on the cover page of this agreement. This rate is inclusive of utilities, janitorial, parking space, and communications capabilities as described below. 10 Department of Homeland Security Bureau of Immigration and Customs Enforcement Intergovernmental Service A greement for Housing Federal Detainees The Service Provider shall equip the of?ce and administrative space ?imished 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 responsibilities. 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. . Lunches '7 Service Provider agrees to provide box lunches, as requested by BICE, for detainees scheduled for release from Service Providers custody. Box lunches will be charged at a rate of $2.00 each and will be billed on the invoice as a separate item. Article US. Marshals Service Use of this Agreement The US. Marshals Service is authorized to use this agreement under the same rates and terms and conditions as stated above. For off?site non emergency medical care for USMS prisoners, the Service provider shall send lyre-approval requests to: US. Marshals Service Joseph Kinneary US. Courthouse, RM 460 85 Marconi Blvd. Columbus, OH 43215 Phone: 614-469?5540 Fax: 614?469-2298 Invoices containing the Same general information required in. Article XII above should be sent on a basis to the USMS at the above address. End of document 11