Mum-Agency Detention Services Intergovernmental Agreement 1 1. Agreement Number 2. Effective Date 1 3. ity odes) 71-02-0044 July 1. 2007 4. Issuing Federal Agency 5. Local Government United States Marshals Service Charleston County Detention Center Witness Security Prisoner Operations Division 3841 Leeds Avenue Washington, DC 20530-1000 North Charleston, SC 29405 Tax ID 57-6001289 6. Appropriation Data 7. Local Contact Person Ashley Dell, Contract Manager 15X1020 8. Tel: (843) 529-7332 Fax: Email: 9. This agreement is for the housing, safekeeping, and subsistence of federal 3 55.00 prisoners, in accordance with content set forth herein. 12. To Be Used lfl?l'isoner Transportation is 13. being provided. Guard Hour Rate: $20.00 Mileage shall be reimbursed by the Federal Government attire GSA Federal Travel Regulation Ml Rate. 14. Local Government Certi?cation 15.59 . - 2'5 To die best of my knowledge and belief, Information submitted In support of this agreement ls true and correct, document has been duly authorized by the body governing of the Department or Agency and the Name Department or Agency will comply with all provisions set forth herein. Title 16. Prisoner 0i Detainee Type Authorized 17. Signature to Sign (Federal) Signature Adult Male Adult Female Name .21. Juvenile Male 9/ 10/0} Title .8. Juvenile Female . Date MARCH 2015 ICE 2012030300029109 Agreement Number 71-02-0044 Authority ., .. 3 Purpose of. Agreement and Security Provided .. 3 Period of Performance .. 4 Assignment and Outsourcing of Jail Operations .. 4 Medical Services .. 4 Receiving Discharge of Federal Detainees .. 5 Guard/Transportation Services to Medical Facility 6 Guard/Transportation Services to US. Courthouse .. 6 Special Noti?cations .. 7 Administrative Orders Agency .. 8 Service Contract Act .. 8 Per-Diem Rate .. 8 Billing and Financial Provisions .. 9 Payment Procedures ..10 Inspections of Services ..10 Liability ..10 Page 2 of 11 MARCH 2015 ICE 2012030300029110 Agreement Number 71-02-0044 Authority Pursuant to the authority of Section 119 of the Department of Justice Appropriations Acts of 2001 (Public Law 106-553), this Agreement is entered into between the United States Marshals Service (hereinafter referred to as the ?Federal Government") and Charleston County, SC (hereinafter referred to as ?Local Government?), who hereby agree as follows: Purpose of Agreement and Security Provided The Federal Government and the Local Government establish this Agreement that allows three (3) Federal Government components, speci?cally, the United States Marshals Service (USMS) and the Federal Bureau of Prisons (BOP) of the Department Of Justice and the United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS), to house federal detainees with the Local Government at the Charleston County Detention Center (hereinafter referred to as ?the facility"). For purposes of this Agreement, the term ?Federal Government", as used herein, shall mean any and all of the three Federal Government components responsible for housing federal detainees, e.g. any notices required to be provided to the Federal Government, including invoices, shall be provided to the speci?c Federal Government component responsible for each federal detainee, or material witness. The population, hereinafter referred to as ?federal detainees,? will be individuals sentenced or charged with federal offenses and detained while awaiting trial or sentencing awaiting designation and transport to a BOP facility, a hearing on their immigration status, or deportation. The Local Government shall accept and provide for the secure custody, safekeeping, housing, subsistence and care of federal detainees In accordance with state and local laws, standards and procedures, or court orders applicable to the operations of the facility, consistent with federal law, policies and regulations. Unless otherwise specified by this Agreement, the Local Government is required, in units housing federal detainees, to perform in accordance with the most current versions of the mandatory standards of the American Correctional Association (ACA) ?Standards for Adult Local- Detention Facilities and the essential National Commission on Correctional Health Care Standards, and the Federal Performance- based- Detention Standards In addition, where ICE federal detainees are housed, the ICE federal detainees are to be housed in accordance with ICE Standards In cases where other standards con?ict with or standards, policy and standards prevail. Page 3 of .11 MARCH 2015 ICE 2012030300029111 Agreement Number 71-02-0044 At all times, the Federal Government shall have access to the facility and to the federal detainees housecl there, and to all records pertaining to this Agreement, including ?nancial records, for a period not less than 3 years. This Agreement shall not affect any pre~existing, unrelated agreements between the parties or with any other third party or parties. Period of Performance This Agreement is effective upon the date of signature of both parties, and remains in effect unless terminated by either party with written notice. The Local Government shall provide no less than 120 calendar days notice of their intent to terminate.yWhere the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of . the CAP prevail. Assignment and Outsourcing of Jail Operations Overall management and operation of a facility housing federal detainees may not be contracted out without the prior express written consent of the Federal Government. Medical Services The Local Government is ?nancially responsible far all medical treatment provided to federal detainees within the facility. The Local Government shall provide the full range of medical care required within the facility including dental care, mental health care, pharmaceuticals, and record keeping, as necessary to meet the essential standards of the National Commission of Correctional Health Care?s Standards for Health Services of Jails (current edition). The Local Government will submit to the Federal Government requests for approval of all treatment to be provided outside the facility. The Federal Government shall be responsiblelfor the cost of approved outside medical treatment. In the event of an emergency, the Local Government shall proceed immediately with necessary medical treatment. In such an event, the Local Government shall notify the Federal Government immediately regarding the nature of the federal detainee?s illness or injury, type of treatment provided, and the estimated cost thereof. The Local Government shall forward medical invoices for outside medical care to the Federal Govemment within 30 days of receipt. Page 4 of 11 MARCH 2015 ICE 201203030.0029112 Agreement Number 71-02-0044 The facility shall have in place an adequate infectious disease control program, which includes testing all federal detalnees at the facility for tuberculosis (TB) as soon as possible upon intake (not to exceed 14 days) and read within 72 hours. TB testing shall be accomplished in accordance with the latest CDC Guidelines and the results documented on the federal detainee's medical record. The Local Government shall immediately notify the Federal Government of any cases of suspected or active TB so that any scheduled transports or production can be delayed until a physician veri?es the federal detainee?s TB status. When a federal detainee is being transferred and/or released from the facility, they will be provided with seven days of prescription medication which will be dispensed from the facility. When possible, generic medications should be prescribed. Medical records must travel with the federal detainee. If the records are maintained at a medical contractor?s facility, it is the Local Government's responsibility to obtain them before a federal detainee is moved. Federal detainees may be charged a co-payment for medical services provided by the Local Government. The Local Government shall administer the program in accordance with theFederal Prisoner Health Care Co-Payment Act of 2000 (Title 18 401 3d). This statute does not cover ICE federal detainees; co-payments shall not be collected from ICE federal detainees under ANY clrcu mstances. Receiving 8. Discharge of Federal Detainees The Local Government agrees to accept federal detainees only upon presentation by a law enforcement of?cer of the Federal Government with proper agency credentials. The Local Government shall not relocate a federal detainee from one facility under its control to another facility not described in this Agreement without permission of the Federal Government. The Local Government agrees to release federal detainees only to law enforcement of?cers of the Federal Government agency initially committing the federal detainee DEA, ICE, etc.) or to a Deputy United States Marshal (DUSM). Those federal detainees who are remanded to custody by a DUSM may only be released to a DUSM or an agent specified by the DUSM of the Judicial District. USMS federal detainees sought for a state or local court proceeding must be acquired through a Writ of l-iabeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the district United States Marshal (USM). Page 5 of 11 MARCH 2015 ICE 2012030300029113 Agreement Number 71-02-0044 ICE federal detainees shall not be released to the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. Guardrl'raneportation Services to Medical Facility The Local Government agrees, upon request of the Federal Government in whose custody a prisoner is held, to provide transportation and escort guard services for federal prisoners housed at their facility to and from a medical facility for outpatient care, and transportation and stationary guard services for federal prisoners admitted to a medical facility. Such services will be performed hm qualified law enforcement or correctional of?cer personne emp oyed by the Local Government under their policies, procedures, and practices. The Local Government agrees to augment such practices as may be requested by the USM to enhance specific requirement for security, prisoner monitoring, visitation, and contraband control. The Local Government will continue to be liable for the actions of Its employees while they are transporting federal prisoners on behalf of the USMS. Further, the Local Government will also continue to provide workers' compensation to its employees while they are providing this service. It is further agreed that the local jail employees will continue to act on behalf of the Local Government in providing transportation to federal prisoners on behalf of the USMS. Furthermore, the Local Government agrees to hold harmless and indemnify the USMS and its of?cials in their official and individual capacities from any liability, including third-party liability or workers' compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. The Federal Government agrees to reimburse the Local Government at the rate stipulated on page one (1) of this agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Guardn?rensporta?on Services to 0.8. Courthouse The Local Government agrees upon request of the USM in whose custody a prisoner is held, to provide transportation and escort guard services for federal prisoners housed at their facility to and from the US. Courthouse. Transiortation and escort guard services will be performed by quall?ed of?cers employed by the Local Government under their Page 6 of 11 MARCH 2015 ICE 2012030300029114 Agreement Number 71-02-0044 policies, procedures, and practices, and will augment such practices as may be'requested by the USM to enhance speci?c requirements for security, prisoner monitoring, and contraband control. Upon arrival at the courthouse, transportation and escort guard will turn federal prisoners over to Deputy US. Marshals only upon presentation by the deputy of proper law enforcement credentials. The Local Government leLngt transport federal prisoners to any US. Courthouse without a speci?c request from the USM who will provide the prisoner's name, the U.S. Courthouse, and the date the prisoner is to be transported. Each prisoner will be restrained In handcuffs, waist chains, and leg irons during transportation. Such services will be performed by qualified law enforcement or correctional of?cer personnel employed by the Local Government under their policies, procedures, and practices. The Local Government agrees to augment such practices as may be requested by the USM to enhance specific?requirements for security, prisoner monitoring, visitation, and contraband control. The Local Government will continue to be liable for the actions of its employees while they are transporting federal prisoners on behalf of the USMS. Further, the Local Government will also continue to provide workers' compensation to Its employees while they are providing this service. It is further agreed that the local jail employees will continue to act on behalf of the Local Government in providing transportation to federal prisoners on behalf of the USMS. The Local Government agrees to hold harmless and indemnify the USMS and its of?cials in their of?cial and individual capacities from any liability, including third-party liability workers' compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. The Federal Government agrees to reimburse the Local Government at the rate Speci?ed on page one (1) of this agreement. .Mileage shall be reimbursed in accordance with the current GSA mileage rate. Special Noti?cations The Local Government shall notify the Federal Government of any activity by a federal detainee which would likely result in litigation or alleged criminal activity. The Local Government shall immediately notify the Federal Government of an escape of a federal detainee. The Local Government shall use all reasonable Page 7 of 11 MARCH 2015 ICE 201203030.0029115 Agreement Number 71-02-0044 means to apprehend the escaped federal detainee and all reasonable costs in connection therewith shall be borne by the Local Government. The Federal Government shall have primary responsibility and authority to direct the pursuit and capture of such escaped federal detainees. Additionally, the Local Government shall notify the Federal Government as soon as possible when a federal detainee is involved in an attempted escape or conspiracy to escape from the facility. In the event of the death or assault of a federal detainee, the Local Government shall immediately notify the Federal Government. Administrative Orders 8: Agency Instructions For administrative convenience, the Federal Government may request services not listed in this Intergovernmental Agreement (IGA) (Le. Guard Service, Transportation, etc). Any individual agency orders with the Local Government shall clearly define the additional services and/or procedures, a reasonable price, if any, and state that all other terms and conditions of this IGA remain in effect. Service Contract Act This Agreement incorporates the following clause by reference, with the same force and effect as if ii: was given in full text. Upon request, the full text will be made available. The full text of this provision may be accessed electronically at this address: Federal Acquisition Regulation Clause(s): 52.222-41 Service Contract Act of 1965, as Amended (July 2005) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.222-43 Fair Labor Standards Act and the Service Contract Act - Price Adjustment (Multiyear and Option Contracts) (May 1989) The current local government wage rates shall be the prevailing wages unless notified by the Federal Government. Per-Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-diam rate established by this Agreement is considered a fair and reasonable price. Examples of such techniques include, but are not limited to, the following: 1. Comparison of the requested per-diem rate with the independent government estimate for services, otherwise known has the Core Rate; Page 8 of 11 MARCH 2015 ICE 2012030300029116 Agreement Number 71-02-0044 2. Comparison. with per-diam rates at other state or local facilities of similar size and economic conditions; 3. Comparison of previously proposed prices and previous Federal Government and commercial contract prices with current proposed prices for the same or' similar items; 4. Evaluation of the provided jail operating expense information; The ?rm-fixed per-diam rate for services is $55.00, and shall not be subject to adjustment on the basis of the Charleston County Detention Center?s actual cost experience in providing the service. The per-diam rate shall be ?xed for a period from the effective date of the Agreement forward for 36 months. The per-diam rate covers the support of one federal detainee per ?federal detainee day?, which shall include the day of arrival, but not the day of departure. After 36 months, if a rate adjustment is desired, the Local Government shall submit a request through the area of the Detention Services Network (DSNetwork). All information pertaining to the jail on DSNetwork will be required before a new per-diem rate can be considered. The per-diem rate covers the support of one federal detainee per ?federal detainee day", which shall include the day of arrival, but not the day of departure. Billing and Financial Provisions The Local Government shall prepare and submit for certi?cation and payment, original and separate invoices each month to each of the Federal Government components responsible for federal detainees housed at the facility. The addresses for the USMS components are: United States Marshals Service District of South Carolina . 901 Richard Street, Suite 1300 Columbia, SC 29201 (803) 765?5821 To constitute a proper invoice, the name and address of the facility, the name of each federal detainee, their Specific dates of con?nement, the total days to be paid, the appropriate per diem rate as approved in the IGA, and the total amount billed (total days multiplied by the rate per day) shall be listed, along with the name, title, complete address and telephone number of the Local Government of?cial responsible for invoice preparation. Page 9 of 11 MARCH 2015 ICE 201203030.0029117 Agreement Number 71-02-0044 Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, appropriations in accordance with the Anti-De?ciency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government on a basis, after receipt of an appropriate invoice. The Local Government shall provide a remittance address below: Charleston County Sheriff?s Department 3841 Leeds Avenue North Charleston, SC 29405 Modi?cations and Disputes Either party may initiate a request for modi?cation to this Agreement in writing. All'modl?cations negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate of?cials of each party. Both the parties agree that they will use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of non- binding alternative dispute resolution mutualiy acceptable to the parties. Inspections of Services The Local Government agrees to allow periodic inspections of the facility by Federal Government inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations, conditions of con?nement, and levels of services. Liability The Local Government shall protect, defend, indemnify, save and hold harmless the Federal Government, DOJ, DHS and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with the performance of this Agreement by the Local Government, its agents, sub-contractors, employees, assignees or any one for whom the Local Government may be responsible. The Local Government shall also be liable for any and all costs, expenses and attorneys fees; incurred as a result of any such claim, demand, Page 10 of 11 MARCH 2015 ICE 201203030.0029118 Agreement Number 71-02-0044 cause of action, judgment or liability, including those costs, expenses and attorneys fees incurred by the Federal Government, DOJ, DHS and its employees or agents. The Local Government?s liability shall not be limited by any provision or limits of insurance set forth in the resulting agreement. Awarding the Agreement, the Federal Government does not assume any liability to third parties, in awarding and administering this Agreement, the Federal Government does not assume any liability to third parties, nor will the Federal Government reimburse the Local Government for its liabilities to third parties, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the performance of the Agreement or any subcontract under this Agreement. The Local Government shall be responsible for all litigation, including the cost of litigation, brought against it, its employees or agents for alleged acts or omissions. The Federal Government shall be noti?ed in writing of all litigation pertaining to this Agreement and provided copies of any pleadings ?led or said litigation within ?ve working days of the filing. The Local Government shall cooperate with the Federal Government legal staff and/or the United States Attorney regarding any requests pertaining to Federal Government or Local Government litigation. Page 11 of 11 MARCH 2015 ICE 201203030.0029119 Attachment In accordance with South Carolina State Law Section 23-19-20 of the 1976 Code of Laws, Amended, Contracts to house Federal prisoners in local detention facilities "must also be signed by the sheriff if he is responsible for operating the county jail or detention facility. This page shall serve as an amendment to Page one (1 Section fourteen (14) of the contract. ghee J. Name (Print) ,lwn?e/ D?afe MARCH 2015 ICE 201203030.0029120