US. Department of-Jns?ce United States Marshals Service Modi?cation of Intergovernmental Agreement I. MODIFICATION No. SERVICES No. 3. EFFECTIVE DATE OP MODIFICATION 15601 .. 5/1/01 A a; I 1 4. ISSUING OFFICE 5. 10m GOVERNMENT 6. IGA No. US. MARSHALS SERVICE McLennan County Detention Center 80-99-0014 PRISONER SERVICES DIVISION 520 Columbus PROGRAMS AND ASSISTANCE BRANCH Waco, TX 76701 7. FACILITY 600 ARMY NAVY DRIVE 660 ARLINGTON, VA 22202-4210 8. ACCOUNTING CITATION 9. ESTMATED ANNUAL PAYMENT 15X1020 10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND OF THE 10A DOCUMENT REFERRED '10 IN BLOCK 5. REMAIN UNCHANGBD. TERMS OF THIS MODIFICATION: The purpose Of this modi?cation is to include Immigration and Naturalization Service as a federal user agency. On page 5 of lo, Article VII, paragraph 1., add the tollowing: Immigration and Naturalization Service Skyline Center - Bldg. N. Stemmons Freeway Dallas, TX 75247 {21 4) 905-8344 1 1. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT Is NOT REQUIRED B. 8 LOCAL GOVERNMENT 15 UIRED To SIGN THIS DOCUMENT To SIGN THIS RETURN 2 COPIES Tous. MARSHAL I JLAEEROVAL Ilm ?0015 Siwmre TITLE DATE TITLE DATE Form USM-Ztlla USMS HQ USE ONLY (Rev. 3/99) Page_]_ of Pages MARCH 2015 ICE 201203030.0029405 thui'Oa'Iics Texas 1151: Unltod Sum Dunn?s? of 11136:: United S5315 Malia): Sender: Service Agreement qum'ng of Federal Prisoners mm.:134mases Fm?of? MARCH 2015 ICE 201203030.0029406 - comet. No. 80-99-0014 10 1'2 98 332-98 5. 55mm Once a. com sum-y. 0005(8) 7 um STATES unsung NAME AND McLennan County Deteniion Center MOMS DIVISION ADDRESS 520 Columbus . 1m $250014 (saw. ty. 600 ARMY HAW mums county. 51m TX 76701 VA 22202-4210 and ZIP cad: 1. mm 15111020 ?and Fm? Jim Lewis, County Judge ?Ara Code 1: Telephone No. (817) 757-5049 I. 9. In. 11. 12. 11. 1'11." no. 005m unn- 1.11111~ nus mm This agreement'? for the housing. ESTIMATED safekeeping and subsidence Of USMS ESTIMATE) federal prisoners In accordance PRISONER. PER DIEM ANNUAL with the contents set forth herein. 351E 50.300 1 PD: $41.95 $3.368.585.00 "The Intergovernmental Agteemeni Numbet h. awe-0049 I: canceled and the new W?g ?g 9? u? number Is a! sided in BIOCE NO. am 72 [Am . 11-162? u. NAME AND TITLE 01: P8350146) Act-110111230 TO SIGN can To the ban! of my branded? and bulk]. data .mth In supper-r of Ml: acumen! (rue (Siam-u!) AGENCY andcorrad. the demand has been duly w- CERHHINO thorium! by the tombs: body of the quan- Nun. mm or Mu) 1111c mm or Ageno and the Department or Agency will comply with ALL PROVISIONS 527? m? FORTH HEREINus: 11. nzsom m: To an mom 1.. m: Plasmid Amman a Hereby .4pr and Am 17 Hold Over 551413140151) 11mm 811pr an Adult m1. [3 Adult Male Cl Susana: Support Adult Female Adult Female THE UNITED STATES OF AMERICA C) Other 11mm: Male [3 Juvenile Male 3? Oman OF 11-11: DIRECTOR OF 11-15 unmso n. mm 0, use [3 Jamil: Fannie CI .1qu Fauna): STATES MARSHALS sanwcs mum Allen: Work Relax Me?um YCA Male BY Major YCA Fm? (SIONA runs or com- ACTING 0:51am) mapng ANNUAL $562 21. rum: OF Amomzmo 07:11:13.1. 22. DATE $101120 153211021: 1.1.1135 1101111. rm: 0! Mm) Prisoners pm 3M9 DEC - 8 Don Bassford I I 9111015 501110145 ARE OBSOLETE AND ARE NOT TO BE USED mm 0514-241 (Rev. 386) FROM .CtuiGenlcs Texas [no A U.S. Deparucnt' of Justice l. E. A Ernie: Marshals Service IGA o. Page No. 60-99-0014 Intergovernmental Service Agreemml Schedule 4.10. .1. The purpose of this lntergovemmental Service Agreement (IGA) is to establish a formal binding relationship between the United States Marshals Service (USMS) and other federal user agencies (the Federal Government) and McLennan County (the Local Government) for the detention of persons charged with or convicted of violations of federal law or held as material witnesses (federal prisoners) at the McLennon County Detention Center (the facility). The Local Government agrees to accept and prOVlde for the secure custody. care and safekeeping of federal prisoners in accordance with state and local laws. standards. policies. procedures. or court orders applicable to the operations of the facility. The USMS considers all federal prisoners medium/maximum security-type prisoners that are housed within the con?nes of the facility, at a level appropriate for prisoners considered a risk of fight. a danger to the community. or wanted by other jurisdictions. WW WI Neither this agreement nor any interest therein may be assigned or transferred to any other party without prior written approval by the USMS. 2. None of the principal activities of the project-SUpported effort shall be contracted out to another organization without prior approval by the USMS. Where the intention to award contracts is made known at the time of application. the approval may be considered granted if these activities are funded as proposed. 3. All contracts or assignments must be formalized in a written contract or other written agreement between the parties involved. 4. The contract or agreement must. at a minimum. state the activities to be performed, the time schedule. the project policies. and the flow-through requirements that are applicable to the contractor or other recipient. other policies and procedures to be followed. the dollar limitation of the agreement. and the cost principles to be used in determining allowable costs. The contract or other written agreement must not affect the recipient's Overall reSponsib?ity for the duration of the project and accountability to the government. . MARCH 2015 ICE 201203030.0029407 Form (ROI. 2/92) FROM Citha'itcs Texas Inc Pl-tCltE Nd. 1 254 772 8588 ?it Jul. 13 1999 P4 Department of Justice I i. )Slares Marshals Servr'cc A No. Intergovernmental Service Agreement Schedule 4 j: l- l. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided to local prisoners. including the transportation and security for prisoners requiring removal from the focifity for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the Federal Government. In the event the Local Government has a contract with a medical facility/physician or receives discounted rates, the federal prisoners shall be charged the same rate as local prisoners. 2. The Local Government agrees to notify the United States Marshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility. and to obtain prior authorization for removal for all other medical services required. 3. When a federal prisoner is being transferred via the USMS airlift. he/she will be provided with three (3) to seven days of prescription medication which will be disjpensed from the detention facility. When possible. generic medications should be scribed. 4. Medical records must travel with the federal prisoner. if the records are maintained at a medical contractor's facility. it is the detention facility's responsibility to obtain them . before a federal prisoner is moved. 5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Gavernment. 6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is involved in an escape. attempted escape, or conspiracy to escape from the facility. V-R l. The Local Government agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the of?cer of prOper law enforcement credentials. 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initially committing the prisoner DEA. INS. etc.] or to a DepUty I 2M. Those prisoners Who are remanded to custody by a USM may only be released to a or an agent speci?ed by the USM of the Judicial District. MARCH 2015 ICE 2012030300029408 Form (Rev. 2192i FROM enumerates Texas Ihc ND. 1 254 772 8686 Al Jul. 13 1999 P5 US. Department at Justice l' ercra Marshals Service No. Page No. Intergovernmental Service Agreement Schedule so-99-oot4 01.1.0. 3. The Federal Government agrees to maintain federal prisoner papulation levels at or below the level established by the facility administrator. 4. Federal prisoners may not be released from the facility or placed in the custody of state or local of?cials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the interstate Agreemenror Detainers and then only with the concurrence of the District USM. This agreement shall be in effect inde?nitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners. the Local Government may suspend or restrict the use of the facility by giving written notice to the USM. Such notice will be provided thirty (30) days in advance of the effective date of formal termination and at least two (2) Weeks in advance of a suspension or restriction of use unless an emergency situation requires the )nediate relocation of prisoners. AW . i. Per diem rates shall be established on the basis of actual and allowable casts associated with the operation of the taciirty during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Government at the per diem rate - identified on page one of this agreement. The rate may be renegotiated not more than once per year. after the agreement has been in effect for twelve (l2) months. 3. The rate covers one (1) person per "prisoner day?. The Federal Government may not be billed for two days when a prisoner is admitted one evening and removed the following morning. The Local Government may bill for the day of arrivaldeparture- 4. When a rate increase is desired, the Local Government shall submit a written request to the USM at least sixty [60) days prior to the desired effective date of the rate adjustment. All such requests must contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM. The Local Government agrees to provide additional cost information to SUpport the requested rate increase and to oermit an audit of accounting records upon request of the USMS. Form (Rev, 2/92) MARCH 2015 ICE 2012030300029409 FROM LCM/twice Texas Inc A PHONE ND. :1 254 772 9596 Jul. 13 1999 33:2er P6 U.S. of Justice Stare: Marshais Service I . No. Service Agreement Schedule of 10 5. Criteria used to evaluate the increase or decrease in the per diem rate shall bethose speci?ed in the Office of Management and Budget (OMB) Circular A-87. Cost for State. Local. and Indian Tribal Governments. 6. The effective date of the rate modi?cation will be negotiated and speci?ed on the IGA Modi?cation form approved and signed by a USMS Contract Specialist. The effective date will be established on'thE?rst'ddy of the "month for accounting purposes.- Payments at the modi?ed rate will be paid Upon the return of the signed modi?cation by the authorized Local Government official to the USM. l. The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for certification and payment. U. s. MARSHALS SERVICE WESTERN DISTRICT OF TEXAS U.S. COURTHOUSE 5 EAST DURANGO BOULEVARD SAN ANTONIO. TX 78206 .l (210) 472-6540 - 2 To constitute a proper invoice. the name and address of the facility, the name of each federal prisoner. their speci?c dates of con?nement, the total days to be reimbursed . 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. The name, title, complete address. and phone number of the local of?cial responsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act. Public Law 97-177 [96 stat. 85. 3i USC 180l is applicable to payments under this agreement and requires the payment to the Local Government at interest an overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Of?ce of Management and Budget Circular A425. 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after . receipt of a proper invoice. in the of?ce designated to receive the invoice. It the due date falls on a nonworking day Saturday. federal holiday). then the due date will be "we next working day. The date of the check issued in payment shall be considered to be .. date payment is made. NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR PAYMENT. Form usm-ms (Rev. 2192) MARCH 2015 ICE 2012030300029410 m. . em. FROM :,CtviBgnios Texas Inc PHCINENCI. $12547723685 U.S. Department of Justice i? Jul. 13 1999 esteem 15mm Marshals Service A . No. Page New. Intergovernmental Servace Agreement Schedule 30.99.0014 5 of vm the refunding of expenditures disallowed by audits- - 0RD Recipients are responsible for complying with OMB Circular A-87 and 28 CFR. Part 66. and the allowabllity of the costs covered therein (submission of Form To avoid possible subsequent disallowance or dispute based on unreasonableness or unaltowability under the speci?c cost principles, recipients must obtain prior approval on the treatment of special or unusual costs. Tl X- ENA ETENTI CORD three years for purposes of federal examination and audit. The 3-year retention period set forth in paragraph one {it above, begins at the end at the ?rst year of completion of service under the If any litigation. claim. negotiation. GUdit. Or other action involving the records has been started before the expiration of the MARCH 2015 ICE 2012030300029411 All recipients receiving direct awards from the USMS are responsible for the management and ?scal control of all funds. Responsibilities include the accounting of receipts and expenditures. cash management. the maintaining of adequate financial records. and l. The recipient shall be required to establish and maintain accounting systems and financial records that accurately account for the funds awarded. These records shall include both federal funds and all matching funds of state. local. and private oranizations. State and local recipients shall eXpend and account for funds in accordance with state laws and procedures for expending and accounting for its oWn funds. as well as meet the ?nancial management standards in 28 Code of Federal Regulations (CFR). Part 66. and current revisions of OMB Circular A-87. 3. Changes in facilities: The USMS shall be noti?ed by the recipient of- any signi?cant change in the facility, including signi?cant variations in inmate populations, which causes a signi?cant change in the level of services under this IGA. The noti?cation shall be supported with suf?cient cost data to permit the USMS to equitably adjust the per diem rates included in the IGA. Depending on the size of the facility for purposes of assessing changes in the population. a 10% increase or decrease in the prison population shall be a "significant increase or decrease? for purposes of this subsection. 55 TO 1. In accordance with 28 CFR. Part 66. all financial records. supporting documents. statistical records, and other records pertinent to contracts or sub-awards awarded under this shall be retained by each organization participating in the program for at least Form 8 (Rev. 2?92) neon gamete-ms; Texas Inc PHONE N0. 1 254 772 eses Jul. 13 1999 33130PM P1 US. Department of Justice States Marshals Service I WM . 58.x No. Page No. 99-0014 2 of Intergovernmental Service Agreement Schedule 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular 3-year period, whichever is later. 3. Access to Records: The USMS and the Comptroller General of the United States. or . their?authoriged representatives. shall have the right of access to any pertinent books. documents. parsesaisi?er 't'e?EiiSi?i??s?oi - 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. 4. Delinquent Debt Collection: The USMS w?i hold recipient accountable for any overpayment. audit disallowance, or any breach of this agreement that results in a debt owed to the Federal Government. The USMS may apply interest. penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. . OVERN EN NI PROPE i. it is the intention of the USMS .to furnish excess federal properly to local governments for the speci?c purpose of improving jail conditions and services. Accountable excess . property. such as furniture and equipment. remains titled to the USMS and shall be returned to the custody of the USMS Upon termination of the agreement. The Local Government agrees to inventory. maintain. repair. assume liability for, and manage all federally provided accountable property as well as controlled excess property. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be immediately reported to the USM and USMS Headquarters. Accountable and controlled excess property includes any property with a unit acquisition value of fill .000 or more, all furniture. as well as equipment used for security and control. communication. photography, food service. medical care, inmate recreation. etc. 3. The su5pension of use or restriction of bedspace made available to the USMS are agreed to be grounds for the recall and return at any or all government furnished property. 4. The dollar value of property provided each year will not exceed the annual dollar ment made by the USMS tar prisoner support unless a specific exemption is granted he Chief. Prisoner Services Division, USMS Headquarters. MARCH 2015 ICE 201203030.0029412 Fan-n LEM-2418 (Rev. 252) FROM =_Civif3_enics Texas Inc PHONE ND. 1 254 772 19596 Jul. 13 1999 P2 US. Department. of Justice Ur""d Slates Menthol: Service Service Agreement Schedule 533%? Pf; IQ 5. it is understood and agreed that the Local Government shall fully defend. indemnify, and to IATICE and hold harmless the United States of America. its of?cers. employees. agents. and servants. indiVidually and of?cially. for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use. Operation. or handling of any property (to include any vehicle. equipment, and supplies} furnished to the Local Government in which legal ownership is retained by the United States of attorney fees related thereto. The Local Government will be solely responsible for all maintenance. storage. and other expenses related to the care and responsibility for all preperty furnished to the Local Government. Tl - Dl AT l. Ether party may initiate a request for modi?cation to this agreement in writing. modi?cations negotiated will be written and approved by a USMS Contracting Of?cer and submitted to the Local Government on form USM 241a for approval. Disputes. questions. or concerns pertaining to this agreement will be resolved een the USM and the appropriate Local Government official. Space guarantee questions along with any other unresolved issues are to be directed to the Chief. Prisoner . Services Division. ll- The Local Government agrees to allow periodic inspections of the facility by USMS lnSpectors. Findings of the inSpection will be shared with the facility administrator in order to promote improvements to facility operations. conditions of confinement. and levels of - services. The mandatory minimum conditions of con?nement which are to be met during the entire period of the IGA agreement are: l. Adequate, trained jail staff will be provided 24 hours a day to supervise prisoners. Prisoners Will be counted at least once on every shift. but at least twice in every 24-hour period. One of the counts must be visual to validate prisoner occupancy- 2. Jail staf?ng will provide full coverage of all security posts and full surveillance of inmates. 3. Jail will provide for three meals per day for prisoners. The meals must meet the ?ganally recommended dietary allowances published by the National Academy at . nces. 4. Jail will provide 24-hour emergency medical care for prisoners. MARCH 2015 ICE 201203030 0029413 Form USM-2418 (Rev. 2t92) FROM =.CiviGpr-Itcs Texas Inc NJ. 2 1 34 772 8686 Jul. 13 1999 P3 US. Department of Justth Unr'ud Slate: Marshals Service I A Intergovernmental Service Agreement Schedule ?39,135? Pa lg S. Jail will maintain an automatic smoke and ?re detection and alarm system. and maintain written policies and procedures regarding ?re and other safety emergency standards. 6. Jail will maintain a water supply and waste disposal program that is certi?ed to be in compliance with app?cabie laws and regulations. Personnel and other of?cials connected with the agreement shall adhere to the requirements given below: 1. Advice. No of?cial or employee of the recipient. a sub-recipient. or a contractor shall participate personally through decisions. approval. disapproval, recommendation, the rendering of advice. investigation. or otherwise in any proceeding. application, request for a ruling or other determination, contract. grant. cooperative agreement. claim, . controversy, or other particular matter in which Department of Justice funds are used. (J are to his/her knowledge, he/she or his/her immediate family, partners. organization than a public agency in which he/she is serving as an of?cer. director. trustee. partner. or employee. or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment. has a ?nancial interest. or . less than an arms-length transaction. 2. Appearance. in the Use of Department of Justice protect funds. of?cials or employees of the recipient. a sub-recipient or a contractor, shall avoid any action Which might result in. or create the appearance of: Using his or her of?cial position for private gain; GiVing preferential treatment to any person: Losing complete independence or impartiality: Making an of?cial decision outside of?cial channels: or - e. Affecting adVersely the confidence of the public in the integrity of the government or the program. - $19er - i. The Local Government agrees upon request of the USM in whose custody a prisoner is Mld, to provide transportation and escort guard services for federal prisoners housed at facility to and from the U.S. Courthouse. The Local Government agrees to the renewing: For-m USM-24IB 2?92) MARCH 2015 ICE 2012030300029414 FROM :.Ctutl3.en1cs Texas Inc N0. v.5. Department of Justice L. is 1 254 772 8686 Jul. 13 1999 P1 - IGA No. Pa No. Service Agreement Schedule 30.99.0014 procedures, and practices. and will augment such practices as may be monitoring. and contraband control: 7 - proper law enforcement credentials: U.S. Courthouse. and the date prisoner is to be transported. 2. 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 f" personnel employed by the Local Government under their policies. procedures. and practices. The Local Government agrees to augment such practices as may be visitation. and contraband control. they are transporting federal prisoners on behalf of the USMS. Further, the Local they are providing this service. it is further agreed that the local jail employees will prisoners on behalf of the USMS. party or workers' compensation. arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 0. Trans ortation and escort guard services will be performed byw- i quali?ed of?cers employed .by the Local Government un er err po icres, requested by the USM to enhance speci?c requirements for security, prisoner b. Upon amvai at the courthouse. transportation and escort gucnds?will-tam-federolm prisoners over to Deputy US. Marshals only upon presentation by the deputy of c. The Local Government g?angi transport federal prisoners to any US. Courthouse without a speci?c request from the USM who will provide the prisoner's name, the requested by the USM to enhance speci?c requirements for security. prisoner monitoring. 4. The Local Government will continue to be liable for the actions of its employees while Government will also continue to provide workers' compensation to its employees while continue to act on behalf of the Local Government in providing transportation to federal 5. 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- Form (Rev. 2/92) 0241 .. ..-.-- - us-nepm' 611nm: Unitas! 8mm: Benin: Modi?an ?Intergovernmental Wt 1. ZRBQIIESIPORDW SERVICESNO. 3. DATE (2) 166-03 October 1. 2004 4. mom 5. LOCAL 60W 6. mm. Mum Canny 80-99-0014 MnLemnn CountyDatamionCm mess pm 520 Coth . 7. maxim comm ash-mm Waco. TX 76701 660 ?=ii I. momma 9. WAN 1511020 mus 'anmposeof?ismdi?ca?m is incatpm?cmedical guard Mcbuscuthchau'lymeofsuuz. 1. ham.th a. b. 11. arm MODIFICATION: Elzom, Loan, . mus. lama A- LOCAL B. FEDERALGOVW JackieGoma 3m W5 3 Guam JAN 2905 . 1m: M13 mm DATE Purim-341.3% HQ!!an (2mm _Ld_3.hses MARCH 2015 ICE 2012030300029416 V0 tam .U'Ilvo ?l??uqu a . . . US. Department otJuua Mammal Service ligament Schadnh IGA No. 8099-0014 45:2 of 2 2. qumwdus. wmmumumwmmu canines 3. 1mm mummdewm. 4. PM audits 5. Thar-dan Gomutayees to mmeumWym ?314.12. Wuhath w?hhmOSAm?ages-ute. MARCH 2015 ICE 201203030.0029417 63/ 12/ 287 14:57 2366383 AUSTIN CAP PAGE 81/83 urn/25w 12:23 2547mm JLLIE pm 32/8? in us. Justice . i - United States Marshais Service Modi?catlbn of IntergOVernmental Agreement . ?w 1. moomcmon N0. 2. REQUEST FOR DETENTION SERVICES N0. 3. EFFECTIVE mm; Op MODIFICATION Throe (3) 05-153 and 05-216 . January 1. 2006 4. rssume OFFICE 5. LOCAL 00W 6. ISA NO.. 0.3. mm semen Mel/emu: Coumy . . 60?99-0014 - PRISONER mmnous County Deten?on Center WASHINGTON, 520' Columbus 7. m:an com-x9) Waco, TX 76701 . . 600 y. 15x102o 10.23:me PROVIDED Menu mm, ALL mus AND 0024131130145 0? 11-13189. - -- mm TO IN name: 5, mm UNCI-IANGED. rams or?rms MODIFICATION: The. purpose ofthis modi?cation, as set forth on Pages 2 and 3 ofthis modi?cation. is to: 1) Include tho Bureau ofPrisona (BOP) as a user agency. 2) Incorporate an hourly rate for com transportation services. 3) Authorize the Local Govant to provide msportation and gumd services II the request of the USM. 11. INSTRUCTIONS TO LOCAL GOVERNMENT OF THIS MODIFICATIW: 1'3 1.1115!) A. LOCALGO Wiswo?rmmv . B. Ag]; r05! DOCUMENT mm COFIESTOUS.MARSHAL . 11 APPROVAL A. LOCAL B. FEDERAL mam/27 45mm Sgnamre 11M 1.81315 SW . Eu. tam; to am? 7' 1t"- ms mm: DATE A Form Osmwavsm HQ ass ONLY - auva No.1. of MARCH 2015 ICE 2012030300029418 63/12/2887 14: 57 2366383 ALBTIN CAP FAQ 82/ 83 2131120967 12: 23 we PAGE ea/ea v.3. Department of Justice United States Marshals Service Int-governmental Service Agreement Schedule IGA No. 80.99-0014 Page 2 of 3 1) On page 5 arm, Article VII, Paragraph 1., add the following: Bureau of Pn'oons Community Corrections Of?ce 727 East Dos-Inge Blvd? Suite 8-138 San Antonio, TX 78206 2) On page 10 of 10, Article XVI, Guard/Transportation Services to Us. Courthouse, add the following paragraph: 6. The Federal Government agrees to the Local Govemmeut at the rate of $14.12 per hour. Mileage shall be reimbursed in accordance with ?ue current GSA mileage rate 3) On page 10 of 10, add the following article: 1. Upon iequest of?ieUSM,the Local Govcmment agrees to provide u-ansporta?on and escort guard services for federalpiisoners in USMS custody. The Loan Gowmmem shall provide these transportation savicesleseort guard services for the Western District of Texas. The Local agrees to the following: a. Transportation and escortgumd services will beperi?ortned by. quali?ed a?eers employed by the Local (40va under their policies. procedures, an practices, and Will augment eucliprac?ces as may be requested by the USM to enhance speci?c requirements for common P?soncr mooitm-ing. and coon-ebmd control; b. Ifu-aospou?nguo on airli?, u'ansportationand escortguardc will turn federal pdeoners over to Deputy US. Marshals only upon presentation by the deputy of proper law mforoement credentials; and the local 351139: transpon federal prisoners to the airlift without a speci?c request from the USM who will provide the p?eoner?s name, location (district), and the date the prisoneris to be msported. . 2. Each prisoner will be restrained in handcu?'s, waist chains, and leg 1mm during transportati on. 3. Such services will be performed by quali?ed law enforcement or .oou'ectlonal omccr personnel employed bythe Local under their policies, procedures. and prectices. MARCH 2015 ICE 2012030300029419 83/12/ 2887 14: 57 2366389 ALSTIN 0N3 PAL: as! U: 83/ 12/ 2087 12: 23 JULIE PAGE 04/54 Dcpp'tment of Justice United Sm Marshals Service Intergovernmennl Service Agoema? Schedule IGA No. 80-99-0014 Page 2 of 3 The Ipcal Government agrees to angnent such practices as may be requested by the USM to alliance speci?c requh-ements for security, prist monitoring. visitation, and control. - 4. The Local Government will continue to be liable for the ac?ons of its employees While they are prisoners on behalf of the USMS. Flu-that, the Local Government will also continue to provide wo?tcts? compensation to its employees while they pop a a. act on of the Local Government provi behalf of the USMS. mosportation to federal prisonus on 5. Pur?iexmore, the Local Goth cases to hold harmless and indemnify the USMS and its of?cials in their o?iciel and individual capacities from myliability, including third- party liability workers? compensation, arising ?om the conduct of the low. jail employees during the come of transporting federal prisoners on behalf of the USMS. 6. 'l'chedcz-al Sciemmemm?iemteof $14.12 per hour. Mileage shall be reimbursed in accommewith the went GSA mileage rate MARCH 2015 ICE 2012030300029420 85/ 83/ 2887 15: 51 2547598126 JULIE A PAGE 82/ 84 US. Department of Jl'lstioe United States Marshals Service Modi?cation of Intergovernmental Agreement . JODIFICATION NO. 2. REQUEST FOR DWON SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION Three (3) 05-153 and 05-216 Janna-y 1, 2006 4. ISSUING OFFICE 5. LOCAL 00W 6. IGA N0. u.s. mum SERVICE MeLennm County 80-99-0014 PRISONER arm-110113 Cmme Detention Center WASHINGTON. no. 2053 0-1 000 5 20 Columbus 7. FACILITY Waco. TX76701 . 660 8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT 15X1020 10. EXCEPT AS PROVIDED SPECIFICAILY mm; ALL TERMS AND GDNDITIONS OF THE IGA. DOCUMENT REFERRED TO IN BLOCK 5. REMAIN UNCHANGED. TERMS OF MODIFICATION: The purpose of this modi?ca?on, as set forth on Pages 2 and 3 of this modi?cation, is to: 1) Include the Bureau of Prisons (BOP) as a federal user agency. )f 2) Incorporate an hourly rate 1501' court transportation services. 3) Authorize the Local Government to provide transportation and guani services at the request of the USM. 11. INSTRUCTIONS TO LOCAL COW FOR EXECUTION OF THIS MODIFICATION: A. B. HIRED RBQ TOSIGNTHISDOCUMBNTAED RETURN 2 COPIES TO US. MARSHAL . 12. APPROVAL LOCAL B. FBDERALGO '2 - 43 T7 - i- Signature WW. Lewls orgasm Grants 5 dist I, .. like; . c. .. TITLE DATE 1111.5 DATE Form MARCH 2015 ICE 2012030300029421 HQ USE ONLY 3?99) Page_1._ of 85/ 83/2887 15: 51 2547593126? JULIE FAQ 83/ 84 U.S. Department of Justice United States Marshals Service Intergovernmental Service Went Schedule IGA No. 8099-0014 Page 2 of3 1) On page of 10, Article VII, ngraph 1., add the following: Btn?eau of Prisons Community Corrections O?ce 727 East Durango Blvd, Suite B-138 San Antonio, TX 78206 2) On page 10 of 10, Article XVI, Gnard/I?ransportatlon Services to U.S. Courthouse, add the following paragraph: 6. TheFedaral Government agrees to reimburse the Local Governmeit atthe rate of $14.12 per hour. Mileage shall be reimbursed in accordance withthe merit GSA mileage rate 3) On page 10 of 10, add the following article: 1. Upon request of the USM, the Local Government agrees to provide transportation and escort guard services for federal prisoners in USMS custody. The Local Government shall provide these transportation services/escort guard services tor the Western District of Texas. The Local Government agrees to the following: a. Transportation and escort guard services will he par?armed by - quali?ed o?ieers enployed by thelooal Government under their 130 ores, proc urea, 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; b. Iftransporting to an airli?, transportation and escort guards will turn federal - prisoners over to Deputy US. Marshals only upon presentation by the deputy of proper law enforcement credentials; and the local Government gall not transport federal prisoners to the airlift without a speci?c request from the USM who will provide the prisoner?s name, location (district), and the date the prisoner is to be transported. 2. Each prisoner will he remained in handcuffs, waist chains, and leg irons during transportation. 3. Such services will be performed by quali?ed law enforcement or correctional of?cer personnel employed by the Local Government under their policies, procedures, and practices. MARCH 2015 ICE 2012030300029422 85/ 53/2667 15: 51 2547598125m JULIE PAGE 34/ B4 U.S. Department of Justice United States Marshals Service Service Agreement Schedule IGA No. 80-99-0014 Page 2 of 3 The Local Government agrees to augment such practices as maybe requested by the USM to enhance speci?c requirements for security, prisoner monitoring, visitation, and contraband control. 4. The Local Government will continue to be liable for the actions of its employees while they are tansporting'federal prisoners onbehalf of the USMS. Further, the Local Government will also continue to provide wo?tets? compensation to its employees while they are providing this service. It is ?irther 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. 5. Furthermore, the Local Government agrees to hold harmless and indemnify the USMS and its of?cials in their of?cial and individual capacities ?'om any liability, including third- patty liability workers' compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 6. The Federal Gorermnent agrees to reimburse the Local Government at the rate of $14.12 per hour. Mileage shall be reimbursed in accordance with the nun-ant GSA mileage rate MARCH 2015 ICE 2012030300029423 US. Department of Justice United States Marshals Service Modi?cation of Intergovernmental Agreement I. MODIFICATION NO. a. SERVICES No. 3. EFFECTIVE DATE OF MODIFICATION 156-91 -. 5/1/01 4. ISSUING OFFICE 9 5. GOVERNMENT 6. KM No. US. MARSHALS SERVICE County Detention Center 80-99-0014 PRISONER SERVICES DIVISION 520 Columbus PROGRAMS AND ASSISTANCE BRANCH Waco, TX 76701 7. FACILITY 600ARMY NAVY DRIVE I 660 ARLINGTON, VA 22202-4210 8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAW lo. EXCEPT AS PROVIDED SPECIFI IONS or 'mE DOCUMENT REFERRED 10 IN BUOCK s. The purpose of this gration and Naturalization Service as a federal user agency. On page 5 of IO. following: Immigration and Naturalization Service Skyline Center - Bldg. N. Stemmons Freeway Dallas, TX 75247 (2M) 905-8344 I 1. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT 15 NOT RE UIRED B. IDCAL GOVERNMENT 15 UIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT 2, COPIES TO US. MARSHAL .W A. 60 ENT 321m wl 5 Signature L?li?Ij?' TITLE DATE TITLE DATE Form USMJAIS USMS HQ USE ONLY (Rev. 3/99) Page of Pages MARCH 2015 ICE 201203030.0029424 Civamtcs Texas Inc ultod States Department at Justice oiled States Mushals Service Intergovernmental Service Agreement Housing of Federal Prisoners 1 2547728686 ?Jul. 13 1999 ot 1? I mm man 2. meow: one mounsmomuncummeouesr no. a. mm. no. 80-99-0014 10 I 12 98 332-98 s. Issumo omce a. oovmum amn- FACILITY OODBIS) Pg 3 um sures MARSHALS saunas NAME AND Mclennon County Detention Center mom omnons DIVISION ADDRESS 520 Commbus 10A SECTION (Stmt. city. 600 ARMY NAVY quvs county. Sm: TX 76701 ARLINGTON. VA 22202-4210 and ZIP code 1. urnonwno? mm 15x1020 0mm? Pm" Jim Lewis, County Judge Area Code 8; Telephone NO. 7 (817) 757-5049 QUANTITY unn- uurr PRICE AMOUNT This agreement is for the housing. ESTIMATED safekeeping and subsistence ot USMS ESTIMATED federal prisoners In accordance PRISONER PER ANNUAL with the contents set forth herein. EAIE mm 30.300 PDs $41.95 $3,368,585.00 ?The Intergovernmental Agteement Number 80-98-0049 ts canceled and the new numbet Is as stated In Black NO. u. u. we AND TITLE. or ransom AUI'I-Ionlzso TD 51014 am To the be! of my knowledge and belief. data pm submitted In upper! of this agreement is true (Signature) AGENCY and correct. the document has been duly au- Ihon'ud by the governing body of the Depart- New! (Tm or Print) meal or Agency and the Department or Agency mu with ALL PROVISIONS 531' FORTH HEREIN. ?mm? Home or Print) Title HoldOver Dome IS. TYPE OF USE Regular Support. C1 Seasonal Suppo? UNSENTENCED Adult Male Adult Female Juvenile Male LEVEL OF USE JuVenlie Female l7. PRISONER TYPE TO BE INCLUDED [3 Adult Md: Adult Female [3 Juvenile Male Jchnile Female 19. m: Negotiated is Hereby Applet? atd THE UNITED STATES OF AMERICA DIRECTION OF THE DIRECTOR OF THE UNITED STATES MARSHALS SERVXCE MARCH 2015 ICE 2012030300029425 [3 Minimum 0 :1 Work Release [3 Cl YCA Male BY YCA Fannie Major (mom was or com acrma OFFICER) ANNUAL Ego: 21. NAME or AUTHORIZING 22. one Slam UNSENTENCED [sung TOTAL (Tm 0' Mm) a Prim" ?15an pm 80,300 DEC - 8 1998 Quad Hours Don Baesford PRIOR EDITIONS ARE OBSOLETE AND ARE NOT To BE USED (Rev. 3/961 FROM CtviEer-rics Texas Inc PHONE NU. 1 254 772 e535 .MJui. 13 1999 P3 1.1.5. Department of Justice (. E. State: Marshals Service .. IGA NO. Page No. lntergmemmenlat Service Agreement bcheduic 30-99-0014 2 of I - PO VI The purpose of this intergovernmental Service Agreement USA) is to establish a formal binding relationship between the United States Marshals Service (USMS) and other federal user agencies [the Federal Government) and McLennan County (the Local Government) for the detention of persons charged with or convicted of violations of federal law or held as material witnesses {federal prisoners) at the McLennon County Detention Center (the facility). The Local Government agrees to accept and provide for the seCUre custody. care and safekeeping of federal prisoners in accordance with state and local laws. standards. policies. procedures. or court orders applicable to the operations of the facility. The USMS considers all federal prisoners medium/maximum security?type prisoners that are housed within the con?nes of the facility, at a level appropriate for prisoners considered a risk of flight. a danger to the community. or wanted by other jurisdictions. ND NG CT- Neither this agreement nor any interest therein may be assigned or transferred to any other party without prior written approval by the USMS. 2. None of the principal activities of the project-supported effort shall be contracted out to another organization without prior approval by the USMS. Where the intention to award contracts is made known at the time of application. the approval may be considered granted if these activities are funded as proposed. 3. All contracts or assignments must be formalized in a written contract or other written agreement between the parties involved. 4. The contract or agreement must. at a minimum. state the activities to be performed. the time schedule. the project policies. and the flow-through requirements that are applicable to the contractor or other recipient. other policies and procedures to be followed. the dollar limitation of the agreement. and the cost principles to be used in determining allowable costs. The contract or other written agreement must not affect the recipient's overall responsibility for the duration of the project and accountability to the government. MARCH 2015 ICE 2012030300029426 Farm USM-ZMB (Rev. FROM 2 Ctthentos Texas Inc m. 3 1 254 772 8686 mJul. 13 1999 P4 LLS. Departmental Justice I Stare: Marshals Service . Intergovernmental Service Agreement Schedule 4 3:131 i. The Local Government agrees to provide federal prisoners with the same level of medical care and services provided to local prisoners. including the transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the Federal Government. In the event the Local Government has a contract with a medical facility/physician or receives discounted rates. the federal prisoners shall be charged the same rate as local prisoners. 2. The Local Government agrees to notify the United States Marshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization for removal for all other medical services required. 3. When a federal prisoner is being transferred via the USMS airlift. he/she will be provided with three (3) to seven (7) days of prescription medication which will be dispensed from the detention facility. When possible. generic medications should be :scribed. 4. Medical records must travel with the federal prisoner. if the records are maintained at a medical contractor's facility, it is the detention facility's responsibility to obtain them . before a federal prisoner is moved. 5. Federal prisoners will not be charged and are not required to pay their own medical expenses. These expenses will be paid by the Federal Government. 6. The Local Government agrees to notify the USM as soon as possible when a federal prisoner is involved in an escape. attempted escape, or conspiracy to escape from the facility. V- i. The Local Government agrees to accept as federal prisoners those persons committed by federal law enforcement officers for violations of federal laws only upon presentation by the officer of proper law enforcement credentials. 2. The Local Government agrees to release federal prisoners only to law enforcement officers of agencies initially committing the prisoner DEA, etc.) or to a Deputy 3M. Those prisoners who are remanded to custody by a USM may only be released to a JSM or an agent speci?ed by the USM of the Judicial District. ZUTU IUEZU 123333373329427 Form USM-2418 (RC0. 2192)' FROM Texas Inc A PHCNE ND. 1 254 772 8688 ?Jul. 13 1999 P5 0.3. Depenmeni or Justice t' Starts Marshals Service A No. Page No. Intergovernmental Service Agreement Schedule 80-99-00l4 4-1?10- 3. The Federal Government agrees to maintain federal prisoner population levels at or below the level established by the facility administrator. 4. Federal prisoners may not be released from the facility or placed in the custody of state or local officials for any reason except for medical emergency situations. Federal prisoners sought for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detainers and then only with the - concurrence of the District USM. This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house prisoners. the Local Government may suspend or restrict the use of the facility by giVing written notice to the USM. Such notice will be provided thirty (30) in advance of the effective date of formal termination and at least two (2) weeks in advance of a suspension or restriction of use unless an emergency situation requires the 'nediate reiocation of prisoners. WW . 1. Per diem rates shall be established on the basis of actual and allowable costs associated with the operation of the facility during a recent annual accounting period. 2. The Federal Government shall reimburse the Local Government at the per diem rate identified on page one (1) of this agreement. The rate may be renegotiated not more than once per year. after the agreement has been in effect for twelve (l2) months. 3. The rate covers one (1) person per "prisoner day?. The Federal Government may not be billed for two days when a prisoner is admitted one evening and removed the following morning. The Local Government may bill for the day of arrivaldeparture. 4. When a rate increase is desired. the Local Government shall submit a written request to the USM at least sixty [60) days prior to the desired effective date of the rate adjustment. All such requests must contain a completed Cost Sheet for Detention Services (USM-243) which can be obtained from the USM. The Local Government agrees to provide additional cost information to support the requested rate increase and to hermit an audit of accounting records upon request of the USMS. Form (Rev. 2192) MARCH 2015 ICE 2012030300029428 FROM ClviGa'llcs Texas Inc A PI-DIE N0. 2 1 254 772 8686 13 1999 831283" P6 U.S. Department of Justin E. A Srares Marshals Service I . No. Intergovernmental Sen'rae Agreement Schedule lg&9u&)l4 g? of_& 5. Criteria used to evaluate the increase or decrease in the per diem rate shall bethose speci?ed in the Of?ce of Management and Budget (OMB) Circular A-87, Cost for State. Local. and Indian Tribal Governments. 6. The effective date of the rate modi?cation will be negotiated and speci?ed on the IGA Modi?cation form approved and signed by a USMS Contract Specialist. The effective date will be established on the first day of the month for accounting purposes. Payments at the modi?ed rate will be paid upon the return of the signed modification by the authorized Local Government of?cial to the USM. WW 1. The Local Government shall prepare and submit original and separate invoices each month to the federal agencies listed below for certi?cation and payment. U. S. MARSHALS SERVICE WESTERN DISTRICT OF TEXAS ?5 U.S. COURTHOUSE J5 EAST DURANGO BOULEVARD SAN ANTONIO. TX 78206 .J (210) 472-6540 - 2 To constitute a proper invoice. the name and address of the facility. the name of each federal prisoner. their Speci?c dates of con?nement. the total days to be reimbursed. 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. The name. title, complete address. and phone number of the local of?cial responsible for invoice preparation should also be listed on the invoice. 3. The Prompt Payment Act, Public Law 97-l 77 (96 stat. 85. 31 USC 180] is applicable to payments under this agreement and requires the payment to the Local Government of interest an overdue payments. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Of?ce of Management and Budget Circular A-l25. 4. Payment under this agreement Will be due on the thirtieth (30th) calendar day after receipt of a proper invoice. in the of?ce designated to receive the invoice. If the due date falls on a nonworking day Saturday. federal holiday). then the due date will be he next working day. The date of the check issued in payment shall be considered to be .e date payment is made. NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR PAYMENT. Form USM-NIB (Rev, 2/92) FROM Cithent as Texas Inc PHONE ND. 1 254 772 9696 Jul. 13 1999 P7 Department. 'of Justice I Stare: Marshals Service IGA No. Pay: No. Intergovernmental Service Agreement Schedule 30.99.0014 5 of - RESPONSIBILITIL All recipients receiving direct awards from the USMS are responsible for the management and ?scal control of all funds. Responsibilities include the accounting of receipts and expenditures, cash management. the maintaining of adequate financial records. and the refunding of expenditures disallowed by audits. El- l. The recipient shall be required to establish and maintain accounting systems and ?nancial records that accurately account for the funds awarded. These records shall include both federal funds and all matching funds of state. local. and private organizations. State and local recipients shall expend and account for funds in accordance with state laws and procedures for eXpending and accounting for its own funds. as well as meet the ?nancial management standards in 28 Code of Federal Regulations (CFR). Part 66. and current revisions of OMB Circular A-87. Recipients are responsible for complying with OMB Circular A-87 and 28 CFR. Part 66. and the allowability of the costs covered therein (submission of Form USM-243). To avoid possible subsequent disallowance or dispute based on unreasonableness or ?t unallowability under the speci?c cost principles. recipients must obtain prior approval on the treatment of special or unusual costs. 3. Changes in IGA facilities: The USMS shall be noti?ed by the recipient of- any signi?cant change in the facility, including significant variations in inmate populations. which causes a signi?cant change in the level of services under this IGA. The notification shall be supported with suf?cient cost data to permit the USMS to equitably adjust the per diem rates included in the Depending on the size of the facility for purposes of assessing changes in the population. a 10% increase or decrease in the prison population shall be a "significant increase or decrease" for purposes of this subsection. - Al ND CESO T. In accordance with 28 CFR. Part 66. all financial records, supporting documents. statistical records. and other records pertinent to contracts or sub-awards awarded under this shall be retained by each organization participating in the program for at least three (3) years for purposes of federal examination and audit. The 3-year retention period set forth in paragraph one {it above, begins at the end of the ?rst year of completion of service under the IGA. If any litigation. claim. negotiation. audit. Or other action involving the records has been started before the expiration of the I and: IQ: LU Form (Rev. 2?92) FROM CiviGentcs Texas Inc 1 254 772 8686 mJul. 13 1999 631363" P1 0.8. of Justice 4 State: Marshals Senior: A . . Intergovernmental Agreement Schedule 58-99%? a 3-year period. the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular 3-year period. whichever is later. 3. Access to Records: The USMS and the Comptroller General of the United States. or any of their authorized representatives. shall have the right of access to any pertinent books. documents. papers, or other records of recipients or its sub-recipients/contractors, 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. 4. Delinquent Debt Collection: The USMS will hold recipient accountable for any overpayment. audit disallowance. or any breach of this agreement that results in a debt owed to the Federal Government. The USMS may apply interest. penalties. and administrative costs to a delinquent debt owed by a debtor pursuant to the Federal Claims Collection Standards. - - i. it is the intention of the USMS to furnish excess federal prOperty to local governments for the specific purpose of improving jail conditions and services. Accountable excess . property. such as furniture and equipment. remains titled to the USMS and shall be returned to the custody of the USMS upon termination of the agreement. 2. The Local Government agrees to inventory. maintain. repair. assume liability for. and manage all federally provided accountable property as well as controlled excess property. Such property cannot be removed from the jail without the prior written approval of USMS Headquarters. The loss or destruction of any such excess property shall be immediately reported to the USM and USMS Headquarters. Accountable and controlled excess property includes any property with a unit acquisition value of $1.000 or more. all furniture. as well as equipment used for security and control. communication. photography, food service. medical care, inmate recreation. etc. 3. The suspension of use or restriction of bedSpace made available to the USMS are agreed to be grounds for the recall and return of any or all government furnished property. 4. The dollar value of property provided each year will not exceed the annual dollar r- 'vment made by the USMS for prisoner support unless a specific exemption is granted the Chief. Prisoner Services Division. USMS Headquarters. MARCH 201?5 ICE Fun? (Rev. FROM 3 1 254 772 8686 Jul. 13 1999 P2 CiviGentcs Texas In: ND. U.S. Department of Justice Slam Marsha}: Service Intergovernmental Service Agreement Schedule 58-69%? 5. It is understood and agreed that the Local Government shall fully defend. indemnify. and hold harmless the United States of America. its officers. employees. agents. and servants. individually and of?cially. for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use. Operation. or handling of any property (to include any vehicle. equipment, and SUpplies} furnished to the Local Government in which legal ownership is retained by the United States of America. and to pay all claims. damages. judgments. legal costs. adjuster tees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance. storage, and other expenses related to the care and responsibility for all property furnished to the Local Government. - I i. Ether party may initiate a request for modi?cation to this agreement in writing. All modi?cations negotiated will be written and approved by a USMS Contracting Of?cer and submitted to the Local Government on form USM 241 a for approval. Disputes. questions. or concerns pertaining to this agreement will be resolved tween the USM and the appropriate Local Government official. Space guarantee questions along with any other unresolved issues are to be directed to the Chief. Prisoner - Services Division. I - The Local Government agrees to allow periodic inspections of the facility by USMS Inspectors. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations. conditions of confinement. and levels of services. The mandatory minimum conditions of con?nement which are to be met during the entire period of the agreement are: i. Adequate. trained jail staff will be provided 24 hours a day to supervise prisoners. Prisoners will be counted at least once on every shift. but at least twice in every 24-hour period. One of the counts must be visual to validate prisoner occupancy. 2. Jail staf?ng will provide full coverage of all security posts and full surveillance of inmates. 3. Jail will provide for three meals per day for prisoners. The meals must meet the ?tionally recommended dietary allowances published by the National Academy of ences 4. Jail will provide 24?hour emergency medical care for prisoners. MARCH 2015 ICE 2012030300029432 Form USM-2413 (Rcv_ 2I92) FROM 2 CtviGenics Texas inc A PHONE ND. 1 1 254 772 8686 ?Jui. 13 1999 B3231PM P3 US. Department of Justice United Stare: Marshals Ser'vice I A Intergovele Service Agreement Schedule 1883996314 my IQ 5. Jail will maintain an automatic smoke and ?re detection and alarm system. and maintain written policies and procedures regarding fire and other safety emergency standards. 6. Jail will maintain a water supply and waste disposal program that is certi?ed to be in compliance with applicable laws and regulations. Personnel and other of?cials connected with the agreement shall adhere to the requirements given below: 1. Advice. No of?cial or employee of the recipient. a sub-recipient. or a contractor shall participate personally through decisions. approval. disapproval, recommendation, the rendering of advice. investigation. or otherwise in any proceeding. app?catlon, request for a ruling or other determination, contract. grant. cooperative agreement. claim. . controversy, or other particular matter in which Department of Justice funds are used. ere to his/her knowledge, he/she or his/her immediate family. partners. organization er than a public agency in which he/she is serving as an of?cer, director. trustee. partner. or employee. or any person or organization with whom he/she is negotiating or has any arrangement concerning prospective employment. has a ?nancial interest, or . less than an arms-length transaction. 2. Appearance. In the use of Department of Justice project funds. officials or employees of the recipient. a sub-recipient or a contractor. shalt avoid any action which might result in, or create the appearance of: a. Using his or her of?cial position for private gain; b. Giving preferential treatment to any person; c. Losing complete independence or impartiality: d. Making an official decision outside of?cial channels: or e. Affecting adversely the con?dence of the public in the integrity of the government or the program. - i. The Local Government agrees upon request of the USM in whose custody a prisoner is J. to provide transportation and escort guard services for federal prisoners housed at 'focility to and from the US. Courthouse. The Local Government agrees to the following: MARCH 2015 ICE 2012030300029433 Form USM-ZQIB (RCV. 2/92) FROM CtviGenics Texas Inc PHCNE NU. 1 254 772 8686 Jul 13 1999 P1 U.S. Department. of 'rarcs Marshal: Service Vi IGA No. 80-994!? 4 Page No intergovernmental Service Agreement Schedule gj?_1_Q_ 0. Trans ortation and escort guard services will be performed i qualified of?cers employed by the Local Government un er err po lCieS. 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: b. Upon arrival at the courthouse. transportation and escort guards will turn federal prisoners over to Deputy U.S. Marshals only upon presentation by the deputy of proper law enforcement credentials: c. The Local Government wilan transport federal prisoners to any U.S. Courthouse without a specific request from the USM who will provide the prisoner?s name. the U.S. Courthouse. and the date prisoner is to be transported. 2. 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 officer personnel employed by the Local Government Under their policies. procedures. and practices. The Local Government agrees to augment such practices as may be requested by the USM to enhance specific requirements for security. prisoner monitoring. visitation. and contraband control. 4. The Local Government will continue to be liable for the actions of its employees while they are transporting federal prisoners on behalf of the USMS. Further, the Local Government will also continue to provide workers? compensation to its employees while they are providing this service. it is further agreed that the local jail employees will continue to act on behalf of the Local Government in providing transportation to federal prisoners on behalf of the USMS. 5. Furthermore. the Local Government agrees to hold harmless and indemnify the USMS and its officials in their of?cial 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. Form (Rev. 2/92) MARCH 2015 ICE 2012030300029434 U. S. Department of Justice United States Marshals Service Modification of Intergovernmental Agreement 2. Effective Date See Block 138. 1. Agreement No. 80- 10-0033 654 3. Facility Code(s) 5. DUNS No. 021-619-085 4. Modi?cation No. Four (4) 6. Issuing Federal Agency United States Marshals Service Prisoner Operations Division Of?ce of Contracts and Agreements 2604 Jefferson Davis Hwy. Alexandria, Virginia 22301 7. Local Government McLennan County Jack Harwell County Detention Facility 3101 East Marlin Hwy Waco, Texas 76705 9. Per-Diem Rate $69.00 8. Appropriation Data 15x1020 10. Guard/Transportation Hourly Rate $23.90 11. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation is to add Justice Prisoner Alien Transportation System (JPATS) to this Intergovernmental Agreement (IGA) located in the Western District of Texas. NO OTHER TERMS OR CONDITIONS, TO INCLUDE PRICE, ARE AFFECTED BY THIS CHANGE 12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICTION: A. El LOCAL GOVERNMENT IS NOT REQUIRED TO SIGN THIS DOCUMENT B. LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ALL COPIES TO U. S. MARSHAL 13. APPROVALS A. LOC K, Seon'm. Feumi Signature B. LG VER ENT Ly I (Sign rm. mans: many am (I?ll-N APR 23 2014 TITLE DATE TITLE DATE Page __1_of MARCH 2015 ICE 201203030.0029435 U.S. Department of Justice Detention Services United States Marshals Service Intergovernmental Agreement Prisoner erations Division 2. Effective Date 1. Agreement Number 3. Facility Code(s) 4. DUNS Number 80-10-0033 April 1, 2014 654 021-519-085 S. issuing Federal Agency 6. Local Government McLennan County/Jack Harwell Detention Center United States Marshals Service 3101 Easy Marlin Hwy Prisoner Operations Division Waco, Texas 76705 2604 Jefferson Davis Highway Alexandria, VA 22301-1025 Tax 7. Appropriation Data 8. Local Contact Person James Duke, Warden 9. Telephone: (254) 759-5901 Fax: Email Services i? 3-: Z-r'iixi: ?Federal; irks? . - . .-: 21:: 173'. fi?i.? 1. . 10. This agreement is for the housing, safekeeping, 11. 12. and subsistence of Federal detainees, In accordance with content set forth herein. Male:624 Female: 192 $69.00 Total:816 13a. Optional Guard/Transportation Services to: 14. IE Medical Facility 8 Other _Jail to Jail_ Guard/1? ranspOrtatlon Hourly Rate: $23.90 05- C?urth?use Mileage shall be reimbursed by the Federal Government at the General Services Administration (GSA) Federal Travel JPATS Regulation Mileage Rate. 13b. 8 Department of Labor Wage Determination 15. Local Government Certi?cation 16. SI nature of Perfyuthorized to Sign (Local) 414? 3771 .6 To the best of my knowledge and belief, Information 5.9 nature submitted In support of this agreement is true and correct. This document has been duly authorized by Scott Futon the governing authorities of their applying Department or Agency State or County Government Pm"; Nam: and therefore agree to comply with all provisions set forth herein this document. ?aim? Jadge $35 ?1 17.Federal Detainee 18. Other Authorized 19. Si re of Person uthorlzed to Sign (Federal) Type Authorized Agency User Adult Male ii "at re I BOP a Adult Female Mary Horsey ICE Print Name Juvenile Male 8 2 3 2014 SM Juvenile Female ngant spec'aust Date Page 1 of 14 MARCH 2015 ICE 201203030.0029436 Agreement Number 80-10-0033 Purpose of Agreement and Security Provided 3 Period of Performance and Termination 3 Assignment and Outsourcing of Jail 4 Affordable Care Receiving and Discharge of Federal Optional Guard/Transportation Services to Medical Optional Guard/Transportation Services to US. Optional Guard/Transportation Services to Justice Prisoner Alien Transportation System Special Notifications .. Special Management Inmates and Suicide Prison Rape Elimination Act Service ContractAct Pen-Diem .. Billing and Financial Provisions 10 Payment 11 Hold 11 12 Inspection of 12 12 Litigation 12 Rape Elimination Act Reporting Information 13 I I I I Page 2 of 14 Local Government (initial): Federal Government (initial) MARCH 2015 ICE 2012030300029437 Agreement Number 80-10-0033 Authority Pursuant to the authority of Section 119 of the Department of Justice Appropriations Act 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 McLennan County, State or County Government (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 the United States Marshals Service (USMS) or other authorized agency user as noted in block #18 on page (1) to house Federal detainees with the Local Government at the Jack Harwell Detention Center, 3101 East Marlin Hwy, Waco, Texas T6705 (hereinafter referred to as ?the Facility?) designated in #6 page 1. The population(hereinafter referred to as ?Federal detainees,?) will include individuals charged with Federal offenses and detained while awaiting trial, individuals who have been? sentenced and are awaiting designation and transport to a Bureau of Prisons (BOP) facility, and individuals who are awaiting 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 all state and local laws, standards, regulations, policles and court orders applicable to the operation of the Facility. Detainees shall also be housed in a manner that Is consistent with Federal law and the Core Detention Standards and/or any other standards required by an authorized agency whose detainees are housed by the Local Government pursuant to this Agreement (see attached). The USMS ensures the secure custody, care, and safekeeping of USMS detainees. Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted orin within secure areas of the building or within the secure external recreational/exercise areas. At all times, the Federal Government shall have access to the Facility and to the Federal detainees housed there, and to all records pertaining to this Agreement, including ?nancial records, for a period going back three (3) years from the date of request by the Federal Government. Period of Performance and Termination This Agreement is effective upon the date of signature of the authorized USMS Prisoner Operations Division of?cial, and remains in effect unless inactivated in writing by either party. Either party may terminate this Agreement for any reason with written notice at Page 3 of 14 Local Government think?)! Federal Government (initial MARCH 2015 ICE 2012030300029438 Agreement Number 80-10-0033 least thirty (30) calendar days in advance of termination, unless an emergency situation requires the immediate relocation of Federal detainees. Where the Local Government has received a Cooperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Assignment and Outsourcing of Jail Operations The overall management and operation of the Facility housing Federal detainees may not be contracted out without the prior eXpress written consent of the Federal Government. Medical Services The Local Government shall provide Federal detainees with the same level and range of care inside the Facility as that provided to state and local detainees. The Local Government is financially responsible for all medical care provided inside the Facility to Federal detainees. This includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies, over-the~counter medications and, any prescription medications routinely stocked by the Facility which are provided to Federal detainees. When possible, generic medications should be prescribed. The cost of all of the above?referenced medical care is covered by the Federal per diem rate. However, for specialized medical services not routinely provided within the Facility, such as dialysis, the Federal Government will pay for the cost of that service. The Federal Government is financially responsible for all medical care provided outside the Facility to Federal detainees. The Federal Government must be billed directly by outside medical care providers pursuant to arrangements made by the Local Government for outside medical care. The Local Government should utilize outside medical care providers that are covered by the National Managed Care Contract (NMCC) to reduce the costs and administrative workload associated with these medical services. The Local Government can obtain information about NMCC covered providers from the local USMS District Of?ce. The Federal Government will be billed directly by the medical care provider not the Local Government. To ensure that Medicare rates are properly applied, medical claims for Federal detainees must be on Centers for Medicare and Medicaid (CMS) Forms so that they can be re~priced to Medicare rates in accordance with the provisions of Title 18 U.S.C. Section 4006. If the Local Government receives any bills for medical care provided to Federal detainees outside the Facility, the Local Government should immediately forward those bills to the Federal Government for processing. All outside medical care provided to Federal detainees must be pie-approved by the Federal Government except in a medical emergency. In the event of an emergency, the Local Government shall proceed immediately with necessary medical treatment. In such Page 4 of 14 Locai Government (initiain' .5 Federal Government MARCH 2015 ICE 2012030300029439 Agreement Number 80-10?0033 an event, the Local Government shall notify the Federal Government immediately regarding the nature of the Federal detainee's illness or injury as well as the types of treatment provided. Medical care for Federal detainees shall be provided by the Local Government In accordance with the provisions of USMS, Publication loo-Prisoner Health Care Standards and in compliance with the Core Detention Standards or those standards which may be required by any other authorized agency user. The Local Government is responsible for all associated medical record keeping. The Facility shall have in place an adequate infectious disease control program which Includes testing of all Federai detainees for Tuberculosis (TB) within 14 days of intake. TB testing shall be accomplished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result documented in the Federal detainee?s medical record. Special requests for expedited TB testing and clearance (to include time sensitive moves) will be accomplished through advance coordination by the Federal Government and Local Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active TB or any other highly communicable diseases such as Severe Acute Respiratory (SARS), Avian Flu, Staphylococcus Aureus (MRSA), Chicken Pox, etc., which might affect scheduled transports or productions so that protective measures can be taken by the Federal Government. When a Federal detainee is being transferred and/or released from the Facility, they will be provided with seven (7) days of prescription medication which will be dispensed from the Facility. Medical records and the 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 medical co-payment by the Local Government in accordance with the provisions of Title 18, USC Section 4013(d). The Federal Government Is not responsible for medical co?payments and cannot be billed for these costs even for indigent Federal detainees. Affordable Care Act The Local Government shall provide Federal detainees, upon release of custody; information regarding the Affordable Care Act. The Affordable Care Act website is located at Page 5 of 1.4 MARCH 2015 ICE 2012030300029440 Agreement Number 80-10-0033 Receiving and Discharge of Federal Detainees The Local Government agrees to accept Federal detainees only upon presentation by a law enforcement officer of the Federal Government or a USMS designee 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. Additional facilities within the same Agreement shall be identi?ed in a modi?cation. The Local Government agrees to release Federal detainees only to law enforcement officers of the authorized Federal Government agency initially committing the Federal detainee Drug Enforcement Administration (DEA), Immigration and Customs Enforcement (ICE), etc.) or to a Deputy United States Marshal (DUSM) or USMS designee with preper agency credentials. 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 Habeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the jurisdictional United States Marshal (USM). Optional Guard/Transportation Services to Medical Facility If Medical Facility ln block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of Its personnel, to provide transportation and escort guard services for Federal detainees housed at the Facility to and from a medical facility for outpatient care, and transportation and stationary guard services for Federal detainees admitted to a medical facility. These services should be performed Wm quali?ed law enforcement or correctional of?cer personnel. Critera as spec a County Entity running the facility. In all cases these are part of a fulitlme Law Enforcement Officer (LEO) or Correctional Of?cer (CD) that have met the minimum training requirements. The Local Government agrees to augment this security escort if requested by the USM to enhance speci?c requirement for secunty, prisoner monitoring, visitation, and contraband control. If an hourly rate for these services have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement. After thirty-six (36) months, if a rate adjustment ls desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Page 6 of 14 . Local Government (initial); Federal Government (Initially MARCH 2015 ICE 2012030300029441 Agreement Number 80-10-0033 Optional Guard/Transportation Services to U.S. Courthouse If U.S. Courthouse in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal detainees housed at its facility to and from the U.S. Courthouse. These services should be performed by qualified law enforcement or correctional officer personnel. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Government?s transportation and escort guard will turn Federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport Federal detainees to any U.S. Courthouse without a specific request from the USM or their designee who will provide the detainee?s name, the U.S. Courthouse, and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation unless otherwise authorized by the USMS. If an hourly rate for these services have been agreed upon to reimburse the Local Government, it will be stipulated in block #14 on page one (1) of this Agreement. After thirty-six (36) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Optional Guard/Transportation Services to Justice Prisoner Allen Transportation System (WATS) If JPATS in block #13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for Federal detainees housed at its facility to and from the JPATS. These services should be performed by quali?ed law enforcement or correctional of?cer personnel. The Local Government agrees to augment this security escort if requested by the USM to enhance speci?c requirements for security, detainee monitoring, and contraband control. Page 7 of 14 Local Government (initial); Federal Government (initial): MARCH 2015 ICE 2012030300029442 Agreement Number 80-10-0033 Upon arrival a_t JPATS, the Local Government's transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport federal detainees to the airlift without a speci?c request from the USM who will provide the detainee?s name, location (district), and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation. If an hourly rate for these services has been agreed upon to reimburse the Local Government, it will be stipulated on in block #14 on page one (1) of this Agreement. After thirty-six (36) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance With the current GSA mileage rate. Special Notifications 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 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 or a medical emergency of a Federal detainee, the Local Government shall immediately notify the Federal Government. Special Management Inmates and Suicide Prevention The Local Government shall have written policy, procedure, and practice require that all special management inmates are personally observed by a correctional officer twice per hour, but no more than 40 minutes apart, on an irregular schedule. Inmates who are violent or mentally disordered or who demonstrate unusual or bizarre behavior receive more frequent observation; suicidal inmates are under constant observation. Page 8 of 14 Local Government (initial): Federal Government (initial): MARCH 2015 ICE 2012030300029443 Agreement Number 80-10-0033 The Local Government shall have a comprehensive suicide-prevention program in place incorporating all aspects of identi?cation, assessment, evaluation, treatment, preventive intervention, and annual training of all medical, mental health, and correctional staff. Prison Rape Elimination Act (PREA) The Facility must post the Prison Rape Elimination Act brochure/bulletin in each housing unit of the Facility. The Facility must abide by all relevant PREA regulations. Service Contract Act This Agreement incorporates the following clause by reference, with the same force and effect as if It 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 Federai Hires (May 1989) 52.222-43 Fair Labor Standards Act and the Service Contract Act - Price Adjustment (Multlyear and Option Contracts) (May 1989) The current Local Government wage rates shall be the prevailing wages unless notified by the Federal Government. If the Department of Labor Wage Determination block #13b on page one (1) of this Agreement Is checked, the Local Government agrees, in accordance with FAR PART 52.222.43 must notify the Federal Government of any increase or decrease in applicable wages and fringe benefits claimed under this clause within 30 days after receiving a new wage determination. 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-diam rate with the independent Federal Government estimate for detention services, otherwise known as the Core Rate; Page 9 0f14 Locai Government (initial): Federal Government (initial): . MARCH 2015 ICE 2012030300029444 Agreement Number 80-10-0033 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~?xed per?diam rate for services is stipulated in block #12 on page (1) of this agreement, and shall not be subject to adjustment on the basis of McLennan County's actual cost experience in providing the service. The per-diam rate shall be ?xed for a period from the effective date of this Agreement forward for thirty-six (36) months. The per-dlem 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 thirty-six (36) months, if a per-diam rate adjustment is desired, the Local Government shall submit a request through the Office of the Federal Detention Trustee's (OFDT) electronic Intergovernmental Agreements area of the Detention Services Network (DSNetwork). All information pertaining to the Facility on the DSNetwork will be required before a new per-diam rate will be considered. Billing and Financial Provisions The Local Government shall prepare and submit for certification and payment, original and separate invoices each month to each Federal Government component responsible for Federal detainees housed at the Facility. Addresses for the components are: United States Marshals Service Western District of Texas 655 East Cesar E. Chavez Blvd. 235 John H. Wood, Jr. United States Courthouse San Antonio, Texas 78206 (210)472-6540 United States Marshals Service Southern District of Texas Bob Casey Federal Courthouse 515 Rusk Avenue, Suite 10002 Houston, Texas 77002 Page 10 of 14 Local Government Federal Government (initial): MARCH 2015 ICE 2012030300029445 Agreement Number 80-10?0033 Bureau of Prisons 727 E. Durango, Suite 8-138 San Antonio, Texas 78206 (210)472-6225 Immigration and Customs Enforcement 7701 N. Stemmons Freeway Dallas, Texas 75247 (214)905~8344 To constitute a proper lnvolce, the name and address of the Facility, the name of each Federal detainee, their speci?c dates of confinement, the total days to be paid, the appropriate per dlem rate as approved in the Agreement, and the total amount billed (total days multiplied by the per-diam 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. Additional services provided, such as transportation and guard services, shall be listed separately and itemized. 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-Deficiency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government at the address listed in block #6 on page one (1) of this Agreement, on a basis, after receipt of an appropriate invoice. Hold Harmless It is understood and agreed that the Local Government shall fully defend, lndemnify, and hold harmless the United States of America, its officers, employees, agents, and servants, Individually and officially, for any and all liability caused by any act of any member of the Local Government or anyone else arising out of the use, operation, or handling 'of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownership is retained by the United States of America, and to pay all claims, damages, judgments, legal costs, adjuster fees, and attorney fees related thereto. The Local Government will be solely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the Local Government. Page 11 of 14 Locai Government Federal Government (initial): MARCH 2015 ICE 2012030300029446 Agreement Number 80~10-0033 Disputes DISputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party. Both the parties agree that they will use their best efforts to resolve the dispute in an informal fashion through consultation and communication, or other forms of alternative dispute resolution mutually acceptable to the parties. Inspection of Services Inspection standards for detainees may differ among authorized agency users. The Local Government agrees to allow periodic inspections by Federal Government inspectors, to include approved Federal contractors, in accordance with the Core Detention Standards required by any or all of the Federal authorized agency users whose detainees may be housed pursuant to this Agreement Findings of the inspections will be shared with the Facility administrator in order to promote improvements to Facility operations, conditions of confinement, and levels of services. Modifications For all modi?cations except for full or partial terminations, either party may initiate a request for modi?cation to this Agreement in writing. All modifications negotiated will be effective only upon written approval of both parties. Litigation The Federal Government shall be notified, in writing, of all litigation pertaining to this Agreement and provided copies of any pleadings filed or said litigation within five (5) 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 12 of 14 Local Government (initial): -: . Federal Government (initial). I MARCH 2015 ICE 2012030300029447 Agreement Number 80-10-0033 Rape Elimination Act: Reporting Information get, ESS This document is requested to be posted in each Housing Unit Bulletin Board at all Contract Detention Facilities. This document may be used and adapted by Intergovernmental Service Agreement Providers. . While detained by the Department of} ustice, United States Marshals Service, you have a right to be safe and free from sexual harassment and sexual assaults. One or more detainees engaging in or attempting to engage in a sexual act with another detainee or the use of threats, intimidation, inappropriate touching or other actions and/ or communications by one or more detainees aimed at coercing and/ or pressuring another detainee to engage in a sexual act. . Staff-on- i As nl Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching ofa detainec?s genitalia, anus, groin, breasr, inner thigh, or buttocks with the intent to abuse, hundliate, harass, degrade, arouse, or gratify the sexual desires of any person. Sexual abuse}' assault of detainees by staff or other detainees is an use of power and is prohibited by policy and the law. Q. StaffSexual Misaonduct is: Sexual behavior between a staff member and detainee which can include, but is not limited to indecent, profane or abusive language or gestures and inappropriate visual surveillancc of detainees. Prohibited Acts A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged add: the following Prohibited Acts under the Detainee Disciplinary Policy. Using Abusive or Obscene Language Sexual Assault Making a. Sexual Proposal Indecent Exposure Engaging in Sex Act 0 a Detention as a Safe Environment While you are detained. no one has the right to pressure you to engage in sexual acts or engage in unwanted sexual behavior regardless of your age, size, race, or ethnicity. Regardless of your sexual orientation, you have the right to be safe from unwanted sexual advances and acts. Qon?dentiah'gg Information concerning the identity of a detainee vicdtn reporting a sexual assault, and the facts of the report itself, shall be limited to those who have the need to know in order to make decisions concerning the detainee-victim?s welfare and for law enforcement investigative purposes. Re 5 tilts! If you become a victim of a sexual assault, you should report it immediately to any staff person you trusr, to include housing of?cers. chaplains, medical staff, supervisors or Deputy US. Marshals. Staff members keep the reported information con?dential and only discuss it with the appropriate of?cials on a need to know basis. If you are not comfortable reporting the assault to staff, you have other options: Page 13 of 14 Local Government (initial): - Federal Government (Initial): MARCH 2015 ICE 2012030300029448 Agreement Number 80?10-0033 0 Write a letter reporting the sexual misconduct to the person in charge or the United States Marshal. To ensure confidentiality, use special (Legal) mail procedures. 0 File an Emergency Detainee Grievance - If you decide your complaint is too sensitive to ?le with the Of?cer in Charge, you can ?le your Grievance directly with the Field Of?ce Director. You can get the forms from your heusing unit of?cer, or a Facility supervisor. 0 Write to the Of?ce of General (OIG), which investigates allegations of staff misconduct. The address is: Of?ce of Inspector General. 0.5. Department ofjustice, 950 Ave. Room 4706, Washington, DC. 20530 0 Call. at no expense to you, the Office of Inspector General (OIG). The phone number is FWD-8694499. Individuals who sexually abuse or assault detainees can only be disciplined or prosecuted if the abuse is reported. A publication of the Of?ce of the Fedeml Detention Trustee Washington, DC Published February 2008 Page 14 of 14 Federal Government (initial): MARCH 2015 ICE 2012030300029449 Local Government (initial): U. 5. Department oi Justice United States Manhole Service 1. Agreement Number 2. Effective Date Detention Services Intergovernmental Agreement 3. Facility Code(s) 4. DUNS Number 80-10-0033 See Block 19 654 02-161-9085 S. Issuing Federal Agency 6. Local Government United States Marshals Service McLennan County/Jack Harwell Detention Facility Prisoner Operations Division 3101 Marlin Highway Detention Operations Waco, TX 76705 2604 Jefferson Davis Highway Alexandria, VA 22301-1025 Tax I03: 74-6002492 7. Appropriation Data 8. Local Contact Person Jim Lewis, County Judge 15X). 020 9. Tel: (254) 757-5049 Email: lmneJockwoonoomgennambcus Estimated Numberof Pen-Diem Rate . Services Federal Beds 10. This agreement is for the housing, 11. 12. safekeeping, and subsistence of federal prisoners, in accordance with content set 560 $54.25 forth herein. 13. Optional Guard/Transportation Services to: 14. 8 Medical Facility 8 Other 8 u.s. Courthouse Guard/Transportation Hourly Rate: $15.00 Mileage shall be rumoursea by the Federal Govemment at the GSA Federal Travel Regulation Mileage Rate. 15. Local Government Certi?cation To the best of my knowledge and belief, Information submitted In support of this agreement is true and correct, this document has been duly authorized by the body governing the Department or Agency and the Department or Agency will comply with all provisions set forth herein. e. . Agency User and Satan-:9. Type Quihorizerl 16. Signa of Person Authorized to Sign (Local) Lm.\5 Print Name 3 .30 Tl?e It! Mal-z {asap .Tihljfiu Female EICE )a Gomez wrwancae Male Name MAR i 20l0 Grants Specuaiist ?Jeuvunzlc remale Title Date Page 1 of 12 MARCH 2015 ICE 201203030.0029450 Agreement Number 80- 10-0033 .. 3 Purpose of Agreement and Security Provided .. 3 Period of Performance.. 3 Assignment and Outsourcing cf Jail 4 Medical Receiving and Discharge of Federal Detainees 5 Optional Guard/Transportation Services to Medical 6 Optional Guard/Transportation Services to 0.5. 6 Other Guard/Transportation Services 7 Special Noti?cations 7 Prisoner Rape Elimination Act (PREA) .. Service Contract Act 8 Per-Diem Rate .. 8 Billing and Financial Provisions 9 Payment Procedures .. 10 Modi?cations and .. 10 Inspection of Services. 11 Litigation 11 Prisoner Rape Elimination Act Reporting .. 12 (D Page 2 of 12 MARCH 2015 ICE 2012030300029451 Agreement Number 80-10-0033 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 COUNTY (hereinafter referred to as the ?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 the United States Marshals Service (USMS) to house federal detalnees with the Local Government at the JACK HARWELL DETENTION FACILITY (hereinafter referred to as ?the facility"). The population (hereinafter remrred to as ?federal detalnees") will Include individuals charged with federal offenses and detained while awaiting trial, individuals who have been sentenced and are awaiting designation and transport to a Bureau of Prisons (BOP) facility, and individuals who are awaiting 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 all state and local laws, standards, regulations, policies and court orders applicable to the operation of the facility. Detainees shall also be housed in a manner that is consistent with federal law and the Federal Performance-Based Detention Standards. The USMS ensures the secure custody, care, and safekeeping of USMS detainees. Accordingly, all housing or work assignments, and recreation or other activities for USMS detainees are permitted only within secure areas of the building or within the secure external recreational/exercise areas. At all times, the Federal Government shall have access to the facility and to the federal detainees housed there, and to all records pertaining to this Agreement, including ?nancial records, for a period going back three (3) years from the date of request by the Federal Government. 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 one-hundred twenty (120) calendar days notice of their intent to terminate. Where the Local Government has received a COOperative Agreement Program (CAP) award, the termination provisions of the CAP prevail. Page 3 of 12 MARCH 2015 ICE 2012030300029452 Agreement Number 80-10-0033 Assignment and Outsourcing of Jail Operations Overall management and operation of the facility housing federal detainees may not be contracted out without the prior express written consent of the Federal Government. Medical Services The Local Government shall provide federal detainees with the full range of medical care inside the detention facility. The level of care inside the facility should be the same as that provided to state and local detainees. The Local Government is financially responsible for all medical care provided inside the facility to federal detainees. This includes the cost of all medical, dental, and mental health care as well as the cost of medical supplies, over the counter prescriptions and, any prescription medications routinely stocked by the facility which are provided to federal detainees. The cost of all of the above-referenced medical care is covered by the federal per diem rate. However, If dialysis is provided within the facility, the Federal Government will pay for the cost of that service. - The Federal Government is ?nancially responsible for all medical care provided outside the facility to federal detainees. The Federal Government must be billed directly by the medical care provider not the Local Government. In order to ensure that Medicare rates are properly applied, medli claims for federal detainees must be on Centers for Medicare and Medicaid (CMS) Forms In order to be re-priced at Medicare rates in accordance with Title 18, USC Section 4006. The Local Government is required to immediately forward all medical claims for federal detainees to the Federal Government for processing. All outside medical care provided to federal detainees must be pro-approved by the Federal Government. 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 as well as the types of treatment provided. Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication loo-Prisoner Health Care Standards and in compliance with USMS Inspection Guidelines, Form USM-218 Detention Facility Investigative Report. The Local Government is responsible for all associated medical recordkeeping. The facility shall have In place an adequate infectious disease control program which includes testing of all federal detainees for Tuberculosis (TB) as soon as possible after intake (not to exceed 14 days). When Puri?ed Protein Derivative (FPO) skin tests are used, they shall be read between 48 and 72 hours after placement. Page 4 of 12 MARCH 2015 ICE 2012030300029453 Agreement Number 80-10-0033 TB testing shall be accomplished in accordance with the latest Centers for Disease Control (CDC) Guidelines and the result documented in the federal detainee?s medical record. Special requests for expedited TB testing and clearance (to include time-sensitive moves) will be accomplished through advance coordination by the Federal Government and Local Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active T3 or any other highly communicable disease such as Severe Acute Respiratory (SARS), Avian Flu, Methiclliin-Resistant Staphylococcus Aureus (MRSA), Chicken Pox, etc., which might affect scheduled transports or productions so that protective measures can be taken by the Federal Government. When a federal detainee is being transferred and/or released from the facility, they wiil be provided with seven (7) 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 Govemment?s responsibility to obtain them before a federal detainee ls moved. Federal detainees may be charged a medical co-payment by the Local Government in accordance with the provisions of Title 13, USC Section 4013(d). The Federal Government is not responsible for medical co-payments and cannot be billed for these costs even for indigent federal prisoners. Receiving and 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 agenqr 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 Drug Enforcement Administration, Immigration and Customs Enforcement, etc.) or to a Deputy United States Marshal (DUSM). Those federal detainees who ate 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 Habeas Corpus or the Interstate Agreement on Detainers and then only with the concurrence of the district United States Marshal (USM). Page 5 of 12 MARCH 2015 ICE 2012030300029454 Agreement Number 80-10-0033 Optional Guard/Transportation Services to Medical Facility If Medical Facility In block 13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of its personnel, to provide transportation and escort guard services for federal detainees housed at their facility to and from a medical facility for outpatient care, and transportation and stationary guard services for federal detainees admitted to a medical facility. These services should be performed by qualified law enforcement WE or correctional officer personnel. If the vernmen unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local USM. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirement for security, prisoner monitoring, visitation, and contraband control. if an hourly rate for these services has been agreed upon to reimburse the Local Government, it will be stipulated on page one (1) of this Agreement. Alter thirty-six (36) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Optional Guard/Transportation Services to 0.8. Courthouse If U.S. Courthouse in block 13 on page one (1) of this Agreement is checked, the Local Government agrees, subject to the availability of Its personnel, to provide transportation and escort guard services for federal detainees housed at its facility to and from the 0.5. Courthouse. These services should be performed by [859% qualified law enforcement or correctional of?cer personnel. If the ovemmen unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local U.S. Marshal. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. Upon arrival at the courthouse, the Local Government?s transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proner law enforcement credentials. The Local Government will not transport federal detainees to any US. Courthouse without a specific request from the USM who will provide the detainee?s name, the U.S. Courthouse, and die date the detainee is to be transported. Page 6 of 12 MARCH 2015 ICE 2012030300029455 Agreement Number 80-10-0033 Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation. If an hourly rate for these services has been agreed upon to reimburse the Local Government, it will be stipulated on page one (1) of this Agreement. Alter thirty-six (36) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Other Guard/Transportation Services Upon request of the USM, the Local Government agrees, subject to availability of Its personnel, to provide transportation and escort guard services for federal detainees housed at its facility. The Local Government shall provide these transportation services/escort guard services for the district. These services should be performed by qualified law enforcement or correctional officer personnel. If the ca vernment unable to meet this requirement, the Local Government may seek a waiver of this requirement from the local U.S. Marshal. The Local Government agrees to augment this security escort if requested by the USM to enhance specific requirements for security, detainee monitoring, and contraband control. If transporting to an airlift, the Local Govemment?s transportation and escort guards will turn federal detainees over to a DUSM only upon presentation by the deputy of proper law enforcement credentials. The Local Government will not transport federal detainees to the airlift without a specific request from the USM who will provide the detainee?s name, location (district), and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg Irons during transportation. If an hourly rate for these services has been agreed upon to reimburse the Local government, it will be stipulated on page one (1) of this Agreement. After (36) months, if a rate adjustment is desired, the Local Government shall submit a request. 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. Page 7 of 12 MARCH 2015 ICE 2012030300029456 Agreement Number 80-10-0033 The Local Government shall immediately notify the Federal Government of an escape of a federal detainee. The Local Government shall use all reasonable 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. Prisoner Rape Elimination Act (PREA) The facility is requested to post the Prisoner Rape Elimination Act brochure/bulletin In each housing unit of the facility. All detainees have a right to be safe and free from sexual harassment and sexqu assaults. (See Attached) Service Contract Act This Agreement incorporates the following clause by reference, with the same force and effect as If it 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 noti?ed 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-diam rate with the independent government estimate for detention services, otherwise known has the Core Rate; Page 8 of 12 MARCH 2015 ICE 2012030300029457 Agreement Number 80-10-0033 2. Comparison with per-diam rates at other state or local facilities of similar size and economic conditions; 3. Comparlson 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 firm-fixed per-diem rate for services is $54.25, and shall not be subject to adjustment on the basis of COUNTY actual cost experience in providing the service. The per-diam rate shall be fixed for a period from the effective date of the Agreement forward for thirty-six (36) months. The per-dlem rate covers the support of one (1) federal detainee per ?federal detainee day", which shall Include the day of arrival, but not the day of departure. After thirty-six (36) months, if a rate adjustment Is desired, the Local Government shall submit a request through the Electronic Intergovernmental Agreements area of the Detention Services Network (DSNetwork). All Information pertaining to the jail on the DSNetwork will be required before a new per-dlem rate can be considered. Billing and Financial Provisions The Local Government shall prepare and submit for certification and payment, original and separate Invoices each month to each Federal Government component responsible for federal detainees housed at the facility. Addresses for the components are: United States Marshals Service Western District of Texas 235 John H. Wood, Jr. 0.5. Courthouse 655 E. Durango Blvd. San Antonio, TX 78206 (210) 472-6540 United States Marshals Service Southern District of Texas Bob Casey Federal Courthouse 515 Rusk Avenue, Room 10002 Houston, TX 77002 (713) 718-4000 Page 9 of 12 MARCH 2015 ICE 201203030.0029458 Agreement Number 80-10-0033 Bureau of Prisons Community Corrections Office 727 E. Durango, Suite 3-138 San Antonio, 1! 78206 (210) 472-6225 Immigration and Customs Enforcement Central Regional Office Detention and Deportation Division 7701 N. Stemmons Freeway Dallas, TX 75247 (214) 905-8344 To constitute a proper invoice, the name and address of the facility, the name of each federal detainee, their specific dates of confinement, the total days to be paid, the appropriate per-diem rate as approved In the Agreement, and the total amount billed (tetal days multiplied by the per-dlem 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. Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation or 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 ba5is, after receipt of an appropriate Invoice. The Local Government shall provide a remittance address below: HcLennan County Detention Center 3101 Marlin Highway Waco, TX 76705 Modi?cations and Disputes Either party may Initiate a request for modification to this Agreement In writing. All modifications negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate officials of each party. Both parties agree they will use their best efforts to resolve the dispute In an lnfon'nal fashion through consultation and communication, or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. - Page 10 of 12 MARCH 2015 ICE 2012030300029459 Agreement Number 8040-0033 Inspection 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 to promote improvements to facility operations, conditions of con?nement, and levels of services. Litigation The Federal Government shall be noti?ed, in writing, of all litigation pertaining to this Agreement and be provided copies of any pleadings ?led or said litigation five (5) 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 12 MARCH 2015 ICE 2012030300029460 3 _29.__9.Re rtin 15mm 'lltki Ls ml'lt??'fd In whit-t1 I in I?m: ll. .ml .Il all Fartlum. 'Ilu-? mm. In tut-u] and by Sen?tnr l?n antlers. (bullied by Dq-mnum of lunar. L'tuml Slams Matilth Sum-tn, that have a ?ght It: ?in .utd I'm- from usual hut-amnet-I and sexual ?nulls. - One or mutt- donates engaging tn to engage in a mural act ?6th detainee or the us: nt? threats. intimidation. touching other minus audio: by Mac ut more Jaantt-t't stated coctcing and/0t presenting auntth equine a sexual art. WW Staff "10!?th magmg in. Of to. rut-9,1: a sexual act with in\' ?mm. the touching: ul'a tit-tamer} aunt. groin, bran, imtm thigh, hullm?lut Will! the harm to abuse. hmollutr. harass. degrade. mime. or gaufy the rem! desires at am person. Sexual abuse/assault ofdt-tainces by not!" at other detainees is an out: of pnwet and is b3 policy and the law. MARCH 2015 ICE 201203030.0029461 ital! ?l mt la nu'u- at -t..lt Jul .lt Ltt'tu't' . .tt: mutual: ?mt tv-t lmutut tn gmtl'attr nl' ahtt-tu' Law-gum; {.N'33Uft? ?mi unul elliuu?. -la mums demure. who mpg? In :t-Maal brluttur mm ultra-ts :t 1t um he t?lnqgul lltt? thl" [lying Abusive or Obscent: language 0 0 Sexual Assault 0 Making a Sexual Proposal 0 Indecent Exposure 0 Engaging in Sex Act While 51?: are detained. nl- hm the tight to: j.ut.t tuettgage sexual ?etc at engage in wtunl n-gttallcs; uf your age, me. me. or ethnicity. ?If wurst'wal unumtitm. have ?13' right to tall" l'mm unwanted sexual atlt'ancn and acts. Iht? of a detainee reporting a mual assault. and the t?acts- m? tht: upon Itself. shall he :0 those win. imm- need tn know in unlt-r make tlrcisnma ramming tltt: welfare and for lan- lt't'mt .t m? a mttal assault, you n'pun tt mmdiatdy In any staff pawn you l?M. nwlodt- ltnusing amt-ch". chaplains. Page 12 of 12 em tl ul wt. Mall'ntt'ml-rh Lt't'l'l t'm unlit-tantra: ..- .md .iwnr- .ma. 'ltt (6 th .2 'u know ban:- mu -I t?m- tan-null! Ic- tut: luw - upmnr: - rut el lt'nt'f mummy. ltt wuul tutu-?mints the I hinge 011: Muted Suit-~- M-lt?slml. "mun. use \pn'ul 51ml) mail pom-(lun- No an ll' j'ntt deride t'nm it to. tilt: With the UtTtt?t't? tn Clams; can ?lt- (int-cant? dwetly the ?eld ?l't?u lhmm. \m can gm the tum? tram mm ltousmg unit ntTm-r. or a ?tutu-tum. - Watt In the Of?ce Inspector (Ecru-ml (DIG). aim-It allegaum: ut )mt'l Tlte atldt't-S? 29' Ulric: ht. luspectm Gem-val. 1'5. nt' justice. 950 Aw. Ram 47%, Washington, DC. 2053" 0 1 Ian. at an expense ta. ymt. the Ol't?tt'c nl' General (1 ll": [thum- nunth l7- Individuals who usually abuse an Annual! detainee? cammly be disciplined or ptosecutcd if the 21mm: its publiuttlt at of the (th'l'tm nt?tht- l'edttral Dnettmm 'l nutm- ant-I Ne on wt Whittle mummy?, 3mm