058. o! Justice all? SONIC. 'a may 2. Effective Date 3. Paul: Code 5 5104-0064! See piock 19 _M~3_ty 4. 5. Issuing Federal Agency 6 Local G_oyernrnent I United States Marshals Service Prisoner Operations Division Otero County Detention Operations 10 McGregor Range Road 2604 Jefferson Davis Highway Chaparral, NM 88310 Alexandria. VA 22301-1025 7. Appropriation Data 15X1020 forth herein. Tax 106: as-googzgg 8. Local Contact Person Ray County Manager 8 Medical Facility 8 Other 8 us. Courthouse 15. Local Government Certification To the best of my knowledge and belief, lnl'onnatlon submitted In support of this 9. Tel: (575) 437-7427 . Emalg a Service. Estimated further or Per-Diem Rate . . .m 10. This agreement is for the housing. 1 1. 12. safekeeping, and subsistence of federal prisoners. in accordance with content set 1,358 $61.85 13. Optional Guard/Transportation Services to: 14. Guard/Transportation Hourly Rate: $17.00 . renew 7mm Regulatlon Mileage Rate. 16. Signature of Authorized to Sign (Local) agreement ls true and correct, this treatment has been duly audiodzed by the body governing the Department or Agency and the Department or Agency will comply with all set mm mm. forth herein. . gag? ?kegs 2110110 Title Date i 17.Prisoner and 18. Other Authorized 19. Sig or Authorized to Sign (Federal) Detainee Type Agency User Authorized EAduit Male 8803? Sig mutt Female 81cc Jackie Print Name DJuvenile Male MAY 2 4 2010 Gr ts anal. DJuvenile Female man on. Page 1 of 12 MARCH 2015 ICE 2012030300029604 DetentionServlces United States Neutrals Service Wernrnontal Agreement . yum-e ?umber 2. Effective Date 3. Facility Cooe(s) . 4. DUNS Number 51-04-0064 See Block 19 . 167223125 S. Issuing Federal Agency 6. Local Government United States Marshals Service Prisoner Operations Division Otero County Detention Operations 10 McGregor Range Road 2604 Jefferson Davis Highway Chaparral, NM 88310 Alexandria, VA 22301-1025 Tax 10:: 896000236 7. Appropriation Data 8. Local Contact Person Ray County manager 9. Tel: (575) 437-7427 Email; Services Estimated Number of Per-Diem sate ?1 .- . .. .m 10. This agreement is for the housing. 1 1. 12. 3 safekeeping, and subsistence of federal prisoners. in accordance with content set 1,358 $61.85 forth herein. I 13. Optional Guard/Transportation Services to: 14. 8 Medical Facility 8 color Guard/Transportation Hourly Rate: $17.00 u.s. Courthouse Funeral Eve Regulation Mileage R000. 15. Local Government Certi?cation 16. Signature of Authorized to Sign (Local) 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 are Department or Agency will comply with all set mm mm. forth herein. ?3,019 ?lineages 5/20/10 ?l?itie Date 17.Prisoner and 18. Other Authorized 19. Sign or Authorized to Sign (Federal) Detainee Type Agency User I Authorized Male 8309 manor: Female Ems Jackie Print Name DJuvenile Male MAY 2 4 2010 peerai ClJuvenlle Female Titimms Date Page 1 of 12 MARCH 2015 ICE 2012030300029605 I .. Page 2 of 12 . I MARCH 2015 ICE 2012030300029606 9.9vr? I 1? Agreement Number 51-04-0064 Authority .7 .. Purpose of Agreement and Security Provided 3' - Period of Performance .. 3 Assignment and Outsourcing of Jail Operations 4 Medical j. Receiving and Discharge of Federal 3 Optional Guard/Transportation Services to Medical 6 . Optional Guard/Transportation Services to US. Courthouse Optional Othel' Guard/Transportation .A. .. 2 Special a I I I I I Service Contract Act . ., Per-Diem Rate Billing and Financial Provisions 9 Payment:Procedures .. 19 Modi?cations and Disputes .. 10 Inspection of Services "can 0.. no Prisoner Rape Elimination Act Reporting 172 Agreement Number 51-04-0064 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 ?nancially 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, medical claims for federal detainees must be on Centem 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 pre-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, Publition loo-Prisoner Health Care Standards (WW) and in compliance with USMS Inspection Guidelines, Form 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 (PPD) skin tests are uses, they shall be read between 48 and 72 hours after placement. Page 4 of 12 MARCH 2015 ICE 201.2030300029607 Agreement Number 51-04-0064 Authority Pursuant to me 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 Govemment') and OTERO comm! (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 detainees with the Local Government at the COUNTY PRISON FACILITY (hereinafter referred to as ?the facility"). 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, 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 extemai 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 financial 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 201203030.0029608 '0 Agreement Number 51-04430? 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 medial 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 Loal Government. The Local Government shall immediately notify the Federal Government of any cases of suspected or active T8 or any other highly communicable disease 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. When possible, generic medications should be prescribed. Medial records must travel with the federal detainee. If the records are maintained at a medial 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 medial co-payment by the Loal Government in accordance with the provisions of Title 18, USC Section 4013(d). The Federal Government is not responsible for medial co-payments and cannot be billed for these costs even for indigent federal prisoners. Receiving and Discharge of Federal Detainees The Loal Government agrees to accept federal detainees only upon presentation by a law enforcement officer of the Federal Government with proper agency credentials. The Local Government shall not reloate a federal detainee from one facility under its control to another facility not described in this Agreement without permission of the Federal Government. The Loal Government agrees to release federal detainees only to law enforcement officers 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 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 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 201203030.0029609 Agreement Number 51-04-0064 Optional Guard/transportation Services to Medic? 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 fadlity 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 at I uallfied law enforcement b7E or correctional officer personnel. If the Loca vemmen 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 0.5. 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 WW qualified law enforcement or correctional officer personnel. If the vemmen unable to meet this requirement, the Local Government may seek a waiver of this requirement 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 proper law enforcement credentials. The Local Government will not transport federal detainees to any U.S. Courthouse without a specific request from the USM who will provide the detainee's name, the US. Courthouse, and the date the detainee is to be transported. Each detainee will be restrained in handcuffs, waist chains, and leg irons during transportation. Page 6 of 12 MARCH 2015 ICE 201203030.0029610 Agreement Number 51-04-0064 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 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. Optional 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 ve me 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 speci?c requirements for security, detainee monitoring, and contraband control. If transporting to an airlift, 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 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 thirty-st (36) months, if a rate adjustment is desired, the Local Government shall submit a request. Mileage shall be reimbursed in accordance mm 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 Page 7 of 12 MARCH 2015 ICE 201203030.0029611 Agreement Number 51-04-0064 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 (run) 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 sexual assaults. (See Attached) Service ContractAct 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 notified by the Federal Government. Per-Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-dlem 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-dlem rate with the independent government estimate for detention services, otherwise known has the Core Rate; 2. Comparison with per-dlem rates at other state or local facilities of similar size and economic conditions; Page 8 of 12 MARCH 2015 ICE 201203030.0029612 Agreement Number 51-0400? 3. Comparison of previously proposed prices and previous Federal Government and commercial contract prices with current proposed prices for the same or similar items; - 4. Evaluation of the provided jail operating expense information; - The ?rm-fixed per-diam rate for services is 361.853 and shall not be subject to adjustment on the basis of'OTElto cougar actual cost experience in providing the service. The per-diam rate shall be fixed for: a period from the effective ?dated! the Agreement toward for: thirty-six 13.5.) months. The per-diam 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 areapf 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 certi?cation and payment, original and separateinvoices each month to each Federal Government component responsible for federal detainees housed at the facility. Addresses for the components are: United States Marshals Service Pete v. IOomenici. 51.5. Courthouse 333 Lamas suite 180. Albuquerque. NM 87102 (505)13.466400i .l-Jnited' States Marshals service 235 John Wood". Jr. .U.S. gourthouse 655- E. Duran'goBlvd. Sans Antonio..TX 78206 United States tMar'Sha'ls service . Sandra Day O'Connor v.5. Washington Slit, $95 64! Phoenix, AZ 35003-2159 Page90f12 MARCH 2015 ICE 201203030.0029613 Agreement Number 51-04-0064 area-u of Prisons Community Corrections Office 208 Mesa One Building 4849 North Mesa Street Paso. TX 79912 (915! 5344-6326/27 lrr'nigraucn and Customs Enfomernent Central Regionai Of?ce Detention and Deportation DiVision 7701 hi. Stemmons Freeway Da-ias. TX 75247 767-7062 To constitute a proper invoice, 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-diem 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 official responsible for Invoice preparation. Nothing contained herein shall be construed to obligate the Federal Government to any expenditure or obligation of funds in excess of, or in advance of, appropriations in accordance with the Anti-De?ciency Act, 31 U.S.C. 1341. Payment Procedures The Federal Government will make payments to the Local Government on a monme basis, alter receipt of an appropriate invoice. The Local Government shall provide a remittance address below: County Name/Address Otero County 10 HeGregor Range Road Chaparral, NM 88081 Modi?cations and Disputes Either party may initiate a request for modification to this Agreement in writing. All modi?cations negotiated will be effective only upon written approval of both parties. Disputes, questions, or concerns pertaining to this Agreement will be resolved between appropriate of?cials of each party. Both parties agree they will use their best efforts to resolve the dispute In an Informal fashion through consultation and communication, or Page 10 of 12 MARCH 2015 ICE 201203030.0029614 . Agreement Number 51-04-0064 other forms of non-binding alternative dispute resolution mutually acceptable to the parties. - - Inspection of Services The Local Government agrees to allow periodic inspectionsof the facility by Federal Government inspectors. ?ndings 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 pertaining to this Agreement and be provided copies of any pleadings ?ied or said litigation within ?ve (5) 7 working days of the filing. 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