U.S. Department of Justice United States Marshals Service Modi?cation of Intergovernmental Agreement I. MODIFICATION NO.: 2. REQUEST FOR DETENTION SERVICES: 3. EFFECTIVE DATE MODIFICATION: THREE (3) NA 2/1/2006 4. ISSUING OFFICE: 5. LOCAL GOVERNMENT: 6. IGA NO.: US Marshals Service Bergen County Annex Jail Prisoner Services Division 106 S. River Street 50-06-0023 Washington, DC 20530-1000 Hackensack, NJ 07601 7. FACILITY CODHS) 2EM 2AB 8. ACCOUNTING CITATION: 9. ESTIMATED ANNUAL PAYMENT: 15X1020 AMOUNT: NA IO. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 6. REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation is to extend the term of the IGA inde?nitely. In addition the IGA number is being modified from to #50-06-0023. All other terms and conditions remain the same. 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 U.S. Marshal. Such notice will be provided 30 days in advance of the effective date of formal termination and at least two weeks in advance of a suspension or restriction of use unless an emergency situation requires the immediate relocation bf prisoners. I 1. INSTRUCTIONS TO THE LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. OCAL GOVERNMENT IS NOT REGUIRED TO B. I LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS SIGN THIS DOCUMENT AND RETURN COPIES TO THE U.S. MARSHAL 12. APPROVALS: A. LOCAL GovemylENT gs? B. FEDERAL GOVERNMENT . - A Signature ?5 Signature I K?k Kills - i GrantsAnal st Title Title ate USMS HQ USE ONLY Form Rev. 3/96 Page l_ofl Pages JUNE 2015 ICE2012FOIA03030.000001 US. Department of Justice United States Marshals Service Modi?cation of Intergovernmental Agreement I. MODIFICATION No. 2. REQUEST FOR SERVICES N0. 3. EFFECTIVE DATE OF MODIFICATION Two (2) 342-02 and 141-03 May 1, 2003 4. ISSUING OFFICE 5. LOCAL GOVERNMENT 6. NO. MARSHALS SERVICE Bergen Coomy 145044.034 PRISONER SERVICES DIVISION Bergen County Jail WASHINGTON, DC. 20530-1000 160 5. River 7. FACILITY NJ 0760] ZEM ZAB 8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT 1 5X1 020 10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 5, REMAIN UNCHANGED. OF THIS MODIFICATION: The purpose of this modi?cation is to: 1) Increase the per diem rate of $65.00 to a. ?xed per dicm rate of $85.00 e??ective May 1, 2003. The ?xed per diem rate shall be in cited for apen'od of two (2) years, expiring on April 30, 2005. 2) Delete Article V, found on page 4 of 10, in it?s entirety and incorporate the Speci?c Cooperative Agreement Program (CAP) language into the agreement, as set forth on the following page: I . INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT IS NOT REQUIRED B. LOCAL GOVERNMENT IS TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT REPURN COPIB T0 0.8. MARSHAL 12. APPROVAL B. FEDERAL cyvemmrr ., 65-, Jackie Gomez ?Signature 7/7 /0 7? Grants Analyst MAY 2 8 Li.an I DATE TITLE DATE Form HOUSE ONLY (Rev. 3199) Page 1 of 2 Pages JUNE 2015 Intergovernmental Agreement No. J-AS 0-M-084 Page 2 of 2 TI V-PRI CEG This agreement shall remain in effect for a period of ?fteen (15) years after the project(s) listed in Schedule of CAP Ageement No. is completed. The Local Government agrees to provide one hundred ?fty (150) bedspaces for federal detainees in INS custody each day upon the request of INS commencing on the date of completion and activation of all projects listed in the above-mentioned CAP agreement The IGA shall remain in e?ect through the period of the CAP agreement, and thereafter until terminated or suspended in writing by either party. Such notice will be providedthirty (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 immediate relocation of prisoners. JUNE 2015 US. Department of Justice United States Marshals Service Modi?cation of Intergovernmental Agreement 1. MODIFICATION NO. 2. REQUEST FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION ONE (1) 060-02 January 1, 2002 4. ISSUING OFFICE 5. LOCAL GOVERNMENT 6. IGA NO. 0.8. MARSHALS SERVICE Bergen County J. 5044-034 PRISONER SERVICES DIVISION Bergen County Jail PROGRAMS AND ASSISTANCE TEAM 160 S. River Street 7. FACILITY 600 ARMY NAVY DRIVE Hackensaek, NJ 07601 ZEM ARLINGTON, VA 22202-4210 2AB 8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT 15X1020 IO. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REF ERRED TO IN BLOCK 6. REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: l. The purpose of this modi?cation is to incorporate articles for guard/transportation services and authorize mileage reimbursement in accordance with Federal Travel Regulations. 2. Effective January I, 2002, Bergen County may provide guard/transportation services at an hourly rate of $29.00. 3. Articles XV and XVI, attached hereto, are hereby incorporated in the subject Intergovernmental Agreement. 4. Bergen County is also authorized reimbursement of mileage expenses resulting from transporting a Federal prisoner as directed by the Government. All mileage reimbursement shall comply with Federal Travel Regulations. 5. All other terms and conditions remain unchanged. 1 1. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT IS NOT REQUIRED B. LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO US. MARSHAL B. FEDERAL GOVE Angela Z. Iackso Sig Contracting Officer I 2. APPROVAL TITLE DATE TITLE DATE Form USN-2418 USMS HQ USE ONLY (Rev. 3/99) 3 Page I of 4 Pages JUNE 2015 TIL -G OSRVIE 1. The Local Government agrees, upon request of the Federal Government in whose custody a prisoner is held, to provide: a. Transportation and escort guard services for federal prisoners housed at their facility to and from a medical facility for outpatient care, and b. Transportation and stationary guard services for federal prisoners admitted to a medical facility. 2. 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. The Local Government agrees to augment such practices as may be requested by the USM to enhance Speci?c requirement for secmity, prisoner monitoring, visitation, and contraband control. 3. 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 agrwd 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. 4. Furthermore, the Local Government agrees to hold harmless and indemnify the USMS and its o?icials in their official and individual capacities from any liability, including third-party liability or workers? compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 5. The Federal Government agrees to reimburse the Local Government at the rate stipulated on page one (1) of this agreement. ARTICLE XVI - MSPORIATIOE SERVICES 19 QQURTHOUSE l. The Local Government agrees upon request of the USM in whose custody a prisoner is held, to provide transportation and escort guard services for federal prisoners housed at their facility to and from the US. Courthouse. The Local Government agrees to the following: a. Transportation and escort guard services will be performed by E) - quali?ed of?cers employed by the Local Government under their policies, procedures, and practices, and will augment such practices as may be requested by the USM to enhance speci?c requirements for security, prisoner monitoring, and contraband control; 1 3 Page/l?of JUNE 2015 b. Upon arrival at the courthouse, transportation and escort guard will tm'n federal prisoners over to Deputy US. Marshals only upon presentation by the deputy of proper law enforcement credentials; c. The Local Government will not tranSport federal prisoners to any US. Courthouse without a speci?c request from the USM who will provide the prisoner?s name, the US. Courthouse, and the date the prisoner is to be transported. 2. Each prisoner will be restrained in handcuffs, waist chains, and leg irons during transportation. 3. Such services will be performed by quali?ed 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 of?cials in their official and individual capacities from any liability, including third-party liability workers? compensation, arising from the conduct of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 6. The Federal Government agrees to reimburse the Local Government at the rate speci?ed on page one (1) of this agreement Page/of JUNE 2015 ICE2012FOIA03030.000006 . .. . . 5310 mural Sales Department of Justice Intergovernmental Serv'" Agreement 0 Umted States Marshals Service Housing of Federal .soners Pm of l. AGREEMENT NUMBER 2. EFFECTIVE DATE No. 4. CONTROL No. 5. ISSUING OFFICE 5. GOVERNMENT ENTITY FACILITY CODEIS) EM Bergen County Jail Annex 1A5 STATES MARSHALS SERVICE NAME AND Bergen County Jail PRISONER OPERATIONS DIVISION ADDRESS 10A sscnou (Street, city, I 60 5. River Street 6OOARMY NAVY DRIVE county, State Hackensack' NJ 07601 ARLINGTON. VA 22202-4210 and ZIP code 7. APPROPRIATION DATA 15X1020 Contact Person Jack Terhune Sheriff Area Code Telephone No. (201) 688-1190 s. 9. lo. I2. IS. I ITEM No. QUANTITY UNIT UNIT PRICE AMOUNT This agreement is for the housing, ESTIMATED safekeeping and Subsistence of USMS ESTIMATED adult male and female federal prisoners PRISONER PER DIEM ANNUAL in accordance with the contents set forth RATE PAYMENT herein. 500 P05 $65.00 $32,500.00 A GENC CER TIFYING To the best of my knowledge and betlef, data submitted in Support of this agreement is true and correct, the document has been duly ou- thorl?zed by the governing body of the Depart- ment or Agency and the Department or Agency will comply with ALL PROVISIONS SET FORTH HEREIN. . ORIZED r0 SIGN OFFER Date 7'1? 7 57 (Signature) I . {a I036 ten/B 63-: F63 Name (Type 0r Punt) Title Date (Signature) Nun: ?'ype or Print) Title I6. TYPE OF USE Hold Over IZI Regular Support CI Seasonal Support Other l8. LEVEL OF USE Minimum Medium [3 Major I7. PRISONER TYPE TO BE INCLUDED UNSENTENCED SENTENCED Adult Male Cl Adult Male Adult Female Adult Female Juvenile Male CI Juvenile Male El Juvenile Female El Juvenile Female CI Work Release YCA Male CI YCA Female [3 Aliens BY 19. This Negotiated Agreement Ir Hereby Approved and Accepted for THE UNITED STATES OF AMERICA BY DIRECTION OF THE DIRECTOR OF THE UNITED STATES MARSHALS SERVICE (SIGMA from crmo OFFICER) 20. No. of Prisoners ANTICIPATED ANNUAL USAGE ALIENS TOTAL (Type or 21. NAME OF OFFICIAL 22. DATE SIGNED JUNE 2015 Prisoner Day: 500 JUN 2 7 I997 Guard Hours Vicki Lipov PRIOR EDITIONS ARE OBSOLETE AND ARE NOT TO BE USED FORM (RCV. 3/96) . U.S. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule Ic?AngiMm,? No}- 10 ARTICLE I - PURPOSE AND SECURITY PROVIDED The purpose of this lntergovemmental Service Agreement is to establish a formal binding relationship between the United States Marshals Service (USMS) and other federal user agencies (the FederalGovernment) and Bergen 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 Bergen County Jail Annex and Bergen County Jail (the-facilities). 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 confines of the facility, at a level appropriate for prisoners considered a risk of flight, a danger to the community, or wanted by other jurisdictions. ARTICLE II - ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECT- SUPPQRIEQ EFEORT 1. 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 protect-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 ?ow-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. Form USN-2433 (Rev. 2192) JUNE 2015 ICE2012FOIAO3030.000008 US. Department of Justice United State: Marshals Service No. Page No. Intergovernmental Service Agreement Schedule $me 4: of RTI - MEDICAL SERVICES 1. The Local Govemment agrees to provide federal prisoners with the some 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 prescribed. 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. ARTICLE IV - RECEIVING AND DISCHARGE 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 Ge. DEA Form USN-2433 (Rev. 2192) JUNE 2015 ICE2012FOIA03030.000009 (LS. Depamnent of Justice United States Marshals Service IGA No. Page No. Intergovernmental Service Agreement Schedule JASOM INS,etc.) or to a Deputy USM. Those prisoners who are remanded to custody by a USM may only be released to a USM or an agent speci?ed by the USM of the Judicial District. 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 of?cials for any reason except for medicai 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. ARTICLE - PERIOD OF PE ANCE This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual 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 immediate relocation of prisoners. ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT 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 (12) months. 3. The rate covers one (1) person per ?prisoner day". The Federal Government may not be billed for two (2) days when a prisoner is admitted one evening and removed the following morning. The Local Government may bill for the day of arrivaldeparture. Form USM-2413 (Rev. 202) JUNE 2015 U.S. Department of Justice United Stare: Marshals Service Intergovernmantal Service Agreement Schedule IGA No. Page No. 5 of request of the USMS. the USM. NEWARK, NJ 07101 (20D 645-2404 ARTICLE VII - BILLING AND FINANCIAL PROVISIONS 4. When a rate lncrease is desired. the Local Government shall submit a written request to the USM at least sixty (60) days prlor 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 permit an audit of accounting records upon 5. Criteria used to evaluate the increase or decrease in the per dlem rate shall be those speci?ed in the Office of Management and Budget (OMB) Circular A- 87. Cost Principles for State. Local. and Indian Tribal Govemments. o. 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 day 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 l. 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 IMMIGRATION AND NATURALIZATION SERVICE DISTRICT OF NEW JERSEY REGIONAL COMMISSIONER 5(1) U.S. POST OFFICE 70 KIMBALL AVENUE FEDERAL SQUARE s. BURLINGTON VT 05403-6813 (PO. BOX I86) (802) 660-1180 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 dlem rate as approved in the 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. JUNE 2015 ICE2012FOIAO3030.000011 Form USM-Z4IB (Rut. 2I92) U.S. Deprtment of Justice United State: Marshals Serw'ce Intergovernmental Service Aver-?men: Schedule l?mghw Pag? 3. The Prompt Payment Act. Public Law 97-177 (96 stat. 85, 31 USC I801), 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 Office 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 office designated to receive the invoice. If the due date falls on a nonworking day Saturday, federal holiday), then the due date will be the next working day. The date of the check issued in payment shall be considered to be the date payment is made. NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FOR PAYMENT. ARTICLE - SUPERVISION AND MONITORING RESPONSIBILITY All recipients receiving direct awards from the' USMS are responsible for the management and fiscal control of all funds. Responsibilities Include the accounting of receipts and expenditures, cash management, the maintaining of adequate ?nancial records, and the refunding of expenditures disallowed by audits. ARTICLE IX - ACCOUNTING SYSTEMS AND FINANCIAL RECORDS 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 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. 2. Recipients are responsible for complying with OMB Circular A-87 and 28 CFR, Part 66, and the of the costs covered therein (submission of Form USM-243). To avoid possible subsequent disallowance or dispute based on unreasonableness or unailowability under the speci?c cost principles, recipients must obtain prior approval on the treatment of special or unusual costs. Form (Rev. 2192) JUNE 2015 ICE2012FOIAO3030.000012 U.S. Department of Justice United States Marshals Service Service Agreement Schedule $25330? Pal" N313 10 3. Changes in IGA facilities: The USMS shall be noti?ed by the recipient of any significant change in the facility. including significant variations in inmate populations. which causes a significant change in the level of services under this 18A. 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 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 "signi?cant increase or decrease" for purposes of this subsection. - MAINTENANCE AND RETENTION QF RECORDS AND ACCESS TO E29313 i. in accordance with 28 CFR. Part 66. all ?nancial 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. 2. The 3-year retention period set forth in paragraph one 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 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. A. 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. Form (Rev. 2M) JUNE 2015 US. Department of Justice United Stare: Marshals Service No. Page No. of Intergoveli Service Agreement Schedule 084 10 ARTICLE Xi - GOVERNMENT FURNISHED PROPERTY 1. it is the intention of the USMS to furnish excess federal property 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. 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, phot0graphy, food service, medical care, inmate recreation. etc. 3 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 payment made by the USMS for prisoner support unless a specific exemption Is granted by the Chief, Prisoner Services Division, USMS Headquanem. 5. It Is understood and agreed that the Local Government shall fully defend. indemnity, 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 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. Form USM-MED (Rev. 2192) JUNE 2015 ICE2012FOIA03030.000014 U.S. Department 0! Justice United States Marshals Service No. Merger/maul Service Agreement Schedule l?m??w GILL ARTICLE XII - 1. Either 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 2410 for approval. 2. Disputes, questions. or concerns pertaining to this agreement will be resolved between the USM and the appropriate Local Government of?cial. Space guarantee questions along with any other unresolved issues are to be directed to the Chief, Prisoner Services Division. ARTICLE - INSPECTION The Locai 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 IGA 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 nationally recommended dietary allowances published by the National Academy of Sciences. 4. Jail will provide 24-hour emergency medical care for prisoners. 5. 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 applicable laws and regulations. Form USM-2418 (Rev. 2192) JUNE 2015 US. Department of Justice United States Marshals Service Intergovernmental Service Agreement Schedule Nnma ARTICLE XIV - CONFUQT OF 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, where to his/her knowledge, he/she or his/her immediate family. partners. organization other 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 o??Justice project funds, officials or employees of the recipient. a sub-recipient or 'a contractor, shall avoid any action which might result in. or create the appearance of: a. Using his or her official position for private gain; b. Giving preferential treatment to any person: 0. Losing complete independence or impartiality: d. 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. FOrrn (Rev. JUNE 2015 ICE2012FOIAO3030.000016 . . 1. Agreement Number 2. Effective Date 3. FaCIllty Code(s) 4. DUNS Number 7 50-06-0023 See Block 19. ZEM 81 ZAB 076687284 5. Issuing Federal Agency 6. Local Government United States Marshals Service Bergen County Annex Jail Prisoner Operations Division 160 South River Street Office of Interagency Agreements Hackensack, NJ 07601 Washington, DC 20530- 1000 Tax 22-6002426 7. Appropriation Data 8. Local Contact Person 15x 1020 Allen Ust 9. Tel: 2015273003 1 Fax: 201-5273035 Email: aust@bcsd.10. This agreement is for the housing, 11. 12. safekeeping, and subsistence of federal prisoners, in accordance with content set forth Male: 133 Female: 13 $110.00 herein. (Estimated Federal Beds) 13. Optional Guard/Transportation Services: 14. Medical Services Guard Hour Rate: $29.00 8 U.S. Courthouse Mileage shall be re bursed by the Federal Government at the GSA Federal Travely??atlon Mileage Rate. 4 15. Local Government Certi?cation 16. Signa re of Pe on uthori to Sign (Local) To the best of my knowledge and belief, information submitted in support of this agreement is true and correct, this document Signature has been duly authorized by the governing of the Department or Agency and the Department Leo McGuire or Agency will comply with all provisions set Name forth herein. Sheriff '4 7 0 7 Title IDat?e 17.Prisoner and 18. Other Authorized 19. Signature of Person Authorized to Sign (Federal) Detainee Type Agency User Authorized W7 Adult Male BOP ?nal ,e I 8 Adult Female ICE Renita L. Barbee Juvenile Male Name -. . 97?? Senior Grants Specialist 2 3 ~Wg Title Date 8 ICE Detainees Juvenile Female Page 1 of 12 JUNE 2015 Agreement Number 50-06~0023 Authority .. 3 Purpose of Agreement and Security Provided .. 3 Period of Performance .. 3 Assignment and Outsourcing of Jail Operations .. 4 Medical Services .. 4 Receiving and Discharge of Federal Detainees .. 6 Optional Guard/Transportation Services to Medical Facility .. 6 Optional Guard/Transportation Services to US. Courthouse .. 7 Special Noti?cations .. 7 Prisoner Rape Elimination Act (PREA) .. 8 Service Contract Act .. 8 Per?Diem Rate .. 8 Billing and Financial Provisions .. 9 Payment Procedures ..10 Modi?cations and Disputes ..10 Inspection of Services ..10 Litigation ..10 Prisoner Rape Elimination Act Reporting Information ..12 Page 2 of 12 JUNE 2015 Agreement Number 50-06-0023 Authority Pursuant to the authority of Section 119 of the Department of Justice Appr0priations 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 the Bergen County Jail (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) to house federal detainees with the Local Government at the Bergen County Jail 160 South River Street Hackensack, NJ 07601 (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 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 financial records, for a period going back 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 120 calendar Page 3 of 12 JUNE 2015 Agreement Number 50-06-0023 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. 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 financially 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 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 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. Page 4 of 12 JUNE 2015 Agreement Number 50-06-0023 Medical care for federal detainees shall be provided by the Local Government in accordance with the provisions of USMS, Publication 100?Prisoner Health Care Standards and in compliance with USMS Inspection Guidelines, USM 218 Detention Facility Investigative Report. 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 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 utilized, they shall be read between 48 and 72 hours after placement. 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 disease such as Severe Acute Respiratory (SARS), Avian Flu, Methicillin-reslstant 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 days of prescription medication which will be dispensed from the facility. When possible, generic medications should be prescribed. Medical records must travel with the federal detainee. If the records are maintained at a medical contractor?s facility, it is the Local Government?s responsibility to obtain them before a federal detainee is moved. Federal detainees may be charged a 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 prisoners. Page 5 of 12 JUNE 2015 Agreement Number 50-06-0023 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 with proper agency credentials. The Local Government shall not relocate a federal detainee from one facility under its control to another facility not described in this Agreement without permission of the Federal Government. The Local Government agrees to release federal detainees only to law enforcement officers of the Federal Government agency initially committing the federal detainee Drug Enforcement Administration, Bureau of 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 speci?ed 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). Optional Guard/Transportation Services to Medical Facility If Medical Services in block 13 on page (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 or correctional officer personnel. If the Local Government is 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 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 (1) of this Agreement. Mileage shall be reimbursed in accordance with the current GSA mileage rate. Page 6 of 12 JUNE 2015 Agreement Number 50-06-0023 Optional Guard/Transportation Services to U.S. Courthouse if U.S. Courthouse in block 13 on page (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. If the Local Government is 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. 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 speci?c request from the USM 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. If an hourly rate for these services has been agreed upon to reimburse the Local Government it will be stipulated on page (1) of this Agreement. 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 Page 7 of 12 JUNE 2015 Agreement Number 50-06-0023 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 detention 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 Page 11) 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 notified by the Federal Government. Per?Diem Rate The Federal Government will use various price analysis techniques and procedures to ensure the per-diem rate established by this Agreement is considered a fair and reasonable price. Examples of such techniques include, but are not limited to, the following: 1. Comparison of the requested per-diem rate with the independent government estimate for detention services, otherwise known has the Core Rate; 2. Comparison with per-diem rates at other state or local facilities of similar size and economic conditions; Page 8 of 12 JUNE 2015 Agreement Number 50-06-0023 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-diem rate for services is $110.00, and shall not be subject to adjustment on the basis of Bergen County Jail actual cost experience in providing the service. The per-diem rate shall be fixed for a period from the effective date of the Agreement forward for 36 months. The per-diem rate covers the support of one federal detainee per ?federal detainee day", which shall include the day of arrival, but not the day of departure. After 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 DSNetwork will be required before a new per-diem 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 District of New Jersey 500 US. Courthouse P.O. Box 186 Newark, New Jersey 07101 (201) 645-2404 Immigration Customs Enforcement Regional Commissioner 70 Kimball Avenue S. Burlington, Vermont 05403 (802) 660-1180 To constitute a proper invoice, the name and address of the facility, the name of each federal detainee, their speci?c dates of con?nement, the total days to be paid, the appropriate per diem rate Page 9 of 12 JUNE 2015 Agreement Number 50?06-0023 as approved in the Agreement, and the total amount billed (total days multiplied by the rate per day) shall be listed, along with the name, title, complete address and telephone number of the Local Government of?cial responsible for invoice preparation. 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 on a basis, after receipt of an appropriate invoice. The Local Government shall provide a remittance address below: Bergen County Jail 160 South River Street Hackensack, NJ 07601 Modifications 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 of?cials 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 non-binding alternative dispute resolution mutually acceptable to the parties. 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 in order to promote improvements to facility operations, conditions of confinement, and levels of services. Litigation Page 10 of 12 JUNE 2015 Agreement Number 50-06-0023 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 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 JUNE 2015 Briggner Rage Elimination Act Reggrting SEELJAL ASSAULT AWARENESS This document is requested to be posted in each 1 loosing Unit Bulletin Board at all Contract Detention Facilities. This document may be used and adapted by Intergovernmental Service Agreement Providers. \Vhile detained by the Department ofjustice, United States Marshals Service, you have a right to be safe and free from sexual harassment and Sexual assaults. De?nitigns A - n?D tainee Sexu Maritime]; 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. . St - n-D ai 'ua bus Assault Staff member engaging in, or attempting to engage in a sexual act with any detainee or the intentional touching of a detainee?s genitalia, anus, groin, breast, inner thigh, or buttocks with the intent to abu5e, humiliate, harass, degrade, arouse, or gratify the sexual desires of any person. Sexual abuse/ assault of detainees by staff or other detainees is an inappropriate use of power and is prohibited by policy and the law. JUNE 2015 C. Staff Sexual Misconductis: Sexual beliavior between a staff member and detainee which can include, but is not limited to indecent, profane or abuSive language or gestures and inappropriate Visual surveillance of detainees. Prohibited Acts A detainee, who engages in inappropriate sexual behavior with or directs it at others, can be charged with the following Prohibited Acts under the Detainee Disciplinary Policy. 0 Using Abusive or Obscene Language 0 Sexual Assault 0 Making a Sexual Proposal 0 Indecent Exposure 0 Engaging in Sex Act 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. shamans Information concerning the identity of a detainee victim 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 decistons concerning the detainee-victim?s welfare and for law enforcement investigative purposes. Report All Assaults! If you become a victim of a sexual assault, you should report it immediately to any staff person you trust, to include housing of?cers, chaplains, medical staff, supervisors or Deputy LLS. Dana AF I Il-h VI LE Marshals Staff members seep the reported information confidential and only discuss it With the appropriate of?crals on a need to know basis. Ifyou are not comfortable reporting the assault to staff, you have other options: 0 \?i'rite a letter reportng the sexual misconduct to the in charge or the United States Marshal. To ensure confidentiality, use specml (Leg-ah mail procedures. 0 File an Emergency Detainee Grievance - If you decide your complaint is too sensitive to ?le with the Officer in Charge, you can tile your Grievance directly with the Field Office Director. You can get the forms from your housing unit officer, or a facility supervisor. 0 \X'rite to the Office of Inspector General (OIG), which investigates allegations of staff misconduct. The address is: Office of Inspector General, US. Department of justice, 950 Ave. Room 4706, W'ashington, DC. 20530 0 Call, at no expense to you, the Office of Inspector General (OIG). The phone number is 1-800-869-4499. 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 Federal Detention Trustee \X?ashington, DC Qua-T'm" cam--mp5- Published l?ebruary zoos