A 123' web 16: 25 3162655883 USMS WISHITA KS USHS WICHITA KS I May 12 2005 16:29 Sea In 2004! 11:27 Wu PAGE P. 02 P. 02 Fax:3162696480 Faxz3152596480 ?5 . . REQUEST minimum SERVICES Um (ROS) (SUPPORTOF uxpmsomxs; Prisoner 8mm 019M I I ?tias. ?mun-nun - 27.. us. Marsh! mm? In mm MWeW?rlkW mm 4 ma :ab?amunahubn cwumm?u?vm lam. 1?mewa fudnolaysork?. . I Man I - Guam! Won aumxcmormm KANSAS WALTER MARSHAL ?Roam. 5.1mm. 31.03.0021 A . . mm mm. mm lawman-1i?: manna um um mm mum MSPORTATION games: mans. m? mm 0mm 9311.311 comm: nm?ou 9mm 200 an norm an. .. any ELDQWO 4min *5 Sauna manna-mug human, Luv: Mic: "junk; 7. LOCAL comm? omem. NW mum me Mum-ran Hm. (316)322-4161 Zip 67042 I I I . IIch mm - AduuMale 8 Mt]: mm 3 mum-1: Multh 1 no: - a manila Mlle Imam ms [3 menu: m. Juvenile-Fan]: mum vim {ust 13.11aqu 09w 05/14/04 ?nmuiamcunmho aluminium . F, 1mm?: Cut-gory m. Maw-Sum BOP ms mu 25.550 15.850 min-sme . 12.8 ?Mum-umber mm: Ingram/m.wa v. a - nu. . MUSMW 2: (la-ems; i . [Ml JUNE 2015 ICE2012FOIA03030.000029 16:25 3152555888 :32 USHS WICHITA KS Fax23152595480 ?ay 12 2005 15:28 P.D3 I i 1.3.5; Deva-(men! of Justice U??irc?d States Marshals Service (3051? SHEET F0 SCHEDULE A . I Insu'uc?uns: This should be oompimed and wbmitlod to tho-US. Marshal by the local for the acquisition of detention ?Wicca {Or federal prisoners. The cast information contained in this ?bm will be reviwed by a the US. Marv-hm: Service Hudquanem. Upon request, additional supporting dam in addition 10 that included as part of this cost may bk rcquam The individual designated in Section-V wiil be enameled-by .1 US. Marshals Service represcnutivc to negotiete nja? per them a 115de effective date Upon negolialions. and Ingergovammcmal Schicc-Agrcumcm (TCTA) will be issued by 1hr: US. Marsha! Service Headquarters and forwarded to the 1cm) government for review and signature. Lonl Governments shau only request the re?mbunemem ofcom to the extent provided for in the latest! revision of OMB C?reuhr Na?. A47. OMB Circular No- sets fonh the smnduds for determining costs for federa! awards carried out with awe and local seamen. If Iddfticml qulnd. plus: cannot US. Mush-15 service Headquarters. Prisoner ServicCs Division (202) 307-5100. Section I a General Information Nam! of Facility: Physical Address of tracimy: Butler County Jail I Phone Number: (316 322.4161 70] SE Stone Road; El Dorado. Kansas-67042 Section II - Financial Data Summary W5 A. Time Frame (Fiscal Year): FROM: M. momear) (Mandi/Year) I i COS a B. Total Personnel Com (Schedule - Part I) $531,766.84 C. Total Personnel Bene?ts (Schedule - Part II) .. D. Tots! Consultant: and Contract Servica (Schedule a) B. Other Direct Operating Costs (Schedule D) F. "noqu.nnunn-nu-un certi?ed cw! allocation plan mus! be submitted g'f reimbursement indfrecr a: is requested. 0. Equipment Depreciation Com (Schedule F) $24,891.61 H. Building Depreciation Costs(3chedule G) .. I 1. Total Operating Costs (Scheduie r316) 749' 8?5 - 51 TOTAL ACTUAL OPERATING ?2031? FOR PRIOR FISCAL YEAR ?$391322 .. EMEZL nswous EDITIONS OBSOLETE Page i 1 Fm Aummatcd om: i (Reyna: 1197, JUNE 2015 515.." i ?2885 '18: '35 3162655833 ?13 usns KS May 12 2005 16:29 P.04 US.Dcpartment . 1 ?United States Marshals Service Section - Prisoner Population Informatian ?I?Kme fume ofPriloner information FROM: Iinmn' 2004 To: December 2004 (Must correspond with (inlefmme on previous page! (Hawk/Yew mamww) Inmate Capacity of Jail: Mal: Female I Juvenilc . TOTAL 7 202 i 34 0 236] . . 1 Average Daily Population: Type of Prbonex . Mala Female I Juvenilc TOTAL Federal . . 73 3 I 0 81 Local TOTAL 163 8 1 7" Section IV - Per Diem Proposed Per Diem Rate for Federal . $6.0 08 State Prisoner Per Dian (ifapplicnble): Section - anal Government Cum-act Please provide the new of the individual apthorlzod represem and to act for we Local Goveme in day rate negotiations. Name Bargaminl?moks Depamnenthf?co Butler bounty Jul) Title Jail Administrator Street 701 SE Stone RoaL' phone (3151 322-4161 FAX (3mE azo-well cu, El Dorado Sla'wKS I 67042 Section VI - Certi?cation This is to carry; that, to the best ofmy Mme and (:44le daufmixhgd In Scheme: 8 magi: an accurate. ample}: and canal. and do nu! include any unallocablc or or gna?owabla com prohibited by 0MB mum'No. (Can P?naipleafar Sam: and Local Governments) or any can not relaled to the jail a: dismissed on Farm '(Cm-Sheetfar Darenth Services). The mew-dz,- oft/7!: agehgy area avaz' (?for vaw and audi! by (?14 authorizad represenlattve ofrhc (LS. lGavtr?men! no vorl? any/0!! per diam rare negotiated. 5 Signature pm a o; i 2 Form USN-243 Pageant lo I (Mle 1/37) Aural-mad 0 HO) Name JUNE 2015 1.6225 31 ?2555888 usms HIEHITA KS Fax:3162898430 May 12 2005 15:30 13.8. Department of Justice I United States Marshals Service i SCHEDULE PART I - PERSONNEL cosrs Direct Costs?Personnel Supporting Detention instructions: only those posigiOns directly involved injail Operations and bene?ting I prisonersAnnual Salary Full Time or Nmnber of Total Salary Cost ?55 Cost Part .Timc fosin?o?ns (A) (D) 0 Detenticn Licutcnanr 124,592.00 (Detention Sergeant . 146,735.00 Detention Corporal Detention Of?cer 393,725.00 Detention Maintenance Technician 29,226.00 "Director ofDownuon Serviccs 49,421.00 De?nition Assistant Director 37,356.00 Detention Financial Of?cer 30,752.00 Datcntion Administrative Assistant 23,514.00 . 0.00 Overtime - 50,000.00 Longevity - - 3.000.00 0.00 0.00 0.00 0.00 0.00 0.00 (Use continuation sheet needed) Total Smry C05: 5 1,536,379.00 FICA Bene?ts 7.551 121,357.99 Total Salary Cost plus LICA 1,707,736.99 Form Page cf )0 (Roman U97) Aural-ham] 01:01 15:25 3162655888 55 USMS KS Fax23162598430 May 12 2005 18:30 P.08 . De?arlment of Justice United States Marshals Servx?ce . . SCHEDULE 3 PART II - PERSONNEL BENEFITS 4 Direct COStS~Pcrsonnel Supporting Detention acility Instructions: Provide mm: plans N.Y.S. cmponcu minimum system), insujance plans em Shield), or unemployment insurance contribution pins for position: lined in Schedule - Part I). Number of Toul?Salary :Employer Annual Emptoyeca Base Cos: Participating - 3 1.1mmth pnocmws; a. KPERS . - Full-time: 57.55 },564,500,..00 3.82 59, 754 00 b, Pan-Lima: - 34: 0.00 2. msum?zcn 8- Name: Full-time: 57.55 1.564.500.00 min: by mm 277,945.00 Preferred Plus of Kansas . . Pan-time: 36 0.00 Name: Full?time: 57.55 1.564.500.00 dries Delta Dental/ Life Insurance - 0'00 3. 0mm EMPLOYER comma-non PLANS (ta worker?s ?mpg-{mm . 3" Pull-time: 1,564,500.00 . .73 1 1,420.85 Unemployment I - . Pan-lime: a 0.00 - I mam, 1,564,500.00 - 1? 3. v. 46.935130 Workm Compensation - . A Pan-time: 96 0.00 C. I . 9? CA Pan-time: . . 2-. 96 0.00 531,746.84 '1 I Form 0354-243 - ma 9. or 10 (v (Revuea 1/97) JUNE 2015 8531192685 16: '25 3162655888 DHSXICE PHGE 8b USMS WCHITA KS Fax:3162696480 May 12 2005 18:30 P.07 19.5. Depirtlnent ?Justice Unit'ed States Marshals Savicc SCHEDULE CONSULTANTS AND CONTRACT SERV CES Instructions: List only those positions dimtiy involved in jail operations and bene?ting chcta! a deta?ed "description of sewico". 1 l, I a Type of Service . Description of San-vice No. of Annual Cost - Contact 5 . Empbyae: 1- MEDICAL: Jail Nurse/Medical Care Saviccs 250.000.00 2. DENTAL: . I 3. OTHER: Food sex-vices 1? 215,000.00 . 4. OTHER: 5. OTHER: Total Cnns?laams ant! Contract Services 5 46630090 Form (Revue: 1197) a . Auwmmd JUNE 2015 ICE2012FOIA03030.000034 18:3(1 . 4-9 35 15:25 3162655883 May 12 20,05 1 Ug . 11.5. Department of Junka United States Marshals Service I 1 . SCHEDULE n? OTHER DIRECT JAIL OPERATI '6 costs Instructions: List onty these cos?s associated with the operation o?he jail um directly bene?t fedora primers. Cosw associated with 10:51 court and law activities are no: allowable cqats for the purpose ofdolannjnins facili operating costs. Fax23182598439 Coal niagory Deac?ptibn Annuasl Cost 83'. Kitchen Supplies '7 taming (Prisoner) . czominngerso?al EquiPmemr 21,500.00 Medical Care Supplies PhysiCalsx?Vacs, Med. main. Med Supply, Naming/Mad - 37,500.00 Eg?ding 5.3mm; 3350041059?: of inmate supply costs . 6,750.00 To?ca'ies . 6,750.00 1 Recreation and Education BMW um}! . 0.90 Utilities Utilities Telephone . I 222,000.00 Unifams Gail Suffogly) 0-00 Safety Sanitation Nummi?oafsanm?on I . I 7,000.00 :1 Supplies ,Cusz. Su'ppliea, Mair}, Contact MainL. Other Contract Sits . ?#0000 1 Of?ce Suppxle: 190mm: ?Poatage, 01b SUpp, Foam, Camp Supplies, PrintingJ?hoao Sinai 21,500.00 Taicphom . IL I o._oo (Please o??zqe Equipmant. mu mlyequxpmm Emma: and Pam; 15,000.00 gfo??lfdulc Ffor 099' 'Rndio?qnipmem, MMthacua C1mdhs(c.g. tulepbona and)?. A Credits Immune rebates, recoveries or . Sizim?eg on losses commismy I . I . 30,000.? cum szaawmm . 6,000.00 Othe: Equip Main, Radio Maim, Comp Mam; 'l 19,000.00 dame: Dues Membem?pa. Legal habliuzions, Subscription 2,750.00 3mg: )jhcr ??tal Other Dina Com ?1 377,250200 I . . . . I pagegono - . - . {Revival-W) Ammdolml JUNE 2015 PAGE 88 3:512f2885 15:25 3162655883 May 12 2005 16:31 P.D- USMS WISHITA HS Fax.3182698480 . I Vi United States Marshals Service . . CERTIFICATE or cos:- ALLOCATION bum. Thi: is re germ? that I hav and belief: - (1) All costs included in this proposal data]. to establish cos: urination; car-milling: for [identify period covered by plan} an wow/able in accordance with the requirements of OMB Clmulhr (5-87. "Cast Principles far State and Local Govsmmenm." and me Federal awardm to which the apply. Unallqwable costs have been adjusted for in alloouing costs as indicated in the cost allocation plan. I All included in this pruposal are properly allocable to Federal awards on tbl: relationship between the incurred and the annals to which Ih'ay are mac: . in accordance with applicable Further, the "the costs that have been treated as indirect costs have my! been claimed as direct costs. Similar types ufcosts have been accomtcd far consistently. I I declare that the fomgoing is true and ?meat. I Gowmmlunit: BUTLEE COUNTY ADULT DETENTION FLOILITY 513W A I I . Name ofOf?cial: BENJAMIN J- CROOKS This: DETENTION DIRECTOR Daze nfExaou?on: 3m 17" 2004 1 Flam: Page 2 of lo . (Kwhod 1/97) I Autonmd 01/0: JUNE 2015 ICE2012FOIA03030.000036 I: 203: 15:25 3162655888 12 2005 18:31 9.10 ?35' ms K3 Fax131628?35480 a0 . us. ?Depargment of Justice . I . United States Marshals Service . . . SCHEDULE E- COST ALLOCATION cosr PROPOSALS Instructions: If you intend to claim 00000! service costs you must provide 3 test all 'on plan. Sec 0MB Clmula: A-a7, Attachment C. Similarly, if you intenGto claim indirect'ao?s you must An indirect cost proposal. An indirect cost is any con-not direc?y idanti?cd with a single, ?nal cost objmtiva and is no: subject to mum: is a dime: cost. Sec OMB Circular A-87, Attachment E. A .0 (0 10532.00; 1300:4310 Sm, Allifxlablc . (A) Gammlvon NoType of service Ptovided P?g?zg 3:123:35? In 35:01! Main:&lanhom . Buildings&Gm'unds 300100.55 (0.65 44,874.36. CountyAdmin.HR. Audit CaumyAdminismion 7 $57,991.09 1-4.65 81,743.74 Finmca Suppon Tm 6.5 i 290.90% 1.0.58 30,777.54 Accounting??aymll med: 1 7.5 314,063105 11.08 34,798.19 Cornpuuer Support "Computer Seminar. 3 3493631199 - V1.64. 51,145.39 Administration. Shem 7 05905030 40.01 1?7.133.88 Detention Administration Jail 104,353?) I 89.31 93,649.57 0.00 5 0.00 'l 0.00 7 0:00 0.00 0.00 0.00 3 0.00 0.00 0.00 A. . . - . 0.00 ram.- - - 30 514,176.16 Page a or :0 {153034;}? JUNE 2015 ICE2012FOIA03030.000037 16:25 3162655883 FHLGE 18' WICHEH KS Faxz3152595480 Hay 12 20?05 16:31 P.11 us: nup?ammnt of Justice United-Status Marshals Service I scan-nan - 0001mm": cost? Instructions: A Lisu'ng of equipment which is in the current approved jail Opcming budget for is canine: period mngb? and/o: attached to this for full purchase value consideration. Iroquipmam is dept-00h . show tots] icquisixionamoum and method used by state. comm: or city in calculating A um allowance no: to 20% of acquisition cost ofuabk: cquipmem may be substituted in lieu Equipment must be used directly I'm-jail madam. Truman: ofthSa costs mus: be local A. New Equipment Approved-?n Current Operating Budget (Us: Continuation Sheet if Nuclessary) 00 (.63 0:890:00 of a tat/8:121:35 25:17 Egg?! Descrip?on Utilization Uni?. equipment iamod Allowable by several depu) (4) (5-) (6) Equipment. Furniture, Computer: Jail 1750 1750 21305 100 9c. 373,187.50 0.00 95 ??03 . '90 0.00 as 0.00 3 00 0.00 i 90 0.00 94. 0.00 i as 0.00 A 9% 0.00 0.00 0.00 0.00 . . 55 0.00 0.00 mm .mpm, cm 373,137.50 Equipment shove) 24,891.61 . - 8. Show Method or Calculating Dcp?cflticn of Equipment it G-z/3% depreciation is not used. 1 F000 USM-243 I - (Wadi/97) amko 10 i JUNE 2015 ICE2012FOIA03030.000038 15125 3152655383 PAGE 11 USNS WICHITA KS Fax:3162695480 May 12 2005 18:31 F.12 D'?bartmout of Justice Effith States Marshals San/ice SCHEDULE 0 - BUILDING Instructions: Pravidc an explanation of method used county or city to dopmim building p. Show date or connructiom, cos: of construction (cos: of is no: ollcwablek. number of years in depreciation cycle. None that ?deml assismicc rmnuu used for. building are conside offsetting revenues and an 10 be subtracted ?om coo: ofconmction. In lieu of building dcpmiaticn an annual use allowance of 2% of acquisitiOn Cost may be Truman: ?them ?at: mutt b: consistent with local gowmment?s method. ll?clalm?ng nowlce arising: from construction or renovation ofa facility, please Spent in "othcf? bolow. Part1 - Depreciation Camouu?on ?can . Year of, Original Annual 3' Conslrucllon Construction Claimed 2 . Mm.? Building 001 2002 14,000,000 00L 273 ,403 . 00 Addltionm 0.00 Annex 0'00 Other-(Plow: specify}: 0.00 0.00 Subtotal 14.000.000.00 2 73 .403 . 00 Les: Federal Assistance Revenue: or Grants (24 00? 0 0) including awards under Cooperative Agrecmem Pros-mm . mu I 249,403.00 "Ganeruly 2% oforlgiml ooman coal Part - Method-of calculating hpmcix?on used by date. County or city (1.0.. :pmf?a deprec or: marked depreciation (momma is not utilized by the note. county, or city) 1 97.5432 THE JAIL SPACE IS BEIC USED FOR ROWING AND AS SUCH ONLY THAT PERCENTAGE OF THE ALLOWABLE 2: USE CHARGE HAS BEEN RECO. ED HERE. THE REMINDER OF SPACE IS FOR JAIL TRANSPORT OFFICERS AND JAIL ADMINISTRA IVE STAFF. ($14,000,000 *97.6433 $273,403.00) FEDERAL CAP AWARD 05' $1,200. 000 HAS BEEN SPREAD OVER mlso YEAR EXPECTED LIFE OF mu: JAIL FACILITY. ($1,200,000 a ,l - qusm-w memorlo . (Revised rm; Automxtod ill/OI JUNE 2015 ICE2012FOIA03030000039 13 05,511,52885 15:13 3162655888 ICE U.S. 0fJusticc Un'Ited States Marshals Service Modi?cation ofIntergovernmental Agreement I. MODIFICATION NO 2. REQUEST FOR DETENTION SERVICES NO. EFFECTIVE DATE OF MODIFICATION Two (2) 234-03 September 1, 2003 4. ISSUING 5. LOCAL GOVERNMENT 6. IGA NO. LS, MARSHALS SERVICE 31-03-0021 PRISONER SERVICES DIVISION Butler County DquIuinn FuciIin ATTN: DENNIS JENKINS I I4 W'csl 7. FACILITY WASHINGTON. DC 20530-1000 Eldoradn. Ks 67042 7HD 8. ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT ISX I 020 L16. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMS AND CONDITIONS OFTTHE IGA DOCUMENT REFERRED TO IN BLOCK 5. REMAIN UNCHANGED. TERMS OF THIS MODIFICATION: The purpose of this modi?cation is to incorporate the guard and tranSportation articles. as set forth on pages ofthis document. I I . INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF IS MODIFICATION: A. LOCAL GOVERNMENT 18 NOT REQUIRED I. B. 8 LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO US. MARSHAL If APPROVAL 4 A. LOCAL GOVER MENT B. FEDERAL GO MEN. . "Vi/(ka Dennis Jcnkin Signature Signature Vice-Chair 9/9/2003 . Contracting Of/Icer AUG 19 2003 TITLE DATE TITLE DATE HQ USE ONL Form (nus/99) In ad I, .. Elia-p53? Page?L. 0f Pages JUNE AL. PAGE 14 U551 zoos 15:13 31b2b55888 ICE . Department of Justice Jnit'ed States {Marshals Service lntergoverninental Service No. 31-03-0021 Page No. 2 of 3 ARTICLE XV - SERVICES TO MEDICAL l. The Local (luvemment agrees. upon request ofthc 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. ?l?ranstiortation 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 security, prisoner monitoring. visitation, and contraband control. it. The Local Government will continue to be liable for the actions of" its employees while they are lransporting 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 lederal prisoners on behalf of the USMS. Furthermore, the Local Government agrees to hold harmless and indemnify the USM and its of?cials in their of?cial and individual capacities from any liability. including third-patty 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 Govornment agrees to reimburse the Local Government at the rate of $16.86 per hour. Mileage shall be reimbursed at the mileage rate established pursuant to the current GSA mileage regulations. XVI - SEMICES TO US. COURTHOUSE l. The Local Government agrees upon request of the USM in whose custody a prisoner is held, to provide [ransPOI?tation and escort guard services for federal prisoners h0uscd 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 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; Form USM-2 MB (Rev. 3/99) JUNE 2015 ICE2012FOIA03030000041 PAGE 1 5 urn-1 12w: 13:1 3 3152555888 Department ofJustice mitch .S?Iuiex Marsha/s Service Service Agreement Schedule IGA No- 31-03-002] page No, 3 of 3 7 b. Upon arrival at the courthouse. transportation and escort guard will turn federal prisoners over to Deputy US. Marshals only upon presentation by the deputy of proper law enforcement credentials: e. The Local will ilo_t tranSporlz 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. Each prisoner will tie-restrained 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 practises. The Local Government agrees to augment such practices as may be requested by the USM to enhanCe Speci?c requirements for security, )risoner monitoring, visitation, and contraband control. 4i. he Local Government will continue to be liable for the actions of its employees while they are transporting federal prisoners on behalfofthe USMS. Further, the Local Government will also continue to provide workers? compensatioii to its employees while they are providing this service. It is further agreed that local jail employees will continua to act on behalf of the Local Government in providing transportation to federal prisoners On behalf of the USMS. S. Ftu?thermore, the Local Government agrees to hold harmless and indemnify the USMS and its of?cials in their of?cial and individual capacities from any liability, including third?party liability workers? compensation, arising from the of the local jail employees during the course of transporting federal prisoners on behalf of the USMS. 6. The Federal agrees to reimburse the Local Government at the rate of $1 6.86 per hour. Mileage shall be reimbursed at the rate established pursuant to the current GSA mileage regulations. Form (Rev, 3/99) JUNE 2015 ICE2012FOIA03030.000042 15213 3152855888 PAGE 16 U.S. Department of Justice United States Marshals Service . Modificati: 3f Intergovernmental Agreement I. MODIFICATION NO. 2. REQUEST FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION I One (1) 059-03 April 1, 2003 4. ISSUING OFFICE 5. LOCAL GOVERNMENT 6. IGA N0. U.S. MARSHALS SERVICE 3 1-02?00 17 PRISONER SERVICES DIVISION Butler County Jail ATTN: DENNIS JENKINS I I4 Wes; Central 7. FACILITY WASHINGTON. Dc. 205304000 Eldorado. KS 67042 71-10 3 ACCOUNTING CITATION 9. ESTIMATED ANNUAL PAYMENT 15X 1 020 10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT REFERRED TO IN BLOCK 5, REMAIN UNCI-IANGED. TERMS OF THIS MODIFICATION: The purposo of this modi?cation is to increase the per diem rate of $30.00 to a temporary per diem rate of $51.41, as set forth below: A Under Article VI, PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT, delete Paragraph 2 in the entirety, and incorporate the. following: The temporary per diem rate of $51.41 shall be effective April 1, 2003 and remain in effect for a period of Fix (6) expiring on September 30, 2003.? I I . INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICATION: A. LOCAL GOVERNMENT IS NOT REQUIRED B. a LOCAL GOVERNMENT IS REQUIRED TO SIGN THIS DOCUMENT TO SIGN THIS DOCUMENT AND RETURN COPIES T0 U.S. MARSHAL 12. APPROVAL A. LOCA B. FEDERAL GOVERNMENT I r. @774 2 Dennis Jenkim r71" L/v Signah?'e .0 I . . Contracting O?icer 24.; a) 3 TITLE our; TITLE Form USM-24I HQ USE ONLY (Rev. 3/99) Page I - of Pages . 1 - 1.1 VI CH 5-3 9.10 ea: I Ll ?J?l?sbat?t?ti 1" . 1 STATES JUST INTERGOVERNMENTAL COOPERATIVE AGREEMENT NUMBER 02~31-01 This agreement is between the United States marshals Service and Butler County, Kansas, in accordance with the terms end conditions set forth in Articles I through XII and Schedules A, B, and C. The following individuals are authorized, by law, to accept and commit to this agreement on the behalf of the: UNITED 3mm meme BUTLER com, meis? SIGNATURE A SIGNATURE: TYPED NAME: LOQEQ I . Mg?lg? egfz TYPED NAME: WJC. Shriver TITLE: Actinq Director TITLE: Chairman Board of County Commissioners ADDRESS: 600 Army NavY Drive ADDRESS: 205 West Central Arlington, VA 22202-4210 El Dorado, K3 670%2 EFFECTIVE 24/0} DATE: 30 CLA A (only ?tment: required by or local [and IGNATURE SIGNATURE: TYPED NAME: Rand TYPED NAME: Stan Cox TITLE: United States TITLE: Sheriff District of Kansas ADDRESS: 114 West Central ADDRESS: Federal Building, Suite 456 El Dorado, Ks 67042 444 Southeast Quincy Topeka, KS 66683 DATE: 3?29? 0/ DATE: 035004 SIGNATURE: DATE: 65/1 I (NOTE: -This cooperative agreement is neither binding not effective unless signed by the Director, U.S. Marshals Service.) 1 JUNE 2015 ?1551 152885 15:13 3182655888 PAGE HPR 28 2803 10:58 FR KS 316 269 6486 T0 r32655888 a\ ARTECLE I The United States Marshals Service (USMS) is authorized to enter into cooperative agreements with local entities to establish satisfactOry conditions of confinement and detention services in return for guaranteed bedspace for tederal detainees as authorized in 18 U.5.C. 4013(a)(4). The purpose of this cooperative agreement is to establish a legal relationship between the USMS and Butler County, Kansas (the recipient). This agreement is predicated upon the Federal Government's requirement for detention space and services and the recipient's provision of such services. All articles and schedules in this agreement are binding upon the signatures of all signatoriesNeither this agreement, nor any interest therein, may be assigned, or transferred to any other party without prior written approval by the USMS. This cooperative agreement provides for federal funding of the recipient jail construction, renovation, and/or improvement programs. The recipient receiving federal funds is required to assure and certify that it will. as a condition of receiving the funds, comply with applicable federal law and regulations governing grants and Cooperative agreements. By signature to this agreement, the recipient assures and certifies it will comply with all provisions, guidelines, regulations, and laws stipulated in this agreement. 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 cf .application, the approval may be considered granted if these activities are funded as proposed. All contracts or assignments must be formalized in a written contract or other written agreement between the parties involved. The contract or agreement must, at a minimum, State the services to be performed. period of performance, the policies and procedures, and the flow-through requirements that are applicable to the contractor or other recipient. The contract or agreement must include the dollar limitation 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. JUNE 2015 ICE2012FOIA03030.000045 {15,51 1.328915 15: 13 3162655888 ICE PAGE Hr'l! .1 . cs .LU bk, l-R USMS UICHITR KO 316 269 6492! TD 92655888 p_94/19 tows I A. Negotiations between the recipient and the USMS have resulted in a fOrmulation of a Cooperative Agreement Plan which is incorporated as Schedule of this agreement. BA Request(s) for modification, deletions, or additions to Schedule may be made by the recipient by submitting a written request to the Chief, Prisoner Operations, USMS, who must approVe all changes in writing. Neither the 0.8. Marshal nor the Cooperative Agreement Program recipient is authorized to modify or otherwise change this agreement in any way- C. The recipient has verified and ensures that all project(s) Specified in Schedule meet applicable state and local laws, standards, policies, procedures, or ocurt orders. D. The recipient is responsible for planning, initiating, and overseeing the completion of the project(s); for preparing quarterly progress reports and periodic requests for payments; for certifying the accuracy of contractor and vendor billings; for ensuring the cost?efficient and timely completion of project(s); and for immediately notifying the U.s. marshal, in writing, of any issues or problems that might affect the successful completion of the project(s) within the time frame(s) and cost ceiling(s) specified in Schedule B. E. The U.S. Marshal is responsible for conducting on?site inspections of the project(s); for reviewing and certifying interim and final payment requests submitted by the recipient; for ensuring that CAP funding ceilings are not exceeded; for providing USMS Headquarters with written recommendations on any proposed changes or modifications to this agreement; and for immediately notifying headquarters, in writing, of any issues or problems that might affect the successful completion of the project(s) within the time frame(s) and cost ceiling(s) specified in Schedule B. BONDING A. The USMS will provide federal funding in an amount not to exceed 5 1,200,000.00 for the projeot(s) listed in Schedule B. B. The recipient is responsible for all costs associated with the project(s) which exceed the specified federal funding level. JUNE 2015 ICE2012FOIAO3030.000046 15: 13 52 VI DHSKICE are b53815 IU 52%5383 3162655888 PAGE 28 Funds specified and approved for one project shall not be transferred to another project or be used for any other purpose unless authorized by a written modification to this agreement. USMS Headquarters is to be notified of any funds which will not be expended by the CAP recipient for any approved project listed in Schedule B. It is the sole discretion and right of the GEMS to determine how unexpended funds will be used. LETECLE CE GU The recipient shall, at the request of the U.s. Marshal. provide detention space and services for federal prisoners each day on a space available basis from the date of aCCeptance of this agreement until the completion of the projects listed in Schedule and for forty (40) federal prisoners in USMS custody each day at the Butler County Jail for a period of fifteen (15) years commencing on the date of completion of all project(s) listed in Schedule and the fulfillment of payments by the USMS. The USMS may, at its discretion, renegotiate the agreement to reduce the number of guaranteed bedspaces and the period of performance. Factors which may impact the level of use are: reduction in USMS population, closing of a federal court or redesignation of the federal court city and construction of 309 facilities. The Intergovernmental Agreement (IGA) for the housing of federal prisoners will remain in effect through the period Specified in Article V, Paragraph A, and thereafter until terminated in writing by the USMS or the recipient. Daily jail rate payments provided for in the IGA will be negotiated in accordance with the Federal Cost and Pricing Standards. The recipient shall accept a daily jail rate which is supported by actual and allowable jail operating costs. It is understood that countywide indirect costs and costs of local law enforcement and local court support costs are not allowable for the computation of daily'jail rates. antggarg DETENTION apagg a A. The recipient shall aCCept and provide secure custody, care, and safekeeping of federal prisoners in accordance with state and local laws, standards, policies, and procedures. Failure to comply with these provisione may result in a Breach of Agreement as detailed in Article X. JUNE 2015 5: 13 3162655888 u-I-u cuu ouow IU 347333553 PAGE 21 Facade The mandatory minimum conditions of confinement which are to be met during the entire period of the cooperative 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 staffing provides full coverage of all security posts and full surveillance of inmates. 3. Jail provides 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 provides 24-hour emergency medical care for prisoners. 5. Jail maintains an automatic smoke and fire detection and alarm system, and maintain written policies and procedures regarding fire and other safety emergency standards- 6. Jail maintains a water supply and waste disposal program that is certified to be in compliance with applicable laws and regulations. BBTICLE VI FINANC PROV 0N8 A. designee. The USMS will obligate and reserve the funds established under this agreement. Requests for reimbursement for work completed will be submitted by the recipient on a Standard Form 270 (Request for Advance or Reimbursement) with a CAP Reimbursement Detail Sheet to the U.S. Marshal for review and certification. Payment to the recipient will be made only after written authorization by the Chief, Prisoner Operations, or his/her Payments Will not be issued to vendors or contractors. Payments will he issued to recipients via electronic transfer of payment. All requests for payment submitted by the recipient must be supported by valid invoices in accordance with authorized projects specified in Schedule of this agreement. Payments will only be made after on-site inapection by the U-S. Marshal or his/her designee to ensure payment for work completed. Copies of paid invoices shall be clearly marked with the appropriate CAP project number and maintained in CAP project files by the recipient. All such documentation shall be made ayailable for review upon the request of the U.9. Marshal, USMS Headquarters staff, or a federal audit agency. JUNE 2015 05.51 1.32885 1 5:13 ICE DHGV 1U 3162655888 PAGE 2'2 . 87/19 I The recipient shall certify that no request for payment will be submitted for work, materials, or services which have been previously funded from federal funds. The recipient shall use eacepted accounting procedures and shall maintain such books, records, and documents accurately reflecting all costs relating to this agreement for a period of at least three (3) years following completion of all the projects and final payment. All such documents will be subject to periodic on-site review as deemed necessary by the U.s. Marshal, USMS Headquarters staff, and federal audit agencies. The recipient agrees to comply?with the audit requirements of OMB Circular A-l33, entitled "Audits of States, Local Governments, and Non-Profit Organizations" and agrees to: 1) Submit an original and one copy of the audit report to the cognizant Federal agency within 30 days after the audit. 2) Submit a copy of the audit report to the following Department of Justice Regional Inspector General OffiCe: Chicago Regional Inspector General for Audit 500 West Madison, Suite 3510 Chicago, Illinois 60661-2590 3) A copy of the transmittal letter addressed to the regional inspector general shall be sent to:' a) .Audit Services Office of Justice Programs Department of Justice 633 Indiana Avenue, N.W. Washington, D.C. 20531 b) U.S. Marshals Service Prisoner Services Division Square Suite 200 600 Army Navy Drive Arlington VA 22202-4210 JUNE 2015 ICE2012FOIA03030.000049 15: 1 3 u?u -- 1 3162655888 34.0 40: b?b'u (U PAGE ?23 69/19 N9 The recipient shall submit its corrective action plan with the audit report to the DOJ Regional Audit Office, when there are findings/recommendations disclosed in the audit report. The corrective action plan should include: (1) specific steps taken to comply with the recommendations; timetable for performanCe and/or implementation date for eaCh recommendation; and (3) description of monitoring to be conducted to ensure implementation. Audit reports must be submitted annually from the date of initial award or the cooperative agreement until all the work authOrized in Schedule has been completed and reimbursements frow the USMS have been received. Failure to furnish an acceptable audit as determined by the cognizant agency may be a basis for withholding or denying future federal funds. The recipient must Comply with the following special conditiOns contained in the Treasury, Postal Service and General Government Appropriations Act, Public Law No. 102-393, 106 Stat. 1729 (1992): In any contract award of $500,000 or more, the recipient agrees that no amount of the contract award shall be used to finance the acquisition of goods or services, including construction, for the project unless the recipient agrees, as a condition for receipt of the grant described herein, to: (1) specify in any announcement of the awarding of the contract for the procurement of the goods and services involved, including construction services, the amount of federal funds that will be used to finance the acquisition; and (2) express the amount announced pursuant to paragraph (1) as a percentage of the total costs of the planned acquisition. The requirements of subsection shall not apply to a procurement for gocds and services, including construction services, that has an aggregate value of less than $500,000. 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 financial management standards in 28 Code of Federal Regulations (CFR) Part 66 and current revisions of Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments. 7 JUNE 2015 ICE2012FOIA03030.000050 15:13 3152655888 PAGE 74+9 (.0: own; no Firs/13 J. Recipients are responsible for complying with OMB Circular A-87 and 28 CPR Part 66 and the allowability of the costs covered therein. To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowability under the specific cost principles, recipients must obtain prior approval on the treatment of Special or unusual costs. K. Requests for prior approval of costs must be in writing and justified with an explanation to permit review of the allowability of the costs. The requests are to be submitted through inclusion in the application or as a separate written request to the USMS. L. Changes in CAP project. All requests for programmatic and/or administrative budget changes must be submitted in a timely manner by the recipient. VII All questions relating to the interpretation of this agreement shall be addreSSed to the Chief, Prisoner Operations, and resolved by negotiation between the representative(s) of the recipient and the Chief of Prisoner Operations. Unresolved disputes will be'referred to the Assistant Director for the Prisoner Services Division and Chief Executive Officer of the local government. The Director, USMS, will be the final deciding official in all disputes concerning this agreement, unless otherwise adjudicated in a court of law. LBIEQQE STOP HQRE A. The recipient shall within thirty (30) days from the beginning of any delay, notify the Chief, Prisoner Operations, in.writing, of the causes of the delay. If, in the judgement of the Chief, Prisoner Operations, the delay is warranted, the time for completing the work shall be extended accordingly by formal modification. The findings of the Chief, Prisoner Operations, shall be final and conclusive on the recipient, but is subject to resolution under the Disputes Clause in Article VII. E. The Chief, Prisoner Operations, may issue and the recipient Will accept a written order to stop work on any project(s) funded under this agreement. Such orders may be issued upon evidence that the recipient is failing to comply with generally accepted acoounting principals, financial disclosure or reporting requirements, or is deviating from the agreed~upon projects or project desoriptions in Schedule B. For project costs incurred during the stop work period, no CAP fund reimbursements may be made to the recipient. JUNE 2015 ICE2012FOIAO3030.000051 lb: 13 3162655888 PAGE 40: DHGO nu 3?033555 ragga/3?9 J. Recipients are responsible for complying with OMB Circular A-87 and 28 CFR Part 66 and the allowability of the costs covered therein. To avoid possible subsequent disallowance or dispute based on unreasonableness or unallowability under the specific cost principles, recipients must obtain prior approval on the treatment of special or unusual costs. K. Requests for prior approval of costs must be in writing and justified with an explanation to permit review of the allowability of the costs. The requests are to be submitted through inclusion in the application or as a separate written request to the USMS. L. Changes in CAP project. All requests for programmatic and/or administrative budget changes must be submitted in a timely manner by the recipient. VII ELSEUTES All questions relating to the interpretation of this agreement shall be addressed to the Chief, Prisoner Operations, and resolved by negotiation between the representative(s) of the recipient and the Chief of Prisoner Operations. Unresolved disputes will be'referred to the Assistant Director for the Prisoner Services Division and Chief Executive Officer of the local government. The Director, USMS, will be the final deciding official in all disputes concerning this agreement, unless otherwise adjudicated in a court of law. 53, STOP HQRE A. The recipient shall within thirty (30) days from the beginning of any delay, notify the Chief, Prisoner Operations, in.writing, of the causes of the delay. If, in the judgement of the Chief, Prisoner Operations, the delay is warranted, the time for completing the work shall be extended accordingly by formal modification. The findings of the Chief, Prisoner Operations, shall be final and conclusive on the recipient, but is subject to resolution under the Disputes Clause in Article VII. B. The Chief, Prisoner Operations, may issue and the recipient will accept a written order to stop work on any project(s) funded Under this agreement. Such orders may be issued upon evidence that the recipient is failing to comply with generally accepted aCcounting principals, financial disclosure or reporting requirements, or is deviating from the agreed-upon projects or project deseriptions in schedule B. For project costs incurred during the stop work period, no CAP fund reimbursements may be made to the recipient. 5 ICE2012FOIAO3030.000052 1 J. RPR 28 2933 11:66 FR usms NICHITR KS UHb/iCt 316 269 6488 T0 92655888 PAGE 25 I A Stop work order may be canoelled, reissued, or converted to an order of termination. The recipient is responsible for any teets incurred after the issuanCe of a Stop Work Order unless such work, material, equipment, or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be cancelled. Ix This agreement may be terminated in rull or in part by the recipient at any time prior to the completion of the project(s) listed in Schedule E. provided that all federal funds received for the project(s) by the recipient are refunded in full to the USMS. If any CAP funds have been disbursed to the CAP recipient, reimbursement will include full repayment plus interest retroactively computed from the reCeipt of the first CAP payment. Interest will be calculated at the prevailing interest rate at time of termination. A11 termination notices shall be made in writing by the recipient and sent to the Chief, Prisoner Operations, via registered mail, sixty (60) days prior to the effective date of the termination. This agreement may be terminated in full or in part by the USMS at any time prior to the completion of the project(s) listed in Schedule B. Such termination(s) may result from the failure of the recipient to start or complete a projeCt in accordance with the agreement. A sixty (60) day written termination notice shall be made by the Chief, Prisoner Operations, to the recipient. This agreement shall not be terminated by either party atter the completion of all projects and the issuance of final payment by the USMS, unless there is mutual agreement to do so. This agreement shall not be delayed, suSpended, or terminated by the CAP recipient for purposes of relieving overcrowded conditions due to the issuance of a federal or state court order or the issuance of a directive from a state or local government entity. Any such action by a CAP recipient will be considered a breach of the agreement and subject to the terms of Article X. When faced with overcrowding conditions, it is the sole responsibility of the CAP recipient to identify and obtain alternatiVe acceptable jail space so that the guaranteed USMS bedspace under Article will not be affected. JUNE 2015 U391 .L zmuo .LD: 51 DHach 2? 2093 ?'61 FR USNS KS 316 269 6483 TO 92655888 ?if? RT CLE BEE A. The CAP recipient must provide secure housing and all the detention Space and services outlined in Article V. Failure to do so may be considered a formal breach of this agreement as outlined in paragraph below. B. In the event secure housing or detention space and services are not provided at the level guaranteed, the Assistant Director for the Prisoner services Division may determine that a breach exists. However, before determining whether or not a formal breach of this agreement has occurred, the USMS will: 1. Issue a letter of inquiry via registered mail to the CAP recipient who will reopond within thirty (30) days of receipt, in writing, to the Assistant Director for the Prisoner Services Division, listing the reasons for not providing the agreed upon detention space and services. 2. Upon receipt of the written response, the Assistant Director for the Prisoner services Division will determine if the reasons for nonperrormance facility fire, natural disaster, inmate riot, etc.) are acceptable and may initiate formal negotiations to resolve noncompliance through revision of the terms of the agreement. 3. If resolution cannot be reached; then a formal breach of agreement notice will be issued and sent to the CAP recipient via registered mail. C. If the USMS issues a written notice of breach of agreement, the CAP recipient shall: 1. Refund all CAP funds provided under the cooperative agreement within thirty (30) days after receiving the written formal breach of cooperative agreement notice issued by the USMS. 2. If any CAP funds have been disbursed to the CAP recipient, reimbursement will include full repayment plus interest retroactively computed to the date 0: receipt of the first CAP payment. Interest will be calculated at the prevailing interest rate at the time of breach. 3. The recipient shall also reimburse the USMS for all COsts associated with the relocation of federal prisoners to another facility, including all jail costs over and above the per diem rate paid that would have been paid to the recipient tor the entire period of performance- 10 JUNE 2015 135.51 1 H2865 15:1 3 H44 'a?d auto; lizm l?N urns tr- 3162655888 OLD db?! 1596!! . I The provisions of this Article will be enforced by the USMS only after a violation of the provisions for guaranteed space.have been established, and negotiations between the USMS and the recipient have not resulted in an acceptable resolution to the USMS and a written notice of breach of agreement has been issued by the Assistant Director for the Prisoner Services Division and received by the recipient. TICL CAP gang RQUIEEKENT A. Upon execution of this agreement, the USMS shall provide written administrative packages to the CAP recipient and the U.s. Marshal. CAP Recipient 1. The CAP recipient is responsible for submitting, through the v.5. Marshal to USMs Headquarters, Prisoner Services Division, a quarterly progress report whether or not work has begun. The quarterly report must be sent to the 0.3. Marshal no later than five (5) working days after the 01038 of each quarter until all work has been completed. 2. Failure to Smeit quarterly progress reports or comply with CAP administrative procedures may be interpreted as noncompliance with this agreement and subject to terms and conditions of Article of this agreement. 3. A final CAP close?out report shall be submitted by the recipient at the completion of all projeccs and after final payment has been received. This report includes the date(s) of completion, date(s) of activation, and final costs. This close-out report must be submitted no later than ninety (90) days a?ter completion of the but preferably as soon as the final payment has been received. 4. All recipients receiving direct awards from the USMS agency 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 tinancial records, and the refunding of expenditures disallowed by audits. 5. Where the project or one of its components is delegated to a contractor or other state or local organization, the recipient is nevertheless responsible for all aspects of the program, including proper accounting and financial record?keeping by the sub-recipient or contractor. These responsibilities include; 11 JUNE 2015 854"":1 1 2665 15:13 3162655888 Reviewing Financial Operations: Recipients must be familiar with, and periodically monitor, the recipient?s and contractor's financial operations, reCords, system, and procedures. PartiCular attention is to be directed to the maintenance of current financial data. Recording Financial Activities: The recipient's award or contractor's obligation. as well as cash advances and other financial activities, shall be recorded in the books of the recipient in summary form. Recipient/contractor expenditures shall be recorded on the books of the recipient, or evidenced by report ?forms duly filed by the sub?recipient/contraotor. Non-Federal contributions applied to programs or projects by cub?recipients must likewise be recorded, as would any program income resulting from program operations. Program income means gross income earned by the reoipient/euh-recipient during the funding period as a direct result of the CAP award. Direct result is defined as a specific act or set of activities that are directly attributable to the CAP funds and which are directly related to the goals and objectives of the project. Determinations of "direct result" will be made by the USMS. Recipients who anticipate receiving income as a result of the award of CAP funds must disclose this information to the USMS at the time of award. Budgeting and Budget ReView: The recipient shall ensure that each sub-recipient/contractor prepare an adequate budget on which its award commitment will be based. The detail of each project budget shall be maintained on file by the sub~recipient or contractor. Accounting for Non-Federal Contributions: Recipients will ensure, in those instances where recipients are required to furnish non-Federal matching shares. that the requirements, limitations, and regulations pertinent to nonvFederal contributions are applied- Audit Requirements: Recipients are required to ensure that sub-recipients/contractors have met all necessary audit requirements as set forth in Article VI. Reporting Irregularities: Recipients and their sub- recipients/contractors are responsible for -1 4 . JUNE2015 notitying the recipient and the USMS of any illegal acts or irregularities and of proposed and actual actions, If any. Illegal acts and irregularities 12 15:13 8. Delinquent debt collection: 3162655888 ICE LUH UWUU nu 29 -- include such matters as conflicts of interest, falsification of records or reports, and misappropriation of funds or other assets. 6. In accordance with 28 CFR Part 66 or OMB Circular A-llo, all financial records, supporting documents, statistical records, and other records pertinent to contracts or sub- awards awarded with CAP funds shall be retained by each organization participating in the program or project for at least 3 years for purposes of Federal examination and audit. The 3-year retention period set forth in the previous paragraph, starts from the date following Completion of all projects and the final payment. 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. 7. Access to Records: The USMS and the Comptroller General of the United States, Or any of their authorized representatives, shell 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 net be limited to the required retention period, but shall last as long as the records are retained. 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 agency shall apply interest, penalties, and administrative costs to a delinquent?debt owed by a debtor pursuant to the Federal Claims Collection Standards. 13 JUNE 2015 13:13 slebooBSB PAGE 38 A I .Avv .LJ C. Marshal 1. A written progress report must be completed, reviewed, and signed by the U.S. Marshal. The report must be submitted to USMS Headquarters, Prisoner ServiCes Division. on the fifth workday of the month after receipt of the administratiVe package. A progress report is required even if actual site work has not yet begun. 2. once all work has been completed, the U.S. Marshal is required to immediately perform an on?site close-out inspection. 3. When'the request for final payment is made, it must be accompanied by the CAP close~out report from the Marshal. CO ICT 8 Personnel and Other officials connected with the agreement shall adhere to the requirements given below: . (1) Advice. No official 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 officer, 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 financial interest, or less than an arnm-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, shall avOid any action which might result in, or create the appearance of: using his or her official position for private gain; giving preferential treatment to any person; losing complete independence or impartiality; making an official decision outside official channels; or . JUNE J. 4003 LUILJ Haw tau-.1 IV PAGE f' . .L 3 I, ?affecting adversely the confidence of the public in the integrity of the Government or the program. 15 JUNE 2015 31 u: lleUUD 10:13 . I HPK dd woo ll-wd Llal?lb hum-H We Ei-{EfalubsE DHOU ILI I PAGE 32 I usus COOPERATIVE mum - scannom A nonsmm no. 02-31-01 The recipient hereby assures and certifies compliance with OMB Circulars A- 87, Revised A-102 (28 CFR, Part 66), and 3?133 as they relate to the project! and the following regulations, policies, guidelines, and requirements: The recipient certifies that: 1. It possesses legal authority to apply for the grant, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, and the rendering of all understandings and assurances contained therein; and that the person identified as the official representative of the applicant is authorized and directed to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.s.c. 2000a). and in accordance with that Act, ensure that no person in the.United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to execute this agreement. 3. It Will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d?3), prohibiting employment discrimination where the primary purpose of a grant is to provide employment or (2) discriminatory employment praCtioea will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. 4. It will comply with requirements of Title II and Title of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (Public Law No. 91-646, 84 Stat. 1894. as amended). which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5- It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of state and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain ?or themselves or others, particularly those that have family, businesses, or other ties. 16 JUNE 2015 J. i AUUO RPR 28 2303 11:83 FR USMS NICHITH Ks . ?r 10. ll. 12. luiid diozosouso 316 269 case 1U assesses PAGE 33 lti/l'? It will give the grantor agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. It will comply with 28 CFR, Part 66, Administrative Requirement for Grants and Cooperative Agreements to State and Local Governments concerning requirements of law, program requirements, and other administrative requirements. It will comply with the audit provisions of OMB Circular Ar133 (Audits of State and Local Governments) and copies of each annual audit report shall be submitted to the appropriate cogniZant agency and the Department of Justice Regional Audit Office. The reports are to cOVer the period from initial award of the cooperative agreement until all the work authorized in Schedule is completed and reimbursement from the USMS is received. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law No. 93-234, 87 Stat. 975, as amended). Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of' Housing and urban Development as an area having special flood hazards. For purposes of the Act, the phrase "Federal Financial Assistance" includes any form of loan. grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other torm of direct or indirect federal assistance. . 17 JUNE 2015 ICE2012FOIA03030.000061 RPR 28 22183 11?03 FR USMS UICHITR 3152655888 316 269 6488 T0 92655888 PAGE 3'4 P. 13/13 It will assist the federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (ls U.S.C. e69a-1 et seq.) by consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CPR Part 800.0) by the'aCtiVity, and notiinng the federal grantor agency of the existence'of any such properties, and by complying with all requirements established by the federal grantor agency to avoid or mitigate adversE effects upon such properties. It will comply with regulations at 28 CFR, Part 67, implementing Executive Order 12549, Debarment and Suspension. Prospective participants will submit certification regarding debarment, suspension, and other responsibility matters in accordance with regulations. It will comply with 31 1352, entitled "Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions," and provide Certification Regarding Lobbying and a Disclosure of Lobbying Activities Form, if applicable, for awards of $100,000 or more. It will comply with the Drug-Free Workplace Act of 1988 regulated at 28 CFR, Part 67, Subpart F, and certify that it maintains a drug-free workplace in accordance with the regulations. It will comply with Executive Order 12699, Seismic safety of Federal and Federally Assisted or Regulated New Building Construction, and the Earthquake Hazard Reduction Program Act of 1977, as amended. In accordance with the National Institute of Standards and Technology (NIST) IR 4852. Interagency Committee on Seismic Safety in Construction (ICSSC) RP Guidelines and Procedures for Implementation of the Executive Order on Seismic Safety of New Building Construction, it will comply with the following 1991. International Conference of Buildings officials (ICBO) Uniform Building Codes as its seismic design Standard for new design and construction: (1) 1991 ICBO Uniform Building Code; (2) 1992 Supplement to the Building Officials and Code Administrators (BOCA) National Building Code; and (3) 1992 Amendments to the Southern Building Code congress (SBCC) Standard Building Code. 18 PQGE. 19 Ma ?4