4-h es) U.S. Department of Homeland Security ACD-4-H-1002 Administrative Center, Dallas \ 7701 N. Stemmons Freeway Dallas, Texas 75247 1 APR 1 8 2004 Christian County Sheriff's Department 110 West Elm Street Room 70 Ozark, MO 65721 Dear Sheriff Bullock: Enclosed is a copy ofthe executed jail agreement ACD-4-H-1002 between your facility and the United States Immigration and Customs Enforcement, a division ofthe U.S. Department of Homeland Security. Included is a preauthorization request form, which must be filed with the appropriate officer of the United States Public Health Service for non-emergency medical needs ofan ICE detainee. Should you have any questions, please feel free to contact Anthony Webb, of my staff, at 214 905-5392 extension 3. Sincerely, ¢33.2. 4 Angela L. Avery Supervisory Procurement Specialist Enclosures ft. 1 United States Department ofHomeland Security Bureau ofImmigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees ' ACD-4-H-1002 3. Requisition Number (Ifapplicable) COR-04-DR013 4. Issuing DHS Office Address: 5. City/County/State Government: Department ofHomeland Security Christian County SheriffDepartment Immigration and Customs Enforcement 110 West Elm Street 7701 N. Stemmons Freeway Room 70 Dallas, TX 75247 Ozark, MO 65721 ContactPerson: Ange]*LAvery,SupervisoryProcurementSpecialist ContactPerson: KirkHammer,JaiIAdministrator Phone: (214)905-5392 Phone: (417) 581-2332 1. Services Covered by this Agreement: .. Housing, sectuity, mbsi5tence, clothing and medical care of 7. Detainee Day Rate: $62.43 persons detained b y the Bureau of Immigmtion and Customs Enforcement in accordance with the terms and conditions set fbrth herein. 8. Estimated detainee days per year 9. Type ofDetainee: IJ Adult Male IJ Adult Female 10. City/County or State Government Certification: Tothebest of my (our)knowledge and belid datasubmitted insupport ofthisagreementistrue and correct; thisagreement :. has been duly authorized by the governing body of the city/county or state government identijiedin block 5 above. The city/cougor state government identified shall comply with all provisions set forth herein. 440 /6*4 .3 -in QN Joev Matlock. Sheriff IDate) (Nae &Title typed or pribled) (Signatb,Dr V --- -3-1.9-/q ,Tohn Grubmigh Prestrling_Commissioner (Date) (Name &Title typed orprinted) (Sigre) Pate) (Nmne &Title typedorprinted) (Signature) (Date) (Name & Titte typed or printed) (For additional signatures, please attach anotherpage.) 11. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA, by direction of the UNDER-SECRETARY OF ng,BUREr AU OF IMMIGRATION AND CUSTOMS ENFORCEMENT. 114 6% 4 ittl64 _ Angela L. Avery 1 gk*) (Name typed or printed) Department ofHomeIand Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 Article L Purpose A Purpose. The purpose ofthis Intergovernmental Service Agreement (IGSA) is to establish an agreement between the United States Immigration and Customs Enforcement (ICE), a component ofthe Department ofHomeland Security, and Christian County Detention Center, Ozark, Missouri, a state or local government agency (Service Provider) for the detention and care ofpersons detained under the authority ofthe Immigration and Nationality Act, as amended. The term"Parties" is used in this Agreement to refer jointly to ICE and the Service Provider. The United States Marshals Service Oereinafter referred to as the "Marshals") are also authorized to use this Agreement in the detention ofpersons charged with, or convicted of; federal law or held as material witnesses (federal prisoners). The terms ofthis Agreement shall apply to the detention and care ofpersons authorized to be detained by the Marshals. B. Responsibilities. This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states thi services the Service Provider shall perfor* satisfactorily to receive payment from ICE at the prescribed rate. C. Guidance. The Parties will determine the detainee day rate in accordance with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments and the INS Cost Statement (Attachment A). Article IL General A Funding. The obligation ofICE to make payments to the Service Providerlis contingent upon the availability ofFederal funds. The ICE will however, neither present detainees to the Service Provider nor direct performance ofany other services until the ICE has the appropriate fimding. B. Subcontractors. The Service Provider shall notify and obtain approval Dom the ICE if it intends to house ICE detainees in a facility other than that specified on the cover page of this document. Ifeither that facility, or any future one, is operated by an entity other than the Service Provider, ICE shall treat that entity as a subcontractor to the Servi¢e Provider. The Service Provider shall ensure that any subcontract includes all provisions ofthis Agreement, and shall provide ICE with copies ofall subcontracts in existence during any part ofthe term ofthis Agreement. The ICE will not either accept invoices from, or make payments to, a subcontractor. 2 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 C. Consistent with law. Any provision ofthis Agreement contrary to applicable statutes, regulation, policies, or judicial mandates is null and void, but shall not necessarily affect the balance ofthe Agreement. Article III. Covered Services A. Bed space. The Service Provider shall provide adult male and female beds on a space available basis. The Service Provider shall house all detainees as determine,d within the classification system. The ICE will be financially liable onb' for the actual detainee days as defined in Paragraph C. ofthis Article. B. Basic needs. The Service Provider shall provide adult ICE detainees (gender as specified in Paragraph A. of this Article) with safekeeping, housing, subsistenc6, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, fire and safety codes, policies, and procedures. Ifthe Service Provider determines that ICE has delivered a person for custody who is under the age of 18, the Service Provider shall not house that person with adult detainees, and shall not® the ICE immediately. The types and levels of services shall be those the Service Provider routinely affords to other mmates. C. Unit ofservice and financial liability. The unit ofservice will be a "detainee day" (one person per day). The detainee day begins on the date ofarrival. The Service Provider may bill ICE for the date ofarrival but not the date ofdeparture. For example: If a detainee is brought in at 1900 Sunday and is released at 0700 on Monday, the Service Provider may bill for 1 detainee day. Ifa detainee is brought in at 0100, Sunday and is released at 2359 Monday, the Service Provider may bill for only 1 detainee day. The ICE shall be responsible to pay for only those beds actually occupied. D. Interpretive services. The Service Provider shall make special provisions for non- English speaking, handicapped or illiterate detainees. The ICE will reimburse the Service Provider for any costs associated with providing commercial written or telephone language interpretive services, and upon request, will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally (in English or the detainee's native language as appropriate) to detainees who cannot read. The Service Provider shall include the amount that the Service Provider paid for such services on their regular monthly invoice. The Service Provider shall not use detainees for translation services, except in emergency situations. Ifthe Service Provider uses a detainee for translation service, it shall notie ICE within 24 hours. 3 IJ Department of Homeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 Article ]V. Receiving and Discharging Detainees A. Required activity. The Service Provider shall receive and discharge detainees only ftom and to either properly identified ICE personnel or other properly identified Federal law enforcement officials withprior authorization from ICE. Presentation ofU.S. Government identiication shall constitute proper identification. The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days a week. ICE shall furnish the Service Provider with reasonable notice ofreceiving or discharging detainee(s). The Service Provider shall ensure positive identifiation and recording ofdetainees and ICE officers. The Service Provider shall not permit medical or emergency discharges except through. coordination with on-duty ICE officers. B. Restricted release of detainees. The Service Provider shall not release ICEt detainees ftom its physical custody to any persons other than those described in Paragraph A ofthis Article for any reason, except for ekher medical, other emergent situations, or in response to a federal writ ofhabeas co,pus. If an ICE detainee is sought for federal, state or local court proceedings, only ICE may authorize release ofthe detainee for such purposes. The Service Provider shallcontact ICE immediately regarding any such requests. C. Service Provider right ofrefusal. The Service Provider retains final and absolute right either to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or ofany detainee found to have a medical condition that requires medical care beyond the scope ofthe Service Provider's health provider. In the case ofa detainee already in custody, the Service Provider shall notilk the ICE and requ6st such removals, and shall allow the ICE reasonable time to make alternative arrangements for the detainee. D. Emergency evacuation. Inthe event ofan emergency requiring evacuation ofthe Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider's authority. The Service Provider shall notit ICE within two hours ofsuch evacuation. Article V. Minimum Service Standards The Service Provider shall: A. house ICE detainees in a facility that complies with all applicable fire and safety codes as well as ensure continued compliance with those codes throughout the duration of the Agreement. 4 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 B. provide guard personnel to ensure that there is a 24 hour visual supervision of detainees when housed in a dormitory type setting. The Service Provider shallvisually and physically check detainees in individual cells at least hourly. C. segregate detainees in custody by gender and by risk ofviolence to other detainees. D. provide a mattress, two sheets, blanket, pillowcase, and pillow to each detainee held overnight. E. provide a minimum ofthree nutritionally balanced meals in each 24 hour period for each detainee. These meals shall provide a total ofat least 2,400 calories per 24 hours. There will be no more than 14 hours or fewer than 4 hours between meals. The Service Provider will provide a minimum of two hot meals in this 24-hour period. F. provide medical services as described in Article VI below. G. provide a mechanism for confidential communication between ICE detainees and ICE officials regarding their case status and custody issues. The mechanism may bg through electronic, telephonic, or written means, and shall ensure the confidentiality ofthe issue and the individual detainee. : H. afford ICE detainees, indigent or not, reasonable access to public telephones for contact with attorneys, the courts, foreign consular personnel, family members and representatives ofpro bono organizations. I. permit ICE detainees reasonable access to presentations by legal rights groups and groups recognized by ICE consistent with good security and order. 1 afford each ICE detainee with reasonable access to legal materials for his or her case. The ICE will provide the required materials. The Service Provider will provide space to accommodate legal materials at no additional cost to ICE. @Tote: The ICE may waive this requirement where the average length ofdetention is 72 hours less.) K. afford ICE detainees reasonable visitation with legal counsel, foreign consular officers, family members, and representatives ofpro bono organizations. L. provide ICE detainees with access to recreational programs and activities as described in the ICE Recreation Standards to the extent possible, under appropriate conditions of security and supervision to protect their safety and welfare. 5 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 Article VI. Medical Services A. Auspices of Health Authority. The Service Provider shall provide ICE detainees with onsite health care services under the control ofa local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on site. B. Level of Professionalism. The Service Provider shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certifications, anli/or registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence ofa healthcare professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by the United States Public Health Service wSPHS) Divihion of Immigration Health Service (DIHS). Healthcare or health trained personnel may perform screenings. C. Access to health care. The Service Provider shall ensure that on-site medical and health care coverage as defined below is available for all ICE detainees at the facility for at least eight hoursper day, seven days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff The Service Provider shall furnish the detainees instructions in his or her native language for gaining access to health care services as prescribed in Article III, Paragraph D. D. On-site healthcare. 'The Service Provider shall filmish on-site health care under this Agreement. The Service Provider shall not charge any ICE detainee an additional fee or co-payment for medical services or treatment provided at the Service Provider's facility. The Service Provider shall ensure that ICE detainees receive no lower level of on-site medical care and services than those it provides to local inmates. On-site health care services shall include arrival screening within 24 hours of arrival at the Facility„sick call coverage, provision ofover-the counter medications, treatment ofminor injuries (e.g., lacerations, sprains, contusions), treatment ofspecial needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. E. Arrival screening. Arrival screening shall include at a minimum, TB symptom screening, planting ofthe Tuberculin Skin Test (PPD), recording the history ofpast and present illnesses (mental and physical)- 6 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 F. Unacceptable medical conditions. Ifthe Service Provider determines that a ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing Iiib support, uncontrollable violence), the Service Provider shall notit ICE. Upon such notification tile Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition ofthat detainee. 1 G. Pre-approval for non-emergent off site care. The DIHS acts though the agent the final health authority for ICE on all off-site detaince medical and health related Anatters. The relationship of the DIE to the detainee equals that ofphysician to patient. The Service Provider shall release any and all medicalinformation for ICE detainees to thel DIE representatives upon request. The Service Provider shall solicit DIHS approval before proceeding with non-emergency, off-site medical care (e.g. offsite lab testing,1 eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non-routine, off-site medical/health services to DIHS (See Attachment D). For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution is more cost-effective or more aptly meets the needs ofICE and the detainee. The ICE may refuse to reimburse the Service Provider for non-emergency medical costs incurred that were not pre-approved by the DIHS. The Service Provider shall send all requests for pre-approval for n6n-emergent off-site care to: ICE Health Services 1220 L Street, NW PMB 468 Washington, D.C. 20005-4018 Telephone: (703) 541 2155 Fax: (202) 318 0080 The Service Provider is to notify all medical providers approved to finnish offlsite health care ofdetainees to submit their bills in accordance with instructions provided to: BCE Emergis DIHS Claims P.O. Box 10250 Gaithersburg, MD, 20898-0250 Telephone (888) 383-3922 Fax: (888) 383-3957 7 Department of Homeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Outrk, MO. ACD-4-H-1002 H. Emergencv medical care. The Service Provider shall furnish 24-hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's health. The Service Provider shall have access to an offsite emergency medical provider at all times. The Health Authority ofthe Service Provider shall noti* the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph G above as soon as possible, and in no case more than 72 hours after detainee receipt ofsuchcare. The Health Authority will obtain pre-authorization from the DIE Managed Care Coordinator for service(s) beyond the initial emergency situation. I. Offsite guards. The Service Provider shall, without any additional charge to ICE, provide guards during the initial eight hours detainees are admitted to an outside medical facility. Ifnegotiated with ICE, the Service Provider shall provide guards beyond the initial eight-hour period, at the regular hourly rate ofthose guards. Absent such an arrangement, ICE will be responsible for providing the guards at the end ofthe initial eight-hour period. The Service Provider shall not, however, remove its guards until ICE personnel relieve them. The Service Provider shall submit a separate invoice for guard services beyond the initial eight hours with its regular monthly billing. J. DIHS visits. The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose ofliaison activities with the Health Authority and associated Service Provider departments. Article VII. No Employment ofUnauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, persons detained for ICE shall not be required to perform manual labor. Article VIII. Period of Performance This Agreement shall remain in effect indefinitely, or until terminated by either Party upon 60 days written notice, unless an emergency situation requires the immediate relocation of detainees, or the Parties agree to a shorter period under the procedures prescribed in Article X. 8 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 Article IX. Inspection and Access to Records A. Jail Agreement Inspection Report. The Service Provider shall allow ICE to conduct inspections ofthe facility, as required, to ensure an acceptable level of services: and acceptable conditions ofconfinement as determined by the ICE. No notice to,the Service Provider is required prior to an inspection. The ICE will conduct such inspections in accordance with the Jail Agreement Inspection Report a copy ofwhich is included as Attachment E to this Agreement. The Jail Inspection Report stipulates minjmum requirements for fire/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, confidential communication, telephone access, legal counsel, legal library, visitation, and recreation. The.ICE will share findings ofthe inspection with the Service Provider's fhcility administrator to promote improvements to fhcility operation conditions ofconfinement, and level ofservice. B. Possible termination. If the Service Provider fails to remedy deficient service ICE identifies through inspection, ICE may terminate this Agreement without regard to the provisions ofArticles VIII and X. C. Share findings. The Service Provider shall provide ICE copies offacility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Detainee Records. The Service Provider shall upon request, grant ICE access to any record in its possession (regardless ofwhether the Service Provider created the record) concerning any alien whom it has detained pursuant to this Agreement. This right of access shall include, but not be limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the Alien's behavior while in Service custody. Furthermore, the Service Provider shall retain all records where this right ofaccess applies. The retention period will be at least two years ftom the date ofthe detaillee's discharge ftom the Service Provider's custody. Article X. Modifications and Disputes A. Modifications. Actions other than those designated in this Agreement will not bind or incur liability on behalf of either party. Either party may request a modification to this agreement by submitting a written request to the other. A modification will become part ofthis Agreement only after the ICE Contracting Officer and the authorized signatory of the Service Provider bave approved it in writing. 9 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 B. Disputes. The ICE Contracting Officer and the authorized signatory ofthe Service Provider are the parties to settle disputes, questions, and concerns arising ftomithis Agreement. Settlement ofdisputes shall be memorialized in a written modification between the ICE Contracting Officer and authorized signatory ofthe Service Povider. Article XI. Adjusting the Detainee Day Rate The ICE shall reimburse the Service Provider at the detainee day rate shown on the cover page ofthis document. The Parties may adjust that rate 12 months after the date of signing, and every 12 months thereafter. The Parties shall base the rate and adjustments on the principles set forth in OMB Circular A-87. Such adjustments shall be effective on the first day ofthe month following execution ofthe modification. Article XII. Enrollment, Invoicing, and Payment A. Enrollment in electronic fimds transfer. The Service Provider shall provide the ICE office with the information needed to make payment by electronic funds transfer (EFT). As of January 1,1999, ICE will make all payments oDly by EFT. The Service Provider shall identi* their financial institution and related information on Standard Fonn 3881, Automated ClearingHouse (ACH) Vendor/Miscellaneous Payment Enrollment Form, (Attachment C). The Service Provider shall submit a completed SF 3881 to the ICE payment office prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment office. B. Invoicing. The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name ofeach INS detainee, his or her A-number, and his or her specific dates of detention; the total number ofdetainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing ofall other charges; and the name, title, address, and phone number ofthe local official responsible for invoice preparation. The Service Provider shall submit monthly invoices within the first ten working days ofthe month following the calendar month when it provided the services, to: United States Immigration and Customs Enforcement _9747 NW Conant Kansas Citv. Missouri 64153_ ATIN: Deportation Unit Phone: (816) 891 0676 Fax: (816) 891 7398 10 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD+H-1002 For detainees ofthe United States Marshals Service, the Provider shall prepare and submit an itemized invoice for the services provided to the Marshals each month, in arrears. The invoice is to be submitted to the following location: The U.S. Marshal's Service U.S. Courthouse 400 E. 98, Suite 3740 Kansas City, Missouri 64106 PAYMENTS OF THE SERVICE WILL BE ISSUED FROM: United States Immigration and Customs Enforcement Finance Officer (ACDFIN/VOUCHERS) P.O. Box 560947 Dallas, Texas 75356-0947 PAYMENTS OF MARSHAL'S INVOICES WILL BE ISSUED FROM: US. Marshal's Service US. Courthouse 400 E. 9', Suite 3740 Kansas City, Missouri 64106 C. Pavment. The ICE will transfer funds electronically through either an Autoinated Clearing House subject to the banking laws ofthe United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. Tlie Act requires ICE to make payments under this Agreement the 308 calendar day after the Deportation ofice receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer offunds, shall constitute the payment date. The Act requires ICE to pay interest on overdue payments to the Service Provider. The ICE will determine any interest due in accordance with the Act. Article XIII. Government Furnished Property A. Federal Propertv Furnished to the Service Provider. The ICE may furnish federal property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody ofICE upon termination ofthe agreement. The suspension ofuse ofbed space made available to ICE is agreed to be grounds for the recall and return ofany or all government furnished property. B. Service Provider Responsibilitv. The Service Provider shall not remove ICE property from the facility without the prior written approval ofICE. The Service Provider shall report any loss or destruction of such property immediately to ICE. 11 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 Article XIV. Hold Harmless and Indemnification Provisions A. Service Provider held harmless. The ICE shall, subject to the availability offimds, save and hold the Service Provider harmless and indemnity the Service Provider against any and aliliability claims and costs of whatever kind and nature, for injury to or death ofany person(s), or loss or damage to any property, which occurs in connection with or incident to performance ofwork under the terms ofthis Agreement, and which results from negligent acts or omissions ofICE officers or employees, to the extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government held harmless. The Service Provider shall save and hold harmless and indemnilk federal government agencies to the extent allowed by law against any and all liability claims and costs ofwhatsoever kind and nature for injury to or death ofany person or persons and for loss or damage to any property occurring in connection with, or in anyway incident to or arising out ofthe occupancy, use, service, operation or performance ofwork under the terms ofthis Agreement, resulting ftom the negligent acts or omissions ofthe Service Provider, or any employee, or agent ofthe Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law. C. Defense of suit. In the event a detainee files suit against the Service Provider contesting the legality ofthe detainee's incarceration and/or immigration/citizenship status, ICE shall request that the U.S. Attornefs Office, as appropriate, move either to have the Service Provider dismissed from such suit, to have ICE substituted as the proper party defendant, or to have the case removed to a court ofproper jurisdiction. Regardless ofthe decision on any such motion, ICE shall request that the US. Attorney's Office be responsible for the defanse ofany suit on these grounds. D. ICE recovery right. The Service Provider shall do nothing to prejudice ICE' right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request ofthe Contracting Officer, the Service Provider shall, at the ICE' expense, filrnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution ofsuit and execution ofthe instruments ofassignment in favor bfINS in obtaining recovery. Article XV. Financial Records A. Retention ofrecords. All financial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement 12 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 shall be retained by the Service Provider for at least three years for purposes offederal examinations and audit. The 3-year retention period begins at the end ofthe first year of completion ofservice under the Agreement. Ifany litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration ofthe three year period, the records must be retained until completion ofthe action and resolution ofall issues which arise from it or until the end ofthe regular three year period, whichever is later. B. Access to records. The ICE and the Comptroller General ofthe United States, or any oftheir authorized representatives, shall have the right ofaccess to any pertinent books, documents, papers or other records ofthe Service Provider or its sub-recipients. Which are pertinent to the award, in order to.make audits, examinations, excerpts, and transcripts. The rights ofaccess must not be limited to the required retention period, but shalllast as long as the records are retained. C. Delinquent debt collection. The ICE will hold the Service Provider accountable for any overpayment or any breach ofthis Agreement that results in a debt owed to the Federal Government. The ICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article XVI. Transportation THE FOLLOWING SECTION APPLIES TO INS DETAINEES ONLY. Transportation Services. The Service Provider agrees to provide transportation services for Service detainees between the Provider's facility in Ozark, Missouri, apprehension points, the ICE Quick Response Team (QRT) Office in Springfield, Missouri and other delivery points as determined necessary by the ICE. The purpose of such transportation shall be for booking detainees into or out ofthe facility or into the custody of the ICE and booking new inmates from the custody of the Service into the facility. The Provider shall utilize transportation vehicles equipped with appropriate safety equipment as required by and in compliance with State of Missouri standards for prisoner transport. Two uniformed qualified law-enforcement or correctional security officers employed or contracted by the Provider under their policies, procedures and practices shall be assigned to each vehicle on each trip. These officers must be appropriately licensed and certified for those duties pursuant to the State ofMissouri and U.S. Department ofTransportation regulations. Reimbursement for transportation services, other than for such services between the Providers facility in Ozark, Missouri and the ICE QRT Office in Springfield, Missouri which are considered to be part of the manday rate, shall be paid at the rate of twelve 13 Department ofHomeland Security United States Immigration and Customs Enforcement Intergovernmental Service Agreement for Housing Federal Detainees Between United States Immigration and Customs Enforcement and Christian County Detention Center, Ozark, MO. ACD-4-H-1002 dollars and ninety-six cents ($12.96) per hour for each transporting officer and a round trip mileage equaling the General Services Administration approved mileage rate (currently 37.5 cents per mile, but subject to change on occasion). Service Provider shall maintain a transportation log documenting an transportation services (date, origin, destination, time, mileage, etc...). Provider is to invoice ICE for services rendered as a separate line item on the periodic billing for detention. A copy of the transportation log shall be attached to all invoices that contain charges for transportation services. Bag Lunches. The Service Provider agrees to provide ICE detainees with bag lunches for use when detainees are transported during a meal period. Reimbursement for meals will be at the rate of ($2.00) two dollars per meal The meal will include, at the minimum, a sandwich, tuit, potato chips and beverage. Provider is to invoice ICE for services rendered as a separate line item on the periodic billing for detention. Off-site Guard Services: The Service Provider agrees to provide additional offsite guard services for Bureau detainees for the ICE Quick Response Team (QRT) Office in Springfield, Missouri. The purpose ofsuch services shall be for guarding detainees off-site to assist ICE with operations as necessary. Uniformed qualified law-enforcement or correctional security officers employed or contracted by the Provider under their policies, procedures and practices shall be assigned as guards for these purposes. These officers must be appropriately licensed and certified for those duties pursuant to State of Missouri regulations. Reimbursement for off-site guard services shall be paid at the rate of twelve dollars and ninety-six cents ($12.96) per hour for each guard. Service Provider shall maintain a guard services log documenting all guard services (date, origin, destination, time, mileage, etc...). Provider is to invoice ICE for services rendered as a separate line item on the periodic billing for detention. A copy of the guard services log shall be attached to all invoices that contain charges for guard services. End ofdocument Attachments: A INS Cost Statement Form B. DIHS Pre-authorization Form C. SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form (Note: ICE Detention Standards can be found on http:Nonlineplus.ins/graphics/lawsregs/guidance.htm) 14 .. CHRISTIAN CO SHERIFF 417 581 1641 11/20/09 10:46=m P. 002 ACD-4-H-1002 U.S. Department of Justice ' Page I of 6 Immigration & Naturalization Service Jail Services Cost Statement . Summary Statement J - Instructions: The City/County/State Government must submit this completed form to the appropriate INS contracting officer prior to the negotiation of an Intergovernmental Service Agreement (IGSA) for jail services. The INS may request additional supportingdata. OMB Circular No. A-87as amended 8/29/97, sets forth the principles and standards fr determining allowable costs for Federal agreements with state and local governments. If additional guidance is required, please contact the cognizant INS contracting officer. 1 Nameonail Ckr.'Sl,Dp Co..J-> 34,2,-Fip b £1'4rk.,i-+ Phone Number 9 11 -5 8 1- 1 976.. Mate Female Juvenile Total Physical Location of Jail Facility Average DailvPopulatioq 35- 4 0 1.9 C C., D . - Capacitv of the Jail 22- .11 -4/I. 9* 110 uP. 61. at. ·RA-71) Daark /wo, 6.5-7 21 SUMMARY OF JAIL ANNUAL OPERATING COSTS: 1. Personnel Costs (Schedule A).....,......................,....,........,..,........,..............,..,...,...$47/, 76 2 A; 2. Contracted Service Costs (Schedule B) ..... % 11 1 ps-5-1. 00 3. Direct Costs (Schedule C) 40'.00 4. Indirect Costs (Schedule D) " r 5 Income/credits 1 92, 0079.00 6. Total Estimated Operating CosrFor'Ihis Fiscal Year (add lines 1,2,3,4 and 5)...................$13.5,8 38£>.91 PROPOSED DETAINEE DAY RATE (line 6 divided by 365, divided by the total average . ./. 14 A daily jail population) L6-Ly-3 Certification Statement This is ro cerlify that I have reviewed the data and to the best ofmy knowledge and belief: 01 All costs inpluded in this cost statement are allowable in accordance with the requirements'of OMB Circular A- 87, "Cost Principles for State and Local Governments." All unallowable costs have beenexcluded. (2) All costs included in this cost statement are properly allocable to the Federal jail agreement. Costs treated as indirect costs have not been claimed as direct costs. Like types of costs have been accouAted for consistently. 01 The City/County/State records supportmg this cost statement are available for review andaudit by an authorized representative ofthe Federal Government./ 7 . / /- A p-in_ I Signature of aiithorized signatorA-·19[. L// W.G3jl,DZJL Typed Name o f Official: n Jor,1 ./4 0.4-\0614 Title:_ 5 1 84 + AD- Date: /O-10 -O.3 I Name(s) and Phone nos. of Person(s) authorized to negotiate rates on behalf of the ciy, county, or state: 3-D tl Mqtlock , Jork N*.'hAn i.rz. (1,7,3-91.133 1- , 22992 6:=2 7..':.Sl*N