Multl·Agenjcy Detentlan Servlcell Inte .... ovemm.

ntal All'ellment

2. Date 3. FarHlnl
July 1, 2007 4Z7
s. Govemment

Marshals Servl~ Dekalb County Detention Center

&. Prisoner Operations Division 2BOl Jordan R08d, S.W.
DC 20530-1000 Ft. Payne, AL 36968

7. Person
b6,b7c Jail Administrator

13.
Guard Hour Rate: $13.00
shall be reimbursed by the Federal Govemment lit the GSA
Travel RGte.

knowledge lind belief,

,1-1,.,..11+1,11"1 In support of this
true ana correct, this document
IJuthorlzed by the body governing
or Agency lind the
DFlIr'J~lttmJ~nt
Agency will comply wIth all
forth herein.
oale
16. &. Detainee Type

Signature
Gale Watkins
Name

Grants Analyst
Title Date
Agreement Number 19-07-0052
I
A thorlty •........• , .• ".. , .•• 41 •••• , , , ••••• I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , • " • • • • • • • • • • • • • • • • • " 3
P rpose of Agreement and Security Provided .................................. 3
P rlod of Performance.,.I.I .....................•........ 4
III • • • • • • • • • • • • • • • • • , • • • • • • • • • • t

slgnment and Outsourcing of Jail Operations ............................... 4

M dlcal Services ..........•.. 4
41 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • , , , • • • • • • • • • • • • • • • • • •

R celvlng &. Discharge of Federal Detal~ees .................................... 5

G ard/Trahsportatlon Services to Medical Facility ............................ 6
G ard/Transportatlon Services to U.S. Courthouse .......................... 6
5 eclal Notifications 7
III • • • • • • • • • • I • • • • • • • • • I • • • • • • • • • " • • • • • • I • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

A mlnlstrative Orders &. Agency Instructions ................................... 8

S rvlce Contract Act ".••. , .•...•.. ,., .. " •.... , . , •, . , . , ...... , ............ , . . . .. .. . . . . . .. 8
~ r--£)/Et177 FtcI~ •. , ..•••.•...•.•••.... , •.•.....•••.•.•....•••••...•.•..•..••...••.•.•.••.... fI
81 ling and Financial Provisions ...................................................... 9
P yment Procedures ........................................................... '., ...... 10
I spectlons of Services ........................................... I', .•••••• 10 III • • • I ••• : ••

LI bility •..... I ' • • • I • • • • • • • • • • • I • • • • • • • I" • • • • • • • • • ' • • • • , II I'" •••••••••••••• , . ' •• 1 •• , ••••• , .10

Page 2 of 11
A reement' Number 19-07·0052

P rsuant to the authority of SectlC?n 119 of the Department of Justice

A proprtattons Acts of 2001 (Public Law 106-553), this Agreement Is entered
In 0 between the United States Marshals Service (hereinafter referred to as
th "Federal Government,,) and Dekalb County, AL (hereinafter referred to as
"L cal Government"), who hereby agree as follows:

. P rpo.. of Agreement and Securtty Provided

I
T e Federal Government and the Local Government establish this Agreement
th t allows three (3) Federal'Government components, specifically, the
U lted States Marshals Service (USMS) and the Federal Bureau of Prisons
( OP) of the Department of Justice (OOJ); and the United States
I migration and Customs Enforcement (ICE) of the Department of Homeland
S:CUrity (DHS), to house federal detainees with the Local Government a~ the
o kalb County Detention Center (hereinafter referred to as "the fadlltyU).
F r purposes of this Agreement, the term "Federal Government", as used
h rein, shall mean any and all of the three Federal Government components.
r sponslble for housing federal detainees, e.g. any notices required to be
p oVlded to the Federal Government, Including Invoices, shall be provided to
t e specific Federal Government component responsible for each federal
d talnee, or material witness.
I
The population, hereinafter referred to as "federal detainees," will be .

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dlviduals sentenced or charged with federal offenses and detained while
a altlng trial or sentencing awaiting designation and transport to a BOP
dUty, a hearing on their Immigration status, or deportation.
I
e Local Government shall accept and provide for the secure custody,

i
5 fekeeplng·, housing, SUbsistence and care of federal detalne8$ In
a cordence with state and local laws, standards and procedures, or court
o ders applicable to the operations of the facility, conSistent with federal law,
p IIcles and regulations. Unless otherwise specified by this Agreement, the
Lbcal Government Is required, In units housing federal detainees, to perform
i~ accordance with the most current versions of the mandCJtory standards of
t~e American COrrectional ASSOCiation (ACA) "Standards for Adult Local
etentlon Facilities (ALDF)n, and the essential National CommIssion on
rrectlonal Health Care (NCCHC) Standards, and the Federal' Performance-
b sed Detention Standards Cwww.ysdoi.QOv/ofdVstSndards.htm). In addition,
here ICE federal detainees are housed, the ICE federal detainees are to be
h used In accordance with ICE Standards
( • In cases where other
s andards conflict with DOJ/OHS/lC! policy or standards, DOJ/OHS/lCE
p !Icy and standards prevail.

Page 3 of 11
Agreement Number 19-07-0052

A~all times, the Federal Government shall have access to the facility and to
th federal detainees housed there, and to all records pertaining to this
A reement, Including financial records, for a period not less than 3 years.

T~IS Agreement shall not affect any pre-existing, unrelated agreements

~een the parties or with any other third party or parties.

P_rlod of Parfonnance
;
II •

T Is Agreement Is effective upon the date of Signature of both partIes, and

re alns In effect unless terminated by either party with written notice. The
L I Government shall provide no less than 120 calendar days notice of
th ir Intent to terminate. Where the Local Government has receIved a
C operative Agreement Program (CAP) award, the termination provisions of
th CAP prevail.
i
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*Ignment and Outsourcing of Jail Operations
I

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erall management and operation of a facility housing federal detainees
m y not be contracted out without the prior express written consent of the
F deral Government.

M~dlcal Services -L",*,')

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T~ Local Government Is financially responsible for all medical treatment·
p vlded to federal detainees within the faCility. The Local Government shall
p vide the full range of medical care required within the facility Including
d ntal care, mental health care, pharmaceuticals, and record keeping, as
n$essary to meet the essential standards of the National Commission of
C rrectlonal Health Care's Standards for Health Services of Jails (current
e Itlon).
T~e Local Government will submit to the Federal Government requests for
a proval of all treatment to be provided outside the facility. The Federal
G vemment shall be responsible for the cost of approved outside medical
t atment. .

In the event of an emergency, the Local Government shall' proceed

I mediately with necessary medical treatment. In such an ·event, the Local
G vernment shall notify the Federal Government Immediately regarding the
n ture of the federal detainee's Illness or Injury, type of treatment provided,
a d the estimated cost thereof.
T e Local Government shall promptly forward medical Invoices for outside
m dlcal care to the Federal Government wIthin 30 days of receipt.

Page 4 of 11
Agreement Number 19-07-0052

Th facility shall have In place an adequate Infectious disease control

pr gram, which Includes testfng all federal detainees at the facility for
tu erculosls (TB) as soon as possible upon Intake (not to exceed 14 days)
an read within 72 hours. TB testing shall be accomplished In accordance
wi h the latest CDC Guidelines and the results documented on the federal
de alnee's medical record. The Local Government shall Immediately notify
th Federal Government of any cases of suspected or active TB so that any
sc eduled transports or production can be delayed until a physician verifies
th federal detainee's TB status.

W en a federal detainee Is being transferred and/or released from the

fa IIIty, they will be provided with seven days of prescription medication
w Ich will be dispensed from the facility. When possible, generic medications
sh uld be prescribed. Medical records must travel with the federal detainee.
If he records are maintained at a medical contractor's fadllty, It Is the Local
G vernment's responsibility to obtain them before a federal detainee
'S moved.

F deraJ detainees may be charged a co-payment for medical services

p vided by the Local Government. The Local Government shall administer
th program in accordance with the Federal Prisoner Health Care Co-Payment
A of 2000 (Title 18401 3d). This statute does not cover ICE federal
d talneeSi co-payments shall not be collected from ICE federal detainees
u der At£! circumstances.
I
R elvlng & Discharge of Federal Detain...

e Local Govemment agrees to accept federal detainees only upon

p sentatlon by a law enforcement officer of the Federal Government with
p per agency credentials.

e Local Government shall not relocate a federal detainee from one facility
u der Its control to another facility not described in this Agreement wIthout
p rmlsslon of the Federal Government.
I

;t Local Government agrees to retease federal detainees only to law

e forcement officers of the Federal' Government agency Initially' committing
th federal detainee (I.e., DEA, ICE, etc.) or to a Deputy United States
M,rshal (DUSM). Those federal detainees who are remanded to custody by a
DlIJSM may only be released to a DUSM or an agent specIfied by the DUSM of
th Judicial District.

U MS federal detaInees sought for a state or tocal court proceeding must be

a ulred through a Writ of Habeas Corpus or the Interstate Agreement on
o talners and then only with the concurrence of the district
U Ited States Marshal (U5M).

Page Sof11
A reement Number 19-07-0052

Ie federal detainees shall not be released to the custody of other Federal,

st te, or local officials for any reason, except for medical or emergency
sit atlons, without express authorization of ICE.

G ardlTranaportation Services to Medical Facility

T~Loca, Government agrees, upon request of the Federal Government i~

w ose custody a prisoner Is held~ to provide transportation and escort guard
se Ices for federal prisoners housed at their fadllty to and from a medical
fa IIIty for outpatIent care, and transportatIon and stationary guard services
fo federal prisoners admitted to a medical facility.
\

S4ch services will be performed by at least two armed qualified law

elforcement or correctional officer personnel employed by the Local
G vemment under their policies, procedures, and practices. The Local
G vemment agrees to augment such practices as may be requested by the
U M to enhance specific requirement for security, prIsoner monitoring, .
vI Itatlon, and contraband control.
I

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! e Local Government will continue to be liable for the actions of Its
e ployees while they are transporting federal prisoners on behalf of the
U MS. Further, the Local Government will also continue to provide worker:s'
c~pensatlon to Its employees while they are providing this service. It Is
fu er agreed that the local Jail employees will continue to act on behalf of
th Local Government In providing transportation to federal prisoners on
b half of the USMS. -
I
F -rthermore, the Local Government agrees to hold hannless and Indemnify
th USMS and Its officials In their official and Individual capacities from any
II blllty, Including third-party liability or workers' compensation, arising from
th conduct of the local jail employees during the course of transporting
fe eral prisoners on behalf of the USMS.

T~'e Federal Government agrees to reimburse the Local Government -at the
ra e stipulated on page one (1) of this agreement. Mileage shall be -
re mbursed In accordance with the current GSA mileage rate.
I
,G ardITranaportatJon Services to U.S. Courthouse

e Local Government agrees u'pon request of the USM In whose custody a

pr saner Is helij, to provide transportation and escort guard services for'
fe eral prisoners housed at their facility to and from the U.S. Courthouse.
Tr nsportatlon and escort guard services will be performed by at least two
ar ed qualified officers employed by the Local Government under their

Page 6 of 11
A1reement Number 19-07-0052

p lIeles, procedures, and practIces, and will augment such practices as may
b requested by the USM to enhance speclftc requirements for security,
p soner monItoring, and contraband control.

U on arrival at the courthouse, transportation and escort guard will tum

fe eral prisoners over to Deputy U.S. Marshals only upon presentation by the
d puty of proper law enforcement credentials.

T e Local Government will not transport federal prisoners to any U.S.

C urthouse without a specific request from the USM who will provide the .
p soner's name, the U.S. Courthouse, and the date the prisoner Is to
b transported.
E ch prisoner will be restrained In handcuffs, waist chains, and leg Irons
d ring transportation.

S*h
I
services will be performed by quallfted law enforcement or correctional
o cer personnel employed by the Local Government under thetr poliCies,
pr cedures, and practices. The Local Government agrees to augment such
pr~ctlces as may be requested by the USM to enhance speCific requirements
fofsecurity, prisoner monitoring, visitation, and contraband control.

e local Government will continue to be liable for the actIons of Its

e ployees while they are transporting federal prisoners on behalf of the
U MS. Further, the Local Government will also continue to provide workers'
co pensatlon to Its employees while they are providing this service. It Is
fu her agreed that the local jail employees will contInue to act on behalf of
th Local Government In providing transportatIon to federal prisoners on •
be alf of the USMS. .

Th Local Government agrees to hold harmless and Indemnify the USMS and
Its officIals In their official and Individual capacitIes from any liability,
in luding thJrd~party liability workers' compensation, arising from the conduct
of he local jaU employees during the course of transporting federal prisoners
on behalf of the USMS.

Th Federal Government agrees to reimburse the Local Government at th~

ra e spedfled on page one (1) of this agreement. Mileage Shall be
rei bursed In accordance with the current GSA mileage rate.
S clal Notifications
I
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Th Local Government shall notify the Federal Government of any actIvity by
a f, deral detainee which would likely result In litigation or alleged
crl Inal act:lvlty.

Th Local Government shall Immediately notify the Federal Government of an

es ape of a federal detainee. The Local Government shall use all reasonab!e

Page 7 of 11
Ag eement Number 19-07-0052

mans to apprehend the escaped federal detainee and all reasonable costs In
co nectton therewith shall be borne by the Local Government. The Federal
G vei"nment shall have primary responsibility and authority to direct the
p rsult and capture of such escaped federal det8lnees. Additionally, the .
I •
L~cal Government shall notify the Federal Government as soon as possible
w en a federal detainee Is Involved In an attempted escape or. conspiracy to
e cape from the facility.

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' the event of the death or assault of a federal detainee, the Local
Government shall immediately notify the Federal Government.
dmlnlstrativG Ord.... & Ag.ncy instruction. .
I •

i
or admInistrative convenience, the Federal Government may request
ervlces not I1sted in this Intergovernmental Agreement (IGA) (I.e. Guard
ervlce, Transportation, etc). Any IndIvIdual agency orders with the Local
ovemment shall clearly define the addItional services and/or procedures, a
asonable price, If any, and state that all other terms and conditions of this

fI
GA remain In effect.
arvtce Contract Act

~IS Agreement Incorporates the f01lowing clause by reference, with the

~ame force and effect as If It was given In fun text. Upon request, the full text
~III be made available. The full text of this provision may be accessed
rlectronlCallY at this address: www.amet.gov.

;Federal AcqUisition Regulation Clause(s):

52.222-41 Service Contract Act of 1965, as Amended (July 2005)

52.222-42 Statement of EquIvalent Rates for Federal Hires (May 1989)
52.222-43 Fair Labor Standards Act and the ServIce Contract Act - Price
Adjustment (Multiyear and Option Contracts) (May 1989)

The current local government wage rates shall be the prevailing wages unless
notlfled by the Federal Government.
Per-DIem Rata

The Federal Government will use various prtce analysis techniques and
procedures to ensure the per-diem rate established by this Agreement Is
considered a fair and reasonable price. Examples of such techniques indude,
but are not limited to, the following:
1. Comparison of the requested per-diem rate with the Independent
government estimate for services, otherwise known has the Core Rate;

Page 8 of 11
Agreement Num~er 19-07-0052
I

2. Comparison with per-diem rates at other state or local facilities of

simllar size and economic conditions;
3. Comparison of prevIously proposed prices and previous Federal
Government imd commercial contract prices with current proposed
prices for the same or similar Items;
4. Evaluation of the provided jall operating expense Information;

e flrm-flxed per-diem rate for services Is $47.00, and shan not be subject
t adjustment on the basis of the Dekalb County Detention Center's actual
c st experience In providing the service. The per-diem rate shall be fixed for
a period from the effective date of the Agreement forward for 36 months.
Teper-diem rate covers the support of one federal detainee per ~ederal
d tal nee day", which shall Include the day of arrival, but not the day of
d parture.
!

~fter 36 months, If a rate adjustment Is desired, the LDcal Govemment shall

Sebm't a request through the elGA area of the Detention Services Network
( SNetvyork). All Information pertaining to the jail on DSNetwori< will be
r qulred before a new per-diem rate can be considered.
I . •

e per-diem rate covers the support of one federal detainee per "federal
etalnee day", which shall Include the day of arrival, but not the day
f departure.

I1l1ng and Financial Provisions

ine Local Govemment shall prepare and submIt for certification and·
ayment, original and separate Invoices each month to each of the Federal
f,
I
ovemment components responsible for federal detainees housed at the
acUity. .

the addresses for the USMS components are:

Lnlted States Marshals Service
~orthem District of Georgia
~669 Federal Building
tlanta, GA 30303
404) 331-6833

o constitute a proper monthly Invoice, the name and address of the facility
he name of each federal detainee, their speclflc dates of conflnement, the '
otal days to be paid, the appropr1ate per diem rate as approved In the IGA,
and the total ~mount billed (total days multiplied by the rate per day) shall
be listed, along with the name, title, complete address and telephone number
,of the Local Government omclal responsible for Invoice preparation.

Page 9 of 11
A reement Number 19-07-0052

N thing contained herein shall be construed to obligate the Federal

G vernment to any expenditure or obligation of funds in excess of, or In
a vance of, appropriations In accordance with the Anti-Deficiency Act, 31
U.S.C. 1341.
P yment Procedures

e Federal Government will make payments to the Local Govemment on a

onthty baSiS, promptly after receipt of an appropl1ate Invoice.

e Local Government shall provide a remittance address below:

o kalb County DetentIon Center
2 01 Jordan Road, S.W.
F . Payne, AL 36968
I
",odiflcatlons and Disputes
i

ilther party may Initiate a request for

modification to this Agreement in
rltlng. All modifications negotiated will be effective only upon written
pproval of both parties.

isputes, questions, or concerns pertaIning to this Agreement will be

solved between appropriate officials of each party. Both the parties agree
t at they will use their best efforts to resolve that dispute In an Informal
shlon through consultation and communIcation, or other forms of non-
Indlng alternative dispute resolution mutually acceptal;lle to the parties.

I~spectlons of Servlce~

·I

e Local Government agrees to allow periodIc InspectIons of the facillty by

ederal Government Inspectors. Findings of the Inspection wtll be shared

E lth the facility administrator In order to promote Improvements to facility

perations, conditions of confinement, and levels of services. .

I
~Iabmty

e Local Government shall protect, defend, indemnify, save and hold

armless the Federal Govemment, DOl, DHS and Its employees or agents,
om and against any and all claims, demands, expenses, causes of action,
udgments and liability ariSing out of, or In connection with the performance
f this Agreement by the Local Government, Its agents, sub-contractors,
mployees, assignees or anyone for wham the Local Government may be
sponslble. The Local Government shall also be liable for any and all costs,
xpenses and attorneys fees Incurred as a result of any such claIm, demand,

Page 10 of 11 .
A reement Number 19-07-0052

c use of action, judgment or liability, Including those costs, expenses and

a omeys fees Incurred by the Federal Government, DOl, OHS and Its
e ployees or agents. The Local Government's liability shall not be limited by
a y provision or limits of Insurance set forth In the resulting agreement.
A ardlng the Agreement, the Federal Government does not assume any
II billty to third parties, In awarding and administering this Agreement, the
F deral Government does not assume any liability to third parties, nor wilt
e Federal Government reimburse the Local Government for Its l1ablllties to
t ird parties, with respect to loss due to 'death, bodlly Injury, or damage to
roperty resultlng In any way from the performance of the Agreement or any
bcontract under this Agreement.

he Local Government'shall be responsible for all litigation, Including the cost

f litigation, brought against It, Its employees or agents for alleged acts or
missions. The Federal Government shall be notified In writing of all
I tlgatlon pertaining to this Agreement and provIded copies of any pleadings
led or said litigation within five working days of the flUng.

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e Local Government shall cooperate with the Federal Government legal
aff and/or the United States Attorney regarding any requests pertaining to
ederal Government or Local Government litigation.

Page 11 of 11
U. S. Department of Justice
United States Marshals Service Modification of Intergovernmental Agreement

1. Agreement No. 2. Effective Date 3. Facility Code(s) 4. Modification No.5. DUNS No.
19-07-0052 See Block 13B. 4Z7 TWO (2)
6. Issuing Federal Agency 7. Local Government

United States Marshals Service Dekalb County Detention Center

Prisoner Operations Division 2801 Jordan Road, SW
Detention Operations - East Fort Payne, AL 35968
Washington, DC 20530-1000

8. Appropriation Data 9. Per-Diem Rate 10. Guard/Transportation Hourly Rate

15X1020 $ 47.00 $ 13.00

11. EXCEPT AS PROVIDED SPECIFICALLY HEREIN, ALL TERMS AND CONDITIONS OF THE IGA DOCUMENT
REFERRED TO IN BLOCK 1, REMAIN UNCHANGED. TERMS OF THIS MODIFICATION:

THE PURPOSE OF THIS MODIFICATION IS TO ADD IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)
TO THIS AGREEMENT. ICE IS ALSO ADDED IN THE TRANSPORTATION/GUARD SERVICES OF THIS
AGREEMENT.

BILLING AND FINANCIAL PROVISION SHOULD BE SENT TO:

U.S. IMMIGRATION & CUSTOMS ENFORCEMENT

ATTN: MARLENE CLOUD
1010 E. WHATLEY ROAD
OAKD~ 1463
(318) _ _

NO OTHER TERMS OR CONDITIONS OF THIS AGREEMENT ARE AFFECTED.

12. INSTRUCTIONS TO LOCAL GOVERNMENT FOR EXECUTION OF THIS MODIFICTION:

A. X LOCAL GOVERNMENT IS NOT REQUIRED B. D LOCAL GOVERNMENT IS REQUIRED TO SIGN

TO SIGN THIS DOCUMENT THIS DOCUMENT AND RETURN ALL COPIES TO
U.S. MARSHAL
13. APPROVALS

A. LOCAL GOVERNMENT B. FEDERAL GOVERNMENT

'::l. . Ba """" R, )
Signature Signature

TITLE DATE
Grants Analyst
TITLE
5iM09
ID E

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