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Home My WebLink About991708.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL SERVICE AGREEMENT FOR HOUSING FEDERAL DETAINEES AND AUTHORIZE CHAIR TO SIGN - UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute aid the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Intergovernmental Services Agreement for Housing Federal Detainees between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office, and the United States Immigration and Naturalization Service, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Services Agreement for Housing Federal Detainees between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the United States Immigration and Naturalization Service be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vole on the 26th day of July, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY RADO ATTEST: a , Da K. Hall, Chair Weld County Clerk to th o • - v° arbara J. Kirkmeye ro-Tem BY: /Au ; .� Deputy Clerkko,the � tJjA�A�' `� �� ti `t-J Geor1E. B er APPRO/ED/AS TO FORM: M.A �E6u Attorney /ti -- nty Attoey �� Glenn Vaad • 991708 CG: SO SO0019 OCT 28 99 '5: 51 FROM WELD CO SHERIFF OFC PPGE . E116 United States Department of Justice Immigration & Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees 1. Agreement Number 2, Effective as of' 3. Requisition Number Qr applicable) IGSA-A/ACD-99-6062 date in block 11 4. Issuing INS Office Address: 5. City/County/State Government: Immigration&Naturalization Service Weld County, CO Sheriff 7701 N. Stemmons 'Freeway Ed Jordan Dallas,TX 75247 910 10th Avenue Greeley, CO 80631 Contact Person: Carlos Flores Contact Person: Kim Flicthman,Business Manager Phonc: 214 905-5539 Phone: 970 3564025 X 4629 6. Services Covered by this Agreement: • . Housing,security,subsistence,clothing and medical care of 7. Detainee Day Rate: $ 59.0O persons detained by the ILLS,Immigration&Naturalization Service in acemdanee with the terms end conditions set forth herein. S. Estimated detainee days 800 par year 9. Type of Detainee: M Adult Male kX Adult Female 10. City/County or State Government Certification: To the best of my(our) knowledge and belief data submitted in support of this agreement is true and correct; this agreement has been duly authorised by the governing body of the city/county or state government identfed in block 5 above. The city/county or state government identified shall comply with all provisions set forth h€rein. Dale K. Hall, Chair 07/,.7G�'y4 _ Weld County Board of Commission rs (Signature) r (Date; (Name c&Tidt typed or printed) (Signature) (Date) (Name&Title typed or printed) --• — (Signature) (Date) (Name&Title typed or printed) (Signature) (Date) (Name&71t(e typed or printed) (For additional signatures.please inch another page.) 11. This agreement is hereby approved and accepted for THE UNITED STATES OF AMERICA, by direction of the OMMIpSIO2NER OF THE IMMIGRATION&NATURALIZATION SERVICE. t1 31 9"). ARTHUR 'S . COOPER III antedating,' cer Signature) (Dare) (Name typed or printed) • ** TOIRL PRGE . Ih- A' OCT 20 ' 99 5: 44 FROM WELD CO SHERIFF OFC PPGE . 003 IGSA-AJACD-99- 6 0 6 2 Department of Justice Immigration and Naturalization Service • Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO Article I. Purpose A. Purpose. The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between the Immigration and Naturalization Service (INS),.a component of the Department of Justice, and the Board of County Commissioner's of Weld County Sheriff's Office, CO for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. The term"Parties" is used in this Agreement to refer jointly to INS and the Service Provider. B. Responsibilities. This Agreement sets forth the responsibilities of INS and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from INS at th.e 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 (Attachment A) aad the INS Cost Statement (Attachment B). Article II. General A. Funding. The obligation of INS to make payments to the Service Provider is contingent upon the availability of Federal funds. The INS will, however, neither present detainees to the Service Provider nor direct performance of any other services until the INS has the appropriate funding. B. Subcontractors. The Service Provider shall notify and obtain approval from the INS if it intends to house INS detainees in a facility other than that specified on the cover page of this document. If either that facility, or any future one; is operated by an entity other than the Service Provider, INS shall treat that entity as a subcontractor to the Service Provider. The Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide INS with copies of all subcontracts in existence during any part of the term of this Agreement. The INS will not accept invoices from, nor make payme:ts to, a subcontractor. • C. Consistent with law. Any provision of this Agreement contrary to applicable statutes, regulation, policies, or judicial mandates is null and void, but shall not necessarily affect the balance of the Agreement. • •• 111/ 7pg •OCT 20 ' 99 5 : 44 FROM WELD CO SHERIFF OFC PPGF . 004 IGSA-AIACD-99- 6062 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO Article III. Covered Services A. Bed space. The Service Provider shall provide beds in the Centennial Jail, 910 10t Avenue, Greeley, CO 80631 and the North Jail Complex, 2110 "O" St., Greeley, CO 80631 on a space available basis. The Service Provider may spread the detainees throughout the jai:.population. The INS will be financially liable only for the actual detainee days as defined in Paragraph C. of this Article. B. Basic needs. The Service Provider shall provide adult INS detainees (gender as specified in Paragraph A. of this Article) with safekeeping, housing, subsistence, 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, polities, and procedures. If the Service Provider determines that INS 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 notify the INS immediately. The: types and levels of services shall be those that the Service Provider routinely affords to °trier inmates. C. Unit of service and financial liability. The unit of service will be a"detainee day" (one person per day). The detainee day begins on the date of arrival. The Service Provider may bit...INS for the date of arrival but not the date of departure. For example; If a detainee is brought in at 1900 Sunday and is relegsrd at 0700 on Monday, the Service Provider may bill for 1 detainee day. If a detainee i.s brought in at 0100, Sunday and is released at 2359 Monday, the Service Provider may bill for only 1 detainee day. The INS shall be responsible to pay for only those beds actually occupied. The per diem rate under this agreement is S per man day. 5`).cc D. Inter rep tive services. The Service Provider shall make special provisions for non- English speaking, handicapped or illiterate detainees. The Service Provider must obtain prior written approval by the INS to allow the INS to 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 cannel,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. ((Further, the Service Provider shall not use detainees for translation of official government services, except in emergency situations. If the Service Provider uses a detainee for official translations service, it shall abide by the previously submitted guidelines as related to INS.)) if the 2' OCT 20 ' 99 5 : 45 FROM WELD CO SHERIFF OFC PRGF . 005 IGSA-A/ACD-99.6 0 6 2 Department of Ju.stice Immigration and Naturalization Service Intergove.rntnental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriff's Office, CO Service Provider uses a detainee for translation service, it shall notify INS within 24 hours. Article IV. Receiving and Discharging Detainees A. Required activity. The Service Provider shall receive and discharge detainees only from and to either properly identified INS personnel or other properly identified Federal law enforcement officials with prior written authorization from INS. Presentation of U.S. Government idenlification shall constitute proper identification. The Service 'Provider • shall furnish receiving and discharging services twenty-four (24) hours per day, seven(7) days a week. The INS shall furnish the Service Provider with reasonable notice of receiving or discharging detainee(s). Reasonable notice is defined as a minimum of two (2)hour notification. The Service Provider shall ensure positive identification and. recording of detainees and INS officers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty INS officers. B. Restricted release of detainees. The Service Provider shall not release INS detainees from its physical custody to any persons other than those described in Paragraph A of this Article for any reason, except for either medical, other emergent situations, or in response to a federal writ cif habeas corpus. If an INS detainee is sought for federal, state or local court proceedings, only INS may authorize release of the detainee for such purposes. The Service Provider shall contact INS immediately regarding any such requests. • C. Service Provider right of refusal. The Service Provider retains final and absolute right either to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behav or, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider's health provider. In the case of a detainee already in custody, the Service Provider shall notify the INS and request such removals, and shall allow the INS reasonable time to make alternative arrangements for the detainee. D. Emergency evacuation. In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate INS 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 notify INS within two hours of such evacuation. Article V, Minimum Service Standards The Service Provider shall: A. house INS detainees in a facility that complies with all applicable fire and safety 3 OCT 20 ' 99 5: 45 FROM WELD CO SHERIFF OFC RRGE . 006 IGSA-AJACD-99-6062 Department of Justice Immigration and Naturalization Set-vice Intergovernmentcd Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriff's Office, CO codes as well as ensure continued compliance with those codes throughout the duration of the Agreement. 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 shall visually and physically check detainees in individual cells at least hourly. C. segregate detainees in custody by gender and by risk of violence to other detainees. D. provide a mattress, with a mattress cover, and when appropriate, a blanket to each detainee held overnight. E. provide a minimum of three nutritionally balanced meals in each 24 hour period for each detainee. These meals shall provide a total of at 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, however where the detainee is departing from the facility, the Service Provider shall provide a sack lunch, which may be in lieu of one hot meal. F. provide medical services as described in Article VI below. • G. provide a mechanism for confidential communication between INS detainees and INS officials regardir.g their case status and custody issues. The mechanism may be through electronic,telephonic, or written means, and shall ensure the confidentiality of the issue and the individual detainee. H. afford INS 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.INS detainees reasonable access to presentations by legal rights groups and groups recognized by INS consistent with good security and order. J. afford each INS detainee with reasonable access to legal materials for his or her case. The INS will provide the required materials. The Service Provider will provide space to accommodate legal materials at no additional cost to NS. (Note: The INS may waive this requirement where the average length of detention is 30 days or less.) K. afford INS detainees reasonable visitation with legal counsel, foreign consular officers, family members, and representatives of pro Bono organizations. 4 PAGE . 007 OCT 26 ' 99 5: 46 FROM WELD CO SHERIFF OFC IGSA-AlACD-99- 6062 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and.Naturalization Service and Weld County Sheriffs Office, CO L. provide INS detainees with access to recreational programs and activities as described in the INS Recreation Standards (Attachment C) to the extent possible, under appropriate conditions of security and supervision to protect their safety and welfare. Article VI. Medical Services A. Auspices of Health Authority. The Service Provider shall provide INS detainees with onsite health care services under the control of a 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 individuals providing all health care service providers utilized for INS detainees hold current licenses, certifications, and/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 of a health rare professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Service (DIHS). Healthcare or health trained personnel may perform screenings. C. Access to health care. The Service Provider shall ensure that onsite medical and health care coverage as defined below is available for all INS detainees at the facility for at least eight (S)hours per day, seven (7) 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. Qn site health care. The Service Provider shall furnish onsitc health care under this Agreement. The Service Provider shall not charge any INS 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 INS detainees receive no lower level of onsite medical care and services than those it provides to local inmates. Onsite health care services shall inclade arrival screening within 24 hours of arrival at the Facility, sick call coverage, provision of over-the-counter medications, treatment of minor injuries (e.g., lacerations, sprains, contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. 5 OCT 29 ' 99 5: 47 FROM WELD CO SHERIFF OFC F'aeF . 0©9 IGSA-A/ACD-99- 60 6 2 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriff's Office, CO E. Anitval screening. Arrival screening shall include at a minimum TB symptom screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses(mental and physical). {{ Results of such testing or conditions related to the detainee will be forwarded to the INS Contact Detention Facility medical staff upon release of the detainee in a sealed envelope.); F. Unacceptable medical conditions. If the Service Provider determines that an INS detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify INS. Upon such notification the Service Provider shall allow INS reasonable time to make the proper arrangements for further disposition of that detainee. G. DIMS Pre-annroval for non-emergent off site care. The DINS acts as the agent and final health authority for INS on all off-site detainee medical and health related matters. The relationship of the DIMS to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information for INS detainees to the DINS representatives upon request. The Service Provider shall solicit DIETS approval • before proceeding with non-emergency, off-site medical care (e.g. off site lab testing, 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. (Sec Attachment D.) For medical care provided outside the facility, the DIMS may determine that an alternative medical provider or institution is more cost- effective or more aptly meets the needs of INS and the detainee. The NS 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 requests for pre-approval and all medical providers approved to furnish off-site health care of detainees shall submit their bills to Up & Up Health. Service Health Services. Pre-approval requests for non-emergency care should be sent to the Managed Care Coordinator as shown on part H. below: UP & UP HEALTH SERVICES DIMS Claims P.O. Box 10250 Gaithersburg, MD 20898-0250 Phone: 1 (888) 383-3922 Fax: 1 (888) 383-3957 H. Emergency 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. 6 OCT 29 ' 99 5: 47 FROM WELD CO SHERIFF OFC PAGE . 009 • IGSA-A/AC:D-99- 6 0 6 2 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DINS Managed Care Coordinator: Captain Don Gabbert Managed Care Coordinator United States Public Health Service Division of Immigration Health Services USINS Staging Area 2800 S. Pipeline Road Euless, TX 76040 Phone: 1 800 218-5395 Pager: 1 (888) 766-8101 Fax: 1 817 545-668 as soon as possible, and in no case more than seventy-two hours after detainee receipt of such care. The Health Authority will obtain pre-authorization from the DINS Managed Care Coordinator for service(s) beyond the initial emergency situation. I. Off site ¢cards. The Service Provider shall, without any additional charge to INS, provide guards dining the initial 8 hours detainees are admitted to an outside medical facility_ If negotiated with INS, the Service Provider shall provide guards beyond the initial 8-hour period, at the regular hourly rate of those guards. Absent such an. arrangement,INS will be responsible for providing the guards at the end of the initial 8- hour period. The Service Provider shall not, however,remove its guards until INS personnel relieve them. The Service Provider shall submit a separate invoice for guard services beyond the initial 8 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 of liaison activities with the Health Authority and associated Service Provider departments. Article VII. No Employment of Unauthorized 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 INS shall not be required to perform manual labor. 7 OCT 28 ' 99 5 : 48 FROM WELD CO SHERIFF OFC PPGE . 010 IGSA-A/ACD-99- 6 0 6 2 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO 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. Article IX.. Inspection A. Jail Agreement Inspection Report. The Service Provider shall allow INS to conduct inspection, of the facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by the INS. No notice to the Service Provider i.s required prior to an inspection. The INS will conduct such inspections in accordance with the Jail Agreement Inspection Report a copy of which is included as Attachment E to this Agreement The Jail Inspection Report stipulates minimum requirements for fire/safety code compliance, supervision, segregation, eating utensils, meals, medical care, confidential communication, telephone access, legal counsel, legal library, visitation, and recreation. The INS will share findings of the inspection with the Service Provider's facility administrator to promote improvements to facility operation, conditions of confinement, and level of service. B. Possible termination. If the Service Provider fails to remedy deficient service INS identifies through inspection, I,NS may terminate this Agreement without regard to the provisions of Articles VIII and X. C, Share findings: The Service Provider shall provide INS copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. 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 of this Agreement only after the INS Regional Contracting Officer and the authorized signatory of the Service Provider have approved it in writing. B. Disputes. The INS Regional Contracting Officer and the authorized signatory of the Service Provider are the parties to settle disputes, questions, and concerns arising from this Agreement. Settlement of disputes shall be memorialized in a written modification between the INS Regional Contracting Officer and authorized signatory of the Service • OCT 28 ' 99 5: 48 FROM WELD CO SHERIFF OFC PPGE . O11 • IGSA-A/ACD-99-6 0 6 2 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriff's Office, CO Provider. Article XI. Adjusling the Detainee Day Rate The INS shall reimburse the Service Provider at the detainee day rate shown on the cover page of this 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 se:forth in OMB Circular A-87. Such adjustments shall be effective on the first day of the month following execution of the modification- If the Service Provider initiates the rate adjustment, they must notify the local office of the Service in writing at least 60 days prior to the desired effective date of the adjustment. Any rate increase must be justified in writing to the local Service office prior to being approved. Adjustments will be evaluated on the justification provided in accordance with OMB Circular A-87 and the reasonableness of the proposed adjustment. Article XII. Enrollment, Invoicing, and Payment A. Enrollment in electronic funds transfer. The Service Provider shall provide the INS office with the information needed to make payment by electronic funds transfer (EFT). The Service Provider shall identify their financial institution and related information on Standard Form 3861, Automated Gearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form, (Attachment F). The Service Provider shall submit a completed SF 3881 to the INS 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;updates,information to the INS 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 of each INS detainee,his or her A-number, and his or her specific dates of detention; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate ; an itemized listing of all other charges; and the name, title, address, and phone number of the local official responsible for invoice preparation. The Service Provider shall submit monthly invoices within the first ten working days of the month following the calendar month when it provided the services, to: The U.S. Immigration &Naturalization Service 4730 Paris St. Denver, CO 80239 ATTN: Detention and Deportation Unit Phone: 303 371-5606 9 OCT 20 ' 99 5 : 49 FROM WELD CO SHERIFF OFC PnGE . 012 IGSA-A/ACD-99- 5062 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Invnigration and Naturalization Service and Weld County Sheriffs Office, CO Fax: 303 361-0614 • C. Payment. The INS will transfer funds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement.The Act requires INS to make payments under this Agreement the 30th calendar day.after the ,Deportation office receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Act requires INS to pay interest on overdue payments to the Service Provider. The INS will detennine any interest due in accordance with the Act. D. Contact Persons. The Service Provider is advised to contact the following representative at the local Service offices for any matters related to this agreement; OPERATIONAL ISSUES Name: William Simmons Title: Deportation Officer Phone: 719 784-9100 Ext 4968 Pager: 719 584-5889 OR INVOICE/BILLING ISSUES Name: Amelia Sanchez Title: Detention& Deportation Assistant Phone: 303 371-5606 The Service may contact the following representative of the Provider for assistance in matters related to this agreement.: Name: KimIrliethman Phone: Business Manager Fax: 970 356-4025 Ext 4629 Article XIII. Government Furnished Property A. Federal Property Furnished to the Service Provider. The INS may furnish federal property and equipment to the Service Provider. Accountable property remains titled to INS and shall be returned to the custody of INS upon termination of the agreement. The suspension of use of bed space made available to INS is agreed to be grounds for the recall and return of any or all government furnished property. 10 OCT 28 ' 99 5 : 49 FROM WELD CO SHERIFF OFC FAGE . O1S IGSA-A/ACD-99-6062 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO B. Service Provider Responsibility. The Service Provider shall not remove INS property from the facility without the prior written approval of INS. The Service Provider shall report any loss or destruction of such property immediately to INS. Article XIV. Hold Harmless and Indemnification Provisions A. Service Provider held harmless. The INS shall, subject to the availability of funds, save and hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or incident to performance of work under the terms of this Agreement, and which results from negligent acts or omissions of INS officers or employees,to the extent that INS would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seg. B. Federal Government held harmless. The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or g crsons and for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the terms of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the 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 of the detainee's incarceration and/or immigration/citizenship status, INS shall request that the U.S. Attorney's Office, as appropriate, move either to have the Service ?rovider dismissed from such suit, to have INS substituted as the proper party defendant, or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, INS shall request that the U.S. Attorney's Office be responsible for the defense of any suit on these grounds. D. INS recovery right. The Service Provider shall do nothing to prejudice INS' right to recover against third parties for any loss, destruction of, or damage to U.S. Government property. Upon request of the Contracting Officer,the Service Provider shall, at the INS' expense, furnish to INS all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of INS in obtaining recovery. 11 OrT 2B ' 99 5 : 50 FROM WELD CO SHERIFF OFC . PAGE . 014 IGSA-AIACD-99- 6062 Department of Justice Immigration and Naturalization Service • Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriff's Office, CO Article XV. Financial Records A. )retention of records. All financial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement . shall be retained by the Service Provider for at least three years for purposes of federal examinations and audit. The 3-year retention period begins at the end of the first year of completion of service under the Agreement. If any litigation, claim,negotiation, audit, or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular 3-year period, whichever is later. B. Access to records. The INS and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-recipients. Which are pertinent to the award, in order to make audits, examinations, excerpts, and. transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquent debt collection. The INS will hold the Service Provider accountable for • any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. The INS 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. Provision of Space to INS and EOIR A. Service Provider responsibilities. The Service Provider shall provide suitable support, office and administrative space, for use by INS. As necessary, the Service Provider will provide sufficient safe and secure storage space for all INS detainee baggage. In addition,.the Service Provider agrees, if required, to furnish acceptable office and administrative space to the Executive Office of Immigration Review(EOIR). The Service Provider shall bear all costs associated with the use of jail and office space by . INS and BOW (e.g. those for preparing, operating and maintaining such facilities for INS and EOIR,•and incurred for temporarily relocating the Service Providers employees). The Service Provider shall equip the office and administrative space furnished to INS and EOIR with a telephone system compatible-with the federal telephone network. The Service Provider shall furnish the security and janitorial services for this space. The Service Provider shall include all costs associated with providing space or 5er/ices under this Paragraph in the calculation of the detainee rate day rate. (Note: the Service 12 OCT 28 ' 99 5 : 50 FROM WELD CO SHERIFF OFC FHGE . 015 IGSA-A/ACD-99-E 0 6 2 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Between the Immigration and Naturalization Service and Weld County Sheriffs Office, CO Provider shall have no obligation under this Paragraph unless the Parties negotiate specific terms for such space or services.) B. Federal Government responsibilities. The INS will incur the costs of installing computer cabling,telephone lines and any additional telephone trunk lines and telephone switch equipment which may be required. The.INS will be responsible for payment of INS long-distance telephone bills for INS staff. ARTICLE XVII. Special Conditions A. Non-assignment. Neither this Agreement, nor any interest may be assigned or transferred to any other party without the written approval by the Service. B. Use of the Facility by the Service Provider. By signing this Agreement, the signatory certifies that Weld County Sheriffs Office is using the named detention facility above for it's detention requirements. Signatory agrees to notify the Service within thirty (30) days of it's cessation of use of the facility. C. Facility Government Operated. By signing this agreement, the signatory certifies that Weld County Sheriff's Office is a legitimate governmental entity pursuant to State or Federal law and controls the operation of the Weld County Jail. THIS AGREEMENT IS SUBJECT TO THE AVAILABILITY OF CONGRESSIONALLY APPROPRIATED FUNDS TO THE SERVICE. INS CONCURRENCES Central Region Detention &Deportation ACD Finance • (notification) Attachments: A. OMB Circular A-87 B. INS Cost Statement Form C. INS Recreation Standards D. DINS Pre-authorization Form E. Jail Agreement Inspection Report F. SF 3881, ACH Vendor/Miscellaneous Payment Enrollment Form • 13 IGSA-A/ACD-99-6062 Attachment #C DETENTION STANDARDS DETAINED ALIEN RECREATION POLICY PURPOSE: This policy establishes the recreational standards for programs and activities that will be made available to persons detained by the Immigration and Naturalization Service (INS). H. AUTHORITY: The Attorney General is empowered by Sections 235 and 242 of the Immigration and Nationality Act (INA) and Title 8 United States Code, Section 1252 and 1225, to arrest and take into custody an alien pending a final determination of deportability. Pending a final determination of deportability and release from custody, the Commissioner of the INS, under the Attorney General's delegated authority, is charged with the safe, secure, and humane detention of aliens in INS custody. III. POLICY/STANDARD: A. It is the INS' policy to provide access to recreational programs and activities to all 1NS detainees, to the extent possible, under conditions of security and supervision that protect their safety and welfare. B. Compliance with this Policy and related Procedures will be applied in the following manner: Part I All Service Processing Centers and INS contract detention facilities. Part 2 All local jails, state facilities, or any detention facility used by the INS and not covered under Part 1. C. In addition to complying with Part I of this policy, all future INS Service Processing Centers (SPCs) or INS Contract detention facilities will incorporate the use of both indoor and outdoor recreation areas (as defined under this policy) for use by detainees. In addition to complying with Part 2 of this policy, all new and renegotiated contracts and Inter-Governmental Service Agreements (GSAs) will stipulate that INS detainees be afforded the opportunity to recreate daily. D. This policy may be temporarily suspended by order of a Regional Director under emergency circumstances. The Regional Director is required to notify the Executive Associate Commissioners for Operations and Programs for concurrence within 24 hours after this action is taken 1 IGSA-A/ACD-99-6062 IV. DEFINITIONS: DISCIPLINARY PANEL - One or more facility personnel who conduct and/or oversee disciplinary hearings. Disciplinary hearings on rule violations are conducted by an impartial person or panel of persons. A disciplinary hearing is a non judicial administrative procedure to determine if substantial evidence exists to find a detainee guilty of a rule violation. INDOOR RECRE ATION - A covered enclosed exercise/recreation area encompassing, 15 square feet per detainee for the maximum number of detainees expected to use the space at one time, but not less than 1000 square feet in total. INS CONTRACT DETENTION FACILITIES - INS contract detention facilities are those facilities that provide detention services to the INS under a competitively bid contract. Current INS Contract detention facilities are: Seattle; Denver; Laredo; and Houston. OUTDOOR RECREATION - An outdoor exercise/recreation area encompassing 15 square feet per detainee for the maximum number of detainees expected to use the space at one time, but not less than 1500 square feet in total. SERVICE PROCESSING CENTER (SPC) - Any facility where the primary operator and controlling party is the INS. Current SPCs are: San Pedro; El Centro; Florence; El Paso; Pon: Isabel; Krome; Aguadilla; Varick Street, and Boston. Planned Service Processing Centers include Buffalo and San Francisco. SPECIAL NEEDS DETAINEE - A detainee whose mental and/or physical condition requires special handling and treatment by staff. Special needs detainees include, but are limited to those who are: drug or alcohol addicts or abusers, the emotionally disturbed, mentally retarded, suspected mentally ill, and disabled or infirm. SPECIAL MANAGEMENT DETAINEE - An individual who presents a serious threat to the safety and security of the facility, staff, general detained population, or himself. SPECIAL MANAGEMENT UNIT - A unit housing detainees whose continued presence in the general population poses a serious threat to life, property, self, staff, or other detainees. VOLUNTEER CITIZEN/GROUPS - Individuals or groups who donate time and/or effort to enhance the activities and programs of the agency. They are selected based on their skills and personal qualities to provide services in a variety of activities such as recreation, counseling, education, and religion. 2 IGSA-A/AC D-99-60132 V. PROCEDURAL GUIDELINES -PART 1: (Service Processing Centers [SPCs] and INS Contract Detention Facilities) Every INS Service Processing Center (SPQ or INS contract detention facility shall provide an indoor or outdoor recreation program that includes leisure time activities. A. Applicability: Part I applies to SPCs and INS contract detention facilities. It shall be utilized to establish physical plant criteria for new or planned INS detention facilities. It shall be used when considering renewal of an existing contract or detention space agreement. B. Responsibility: A specified full-time employee in each facility with more than 100 detainees shall be designated as the Recreational Specialist. Facilities with a rated capacity of 400 or more detainees shall be required to maintain a minimum of one Recreational Specialist and one Recreation Assistant. The Recreational Specialist shall be responsible for development and oversight of the recreational program under the supervision of the Chief Detention Er.forcement Officer or designee appointed by the Facility Administrator. The Recreational Specialist shall be a full-time employee who has received special training, related to carrying out and oversight of a recreational program. The Recreational Specialist shall: 1 . Assess the leisure needs and interests of the detainee population. 2. Maintain recreational facilities and equipment in good condition. 3. Provide staff supervision for approved recreation activities. 4. Supervise detainees used as recreation workers. Use of recreation workers shall be at the discretion of each Facility Administrator based on operational needs and security of the facility. Recreation workers shall be screened and shall not supervise other detainees at any time. 5 Oversee recreation programs for Special Management and Special Needs detainees. C. Program Content: Recreational activities shall be based on the size and location of each facility. Recreational activities are restricted to limited-contact sport activities such as soccer, basketball and volleyball, table games, and sporting competitions between units when approved by the Facility Administrator. All programs and activities are subject to security and operational guidelines for each facility and may be limited at the discretion of the Facility Administrator. 3 IGSA-A/ACD-99-6062 General population housing units with dayrooms shall provide passive activities such as board games, and television. Activity items shall be provided to the detainee once per day. Dayroom activities shall be supervised by detention personnel. Each detainee shall be afforded the opportunity to participate in daily recreation. A minimum of one hour per day of recreation outside the detainee's living quarters shall be offered. Where available, a minimum of one hour per day, seven days per week, of outdoor recreation shall be offered to each detainee. Each facility has the discretion to offer access to a physical exercise area using a variety of fixed and mcvable equipment. No free weights of any type shall be provided for detainee use. Weight training, if provided, shall be limited to fixed weight equipment. If no outdoor recreation is available, the facility will ensure that detainees are offered the opportunity to perform some form of cardiovascular workout. This may be accomplished through placement of cardiovascular exercise machines in the indoor recreation area. Detention or recreation staff shall issue all portable equipment items. Staff will check all items for damage and the condition of the equipment upon return. Detention staff shall also conduct searches of recreation areas before and after their use to detect altered or damaged equipment, hidden contraband, and security breaches. Detainees housed in the Special Management Unit (SMU) shall not recreate with the general population. Special precautions shall be taken in those units to ensure that detainees needing separation from each other do not participate in recreation or any other leisure activity at the same location. (For further information, refer to "R_ecreation for Special Management Unit" section, Page 5) Staff supervision of all recreation areas shall be constant. Supervising detention personnel shall be equipped with radios to maintain contact with the control center. Detainees moving to recreation areas from locked cells or housing units shall be searched as necessary to prevent the introduction and passing of contraband. D• tainees shall be allowed to engage in independent recreation activities such as board games and supervised small group activities. These activities are subject to limitations based on the safety and security of the facility and its operational needs. Television-viewing in dayrooms shall be regulated as needed by each facility. Television viewing schedules are subject to the approval of each Facility Administrator. 4 IGSA-AIAC D-99-60152 Television programming shall be provided on non-premium channels generally available in the local community. Programs shall be in the English language. When available, programming in Spanish, or other language reflecting the detainee population shall be provided. D. Recreation for Special Management Unit (SMU): Detainees assigned to this unit shall be offered one hour of recreation per day, seven days per week. Exceptions may be made when it has been shown a detainee is an unreasonable risk to the facility or its inhabitants, as indicated below. A detainee segregated for disciplinary reasons may be denied access to recreation upon written determination, by a Disciplinary Panel, that the detainee poses an unreasonable risk to the facility, other detainees, staff, or himself A detainee who has been segregated for administrative put-poses (i.e. special needs detainee, special management detainee, protective custody ... ) may be denied access to recreation only upon the written authorization of the Facility Administrator or designated representative. Any decision to deny recreation to a detainee must indicate why the detainee poses an unreasonable risk when recreating alone. Any detainee denied recreation shall be notified, in writing, of the reason for the adverse action, and the duration of the loss of his recreation privilege. The detainee shall also be notified of the conditions that must be met before restoration of the recreation privilege. When a detainee is denied recreation, his case must be reviewed at a minimum of every 7 days for the first 60 days, and every 14 days thereafter. Each review will indicate whether the affected detainee still poses a threat to himself, others, or facility security and if so, why the detainee still poses a risk. Denial of the opportunity to recreate for more than 15 days requires the concurrence of the Facility Administrator. Each facility shall establish procedures for its SMU that ensures compatibility between different groups of detainees assigned to the SN/fu and who will recreate together. As an example, detainees assigned to the SMU for protective custody shall not recreate with detainees placed for disciplinary reasons. Individual recreation shall be used as necessary to prevent assaults and reduce management problems. E. Volunteer Program Involvement: Individual volunteer groups may provide a special program or religious activity consistent with security considerations, availability of detention personnel to supervise the detainees, and sufficient ac vance notification to the Facility administrator or his designee. All volunteers regardless of their title or position, are subject to a minimal background check, including, but not limited to; criminal history check; 5 IGSA-A/ACD-99-6052 verification of identity; occupation; and verification of credentials for type of act:.vity involved. Each volunteer shall be provided with a standard orientation to l:he facility and shall sign an acknowledgment of understanding of the facility piles, particularly those addressing permissible behavior and relationships with detainees. Each approved volunteer shall be required to sign a waiver of liability before being admitted to any secure portion of the facility or location where detainees are present. Visitors, relatives, and friends of detainees shall not be allowed to serve as volunteers. F. Access to Outdoor Recreation: In locations where no outdoor recreation is available, the guidelines below shall apply. It is INS policy that where no outdoor recreation is available, and a detainee has been detained for a period of six months without regular access to outdoor recreation, that detainee's case shall be reviewed by the case officer to determine the detainee's eligibility for a transfer to a facility that provides access to outdoor rec reation. The case officer shall make a written recommendation for or against transfer eligibility. A detainee is eligible for transfer when the following criteria arc met: 1. A detainee has been in custody for six months without regular access to outdoor recreation (for reasons other than inclement weather) and; 2. The detainee has completed proceedings before the Immigration Judge (IJ) and the IJ has issued a decision concerning deportability or excludability and; 3. The removal or release of the detainee is not likely to occur before the detainee has been in custody for a total of nine months without regular access to outdoor recreation. This may include cases where an appeal has been filed, where it is unlikely that a travel document can be obtained, where the detainee is an aggravated felon and release of the alien is not an option, or any circumstance where it can reasonably be shown the detainee will remain in INS custody for an indeterminate amount of time. Under these criteria, detainees whose departure or release is imminent shall not be eligible for transfer after six months of detention. Examples include detainees awaiting receipt of travel documents from a foreign consular office or other source within the control of the detainee, and the document is expected to arrive before the detainee has been in custody for nine months without outdoor recreation; or the likelihood exists that a bond or some legal means of release from custody shall be secured within that time period. The case officer's written determination shall be provided to the Facility Administrator for a decision. A written decision, supporting or denying 6 IGSA-AIACD-99-6062 transfer eligibility will be made by the Facility Administrator consistent with the criteria listed above. Where a detainee is not eligible for transfer, it is the case officer's responsibility to monitor the case for any change in eligibility criteria. In no case will the total aggregate time in detention exceed nine months in a detention center with no regular access to outdoor recreation. except where the detainee has read and signed a voluntary waiver. If the Facility Administrator determines that a detainee is eligible for a transfer, the detainee shall be afforded the option to voluntarily transfer to another suitable detention facility selected by the Service when appropriate detention space is available. All documentation regarding the transfer decision shall be placed in the detainee's "A" File. Detainees shall be afforded the opportunity to waive a voluntary transfer. The case office shall provide this opportunity in writing to the detainee. The detainee will accept or waive the transfer in writing and the decision shall be placed in the detainee's "A" File. When a detainee is represented by legal counsel or a legal representative and a G-28 or EOIR-28 has been filed, the representative of record shall be notified in writing of the intent to transfer the detainee. The legal representative shall also be notified of the detainee's option to waive a voluntary transfer when offered by the INS. Should a detainee's case be remanded to the U for further proceedings after a detainee has been transferred, the detainee shall be returned at the expense of the District where case venue is established for the continuation of proceedings. All transfers shall be made in a way that ensures sufficient time for the detainee to meet with his legal representative, if represented, to prepare for the hearing. This policy does not in any way address or limit the rights of the INS to transfer a detainee involuntarily when, in the judgment of the INS, it is in the best interest of the government or the detainee. VI. PROCEDURAL GUIDELINES -PART 2: (Local Jails or other detention facilities not covered under Part I) Part 2 of this policy shall be used as criteria when considering the use of local jails and other con:ract detention space not covered under Part 1. In genera L, it is the policy of the INS not to use detention facilities that do not provide for indoor or outdoor recreation of INS detainees. Every effort should be made to locate detention space that provides detainees with regular recreational opportunities. In exceptional circumstances, facilities which provide no recreation may be used for temporary, short-term housing in accordance with the guidelines established in Section C below. 7 IGSA-A/ACD-99-6062 A. Access to Outdoor and Indoor Recreation Available: No limitations on length of detention shall be made, based on recreation considerations, when access to both indoor and outdoor recreation(as defined under this policy) is provided routinely to INS detainees. INS detainees shall be offered recreation a minimum of one hour daily. B. Access to Indoor Recreation Only: When access is limited to indoor recreation only, and the detainee has no regular access to the outdoors, the guidelines established in Part 1, Section F, of this policy(Page 6)will apply. Where local jails or other non-INS facilities are used, the Assistant District Director for Detention and Deportation or a Supervisory Deportation Officer will make the final written determination of transfer eligibility of a detainee in INS custody. C. Nc Recreation Opportunities Available: When neither indoor nor outdoor recreational opportunities are available at a facility, a detainee will be eligible for a transfer to a facility providing recreational opportunities after 45 days. A 45-day period shall allow for the detainee to contract legal representation if ne:essary, request a bond re-determination, or request an expeditious deportation or exclusion hearing. In exceptional circumstances,the 45 day time limit may be exceeded by 15 days. This may occur, for example, when the detainee's removal or release is imminent, or to conclude a deportation or exclusion hearing. In no case will the total time in detention exceed 60 days in a detention facility where no recreational opportunities are available, unless the detainee has been afforded the option to transfer to a facility which provides recreation. When a detainee becomes eligible for a transfer, the detainee shall be afforded the option to voluntarily transfer to another suitable detention facility selected by the INS when appropriate detention space is available. Detainees shall be afforded the opportunity to waive a voluntary transfer. The case officer shall provide this opportunity in writing to the detainee. The detainee will accept or waive the transfer in writing and the decision shall be placed in the detainee's A" file. When a detainee is represented by legal counsel or a legal representative and a G-28 or EOIR-28 has been filed, the representative of record shall be notified in writing of the intent to transfer the detainee. The legal representative shall also be notified of the detainee's option to waive a voluntary transfer when offered by the INS. When a detainee has retained legal representation, the affected INS District shall consult with District Counsel to determine how to minimize potential interference with the detainee's access to legal representation. If the detainee chooses not to 8 IGSA-A/ACD-99-6062 waive a transfer, the detainee will be transferred to the nearest suitable detention facility available and returned as needed for administrative hearings before the IJ if venue has not been changed. In cases where the detainee must be returned for administrative hearings,the transfer will be conducted in a way that provides for sufficient time for the detainee to meet with his legal representative before the hearing. The District where case venue was originally established shall be responsible for costs incurred to return the detainee to that venue for continuation of proceedings. This policy does not in any way limit the rights of the INS to transfer a detainee involuntarily when, in the judgment of the INS, it is in the best interest of the government or the detainee. No Region or District shall enter into any agreement, renewal or re-negotiation with any non-service detention facility, or local jail (whether or not an IGSA ex-ists), which does not provide for recreation of INS detainees, other than to provide for temporary short term or emergency detention. Detention Standard Approval: Approved: /s/ Date: Doris Meissner Commissioner 9 Hello