Mecklenburg County Jail, Nc Intergovernmental Service Agreement (igsa) With The U.s. Marshals

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REQUEST FOR DETENTION SERVICES (RDS) NO.

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Housing of ~c.,Jcra l Prisoners

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IGA )1118) I. LOCAL GOVERNMENT

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FACILITY CODE(S)

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rUN ITED STATES MARSHALS SERVICE PRJSONER SERVICES DIVISION 600 ARMY NAVY DRIVE ARUNGTON. VA 22202-4210

Mecklenburg County Jail 80 1 Eas t Fourth Street Olarlone. NC 28202

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APPROPRIATION DATA

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9. QUANTITY

8. SUPPlIESlSERVICES

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UNIT PRICE

UNIT

AMOUNT

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This agreem ent is for the housing, safekeeping, and subsistence of federal prisoners, includin g guard! transportation services to medical fllCi lity, in accordance with the contenb sct forth herein.

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The Inte r goV(flImeDtal Agr~m ~n t Numb(r J· BS8·M-OS7 is u n( el~d and tht new n u mb~r is as slatoo ilt Blac:k No. I. 14. NA.Jo..1E AND TITLE OF LOCAL GOVERNMENT AUTHORIZED TO SIGN AGREEMENT

AGENCY CERTIFYING

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To ,I.e bet( afmy knl) wi81ig'" alld bt litf, data submitted u in support of/hu agrtemCI1' U" tfllt (('II/ carreel, th, document "(IS bell! duly oulhorilcd b)' (he governing body 0/ ,Itt Depart. ment or Agcncy and the Departmtn f ar Agtncy will comply with ALL PROVISIONS SET FORTH HEREIN.

15. PRlSONER TYPE TO BE rNCLUDED UNSEm-ENCED SENTENCED ~ Aduh Male ~ Adllil Male ~ Adlllt Fcm3tc ~ Adult Female ~ Juvenile

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16. LEVEL OFUSE o Minimum (0-249) o Medium (250-999) ~ Major ( 1,000+)

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(SIGNA TURe OF'CONTRA CTING OFFlCr R) I ORM US M 24

PR IOR EDlTl 0 NS AIt!:: O HSO LETE A NO ARE NOT TO BE USED

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ARTICLE I • PURPOSE AND SEC!!RlIY PROVIDED The pW'pOse of this Jntcrgovemmental Service Agreement (IGA) is to establish a fonnaJ binding relationship between the United States Marshals Service (USMS) and other federal user agencies (the Federal Goverrunenl) and Mecklenburg County. Nonh Carolina (the Local Government) for the detention of perso ns charged with or convicted of violations of federal law or held as material witnesses (federal pri soners) at the Mecklenburg County Jail (the facility) . The Local Government agrees \0 accept and provide for the secure custody, care and safekeeping offedern.l prisoners in accordance with state and local law, standards, policies, procedures. or court orders applicable to the operations of the facility . The USMS considers all federal prisoners medium/max imum security-type pri soners that are housed within the confines of the facility, at a level appropriate for prisoners considered a ri sk of night, 8 danger to the community, o r wanted by other jurisdictions.

ARTICLE II • ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECTED-SUPPORIED EFFORT I. Neither thi s agreement nor any intere st therein wi thout prior written approval by the USM S.

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be assi gne.ci Or transferred to any other party

2. None of the principal activities of the project- supported effort shall be confJac tcd oulto another organization without prio r approval by the USMS. Where the intent;o n 10 award contracts is made knO\\'J1 at the time of applicati on. the approval m ay be considered g ranted if these activitie s nrc funded as proposed.

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All contracts 01 ass ignments must be fOnTlalized in a written contract or other wril1!!n agreement between the parti es involved.

4. The COntract o r a greement must, at 8 minimum, stale the activities to be perfonned, the time schedule, the project policies. and the flow-throU£h requirements tlull nrc a.pplicablc to th e controctor or OIher recipient, other policies and procedures 10 be followed, tJlt~ dollar limitation of the agreement, ill\d the cost principles to be used in determining allowable costs. nle contract or other written agreement must not affect the recipient 's overall reSpOnsibility for the duration of the project and accountability to the go vernment.

8.RTlCLE III - MEDICAL SERVICES I. The Local Government a grees to provide federnl prisoners with the same level of medical care and servic cs.pl ovided to local prisoners , including the transportation and security for pri sonels requiring removal from the facility fOI emergency medical servi ces . All COStS associated with hospital or hea lth care serv ices pro vided outside th e facil iry will be paid direct ly by the Federal Goverruncnt. In th e event the Local Go\'emment has a contract \..; th t1 med ical rAcil ity/physici:m or rece ives di scounted rates . the redcral prisoners shaJl be charged the ~ lUnc ralc as local pri soners.

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2. The Local Goverrunent a. gr~s to notify the United State!: Marshal (USM) as soon as possible of all emergency medical cases requiring removal of a prisoner from the facility and to obtain prior authorization fo r removal for aU other medica..l services required.

3. When a fed eral prisoner is being transferred. via the USMS airlift, helshe will be provided with three (3) to seven (7) days of prescription medication which will be dispensed from the detention facility, When possible, generic medicati ons should be prescribed. 4. Medical records must travel with the federal prisoner. If the records are maintained at R medical rontractor' s facility, it is the detention facility's responsibility 10 obtain them before a federal prisoner is moved . 5.

Federal prisoners will not be charged and are not required to pay their own medical expenses. These will be paid by the Federal Government.

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6. The Local Government agrees 10 notify the USM as soon as possible when a federn.1 prisoner is involved in an escape, attempted escape, oc conspiracy to escape from the facility.

ARTICLE IV - RECE IVING AND DISCI;!ARGE 1. The Local Government agrees to accept as federal prisoners those persons committed by fed.eral law enforcement officers for violations of fede ral laws only upon present ali on by the officer of proper law enforcement credentials. 2. The Local Government agrees to release federal prisoners only to law enforcement officers of ogencies initially committing the prisoner (i.e., DEA, INS, etc .) o r to a Deputy USM. Th ose pri soners who arc remanded to custody by a US M may only be released to il USM or an a.genl specified by the USM of the Jud icial District. ). 111e Federal Government agrees to maintain federal prisoner population levels alar below the level established by the fa cility administrator.

4. Federal prisoners may not be rtleased from the fucility or placed in the custody of state or local officials for any reason except for medical emergency situ lltions. Federal pri soners so ught for a state or local court proceeding must be acquired through a Writ of Habeas Corpus or the Interstate Agreement of Detaincrs nod then only with thc concurrence of the District USM.

ARTICLE V - PERIOD OF

PERFORMA~CE

AND BEDS PACE GUARANTEE

This agreement shall remain in effec t for a period of flflcen ( 15) years after !.he prpj ccl{s) listed in Schedule B of eAr Agn:c:ment No. 07·58·99 is comple\ed. ' n }C Loc al Govcmmcnt agrees to prOVide three hundred fifty (350) bedspac.es for fed eral prisoners in USMS custody each day upon thl.": request of the USM comm encing on the date of completion and activation of all projects li sted in tlle abo ve mentioned CA P ng1ccmcnt. The IGA shall remain in effecl through the period of the CAP agreement, and thereafte r until terminated or suspended in writing by either party. Such notice w ill be provided thiny ()O) days in advance f onn USM 2418 IRe .... 3f?9)

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of the effective date of formal tennination and at least (\1/0 (2) \veeks in ndvance of a suspension o r re striction of use unless an emergency situation requires the illUTlecliate relocation of prisoners .

ARTICLE YI . PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT

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Per diem rates shaH be established on the basis of Ilct1.181and allowable costs associated with Lhc

operatioll of the facility during a recent annual 3ccowuing period. TIlc Fedenll Government shall rclmburse the Local Government at the per diem rate identified on 2. page onc (1) of this agreement . Tho r31e may be renegotiated not mOre than once per year, after the agreement has been in effect for twelve (12) months. 3. The rate covers one (I) person per " prisoner cUy," TIle Federal Goverrunent may not be billed for two (2) days w hen a prisoner is adm ilted one evening and rl.iTloved the following moming. The Local Government may bill for the day of arrival, but not for the day o f departure. 4. Wh en" rate increase is desired. the Local Government shall submit a written reque st to the USM at le a.<;\ sixty (60) days prior to the desired effective date of the rate adjustment. All such requests must contain" completed Cost Sheet for Detcntion Services (USM·243) which can be obtained from the USM . 11\(: LO~ll Government agrees to provide additional COSl information (0 support the requested rate InCrease and to pcmlit an audit of accounting .ccords upon request of the USMS . 5. Criteria used to evaluate the increa.se o r (Ieercuse in the per diem ratc shal l be those specified in the Offi ce of Managemenl and Budget (OMS) Circular A·87, Cost Principles for Slale, Local , and Indian Tribal Governments. The effective date oflhe rate modification will be ne gotiated and specified o n the IGA Modification ronn approved and signed by a USMS Contract Speciali st. The effective date will be establi shed on the

6.

first day of the month for accounting purposes . Payments at the modified mte will be p:ud upon the return of !lit! signed mod.ific3tion by the author12ed Local Government official to the USM .

ARTICLE VII· BII,LING AND fINANCIAL PROVISIONS I. The Local Government shall plcpare and submit original and separate invoices each month to the fed eral
U.S. MARSHALS SERV IC E WESTERN DISTRICT OF NORTH CAROLINA 100 U, S. CO URTH OUSE 100 OTI S STREET ASHEVILLE . NC 2880 2 (828) 27 1-4 65 I

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IMMIGRATION AND NATURALIZATION DETENTION AND DEPORT AnON DIVISION 70 KlMDALL A VENUE S. BURLINGTON. VT 0540J · 681J (802) 951·6428 2. To .::onstitutc 11 proper monthly invoice, the name and addrcss of the facility, the name of each federal prisoner, their specific dates of confinement, the total days to be reimblmed, the appropriate per diem rute as ilpproved in the lOA, and the total amount bill ed (totaJ days mUltiplied by the rule per day) shall be li sled. The name , title, complete address, and phone number of the local official responsible for invoice preparntion should also be li sted on the invoice.

The Prompt Payment Act, Public Lnw 97- 177 (96 stat. 85, 3 I USC 1801), is applicable to payments 3. under thi s agreement and requires the payment to Lbe Local Gove rnment of interest on overdue payments. Detenninations of interest d\IC will be made in accordance with the provisions of the Prompt Payment Act and 5 CFR, Part 13 15. 4. Payment under thi s a.greement will be due on the thinictll (30111) calendar day after receipt of a proper invoice, in the office designmed to receive the invoice. If the due date falls on a non-worKing day (e.g., Satwday, fede ral holiday ),lhcn the due date will be the next working day. The d:lte of the check issued in payment shall be considered to be the d:lte payment is made.

NOTE: RA ITS NOT SPECIFIED IN THE AGREEMENT WlLL NOT BE AUTHORIZED FOR PAYM ENT . ART ICI.E VIII· SUPERVISION AND MQNlTORJNG RESPONSIBILITY All rccip ients rece ivin g direct awards from the USMS are responsible for the management and fisca.l control of all funds. Responsibilities inc.\ude the accounting of receipt s and expenditures, cash management, the maintaining of adequate fm ancial record s, and the refunding of expenditures disallowed by auditS.

ARTICLE IX • ACCOUNTING SYSTEMS AND FfNANCIAL RECORDS I. The recipient shall be required to establish
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). Changes in lOA facilities: The USMS shall be. notified by the recipient of uny significant changc in the: facility, including significunt variations in inmates population!!, which causes a sign.i ficant change in the lcvel of services under this lOA. The notification shall be supponed willl sufficic01 cost data to permit the USMS to equitably adjuslthe per diem rates included in the lOA. Depending on the size of the facility for purposes of assessing changes in the population, a 10% increase or decrease in the prison population shalt be a "significant increase or decrease" for purposes of this subsection.

ARTICLE X - MA{NIENANCE AND RETENTION OF RECORDS AND ACJ:ESS TO RECORDS I. In accordance with 28 eFR, Pm 66, all financial records, supporting documcnts, statistical record s, and other records pertinent to contracts or sub-awards awarded wlde:r lhis lOA sha ll be retained by each organization p3J1icipatint:: in the program for at least three (3) years for purposes of federal examination and Cludi!.

2. The )-year retention period set folth in paragraph one (1) above, begins at the end of the first year of completion of service under the IGA. If any litigatio n. claim, negotiation, audit, or other actio n involving the records has been star1ed before the expiration of the 3-year period, the records must be retained until completi on of the action and resolution of all issues which arise from it or until the end of the reguJar 3-year period, whichever is later. ) . J\ccess 10 Record s: Thc USMS and the Comptrol ler General of the United States, o r any of their authorized representatives, shall have the right of nccess to lilly pertinent books, documents, papers, or olher records of recipients or ils sub- recipients/contractors. which are pertinent [0 the nWl\rd, in order 10 make audits, examinations. cxcef1lt, and transcripts. The rights of access must not be limited to the required rel!!ntion period, but shall last :l.S long as the record s are retained.

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Delinquent Debt Collection: The USMS will hold recipient accountable for any overpayment, audi t disallowance, o r any breach or this agreement that re sults in a debt owed to the Fedclal Government. The USMS may apply intt:re5t, penalties. and administrative casts ta a delinquent debt owed by Ii. debtor pursuant to the Federal Claims Collection Standards.

tJlJlCj.E XI - GOVERNMENT FURNISHED PROPERTY I. It is the: intention of the USMS to furnish excess federa l property to local Covemmcnts for the specific purpose of improving jail conditions and services. Accountable excess property. such as furniture and equ ipment , remains tWed to Ihe US:'vfS and shall be returned to the custody o f the USMS upon termination of the agreement. 2. The Local Govemment3grecs to inventory, mainmin, repa ir. assumc li abil ity (01. and manage all federa ll y provided :lccount.o ble property as wcll as contro lled excess propeny. Stich property cannot be rcm oVl.!d from th e jnil witholll the prior written approval of USMS Hendquarters . TIle l o~ or destructio n of nny such excess pro perty shaH be immed iatel y reported to the USM and USM S HeadquartCTs. Accountable and cont roll ed excess property include s any property with a unit acqui sition vn\uc of $ 1,000 or more , all fUlTliture. as well tl.c: equipment used for security and control, communication. photography . food servi ce. mediC:J. I c~c, inmate rec reation, etc. r Oml USM·HID t Roo 3I'9?)

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3. The suspens ion of USc or restricti on of bed.~pace made avail able \0 the USMS are agreed to be grounds for the recall and rerum of any or all government furnjshed property. 4. The dollar value of property provided each yellr will not exceed the annual dollar payment made by the USMS for prisoner support unless a specific exemption is granted by the Chief, Prisoner Services Division, USMS Headquarters. 5. It is understood and agreed that the Local Government shall fully defend, indemnify, and hold hannless the United States of America, its officers, employees, agents, and servants, individually and officially, for any and all liability caused by any acl of any member of the Local Government or anyone c:Ise arising out of the use, operation, Or handling of any property (to include any vehicle, equipment, and supplies) furnished to the Local Government in which legal ownerShip is retained by the United States of America., and to pay all claims, damages,judgments, le gal costs, adjuster fees, nnd attomt:y fees related thereto. The Local Go ... ernrnent will be so lely responsible for all maintenance, storage, and other expenses related to the care and responsibility for all property furnished to the local Government .

ARTICLE XII - MODIFICAIIONSIDISPUI ES I. Either party m3.Y initiate a requl! sl for modification to Ihi s agreement in writing. All modifications negotiated will be wTitten and approved by a USMS Contracting Officer and submitted to the Local Goverruncnt on fonn USM 24 1a for approval. 2. Disputes, questions, Of concerns pertaining 10 this agreement will be resolved between the USM and the approprialC: Local Government official. Space guarantee questions along with any other WlIesolved issues are to be directed to the Chief. Prisoncr Services Division.

ARIWI.E XIIl - INSPECTION The Loca l Government agrees to allow periodic inspections of the faCility by USMS Inspectors. Findings of the inspection will bc shared with the facility administrator in order to promote improvemt:nts to facility operations, conditions of confinement, and levels of services. The mandatory minimum conditions of confinement which are to be met during the entire period of the lGA agreement are:

I. Adequate, tra.ined jail slo.ffwill be provided 24 hour a day to supervise prisoners. Prisoners will be counted at least once on every shifl, but at least lwice in every 24-hour period. One of the counts must be visual 10 validate prisoner occupancy . . 2.

10il staffing will provide full coverage o f a ll securiry posls and full survei ll ance of irunatcs.

Jail wi ll provide for three meal s per day for prisoners. The meals must meet' the national\y 3. recommended dietary allowances published by the Nationa l Academy of Sc iences. 4.

Jail wi ll pro vide 24-hour emergency medical care for prisoners.

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5. Jai l wi ll mai ntain an auto matic smo ke and fire detection and alarm system, and maintain written policic!! Md procedures re garding flIt and orner safety e mergency sUndards. 6. Jail wi ll maintain D. water supply and waste disposal program that is certi fied to be in compliance with appl icable laws and regul ati ons.

bRTICLE XlV - CON fLICT OF INTEREST Personnel and other officials eonnected with the agreement sm.1I adhere 10 the requirements given below: I. Advice . No offi cial o r cmployee of the recipienl, a sub-recipient, or a contractor shall participate personally through decisio ns, approval , disapproval, rcc o nun~:mlation, the rendering of advice, investigation. or otherwise in any procc.cding, a pplication. request fo r a ruling o r other detenninlltion. contract, grant, cooperative agreement, c laim , co ntrove rsy, o r other particular matter in which Department of Justice fun ds ate used, w here to hi slher knowledge, hclshe o r hi slher immediate fam il y, partner, organization other than a public agency in which he/she is serving as an officer, directo r, uustee, partner, or employee, Or any person o r organiwllon with who m he/sbe is negotiating or has any arrongement concerning prospective: employment, has a financ ial interest, or less than an arms-len gth transactio n. 2.

Appearance. In the use of Department of Jw ti ce project fund s, offic ials Or employees of the recipient, a contnleto r, shal l avoid any ac ti on which mi ght res ult in, or create the appearance of:

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Using his or her o ffici al position fo r pri vate gain; G iving preferenti al treatment to ilny person; Losi ng complete ind ependence o r imparti ali ty; Making l\n officia l decision outside officiol channels;

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Affecting adve rsely the confidence ofUle publ ic in the integrity oflhe government or the program.

ARTICLE XV - CjU bR DrrRANSPORTbTION SERVICES TO MEDICAL fACII.ITY 1. The Loca.l Government agrees, upon request of the Federal Government in whose custody a pri soner is held , 10 provide: B.

Tran spor1at ion and escort guard services for feder:u pri soners housed al their fac ili ty to and from a med ic.al faci lity for outpallent care, and

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Transportatio n and sta tionary glL'1 rd serVices for feder;tl pri soners admitted to a medical facil ity .

2. Suc h ~erv i cc s will be perfo rmed by qual ifi ed law enforcemen l Or correc1ional offi cer personnel emp loycd by the Loca l Government under the ir polic ies, procedures, and pr3ctices. nle Local Government ac:rccs to augment such pracli ces as may be requested by the USM to enhance specific requi rement fo r sec urity. pri soner monilori ng. vi s ita tion. and contraband co nlro l. Form USM·241[I

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IIGA No. 58-00·0067

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3. The Local Government will continue to be liable for the actions of its employees while they arc transporting federal prisoners on behalf of the USMS. Further, the Local Government will also continue to provide workers' compensation to its employ~ while lhey are providing this service. It Is further agreed that the local jail employees will rontinue to act on behalf of the Local Government in providing transportation to federal prisoner! on b¢half of the USMS. 4. FWlh
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