Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) with ICE & the...

8/14/2019 Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) with ICE & the Marshals

1/36

,US. Department of Ju.sticeUnited States Marshals Service Modification of Intergovernmental Agreement

1. MODlECATIONNO. 2. REQUEST FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFlCAT:IONThree (3) 082-04 March 1, 20044. ISSUING OFFIcE 5. LOCAL GOVE'RNMEN'r 6.IGANO.Etowah Comty 01-99-0132u.s. MARSHALS SERVICE Etowah County Sheriffs Dept

PRISONER SERVICES DMSION 827 Forrest Avenue 7. FACILITY CODE(S)WASHINGTON. D.C. 20530-1000 Gadsen, AL 35901 4AD

8. ACC01JNl1NG CITATION 9. ES11MATED ANNUAL PAYMENT15XI020

10. EXCEPT AS PROVIDED SPECIFICALLY HEREIN. ALL TERMSANDCONDtrlONS OF THE lOA DOCUMENiREFERRED TO IN BLOCK 5, REMAIN UNCHANGED. 'l'ERMS OF nns MODIFICAnON:

The purpose of this modificat ion is to authorize Etowah CountY to transport Immigration and CustomsEnforcement (ICE) detainees between the Etowah County Jail and the Regional ICE Detention Offices inAlabama and Louisiana.This modifica tion also authorizes ICE to reimburse the local government ofEtowah County the hourlyrate of$22.49 per hour, includmg mileage reimbursement in accordance with the current GSA mileagerates fo r the CoutineJ1tal UDited State!).-TIlE SERVlCE PROVIDER SHALL ADHERE TO TIlE REQUIREMENTS LISTED ON THEATTACH:E)) TRANSPORTATION AMENDMENT FORlCEDETAINEES ONLY .Note: as i fModification No. :2, the Intergovernmental Agreement Number J-BOI-M-130 iscanceled an d the new number is as stated in Block No.6.

11 . lNSTRtlC1'IONS TO LOC.AL GO'VERNMEN'T FO R EXECUTION OF TBlS MODIFICA.TION:A- 0 LOCAL GOVERNMENT IS NOT REQUIREDTO SIGN THIS DOClJMENT

11. APPROVALA. LOCAL GOVERNMENT

SignatUre

TInE DAiB

B. r8\ LOCAL GOVERNMENT IS REQUIREDTO SIGN THIS DOClJME1l;"T AND RETURN- L . COPIES TO U.S. MARSHAL

B. FlIDERAL GOVERNMENTJackieGomezGrams A.1IlZlyst

TInE

HQUSEONLY

$atWeJ-/&9',

DATE

Form USM-24h.USMS(Rev.3f99)Page_.l_ of Pages


2/36

TRANSPORTATION AMENDMENTr G ~ J - E K } ~ - ~ ~ 01-99-0132Etowah County, Alabama

Page 2 of 3

THE FOLLOWING SECTION APPLIES TO ICE DETAINEES ONLY.Transportation Services. The Service Provider agrees to providetransportation services for ICE detainees between the Provider's facility inGadsen AL, apprehension points, the ICE offices located in A l a b a m a ~ Louisiana and other delivery points as detennined necessary by Immigrationand Customs Enforcement. The purpose of such transportation shall be forbooking detainees into or out of the facility or into the custody of ICE,booking new inmates from the custody of ICE into the facility, anddelivering detainees to removal points (including airports),- The Providershan utilize transportation vehicles equipped with appropriate safetyequipment as required by and in compliance with State of Alabamastandards for prisoner transport. Two uniformed qualified law-enforcementor correctional security officers employed or contracted by the Providerunder the Provider's policies, procedures and practices shall be assigned toeach vehicle on each trip (one is required if an ICE officer is present duringthe transportation). These officers must be appropriately licensed andcertified for those duties pursuant to the State of Alabama and U.S.Department of Transportation regulations.Reimbursement for transportation services shall be paid at the actual hourlylabor tate being paid to the escorting officers (will vary pe r officer) and around trip mileage rate equaling the General Services Administrationapproved mileage rate (currently 37.5 cents per mile, but subject to changeon occasion). In the event that overnight stays are required, ICE willreimburse lodging and expenses other than per diem incuttect"based onGeneral Services Administration travel regulations. In the event air travel isrequired, ICE will obtain tickets. Service Provider shall maintain atransportation log documenting all transportation services ( d a t e ~ origin,destination, time, mileage, etc . ,). Provider is to invoice ICE for servicesrendered as a separate line item on the periodic hilling fo r detention. Acopy a/the transportation log shallbe attached to all invoices that containcharges for transportation services. Any other documentation concerningother costs such as overnight travel shall also be provided to ICE.


3/36


4/36

"lJ:S. DepattlDent of JusticeUnited Stares Marshals Serv ce Modification of ImC:i'governmental Agreement

II: MODIFICAnON NO. 2- R.EQUEST FOR DETENTION SERVICES NO. p_ EFFECTIVE DATE OF MODIFICA nONONE (1) 013-03 February 1, 20034. ISSUfNG OFFICE 5. LOCAL GO"VERNMENT 6. IGA NO.

Debra Brown.: Etowah County ]-BO I-M-130CO ntraCI Special ist Etowah County Sberiff's Dept.cS


5/36

u.s. Department of JusticeUnited Srates Marshals Service Modification of Intergovernmental Agreement

1. MODIFICATION NO. 2. R E Q U E ~ T FOR DETENTION SERVICES NO. 3. EFFECTIVE DATE OF MODIFICATION'TWO (2)Mav 1. 19994. ISSUING OFFICE S. LOCAL GOVERNMENT 6. lOA NO.

U.S. MARSH.6J..S SERVICE Etowah COUllty Jail 01-99-0132PRISONER OPERATIONS DIVISION 827 Forrest Avenue[GA. SECTION Gadsden, AL 35901 7. FACILITY CODE(S)600 ARMY NAVYDRIVE 4ADARLINGTON. VA 22201-4210

8. ACCOUNTING CITATION 9. ESTIMA1ED ANNUAL PAYMENT15)(1020O. EXCEPT AS PROVIDED SPECrFICALL Y HEREm, ALL TERMS AND CONDITIONS OF THE rG A DOCUMENT

REFERRED TO IN BLOCK 5, REMAIN U'NCIiANGED. TERMS OF THIS MODIFICATION:1. The purpose of this modification is to incorporate INS as a rider under this lGA withEtowah County in accordance with the MOV dated May l I ~ ' 1999 attached hereto.2. Incorporate the following INS address under Article VII; Billing and Financial Provisions:

Eastern Regional OfficeDetention and Deportation Division70 Kimball AvenueS. Burlington, VT 50403-6813

I. (NSTRucrIONS TO LOCAL GOVERNMENT FOR EXECUTION ;JF n n s MODIFICATION:

A. lEI LOCAL GOVERNMENT IS NOT REQUIREDTO SIGN TInS DOCUMENT

12. APPROVALSA. LOCAL GOVERNMENT

5igllCtrurd

TITI..E D A m

B. o LOCAL GOVERNMENT IS ~ U I R : f . D TO SIGN lHIS DOCUM.'ENT RETURN- COPIES TO U.S. MARSIY.L:S. FEDERAL GO\f.ERl.l'l.l.ffNTD e b I a B : r . a : ~ m : : rD ,i1UL- -(jAI7C/..11....-Signatureq ~ n l ' J ' t 1 ' ! i Z ! 2 : Q t a , ~ 1 ' ; . . tnLE

USMS HQ USE ONLY

rlo/9CfDATE

Farm USM-24la(Rev. 3/99)

Page-L of Pages


6/36

MEMORANDUM OF UNDER.$TAm>INGREGARDING USE OF ETOWAH COUNTY J AILBY IMMIGRATION AND NATURALIZATION SERVICE

This memorandum of unders tanding (MOU) prov ides th e meansfo r Immigrat ion and Nat t i ra l iza t ion Service , Atlan ta D i s t r i c t ,to house t h e i r de ta inees in the Etowah County J a i l , a t a cost of$30.00 p e r day, under Contract J-B01-M-l30 between th e UnitedS ta t e s Marshals Serv i ce , Northern D is c r i c t of Alabama, and the. Etowah County J a i l . The per iod of s t ay fo r each de ta inee wi l ln ot exceed 72 hour s , e x c e p ~ in ex igen t c i rcumstances , Themaximum number o f de ta inees w i l l not exceed one hundred andtwenty- f ive (125) a t any given t ime. This MOU w i l l pe in ef fec tu n t i l co n t r ac t J - B ~ . -M-l30 .i s renego t i a t ed .

~ ~ ~ e s Ha S e 'f ftowah County, Alabama\ " L \ \ ~ " - . L ~ William H. Edwards , lItun i t ed S t a t e s Marshalrn D i s t r i c t o f Alabama

~ ~ A n ~ ~ ~ - e ~ m ~ o s istrict Direc to rDeportat . io and P a r o l eImmigrat ion and N a t u r a l i ~ a t i o n Serv i ceAtlan ta D i s t r i c t

glJrPj- rYDate


7/36

U!Ilt ed SUlcs Deputmc:a( of JU5UceUnited StlUC:S Manha15 5ervite

IntergoWl:rnDlellLal s.. ce AgrteIDenlHousing o fFedel'o/ Prisoners IPage-1- of ...l.ll.....~ ' N O . I" .1. tSSUlNG O!'FIQ ;. rY 'co,"'" .,,,UNITED'STATES MARSHALS SERVICE NAME AN D Etowah County Sheriffs Dept,PRISONER OPERA710N'S DIVISION ADDRESS 827 Forrest AvenueIGASECTION ($ ',.,114 city. Gadsen, AL 35901600 ARMY NAvY DRIVE couflty, Stale

ARLINGTON. VA. 2.2202"'210 a M ZIP cOde bS,b7c'. , 0 " '0 bS,b7e Chief Jailer15XI020 ConUCl Person (205) bS,b7cA.:ru Code &: Telephone No ...

L .. QU.::hlrY 1 / N 1 ' : ~ " C l l ..": .ITEN !'t. SUPPl. tESISERVlCEi''I'his agreement is for th e housing,safek.eapine- and subsistence of USMS ESTlM..o\TEDadult male and female federal PE R DIEM ANNUALprisoners in accordance with the ;QAY5YYR RA'IE U,YMENTc o n ~ n t . s set forth. hereirl. 25,550 Pds 130.00 1766,500.00

... IS . LO


8/36

t;.S. Departmenr of JusticeU n i l ~ d Sral!:S Marshals Service,

IntergovernmeataI Servlce Agreement Schedule IIGA No.J-B01-M-130 IPQle No.-2 - of-1O...ARTICLE I - PURPOSE AND SECURIN PROVIDEDThe purpose of this Intergovernmental Service Agreement QGA) Is to establish aformal blndlng relationshIp between the United States Marshals Service (USMS)and other federal user agencies (the Federal Govemment) and Etowah CountySheriff Department (the Local Government) for the detention of personscharged with or convicted of violations of federal low or held as materialwitnesses (federal prisoners) at the Etowah County Jail (the facility).The local Government agrees to accept and provide for the secure custody,care and safekeeping of federal prIsoners In accordance with state and locallaws, standards. policies. procedures. or courtorders applicable to theoperations of the foci ty, The USMS considers all federal prisonersmedium/maximum securiiy-type prIsoners that are housed within the confines ofthe facility, at a level appropriate for prisoners considered a rIsk of flight, adanger to the community. or wanted by other urisdictions.

(ARTICLE 11- ASSIGNMENT AND CONTRACTING OF CATEGORICAL PROJECT-SUPPORTED EFFORT1. Neither this agreement nor any interest therein maybe aSSigned ortransferred to any other party without prior written approval by the USMS,2, None of the principal activlties of the project-supported effort shall becontracted out to another organization without prior approval by the USMS.Where the intention to award contracts is made known at the 'lime ofapplication. me approval may be considered granted if these activities arefunded as proposed.3. All coniracts or assignments must be formalized In a written contract or otherwritten agreement between the parties inVOlved...4. The contract or agreement must at a mlnlmwm, state 'the activities to beperformed, th e time schedule. the prDJect pOlicies, and the flow-throughrequirements that are applicable to me contractor or other recipient, otherpoliCies and procedures to be followed. the dollar IImltaffon of the agreement'and the cost principles tD be used In determining allowable costs. The contractor other written agreement must not affect the recipient's overall respons(bility'for the duration of the project and accountablli1y to the goveniment.

Form USM-24;:B (Rtv.. 2192)


9/36

U.S. Department of JusticeU n i f ~ d States Marshals ,service

Interg-onrnmeDtar Service Agreement Schedule IIGA No.J-B01-M-130 Ip"jC" No.of..lO...ARTICLE III - MEDICAL SERVICES

,1. The Local Government agrees to provide federal prisoners with ihe samelevel of medical care and services provided to local prisoners. including thetransportation and security for prisoners requIring removal from the facilIty foremergency medIcal servIces. All costs associated wf1h hospital or health careseNices provided outside 1he facility will be paid directly by the FederalGovemment. In the event the Local Government has a contract with a medicalfacility/physician or receives dlscounted rates, the federal prisoners shall becharged the same rate as local prisoners.2. The Local Government agrees to notify the UnitedStates Matshal (USM) assoon as possible of all emergency medical cases requiring removal of a prisonerfrom the facility and to obtain prior authorization for removal for all othermedical services requIred.3. When a federal prisoner is being transferred via the USMS a!rllft. he/she willbe provided with three (3) to seven 0) days opprescriptlon medication whichwill be dispensed from the detentlon facility. When possible, genericmedlca1ions should be prescribed.4. Medical records must travel with the federal prisoner. If the records aremaintained at a medical contractor's facility. it is the detention facility'sresponsibility to obtain them before a federal prisoner is moved.5. Federal prisoners will not be charged and are not required to pay their ownmedical expenses. These expenses will be paid by the Federal Govemment.6. The Local Government agrees to notify the USM as soon as possible when afederal prisoner is involved In an escape, attempted escape, or conspiracy toescape from the facility.

'.ARTICLE IV - RECEIVING AND DISCHARGE1. The Local Government agrees to accept as federal prisoners 1hose personscommitted by fBderal la w enforcement officers fo r violaiions of federal lawsonly upon presentation by the officer of proper low enforcement credentials,2. The Local Govemment agrees to release federal prisoners only to lawenforcement officers of agenCies init1ally commlffing 1he prisoner O.e., DEA INS.etc.) or to a Deputy USM. Those prisoners who are remanded to custody by a


10/36

u.s. Department of JusticeUrriud Stares Marshals S ~ T 1 I i c e Intergovernmental Service Agreement Schedule l

IGA No.J..BO 1M130 P a g ~ No.4 o f 10USM may. only be released to a USM or an agent specified by the USM of theJUdicial DistrIct,3. The Federal Government agrees to maintain federal prIsoner populationlevels at or beloW' the lever established by the facility administrator.4. Federal prIsoners may not be released from ihe facility or placed in thecustody of state or local officials for any reason except for medicol emergencysituaiions. Federal prisoners sought for a state or local court proceeding must beacquired ihrough a Writ of Habeas Corpus or the Interstate Agreement of. Detainers and then only with the concurrence of the DistrIct USM.

ARTICLE V - PERIOD OF PERFORMANCEThis agreement shall be in effect indefinitely until terminated In writing by eitherparty. Should conditions of on unusual nature occur making it impractical orundesirable to continue to house prIsoners, thC? Local Government may suspendor restrict the use of the facilIty by giving wriiten notice to the USM. Su.ch noticewill be provided thirty (30) days in advance of the effective date of formaltermination and at least tw o (2) weeks in advance of a suspension or restrictionof use unless an emergency situation requires the immediate relocation ofprisoners.

ARTICLE VI - PER DIEM RATE AND ECONOMIC PRICE ADJUSTMENT1. Per diem rates shall be established on the basis of actUal and allowablecosts associated with the operation of the facH/ty during a recent annualaccounting period.2. The Federal Government shall reimburse the Local Govemment at the perdiem rate Idenilfied on page one (1) of thts agreement. The rate may berenegotiated not more than once per year, after ihe agreement has been ineffect for iwelve (1 2) months.3. The rate covers one (1) person pe r IIprisoner daY'. The Federal Governmentmay not be blUed for two (2) days When a prisoner is admitted one evening andremoved the fol/owlng morning. The Local Government may bill for the day ofarlivQt but not for the day of departure.

Form USJ.N4iB ( R e ~ . 2/92l


11/36

U.S. Department of JusticeUnired States Marshals Senice

I GA N o ~ IntcrgoverlU1lental Service Agreement Schedule 1 J-BOl-M-130 p a ~ No.of lU...-4. When a rate increase is desired, the Local Government shall submit a writtenrequest to the USM at least sixty (60) days prJorto the desired effective date ofthe rate adjustment. All such requesis must contain a completed Cost Sheet forDetention SeNices (USM-243) which can be obtained from the USM, The LocalGovernment agrees'to provide oddiiional cost informaiion to support therequested rate increase and to permit an audit of accoun1ing records uponrequest of the USMS,5, Criteria used to evaluate the Increase or decrease In th e per diem rate shall.be those speclfied in the Office of Management and Budget (OMB) Circular A-87, Cost Principles fo r state, Local, and Indian Tribal Govemments,6, The effective date of the rate modification will be negotiated and specifiedon the IGA Modification form approved and signed by a USMS ContractSpeciafist, The effective date will be established on the first day of the month foraccounting purposes. Payments at the modified rate will be paid upon therefum of the Signed modification by the authorized Local Government official tothe USM.

ARTICLE VII - BI LUNG AND FINANCIAL PROVISIONS1. The Local Government shall prepare and submit original and separateinvoices each month to the federal agencies listed below for certification andpayment.U, S. MARSHALS SERVICE1729 NORTH 5TH AVENUEROOM 240BIRMINGHAM, AL35203(205) 731-1712

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F - p ~ ~ t r ~ S ~ ~ ~ 4 ~ i ~ B ~ ( ~ ~ v , ~ 2 ~1 9 2 ~ )


12/36

u.s. Department of JusticeUnired Stales Marsh(1.1s Service

lIItergo ...ernmentaI Service Agreement Schedule IIGA No.J-BOl-M-l302. To constitute a proper monthly Invoice. the name and address of the faciliiy.the name of each federal prisoner. their specific dates of confinement the totaldays to be reimbursed, the appropriate per diem rate as approved in the IGA.and the total amount bIlled (total days multiplied by the rote per day) shall belisted. The nome, title, complete address. and phone number of the localoffici.alresponsible for invoice preparation should also be listed on the invoice.3. The Prompt Payment Act. Public Law 97-177 (96 stat. 85, 31 USC 1801), isapplicable to payments under this ogreement and requires the payment to theLocal Government of nterest on overdue payments. Determinations of interestdue will be made in accordance with the provisions of the Prompt Payment Actand the Office of Management and Budget Circular A-125.4. Payment under this agreement will be due on the thirtieth (30th) calendarday after receipt of a proper invoice, in the office designated to receive theinvoice. If the due dote falls on a nonworking day (e.g., Saturday. federalholiday). then the due date will be the next worklng day. The date of the checkIssued in payment shall be considered to be t ~ e date payment Is made.)NOTE: RATES NOT SPECIFIED IN THE AGREEMENT WILL NOT BE AUTHORIZED FORPAYMENT.

ARTICLE VIII - SUPERVISION AND MONITORING RESPONSIBILITYAU reCipients receiving direct awards from the USMS are responsible for themanagement and fiscal control of all funds. Responsibili1ies include theaccounting of receipts and expendItures, cosh management the maintainingof adequate financial records, and the refunding of expenditures disallowed byaudiis.ARTICLE IX - ACCOUNTING SYSTEMS AND FINANCIAL RECORDS1. The recipient shall be required to establish and maintain accounting systemsand financlol records that accurately account fo r the funds awarded. These. records shall include both federal funds and all matching funds of state, local.and private organizations, stote ondlocol recipients sholl expend and accountfor funds in accordance with state laws and procedures for expending and .accouniing for Its ow n funds. as well as meet the financial managementstandards In 28 Code of Federal Regula1ions (CFR). Part 66, and current revisionsof OMS CIrcular A-a7.

Form USM-241B (Rev. 2Jtn..)


13/36

U.S. Department Dr JllSticeUnited Stales M4r.rhals Service

IlltergovC!rrunellta.1 Service Agreement Schedule IIGA No.J-80l-M-130 I

age No.---.-l of ---.lD2. Reciplen1s are responsible for complying with OMS Circular A--87 and 28 CFR,Part 66, and ihe allowobillty of the costs f.Z:;overed therein (submission of FormUSM-243). To avoid possible subsequent disallowance or dispute based onunreasonableness or unallowability under the specific cost principles, recipients-must obtain prior approval on the treatment of special or unusual costs.,3. Changes in lGA facilities: The USMS shall be notified by the recipient of anysignificant change In the facHl1y, including significant variations in inmatepopulations, which causes a significant change in the level of services under thisIGA. The notification shaH be supported with sufficient cost data to permit theUSMS to equitably adjust the per diem rates included in the IGA. Depending onthe size of the fociHty fo r purposes of assessing changes in the population, a 10%increase or decrease In the prison population shall be a "significant increase ordecrease" for purposes of this subsectlon.ARTICLE X - MAINTENANCE AND RETENTION OF RECORDS AND ACCESS TORECORDS ;-J1. In accordance with 28 CFR. Part 66, all financial records, supportingdocuments, statistical records, and other records pertinent to contracts or sub-awards awarded under this IGA sha!! be retained by each organizationpartiCipating In the program for at least three (3) years fo r purposes of federalexomination and audit.2. The 3-year retention period set fom in paragraph one (1) above, begins atthe end of th e first year of completion of service under the IGA. If any litigatIon,claim, negotiation. audit or oitter action Involving the records has been startedbefore the expiraiion of the 3-year period, the records must be retained uniilcompletion of the action and resolution of all issues which arise from it or untilthe end of the regular 3-yeor period whichever Is later.3. Access to Records: The USMS a ~ d the Comptroller Genera! of the Unitedstates, or any of their authorized representatives, shall have th e right of access toany pertinent books, documents, papers, or other records of recipients or Its sub-recipients/contractors, which ore pertinent to the award, in order to make--audits, examinations, excerpts. and transcripts. The rights of access must not belimited to the required reteniion period, but shallicst as long as the records areretained,4. Delinquent Debt Colleciion: The USMS will hold recipient accountable forany overpayment audftdlsa!lowanc6, orony breach of this agreement that

Form USM-2liB (Rev ?IQ?)


14/36

u S. ~ p a r t m . e n r of JusticeUniT:d Srates Marshals Service

Intergovernmental Service Agreement Schedule IIGA No. .JB01M-130 l?agt Nfl.-B-oJ. lO-

results in a debt owed to the Federal Government. The USMS shall apply Interest. penalties. and adminlstraiive costs to a delinquent debt owed by a debtorpursuant to the Federal Claims Collection Standards.

ARTICLE XI - GOVERNMENT FURNISHED PROPERlY1. It s the Intention of the USMS to furnish excess federal property to localgovernments for the specific purpose of improving jail conditions and seN/ces.Accountable excess property. such as fumlture and equipment. remains titled tothe USMS and shall be returned to the custody ofthe USMS upon termination ofthe agreement.2. The Local Government agrees to inventory- maintain, repair, assume liability.for, and manage all federally provided accountable property as well ascontrol/ed excess property. Such property cannot be removed from the jailwithout the prior written approval of USMS Headquarters. The loss or destructionof any such excess property shall be Immediately reported to the USM and USMSHeadquarters. Accountable and controlled excess property Includes anyproperty wITh a unit acqUisition value of $ J,000 or more, all furniture, as well asequipment used fo r security and control, communica1ion. photography, foodseNice, medical care, inmate recreation. etc.3. The suspension of Use or restriction of bedspace made available to the USMSare a g ~ e e d to be grounds for 1he recall and return of any or all governmentfurnished property.4. The dollar value of property provided each year will not exceed the annualdollar payment made by the USMS Tor prisoner support unless a specificexemption is granted by the Chief, Prisoner Services Division. USMSHeadquarters.5. Itis understood and agreed thalthe Local Govemment shall fully defend.Indemnify. and hold harmless the United States of America, its officers,employees, agents, and seNonts, individual ly and officially. fo r any and allliability caused by any act of any m ember of the Local Government or anyoneelse arising out of the use, operotfon, or handllng of any properly (to include anyvehicle. equipment and supplies) furnished to the Local Government In whichlegal ownership is retained by the United states of America, and to pay allclaims, damages, Judgments, legalcosts, adjuster fees, and ottorney feesrelated thereto. The Local Government will be solely responsIble for all

j ' - - _ ~ _____________ .--____ ~ ~ - - : - - : - _ - - l Fonn USM24iB {Rev. 1/92'


15/36

U.S. Department of JusticeUnited Srares Marshals Service

Intergovernmental Servke Agreement Schedule 1GA No.J-B01-M-130maintenance, storage, and other expenses related to the care and responsiblll1yfo r all property furnished to the local Government.

ARTICLE XII- MODIFICATIONS/DISPUTES1. Either party may Initiate a request for modificatIon to this agreement InwrIting. All modifications negotiated will be wri11en and approved by the USMSContracting Officer and submitted to the Local Government on farm USM 2410for approval.2. Disputes. questions. or concems pertaining to this agreement will be resolvedbetvJeen the USM and the appropriate Local Government official. Spaceguarantee questions along with any other unresolved issues are to be directedto the Chief, Prisoner Services Division.ARTICLE XIII - INSPECTION fThe Local Government agrees to allow periodic inspections of the facility byUSMS Inspectors. Rndings of the inspection will be shored with the facilityadministrator in order to promote improvements to facility operations, conditionsof confinement and levels of services. The mandatory minimum condltions ofconfinement which are to be met during the entire period of the IGAagreement are:1. Adequate, trained jail staff wiU be provided 24 hours a day to superviseprisoners. Prisoners will be counted at least once on every shift but at leasttwice in every 2 4 ~ h o u r per/od. One of the counts must be visual to validateprisoner occupancy.2. Jail staffing will provide full coverage of all securiiy posts and fun surveillanceof Inmates. . '.. .3. JalJ win provide for three meals per day for prisoners. The meals must meetthe nationally recommended dietary allowances publisMed by the NationalAcademy of Sciences.

-4. Jail will provide 24-hour emergency medical care for prisoners.

Form USM-24111 (Rev. 2192)


16/36

U.S. Department ot JusticeUniTed Stares Marshals Service

Intergovernmental Service Agreement Sr:hedule IIGA No.J-80 l-M-130 I act! No,....1Q.. oj J.D-5. Jail wlll maintain an automatic smoke and fire detectIon and alarm system,and maintain written policies and procedures regarding fire and other safety .emergency standards.6, Jail will maintain a water supply and waste disposed program that is certifiedto in compliance with applicable laws and regulations.ARTICLE XIV - CONFLICT OF INTERESTPersonnel and other officials connected with the agreement shall adhere to therequIrements given below:1. Advice. No official or employee of the recipient a sub-recipient or acontractor shall participate personally through decisions. approval, disapproval,recommendation, ih e rendering of advice, investigation, or otherwise In anyproceeding. application, request for a ruling or other determination. contractgrant coopera11ve agreement claim, controversy. or other particular matter Inwhich Department of Justice funds are used. ~ h e r e to his/her knowledge,he/she or his/her immedIate family, partners, organization other than a publicagency in which he/she Is serving as an officer. director. trustee, portner, oremployee, or any person or organization with whom he/she Is negotiating or hasany arrangement conceming prospective employment has a financiol interestor less than an arms-length transaction.2. Appearance. In the use of Department of Justice project funds, offIcials or. employe9s of the recipient a sub-rec ipient or a contractor, shall avoid anyaction which might result in, or create 1he appearance of:

a. Using his or her Official pOSition for private gain:b. Giving preferential treatment to any person;c. Losing complete independence or Import1ality;d. Maklng an official deCision butslde official channels;ore. Affectlng adversely me confidence of the public In the Integrity of thegovernment or the program.

Form USM24iB lR.ev. 2192)


17/36

OFFICIAL USE ONLY SENSITIVE Page 1 of 3

OFFICIAL USE ONLY SENSITIVE

DEPARTMENT OF HOMELAND SECURITY 1. CASE NUMBER

Immigration and Customs Enforcement

Office of Professional Responsibility

PREPARED BY

REPORT OF INVESTIGATION 2. REPORT NUMBERHB 4200-01 (37), Special Agent Handbook 001

3.TITLEETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN,ETOWAH, AL

4. FINAL RESOLUTION

5.STATUS 6. TYPE OF REPORT 7. RELATED CASES

Initial Report Allegation

8. TOPIC

Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations

9.SYNOPSISOn August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee

, ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbalabuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies,poor quality and lengthy wait time for medical help, heating and air conditioning system extremelydirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, notdelivering commissary products bought after they've been paid for, difficult to communicate with

families, fabricate doctor visits/exams that never happened, fail to provide detainees withmedication, a nurse's misdiagnoses almost killed an inmate with heart condition.

10. CASE OFFICER (Print Name & Title) 11. COMPLETION DATE 14. ORIGIN OFFICE

- Joint Intake Specialist 09-AUG-2007 Joint Intake Center

12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

- ICE-OPR Special AgentSupervisor 09-AUG-2007 No Phone Number

THIS DOCUMENT IS LOANED TO YOU FOR OFFICIAL USE ONLY AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY. ANY FURTHER REQUEST FORDISCLOSURE OF THIS DOCUMENT OR INFORMATION CONTAINED HEREIN SHOULD BE REFERRED TO HEADQUARTERS, DEPARTMENT OF HOMELAND SECURITY, TOGETHER WITH ACOPY OF THE DOCUMENT.

THIS DOCUMENT CONTAINS INFORMATION REGARDING CURRENT AND ON-GOING ACTIVITIES OF A SENSITIVE NATURE. IT IS FOR THE EXLUSIVE USE OF OFFICIAL U.S. GOVERNMENTAGENCIES AND REMAINS THE PROPERTY OF THE DEPARTMENT OF HOMELAND SECURITY IT CONTAINS NEITHER RECOMMENDATIONS NOR CONCLUSIONS OF THE DEPARTMEN OFHOMELAND SECURITY. DISTRIBUTION OF THIS DOCUMENT HAS BEEN LIMITED AND FURTHER DISSEMINATION OR EXTRACTS FROM THE DOCUMENT MAY NOT BE MADE WITHOUTPRIOR WRITTEN AUTHORIZATION OF THE ORIGINATOR.


18/36




PREPARED BY

REPORT OF INVESTIGATIONCONTINUATION

2. REPORT NUMBER

HB 4200-01 (37), Special Agent Handbook 001

10. NARRATIVE

none


19/36




PREPARED BY

REPORT OF INVESTIGATIONExhibit List

2. REPORT NUMBER


None


20/36






PREPARED BY


3.TITLESUBJECT, UKNOWN/Unknown/Non-Criminal Misconduct/GADSDEN, ETOWAH, AL

4. FINAL RESOLUTION



8. TOPIC

Detainee allegation of missing money, Gadsden, AL

9.SYNOPSISOn February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information fromU.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent,Gadsden, AL regarding detainee allegations of missing money.

This report documents the relevant material received.


- Joint Intake Specialist 21-FEB-2008 Joint Intake Center


- JIC Supervisor 22-FEB-2008 No Phone Number




21/36




PREPARED BY


2. REPORT NUMBER


10. NARRATIVE

Details of Investigation:

On February 22, 2008, the Joint Intake Center (JIC), Washington, DC, received information fromU.S. Immigration and Customs Enforcement (ICE) Supervisory Immigration Enforcement Agent,Gadsden, AL regarding detainee allegations of missing money.

This is a verbatim copy of the information submitted to the JIC. No spelling or grammaticalcorrections have been made.

MEMORANDUM FOR:Assistant Field Office DirectorNew Orleans Field OfficerTHROUGH:Acting Supervisory Detention & Deportation OfficerFROM:Supervisory Immigration Enforcement AgentGadsden, AL

SUBJECT: Detainees Missing Money

This memorandum is to serve as official notification that on February 11, 2008 I was told bydetainee (A that he was missing $200.00 personalfunds.

was initially taken into custody by the Office of Investigations, Birmingham, AL andbooked into the Pelham, AL jail with $698.00. On 02/11/08, signed his property formsand was released from Pelham to custody of Special Agent . then

transferred custody of and property to Immigration Enforcement Agent .Agent brought to the Gadsden, AL. ICE/DRO office.

I, Supervisory Immigration Enforcement Agent, began to complete an1-216/1203A to detain 1 reviewed his property in front of him to log the property.

had $498.00 cash in his property bag. He stated that he should have $698.00.

I contacted the Pelham AL. jail, Sgt. to verify funds, as well as check into the possibilitythat some of money may have been released, spent, or seized. Sgt. told


22/36




PREPARED BY


2. REPORT NUMBER


10. NARRATIVE

me that was booked in with $698.00 and that he did not spend, or release any money.Nor was any money seized. Sgt. took time to review the video tapes and indicated thatno unauthorized personnel had accessed property, and that had signedfor his property and funds upon release on 02/11/2008.

I contacted Special Agent to notify him of the situation, and he was unaware thathad any missing money. I also notified IEA and he stated that when he picked

up he did not review his property, but did keep it separated from the detainees. I, withIEA as a witness, thoroughly searched and the detainee with whom he wasreleased to verify any unaccounted money might be concealed. was the only detaineeclaiming to be missing money.

I received notification from Sgt. on Thursday, 02/14/2008 at approximately 1800 hrsthat he could not account for any missing money for detainee I notified my Supervisor,SDDO , of this incident on Friday, 02/15/08 when I could not resolve the incidentand it appeared to be a case of missing funds. OPR was contacted on Monday, 02/19/2008.


23/36




PREPARED BY


2. REPORT NUMBER


None


24/36






PREPARED BY


3.TITLEETOWAH COUNTY, DETENTION CENTER/Unknown/Civil Rights Violation/GADSDEN,ETOWAH, AL

4. FINAL RESOLUTION



8. TOPIC

Detainee alleges verbal abuse/harassment,legal proceedings intervened,various allegations

9.SYNOPSISOn August 9, 2007, the Joint Intake Center (JIC), Washington D.C received a letter from Detainee

, ETOWAH COUNTY DETENTION CENTER, Gadsden, Al., reporting verbalabuse and harassment, intervention with legal proceedings, food quality and quantity deficiencies,poor quality and lengthy wait time for medical help, heating and air conditioning system extremelydirty, non-functional mail room, lack of stamps, lack of sunlight, internet service not available, notdelivering commissary products bought after they've been paid for, difficult to communicate with

families, fabricate doctor visits/exams that never happened, fail to provide detainees withmedication, a nurse's misdiagnoses almost killed an inmate with heart condition.


- Joint Intake Specialist 09-AUG-2007 Joint Intake Center


- ICE-OPR Special AgentSupervisor 09-AUG-2007 No Phone Number




25/36




PREPARED BY


2. REPORT NUMBER


10. NARRATIVE

none


26/36




PREPARED BY


2. REPORT NUMBER


None


27/36






PREPARED BY


3.TITLEUNKNOWN, UNKNOWN/Unknown/Civil Rights Violation/GADSDEN, ETOWAH, AL

4. FINAL RESOLUTION



8. TOPIC

Detainee reportedly does not have access to medical records, legal representation denied, CRCL,AL.

9.SYNOPSISOn 10/1/2008, the JIC received a letter from involving , a 60-year-oldPalestinian Immigrant & cardiac patient. wrote that hasn't had access to hisprimary care physician or critically important medical records. Legal representation & visitation byimmediate family members remains denied. ICE officials failed to notify his family when hecollapsed & was transported to the hospital. They learned of the incident due to the kindness of allunidentified third-party. told his family that the hospital recommended that he agree to

heart surgery, but, declined the recommendation. "ICE officials subsequently returnedto Etowoh County Detention Center. Immigration Custom Enforcement "have refused torecognize the grave seriousness of medical condition & the necessity of access to thephysician, medical records, & thus, the medical treatment that would best insure the continuation ofhis life".


- Joint Intake Specialist 01-OCT-2008 Joint Intake Center12. APPROVED BY(Print Name & Title) 13. APPROVED DATE 15. TELEPHONE NUMBER

- JIC Supervisor 01-OCT-2008 No Phone Number




28/36




PREPARED BY


2. REPORT NUMBER


10. NARRATIVE

none


29/36




PREPARED BY


2. REPORT NUMBER


None


30/36


31/36




PREPARED BY


2. REPORT NUMBER


10. NARRATIVE

None


32/36




PREPARED BY


2. REPORT NUMBER


None


33/36

Department Of Homeland Security Detention Facility Inspection FormImmigration and Customs Enforcement Facilities Used Over 72 hours

FOR OFFICIAL U ENT SENSITIVE)Form G-324A SIS (Rev. 7/9/07)

A. Type of Facility Reviewed

ICE Service Processing Center

ICE Contract Detention Facility

ICE Intergovernmental Service Agreement

B. Current InspectionType of Inspection

Field Office HQ InspectionDate[s] of Facility Review

September 3-5, 2008

C. Previous/Most Recent Facility ReviewDate[s] of Last Facility Review

September 17-18, 2007Previous Rating

Superior Good Acceptable Deficient At-Risk

D. Name and Location of FacilityName

Etowah County JailAddress (Street and Name)

827 Forest AvenueCity, State and Zip Code

Gadsden, Alabama 35901County

Etowah CountyName and Title of Chief Executive Officer (Warden/OIC/Supt.)

Jail AdministratorTelephone # (Include Area Code)

256 Fiel b-Office (List Office with oversight responsibilities)New Orleans

Distance from Field Office6 hours

E. ICE Information

Name of Inspector (Last Name, Title and Duty Station)

/ RIC / Security

Name of Team Member / Title / Duty Location

SME Adinistrative /

Name of Team Member / Title / Duty Location

/ SME Health Services /

ember / Title / Duty Location/ SME Food Services /

Member / Title / Duty Location

/ SME Safety /

F. CDF/IGSA Information Only

Contract Number

01-99-0132

Date of Contract or IGSA

2004

Basic Rates per Man-Day

$35.12

Other Charges: (If None, Indicate N/A)

separate contract for detainee transportation

Estimated Man-days Per Year:

122,000

G. Accreditation Certificates

List all State or National Accreditation[s] received:

Check box if facility has no accreditation[s]

H. Problems / Complaints (Copies must be attached)

The Facility is under Court Order or Class Action Finding

Court Order Class Action Order

The Facility has Significant Litigation Pending

Major Litigation Life/Safety Issues

Check if None.

I. Fa cility History

Date Built

March 1994

Date Last Remodeled or UpgradedApril 2003

Date New Construction / Bed space Added

April 2003, 420 beds

Future Construction Planned

Yes No Date:

Current Bed space

856

Future Bed space (# New Beds only) Number: Date:

J. To tal Facility Population

Total Facility Intake for previous 12 months

9,655

Total ICE Man-days for Previous 12 months

120,363

K. Classification Level (ICE SPCs and CDFs Only)

L-1 L-2 L-3

Adult Male

Adult Female

L. Facility Capacity

Rated Operational Emergency

Adult Male 630

Adult Female 226Facility holds Juveniles Offenders 16 and older as Adults

M. Av erage Daily Population

ICE USMS Other

Adult Male 216

Adult Female 128

N. Fa cility Staffing Level

ort:


34/36


FOR OFFICIAL USE NT SENSITIVE)Form G-324A SIS (Rev. 7/9/07)

Significant Incident Summary Worksheet

For ICE to complete its review of your facility, the following information must be completed prior to the scheduled review dates. The

information on this form should contain data for the past twelve months in the boxes provided. The information on this form is used

in conjunction with the ICE Detention Standards in assessing your Detention Operations against the needs of the ICE and its detainedpopulation. This form should be filled out by the facility prior to the start of any inspection. Failure to complete this section will

result in a delay in processing this report and the possible reduction or removal of ICE detainees at your facility.

1 Any attempted physical contact or physical contact that involves two or more offenders2 Oral, anal or vaginal penetration or attempted penetration involving at least 2 parties, whether it is consenting or non-consenting3 Routine transportation of detainees/offenders is not considered forced4 Any incident that involves four or more detainees/offenders, includes gang fights, organized multiple hunger strikes, work stoppages, hostage situations,

major fires, or other large scale incidents.

Incidents DescriptionJan Mar Apr Jun Jul Sept Oct Dec

Types (Sexual2, Physical, etc.)P P P P

With Weapon0 0 0 0

Assault:Offenders on

Offenders1

Without Weapon8 7 6 6

Types (Sexual Physical, etc.)0 0 P 0

With Weapon0 0 0 0

Assault:Detainee on

Staff

Without Weapon

0 0 1 0

Number of Forced Moves,

incl. Forced Cell moves314 9 6 8

Disturbances41 0 0 0

Number of Times ChemicalAgents Used

2 6 4 4

Number of Times Special

Reaction TeamDeployed/Used

18 10 3 13

Number/Reason (M=Medical,V=Violent Behavior, O=Other)

0 0 2=V1=V

# Times Four/Five PointRestraints applied/used Type (C=Chair, B=Bed,

BB=Board, O=Other)0 0 2=BB 1=BB

Offender / Detainee Medical

Referrals as a result ofinjuries sustained.

0 0 2 1

Attempted0 0 0 0

Escapes

Actual0 0 0 0

# Received53 31 33 13

Grievances:

# Resolved in favor ofOffender/Detainee

10 16 4 4

Reason (V=Violent, I=Illness,S=Suicide, A=Attempted

Suicide, O=Other)0 S S 0

Deaths

Number0 1 1 0

# Medical Cases referred forOutside Care

60 35 71 39Psychiatric / MedicalReferrals

# Psychiatric Cases referred for

Outside Care0 0 0 0


35/36


FOR OFFICIAL US ENT SENSITIVE)Form G-324A SIS (Rev. 7/9/07)

DHS/ICE Detention Standards Review Summary Report

1. Acceptable 2. Deficient 3. At Risk 4. Repeat Finding 5.Not Applicable

Legal Access Standards 1. 2. 3. 4. 5.

1. Access to Legal Materials

2. Group Presentations on Legal Rights3. Visita tion

4. Telephone Access

Detainee Services

5. Admi ssion and Release

6. Cl assification System

7. Correspondence and Other Mail

8. Det ainee Handbook

9. Food Service

10. Funds and Personal Property

11. Detainee Grievance Procedures

12. Issuance and Exchange of Clothing, Bedding, and Towels

13. Marri age Requests

14. Non-Medical Emergency Escorted Trip

15. Recreation

16. Relig ious Practices

17. Voluntary Work Program

Health Services

18. Hunger Strikes

19. Medical Care

20. Suicide Prevention and Intervention

21. Terminal Illness, Advanced Directives and Death

Security and Control

22. Contr aband

23. Detention Files

24. Disciplina ry Policy25. Emergenc y Plans

26. Environmental Health and Safety

27. Hold Rooms in Detention Facilities

28. Key and Lock Control

29. Popul ation Counts

30. Pos t Orders

31. Security Inspections

32. Special Management Units (Administrative Segregation)

33. Special Management Units (Disciplinary Segregation)

34. T ool Control

35. Transpor tation (Land management)

36. Use of Force37. Staff / Detainee Communication (Added August 2003)

38. Detainee Transfer (Added September 2004)

All findings (Deficient and At-Risk) require written comment describing the finding and what is necessary to meet compliance.


36/36


RIC Review Assurance Statement

By signing below, the Reviewer-In-Charge (RIC) certifies that all findings of noncompliance with policy or inadequate controls

contained in the Inspection Report are supported by evidence that is sufficient and reliable. Furthermore, findings of noteworthy

accomplishments are supported by sufficient and reliable evidence. Within the scope of the review, the facility is operating inaccordance with applicable law and policy, and property and resources are efficiently used and adequately safeguarded, except for thedeficiencies noted in the report.

Reviewer-In-Charge: (Print Name) Signature

ocation

Reviewer in Charge/Security

Date

September 7, 2008

Team Members

Print Name, Title, & Duty Location

Admiistrative


Food Service


Medical


Environment Health and Safety

Recommended Rating: Superior

Good

Acceptable

Deficient

At-Risk

Comments:

Number of Times Special Teams Deployed/ Used: ECDC has established a 12-man emergency response team (ERT) which is broken

down into four 3-man teams and a team is assigned to each shift. While assigned to the shift their sole responsibility is ERT duties,

and their shift is 24 hours, similar to a firefighter. The team has sleeping quarters at the facility and they are the first responders to any

facility incident or emergency. Each ERT member is also, a level 1 state certified fire fighter and first responder for all medicalemergencies.

The facility stated the two (2) suicides were county inmates and not detainees. ECDC Sergeant, stated these cases are

not closed and will not be closed for twenty-four (24) months. Consequently, the facility could not provide any further information.

The disturbance involved a housing unit of county inmates who refused to lock down for the evening. The Emergency Response Team

was deployed and dispensed ten (10) rounds from a pepper ball gun into the unit striking a wall. The inmates then complied with staff

orders to enter their cells. There were no injuries to staff or inmates.

Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) with ICE & the...

Documents

Transcript of Etowah County Sheriff's Office (Alabama) Intergovernmental Service Agreement (IGSA) with ICE & the...