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Home My WebLink AboutCAG1986-003 - Original - US Immigration and Naturalization Service (INS) - Detainee Housing - 06/03/1986 INTERGOVERNMENTAL SERVICE AGREEMENT 1900 CITY OF (CENT ARTICLE I - PURPOSE CITY CLERK The purpose of this Intergovernmental Service Agreement (IGA) is to estabiis a formal binding relationship between the U. S. Immigration and Naturalization Service (INS) and City of Kent, (Local entity hereinafter referred to as Owner) for the detention of persons charged with violations of the Immigration and Naturalization Act, as amended, (I & N Act) at City of Kent Corrections Facility (the Facility). ARTICLE II - SUPPORT AND MEDICAL SERVICES 1 . The Owner agrees to accept and provide for the secure custody, care and safekeeping of INS detainees in accordance with federal , state and local laws, standards, policies, procedures, or court orders applicable to the operation of the Facility. 2. The Owner agrees to provide INS detainees with the same level of medical care and service provided to local prisoners, including transportation and security for prisoners requiring removal from the facility for emergency medical services. All costs associated with hospital or health care services provided outside the facility will be paid directly by the INS. 3. The Owner agrees to notify the INS as soon as possible of all emergency medical cases requiring removal of a detainee from the Facility and to obtain prior authorization for removal for all non-emergency services required. ARTICLE III - RECEIVING AND DISCHARGE 1 . The Owner agrees to accept as INS detainees those persons committed by INS officers for violations of I & N Act only upon presentation by the officer of proper INS credentials. INS agrees not to commit any Cuban Nationals and/or Mariel Cubans to the facility. 2. The Owner agrees to release INS detainees only to INS officers or agents specified by the INS; the officer or agent must present proper credentials. 3. INS detainees may not be released from the facility or placed in the custody of state or local officials for any reason except for medical or emergency situations. If INS detainees are sought for state or local court proceedings, the Contracting Officer's Representative can release the detainee from INS custody, or a Writ of Habeus Corpus, or Interstate Detainer Agreement may be issued by appropriate authorities. ARTICLE IV - PERIOD OF PERFORMANCE This agreement shall be in effect indefinitely until terminated in writing by either party. Should conditions of an unusual nature occur making it impractical or undesirable to continue to house INS detainees, the Owner may suspend or restrict the use of the Facility by the INS by giving written notice to the INS Contracting Officer. Such notice shall be provided 30 days in advance of the effective date of formal termination and at least two weeks in advance of a suspension or restriction of use unless an emergency situation requires immediate relocation of detainees. ARTICLE V - ECONOMIC PRICE ADJUSTMENT 1 . Payment rates shall be established on the basis of actual cost associated with the operation of the Facility during a recent annual accounting period or on an approved annual operating budget. 2. The rate may be renegotiated not more than once per year, after the Agreement has been in effect for twelve months. 3. The Owner may initiate a request for a rate increase or decrease by notifying the INS in writing at least 60 days prior to the desired effective date of the adjustment. All request shall be supported by basic cost data. 4. Criteria used to evaluate the increase or decrease in the per capita rate shall be as specified in federal cost standards for contracts and grants with State and local Governments issued by the Office of Management and Budget. 5. Rate modifications will be negotiated and specified on a form approved and signed by the Contracting Officer and by the Owner. The effective date will be established as the first day of the month for accounting purposes. 6. Unless other justifiable reason can be documented by the Owner, daily rate increases shall not exceed the national inflation rate as established by the U. S. Department of Commerce. ARTICLE VI - FINANCIAL PROVISIONS 1 . The billing address of the agency using this facility is as follows: SEND INVOICES TO: IMMIGRATION AND NATURALIZATION SERVICE 815 AIRPORT WAY SOUTH SEATTLE, WA. 98034 PAYMENT WILL BE ISSUED FROM: IMMIGRATION AND NATURALIZATION SERVICE FINANCE OFFICER/NROFIN FEDERAL BUILDING, FORT SNELLING TWIN CITIES, MINNESOTA 55111 2. The INS shall reimburse the Owner at a fixed rate identified in the agreement. The rate covers one detainee per detainee day. The INS may not be billed for two days when a detainee is admitted one evening and t removed the following morning. The Owner may bill for the day of arrival but not for the day of departure. k 3. Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801 ) is applicable to payments under this agreement and requires the payment to a - 2 - the Owner of interest on overdue payments. Determination of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-25. 4. Payment under this agreement will be due on the thirtieth (30th) calendar day after receipt of a proper invoice, in the office designated to receive the invoice. The date of the check issued in payment shall be considered to be the date the payment is made. 5. The original invoice shall be submitted to the INS office designated to receive invoices (Article VI, paragraph one). The invoice must include the name, title, phone number and complete mailing address of the official submitting the invoice. In addition, it shall list each INS detainee, the specific dates of detention for each, the total number of days, the daily rate, and the total amount billed (total days multiplied by the daily rate). i ARTICLE VII - MODIFICATIONS/DISPUTES 1 . Either party may initiate a request for modification to this agreement in writing. All modifications negotiated will be approved by the INS Contracting Officer and the Owner. INS approval will be shown on form SF 30. ; 2. Disputes, questions or concerns pertaining to this agreement will be resolved between the INS and the Owner or authorized agent. Unresolved ; issues are to be directed to Regional Counsel , Immigration and ; Naturalization Service, Northern Regional Office, Federal Building, Twin {` Cities, MN. 55111 . ARTICLE VIII - INSPECTION AND TECHNICAL ASSISTANCE 1 . The Owner agrees to allow periodic inspections of the Facility by the INS. Findings of the inspection will be shared with the facility administrator in order to promote improvements to facility operations, conditions of confinement and levels of service. Critical elements of the inspection will be (a) 24 hour supervision of detainees, (b) food services, (c) compliance with fire/life safety codes, (d) availability of emergency medical care. 2. For the purpose of administering this agreement, the INS Contracting Officer will be represented by the Chief Border Patrol Agent, District ; Director, or Officer-in-Charge of the INS area in which the services are C provided. Designation, coordination and execution of facility inspections ; shall be directed by the Contracting Officer's Representative. ARTICLE IX - LIABILITY r, 1 . The INS does hereby release and discharge the Owner from any and all liability for injury to or death of persons, or loss of or damage to property and agrees to indemnify and save harmless the Owner from any and all claims, suits, demands, actions, damages, recoveries, judgments, costs or expense arising from or growing out of or in connection with any such r - 3 - f E injury, death, loss, or damage, while-a person or property is held on behalf of the INS within the facility, except if such injury, death, loss, or damage is caused by the negligence or willful misconduct of the Owner, its officers, employees or agents. 2. Employees of the Owner who operate said space are not responsible to determine whether detainees presented by the INS for detention are lawfully arrested by the INS. The Owner agrees to accept the INS Booking Form(s) (I-203 or 203 A) executed by the INS officer as evidence that a lawful arrest has been made. ARTICLE X - FEE 1. A daily fee of $54.66 for each prisoner. 2. This agreement is subject to the annual availability of INS appropriated funds. IN WITNESS: the parties have caused this to be executed on the day written 1 below: t r IMMIGRATION AND NATTURALIZATION SERVICE CITY OFKKENT / b BY a` BY TITLE TITLE Acting City Administrator DATE 7J f �f/ �j DATE April 24, 1986 Ir `r e d i f F G r P C n i! r 1375G-28G S r - 4 -