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Cobb County Jail (Georgia) - Intergovernmental Service Agreement (IGSA) with ICE

Cobb County Jail (Georgia) - Intergovernmental Service Agreement (IGSA) with ICE

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Published by J Cox
Inter-governmental contract whereby Cobb County agrees to house immigration detainees for the federal Immigration and Customs Enforcement (ICE), and ICE agrees to pay the County $ 42.58 per-detainee, per-day of detention.
Inter-governmental contract whereby Cobb County agrees to house immigration detainees for the federal Immigration and Customs Enforcement (ICE), and ICE agrees to pay the County $ 42.58 per-detainee, per-day of detention.

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Published by: J Cox on Nov 16, 2009
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11/15/2009

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"
DROIGSA-08-flOlS
INTER-GOVERNMENTALSERVICEAGREEMENT
BETWllEN
TIm •
UNrrnn
STATES
DEPARTMENT OF
HOMeLAND
SECURITY
U.S.
IMMIGRATION AND
CUStoMS
ENFORCI!MENT
OHnCEOFD~ONANDREMOVAL
AND
CoBB
CoUNl"Y,
GEORGIA
This
Inter-Govemmental
Service
Agreement
("Agreement")
is
entered
into
between
UnitedStates Depanment
ofHomcland
Security
Immigration
and
Customs Enfurcement ("ICE"),
and
Cobb
County
("Serviec
Provider')
for the detention and care
of
aliens ("'detaiaees").
The
tenn
'1'lij'tiesft
is
used
ip.
this
Agreement
to
refer jointly
to
ICE
and
the
Service Provider.
FACILITYWCATION:
The Service Provider
sball
pmvidedetention services for detainees
at
the fonowing institution(sJ:Cobb County JaD
1825
County
Services
Parkway
Marietta,
GA
30066
INTERGOVERNMENTAL SERVICE
AGREEMENT
• AITACHMENT
1-
TItle 29, Part 4 Labor Sbmdards for
Federal.
Service Contract Clause
• AITACHMENT2-WageDet.ennination
Number 200&-0029.
Revision
I,
Dated:U1412008
·
--
-
"
INWmmss
WHEREOF,
the
undmigned,
duly
authorized
officcm, have
subscribed
theirnames on bebaIf
of
he Cobb County
and
Department
of
Homeland
Security,
U.S.Immigration
and
Customs
Eofu=t
. ACCEPTED: ACCEPTED:U.S. Jmmigmtion
and
Customs Enforcement
~
Chainnan, Board
of
Commissioners
usan D.
Erickson
W
.
B Y . ) / 4 ; U : U l , f l ~ k 
'.
By:
________
ato
- ' - ' ~ : : : I . . . . L ! " " - ' 
Date:
llhlj
Er
.
Date:
______
CObbCo~.
.
~
aoto •
---
..........
erlZllbeth B. Taylor
Associate County
Attoniey
Neil Warren
Sherilf.
Cobb Counly
Dale
I ~ R ~ m ~ e - r e - n ~ ~ N ~ o - . ~ 6 ~ 1 ~ B ~ 5 ~ - - - - ~ 1 
8~~
____________
_
1
;...."
 
DROIGSA-08-0015
Article I. Purpose
A.
Purpose: The purpose
of
this Intergovernmental Service Agreement (IGSA) is toestablish an Agreement between ICE and the Service Provider for the detention, and care
of
persons detained under the authority
of
the Immigration and Nationality Act, asamended. All persons in the custody
ofICE
are "Administrative Detainees". This termrecognizes that ICE detainees are not charged with criminal violations and are only heldin custody to assure their presence throughout the administrative hearing process and toassure their presence for removal from theUnited States pursuant to a lawful final orderby the Immigration Court, the Board
of
Immigration Appeals
or
other Federal judicialbody.B. Responsibilities: This Agreement sets forth the responsibilities
ofICE
and the ServiceProvider. The Agreement states the services the Service Provider shall performsatisfactorily to receive payment from ICE at the rate prescribed in Article
I,C.
C. Guidance: This is a fixed rate agreement,not a cost reimbursable agreement, withrespect to the detainee day rate. The detainee day rate is
$42.58
ICE shall beresponsible for reviewing and approving the costs associated with this Agreement andsubsequent modifications utilizing all applicable federal procurement laws, regulationsand standards in arriving at the detainee day rate.
2
 
DROIGSA-08-001S
Article
iI.
General
A.
Funding: The obligation
of
ICE to make payments to the Service Provider is contingentupon the availability
of
Federal funds. ICE will neither present detainees to the ServiceProvider nor direct performance
of
any other services until ICE has the appropriatefunding. Orders will
be
placed under this Agreement when specific requirements havebeen identified and funding obtained. Performance under this Agreement is notauthorized until the Contracting Officer issues an order, in writing. The effective date
of
the Agreement will be negotiated and specified in a delivery order to this Agreement thatis supported by the ICE Contracting Officer. This Agreement is neither binding noreffective unless signed by the ICE Contracting Officer. Payments at the approved ratewill be paid upon the return
ofthe
signed Agreement by the authorized LocalGovernment official to ICE.
B.
Subcontractors: The Service Provider shall notify and obtain approval from the ICEContracting Officer's Technical Representative (COTR)
or
designated ICE official
if
itintends to house ICE detainees in a facility other than Cobb County.
If
either thatfacility or any future facility is operated by an entity other than the Service Provider, ICEshall treat the entity as a subcontractor to the Service Provider. The Service Providershall obtain the Contracting Officer's approval before subcontracting the detention andcare
of
detainees to another entity. The Contracting Officer has the right to deny,withhold, or withdraw approval
of
the proposed subcontractor. Upon approval by theContracting Officer, the ServiceProvider shall ensure that any subcontract includes allprovisions
of
this Agreement, and shall provide ICE with copies
of
all subcontracts. Allpayments will be made to the Service Provider. ICE will not accept invoices from, ormake payments to a subcontractor.C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursableagreement. This Agreement is permitted under applicable statutes, regulation, policies orjudicial mandates.
Any
provision
of
this Agreement contrary to applicable statutes,regulation, policies
or
judicial mandates is null and void and shall not necessarily affectthe balance
of
the Agreement.
Article III. Covered Services
A.
Bedspace: The Service Provider shall provide male/female beds on a space availablebasis. The Service Provider shall house all detainees as determined within the ServiceProvider's classification system. ICE will be financially liable only for the actualdetainee days as defined in Paragraph C
of
Article
III.
B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping,housing, subsistence, medical and other services in accordance with this Agreement. In
3

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