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David L. Moss Justice Center (Tulsa County, Oklahoma) - Intergovernmental Service Agreement (IGSA) with ICE

David L. Moss Justice Center (Tulsa County, Oklahoma) - Intergovernmental Service Agreement (IGSA) with ICE

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Published by J Cox
Inter-governmental contract whereby the Tulsa County Sheriff's Office agrees to house immigration detainees for the federal Immigration and Customs Enforcement (ICE), and ICE agrees to pay the County $ 54.13 per-detainee, per-day of detention.
Inter-governmental contract whereby the Tulsa County Sheriff's Office agrees to house immigration detainees for the federal Immigration and Customs Enforcement (ICE), and ICE agrees to pay the County $ 54.13 per-detainee, per-day of detention.

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Published by: J Cox on Nov 16, 2009
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07/23/2010

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....
-._.,.L
I
ThIs
1ntet-Oovcmmen1!l1
ServJa,
Agreement ("Agreement")
is
entm:d
Into
between
United
&u.s
Department
of
Homeland
Security
Immlgtadon
and
Olatom&
~
("ICE"),
and
The
Tulsa
County
Board
of
Comn\Issionem
on
b<haIf
of
he
Tulsa
County
Sbcrift'.
Of!k:e
("ServIce
provldet")
for
the
detention
and
cate
of
aIlens
("deIalnees").
The
IIem1
"Partjes"
is
used
In
this
A,n:ement
tD
refer
jointly
to
ICE
and
the
ServIce
Provider.The
Service
l'rovi<fer
shall
provide
de=tion
oervice8
for
detainees
at
the
following
institutionW:
Tulsa
County
SberlW.
Office
("FociJitY')
David
L
MooI
Juotice
Cemer
300
North Denwr
&reet
TuIss,
Oklahoma
14103
A
Purpose;
The
purpose
of
his
lllU:IgOVernmen1!l1
SerW:e
Agreement
(lGSA)
is
to
establish
an
Ast-nent
between
ICE
and
the
Setvlce
Prov!der
fot-
the
derention,
and
am:
of
peraom
detained
.
under
the
authority
of
mm/grac:Ion
and
Nationa\ity
At:r,
as
amended.
All
penooo
in
the
c:ustody
of
ICE
.....
Admlniittatlve
Detainees".
Thil
term
recognizes
thai:
ICE
detainees
....
not
cI:wged
with
criminal
vk>Iations
and
....
otJl.y
held
in
custody
to
assute thcir
presence
throughout
the
adn:IInistr:ati
hearing
~
and
to
U8IllC
tbeIr
p:esena:
for
mnoval
from
the
UDlb:d
Statoo
punuant
to
a
lawful
ftnal
order
by
the
fmmicmtion
Courr,
the
BoanI
of
bnnugration
Appeals
or
other
Federa1
judicial
body.
B.
l!csO"!!!dbUiticf;
This
Agreement _
forth
the
te8IioDaibilities
of
ICE
and
the
Service
Provider.
The
Ast-nent
&taUs
the
aetYices
the
Scmle
ProvkIer
shall
perform
saJisfactorIly
to
n=!ve
payment
from
ICE
at
the:ratlO
prescribed
in
An:ide
1,
C.
C.
Qnida"'r
This
is
a
ilxed
me
agreement,
not
a
coot
reimbutsable
agreernenr,with
respcctto
the
detainee
day
rate.
The
detainee
day
rate
is
$SM3. ICE
sball
be
ROponsible
far
teV!ewing
and
approving
the
C<JOU
ssoociaoed
with
this
Agreement
and
mbsequent modi6catioas
itttllii.ng
all
applicable
faletal procurement
Jaws.
l"gnlsr!on. and
6IBIldatds
in
arriYing
at
the
detainee
day.-.
1
 
Article
n.
General
A
Fppt!!nm
The
oblfption oflCE
to
maIoe
pavmenI$
to
the
Service
Providerls
com:i1lgentupon
the
IMliIabllity
of
Federal funds.
ICE
will
neither
pment
<!etan-
to
the
SetvIce
Pravider
nor
direct
perfotmanoe
of
any
other
setvIces
until ICE
bas
the
approprIaJ:e
funding.
Orders
will
be
placedunder
this
Agreement
when
apcclfIc
~
havebeen
identified
and
funding
obtained.
Perfurmam:e
under
this
Agreement
Is
I\Ot
au1horbed
until
the
Contmetlng
Officer
iosties
anorder,
In
writing.
The
effcct!ve
date
of
the
Aer=nent
will
be
nqotlatled
and
speclfied
in
a
~
order
!D
this
Agreement
that
is
supportEd
by
the
ICE
Cantm:ting
Officer.
This
Agreement
is
neither
binding
nor
effocttve
un1ess
signed
by
the
ICE
Contraaing
Officer.
Paymenl>l
at
the
approved
tau:
will
be
paid
upon the
retum
of
the
slgned
Agteemeot
by
the
authorized Local
Government
official
to
ICE.
B.
Snhoonmrtpn:
The
ServIoe
ProvIder
shall
notify
and
obtain
approyal
from
the
ICE
Contraeting
Officer'.
Tcdmical
RepresentBtlve
(COTR)
or
designated
ICE official
if
t
Intends
to
house
ICE
detainees In
a
facility
other
than
the
DavId
1.
M06S
Criminal
Justice
Center.
If
either
that
facilitv,
or
any
future
&cilirJ
is
operated
by
an
entity
other
!ban
the
Setvice
Provider,
ICE
shaU
treat
the
entity
as
a
subcontraetm
co
the
SeMce
Provider.The
SeMce
Provider
shall obteln the
Contracting
Officer's
approval
before
sobcootractirog
the
detmtion
and
care
of
~
to
another
entity.
The
Cantm:ting
Officer
bas
the
right
co
deny,
withhold,
or
withdraw
approval
of
the
pxopoeed
aubc:ontrattor.
Upon
approval
by
the
Conaacting
Officer, the
Sen>k:e
Provider shall
ensure
that
anyaubcontract
includes
aU
provIsIoN
of
his
Agreement,
and
shall
provide
ICE
with
copies
of
aU
subcontract&.
All
payments
will
be
made!D
the
ServIoe
Provider.
ICE
will
not
aa:epr:
invoices
from,
or
make
payments
to
a
oubcontract:ot.
c
Coruim:nt
with
lJIW)
This
Is
a
finn
fboed
tau:
agreement,
not
cost
n:imbunable
~
This
Agttcment
I.
pennitted
under
applicable
&tatull!S,
tegUlatitm,
policles
or
judicial
mandarrs.
Arrt
pxoviIIon
of
his
AgreeII1£Ill:
cont:ruy
to
applicable
&tatull!S,
reguladon,
policies
or
judicial
DllUUIates
,
1lI
DUll
aDd
void
and
shall
not
necessarily
affect
the
balance
of
the
Agnoemeot.
Article
m.
Cove:e4
Semces'
A
'l..!'P''''''
The
SeMce
l'Iov\d..r
shall
make
acc:as!b).,
up!D
one hundred
ODd
forty
(140)
moleIfema/e
beds
on a
spare
available
basis.
The
Servire
Provider
shall
house
aU
detainees
as
derermined
within
the
SeMce
P r a v i d e r ' s c l a s s i 1 l c a t i o n ~ 
ICE
will
be
fl
nanctal1vliahleonly
Cor
the
actual
detainee
days
as
defined
In
Paragmpb
C
of
Article
IlL
B.
Basic
Nml"
The
Setvice
Provider
shall
pro.lde
ICE
detainees
with
safekeeping,
housing,
oubsis£enc<-.
medical and
other
aervioes
/n'acaml.ancewith
this
i\greement.
In
pmvidingthese
,
services,
the
Service
Provider
shall
enzure compliance
with
aU
applicable
!awe.
xeguladons,
fire
and
safety
codes,
~
and
procedures.
If
he
Service
Provider
detennInes
that
ICE bas
delivered
pet80D
for
custDdy who
is
under
the
age
of
eigIueen
(18).
the
ServIce
Provider.hall
not
house
that
pet80D
with
adult
detem-
and
shaIIlmmedialcly
notify
the
ICE
COTR or
deslgnated
ICE
official.The
tj>peS
and
levels
of
services
shall
be
oonsllI!ent
with
those
the
Setvice
Provider
routinely
affutds
other
inmo.teS.
 
~
.
.
I
I
C.
Unit
ofSmk:e
and
Financial! i.blnW
The
unit
of
service
is
caIkd
a
"detainee
day"
and
is
defined
as one person
per
day.
'The
detaio.;e
day
begina
on
the
date
of
arrival.
The
Sm>!ce
Provider
may
bill
ICE
fur
the
date
of
miYa1
but
not
the
date
of
departure.
The
Service
Provider
shall
not
t~
fur
com,
which
are
not
dIrecdv
related
to
the
housing
and
detention
of
detainees.
Such
costs
include
but
are
not
limited
to:
1)
Salaries
of
elected
ofIIciaIs
2)
Salaries
of
mpIoj1eea
not
directly
engaged
In
the
housing
and
detention of
detaln
...
3)
Indired:
com
In
which
a
perca>ragoe
of
allloc;al
government
CXlIItlI
are
prMated
and
applied
to
individual
departmartlunlcos,
those
cost
are
allocated
under
an
approved
Cost
Allocation
Plan
4)
Detainee
services
wb.Ich
are
not
provided
to.
or
cannot
be
u...t
by
Federaldetainees
5)
OperatIng
costS
of
facllItIes
not
utilized
by
Federal
detainees
6)
lnb>reat
on
borrowing
(boweve<
TepreSented),
bond
discounts,
COSII;
of
tlnandng/tefinaJlI:Ing,
eccept
as
preoc:ribed
by
OMB Cirrular
Ml7
1)
J..easl
or
protessiona1
fees
(apecil!a.lly
!egalexpenaes
fur
prosecution
of
claims
aealnst
the Federal
Oovemment,
!egalexpenses
of
individual
deIainees
or
inmates)
8)
Contiugende. .
D.
lnraraetiyt;
Srzyjrn·
The
Service
Provider
shall
malce
spedld
provi&Ions
fur
non-English
speaking,
handlapped
or
ilIit£rate
dctaineea.
ICE
will
teimburse
the
Serv;'"
Provider
fur
the
actual
costS
.......
a1led
with
providing
commercial
wrInm
or
telephone
IaIIg1.IIIgO!
1n1le1'pretM:
IClViccs.
Upon
request,
ICE
will
aseist
the
Service
Provider
In
~
tnmaIadon
IClViccs.
The
Service
Provider
shall
provide
aU
!nattuctIons
-tn.lly
either
in
English
or
the
detainees'language,
as
ap~
to
detainees who
cannot
read.
The
Service
Provider
shall include
the
actuallXl6lS
that
the
Service
l'nMder
paid
fur
such
services
on
I1lI
monthly
invoice..
E>rCepc
in
emer&enCY
situations,
the
Servke
Provider
shall
not
\lie
detainees
fur trarulation
services.
the
Service
Provider
uses
a
detainee
fur
ttansIatIon
service,
it
shall
notiCy
ICE
wit:hin
twentTfour
(2+)
houn
of
the
traDSlation
service.
E.
EKOtt
and
Tnp!!Il<!!'!i!tinn
Senrm.
The
Service
Pwvider
will
provide, upon
request
and
as
scheduled
by
ICE,
necessary
escort
md
tranaportlltion
services
for
ICE dotaiuees
to
and
from
designarwl
locations.
'&tort
services..ru
be
required
fur
escot1iog
deIainees
to
coon:
hearingo;
escottingwitnessc:s
to
the
courtroom
and
IClged
with
the
ICE
J~
during
administ:Iatlveproceedingo. TmnspotIatIon
Service&
shall
be
perfurmed
by
at
least
lWC
(2)
quaUfted
IWOTIllaw
enftm:emenc
or
correctional
officer
penonnel
employed
by
the
Servioe
Provider
under
their
poIides, prooedures
and
authorities.
See
Article
XVI.
'A.
Rc!mj.ro
Mlylrc
The
Servk:e
Provider
shall
t=M:
and
discharged<tainees
onlv
to
and
from
properly
identified
ICE
penonnel
or
other
properly
identIfled
Federal
law
enfotr.ement
officiaL;
with
prior
authorisation
from
DlfS/lCE.
PreseuIatIon
of
U.s.
Government
1denti/katkm.haIl
constitute
"proper
identification."
The
Service
Provider
shall
furnish
rec:eiYJng
and
diBchatgJng
seMces twent)'four
(24)
houa
per
day,
_
('I)
days
per..-k.
ICE
shall
furnish
the
Servioe
Provider
with
reasonable
notice
of
ecelYing
and
disclwgJng demlnees.
The
Service
Prowler
shall
ensure
posirl1le
identlfkatlon and
teeotding
of
detainees
and
ICE
oflken.
The
Service
PrOYlder
3
I
.1
I
[
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