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HomeMy WebLinkAboutRes1997-171 . I r r Sponsored by: Gifford CITY OF SEWARD, ALASKA ' RESOLUTION NO. 97-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A CONTRACT WITH THE U. S. IMMIGRATION AND NATURALIZATION SERVICE TO PROVIDE SPACE FOR FEDERAL PRISONERS ARRESTED IN THE SEWARD AREA FOR VIOLATIONS OF IMMIGRATION LAWS WHEREAS, the City of Seward maintains a contractual relationship with the U. S. Immigration and Naturalization Service to house foreign nationals arrested in the Seward area for violations offederal immigration laws; and WHEREAS, under the terms of the contract, the City is compensated by the Immigration and Naturalization Service for each man-day a prisoner is incarcerated in the Seward jail; and WHEREAS, the City is compensated in the amount of ninety dollars per man-day; and WHEREAS, this is a yearly contract, and the current agreement expired on September 30, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Intergovernmental Service Agreement, ANC-98-0003, between the City of Seward and the U, S. Immigration and Naturalization Service, for the period October 1, 1997 through September 30,1998, is hereby APPROVED. Section 2. A copy of the Agreement is attached and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of October, 1997. THE CITY OF SEWARD, ALASKA ~d!~Jli3v owell R. Satin, Mayor CITY OF SEWARD, ALASKA RESOLUTION NO. 97-171 AYES: NOES: ABSENT: ABSTAIN: Blatchford, Callahan, Clark, Gage, King, Orr, Satin None None None ATTEST: yO~C Patrick Reilly Cit~~~If~';'" ",<Ii .1 '.' ,d__, , 'Ii ~, ~"'''''' " i~)t~il)OP"';:~:, ~ :..::~" --c- 1< ... . .:. - . "f ~ .: !=r_f~.0.(~,,-~ ,'::I . ~ 1.'~ . ,1 . --e~~ \ e. ~ ~,., \\ _9"";,~1~ .....V" :'. en .. t.,.;'.r J,,;0~.~. .,;__, \'. ";"', '. ,"' ~ '1 ,," ;:- . ,',1. :"" " ,. ~ "'''~;.' "" 1 . . I r r Agreement No: IGSA 94-3 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE U.S. IMMIGRATION AND NATURALIZATION SERVICE AND THE SEWARD COMMUNITY JAIL PURPOSE The Purpose of this intergovernmental Service Agreement (I.G.S.A.) is to establish a formal binding relationship between the United States, Immigration and Naturalization Service (hereafter referred to as the "Service") and the Seward City Jail (hereafter referred to as the "Provider") for the detention and care of persons charged with violations of the Immigration and Nationality Act, as amended (INA) and related criminal statutes. F or the purpose of administering this Agreement, the Service will be represented by the District Director or Chief Patrol Agent ofthe INS area in which the services are provided. Designation, coordination, and execution of facility inspections shall be directed by the Service Representative. SUPPORT AND MEDICAL SERVICES The Provider agrees to accept and provide for the secure custody, care, and safekeeping of Service detainees in accordance with Federal, State, and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility . The Provider agrees to provide Service detainees with the same level of medical care and services provided local prisoners including the transportation and security for Service detainees requiring removal from the facility for emergency medical servIces. -1- The Provider shall notify the designated contact person at the local Service office within twelve (12) hours of all medical emergencies requiring removal of a detainee from the Facility, Service authorization will be obtained prior to removal of a detainee from the facility for non-emergency medical services in accordance with procedures to be established and mutually agreed upon. For medical care provided outside the facility, the Service retains the option of designating a medical provider for non-emergency care ifthe Service determines that an alternative provider is more cost effective, or more aptly meets the needs of the Service. All costs associated with hospital or health care services provided outside the Provider's facility, will be billed to and paid directly by the Service. The health care provider shall be advised to invoice the Service directly for services provided, addressing itemized bills to the Service representative. The United States Public Health Service is under contract to the Service to help insure preservation of the health of detainees as an'integral part ofthe INS Health Care Program. For purposes of oversight, the relationship of the INS Health Care Program to the detainee shall be likened to that of physician to patient. In this light, restrictions generally applicable to the release of information by the Provider will not be applicable to representatives of the INS Health Care Program, who will be the final authority regarding the health of Service detainees. Additionally, the provider agrees to make a reasonable effort to obtain completed Service form 1-813, INS Health Care Program Authorization for Disclosure ofInformation, from detainees being referred for outside medical treatment, and provide the executed forms to the Service. RECEIVING AND DISCHARGE The Provider agrees to accept as Service detainees those persons committed by Service officers for violations of the Immigration and Nationality Act and related criminal statutes only upon presentation by the officer of proper INS credentials. The Provider agrees to release Service detainees only to Service officers or agents specified by the Service; the officer or agent must present proper credentials. Any questions, regarding any individual presenting himself as having such authority, -2- . I r r should be addressed to the contact persons, identified later in this document, before releasing any detainee(s). Service detainees may not be released from custody or placed in the custody of other jurisdictions for any reason except for medical or other emergent situations or in response to a Federal Writ of Habeas Corpus. If an Service detainee is sought for state or local court proceedings, only the Service Representative, or his designee, can authorize release of the detainee. The Service Representative shall be immediately advised regarding any such request. MINIMUM STANDARDS The Provider agrees to meet the following minimum standards: 1 . 24 hour supervision of detainees, either visual or auditory, 2. meet or exceed all applicable fire and/or life safety codes and will have and maintain appropriate smoke/fire detection equipment in the facility, 3. A minimum of three, nutritionally balanced meals in a 24 hour period for each detainee. No fewer than 1,500 calories total per 24 hours and, if detention exceeds four (4) days, no fewer than 2,000 calories per day thereafter. There will also be no more than 14 hours between meals. 4. Appropriate 24 hour emergency medical care, and emergency evacuation procedures. 5. When detained overnight, each detainee will be provided a mattress, and, when appropriate, a blanket. -3- FACILITY LOCATIQN The Provider shall provide detention servIces for aliens at the following institution( s): Seward Community Jail INSPECTION The Provider agrees to allow periodic inspections of the facility by Service Jail inspectors. Findings will be shared with the facility administrator in order to promote improvements to facility operations or conditions of confinement. Failure to maintain at least the minimum standards, discussed above, will be sufficient cause for suspension of this agreement. FINANCIAL PROVISIONS The per them rate under this agreement is $90.00 per man day. The rate covers one person per day. The government may not be billed for two days when an alien is admitted one evening and removed the following morning. The Provider may bill for the day of arrival but not for the day of departure. The Provider shall prepare and submit an itemized invoice for the services provided each month, in arrears. The invoice is to be submitted to the following location: U.S. Immigration & Naturalization Service 620 East 10th Avenue, # 102 Anchorage, AK 99501-3708 Attn: DDP -4- . I r , The 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 the Provider 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. Payment under this agreement will be due the thirtieth (30) calendar day after receipt of a proper invoice in the office designated to receive the invoice. The date ofthe check issued in payment shall be considered to be the date the payment is made. Original invoices shall be submitted monthly to the Service office designated to receive invoices. Invoices should be submitted within the first ten working days of the month following the calendar month in which the services are provided. The invoice must include the name, title, phone number and complete mailing list address of the official submitting the invoice. In addition, it shall list each Service detainee, the specific dates of detention for each, the total number of days, the daily rate, and the total amount billed (total man days multiplied by the daily rate). Each invoice must also include the complete IGSA number and the delivery order number that generated the invoice. PAYMENTS WILL BE ISSUED FROM: u.S. IMMIGRATION AND NATURALIZATION SERVICE Attn: ACLFIN, 5th Floor P.O. Box 30110 Laguna Niguel, CA 92607-0110 A copy should be sent to: U.S. Immigration and Naturalization Service 620 East 10th Avenue, # 102 Anchorage, AK 99501-3708 Attn: DDP ':"5- This agreement shall be in effect upon execution by both parties, and shall remain in effect for five years from the date of execution, unless terminated sooner in writing, by either party, as discussed below, Should conditions of an unusual nature occur making it impractical or undesirable to continue to house aliens, either party may suspend or restrict the use of the facility by the Service by giving written notice of such intent to the other party. Such notice will be provided 30 days in advance of the effective date of a formal termination and at least two weeks in advance of suspension or restriction of use unless an emergency situation requires the immediate relocation of aliens. The provider may initiate a request for a rate increase or decrease by notifying the local office of the Service in writing at least 60 days prior to the desired effective date of the adjustment. Any rate increase must be justified in writing to the local Service office prior to being approved. Adjustments will be evaluated on the justification provided and the reasonableness of the proposed price increase. Changes in rates or other terms and/or conditions of this agreement, shall be effected by the issuance of either an amendment to this agreement, or the execution of a new agreement. -6- . I r , MODIFICA TIONSIDISPUTES Either party may initiate a request for modification to this Agreement in writing. All modifications negotiated will be approved by the Service Representative and the Provider. Service approval will be shown through issuance of an amendment to this Intergovernmental Service Agreement or execution of a new agreement. Disputes, questions or concerns pertaining to this agreement will be resolved between the Service and the Provider or authorized agent. Unresolved issues are to be directed to: Regional Counsel U. S. Immigration and Naturalization Service Western Regional Office 24000 Avila Road, 6th Floor Laguna Niguel, CA 92607-0080 ORDERING OFFICE(S) The following Service office(s) at the addressees) shown may place Intergovernmental Service Agreement Delivery Orders for detention related services in accordance with the this agreement: U.S. Immigration & Naturalization Ser-vice 620 East 10th Avenue # 102 , Anchorage, AK 99501-3707 District Director Deputy District Director Deportation Officer Criminal Investigator Immigration Inspector Border Patrol Agent Immigration Officer Detention Enforcement Officer -7- CONTACT PERSON(S) The Provider is advised to contact the following representative(s) at the local Service office(s) for assistance in matters related to this agreement: Name: Title: Phone: Name: Title: Phone: Stephanie H. Bissland Administrative Officer (907) 271-3449 Kenneth W. Cox Supervisory Deportation Officer (907) 271-3104 The Service may contact the following representative of the Provider for assistance in matters related to this program: Name: Title: Phone: Fax Name: Title: Phone: Fax: Tom Walker Chief of Police (907) 224-3338 (907) 224-8480 Everta Mooter Jail Supervisor (907) 224-3645 (907) 224-8480 THIS AGREEMENT is subject to the availability of congressionally appropriatea funds to the Service. -8- . I SIGNATURES & EXECUTION: IN WITNESS, the parties have caused this Agreement to be executed on the day written below. u.s. DEPARTMENT OF JUSTICE U.S. IMMIGRATION AND NA TURALIZA TION SERVICE Robert C, Eddy District Director Date ITY OF SEWARD P.O. Box 167 Seward, AK 99664 ~113/f'? Rick Giffor Date Acting City Manager r -9-