Common use of DURATION AND TERMINATION OF THIS Clause in Contracts

DURATION AND TERMINATION OF THIS. MOA This MOA will remain in effect for three (3) years from the date of signing unless terminated earlier by either party. At the expiration of the three year effective period, ICE and the AGENCY shall review the MOA and modify, extend, or permit the MOA to lapse. During the MOA’s effective period, either party, upon written notice to the other party, may terminate the MOA at any time. A termination notice shall be delivered personally or by certified or registered mail and termination shall take effect immediately upon receipt of such notice. Either party, upon written or oral notice to the other party, may temporarily suspend activities under this MOA when resource constraints or competing priorities necessitate such suspension. Notice of termination or suspension by ICE shall be given to the AGENCY. Notice of termination or suspension by the AGENCY shall be given to the SAC and/or the FOD in JURISDICTION. Upon a good faith determination that the AGENCY is not fulfilling its duties, ICE shall notify the AGENCY, in writing, and inform the AGENCY that it has 90 days to demonstrate a continued need for 287(g) program services. If this continued need is not demonstrated by the AGENCY, the authorities and resources given to the AGENCY pursuant to this MOA will be terminated or suspended. Upon a subsequent demonstration of need, all costs to reinstate access to such authorities and/or program services will be incurred by the AGENCY. This MOA does not, is not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any person in any matter, civil or criminal. By signing this MOA, each party represents it is fully authorized to enter into this MOA, accepts the terms, responsibilities, obligations, and limitations of this MOA, and agrees to be bound thereto to the fullest extent allowed by law. Date: Date: Assistant Secretary Immigration and Customs Enforcement Department of Homeland Security APPENDIX A POINTS OF CONTACT The ICE and AGENCY points of contact for purposes of implementation of this MOA are: For the AGENCY: For ICE DRO: For ICE OI: APPENDIX B COMPLAINT PROCEDURE This Memorandum of Agreement (MOA) is between the US Department of Homeland Security’s Immigration and Customs Enforcement (ICE) and the Law Enforcement Agency, (AGENCY), pursuant to which selected AGENCY personnel are authorized to perform immigration enforcement duties in specific situations under Federal authority. As such, the training, supervision, and performance of participating AGENCY personnel pursuant to the MOA, as well as the protections for U.S. citizens’ and aliens’ civil and constitutional rights, are to be monitored. Part of that monitoring will be accomplished through these complaint reporting and resolution procedures, which the parties to the MOA have agreed to follow. The MOA sets forth the process for designation, training, certification, and authorization of certain AGENCY personnel to perform certain immigration enforcement functions specified herein. Complaints filed against those personnel in the course of their non-immigration duties will remain the domain of the AGENCY and be handled in accordance with the AGENCY’s Manual of Policy and Procedures, or equivalent rules, regulations, or procedures. If any participating AGENCY personnel are the subject of a complaint or allegation involving the violation of the terms of this MOA or a complaint or allegation of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify ICE of the existence and nature of the complaint or allegation. The results of any internal investigation or inquiry connected to the complaint or allegation and the resolution of the complaint shall also be promptly reported to ICE. The ICE notifications should be made to the Special Agent in Charge (SAC) and the Office of Professional Responsibility (OPR) points of contact in JURISDICTION. Complaints regarding the exercise of immigration enforcement authority by participating AGENCY personnel shall be handled as described below. The AGENCY will also handle complaints filed against AGENCY personnel who are not designated and certified pursuant to this MOA but are acting in immigration functions in violation of this MOA. Further, any such complaints regarding non-designated AGENCY personnel shall be forwarded to the SAC or the FOD in JURISDICTION. In order to simplify the process for the public, complaints against participating AGENCY personnel relating to their immigration enforcement can be reported in the following manner “Complaint and Allegation Reporting Procedures.”