nnomsa?09-0038 INTER-GOVERNMENTAL SERVICE AGREEMENT 83mm me STATES DEPARTMENT OF HOMELAND secunmr U.S. IMMIGRATION AND cusmms WORM OFFICE OF DETENTION AND REMOVAL AND BAKER COUNTY This Inter-Governmental Service Agreement (?Agreement?) is entered into between 7 United States Department of Homeland Security Immigetion and Customs Enforcement -. 'a . and Baker County Sheriffs Department (?Service Provider?) for the detention. -- t. . - and care of aliens (?detainees?). The term ?Parties? is used in this Agreement to-refer .. -. 1? . jointly to ICE and the Service Provider. -. . .-: ACID ION: . f, i. I. The ServioeProvider shall provide detention services for detainees at the following .. - . . . 1r . 3 Baker County Sheriff?s Department (?Facility?) . 2: . - fauna: 3? fiieuyitw - 1 . Sheriffs Office Drive. - f. *t'tz m2?. Macclenny,FL 32063 - i: i" INTERGOVERNMENTAL SERVICE AGREEMENT . 0 .7 ATTACHMENT 1- Title 29, Part 4 Labor Standards for Federal Service Contract? seamen: - mes Demure: humans-one nan? 071103009. . 22:. . 1-2-1: -. - . Lg Wagner, the undersigned. duly authorized o?oers, have subscribed their names on behalf of the Baker County Sheriff?s Department and Department of Homeland- Security, U.S. Immigration and Customs Enforcement. ACCEPTED: US. Immigration and Customs b6, b7c Contracting omoer Date: at Page 1 of 17 2012FOIA3030.004378 -. . us.- Article 1. Purpose Pumose; The purpose of this lntergovemmental Service Agreement (IGSA) is to establish 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, as amended. All persons in the custody of ICE are ?Administrative Detainees". This term recognizes that ICE detainees are'not . charged with criminal violations and are only held in custody to assure their . presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the Immiyation Cburt, the Board of Immigration Appeals or other Federal judicial body. . B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the . - Service Provider. The Agreement states the services the Service Providerle . - perform satisfactorily to receive payment from ICE at the rate prescribed in . Article I, C. C. Guidance' This is a ?xed rate agreement, not a cost reimbursable agreement, with reSpect to the detainee day rate. The detainee day rate is $84.72. ICE shall - be responsible for reviewing and approving the costs associated with this - Agreement and subsequent modi?cations utilizing all applicable federal I -- . .. procurement laws, regulations and standards in arriving at the detainee day rate. Articlc'Il. General, A. Commencement of Services: ICE is under noobligation to utilize the facility identi?ed herein until the need for detention services has been con?rmed, funding has been identified and made available, and the facility meets ICE requirements . and is in compliance with ICE detention standards? B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal 'funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when speci?c requirements have been identi?ed and funding obtained. Performance under this Agreement is not authorized until the Contracting O?icer issues an order in writing. The effective date of the Services will be negotiated and speci?ed in a delivery order to this Agreement. C. Subcontractog: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer?s Technical Representative (COTR) or designated ICE of?cial if it intends to house ICE detainees in a facility other than the Baker County Sheriff?s Department. If either that facility, or any future facility is operated by an entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Pagc2 of 17 Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?cer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies ?of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to a subcontractor. Subcontractors that perform under this agreement are subject to the toms and conditions of this IGSA. D. Consistent with Law: This is a ?nn ?xed rate agreement, not a cost reimbursable agreement. This Agreement is pennitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes; regulation, pelicies or-judicial mandates is null and void and shall not necessarily affect the balance of theAgreement. Article Covered Services . A. Bedspace: The Service Provider shall provide male/female beds on a space - available 350). The Service Provider shall house all detainees as . determinedwithin the Service Provider?sclassi?cation system. ICE will be - ?nancially liable only. for the actual detainee-days as de?ned in Paragraph of . .. . B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement; In providing these services, the.Service Provider shall ensure' compliance with all-applicable?laws, regulations, ?re and safety codes, policies and procedures. The types and levels of services shall be consistent with. those the Service Provider routinely affords other inmates. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (l 8), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE official. ICE will use its best efforts to remove thejuvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability: The unit of service is called a ?detainee day? and is de?ned as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: Page 3 of 17 2012FOIA3030.004380 1) Salaries of elected of?cials- 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless, those cost are allocated under an approved Cost Allocation Plan 4) Detaineeservices which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized by Federal detainees . 6) Interest on borrowing (however represented), bond discounts, costs of ?nancing/re?nancing; except as prescribed by OMB Circular A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution'of - .. - claims against the Federal Government, legal expenses of individual detainees oriin'mates) 9 - 8) Contingencies D. Interpretive ??rvicesz The Service Provider shall make special provisions for, . I -- non-English or illiterate detainees. ICE will reimburse the .. - . - Service Provider for "the actual costs associated with providing commercial . . written or telephone language interpretiveservices. Upon request, ICE will assist the Service Providerrin ob?taining translationiservices. The Service Provider shall 3 . provide all instructions verbally either in English or the detainees? language, as . s; appropriate, to detainees who cannot read. The Service. Provider shall include the s5? actual costs that the Service Provider paid for such services on its .- - . .. invoice. Except in? emergency situations, the Service Provider shall not use - - . detainees fortranslation. services. '16 the Service Provider uses a detainee for translation service; it shall notify ICE within twenty-four (24) hours of the . translation serviceEscort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services may be required for escorting detainees to court hearings; escorting witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at leas uali?ed sworn law enforcement or correctional of?cer personnel employe the Service Provider under their policies, procedures and authorities. See Article XVII. Article IV. Receiving and Discharging Detainees A. Required Acm '11: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law enforcement officials with prior authorization from Presentation of US. Government identi?cation shall constitute ?proper identi?cation.? The Service Provider shall furnish receiving and discharging Page 4 of 17 services twenty-four (24) hours per day, seven Q2 days per week. ICE shall furnish the Service Pr?der with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. ,5 B. Emergency Situations: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or'in response'to afederal writ of habeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately regarding any such requests. .D. Service Provider Right of Refusal:' The Service Provider retains the right to re?ise acceptance, or request removal, of any detainee exhibiting violent or . disruptive behavior, or of any.detaince found to have a medical condition=thatg requires medical care beyond the?scope'of the Service Provider?s health care. provider. In- the case of a detainee already ineustody, the Service Provider. shall notify ICE and request such rem'twal of the detainee from the Facility. The . i Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. - . E. Emergency Evacuation: 'In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority; The Service Provider shall notify the ICE COTR or designated ICE of?cial within two 43) hours of evacuation. Article V. Detention Standards Satisfactory Performance: The Service Provider is required to house detainees and perform related detention services in accordance with the most current edition of ICE National Detention Standards ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE National Detention Standards. Page 5 of 17 2012FOIA3030.004382 A . -A. - -VA A Article VI. Medical Services A. The Service Provider shall be responsible for providing health care services for H. stated otherwise in this Agreement. ICE detainees at the facility, including: on-site sick call, over the counter medication and routine drugs and medical supplies. . In the event of an emergency, the Service Provider shall proceed immediately with necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or injury and type of treatment provided. . The Service Provider shall ensure that all health care service providers utilized for. . ICE detainees holdcurrent licenses, certi?cations, and/or registrations with the- State and/or City where they are practicing; The Service Provider shall retain a registered nurse to provide health care and-sick call coverage unless expressly . . The Service Provider shall ensure that onsite medical and health care coverage-is available for all ICE- detainees at the facility twenty-four g4) hours per day, seven . (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for. health complaintsand deliver complaints in writing to the medical and healthcare staffThe Service Provider shall furnish onsite health care under this Agreement as de?ned by the facility local health authority. The Service Provider shall not charge any ICE detainee an additional fee or for medical services or treatment provided at the Facility. The Service Provider shall ensure that ICE detainees receive 'no lower level of onsitemedical care and services than those it provides to local inmates, if there are any. Onsite health care services shall perform initial medical screening within 12. hours of arrival to the facility, sick call coverage, provision of over~the-counter medications, treatment of minor injuries, treatment of special needs and mental health assessments. A full health assessment to include a history and hands on physical examination must be done within the ?rst 13 days of detainee arrival. Detainees with chronic conditions shall receive prescribed treatment and follow- up care. . Arrival screening shall include at a minimum TB screening, planting of the Tuberculin; skin Test (PPD), and recording the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). If the Service Provider determines that an ICE detainee has a medical condition which readers that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable Page 6 of 17 violence), the Service Provider shall notify ICE. Upon such noti?cation, the Service Provider shall allow ICE reasonable time to make the proper arrangements for ?nther disposition of that detainee. The DIHS acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The Service Provider shall release any and all medical information for ICE detainees to the DIHS representatives upon request, except where prohibited by federal or state law or regulation, The Service Provider shall submit a Treatment Authorisation Request (TAR) DIHS for payment before proceeding with non-emergency, off-site medical care off site lab testing,- eyeglasses, cosmetic dental, prosthetics, and dental care for cosmetic purposes). - The Service Provider shall submit supportingudoctunentation for non-routine, off- site medical/health services to DIHS. 'For medical care provided outside the - facility, the may determine that an alternative medical provider or - institution that more aptly meets-the needs of ICE and the detainee. The-Service:- - Provider shall send requests for pre-approval for non-emergency off-site care electronically to the following address icehealth.orgltarweb. The Service Provider shall ?rmishtWenty-four (25) hour emergency medical care and facility emergency evacuation procedures. In an emergency, the Service i - .. - have access to an off site emergency medical provider at all times. The Health . Authority of the Service Provider'shall notify the DIHS Managed Care than seventy-two (1-3) hours a?er detainee receipt of such care. The Health Authority will -obtain'pre'~authorization for payment from the DIHS Managedv - . Care Coordinator for service(s) beyond the initial emergency situation. The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local IGSA Health Authority and associated Service Provider departments. . The Service Provider shall provide ICE detainee medical records to ICE whether created by the Provider or its subcontractors/vendor upon request from the Contracting Of?cer?s Technical Representative or Contracting of?cer. All claims for authorized medical care are to be submitted to the following address: HIS VA Financial Services Center PO Box 149345 Austin TX 78714-9345 Page 7 of I7 .P?rovider shall obtain the medical treatment required. The Service Provider shall. -. Coordinators, ICE Health Services, 1220 L- Street, NW, PMB 468, Washington, .. .- . DC, 20005-4018, phone (888) 718-8947, as soon as possible, and in no case more?- . . O. The Division of Immigration Health Services (DIHS) provides limited prescription drug coverage for individuals in the custody of ICE. Prescriptions are ?lled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Bene?ts Manager). Below is the process for obtaining prescriptions for ICE detainees: . l. The provider shall request a group number which should be used at the pharmacy in conjunction with the 004410 and Processor Control DIHS assigned by Script Care Network to designate this is an ICE detainee. The custodial facility should either fax or take a copy of the prescription to their participating pharmacy and indicate that this is an ICE detainee. 4 . - - 2; The pharmacy .will run the prescription through the Script Care network forprocessing.. . . 3. -Formulary prescription will be dispensed; however, there will be no need for an exchange of cash between the pharmacy and custodial facility asthe pharmacy will receive paymentzdirectly from Script Care. .. 4. Non-Formulary prescriptions will follow the same procedure as formulary - - - - . prescriptions; howevcn'because. non-formulary medications require prior - - . authorization'the pharmacy. will receive a rejection indicating prior -- authorization is' required; At that point the custodial facility will fax Script Care the Drug Prior Authorization Request Form (409-833-7435) to the number designated at the top ?of the form. The authorization will be leaded into the Script Care?itetwork and the pharmacy will receive a call indicating the prescription has-been approved. Non-Formulary urgent request must besubmitted in the above manner except an should be placed on the form in the?space for and faxed to . 409-923-7391. The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved. For further information regarding the Script Care Network please contact the VA Financial Services Center at 800-479-0523 or Script Care directly at 800- 880-9988. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. . Page 8 of 17 Article Employment Screening Requirements A. m. The Service Provider shall certify to the Contracting Of?cer that any employees performingunder this Agreement, who have access to ICE detainees, will have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. - - B. Emploment Eligibility. Screening criteria that will exclude applicants from consideration to perform under this agreement includes: - l. Felony convictions .. . 2. Conviction of a sex-crime 3. Offense/s involving .a child victim 4. Felony drug convictions - - 1 - - 5. Pattern of arrests, without convictions,rthat brings into question a person's judgment and reliability to promote?the ef?ciency and integrity of the ICE nussronIntentional falsi?cation and/or omission ~of.pertinent personal information to . in?uence a favorable employment decision.? Subject to existing law, regulations and/or other provisions of this Agreement, - illegal or undocumented aliens shall not-'be employed by the Service Provider. 2 . The Service Provider shall certify that each employee working on this Agreement . will have a Social Security Card issued-and approved by the Social Security Administration. The SeriviceProvider shallhe responsible to the Government for acts and omissions of his-own employees and?for any Subcontractor(s) and their employees. The Service Provider shall expressly incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of this Agreement. The Service Provider shall recertify their employees every three years by conducting a criminal history records check to maintain the integrity of the workforce. The Service Provider shall implement a Self-Reporting requirement for its employees to inunediately report one?s own criminal arrest/s to superiors. C. Security Management. The Service Provider shall appoint a senior official to act as the Agreement Security Of?cer. The individual will interface with the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Service Provider. Page 9 of 17 The COTR and Contracting Of?cer shall have the right to inspect the procedures, methods, all documentation and facilities utilized by the Service Provider in complying with the security requirements under this Agreement. Should ICE determine that the Service Provider is not complying with the security requirements of this Agreement, the Service Provider shall be informed in writing. by the Contracting Officer of the proper action to be taken in order to effect compliance with these employment Screening requirements. Article IX. Period of Performance This Agreement shall'become effective upon the date of ?nal signature by the ICE . Contracting Of?cer and the authorized signatory of the Service Provider and will remain in e??ect for a period not to exceed ?9 months unless extended by bi-lateral . - modi?cation or terminated in writing by either party. Either party must provide written notice of intention to'terminate the agreement, 120 days in advance of the effective date of formal termination, or the Parties mafiagree to a shorter period. . -.3 - . . under the procedures?presciibed?in Article XIJail Agree ment Inspection Report; The Jail Agreement Inspection Report - stipnlates minimum requirements for ?re/safety code compliance, supervision," - segregation, sleeping'utensils; meals; medical-care, - -: telephone accessglegalcounsel; legal library, visitation, and recreation. The-<- -. .. .. .: Service Provider shall allow ICE to? conduct inspections of the facility, as . .. . - required, to ensurean' acceptable level of services and acceptable conditions of con?nement as determined notice to the service Provider is required - a prior to an inspection. ICE will conduct such' inspections in accordance with the Jail Agreement Inspection Report. ICE will share ?ndings of .the inspection with the Service Provider?s facility administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. B. Possible Terminatigg: If the Service Provider fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles IX and XI. C. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Detainee Reco?; The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the Page 10 of17 detainee's behavior while in the Service Provider?s custody. Furthermore, the . Service Provider shall retain all records where this right of access applies for a period of two (2) years ?'om'the date of the detainee's discharge from the Service Provider's custody. Article XI. Modi?cations and Disputes A. Modi?cations: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. A modi?cation will' become a part of this Agreement only after the ICE . Contracting O?icer and the authorized-signatory of the Service Provider have . . . approved the modi?cation in-writingu . . - - - . .2 .v .. (I) The Contracting Of?cer may at any tir?ne, by written order, and without notice. . . to the Service Provider, ifany,-make. changes .within the general scope Agreement in any one or?r?no're of the following: - Description of services to be performed, including revisions to the . detention standards. in -. .- .- Quantity of services to be provided . Place .of performance oftheservices. - . If. any such change causes an'increaseor decrease in the cost of the services -.-. . - under the Agreement,- make an equitable adjustment. - in the agreement .price and shall modify-the Agreement accordingly. - - (3) The Service provider must'assert its right to an adjustment under this Article . withinlo days from the date of receipt of the written order including a propo? addressingthe cost impacts and~detailedsupporting data. .. (4) If the Service Provider?s preposal includes costs that are determined . unreasonable and/or unsupportable, as determined by the Contracting O?icer, the Contracting Of?cer shall disallow those-costs when determining a revised rate, if any. (5) Failure to agree to any adjustment shall be a dispute under the Disputes section of the Agreement. However, nothing in this Article shall excuse the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising ?'om this Agreement. Settlement of disputes shall be memorialized in a written modi?cation between the ICE Contracting Officer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting Officer, the ICE Contracting Of?cer will make the ?nal decision. If the Service Provider does not agree with the ?nal decision, the matter may be appealed to 'the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute including alternative dispute resolution techniques. The Page of? Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. Article XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on :the cover page of the document, Article I C. The Parties may adjust the rate twelve (13) months alter the effective date of the agreement and every twelve (13) months . thereafter. The facility of the Service Provider is new. new an maximum .- systems-and pers?hnsl?if?pls?? fd?rizsix-t ?anathema -. . actual costs to evaluat6fw11etlier-tlie dayirats t'ogb'c "adjusted accordingly. The Parties shall base the cost portion of the rate adjustment on the principles of -- .- - . allowability and allocability as set forth in OMB Circular A-87, federalprocurem?nt . laws, regulations, and standards in arriving at the detainee day rate. The r?equest for. adjustment shall be? submitted on an. ICE Jail Services Cost Statement. IfICBdoe?s .. F. - - not receive anof?cial request for a detainee day rate adjustment that is supported by: a: . - I an ICE Jail Services Cost Statement, the ?xed detainee day rate as stated in this Agreement will be in place inde?nitely. See Article A. -. ?v - ICE reserves the right'tcraudit'the actual and/or prospective costs upon which the rate. adjustment is based. All rate-adjustments are prospective. As this is a ?xed rate-.: - - - - - . a agreement, there are no :retrOactive Article Enrollment, Invoicing. and 'PaYment i. t: Enrollment in Electronic Funds Transfer: .The Service Provider shall provide ICE with the information needed to make payments by electronic ?tnds transfer (EFT). . - Since January 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881 to ICE payment of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment of?ce. 0B. Consolidated Invoicing The Service Provider shall submit an original itemized invoice within the ?rst ten working days of the month following the calendar month when it provided the services via one of the following three methods: a. By mail: DI-IS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: Page 12 of 17 0 - b. By facsimile (fax): (include a cover sheet with point of contact of pages) . 802-288-7658 0. By e-mail: Invoices submitted by otherthan these three methods will be returned. The - -. contractor?s Taxpayer Identi?cation NumberCI'IN) must be registered in the-Central . - - Contractor prior to award and shall'be notated on - every invoice submitted tolCE to ensure prompt payment provisions aremeti. The ICE program d?ice?shall ?also be notated on every invoice. - . - "Each invoice submitted shall containth'e following information: a. the name'and address ofthe facility'Agreement number,"line item number and,.if applicable, the Task order numberTerms of any-discount for prompt payment offeredName, title, and phone number of personto notify in event of defectiv - - . invoice; . Taxpayer Identi?cation Number (TIN). The Contractor shall include its 2' . onuthe?in'voice only ifrequired elseWhere in this Agreement. (See paragraph - above.) A :v .. . - the total numberofcresidential/detainee days; the daily rate; . the-total residential/detainee days multiplied by the daily rate; the name of each.lCE resident/detainee; resident?sldetainee?s A-number; - speci?c dates of detention for each resident/detainee; . an itemized listing-of all- other charges; For stationary guard services, the itemized invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was guarded. a Pr'r'r's?qa Items a. through i. above must be on the cover page of the invoice. Invoices without the above information'may be returned for resubmission.? C. Payment: ICE will transfer ?mds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth 30' calendar day a?er the Burlington Finance O?ice receives a complete invorce. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Page 13 of 17 2012FOIA3030.004390 Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor Registration (OCR) and all information is accurate Article XIV. Government Furnished Property A. Federal Property Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains titled to and shall be returned to the custody of ICEzupon termination of the Agreement. The suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all government furnished property. B. Service Provider. [gesponsibility The Service Provider shall not remove ICE - a property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of. any Federal Government property immediately to ICE. Article XV. Hold Harmless and Indemni?cation Provisions . ?7 ?r 't A. Service Provider Held- Harmless: ICE shall, subject to the availability of ?mds, .0 - save and hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature,.for injury to or death of. any person(s), or loss or damage to any property, which occurs in connection with or is incident to performance of work under the terms of this Agreement,'and which results from?negligcnt acts or omissions of ICE of?cers or employees, to the extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government Held Harmless: The Service Provider shall save and 'hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the tenets of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, ICE shall request that the US. Attorney's Office, as appropriate, move either to have the Service Provider dismissed from such suit;n to have ICE substituted as the proper party defendant; or to have the case removed Page 14 of 17 2012FOIA3030.004391 - A. to a court of properjurisdiction. Regardless of the decision on any such motion, ICE shall request that the US Attorney's Office be responsible for the defense of any suit on these grounds. ICE Recoverv Right: The Service Provider shall do nothing to prejudice ICE's right to recover against?third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. - .. . Article XVI. Financial Records Retention of Records: All ?nancial records, supporting documents, statistical. records, and other records pertinent to contracts or subordinateagreements under this Agreement shall be retained by the Service Provider for three (3) years for purposes of federal examinations and audit..The three (3) year retention period . begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation,.audit, or other action involving the records has been started before the expirationI-of. the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise . from it or until the .end Of year period, whichever is later. Access to Records?: ICE and the Comptroller General of the United Statesgvorany- 1? of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other rccordsof the Service Provider or its sirb- - contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. . Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article XVII. Escort/Stationary'Guard and/or Transportation Services A. Transport/Escort/Stationarv Services Rate: The Service Provider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ground services as may be required to transport detainees securely, in a timely maimer, to locations as directed by the ICE or designated ICE of?cial. ICE directed transportation will be reimbursed at the rate of .40 per hour. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of per hour. At leas quali?ed law enforcement or correctional officer personnel Page 15 of17 2012FOIA3030.004392 employed by the Service Provider under their policies, procedures and practices will perform transport services. Transportation shall be reimbursed at the mileage rate established pursuant to the General Services Administration travel allowance rate established in the Agreement. The mileage rate for thisagreement is $0.55 mile. Mileage shall be denoted as a separate item on submitted invoices. . Medical/Legal Transportation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and for detainees attending off-site court proceedings. An of?cer or of?cers, shall keep the detainee under constant supervision twenty-four 24) hours per day until the detainee is ordered released from the hospital, or at 1e order of the COTR- The Service Providers agrees to augment such practicesas may be requested by. enhanee ,speeiu?c requirements for security, detainee monitoring, visitation and contraband control. . Furthemlore, the Service Provider agrees to hold harmless and. indemnify and its of?cials in their of?cial and individual capacities from any liability, including third~pany liability or worker?s compensation, - arising from the conduct of the Service Provider and its employees duringathe course of transporting ICE detainees. Personal Vehicles: The Sen/ice Provider'shall not allow employees to use their personal vehicles to transport detainees. ?The Service Provider shall furnish - vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security speci?cations of the vehicles to for review and approval prior to installation. Training and Compliance: The Service Provider shall comply with ICE . transportation standards related to the number of hours the Provider?s employee may operate a vehicle. The transportation shall be accomplished in the most economical manner.- The .. Service Provider personnel provided for the above services shall be of the same. quali?cations, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this agreement. Same Sex Transport: During all transportation activities, at least one of?cer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for ?nal determination. 0. Miscellaneous Transportation: The COTR may direct the Service Provider to. transport detainees to unspeci?ed, miscellaneous locations. Page l6ofl7 2012FOIA3030.004393 H. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing- (times and dates) and the name of the detainee(s) that was guarded. - Article Contracting Of?cer?s Technical Representative A. The COTR shall be designated .by- the Contracting Officer; When and if - the duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual. documents or to otherWisecommit to, or issue changes, which could affect the price, quantity,~or performanMOf this Agreement. B. Should the Provider believe they have received direction that is not within scope of the agreement; the Provider shall not proceed with any portion that is not .I - within the scape of the agreement'without ?r'st contacting the Contracting Of?cer; - The Provider shall continue perfonnanbe-of efforts that are deemed within scope.-- . . 1; t. - Article XIX. 'Labor Standards and Wage Determination A. The Service Connect-Act, 41 use, 35m seq? Title 29, Part 4 Labor Standards- . for Federal Service contracts; I. These - . -. .- standards and provisions are entered into-by the. United States or the District of Cbl'tnhbia'; in ?eXce'ss of $2,500, or in an inde?nite . amount; the princip?al?purpose of which is to fumish services through the use of - service employees-?See Attachment l. . . . B.-Wage Determination: Each service amploy'e'e employed in the performance of this contract/[GSA shall'be.paid n'ot'l?ss'than th?'minimum monetary wages and shall be -. furnished ?'inge bene?ts'in accordance with the? Wages and fringe bene?ts determined by the Secretary of Labor or authoriz'ed representative, as speci?ed in any wage determination attached to this contract?See Attachment 2. Article XX. Noti?cation and Public Disclosures: - There shall be no public disclosures regarding this agreement made by the Provider (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Of?cer. Article XXI. Incident Reporting: The Service Provider shall notify the cognizant ICE of?ce in accordance with the . applicable National Detention Standard. - END OF DOCUMENT Page 17 of 17 2012FOIA3030.004394