AMENDMENT-OF SOLICITATIONIMODIFICATION OF CONTRACT PAGE OF PAGES 1 I 3 1. CONTRACT ID CODE 2. AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE P00001 See Block 16C 4. REQUISITIONIPURCHASE REO. NO. 5. PROJECT NO. fifeppl'icabi?e) S. ISSUED BY CODE 7. ADMINISTERED BY (ifofhecthan Item 6) CODE ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Office of Acquisition Management 801 I Street NW, Suite 930 Washington DC 20536 ICE/Detent Mngt/Detent Immigration_and Customs Enforcement Office of Acquisition Management 801 I Street NW, Suite930 Attn: <> Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (No. street. county, State and ZIP Code) BERKS COUNTY 1287 COUNTY WELFARE RD LEESPORT PA 195339197 . 21 9A. AMENDMENT OF SOLICITATION NO. QB. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACTIORDER NO. 103. DATED (SEE ITEM 11} CODE FACILITYCODE 12/04/2008 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS DThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended. by one of the following methods: By completing Items 8 and 15, and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by- telegram or ietter, provided each telegram-or letter makes reference to the soiicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (ifrequired) 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. w. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying ot?ce, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103ib}. C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: 0. OTHER (Specify type of modi?cation and authority} lmpon'rANT: Contractor is not, is required to sign this document and return 0 cepies to the issuing of?ce. 14. DESCRIPTION OF AMENDMENTTMODIFICATION {Organized by UCF section headings, inciuding soiicitation/oontract subject matter where feasibie.) DUNS Number: 150741510 'The purpose of this modification to the IGSA is to revise the invoicing process as follow Commencing 15 Dec 2008, all invoices shall be submitted via one of the following three methods: a. By mail: ICE Burlington Finance Center Box 1620 Continued Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed. remains unchanged and in full force and effect. 15A NAME AND TITLE OF SIGNER (Type orpn'nt) (Signature of person authorized to sign) NSN 75404314526070 Previous edition unusable 150. DATE SIGN Idea Aunw?Ivr-lu-r-u- ??nl (Type Gratin!) 160. DATE SIGNED Limit DARO FORM so (REV. 1033'} ?n PAGE OF 2 3 NAME OF OFFEROR 0R CONTRACTOR BERKS COUNTY I SUPPUEESERVBES UMTPREE AMOUNT (A) (B) (C) (D) (E) (F) Williston, VT 05495-1620 invoice Attn: b. By facsimile (fax): (include a cover sheet with point of contact of pages) 802?288s7658 c. By e-mail: @dhs_gov Invoices submitted by other than these three methods will be returned. The contractor's-Taxpayer Identification Number (TIN) must be registered in the Central COntractor_Registration prior to award and shall be notated on every submitted to ICE on or after December 15, ensure prompt payment provisions are met. remember that failure to remain up to date in CCR will cause no payment to be processed as well as no-funding rewarded. It is the responsibility of the contractor to maintain registration in CCR. 2008 to Please 2. The information required with each invoice submission-is.as follows: Each invoice submitted shall contain the following information: a. The name and address of the facility; b. Invoice date and number; c. Agreement number, line item number and, if applicable, the Task order number; d. Terms-of any discount for prompt payment offered; e. Name, title, and phone number of person to netify in event of defective invoice; f. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) g. The daily rate; h. The total number of residential/detainee days; i. The name of each ICE resident/detainee: j. A?number; k. Specific dates of detention for each resident/detainee; Continued NSN OPTJONAL FORM 33661-86) PAGE OF CONTINUATION SHEET 3 3 NAME OF OFFEROR OR CONTRACTOR BERKS COUNTY I WEMNO. SUPPUESBERWCES AMOUNT (The total residential/detainee days multiplied by the daily rate; m. 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. Items.(a.) through muSt be on the cover page of each invoice. Invoices without the above information may be returned for resubmission. NSN '5'540-01-152-806? OPTIONAL FORM 335 {4-86) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000260 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000261 11511! U1 UHULAFV - I 'gration Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees 1. Agreement Number Page 2 2. continued?T he provisional rates listed above are effective as of January 01,2003. The parties to this agreement have agreed to use these provisional rates for billing purposes pending completion of an audit to be conducted by the Defense Contract Audit Agency The parties further agree that the rates determined by the audit for Calendar Year 2003 shall become the ?xed rate for CY2003 and that the billings fOr CY 2003 which were calculated at the provisional rates shall be adjusted (upward or downward] to re?ect the audited rates. Both parties understand that the INS will either pay Berks County additional funds if the audited rates exceed the provisional rates or, the INS will recoup funds already paid if the audited rates are less than the prev-isional rates. 3. With regard to CY 2002, the INS and Berks County have agreed to use the audited rates for CY 2002 and will adjust the CY 2002 billing (up Or down) if the audited rates are higher or lower than the rates that were in effect and billed for during CY 2002- 4. In addition, the INS occupies 5988 square feet of administrative space. This space is fully serviced I space and includes heat, electrical power, and janitorial services- The INS agrees to pay $24.07 per square foot on an annual basis- The total annual amount shall be $144,131.16 to be paid in installments of $12,010.93 per month. 3. Article ?Covered Services, Bed Space? is modi?ed to read: The Service Provider shall provide shelter care for unaccompanied alien juveniles and alien family groups. In some instances, secure facilities must be provided for unaccompanied alien juveniles. The rate for secure alien juvenile detention is speci?ed on the face page of this agreement. The rates for non?secure shelter care of unaccompanied alien juveniles and alien family groups are also shown on the face page of this agreement. The Service Provider shall provide up to forty (40) beds for alien family groups and thirty?seven (37) beds for unaccompanied alien juveniles for a total of seventy?seven (77) non? secure beds shelter beds. The INS agrees to pay the Service Provider for an average daily minimum of sixty (60) beds per day at the rate speci?ed for non-secure unaccompanied juveniles and alien family groups shown on the face page of this agreement. The average daily minimum is calculated by summing the daily bed use over an entire month and dividing the sum by the number of days in the month. Any beds used in excess of the minimum guarantee shall be charged at the rate shown for ?above 60 rate-? - 6. Article Period of Performance and Bedspace Guarantee is deleted and is replaced in its entirety by the following: lntergovermnental Co-Operative Agreement Number 03 between the Immigration and Naturalization Service and Berks County, PA is incorporated into this agreement in its entirety- This agreement is also known as a CAP agreement. The county shall provide juvenile detention space and services for 10 Federal juvenile detainees each day at the Berks County Youth Center for a period of ?fteen (15) years commencing on the date of completion of all projects listed in Schedule of the CAP agreement. Agreement Number 03 -INS-02 is attached. The provisions of the Intergovernmental Service Agreement (IGSA) shall remain in effect through the period of the CAP agreement and thereafter until terminated or suspended in writing by either party. Such notice sill be provided thirty (30) days in advance of the effective date of formal termination and at least two (2) weeks in advance ofa suspension or restriction of use unless an emergency situation requires the immediate relocation of Federal detainees. (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000263 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000264 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000265 Department of Justice-"J Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Article 1. Purpose A. EuLoose. The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between the Immigration and Naturalization Service (INS), a component of the Department of Justice, and the Berks County Juvenile Detention Center (Service Provider) for the detention and care of Alien Unaccompanied Juveniles and Alien Family Groups detained under the authority of the Immigration and Nationality Act, as amended. The Service Provider is responsible for maintaining compliance with the standards set forth by the Flores v. Reno Settlement Agreement, the INS Secure Juvenile Standards Checklist and the INS Detention Standards (see attachments). The term ?Parties? is used in this Agreement to refer jointly to INS and the Service Provider. B. Responsibilities. This Agreement sets forth the responsibilities of INS and the I Service Provider. The Agreement states the services the Service Previder shall perform satisfactorily to receive payment from INS at the prescribed rate. C. Guidance. The Parties will determine the. detainee day rate in accordance with OIVIB Circular Cost Principles for State, Local, and Indian Tribal Governments (Attachment A) and the INS Cost Statement (Attachment B). Article II. General A. Funding. The obligation of INS to make payments to the Service Provider is contingent upon the availability of Federal funds. The INS will, however, neither present detainees to the Service Provider nor direct performance of any other services until the has the appropriate funding. B. Subcontractors. The Service Provider shall notify and obtain approval from the INS if it intends to house INS juvenile detainees in a facility other than that speci?ed on the cover page of this document. If either that facility, or any future one, is operated by an entity other than the Service Provider, shall treat that entity as a subcontractor to the Service Provider. The Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide INS with copies of all subcontracts in existence during any part of the term of this Agreement. The INS will not either accept invoices from, or make payments to, a subcontractor. Payment will be made to the Service Provider only. C. Consistent with law. Any provision of this Agreement contrary to applicable statutes, regulation, policies, or judicial mandates is null and void, but shall not necessarily affect the balance of the Agreement. I - Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Article Covered Services A. Bed space. The Service Provider shall provide shelter care for Alien Unaccompanied Juveniles and Alien Family Groups- The Service Provider shall provide up to forty (40) beds for the Alien Family Groups and thirty?seven (37) beds for Alien Unaccompanied Juveniles. The agrees to reimburse the Service Provider for an average mon?tly miniminn guarantee of sixty (60) beds, B. Basic needs. The Service Provider shall provide temporary shelter care (as speci?ed in Paragraph A. of this Article) with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall? ensure oompliance with all applicable laws, regulations, ?re and safety? codes, policies, and procedures. If the Service Provider determines that INS has delivered an unaccompanied person for custody who is the age of eighteen (18) or over, the Service Provider shall not house that person, and shall notify the INS inimediately. These individuals, although released to the physical custody of the Sewice Provider, shall remain in the legal custody of the INS. Ful?llment of services is expected to be accomplished in a manner that is'sensitive'to'?ie culture, the native language and the complex needs of this population. The alien population will consist of unaccompanied juveniles and families with juveniles up to and including seventeen (17) years of age and related adults eighteen (18) years of age and older. The Service Provider should expect aliens from any number of ethnic backgrounds and nationalities. C. Unit of service and ?nancial liability. The unit of service will be a ?detainee day? (one person per day). The detainee day begins on the date of arrival. The Service Provider may bill INS for the date of arrival but not the date of departure. For example: lfa detainee is brought in at 1900 Sunday and is released at 07 00 on Monday, the Service Provider may bill for 1 detainee day. If a detainee is brought in at 0100, Sunday and is released at 2359 Monday, the Service Provider may bill for only 1 detainee day- D- services. The Service Provider shall make special provisions for non- Bnglish speaking, handicapped or illiterate detainees. The INS will reimburse the Service Provider for any costs associated with providing commercial written or telephone language interpretive services, and upon request, will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally {in English or the detainee?s native language as appropriate) to detainees who cannot read. The Service Provider shall include the amount that the Service Provider paid for such services on their regular invoice. The Service Provider shall not use detainees for translation services, except in emergency situations. If the Service Provider uses a detainee for translation service, it shall notify INS within 24 hours. 4 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreementfar Housing Federal Detainees Article IV. Receiving and Discharging Detainees A. Reguired activity. The Service Provider shall receive and discharge detainees only from and to either properly identi?ed personnel or other properly identi?ed Federal law enforcement of?cials with prior authorization ?om ENS. Presentation of US. Government identi?cation shall constitute proper identi?cation. The Service Provider shall ?Jrnish receiving and discharging services twenty-four (24) hours per day, seven (7) days a week. The INS shall fumish the Service Provider with reasonable notice of receiving or discharging detainee(s). The Service Provider shall ensure positive identi?cation and recording of detainees and of?cers. The Service Prcvider shall not permit medical or emergency discharges except through coordination with on?duty INS of?cers. - B. Restricted release of detainees. The Service Provider shall not release detainees from its physical custody to any persons other than those described in Paragraph A of this Article for any reason, except for either medical, other emergent situations, or in response to a federal writ of habaas corpus. If an INS detainee is sought for federal, state or local court proceedings, only INS may authorize release of the detainee for such-purposes. Tho" Service Provider shall contact immediately regarding any such requests. C. Service Provider right ofrc?isal. The Service Provider retains fmal and absolute right either to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health provider. In the case of a detainee already in custody, the Service Provider shall notify the INS and request such removals, and shall allow the INS reasonable time to make alternative arrangements for the detainee. D. Emergency evacuation. In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate INS 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 INS within ?ovo hours of such evacuation. Article V. Minimum Service Standards The Service Previdcr shall: house INS detainees in a facility that complies with all applicable fire and safety codes as well as ensure continued compliance with these codes throughout the duration of the Ageemcnt. Department of Justice?J Immigration and Naturalization Service Intergovernmental Service A greement for ausing Federal Detainees B. provide guard personnel to ensure that there is a 24 hour visual supervision of detainees when housed in a dormitory type setting. The Service Provider shall visually and physically check detainees in individual cells at least hourly. C- segregate detainees in custody by gender and by risk of violence to other detainees. D. provide for issuance and exchange of clothing, bedding, linen and towels, and when appropriate, a blanket to each detainee held overnight. (See appropriate Detention Standards as listed in Attachment C) E. provide a minimum of three nutritionally balanced meals in each 24 hour period for each detainee. These meals shall provide a total of at least 2,400 calories per 24 hours- There will be no more than 14 hours or fewer than 4 hours between meals. The Service Provider will provide a minimum of two hot meals in this 24 hour period. F. provide medical services as described in Article VI below. (See appropriate INS Detention Standards as listed in Attachment C) G. provide a mechanism for con?dential communication between INS detainees and IN of?cials regarding their case status and custody issues. The mechanism may be through electronic, telephonic, or written means, and shall ensure the con?dentiality of the issue and the individual detainee. H. afford detainees, indigent or not, reasonable access to public telephones for contact with attorneys, the courts, foreign consular personnel, family members and representatives of pro bono organizations. (See appropriate Detention Standards as listed in Attachment C) 1. permit INS detainees reasonable access to presentations by legal rights groups and groups recognized by consistent with good security and order. (See appropriate INS Detention Standards as listed in Attachment C) J- afford each detainee with reasonable access to legal mateiials for his or her case. The DIS will provide the required materials. The Service Provider will provide space to accommodate legal materials at no additional cost to EMS. (Note: The INS may waive this requirement where the average length of detention is 30 days or appropriate Detention standards as listed in Attachm ent C) K. afford INS detainees reasonable visitation with legal counsel, foreign consular of?cers, family members, and representatives of pro bono organizations. (See appropriate INS Detention Standards as listed in Attachment C) . Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees L. provide INS detainees with access to recreational programs and activities as described in the INS Recreation Standards (See appropriate INS Detention Standards as listed in Attachment C) to the extent possible, under appropriate conditions of security and supervision to protect their safety and welfare. Article VI. Medical Services A. Auspices of Health Autho?tx. The Service Provider shall provide INS detainees with on-site health care services under the control of a local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on?site. B. Level of Ptofcssionalism. The Service Provider shall ensure that all health care service providers utilized for detainees hold current licenses, certi?cations, andfor 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 stated otherwise in this Agreement. In the absence of a health care professional, non-health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (U SPHS) Division of Immigration Health Service (DH-IS). Healthcare or health trained personnel may perform screenings- C. Access to health care. The Service Provider shall ensure that on-site medical and health care coverage as de?ned below is available for all INS detainees at the facility for at least eight hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall diminish the detainees instructions in his or her native language for gaining access to health care services as prescribed in Article 111, Paragraph D. D. On-site health care. The Service Provider shall fumish on?site health care under this Agreement. The Service Provider shall not charge any detainee an additional fee or co-payment for medical services or treatment provided at the Service Provider?s facility. The Service Provider shall ensure that JNS detainees receive no lower level of on?site medical care and services than those it provides to local inmates. Orr-site health care services shall include arrival screening within 24 hours of arrival at the Facility, sick call coverage, provision of over?the-counter medications, treatment of minor injuries lacerations, sprains, contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. Department of Justice? Immigration and Naturalization Service Intergovernmental Seneca Agreement for Housing Federal Detainees E. Arrival screening. 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)- F. immggiza?ons. A written immunization policy and procedure which is in compliance with the USPHS, Centers for Disease Control, must be in place and implemented- Speci?c policy and procedures will he provided by the INS. G. Safe?. The Service Provider shall ensure the safety of minors in family units ?'om abuse by related and non?related adults- The Service Provider must abide by all State regulations pertaining to child health in residential facilities. These will apply to adults in the facility as well to prevent cross-contamination to prevent the spread of disease within the facility. H. Unaccgtable medical conditions. If the Service Provider determines that an INS detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the-Service'Provider INS. Upon such noti?cation -- the Service Provider shall allow INS reasonable time to make the proper arrangements for further disposition of that detainee. I. Q1 HS Pro?approval for non-em ezgent off-site care. The DES acts as the agent and ?nal health authority for INS on all off-site detainee medical and health related matters. The relationship of the DIHS to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information fer INS detainees to the DIHS representatives upon request. The Service Provider shall solicit DIHS approval before proceeding with non?emergency, off-site medical care (cg. off?site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non?routine, off?site medical/health services to DIHS (See Attachment D). For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution is more cost- effective or more aptly meets the needs of INS and the detainee- The INS may refuse to reimburse the Service Provider for non-emergency medical costs incurred that were not pro-approved by the DIHS. The Service Provider shall send all requests for pre-approval for non-emergent off?site care to: Managed Care coordinator 3400 Concord Road York, PA 17402 Telephone: (877) 234- Fax: (877) 234?5885 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing ederal Detainees The Service Provider is to notify all medical providers approved to furnish off-site health care of detainees to submit their bills in accordance with instructions provided to: UP 8: UP Health Services DII-IS Claims Gaithersburg, MD, 20398-0250 Telephone: (888) Fax: (838) 383?3957 J. Emergency medical care. The Service Provider shall furnish 24 hour emergency medical care and emergency evacuation procedures. In an emergency, the service Provider shall obtain ?ie medical treatment required to preserve the detainee?s health. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DIE-IS Managed Care Coordinator by calling the telephone number listed in paragraph above as soon as possible, and in no case more-than hours after detainee receipt of such care. . The Health Authorityivill obtain pre?authorizati?hn ?om the Managed Care" Coordinator for sendce(s) beyond the initial emergency situation. K. Off-site guards. The Service Provider shall, without any additional charge to provide guards during the initial 8 hours detainees are admitted to an outside medical facility, If negotiated with INS, the Service Provider shall provide guards beyond the initial 8?hour period, at the regular hourly rate of those guards. Absent such an arrangement, INS will be responsible for providing the guards at the end of the initial 8- hour period. The Service Provider shall not, however, remove its guards until 1N5 personnel relieve them. The Service Provider shall submit a separate invoice for guard services beyond the initial 8 hours with its regular billing. The Service Provider shall obtain authorization for outside guard services directly from INS, not from the Managed Care Coordinator. L. visits. The Service Provider shall allow Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider departments- 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, persons detained for INS shall not be required to perform manual labor. Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Article Period of Performance This Agreement shall remain in effect inde?nitely, or until terminated by either Party upon sixty (60) days written notice, unless an emergency situation requires the immediate relocation of detainees, or the Parties agree to a shorter period under the procedures prescribed in Article X. Article IX. Inspection A. I ail Aura cement Inspection Rgport. The Service Provider shall allow to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of cen?nement as determined by the INS. No notice to the Service Provider is required prior to an inspection. The INS will conduct such inspections in accordance with the I ail Agreement Inspection Report a copy of which is included as Attachment to this Agreement. The Jail Inapection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping utensils, meals,--medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The INS will share ?ndings of the inspection with-the Service Provider?s facility administrator to promote improvements to facility operation, conditions of con?nement, and level of service. B. Possible termination. Ifthe Service Provider fails to remedy de?cient service INS identi?es through inspectirm, INS may terminate this Agreement without regard to the provisions of Articles and X. C. Share ?ndings. The Service Provider shall provide INS cepies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. Article X. 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. A modi?cation will become part of this Agreement only after the INS Regional Contracting O?cer and the authorized signatory of the Service Provider have approved it in writing. B. Digutes. The INS Regional Contracting Of?cer and the authorized signatory of the Service Provider are the parties to settle disputes, questions, and concerns arising ?nm this Agreement. Settlement of disputes shall be memorialized in a written modi?cation between the Regional Contracting Of?cer and authorized signatory of the Service Provider. I Department of Justich Immigration and Naturalization Service Intergovernmental Service A green: cut for Housing Federal Detainees Article XI. Adjusting the Detainee Day Rate The INS shall reimburse the Service Provider at the detainee day rate shown on the cover page of this document. The Parties may adjust that rate twelve (12) months after the date of signing, and every twelve (12) months thereafter. The Parties shall base the rate and adjustments on the principles set forth in OMB Circular A-87. Such adjustments shall be effective on the ?rst day of the month following execution of the modi?cation. Article XII. Enrollment, Invoicing, and Payment A. Enrollment in electronic funds transfer. The Service ProvideI shall provide the ms of?ce with the infon'nation needed to make payment by electronic funds transfer (EFT). Since January 1999, has made all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) VendorfMiscellaneous Payment Enrollment Form, (Attachment F). The Service Provider shall submit a completed SF 3881 to the INS 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 providingupdated -- .- information to the INS payment of?ce. B. Invoicing. The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each INS detainee, his or her A?number, and his or her speci?c dates of detention; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the local of?cial resPonsible for invoice preparation. The Service Provider shall submit invoices within the ?rst ten working days of the month following the calendar month when it provided the services, to: The US. Immigration Sc NaturalizatiOn Service 1600 Callowhill Street Philadelphia, PA 19130?4112 ATTN: Deportation Unit Phene: (215) 656 (WW Fax: (215) 656?7304 Department of Justice?; Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees C. Payment. The INS 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 Act requires INS to make payments under this Agreement the 30?? calendar day after the Deportation o?ice receives a complete invoice. Either the date on the Government?s check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Act requires INS to pay interest On overdue payments to the Service Provider, The INS will determine any interest due in accordance with the Act. Article Government Furnished Property A. Fedegal Propem Furnished to the ngice Provider. The INS may ?rrnish federal property and equipment to the Service Provider. Accountable property remains titled to and shall be returned to the custody of INS upon tennination of the agreement. The suspension of use of bed space made available to INS is agreed to be grounds for the recall and return of any or all government furnished property. B. The Service Provider shall not remove INS -- -- - - -- -- property from the facility without the prior written approval of INS. The Service Provider shall report any loss or destruction of such property immediately to INS. Article XIV. Hold Harmless and Indemni?catiml Provisions A. Service Provider held harmless. The INS shall, subject to the availability of funds, save and hold the Service Provider harmless and indemnin 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 incident to performance of work under the terms of this Agreement, and which results ?om negligent acts or omissions of INS of?cers or employees, to the extent that INS - would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. 13. 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 terms 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. 10 \cz' Department of Justicek" Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees 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 unmigrationlcitizenship status, INS shall request that the US Attomey?s Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit, to have INS Substituted as the proper party defendant, or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, INS shall request that the US. Attorney?s Of?ce be responsible for the defense of any suit on these grounds- D. reeoveg right. The Service Provider shall do nothing to prejudice 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 the expense, ?lmish to all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of INS in obtaining recovery. Article XV, Financial Records Retention of records".. All ?nancial'records, supporting documents, statistiCal records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for at least three (3) years for purposes of federal examinations and audit. The 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 arises before the expiration of the 3-year period, the records must be retained until the action is completed and all issues are resolved or until the end of the regular 3-year period, whichever is later. B. Access to records. The INS and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub?recipients. 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. C. Delinguent debt collection. The INS will hold the Service Previder accomtable for any overp ayment, or any breach of this Agreement that results in a debt owed to the Federal Government. The INS 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 11 Department of Justice?! Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Article XVI. Provision of Space to INS and the Of?ce of Asylum A. Service Provider responsibilities. The Service Provider shall provide suitable support, of?ce and administrative space, for use by As necessary, the Service Provider will provide suf?cient safe and secure storage space for all INS detainee baggage- In addition, the Service Provider agrees, if required, to furnish acceptable of?ce and administrative space to the Of?ce of Asylum. The Service Provider shall bear all costs associated with the use of jail and of?ce space by INS and the Of?ce of Asylum those for preparing, operating and maintaining such facilities for and EOIR, and incurred for temporarily relocating the Service Provider?s employees). . The Service Provider shall equip the of?ce and administrative space ?irnished tolNSand Office of Asylum with a telephone system compatible with the federal telephone network. The Service Provider shall furnish the security and janitorial services for this space. The Service Provider shall include all costs associated with providing space or services under this Paragraph in the calculation of the detainee rate day rate. (Note: the Service Provider shall have no obligation under this Paragraph unless the Parties negotiate speci?c terms ?for such space B. Federal government responsibilities. The INS will incur the costs of installing computer cabling, telephone lines and any additional telephone trunk lines and telephone switch equipment which may be required. The DIS will be responsible for payment of INS long-distance telephone bills for sta?'. ARTICLE XVII. Supplemental Program Information A. How Scope 1. Legal Guardianship. All unaccompanied juveniles/ family groups, although placed in the physical custody of the Service Provider, remain in the legal custody of the INS. 2. The Service Provider shall ensure that the family group(s) and its individual members follow an integrated and structured daily routine which shall include, but not be limited to the following services: education, recreation, life skills and/ or chores, study period, counseling, group interaction, ?'ee time and access to religious and legal services. - 12 Department of Justiceq Immigration and-Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees 3. The daily routine will enhance programmatic supervision and accountability as well as encourage the development of individual and social responsibility on the part of each individual. Program rules and disciplinary procedures shall be written andor translated into a language understood by the residents and appropriate for their level of development. These rules shall be provided to the residents and fully understood by all program staff. 4. Program content and plans must accommodate individuals of all ages, in various stages of personal adjustment and INS administrative processing. The length of care per resident will vary. Because of the variables and uncertainties inherent in each case, the Service Provider shall design the program to provide a combination of short- term (up .to 90 days) and long-term (in excessefQO days) care- 5. Residents served by this agreement are individuals who are alleged to have entered or attempted to enter the United States in violation of law. Some residents may have committed a violation of immigration law. Others may be referred to INS by state or local law enforcement officials. These residents may be seeking some type of relief from retrieval from the United States through an administrative process. 6. The Service Provider shall implement and administer a case management system which tracks and monitors each resident?s progress on a regular basis to ensure that he/ she receives the full range of program services in an integrated and comprehensive manner. 7. The Service Provider shall structure all programs and implement strategies designed to prevent escapes, prevent the unauthorized absence of individuals from the facility or pro grams provided by the facility, and protect against in?uences which may jeopardize the well?being of the residents. 8. The INS will work closely with the Service Provider in the administration of these programs in order to address the intricate and complex needs ofthese individuals in LNS custody for care and protection in a manner which meets the mandates of current United States law. B. Prom Services 1. Orientation. Upon admission, all residents must receive a comprehensive orientation regarding program content, services, rules (written and verbal), expectations and the availability of legal assistance. Residents shall be given a current list of pro bono legal Service providers which will be made available by INS. 13 Department of Justin? Immigration and Naturalization Service Intergovernmental Service A greement for Housing Federal Detainees 2. Individual Qounseling. Programs shall schedule at least one individual counseling session per Week conducted by trained social work staff with the speci?c objectives of reviewing the resident's progress, establishing new short term objectives, and addressing both the developmental and crisis-related needs of each resident. The Service Provider shall anticipate many "emergency" individual counseling sessions. 3. Family gounseling. Programs shall include family group counseling sessions as needed, with the opporhniity presented at least once a week. 4. glass Management. The Service__P_rovider shall ensure dial: comprehensive and realistic individual service plans are developed, implemented and closely coordinated for each resident through an operative case management system. Individual plans for the care of each resident must be developed in accordance with state requirements relating to individual service plans. Staff members responsible for speci?c case management activities must be identi?ed and their responsibilities fully de?ned. The Service Provider shall have established policy and procedure in place to provide for shift brie?ngs. The purpose of these structured brie?ngs is to afford staff a rare-scheduled and structured opportunity to pass critical information ?om one shift to the next. 5. Acculruratign/Adgitation. The Service Provider shall provide a program which includes, but is not limited to, information regarding personal health and hygiene, human sexualiqr and the development of social and inter?personal skills which contribute to those abilities necessary to live independently and responsibly. 6. luvgnile Education. Educational Oppornmitics appropriate to the level of development and communication skills are to be made available to all juveniles in accordance with existing appropriate State regulations. The Service Provider shall provide an education pro gram in a structured classroom setting, Monday through Friday, winch concentrates primarily on the development of basic academic competencies and English as a Second Language (ESL). Basic academic areas should include Science, Social Studies, Math, Reading, Writing and Physical Education. It is expected that Spanish and Chinese will be the predominant languages, therefore, the Service Provider shall provide Spanish and Chinese Speaking teachers/aides to accommodate the student population as needed. 14 Department of Justice?! Immigration and Naturalization Service Intergovernmental Service Agreem entfor Housing Federal Detainees All teachers shall be certi?ed by the State Department of Education or other appropriate body. A teacher shall assess each juvenile in order to determine individual educational competency levels. This assessment may determine the need for bilingual classes. Juveniles shall be separated into groups according to their educational competency level rather than by chronological age. Upon transfer or discharge ?oor the program, each juvenile shall be provided a copy of his/her educational assessment information via the INS Coordinator. 7. Admissions Procedures. _The Service Provider shall have uniforrnadmission procedures for residents which shall ensure, at a minimum, that the Program Director or his/her designee: Veri?es that all official documents which accompany each resident are complete and accurate so. that they accurately identify the resident. Conducts a comprehensive verbal orientation regarding the pro gram and services for all residents in a language they understand, and documents completion of this orientation by having both the resident and the intake sta? person sign and date a. statement to that effect, or if the resident is a juvenile the family member shall co-sign with the juvenile, or if the resident is too young and unable to sign, the intake staff person will document the reason why the juvenile's signature is not on the document. This orientation shall include the program's basic rules, regulations, and procedures, and any actions which could result in disciplinary sanctions. Issues a receipt for all cash and other property taken Earn the resident upon admission, and prepares an inventory of that property which the resident signs and retains. This record shall be supplemented for any additional property the resident receives during his?her stay at the facility. The Service Provider shall provide a seemed space for the pr0perty. (See appropriate INS Detention Standards as listed in Attachment C) Ensures that all residents shower upon admission, at which time a body chart is prepared to re?ect any tattoos, birth marks, injuries, bruises, or evidence of contraband, etc., and receive clean clothing (if needed), bedding, and personal hygiene items. 15 Department of Justicev Immigration and Naturalization Service I Intergovernmental Service A greement for Housing Federal Detainees Ensures that all residents receive a complete health and safety assessment (including lice screening) uponadmission and a complete medical examination by a licensed physician or physician's assistant within 48 heurs of admission or the ?rst werkday after admission (unless the alien received a medical examination from the transferring INS facility, and documentation of such is provided), and a evaluation, if indicated by a counselor, or within 14 days of admission, or sooner if necessary. (1) An admission packet shall be done and include but not be limited to those items of Part 5, Section A of the Juvenile Protocol Manual. Transportation Services. The Service Provider shall provide transportation services which may include but are not limited to ?eld trips, non?routine off-site medical care as directedby the and medical emergencies. The Service Provider shall furnish suf?cient vehicles in good repair and Suitable, as approved by the INS, to safely provide the required transportation service. The Service Provider shall not allow employees to use their privately owned vehicles to transport residents. . Individual Resident Case Records. The Service Provider shall develop, maintain and safeguard individual resident case records. The Service Provider shall develop a system of accountability which preserves the con?dentiality of resident information. and protects the records from unauthorized use or disclosure. At a minimum, individual resident case records must include the following information: 1) name and alien registration number; 2) initial screening and intake forms; 3) case information from the referral source; 4) comprehensive assessment; 5) medical/dental ?les (must be maintained separately); 6) medical consent form; 7) individual service plans and case notes; 3) progress reports; 9) program rules and disciplinary policies; 10) copies of disciplinary actions; 16 Department of usticeU Immigration and Naturalization Service In tergoVernmeutaI Service Agreementfor Housing Federal Detainees 11) referrals to other service agencies; 12) receipt and inventory of cash and persOnal property; 13) any other relevant information; and 14) any additional requirements by the State. 10. Additional Security Rguirements. (1) Alarm system - The Service Provider shall ensure that all doors are monitored by an electmnic alarm system. (2) Video monitoring - The Service Provider shall ensure that video cameras monitor hallways, exits, and common areas. A quali?ed individual shall be responsible for monitoring this system inside and outside the building. (3) Juvenile telephone calls The Service Provider shall monitor all incoming calls to the juveniles as well as outgoing calls made by the juveniles. On a bi-weekly basis, the Service Provider shall provide the INS logs of telephone numbers called the-juveniles(4) Adult telephone calls - (See INS Detention Standards as listed in Attachment C). (5) Background investigation on staff The Service Provider shall ensure that proper background investigations are completed on all staff per State licensing requirements. (6) The Service Provider shall request and receive written apprOVal frOm the INS local supervisor prior to removing any resident ?'om the facility with the exception of emergencies. (7) The Service Provider shall establish a control room log book which contains a written record of the following, for each shift: . - personnel on duty; resident population chart (resident counts, shakedowns, etc); resident movement in and out of the facility; shi? activities (security checks, key checks, meals, recreation, religious Services, etc); (3) entry and exit of attorneys and other visitors; and unusual occurrences. (8) The Service Provider shall provide a system which documents and monitors resident movement and physically counts residents. 17 Department of Justice? Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees (9) The Service Provider shall ensure that there be at least daily physical inspections of all security aspects of the facility, conducted by properly trained staff. All locks, windows, glass panels, access plates, protective screens, doors and other security facilities shall be checked care?illy for operational wear and tampering. The Service Provider shall provide written reports of these inspections as requested by INS. All defective equipment shall be replaced or repaired immediately. (10) The Service Provider shall conduct thorough searches for contraband in accordance with Detention Standards (See appropriate Detention Standards as listed in Attachment C) and other areas to which residents have access. Searches shall be unaccounted and irregularly timed and shall be conducted with minimum disturbance to resident possessions. Only contraband items shall be con?scated. Records of searches shall be prepared and mainatained. A cepy of these rewards shall be provided as requested by INS. (l l)The Service Provider?s policies and procedures shall be consistent with - appropriate INS Detention Standards (S ee appropriate INS Detention Standards as listed in Attachment C) for the following: Pet down inspections are conducted when there is a reasonable belief that the resident is carrying contraband or other prohibited material. (in) Strip searches are authorized only upon approval by the supervisor, unless there is an immediate threat to the health and safety of the residents whereby authorization shall be given by the facility director or hisfher designee. All such inspections shall be conducted in privacy by at least two persons of the same gender as the resident. (l2)Use of physical force by facility personnel is restricted to instances of justi?able self~protection, protection of others, protection of property, prevention of escapes, and only to the degree necessary to safeguard the well being of the residents and others in the immediate area, and is in accordance with appropriate statutory authority. A verbal report shall be provided to the INS supervisor immediately. A maiden report shall be prepared prior to the responsible staff person being relieved of their shift. A copy of the report shall be submitted Within 24 hours to the INS supervisor through the facility administrator. The physical force report shall include: an acconnting of the events leading up to the use of force; an accurate and precise description of the incident and reasons for employing force; (0) a description of the injuries su??ered, if any, and the treatment given and/or received; and a list of all participants and witnesses to the incident. In no case shall force be used as punishment or discipline. 18 Department of Justicev Immigration and Naturalization Service . Service Agreemen tfar Housing edeml Detainees (13)The Service Provider shall provide written policy and procedtnes governing the use of restraint equipment. Restraints shall not be used in the facility except as stated in the policy and procedures or unless approved in uniting by the INS supervisor. In case of emergencies, verbal noti?cation shall be provided to the ENS supervisor immediately and a written report shall be prepared and submitted to the INS supervisor following all uses of restraint equipment. Instruments of restraint shall never be applied as punishment or for more time than is absolutely necessary. of restraint shall be used only: as precaution against escape during transfer; for medical reasons, by direction of medical authority; or to prevent detaineeself?injury, injury to others or property damage. The Service Provider shall ensure that restraint equipment is accurately inventorin and recorded. 10. Physical Facility Plant (1) Program services shall be provided in the least restrictive environment appropriate to the population and administered in a culturally sensitive manner. The Service Provider shall af?nnatively demonstrate through appropriate documentation that all facilities meet all applicable State licensing requirements for residential child care facilities and adult shelter care facilities- (2) The Service Provider shall provide regular and effective monitoring and shall ensure that all residents are provided housing which meets or exceeds the minimum standards described in this document. State licensing guidelines provide ample instruction on space, privacy, ?re, safety, and sanitation requirements. State licensing standards and issued reports shall be made part of the record and may be reviewed or provided to INS as requested. (3) The Service Provider shall have a daily housekeeping plan for the facility?s physical plant. The Service Provider shall make arrangements and be responsible for periodic scheduled cleaning of ?oors, windows, furnishings, ?xtures, and grounds necessary to conform to the applicable health and sanitary requirements. All facility maintenance, including janitorial service, is the respOnsibility of the Service Provider. (4) The following infonnation is provided in support of physical plant formulation: Residents shall be separated by age and sex for sleeping parposes. There shall be no socializing in bedrooms other than the residents of that room. Bedrooms are for sleeping only; 19 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreementer Housing Federal Detainees Sleeping rooms shall be separated by staff andfor mechanical andfor electronic and/or physical means, ?oor, wings, doors; (0) The following are possible sleeping scenarios for bedrooms for Alien Family Groups - 1) 2) (3) adults 18 and up 3 male rooms 12 residents up to 4 per room 3 female rooms 12 residents up to 4 per room 3 famin rooms 6 residents - adult and child in room only, or adult with up to 3 children maximum Possibilities above give access to average of 30 beds; ages - 7 to 17 . 4 rooms for boys 16 residents - up to 4 per room 4 rooms for girls 16 residents - up to 4 per room 2 segregated rooms 8 residents up to 4 per room however, this should be one per room when being used for segregation for medical or reasons Possibilities above give access to up to 40 beds; Total of the two possibilities give access to 70 beds. Room sizes can be adjusted for a greater number of rooms with a lower capacity per room. Rooms shall contain, at a minimum: 1) 2) 3) 4) 5) beds; clothing storage per resident; desk and chair, crib, playpen, rocking chair on an as needed basis; nightlight to accommodate inspections at night- There shall be 1 shower, 1 ?ush toilet, I sink. and security mirror for every six people, and at least 1 tub per gender. These shall be located at reasonable distances ?om bedrooms. There shall be areas for changing clothes close to the showers and a changing area for babies. Additional space needed for Alien Family Group section(b)(7)em5 SDDO of?ce 150 sq. ft.; INS DO of?ce 125 sq. ft; Open Space for three (3) INS staff; (b)(7)elNS APSO of?ces 125 sq. ft. ea; Video Teleconferencing room 150 sq. ft; Separate eating area large enough to accommodate all residents at one time or possibly at 2 seatings. 20 Department of Justice?q Immigration and Naturalization Service . In tergavemmental Service Agreement for Housing Federal Detainees F5) Tables shall be large enough to a minimum of 4 people so residents can dine as families- Food service should be cafeteria style, not family style; 7) Separate recreation areas 2 indoor and loutdoor with playground equipment; 8) Separate education area to allow for 2 classrooms holding up to 15 residents each; 9) Separate intake area for processing; 10) Separate medical room containing a double?looked medical cabinet, desk and equipment, including a re?igerator; 11) Separate interview and visitation rooms; 12) 2 Counselor of?ces for family counseling; 13) Staff of?ce (control room fer keys, videos, etc.); 14) Adequate space for property secured; 15) Adequate clothing bed linen storage- must review and accept the facility prior to use. 11- Emea?gengy and Safegrj Rguirements (1) (2) (3) (4) The facility shall comply with all applicable federal, state and municipal sanitation, safety and health codes. The Service Provider shall maintain copies of the certi?cate(s) which document the compliance with these codes and provide to INS for review as requested. The Service Provider shall provide written policy and procedUIe to the 1N8 upon request which specify the facility?s locally approved ?re prevention plan and procedures to ensure the safety of staff, residents and visitors. The Service Provider shall provide documentation to upon request of a ?re and safety inspection of the facility. INS may perform inspections as deemed necessary to assure compliance with all healda, safety and emergency procedures. The Service Provider shall assure that the facility is a tobacco free environment. The Service Provider shall maintain a written evacuation and alternate staging plan for use in event of ?re, major emergency or should the facility become un?t for its intended use. The Service Provider shall obtain written certification from a ?re department inspector that the evacuation plan meets national ?re safety codes. 21 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees (5) (6) (7) (8) The Service Provider shall review the plan annually, update as necessary, and reissue to the local ?re jurisdiction, as well as ensuring awareness of the plan and procedures by the sta?" and the residents. The Service Provider shall ensure that the facility has the fully functional equipment necessary to ensure automatic transfer of services for essential lights, power and communications in an emergency. The Service Provider shall ensure that the interior ?nishing materials in living areas, exit areas and places of public assembly conform to recognized national safety codes. Children under ten years of age shall not be permitted in upper bunks of any bunk beds. All electrical receptacle outlets shall be turned off in all bedrooms- All non-resident program rooms must be locked when not in use. 12. Prom Repgrting Rgguirements- (1) (2) Program Progress Reports are due the workday after the end of each month. These reports shall, at a minimum, provide information regarding adjustments, and progress made toward meeting the speci?c goals and objectives of the contract. The Program Progress Report shall include, but is not limited to, inform a?0n describing a chronological listing of all residents which includes name, alien control number, date of admission, end of month status, and date of discharge. The Service Provider, upon discovery, shall immediately notify the applicable local INS supervisor in charge of the facility verbally and follow up in writing within 24 hours with a complete written report of any change in the status or condition of any resident in care including the folloWing: Any unauthorized absence of the resident; Centacts or threats by individuals believed to represent alien smuggling syndicates or organized crime; Pregnancy of the resident; Child-birth by the resident; 22? Department of Justice? Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Hospitalization of, serious illness of, or serious injury to the resident; Suicide or attempted suicide by the resident; Escape or attempted escape by the resident; (11) Death of the resident; Hunger strike by the resident(s); and/or incarceration of the resident; Commission of a major program offense; (1) Any abuse or neglect incident dealing with a resident; and (n1) Unauthorized correspondence and/or contact with a resident. (3) Procedures for reporting escapes or other unauthorized absences are as follows: Report to local law enforcement authorities; and Report to local supervisor in charge of the facility; Report to INS/local law enforcement: 1) Name and alien registation number of resident(s); 2) Physical description of individual(s) 3) Time ofincident; 4) What occurred; 5] Any known calls or contacts made by resident prior to escape; 6) Name, address, phone number of family; 7) Information regarding unusual behavior; 8) Any reasons to believe that escape was involuntary; 9) Other law agencies noti?ed and point(s) of contact. 23 Department of usticev Immigration and Naturalization Service In tar-govern?: enrol Service A greement for Housing Federal Detainees 13. Record Retention l4. Pei innel taf? U. (1) (2) (3) (1) The Service Provider shall maintain written plans, policies and procedures that describe the format and reporting criteria for all records and reports. The Service Provider shall maintain all logs and records required to operate and document both the operational and personnel aspects of the facility and to comply with the requirements of this agreement. The Service Provider shall not destroy or alter with intent to deceive any logsirecords pertaining to this agreement. All logs and records shall be maintained at the facility in locked cabinets located within a properly secured and controlled room. The room shall be located within the administrative area of the facility. of?cials shall have the right to inspect any and all records, upon demand, at any time during the term of the agreement or thereafter as speci?ed below. All reporting reqm'rements contained within this agreement shall comply with this paragraph. The Service Provide shall maintain staf?ng levels to support the facility at its highest capacity. The Service Provider shall notify the INS to changes or replacement of key personnel. Key personnel are de?ned as those individuals who have administrative authority over personnel and program policies and procedures. The Service Provider shall maintain all documents and certi?cations which demonstrate the employees' compliance with the terms and conditioos for employment as required by this Agreement. The INS may request to review the documents at any time. Programs shall ensure: One person identi?any responsible for the entire program and its outcomes; Staff person(s) identi?any responsible for the overall coordination of services including the individual Service plans and the case management activities; Clear lines of autho?ty and responsibility; Professional staff available to provide program services according to State standards; 24 Department of Jnsticev Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Staff available to provide structure and to coordinate and deliver all services required of the program; All staff responsible for the direct supervision of residents shall comply with the employee educational and/or experience levels that are commemorate with State standards; Staf?ng ratio is to be at the most stringent state licensing requirement level, speci?cally, at a ratio at the lowest age group in the facility; (11) All movement and activity of residents throughout the facility must be supervised by staff who are responsible for the direct supervision of residents; Staf?ng ratios must be maintained anywhere in the facility, when in recreation or dining 1 (blme . At no time shall there be all male or all female staff on duty. Staf?ng shall consist of male/female staff in accordance with the population to - low the accomplishment of the facility's goal; Staff training shall be in accordance with State standards. The Service Provider shall maintain and have on ?le training policy and procedures. The 1N8 may request to review the documents at any time. The INS shall provide 24 hours of training annually to the staff of the Service Provider. The INS training provided to the staff shall include information on legal issues affecting the residents, including the right to a private relationship with their legal counsel. However, staff are prohibited from providing any legal advice or counsel to residents in care, and are expressly prohibited ?om hindering or interfering with a resident's custody arrangements or in the execution of ?nal immigration court orders. 15. Service Provider Employee Conduct. The Service Provider shall develop for his/her empIOyees standards of employee conduct and speci?c disoiplinary actions which are consistent with the Federal Employee Responsibilities and Conduct, 5 CFR Part 735. The Service Provider shall hold his/her employees accountable for their conduct based on these standards, which are not restricted to, but must include: 1) Service Provider staff shall not display favoritism or preferential treatment to one resident, or group of residents, over another. 25 Department of usticelv/ Immigration and Naturalization Service Intergovernmean Set-tics Agreement for Housing Federal Detainees Service Provider employee may deal with any resident except in a relationship that will support the approved goals of the facility. Speci?cally, staff members must never accept for themselves or any members of their family, any personal (tangible or intangible) gift, favor or service, from any resident or from any resident's family or close associate, no matter how trivial the gift or service may seem, for themselves or any members of their family. All Staff members are required to report to the facility director any violation or attempted violation of these restrictions. In addition, no staff shall givs any gi?, favors, or service to residents, their family or close associates. No Service Provider employee shall enter into any business relationship with residents or their families (Example selling, buying or trading personal property). No employee shall have any outside or social contact (other than incidental contact) with any resident, hia?her family, or close associates. The Service Provider shall report all violations or attempted violations of the Standards of Conduct or any criminal activity to the INS supervisor. Violations may result in employee dismissal by the Service Provider. Failure on the part of the Service Provider to report a known violation or to take appropriate disciplinary action against offending employee or employees shall subject the Service Provider to appropriate action up to and including termination of the Agreement. The Service Provider shall provide all employees with a copy of the Service Provider?s Standards of Conduct. All employees must certify in writing that they have read and understood these rules. These certi?cates must be maintained by the Service Provider and may be reviewed by INS. The Service Provider and their staff are expressly prohibited from ?ling for Special Immigrant Status (1?360) for the juveniles in their care without the expressed written consent of the INS. Violation of these conditions may be cause for termination of this Agreement. As necessary, other special terms and conditions may be placed on the Service Provider. 26 Department of Justice I Immigration and Naturalization Service I ntergavemm en ta! Service Agreemen (for Housing Federal Detainees 16. Education at B1: erience. As a minimum, Service Provider employees shall possess a high school diploma er GED certi?cate and have at least two (2) years of experience that demonstrates the following: 1) The ability to greet and deal tactftu with the general public. 2) A clear cap ability of understanding and applying written and verbal orders, rules and regulations. All personnel shall be literate to the extent of being able to read and interpret printed rules and regulations, detailed written orders, training instructions and materials, and must be able to compose reports which contain the informational value required by such directives. 3) Each employee shall possess good judgment, courage, alertness, an even temperament, and render satisfactory performance by conscientiously acquiring a good working knowledge of his/her position responsibilities. 4) The ability to maintain poise and self?control during situations that involve mental stress; this entails being able to withstand the accompanying excitement of ?res, explosions, civil disturbances, and building evacuatiOns. 17. Media The Service Provider shall refer all media inquiries to the INS Public Information Of?cer at the Philadelphia District Of?ce at (215) 6563150. The . Service Provider shall not provide any information to the press concerning this Agreement without prior approval from the Public Information Of?cer. The Service Provider shall immediately notify the local INS site supervisor of any media or organizational inquiries. The INS will also notify the Service Provider of media or organizational inquiries received. End of Document Attachments: Circular INS Cost Statement Form INS Detention Standards (as listed) Fl ores v. Reno Settlement Agreement INS Secure Juvenile Standards Checklist INS Juvenile Shelter Care Standards Checklist ail Agreement Inspection Report DIHS Pro?authorization Form SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Fenn- ote: As additional INS Detentionfluvenile Standards are issued, INS will include to the Agreement by modi?cation. 27 Department of usticev Immigration and Naturalization Service I ntergavemmen tat Service A gremen for Housing edemf Detainees De?nition of Terms ACA Standards: The American Correctional Association's Standards for Juvenile Community Residentiai Facilities, ed. (1994), and The American Correctional Association's Standards for Juvenile Detention Facilities, ed. (1991). Admission: A procedure which includes searching, photographing, health and safety assessment, and collecting personal history data. Admission also includes the inventory and storage of the individual's accompanying personal preperty. Alien Family C3039: A group of closely related adults (parent, grandparent, brother, sister) and juVeniles (son, daughter, grandchild, sibling) encountered within the United States. Alien Unaccompanied Juvenile: An unaccompanied alien juvenile is de?ned as amale or female foreign national under 18 years of age who has entered the United States unaccompanied by either parent, adult relatives or legal guardian, and who is detained in the Custody of the Immigration and Naturalization Service and is the subject of removal proceedings under the Immigration and Nationality Act, or has an application for asylum pending with the Executive Board of Immigration Review. Persons under the age of 18 emancipated by a state court or convicted and incarcerated for a criminal offense as adults are NOT considered juveniles- Contraband: Any item possessed by residents or found within the facility which is declared illegal by law or which is expressly prohibited by facility policies and procedures which have been appro?Ved by Contracting Of?cer: The INS employee empowered to award, amend, modify, administer, and terminate contracts and agreements. District Of?ce: One of a number of INS of?ces nationwide. Faniin Reuni?cation: Family Reuni?cation is a case in which the INS approves the release from custody of an unaccompanied juvenile to a parent(s) or adult relative(s) or Legal Guardian(s) residing in the United States. The parent/relative must be willing and able to assume responsibility for the care, provide supervision, and ensure the juveniles presence at EOIR proceedings. Familv Shelter Care: For the purpose of this document, includes 24-hour supervised residential care in a setting for juveniles and adults that are related. 23 Department of usticeu Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Flores Reno Settlement Aggeement: Jenny Lisette lures. et V. Janet Reno was a class action lawsuit ?led against the Immigration and Naunaliza?on Service (W S) in 1985. It challenged several aspects of INS policy dealing with the arrest, processing, detention, and release of juvenile aliens in ms custody. Two decisions preceded the Flores v. Reno Settlement Agreement (the Flores Agreement) that is now in effect. The Flores Agreement sets out nationwide policy for the detention, release, and treatment of juveniles in IN custody, and supersedes all previous policies that are inconsistent with its terms. The settlement agreement became effective on February 24, 1997. g?m'evance: A written complaint ?led by a resident conceming personal health/welfare or the operations and services of the facility. Headguarters, Detentibn and DQortation Pro gram: For the purposes of this dobument, the division at INS Headquarters making policy for the Juvenile Shelter Care Program. Health and Safety Assessment: A system of structured observation andfor initial health assessment to identify newly arrived residents whocould pose a health or safety threat to themselves or othersIncident Report: A written document reporting a special event suicide attempt, the . .use of force, use of chemical agents, discharge of ?rearms). Individual Needs Assessment/S ervice Plan: Includes various initial intake forms; essential data relating to the identi?cation and history of the resident and family; identi?cation of the residents? special needs including any speci?c problems(s) which appear to require immediate intervention; an educational assessment and plan; an assessment of family relationships and interaction with adults, peers and authority ?gures; a statement of religious preference and practice; an assessment of the resident's personal goals, and weaknesses; and identifying information regarding immediate family members, other relatives, godparents or friends who may be residing in the United States. INS On?Site Supervisor: Supervisory Deportation O?icer (SDO), also known as the Of?cer in Charge (01C) or their designee. International Affairs Of?ce 1 For the purpose of this document, 1A0 is a division within INS that assists in the home assessment and family reuni?cation processes; Tuvenile Coordinator: The 1N8 employee(s) named by the local District O?ce who is assigned docket management of Alien Family Group(s) or Alien Unaccompanied uveni1e(s) before the Executive Board of hnmigration Review (EOIR). 2.9 Department of Justice Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees Managed Care Coordinator: The PHS employee named to act as the ?nal health authority for INS on all off-site and non-routine resident medical and health related matters. Medical Records: A separate set of records apart ?'orn the resident's social record that are maintained by the Service Provider. These records shall include at a minimum; date and time of all medical examinations and copies of standing or direct medical orders to the facility staff. Policy: A de?nite written course or method of action which guides and determines present and future decisions and action. Public Information Of?ce?BlO]: The of?cer designated by the__ INS as a point of contact for the press and other media venues. Regional Of?ce: One of three (3) INS Regional Of?ces nationwide; Eastern, Central and Western Regions. Restraint Devices: This includes but is not-limitedto: handcuffs, belly chains, leg irons,- straight jackets, ?exicu?s, soft (leather) cuffs, leg weights and chemical restraints. Security Personnel/Facility StaffiEi-ogrm Staff: Staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in a juvenile facility. These individuals are also responsible for the safety and security of the facility- Service Provider: The entity which provides the services described in the agreement. Suitabilng Assessment! A report provided by a representative of one of the two volunteer agencies (V OLAG) used by the INS to determine the level of suitability of a potential sponsor for the juvenile. US. Public Health Service An agency of the United States Department of Health and Human Services. Voluntm Agency (VOLAGI: For the purpose of this document, agencies that contract with the INS to perform speci?c services. Speci?cally, the United States Catholic Conference (USCG) and Lutheran Imun'gration and Refugee Service INS Detention Standards Issuance and Exchange of Clothing, Bedding, Linen and Towels Control and Disposition of Contraband Detainee Correspondence and Other Mail Group Legal Rights Presentation Detainee Hunger Strikes Access to Legal Materials Mauiage Requests Detainee Access to Medical Care Accountability and Safeguarding of Detainee Funds and Personal Property Detained Alien Recreation Policy Religious Practices Detainee Suicide Prevention and linervention Detainee Telephone Access - Detainee Visitation (Detainee Censent to Media Interview Form, Media Interviewer Agreement Form) 31 Department of Jus?cev Immigration and Naturalization Service In tergavemm en tal Service Agreementfar Housing Federal Detainees Department of Justice Immigration and Naturalization Service Intergavernm enrol Service A greemerzt for Housing Federal Detainees Addendum to Article Government Furnished Title to Govemment-?irnished property shall remain in the Government. The County shall use the Government?furnished property only in connection with this agreement. The County shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government inspection at all reasonable times. County employees so designated are authorized the use of INS Fleet vehicles in the performance of duties in this agreement. Upon delivery of Government?furnished property to the County, the County assumes the risk and responsibility for its loss or damage, except? (1) For reasonable wear and tear; (2) To the extent property is consumed in performing this agreement; or (3) As otherwise pr0vided for by the provisions of this agreement. Upon completing this agreement, the County shall follow the instructions of the Contracting Of?cer regarding the disposition of all Government-?mushed property not consumed in performing this agreement or previously delivered to the Government. The County shall prepare for shipment, deliver fob. origin, or dispose of the Government property, as may be directed or authorized by the Contracting Of?cer. The net proceeds of any such disposal shall be paid to the Government as directed by the Contracting Of?cer. 1. Insurances: Policies shall contain an endorsement to the effect that cancellation or other material change adversely affecting the interests of the Government shall not be effective for such period as may be prescribed by the laws of the state in which this agreement is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Of?cer. Prior to performance of any services under this agreement, the County is required to provide the Contracting Of?cer with certi?cates evidencing required coverages described herein: A. Automobile Liability: The County is required to have automobile insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the agreement. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and suf?cient to meet normal and customary claims. 32 Department of Justicevl Immigration and Naturalization Service Intergovernmental Service Agreement for Housing Federal Detainees The County is responsible for ensuring that its employees who utilize these vehicles have a valid and proper driver?s license and are liable under paragraph A above, for the operation of such vehicles in the performance of this agreement. The County personnel shall utilize due care in the operation of these vehicles. Only Government and County personnel engaged in the performance of their duties under this agreement are authorized to drive such vehicles. Any ?nes or other penalties imposed on a County employee for an offense committed during the use of such vehicles are imposed on the employee personally and are his/her responsibility. The County shall establish and enforce suitable penalties for their employees who use or authorize the use of such Vehicles for other than of?cial porposes. Recommended maintenance schedules shall be the reSponsibility of the County for the operation of Government?furnished vehicle(s). 2. Damage to Government Property from Causes Other Than Contractor?s Negligence: Nothing in the above paragraph shall be considered to preclude the Government from receiving the-bene?ts of any insurance the County may carry which provides for? indemni?cation for any loss or destruction of, or damage to Government property. Upon the request of the Contracting Of?cer, the County shall, at the Government?s expense ?lmish to the Government all reasonable assistance and cooperation including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery. 33 Berks County Family Shelter Care ADULT Program Services The Berks County Family Shelter Care Program shall provide a wide variety of services and programming to address the diverse needs of the adult population served. Through a continuum of assessing current services, a comprehensive and coordinated system exiets to develop new strategies for growth. The Family Shelter Care Program will emphasize a balanced sysrem of care that provides culturally sensitive services that fosters the physical, emotional, social, and educational development of individuals placed in om- care. Life Skills Provides life coping skills that will assist in the development of basic and necessary needs related to the social functioning of families and adults. Sessions shall include: hygiene, health; nutrition, parenting skills, signi?cant forms applications, and household economics (daily 2 hrs.) Life Skills programming will be used in collaboration with the development of a Resident Chore Core. The focus of this program will be to develop basis skills and experiential learning-of Eghtbuilding maintenance and grounds keeping. .. . RecreationaUActivities Recommended language: Will Comply with INS Adult Detention Recreational Standards. Additional recreational activities may be o?ered at no expense to the DIS. Field Trips outside of the facility shall be limited to juvenile residents ELL. Community Resources - Regular scheduled presentations promote social development through acquired knowledge and awareness education of programs such as those offered by Berks Aid Network. Berks Women and Crisis, and the Berks County Prison Society (weekly? 1 hr}- The Berks County Library System provides the Bookmobile on a Biweekly basis. Program Se?'iceg Religious Services The Spiritual care and Resident development mwill provide impartial group and individual spiritual services, education, counseling, and crisis intervention to accommodate the diverse religious and spiritual needs (initial orientation, daily as needed, weakly 2 hrs). Case Management Services - Services shall include, individual and family counseling, crisis intervention, parenting skills, acculturation and adaptation services, (initial orientation, daily as needed, weekly minimum I ha). Services shall be sensitive to the beliefs and practices related to family crgar?zations, traditions, cultural and ethnic factors, reasons for immigrationfmigration and the effects of acculturation. A portion of the seIViCes and programming pmpos?d for the Family Shelter Care are. currently being provided in our existing programs, however, the addition of new and enhanced programs will be made to existing services. The new and enhanced services, which requires additional staf?ng, are a. direct result of evaluating program needs with Immigration Of?cials, projected standards analysis, demands and outcome, and innovated program design. (b)(6), (b)(7)(c) (b)(6),(b)(7)(c) (b)(6), (b)(7)(c) (b)(6),(b)(7)(c) (b)(6),(b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000302 ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE-CONWNUKHON 2 IMPORTANT: Mark all packages and papers-with contract andlor order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. - 03/30/2010 ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY - ORDERED PRICE ACCEPTED If} - By facsimile (fax): procedures. All invoices shall be submitted via one of the following three methods: a. By mail: ICE Burlington Finance Center P.O. Box 1620 Williston, VT 05495-1620 Attn: INVOICES (include a cover sheet with point of contact of pages) 802~288m7658_ c. By e-mail: @dhs.gOV Invoices Submitted by other than these three methods will be returned. The contraCtorDs Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to-award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are metv Please remember that failure to remain up to date in CCR will -cause no payment to be processed as well as no funding rewarded. It is the responsibility of the contractor to maintain registration in CCR. 2. The information required with each invoice submission is as follows: Each invoice submitted shall contain Continued DROIGSA replaces order number This new agreement establishes the invoicing TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM AUTHORIZED FOR LOCAL REPODUCTION I PREVIOUS EDITION NOT USABLE $000 OPTIONAL FORM Presented by can FAR {as can 53.2130} ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE-CONHNUAHON 3 IMPORTANT: Mark all packages and papers with contract andror order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 03/30/2010 ITEM NO. SUPPLIESISERVICES I QUANTITY UNIT UNIT AMOUNT QUANTITY - ORDERED PRICE ACCEPTED (I) H) the following information: a. The name and address of the facility; b. Invoice date and number; c. Agreement number, line item number and, if applicable, the Task order number; d. Terms of any discount for prompt payment offered; e. Name, title, and phone number of person to notify in event of defective invoice: f. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) g. The daily rate; - h. The total number of residential/ detainee-days; i. The name of each ICE resident/ detainee; j. ResidentDs/detaineeDs A?number; k. Specific dates of detention for each resident/detainee; l. The total residential/detainee days multiplied by the daily rate; m. 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. Items through must be on the cover page of each invoice. Invoices without the above information may be returned for resubmission. Period of Performance: 03/30/2010 to 03/29/2 The total amount of award: $0.00. The obliga 17(1). 015 tion ft 1 -his award is shown in TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $000 OPTIONAL FORM 34% (Rev. 4.2006} Prescribed by GSA FAR (43 CFR) 53.213") 1 County Agreement . DROIGSA-10-0003 INTERGOVERNMENTAL SERVICE AGREEMENT THE - - UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. MIGRATION AND CUSTOMS ENFORCEMENT WASEUNGTON, DC . AND TY or BERKS, g. This Intergovernmental Semce Agreement (?Agreement?) is entered into betWeen United States Department of Homeland Security Immigration and Customs Enforcement and County 10f BerkS, (?Service Provider?) for the Residential careof alien families C?residents?) or invenile delinquents (?detainees?) while awaiting deportation . The term ?Parties? is used in this Agreement to refer jointly to ICE and the Service Provider. FACILITY LOCATION: The Service Provider shall provide detention services for residents/detainees at the following - institution(s): -- I County of Berks, PA - 1243 County Welfare Road Leesport, PA 19533 The following constitute the complete agreement: INTERGOVERNMENTAL SERVICE AGREEMENT (IGSA) PROPOSAL, DATED 4/21/08 as modi?ed (Incorporated by reference) STATEMENT OF WORK ATTACHMENT CONTROL PLAN (to be inserted at time of award) ASSURANCE SURVEILLANCE PLAN PRS, CDR and PMT) - . - - - ATTACHMENT LSTAFFING PLAN (to be inserted at time of award) ATTACHMENT STANDARDS ATTACHMENT DETERMDIATION Number 2007?0549, Rev 1 Dated 29 Oct 2007 - ATTACHMENT 7 RESIDENTIAL STANDARDS (Incorporated by Reference). ICC. I IN WITNESS WHEREOF, the undersigned, duly authorized of?cers, have subscribed their-names on'behalf of the Berks County and Department of Homeland Security, US. Immigration and Customs Enforcement. ACCEPTED: ACCEPTED: US: Immigration and Customs Enforcement (W6), Contracting Of?cer Date: _?60 vw-?r- r71 vyy 549', or Page I 01918 ArtiCle I. Purpose . . . A. Pgrpose: The purpose of this Intergovernmental 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 Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Residents/Detainees?. This term - recognizes that ICE residents/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 Immigration Court, the Board of Immigration Appeals or other Federal judicial body. B. Re3ponsibilities: This Agreement sets forth the reSponsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall 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 residential/detainee daily rate and ?xed costs are as follows: Unaccompanied Alien Children per person/ per day rate $266.96 (Berks County Youth Center) - Fixed Costs (March June 2010) (Berks Family $558,026.09 Residential Center) Fixed Costs (July 2010 and forward) (Berks $441,789.84 amin Residential Center) . Per person/ per day rate (Berks Family Residential Center) 10.88 Per person/per day Voluntary work rate . 1.00 ICE shall be responsible for reviewing and approving the costs associated with this - Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. The ICE Field Of?ce will reimburse Educational Costs at the Berks County Youth Center and Berks Family Residential Center incurred by the Service Provider related to immigation detainees. Article II. General A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present residents/detainees to the Service Provider nor direct performance of anyother services tmtil ICE has the appropriate ?mding. 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 Of?cer issues an order, in writing. The effective date of the Agreement will be negotiated and speci?ed in an order to this Agreement by the Contracting Of?cer. This Agreement is neither binding nor effective unless signed by the Contracting Of?cer. Payments at the approved rate will be paid upon the return of the signed Agreement by the authorized Local Government of?cial to ICE. B. Subcontractors: The Service Provider shall notify and obtain approval from the Contracting Of?cer if it intends to house residents/detainees a facility other than the . Page 2 of 18 030000306 Facility named in this Agreement. 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 Contracting Of?cer?s approval before subcontracting "the detention and care of residents/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. C. Consistent with Law: This is a ?rm ?xed rate agreement, not cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any proVision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. D. Use of Service Provider?s Policies and Procedures: The Contracting Of?cer shall approve Service Provider?s policies and procedures for use under this Agreement. Upon approval, the Service Provider can use its policies and procedures in conjunction with the residential/detention standards mandated under this Agreement. E. Noti?cation and Public Disclosure: No public disclosures press releases, press conferences) regarding this IGSA shall be made by the Service Provider or any of its Contractors or subcontractors without the review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Of?cer. Article Covered Services Below are the general requirements under this Agreement. Speci?c requirements for the services under this Agreement are stated in the attached Statement of Work. See Attachment 1. A. Bedspace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all residents/detainees as determined within the Service Provider?s classi?cation system. B. Basic Needs: The Service Provider shall provide residents/detainees with safekeeping, housing, subsistence, medical services that are not provided for elsewhere 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. If the Service Provider determines that ICE has delivered a person for custody to reside in the residential facility who is under the age of eighteen (18) and unaccompanied by a parent or guardian, the Service Provider shall not house that person with adult residents/detainees and shall immediately notify the Contracting Of?cer?s Technical Representative (COTR). - ICEiszBrasstost?oi C. Interpretive Services: The Service Provider shall make special provisions for non- English Speaking, handicapped or illiterate residents/detainees. ICE .will reimburse the Service Provider for" the actual costs associated with providing commercial written or telephone language interpretive services. Upon request, ICE will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally either in English or the residents?/detainees? language, as appropriate, to residents/detainees who cannot read. The Service Provider shall include the actual coSts that the Service Provider paid for such services on its invoice. Except in emergency situations, the Service Provider shall not use residents/detainees for translation services. If the Service Provider uses a resident/detainee for translation service, it shall notify ICE within 24 hours of the translation service. D. Escort and Transnortation Services: The'Service Provider will provide, upon request and as scheduled by the Contracting Of?cer?s Technical Representative (COTR) or Contracting Of?cer (CO), necessary escort and transportation services for residents/detainees to and from designated locations. Escort services will be required for escorting residents/detainees to court hearings; escorting witnesses to the courtroom and any escort services as requested by an ICE judge during proceedings._ Escort and transportation services shall also include providing all such ground transportation services as may be required to transport residents/detainees seCurely and in a timely manner. Transportation and/or escort services may be required to transport residents/detainees from the Facility to and from a medical facility for outpatient care. During all transportation activities, at least one (I) transportation of?cer shall be of the same'sex as the residents/detainees being transported. The Service Provider shall use a communications system that has direct and immediate contact with all transportation vehicles. Transportation and escort services shall be provided in the most economical and ef?cient manner. The Service Provider personnel provided for these 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. The Statement of Work shall provide speci?c escort and transportation services unique for this Agreement. Reimbursement will be in accordance with paragraph below. E. Guard Services: The Service Provider agrees to provide stationary guard services on demand by the COTR or Contracting Of?cer and shall include, but is not limited. to, "escorting and guarding residents/detainees to medical or doctor?s appointments, hearings, ICE interviews, and any other location requested by the COTR. Quali?ed personnel employed by the Service Provider will perform such services. The Service Provider . agrees to augment such practices as may be requested by ICE to enhance speci?c requirements for security, resident/detainee monitoring, visitation, and contraband control. Public contact is prohibited unless authorized in advance by the COTR or Contracting Of?cer. The Service Provider shall be authorized to provide at least one 1) of?cer for each remote post, as directed by the COTR or Contracting Of?cer. Reimbursement will be in accordance with paragraph below. Page 4 of 18 30000308 F. Guard and transportation services performed under paragraphs and above shall be denoted as separate items on submitted invoices. ICE agrees to reimburse the Service Provider for stationary guard services provided at a negotiated rate of $19.18 per hour. Any incurred overtime pay for such Services will be reimbursed at the applicable overtime rate of $28.77 per hour. - G. Provided there is a separately funded line item in the task order, transportation mileage shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA)/federal travel allowance rate in effect at the time the Contracting Of?cer signs the Agreement. The mileage rate for this Agreement is $0.55/rnile. - Mileage shall be denoted as a separate item on submitted invoices. Any adjustments to this rate in accordance with GSA mileage rates will be identi?ed in the task order. Adjustments are not retroactive. I H. Medical/Mental Health Care All medical and mental health needs will be provided for through the Division of Immigration Health Services (DIHS). The facility is responsible for the provision of appropriate space and of?ces to support a medical clinic operation. I. I Dental Care The Service Provider retains the right to use a mediCal provider proposed by the contractor or to use its own Medical Provider, the United States Public Health Service (USPHS), Division of Immigration Health Services (DIHS). As such, the cost component for health services should be shown as a line item. J. On-Site Dental Health Care including Pediatric Dental Care: The Service Provider shall provide on or off-site access to dental care for all residents 24 hours per day, 7 days per week. The Service Provider shall furnish the residents instructions in his or her native language for gaining access to full dental health services. DIHS is responsible for on?site . health care services shall include arrival screening, sick call coverage, provision of oVer?. the- counter medications, treatment of minor injuries g. lacerations, sprains, contusions), treatment of special needs and mental health assessments. The Service Provider shall ensure that its employees solicit each resident for'health complaints and deliver the complaints in writing to the DIHS health care staff. The Service Provider is responsible for tranSportation to and from all off-site appointments. Article IV. Receiving and Discharging Residents/Detainees A. Reguired Activity: The Service Provider shall receive and discharge residents/detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law enforcement of?cials with prior authorization from Presentation of US. Government identi?cation shall constitute ?.?proper identi?cation.? The Service Provider shall ?rmish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice of receiving and discharging residents/detainees. The Service Provider shall ensure positive identi?cation and recording of residents/detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. B. Restricted Release of Residents/residents/ detainees: The Service Provider shall not release residents/detainees from its physical custody to any persons other than those - Pa 5 of 18 - . described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or in reSponse to a federal Writ of habea's corpus. If a resident/detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the resident/detainee for such purposes. The Service Provider shall contact the COTR immediately regarding any such-requests. C. Service Provider Right of Refusal: The SerVice Provider retains the right to refuse acceptance or request removal of any resident/detainee exhibiting violent or disruptive behavior, or of any resident/detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health care provider. In the case of a resident/detainee already in custody, the Service Provider shall notify ICE and request removal of the resident/detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the resident/detainee. D. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate residents/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'Contracting Of?cer and COTR within tWo (2) hours of evacuation. . Article V. Residential Standards - A. The Service Provider is required to house residents/detainee and perform related residential/detention services in accordance with the most current edition of the Residential Standards. The links to the Residential Standards can be found in Attachment 7. ICE Inspectors will conduct periodic inspections of the facility to asSure compliance with the Residential Standards. B. The Service Provider shall certify to the Contracting Of?cer and COTR that its personnel have completed all training as required bythe ICE Residential Standards, the Service Provider?s own manual (if it is approved for use by the Contracting Of?cer), and any additional training as required in any manuals or residential/detention standards referenced in this Agreement. Article VI. 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 livingareas, residents/detainees shall not be required to perform manual labor. - Article VII. 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 effect for a period not to exceed sixty (60) months unless extended by bi-lateral modi?cation or terminated in writing by either party. Either party must provide written notice of intentiOns to terminate the Agreement, 60 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under. the procedures prescribed in Article X. Page 6 of 18 Article Inspections The Facility and Service Provider?s services shall be inspected in accordance with the following procedures: A. De?nitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. B. The Service Provider shall provide and maintain an inspection System acceptable to the Government covering the services under this Agreement. Complete records of all inspection work performed by the Service Provider shall be maintained and made available to the Government during performance and for as long afterwards as the Agreement requires. C. The Government has the right to inspect and test all services called for by the Agreement, to the extent practicable at all times and places during the term of the Agreement. The Government shall perform inspections and tests in a manner that will not unduly delay the work. - D. If the Government performs inspections or tests on the premises of the Service Provider or its subcontractor, the Service Provider shall furnish, and shall require subcontractors to furnish, at no increase in the Agreement price, all reasonable facilities and assistance for the safe and convenient performance of these duties. E. If any of the Services do not conform to the Agreement requirements, the Government may require the Service Provider to perform the services again in conformity with the Agreement requirements, at no increase in the Agreement amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Service Provider to take necessary action to ensure that future performance conforms to the Agreement requirements and (2) reduce the Agreement price to re?ect the reduced value of the services performed. F. If the Service Provider fails to perform the services again or to take the necessary action to ensure future performance in conformity with Agreement requirements, the Government may (1) by contract or otherwise,_perform the services and charge to the Service Provider any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the Agreement for default. Article IX. Inspection Reports - - A. Inspection Report: The Inspection Report stipulates minimum requirements for ?re/ safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will conduct such inspections in accordance with the 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. Pa 7 of 18 ICE.2012FOIA 030000311 B. Possible Termination: If the Service Provider fails to remedy de?cient service ICE identi?es through inspection, ICE may terminate this Agreement without regard to the provisions of Articles VII and X. C. Share Findings: The Service Provider shall provide ICE c0pies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Resident/Detainee Records: The Service. Provider shall, upon request, grant ICE access toany record in its possession, regardless of whether the Service Provider created the record, concerning any resident/detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records'relating to suicide attempts, andbehavioral assessments and other records relating to the resident?s/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 from the date 0f the resident?s/detainee?s discharge from the Service Provider's custody. Article X. 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 Of?cer and the authorized signatory of the Service Provider have approved the modi?cation in writing. B. DiSputes: The ICE Contracting Of?cer and the authorized signatOry of the Service Provider will settle diSputes, questions and concerns arising from this Agreement. Settlement of disputes shall be memOrialized in a written modi?cation between the ICE Contracting Of?cer 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 Of?Cer, 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 3 Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods . available to resolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. C. ICE Unilateral Changes. ICE may unilaterally implement policy and/or procedural. changes from time to time in order to meet changes in mission and/or the need to protect the residents/detainees under responsibility as they relate to services provided . under this Agreement. The Service Provider has thirty (30) calendar days from the date of the modi?cation implementing the unilateral changes to submit any requests for cost impacts. Should the Service Provider determine that there is an impact to the bed day rate, the Service Provider must submit detailed cost information (including impacts to subcontracts) to support any requests for rate adjustments as a result of the unilateral change. Only those costs with supporting data will be considered. Page 8 of 18 ICE.2012FOIA3030000312 Article Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with I the information needed to make payments by electronic funds 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 Stande 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. - B. Consolidated Invoicing The Service Provider shall submit an original I itemized invoice within the ?rst ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: a, By mail: DHS, ICE - Burlington Finance Center P.O. Box 1620__ Williston, VT 05495-1620 Attn: ICE-DRO-FOD-FPA Invoice b. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 - - RV e-mail: C. dhs. 0V Invoices submitted by other than these three methods will be returned. The contractor?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. . Each invoice submitted shall contain the following information: - the name and address of the facility; Invoice date and number; Agreement number, line item number and, if applicable, the Task order number; Terms of any discount for prompt payment offered; Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) the total number of residential/detainee days; . the daily rate; . the total residential/detainee days multiplied by the daily rate; the name of each ICE resident/detainee; resident?s/detainee?s A-number; . speci?c dates of detention for each resident/detainee; . an itemized listing of all other charges; ?nance p?u Page 9 of1 ICE.2012FOIA 030000313 n. 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. . 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. Pament: ICE will transfer funds 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 (3 0th) calendar day after the ICE Deportation of?ce/COTR receives a complete invoice. 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 Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act. Article XII. Government Furnished Property A. Federal Property Furnished to the Service Provider: ICE may Federal Government property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon 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 ?].ijth prOperty. B. Service Provider Responsibility: The Service Provider shall not remove ICE 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 Hold Harmless and Indemni?cation Provisions . - A. Service Provider Held Harmless: ICE shall, subject to the availability of funds, 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 negligent acts or omissions of ICE officers 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. 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-party liability or worker?s compensation, Page 10 of 18 3030000314 arising from the conduct of the Service Providerand its employees during the course of transporting residents/detainees on behalf of ICE. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting thelegality of the resident?s/detainee?s incarceration and/or immigration/citizenship . status, ICE shall request that the US, Attorney's Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit, to have ICE substituted as the prOper party defendant; or to have the case removed to a court Of proper jurisdiction. Regardless of the decision on any such motion, ICE shall request that the US. Attorney's Of?ce be responsible for the defense of any suit on these grounds. D. ICE Recovery 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 ICE 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 XIV. [GSA/Financial Records - A. Retention of Records: All IGSA and ?nancial records including, but not limited" to, supporting documents, statistical records, and other records, pertinent contracts, or subordinate agreements under this Agreement shall be retained'by the Service Provider . for three (3) years after the expiration of the Agreement for purposes of federal examinations and audit. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration 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 the regular three (3) year period, whichever is later. . B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right 'of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of accessmust 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 Servibe Provider accountable for any I 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 XV. Maintain Institutional Emergency Readiness I The Service Provider shall submit an institutional emergency plan that will be Operational prior to start of the Agreement. The plan shall receive the concurrence 'of the Contracting - Of?cer prior to implementation and shall not be modi?edwithout the further written . concurrence'of the Contracting Of?cer. Page 11 of 18 ICE.2012FOIA3030000315 B. The Service Provider shall have written agreements with appr0priate state and local authorities that will allow the Service Provider to make requests for assistance in the event of any emergency incident that would adversely affect the community. C. Likewise, the Service Provider shall have in place, an internal corporate nation-wide staff contingency plan consisting of employees who possess the same expertise and skills "required of staff working directly on this Agreement. At the discretion of ICE, these employees would be required to respond to an institutional emergency at the Facility, when necessary. I D. The emergency plans shall include provisions for emergency response by law enforcement agencies. The Facility shall have a plan to provide actions to be taken to ensure an immediate response by the nearest law enforcement agency who can provide emergency services up to and including disturbanCe control. I B. Any decision by ICE or other federal agencies to provide and/or direct emergency assistance will be at the discretion of the Government. The Service Provider shall reimburse the Government for any and all expenses incurredin providing such assistance. F. The Contracting Of?cer and COTR shall be noti?ed immediately in the event of all serious incidents. Serious incidents include, but are not limited tothe following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances/protests); staff use of force including use of lethal and less-lethal force (includes inmates in restraints more than eight hours); assaults on staff/residents/detainees resulting in injuries requiring medical attention (does'not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; ?res; full or partial lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non?declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; central inmate monitoring cases admitted to a community hospital; witness security cases .taken outside the facility; signi?cant environmental . problems that impact the facility operations; transportation accidents airlift, bus) resulting in injuries, death or property damage; and sexual assaults. G. Attempts to apprehend the escapee(s) shall be in accordance with the Emergency Plan, which should comply with ICE Detention Operations Manual regarding Emergency Plans. H. The Service Provider shall submit to the COTR a proposed inventory of intervention equipment (weapons, munitions, chemical agents, electronics/ stun technology, etc.) intended for use during performance of this Agreement. Prior to the start of this Agreement, the Contracting Of?cer shall approve. the intervention equipment. The approved intervention equipment inventory shall not be modi?ed without prior written concurrence of the Contracting Of?cer. The Service Provider shall obtain the apprOpriate authority from state or local law . enforcement agencies to use force as necessary to maintain the security of the Facility. Page 12 of 18 ICE.2012FO 3030000313 The use of force by the Service Provider shall at all times be consistent with all applicable policies of ICE Residential Standards regarding Use of Force. XVI. Security Requirements A. GENERAL The Department of Homeland Security (DHS), US. Immigration and Customs Enforcement (ICE), Of?ce of Professional Responsibility, Personnel Security Unit OPR-PSU) has determined that performance of the tasks as described in IGSA (Agreement) DROIGSA-09-0027 requires that the Service Provider (Contractor, subcontractor(s), vendor(s), etc. (herein known as Service Provider) have access to ICE residents (Children, Adults and Families), and that the Service Provider will adhere to the following and shall expressly incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of this Agreement . B, SUITABILITY DETERMINATION ICE-OPR-PSU shall have and exercise full control over granting, denying, withholding or terminating unescorted government facility and/or access to ICE detainees, as well as, when applicable, sensitive Government inforrnation access for Service Provider employees, based upon the results of a background investigation. may, as it deems appropriate, authOrize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The-favorable EOD decision . would allow the Service Provider employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered as assurance that a full employment suitability authorization will follow as a result thereof. The granting of a favorable EOD decision or a full employment suitability determination 'shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE-OPR-PSU, at any time during the'terrn of the IGSA. No employee of the Service Provider shall be allowed to EOD and/or access facilities or ICE detainees without a favorable EOD decision or suitability determination by OPR-PSU. No employee of the Service Provider shall be allowed unescorted access to a Government facility without a - favorable EOD decision or suitability determination by Service Provider employees assigned to the IGSA not needing access to ICE detainees or recurring access to DHS-ICE facilities will not be subject to security suitability screening. Suitability criteria as detailed in ICE Policy DireCtives that will exclude applicants from consideration to perform under this Agreement include, but not limited to: Felony convictions, or a conviction for any crime that involves violence Conviction of a sex crime Offense/s involving a child victim Pattern of arrests, without convictions, that brings into question a person?s judgment and reliability to promote the ef?ciency and integrity of the ICE mission. Intentional falsi?cation and/or omission of pertinent personal information Drug and/or Alcohol Abuse Personal conduct to include failure to pay just debts I Page 13 of 18 The process for suitability determination includes, but is not limited to, criminal, employment, citizenship, residential and ?nancial records checks and reviews. C. BACKGROUND INVESTIGATIONS IGSA Service Provider employees (to include applicants, temporaries, part?time and replacement employees) under the Agreement, needing access to ICE detainees, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed, managed and conducted under direction of In those cases where prospective IGSA Service Provider employees already have a security clearance issued by the Defense Industrial Security Clearance Of?ce (DISCO), that was granted using-an appropriate background investigation, reciprocity may apply in that those prospective employees may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Service Provider employees without adequate security clearances issued by DISCO shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 45 days before the starting date of the IGSA (contract), or 45 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: Standard Form 85F, ?Questionnaire for Public Trust Positions? Form will be submitted via (electronic Questionnaires for Investigation Processing) - FD Form 258, ?Fingerprint Card? (2 copies) Foreign National Relatives or Associates Statement DHS 11000-9, ?Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act? Drug Questionnaire Alcohol Questionnaire Details regarding the required forms will be provided by ICE-OPR. Only complete packages will be accepted by OPR-PSU. Speci?c instructions on submission of packages . will be provided by - PLEASE NOTE: Unless an applicant has resided in the US for three of the past ?ve years, with few exceptions such as military or other federal service overseas, the Government may not be able to complete a satisfactory background investigation. In such cases, retains the right to deem an applicant as ineligible due to insuf?cient background information. D. SUITABILITY RETROACTIVE EFFECT - Employees of the Service Provider(s) who have not been previously investigated as described under the Background Investigations section, above, must be scheduled not later than six months after implementation of this IGSA. Employees of the Service Provider(s) may continue to work while the investigation is in progress. Page 14 of 18 3030000318 E. CONTINUED ELIGIBILITY - If a proSpective Service Provider employee is found to' be ineligible for access to Government facilities. or information, the COTR will advise the Service Provider that the employee shall not continue to work or to be assigned to work under the Agreement. The OPR-PSU may require drug screening for probable cause at any time and! or when the Service Provider independently identi?es, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 10 years. ICE-OPR reserves the right and prerogative to deny and/ or restrict the facility and information access of any Service Provider employee whose actions are in con?ict with I the standards of conduct as detailed in 5 CFR 2635 and 5 CFR 3801, or whom ICE-OPR- PSU determines to present a risk of compromising ICE standards and conduct, including sensitive Government information, to which he or she would have access under this contract. The Service Provider shall implement a Self-Reporting requirement for its employees to . immediately report one?s own criminal arrests to superiors. - The Service Provider will report any adverse information coming to their" attention concerning contract employees under the IGSA to through the COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees? name and social security number, along with the adverse information being reported. must be noti?ed of all terminations/ resignations within ?ve (5) days of occurrence. If applicable, the Service Provider will-return any expired ICE-DRO owned employee identi?cation cards and/0r building passes, or thoSe of employees terminated and/0r removed from the IGSA to the COTR within ?ve (5) workdays. If an identi?cation card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identi?cation cards andbuilding passes to the responsible ID Unit. EMPLOYMENT ELIGIBILITY The Service Provider must agree that each employee working on this IGSA will have a Social Security Card issued and approved by the Social Security Administration. The Service Provider shall be responsible to the GOVernment for acts and omissions of his oWn employees and for any Subcontractor(s) and their employees. ICE-DRO has determined that employment on this IGSA (Contract) shall be limited to US. Citizens, Lawful Permanent Residents and Conditional Permanent Residents. Page 15 of 18 3030000319 Subject to existing law, regulations and! or other provisions of this IGSA, illegal or undocumented aliens will not be employed by the Service Provider, or with this IGSA. Service Provider'will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this IGSA. G. SECURITY MANAGEMENT "The Service Provider shall appoint a senior of?cial to act as the Corporate Security Of?cer. The individual will interface with the OPR-PSU through the COTR on all personnel security matters and if applicable, information. security matters. and shall have the right to inspect the procedures, methods, and facilities utilized by the Service Provider in complying with the security requirements under this Agreement. Should the COTR determine that the Service Provider is not complying with the security requirements of this Agreement, the Service Provider will be informed in writing by the Contracting Of?cer of the proper action to be taken in order to effect compliance with such requirements. C0pies of these communications by both the Contracting Of?cer and the Service Provider shall be provided to H. INFORMATION TECHNOLOGY SECURITY Should the scope of the work change to require IGSA Service Provider personnel to access DHS-ICE IT systems, DHS IT Management Directives preclude routine access to any DHS ICE IT systems, to include those utilized by ICE-DRO, by citizens, including Lawful Permanent Residents (LPRs). I. ICE-IDRO SPECIFICATIONS TECHNICAL STANDARDS - EMPLOYMEN ELIGIBILITY FOR CHILD CARE WORKERS - - The Service Provider will: . l. Comply with, and provide evidence of current compliance with, any and all requirements required by the state in which the facility is loCated for child care workers, - including but not limited to that required for a residential child care license or equivalent in that state; and 2. include on its employment application a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and 3. require a listing of the applicant?s residence(s) or other time period required for by the state for licensure of child care workers as referenced above. If no time period is referenced by the state, 5 years shall apply; and 4. re?certify its employees every 24 months, or a shorter time period if required by the - - state for licensure of child care workers as referenced above. After the Service Provider employee receives favorable suitability adjudication results and the employee successfully completes the training and passes any required examination(s), the Service Provider shall submit the following information to the ICE COTR: Page 16 of 18 who will not continue to work under this Agreement. XVII. A certi?cation, signed by the Facility Manager or his/her designee,lthat the employee has met all the requirements set forth and that all pertinent documents are on ?le at the Service Provider?s facility. 2. Two color photographs, 1? no more than one year old, of the employee?s'head and upper shoulders. - No person shall be permitted to work under this without a valid identi?cation card, unique to this IGSA, which shall be issued by the COTR. The identi?cation Card shall be worn on the outermost garment of the employee?s uniform. At the end of the IGSA (Agreement) period, the Service Provider must return to the COTR all blank identi?cation cards and all completed cards for any employee or subcontractor employees The Service Provider is responsible for the employees having all required documents and/or certi?cations referred to abovein their possession at all times while on the protected premises. This includes a valid CPR/First Aid card for all Service Provider staff having regular contact with facility residents/detainees. The Contracting Of?cer shall have the express authority to demand return of the identi?cation card for any Service Provider employee who does not maintain compliance with the Agreement standards. The Contracting Of?cer shall have the express authority to prohibit that employee from performing under the Agreement until such time as s/he comes into full compliance with all performance criteria. Quality Control (to be incorporated as Attachment 2 of the Agreement) The Service Provider shall establish and maintain a complete Quality Control Program (QCP) acceptable to the Contracting Of?cer in consultation with the COTR to assure the requirements of this Agreement are provided as speci?ed in the Performance Requirement Summary 3. The 1. Be implemented prior to the start of performance; 2. Provide quality control Services that cover the scope of the IGSA and implement C. proactive actions to prevent non-performance issues. A complete QCP addressing all areas of Agreement performance shall be submitted to the COTR no later than 30 days after the Agreement effective date. All proposed changes to the QCP must be approved by the Contracting Of?cer. The Service Provider shall submit a resume of the proposed individual(s) responsible for the QCP to the Contracting Of?cer for approval. The Service Provider shall not change the individual(s) reSponsible for the QCP without prior approval of the Contracting Of?cer. The QCP shall include, at a minimum: . Page 17 of 18 E. 1. Speci?c areas to be inspected on either a scheduled or unscheduled basis and the. method of inspection. 2. Procedures for written and verbal communication with the Government regarding the performance of the Agreement. 3. Speci?c surveillance techniques for each service identi?ed in the Agreement and each functional area identi?ed in the PRS. - 4. The QCP shall contain procedures for investigation of complaints by the Service Provider and Government staff and feedback to the Government on the actions taken to resolve such complaints. A ?le of all inspections, inspection results, and any corrective action required, shall be maintained by the Service Provider during the term of this Agreement. The Service Provider shall proVide Copies of all inspections, inspection results, and any corrective action taken to the COTR and Contracting Of?cer. Failure by the Service Provider to maintain adequate quality control can result in monetary deductions'based upon the schedule of deductions incorporated herein. Contracting Of?cer?s Technical Representative A. XIX. Labor Standards and Wage Determination A. The Contracting Of?cer?s Technical Representative (COTR) shall be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be issued tofre?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. Should the Service Provider believe they have received direction that is not within scope of the Agreement; the Service Provider shall not proceed with any portion that is not within the scope of the Agreement without ?rstcontacting the Contracting Of?cer. The Service Provider shall continue performance of efforts that are deemed within scope. The Service Contract Act, 41 U.S.C. 351 et s_eq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is here by incorporated into this Agreement at Attachment 5. These standards and provisions are included in every contract over $2,500, or in an inde?nite amount, that is entered into by the United States, the principal purpose of which is to furnish services through the use of service employees. Wage Determination: Each service employee employed in the performance of this . Agreement shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as speci?ed in any wage determination attached to this Agreement at Attachment 6. END OF DOCUMENT Page 18 of 18 ICE.2012FOIA3030000322 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000323 0-0003 .Modi?cation: This modi?cation incorporates the following changes to IGSA The- "purpose of this modi?cation is to capture any changes'to the terms and conditions as a- result of moving. the Family Residential Program from the Heim Building to the CRC BuildingChanges to the IGSA. Article I. Purpose . . - - . A. Pmose: The purpose of this Intergovernmental 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 Immigration and Nationality Act, as amended. All persons in the custody of ICEare ?Administrative - . Residents/Detainees?. This term recognizes that ICE residents/detainees are not charged-witheriminal violations and are only held in custody to assure their - presence thronghout the administratiVe hearing process and to assure their . - presence for removal from the United States pursuant to a lawful ?nal order by the Immigration Court, 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 Provider'shall 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 reSidential/detainee daily rate and ?xed - costs are as follows: . - Unaccompanied Alien-Children per person} per day rate $266.96 (Berks County" Youth CenterFixed Costs (July 2010 move to CRC) (Berks . $441,789.84 -. Family Residential Center) - i - - Per person/ per day rate (Berks Family Residential Center) - - $10.88 - (July 2010 move to - Fixed Costs Date CRC is ready for occupancy I $53 0,000.00 and forward) (Berks Family Residential Center) Per person! per day rate (Berks Fainin Residential Center) - $10.95 (Date CRC is ready for occupancy and forward) - Per person/per day Voluntary w0rk rate - 1.00 ICE shall be reaponsible for reVierving and approving the costs assoCiated with this Agreement and subsequent modi?cations utilizing all applicable federal escrow-10mm - Modification;P00001 procurement laws, regdlations and standards in arriving at the detainee day The Field Of?ce will reimburse Educational Costs at the Berks County Youth Center and BerksFamily Residential Center incurred by the Service Provider related to irmnigration'detainees. . 7 Article VII. Period of Performance . .. I - - This Agreement shall become effective upon the date of ?nal'signature by-the 2' .ICE Contracting Officer and the antherized signatory of the Service Provider and will remain in effect for a period not to exceed sixty (60) months unless extended bybi?lateral modi?cation or terminated in Writing by either party. Either party . must provide written notice of intentions to terminate the Agreement, rag days in? . advance Of the effective date of formal termination, or the Parties may agree to. :a shorter period under the procedures prescribed in Article X. Article Physical Plant Requirements - I . . - A. ICE will occupy the CRC basement (consisting of shared Space and programming - storage) and the second and third ?oors. The Fourth ?oor (rep ?oor) will not be . occupied by ICE at this time. If "another entity occupies the space are later date, the occupants or the occupancy shalljnot interfere with the. ICE program in any. manner. Existing Berks Family Residential Center furniture and equipment will :be moved into new spaces in the CRC buildingThe't'ollowing are required to be performed by Berks prior to the ICE occupancy . of the CRC Building. The costs are included in the new Fixed Rate'in Article-active'water intrusion; Ceiling tiles Without stain; 'No leaking pipes; .. - I d. Paint all areas where recent 'wall repair was completed and paint the cafeteria; 1 e. Replace all broken light bulbsRe?install doors in bedroom and clas'Sroom bathrooms; and . . - Rte-install doors on all showerstalls. - . "All other terms and conditions of this Agreement remain unchanged. (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000326 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000327 AMENDMENT OF OF CONTRACT 1' CONTRACT '0 CODE PAGE OF PAGES 1 2 2. AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REO. NO. 5. PROJECT NO. (Ifapprr'cabte) P00002 See Block 16C 6. ISSUED BY CODE ICE 7. ADMINISTERED BY (Ifother than Item 6) CODE DC ICE/Detent Mngt/Detent Contracts?DC ICE/Detent Mngt/Detent Contracts?DC immigration and Customs Enforcement immigration and Customs Enforcement .Office of Acquisition Management Office of Acquisition Management 801 I Street NW, Suite 930 801 I Street NW, Suite930 ?ashington DC 20536 Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (No, sneer. county, State and ZIP Code) (X) 9A AMENDMENT OF SOLICITATION NO. BERKS COUNTY 1287 COUNTY WELFARE RD LEESPORT PA 195339197 10A. MODIFICATION OF CONTRACTIORDER NO. 1GB. DATED (SEE ITEM 13} CODE 1507415100000 03/30/2010 11. THIS ITEM ONLY APPLIES TO AMENDMENTS 0F [:lThe above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended, by one of the following methods: By completing items 8 and 15, and returning copies of the amendment; (0) By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE FOR THE RECEIPT OF OFFERS TO THE HOUR AND DATE MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by tetegram or letter, provided each telegram or letter makes reference to the soticitation and this amendment, and is received prior to the opening hour and date speci?ed. .32. ACCOUNTING AND APPROPRIATION DATA (Ifrequr'red) _See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF IT MODIFEES TI-IE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. new A THIS CHANGE ORDER :3 ISSUED PURSUANT TO: (Specify authority) CHANGES SET FORTH EN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN 10A. B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying of?ce. appropriation date, etc.) SET FORTH EN 14, PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Special type of modi?cation and authority) Unilateral Modification and FAR 43.103(b) E. Contractor is not. is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF {Organized by UCF section headings, inctudr'ng solicitation/contract subject matter where feasible.) DUNS Number: 150?41510 Field Office POC: gentracting Officer:(bx6x(bx7xm Contract Specialist: Ehis modification incorporates the following changes to IGSA See attached for further information. Exempt Action: Period of Performance: 02/01/2012 to 02/01/201? Except as provided herein. ali terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TETLE OF SIGNER {Type orpn'nf) I 16A. NAME AND TITLE OF CONTRACTING OFFICER {Type orprr'nt) 158. CONTRACTORIOFFEROR 350. DATE SIGNED 368. D7 SIGNED (Signature of person authorized to Sign) 5 3 NSN 7540-01-1528070 STANDARD FORM 30 (REV. 10-83) Previous edition unusable Prescribed by GSA FAR (48 CFR) 53243 El. DROIGSA-10-0003 Modi?cation P00002 The purpose of this modi?cation is to establish the effective dates for the new ?xed costs for the Family Residential Center and incorporate the Educational and Dental costs associated with the Family Residential unit. Under Article I. Purpose, paragraph C. Guidance, replace the pricing table with the following: Unaccompanied Alien Children per person] per day rate $266.96 for the Berks County Youth Center Fixed Costs for the Berks Family Residential $530,000.00 Center effective: February, 27 2013 Per person] per day rate for the Berks Family Residential $10.95 Center effective: February 27, 2013 Per person/per day Voluntary work rate 1.00 Dental Costs effective January 31, 2013 $850.00/ day and $450.00 half day Annual Education Costs. Charged at a rate of $79.00 $410,642.00 (effective March 1, 2013) per child until the ceiling of $410,642.00 is reached. The education rate includes the all services described the in the Family Residential Facility Statement of Work and Residential Standards. The following is incorporated in the Family Residential Facility Statement of Work. 4. Program Services b. Program Services (8) Juvenile Education The price identified in Article I of the IGSA include costs associated two (2) full time teachers and two (2) full time specialists, substitute teacher(s) if needed, part time and Guidance Counselor assessments, part time Secretarial work and part time Supervision of the program. Also included are costs associated with; employee training workshops, contracted IT services, contracted clerical services, telecommunications, photocopying, postage, ?eld trips, classroom supplies, text books and reference materials, software licensing and indirect costs for purchased services. (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000330 CONTINUATION SHEET PAGE OF 2 NAME OF OFFEROR 0R CONTRACTOR BERKS COUNTY WEMNO. (A) (B) (C) UMT (D) (E) AMOUNT Academy Drive, Morgantown, PA 19543, effective immediately. (2) Increase the unaccompanied Alien Children per diem rate for fiscal year 2012?2013 from $266.96 to $288.00, effective immediately. (3) Designate as the Contracting Officer's Representative (COR) for IGSA Note: No G-514 or funding document is associated _with this modification. As a result of this change, the overall contract funding and value remain unchanged. All other terms and conditions, including period of performance, remain unchanged. Exempt Action: Period of Performance: 02/01/2012 to 02/01/2017 NSN T540-?i-152-8067 OPTIONAL FORM 336 (4-36) Sponswed by GSA