DROIGSA-07-0032 . 7 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE - UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF DETENTION AND REMOVAL 7 AND BRISTOL COUNTY SHERIFF OFFICE 400 FAUNCE CORNER ROAD .. . DARTMOUTH, MA 0214] . I This Inter?Governinental-Service is entered United States Department of-HOmeland Security County 7 I Sheriff OFFICE (?Service the d?t?titi?oii and care of aliens (?detainees?). The term ?Parties? I . is used in this Agreement to refer ICE and'the SericelProvi?deu?rI?gi? - '2 -. ?2 1 FACILITY . The Service Provider shall provide Idetentio?n" BRISTOL 400 FAUNCE -- - N. DARTMOUTH, yj I Articlel. Purpose A. ?lm; The purpose of this Intergovernmental Service Agreement is to establish an Agreement between ICE and the Service Provider for the detention?, and care of persons detained under the authority of the Immigration and Nationality Act, as amended All persons in the custody of ICE are ?Administrative Detainees". This term recogniies {that ICE detainees are nor charged with violations and are only held in cuStody'EO' 'assiireitheir presence throughout . the administrative hearing process and to assure their?presence for removal from the United States pursuant to a law?ll final order by the Immigration Court, the'Board?of Immigration Appeals or other Federal judicial body. - B. Responsibilities: This Agreement sets farth the respOnsibilitiesi-and the Service Provider. The Agreement states the services the Service Ptovider Shall satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. - C. Guidance: . This is a fixed rate agreement, nOt a-cost reimbursableagreemeht, with respect to the detainee dayr rate. The detainee day rate is $90.00. ICE shall be responsible for reviewing and approving the costs asSociated with this Agreement and? subsequentimodifications utilizing all applicable federal procurement laws, regulations and standards arriving at the detainee day rate. Attachment 2012FOIA3030.001000 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 detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have been identified and funding obtained. Performance under this Agreement is not authorized until the Contracting Officer issues an order, in writing. The effective date of the Agreementwill be negotiated and speci?ed in a deliver order to this Agreement that is supported by the Of?g??r; Agreement is ?Either binding nor effective unless signed by 'ati'fli? approved rate will be paid upon the return of~thesigned the Government of?cial 5 B. SubcontLacto?: Service Pro?der shall notifyiaridfobtain Effom?the ICE'Contracting Officer's Technical? Representative (COTR) Or designated ICE Officialff'it intendsito'hwse ICE detainees in a facility other than the BrisrtilCounty-Cortectionaf jiffeit??efthat-facility, or any future facility is operated by an entity treat the entity . as a subcontractor?to the Service ?Provide?ifI Th?rfserviche?jProvidei?shall Contracting Officer?s approval-before subcontraCting the detention?and care Of'de'taineesto another entity. The Contracting Officer has the right to deny, withholdof?withdraw ?approval?of the proposed ?subcontractor. Upon approval by the ContractingOffioer, the 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 firm fixed rate agreeinent. not con reimbursable agreement. This Agreement is permitted under applicable statutes, regulation. policies. ?or judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulationppolicies or judicial mandates is null and void and shall not necessarily affect the balance of the'Ag'r'eeriient. I Article Covered Services A. Bedspgoe: The Service Provider shall provide male/ female beds on: a space available basis. The Service Provider shall house all detainees as determined within the Service Provider?s classification system. ICE will be ?nancially liable only for the Fae-mat detainee 'daysqasde?ned in Paragraph of . i 3 B. Basic Needs- The Service Provider shall provide ICE detainees with safekeeping. housing. subsistence, medical and other services in accordance-with? this Agreement. In providing these services, the Service Provider shall ensure compliance "with all appli?able laws, regulations, fire and safety codes, policies and procedures. If the Service Provider determines that ICE-I has delivered a person f0r custody who is under the age of eighteen the Service Provider shall not-house that person with adult detainees and shall immed iater notify the ICE COTR or designated ICE of?cial. The types and levels of services shall be consistent With those the Service Provider rotitinely affords other inmates. I - 7 Attachment 2012FOIA3030.001001 - C. Unit of Service and Financial Liabilig: The unit of service is called a ?detainee day? and is defined as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: 7 1) Salaries Of elected officials 2) Salaries of employees not directly engaged in the housing and detention of detainees - - . . 3) Indirect costs in'which a percentage of all-local government coSts arerprorrated and applied to individualdepartments mastitis-(ass cost are allocated under an? approved CostAllocation Pianr'v -- - - 4) Detainee serviceswhic'h are not?provided to, ,oricannot be used by, Federal detainees 5) Operating costs of facilities not utilized by FEderal detainees - 6) Interest on bb'rrOWing? (however representedljbond discounts, costs of ?1 financing/ refinancing, except as=prescribedbyOMB Circular I 7) Legal or professional fees (speci?cally legal iexpensi?sifor preseCution of clai?isi against the FederalGove'rnment, legal expenses of individual detainees-or inmates) - - . Contingencies 5 9 _7 Interpretive Services: The Service Provider shall make?'speicial?provisions fornon?En'glish?speaking, handicapped or illiterate detainees. ICE will reimburse the Service Provider-.for-the actualcosts 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 detainees? language, as appropriate, to 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 detainees for translation services? If the Service Provider uses a detainee for nanslatiori service, it shall notify ICE within twent?buf of the translation service. I E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and. from designated locations. Escort services will be required for escorting detainees torco?urt hearings; escorting witnesses to the courtroom and staged with the ICEiludge during administrative proceedings. Transportation Services shall be performed by at least two (2) qualified sworn-law enforcement or correctional of?cer personnel employed by the Service Provider under? their policies, procedures and authorities. See Article XVII. Article IV. Receiving and Discharging Detainees A - Required Activity: The Service Provider shall receive and- diSCharge detainees only to and from properly identified ICE personnel or Other properly identified Federal law enforcement officials with prior authorization from Presentation of US. Government identificatiOn shall constitute ?proper identi?cation." The Service Provider shall furnish receiving and discharging services twenty'four (24)'hours per day, seven (7) days per week. ICE Shall fumish the Service - Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identification and recOrding of detainees and. ICE officers. The Service Provider Attachment 2012FOIA3030.001002 habeas corpus. If an ICE detaine??lis-Vsought for federal, bit-local? proceedings, "bi-11y ICE may .- 114?? .-.- shall not permit medical or emergency discharges except through coordination with on?duty ICE officers. - B. Emergency Situations: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local officials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees: The Service Provider shall 'nOt release ICE detainees from its physical cusrody to any persons other than those described in Paragraph A of Article IV for any ?5 reason, except for either medical, other?erne-rgency situationssor in response toga federal writ of .5 I authorize release of the detaineerfOr-?suolr purposes. The'3ervic? Provider shall Contact theICE 7 or designated ICE official, immediately regarding anysuch-requests. I D. - Service Provider Right of Re?Asa?l: retains right to refuseaccept'ance, or request- removal, of any detainee-exhibiting violentfor; disruptivesl?ehairidrhave a medical conditibnthatire?qu?ires 'mEdical care of '1 provider. In PrOvidEY??hiilli?Ut-ifY- ICE and-request such retriovalof?the detainee from theFacilityi'THeServiCe Provider shalla'llow ICE reasonable time to make alternative arrangements for the detainee, I r?E'icnregency E?cuation: In the event ofan emergency reqUiring evacuation of-the 'i 9 4. Service Provider shall evacuate ICE detainees in the same manner,"and with thesame'lsafeguards, it employs for persons detained under the Service Provider's authOrity. The Service Prdvider shall .rnotify the ICE COTR or designated ICE official within two (2) hours of evacuationDetention Standards . Service Provider is required to-house detainees and perform related'detenlt'ion serViCes in 5- fr accordance with the most current edition of ICE National. Detention Standards .ice. artners dr 0 smanua . ICE InSpectors will ?i - - - ,3 inspections of the facility to assure compliance with the ICE National Detention Standards. I I - "Art. isle VI. Medrcal' Services A, Auspices of Health Authoring: The Service Provider shall provide detainees with onsite"h?altli' TI: gate services under the control of a local government designated Health'Authority. TheService - ,Hr?Provider shall ensure eQuipment, supplies, and materials, as required by. the Health Authority, are 7 to deliver health care onsite. 7 B. Level of Professionalism: The Service Provider shall ensure that all health care service providers . .7 utilized for ICE detainees hold current licenses, certi?cations, and/ or registrations with the State and/ or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In 4 Attachment 2012FOIA3030.001003 i I a the absence of a health care professional, nonhealth care personnel may refer detainees to health care resources based uponprotocols developed by United States Public Health Service (USPHS) Division of Immigration Health Services (DIHS). Access to Health Care: The Service Provider shall ensure that onsite medical and health care coverage as de?ned below is available for all ICE detainees at the facility for at least eight (8) hours 7 per day, seven (7) days per week. The service Provider shall ensure that its employees solicit each 2 detainee for health complaints and deliver'the. complaints in writing to the medical and health care? i: staff. The Service Provider shall furnish the detainees instructions in his or her native language for acCess to health care services as preScribed in Article Paragraph Dr. - :1 I Site Health Care: The Service Provider shat-1 furnish tin-site health'Tcare under this Agreement." '17? 7? I The SerViCe Provider shall not 'Chargerany'IGEidetainee an additional fee or Copayment for . - l" medical services or treatment provided attheiServ?ice The Service. Provider 1 {Thishall ensure that ICE detainees receiveno and services than I L: 52,: Elias: it provides to local inmates. Qn?sim?heeithiearekrvices shall mamas arrival screening within; - 5? . (24) hours of arrivalsat OfOVerthe?COunter if 7 ziggvmedications?reatment of minor injuriesierg?laeerations; treatment of 9 :5 SPPGial'nCEdss-and mental health-assessments; Detainees with?chronic?coriditions shallrec?e'ive. prescribed treatment and follow?up care. I 3 I ?r ,Bljistol?County Sheriff Of?ce contracts for medical care with Corre?CtiOnal Medical Carer-Inc.- -: I it is comprehensive treatment, including diagnostic services and. treatment. Under the terms '52? of agreement the Government will not be charged for any medical services until after - December 6, 2009. DIHS will handle medical services after December 6, :2009. E. Arrival Screening: Arrival screening shall include at a minimum TB screening, planting p_ - . of the Tuberculin Test (PPD), and recording the history of past and present illnesses (mental P: and physical). The health care service provider or trained health care personnel may perform the . Tl] . arrivals'creening. .. '7 ?ance 0f Detainees with Extreme Health-Conditions: If the Service Provider determineszthatr - Panldetainee has a medical condition which renders that person unacceptable for detention Under this Agreement, (for example, contagious disease, condition needingzlife-support, . uncontrollable violence), the Service Provider shall notify the ICE COTR or the designated a; of?cial. Upon such noti?cation the Service Provider shall allow ICE reasonable time to make the 1? proper arrangements for further disposition of that detainee. I A. - VG. Pre?Approval for Non?Emergeng OffSite Care: The Service Provider shall obtain 5.- . I approval for any nonemer?gency, ~offvsite healthcare for any detainee. acts as the agent and: ?2 final health authority for ICE on all offasite detainee medical and health relatedmatters. The IrelationShip of the DIHS to the detainee equals that of physician to patient. The Service Provider; i i shall release any and all medical information for detainees to the DIHS representatives upon request; The Service Provider shall solicit DIHS approval before proceeding with non-emergency, offsite medical care off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for. cosmetic purposes). The Service Provider shall submit'supporting documentation for non?routine, Attachment 2012FOIA3030.001004 off?site medical health services to DIHS. For medital care provided outside the facility, DIHS may determine that an alternative medical provideror institution is more costeffective or more aptly meets the needs of ICE and the detainee. ICE may refuse to reimburse the Service Provider for non?emergency medical costs incurred that were not pre?approved by-the DIHS. The Service Provider shallsend all requests for preapproval for nonemergent off-site Care to: Phone: (888) 7188947 FAX: (866) 475-9349 Via website: The Provider to notify all medical health care of detainees to their bills in accordance-with instructionsprovided to: United States I. Division ofImmigratioa?ealth-Ssivices . 1220 LStreet(Phone): . (FAX): . A Via website: 1-1.: Emem engy Medical Care: The Service Provider shall furnish twenty?four (24) hour emergency care andemergency evacuation procedures. In an emergency, the Service Provider shall obtain thernedical 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 1 Service PrOVider shall notify the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph above as soon as possible, and in no case more than (72) hours after detainee receipt of such care. The Health Authority willobtain prevauthorization from 'the'DIHSManaged Care Coordinator for'servic'e(s) beyond the initial emergency situation. I. ff-Site The Service Provider shall provide guards at alltimes detainees are admitted outside medical facilityDIHS?Visits-r: The Service Provider shall allow?DlHS' Managed Care Coordinators reasonable access: 7 to its for the purpose of liaison activities with the Health Aurhority and assodated Service Providervdepartments. I Article VII. No Employment of Unauthorized Aliens Subject to lavrs, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall?notgernploy aliens unauthorized to work in the'lUnited States. Except forlmaintaining personal living areas, ICE detainees shall not be required to perform manual labor. Article Employment Screening Requirements Attachment 2012FOIA3030.001005 A. General. The Service Provider shall certify to the US. Immigration and Customs Enforcement, Contracting Officer that any employees performing under this Agreement; who have access to ICE - detainees, will have successfully completed an employment screening that includes at a minimum a criminal hist0ry records check, employment reference checks and a citizenship check B. Emplounent Eligibility. Screening criteria that will exclude applicants from consideration to perform under this agreement includes: 1. Felony convictions 2. ConvictiOn of a sex crime . I I Offense/s invoiving'a child victim 4. a? . . 5. Pattern of arrests,:without convictions, that brings into question a: person's judgment and reliability to promote the ef?ciency and integrity?oftheslGE . a a 6. Intentional falsi?cation and/ or omission of favorableemployment decision. 4 law, regu. other provisions-bf:thisiikgreement, illegal or undocumented 51.1?: aliens shall'notbeempbyed bythe service Provider. - - The Service Provider shall that each employee working on this Agreement will have a Social . Security Card issued and approved by the Social Security Administration. The Service Provider shall be - acts andomissions of his OWnemployees and for any i .A Subcontractorfs) and their employees. - A I The Service Provider shall expressly incorporate this provision into any and all Subcontracts or - a subordinate agreements issued in support of this Agreement. I The Service Ptoviderl their employees every three years by conducting a criminal history I 7 integrity oftheworlcforce. I 5 The Service Providershall implement a SelfReporting requirement for its employees to immediately report one's own? Criminal arrest/s to superiors. A - vi. TheService Provider shall appoint ?a senior of?cial to act as the Officer. ?The'in?cliVidual will interface with the VCOTR on all security matters, to include I PhYSicaL personnel, and-protection of all Government information and data accessed by the Service: .Provider. .. The COTRland Contracting Officer shall have the right to inspect the procedures, methods, all documentation and facilities utilized by the Service Provider in complying with the security requirements underthiS'Agreement. Should ICE determine that the Service Provider is not complying with the security requirements ofthis Agreement, the Service Provider shall be informed in writing by the Contracting-Officer of the proper action to be taken in order to effect compliance with these employment screening requirements. . Article IX. Period of Performance Attachment 2012FOIA3030.001006 A. This Agreement shall become effective upon the date of final signature by the ICE Contracting Of?cer and the-authorized signatory of the Service Provider and will remain in effect indefinitely unless terminated in writing by either party. Either party must provide written notice of intention 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 XI. B. Basis for Price Adi ustment:- A firm fixed price with economic adjustment provides for upward and downward revision of the stated Per Diem based upon cost indexes of labor and operating expenses, or based upon the Service Provider?s actual cost experience in providing the service. Article Inspection ail cement Ins 'ction'Re- rt: The Jail Agreement Inspection?R'eport stipulates minimum fire/ safety code compliance, supervision, segregatiomsleeping utensils, meals, medical care, con?dentialtommunication, telephone access, legal counselplegallibrary, visitation, andrecreation. ?The Service Previder shall allow ICE to of the facility, as required, to ensure an acceptable level of services and acceptable IconditiOns- of con?nement as f. I that will be requiredzby the Service Provider. - Be. m: If the Service Provider fails to remedy de?cient service identified through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles Share Findings: The Service Provider shall provide ICE c0pies of facility inspections, reviews, 5 examinations, and surveys performed by accreditation sources. D. Access to @tainee Records: The Service Provider shall, upon request, grant ICE access to any record in its poss?sion, regardless of whether the Service Provider created the record, concerning 4 anydetainee held pursuant?to this Agreement. This right of ateess shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee?s behavior while in the Service Pro?Vider?s custody. Furthermore, . Provider shall'retain'all records where this right of access applies for a period of two (2) years from the'date'of the detainee's discharge from the Service Provider?s custody. Article XI. Modifications and Disputes . A. Modifications: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modification to this Agreement by submitting a written request'to the other Party. A modification will become a part of this Agreement only after the ICE: Contracting Officer and, the authorized signatory of the Service Provider have approved the modification in writing. 8. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will 7 settle disputes, questions and concerns arising from this Agreement. Settlement?of disputes shall 7 8 Attachment 20-12FOIA3030.001007 .?eten'nined by ICENO notice to the-Service Provider ?IC'Ew'ill "tartaric: such: inspeCtions accordance with the ICE willsharej?? "f findings of the inspection with the Service Provider?s facility adminiStr?atora The Inspection Reportj. will state anyimprovementsitofadlity operation, conditions of confinement, and level of service "it .win- be memorialized in a written modification between'the ICE Contracting Officer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolvedbetween the Service Provider and the ICE Contracting Officer, the ICE Contracting Officer will make the final decision. If the Service Provider does not agree with the final decision, the matter may be appealed to the ICE Head of the contracting Activity (HCA) for resolution. The ICE 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. .. Article XII. Adjusting the Detainee-Dayllate ICE reimburse the Service Provider at- the fixed detainee day rate-shown. on the cover page of the 1 I document, Article I. (C). rate twenty?four (24)A.months afterthe effective - date of the agreement and thereafter. The Parties shall basethe cost portion J. cf rate adjustment on the principles ofaallowability and allocability as setiforth in OMB. Circular A: a I 7 Bii?deraii procurement laivs,? in arriving at the-,detaineedayrate. The a l" tease-giro: adjustment shallbe?subrnittedgonganaICE Jail Services Cost ICE-does not I 5n. of?cial?rcquest fora. detaineedayzratimdjustment that is ?'75 fixed Agree'menthiill betin place indefinitelin See.?_ LL ?4 "ArticleXI'Ar'_. . l- reserves the right toaudit the actual-and/or prospective costs upon which-the rate adjustment is based. All rate adjustments are prospective. As this is a fixed rate agreement, there are no retroactive adjustmentls). - - Article Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the - information neededtomalce payments tbyelectronic?mds transfer (EFT). Since January 1, 1999, ICE makes all payments only bylEFT?. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor . Miscellanea? PaYmCIlt Enronment. harm, The Service Provider shall submit a completed SF 3881 to ICE payment of?ce prior-to-.subm-itting. its initial request for payment under this Agreement. If the EFT data changes, the Service Ptovider shall be responsible for providing updated information to the ICE payment office. - - - 7' B. mime-Service Provider shallsubmitan original itemized invoice containing the following information: the name and address of the facility; the name of each ICE detainee"; detainee?s A- number; specific dates of detention foraeach detainee; 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,'addtess, andphone number of the local official'responsible for invoice preparation. I The Service Provider shall submit invoices within the ?rst ten (10) working days of the month following the calendar month when?it provided the services, to: Attachment 2012FOIA3030.001008 Department of Homeland Security ATTN: Immigration and Customs Enforcement Deportation Unit 7 Removal JFK Federal Building Government Center, Room 1775 Boston, MA 02203 Phone: 617?565?3304 Fan-c 6175515628 - . C. Payment: ICE will transfer funds elecrronically 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 day after the ICE Deponation?office' receives ?a complete invoice; Either-thegdatfe?tion the'Government's check, or the?dateritleXecutesan' electronictransfer of funds, 'shaH-eonstimtez?feapayrnent date. The Prompt Payment Aer/requires jj'j due hindrance with Government Furnished iProperity ?Fed/Vera; ?112" Furnisth to the Service Pr?oadenl and equipmentto the Service Provider-.- Accountable property remains titled to ICE and shall be returned to the-custody of ICE :tiponsterrninati?on of: the Agreement. The suspensiOn of use of bed - space made available to ICE is agreed to begrounds for the recall and return of any or all - government furnished property. B. 'Sem'ce Provider Responsibility. The. Servibe'PmVider shall not remove ICE property from the . facility withoutthe prior written approyal'of ICE. The Service Provider shall report any loss or destruction?ofany Federal Governmentaproperty immediately to ICE. Article XV. Hold Harmless and Indemni?cation ProvisiOn?s A.. Service Prgvider Held Harmless: ICE shall; subject to the availability of funds, save and hold the Service Provider harmless and Provider against any and all liability claims and costs of whatever kind and nature, for injury to Or death of anyiperson(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 of?cers or employees, to the eXtent that ICE Wouldib'e liablefor suchnegligent acts or omissions under the Federal Tort Claims Act, 28 use-26931. err-seq. a: Federal government Held shall save and hold harmless and indemnify federal government agencies to'thei-extent-allowed by law against any and all liability claims, and costs of whatsoever kind ?and?for'injury to or death of any persbn or persons and for loss or damage to any property 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. 10 Attachment 2012FOIA3030.001009 . ICE tofpay interest on Ptovider. ICE 'will determine; any'interest CE?mayifurnish Federal Government Prep-em: mil-w C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/ or immigration/ citizenship status, ICE shall request that the US. Attorney's Office,.as appropriate, move either to have the Service Provider dismissed from such suit, 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, shall request that the US. Attorney?s Office 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 resover against third parties for any loss, destruction'Of,ior damage to US. Government property; Upon- request of the Contracting Of?cer, the Service "PrOVidertshall, at expense, furnish to ICE all reasonable assistance and'cooperation, mending-Swissair: the prosecution of suit and exchtion'v, 7} '4 ofthe instruments of assignment in obtaining recoveryFinancial Records ?Retentjon of Records: All ?nancial records, 'suriporting'dticuments, statisrical records, and Other records pertinent-rotontraCts or subordinate-agreementsunder this Agreement sh?allbfe? retained'byf, 7 the Ptovider (3) years and audit; "The three -, 1 a (3) year retention?period begins at thezend of of service under the Agreement. If any litigation, claim, negotiation, ?aud'itgsor other action involving the recordsh?as been started before the expiration of the records must be retained until completion of the action and resolution from it or until the end of the regular three (3) year period, whichever is later. B. Access to RecOrds: ICE. and the Comptroller Generalof the United States, or any of their authorized representatives, shall have the right of access to any pertinent hooks, documents, papers or other records of the Service Provider or- its suMOnuactom, 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-shalljlir? as Tlon?gvas the records are retained. C. Delinquent Debt Collection: ICE will hold-theService-Provider accountable for any overpayment, or any breach of thislAgreeme'nt that results :ineaidebtiowed'to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinqdent debt owed to the Federal Government by the SerVice Provider Collection Improvement Act-of 1982, as amended. r? Article Guard/Transportation . A. Tr_a,nsport Services Rate: The Service request of the Federal Government in whose custody an ICE detainee is held, to provide -all?5such--air/ ground transportation services as may be reQuired to transport detainees securely}. ina'i-tim'ely'manner, to locations as directed by the ICE COTR or designated ICE of?cial. Transportation between the facility and ICE offices, plus- related mileage is included in the daily per diem rate; Other ICE directed transportationwill be reimbursed at'the rate of $26.21 per hour. mileage shall be reimbursed at the mileage rate established pursuant to the current General Services Administration federal - travel allowance rates. Any incurred overtime pay for such services will be reimbursedvat ?the applicable overtime rate of per hour. At least two (2) quali?ed law enforcement or 11 Attachment 2012FOIA3030.001010 lillz correctional officer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. B. Medical Transportation: Transportation and/ or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and transportation and/ or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and to detaineesgattending off-site court proceedings. An of?cer or of?cers, shall keep the detainee under constant supervision twenty?four (24) hours per day until the detainee is ordered released from theho?spital, or [at the order of the COTR. The Service Providers agrees to augment such practices. as.may..be requested by ICE to enhance specific . reqtiirements for security, detainee monitoring, visitatiqnandieonn?aband control. I I C. Indemnities': Provider and indemnify {1 I audits officials in their official?and individual capacities including third?party liability or worker?s compensation, arising frOm? the conductof-theiService Provider and its employees during the coirrse of 3 I detainees._ .SeWiceyPr-?ovider interior security J: i r, ?testi?es including physicalseparationv-of detainees frOm guards: The Service Provider shall- provide? . . interior security specifications-of vehicles; to .forereniewi and approval prior to installation. 5- The Service Providershall-comply.-with ICE transportation standards partnersz droz'opsmanualg index.htm2 related to-the number of hours the Provider's employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. The Service Provider personnel provided..er the above services shall be of the same quali?cations, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided-for in other-areasoftlus agreement. F. Same Sex Transport: During l?astione; (I) of?cer shall be the same sex as the detainee. Questions concerning guard assignmentsishall be direCted to the COTR for G. ?nal determination. I. :51 H. Miscellaneous Tramgation: The may direct theService Provider to transport detainees to unspecified, miscellaneou?slocationss - i . 3: 1. Billing Procedures The itemized invoice for guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. . t- Article Contracting Officer?s Representative,_ - The Contracting Of?cer?s Technical Representative this Agreement is will be appointed by the Contracting Officer for this agreement, When and if the COTR,.duties are reassigned, an administrative modi?cation will be issued to reflect 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. - '12 Attachment 2012FOIA3030.001011 'l undersigned, duly authorized of?cers, Subscribed'thcir names on behalf of the antol County Sheriff and Deparunent quomclaqd Security, Wigi?ation and Customs Enforcement. ACCEPTED: (mm) L: - (3H ,2 Contracting 0mm A A .. . (gmq) I . -. .. :By: (am) I ?10 pate": .. h? . The Service AgreementNumberls 13 AttachmentB