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Calilornia City. CA 93505

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office of Acquisition Hanagement
24000 Avila Road. noom 3104

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Laguna quuel CA 9261?



0H5, ICE

Bur11nqcon Finance Center
9.0. Box 1620

Accn: ICE-EROIFOD-FSF
Hilliston VT 05495-1620

 

 

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Program/Finance POC: Thomas J. Hoissmiller (415}

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First three I3) months of this task order are
adjusted as a ramp up period to the maximum
capcity of 200 beds.
Upon completion of ramp up period. a minimum
guarantee of 100 beds for remainer of the period
of performance.
0001 All comprehensive detention services as per the mx4) (bX4)

performance work statement of the contract.
Services to be provided at the California City
Correctional Center, California City, CA.

Est'd Daily 1 to 64 beds.

This CLIN is for the first 30 day period

NOTE: This is a not to exceed (NTEI the number of
bed-days for the detention services at the
regular rate, the actual bed~days may differ.
These proposed bed-days are subject to change to
suit the 853 Field Office operational needs.
(NW

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Fully Funded Obligation Amount:
Incrementally Funded Amount: 5

 

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323 QUANTITY IN COLUMN 21 HAS BEEN

l: neceweo

ACCEPTED. AND CDNFORMS TO THE CONTRACT. EXCEPT AS

INSPECTED a Home

 

 

SIGNATURE OF AUTHORIZED GOVERNHENT REPRESENTATIVE

32:. DATE

 

32? PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

 

32? MAILING ADDRESS OF AUTHORIZED GOVERNHENT REPRESENTATIVE

32f TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

 

329 EMAIL OF AUTHORIZED GOVERNHENT REPRESENTATIVE

 

 

 

 

 

11 SHIP NUMBER VOUCHER NUMEER 35 AMOUNT VERIFIED :5 PAYMENT 37 CHECK NUMBER
CORRECT FOR
COMPLETE r? PARTIAL  FINAL
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Product/Service Code: 8206
Product/Service Description: GUARD SERVICES

All comprehensive detention services as per the
performance work statement of the OFDT contract.
Services to be provided at the California City
Correctional Center. California City, CA.

Est'd Daily 1 to 75 beds.

This CLIN is for the second 30 day period.
Not to Exceed 2250 days

NOTE: This is a not to exceed (NTE) the number of
bed-days for the detention services at the
regular rate. the actual bed?days may differ.
These proposed bed-days are subject to change to
suit the SFR Field Office operational needs.
Product/Service Code: 8206

Product/Service Description: GUARD SERVICES

ccountino Info:
ONEI

5 

 

(bX4)
(Subject to Availability of Funds)

11 comprehensive detention services as per the
erformance work statement of the OFDT contract.
Services to be provided at the California city
Correctional Center. California City, CA.
Est'd Daily 1 to 100 beds.

his CLIN is for the third 30 day period.
Not to Exceed 3000 days

OTB: This is a not to exceed (NTE) the number of
ed?days for the detention services at the
regular rate, the actual bed-days may differ.
hese proposed bed-days are subject to change to
suit the SFR Field Office operational needs.
Product/Service Code: 5206
Product/Service Description: GUARD SERVICES

ccounting Info:

(bX4)
(bX4) (Subject to Availability of Funds)
Continued 

 

 

 

 

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for payment.

1. Invoices shall now be submitted via one of
the following three methods:

a. By mail:

DHS, ICE

Burlington Finance Center
9.0. Box 1620

hilliston. VT 05495-1620
EAttn: 

(include a cover sheet
of pages)

b. By facsimile (fan):
with point of contact a 

802?288?7658
c. By e-mail:
Invoice.Consolidationedhs.gov

Invoices submitted by other than these three
Imethods will be returned. The contractorns
Taxpayer Identification Number (TIN) must be
registered in the Central Contractor Registration
prior to award and shall be
notated on every invoice submitted to ICC on or
after June 02, 2008 to ensure prompt payment
provisions are met. The ICE program office shall
also be notated on every invoice.

2. In accordance FAR 52.212-4 lg){13. Contract
Terms and Conditions 2 Commercial Items, or FAR
52.232-25 Prompt Payment, as applicable,
the information required with each invoice
submission is as follows:

invoice must include:

Name and address of the Contractor;

(ii) Invoice date and number;

Contract number. contract line item number
land. if applicable. the order number:

(iv) Description, quantity, unit of measure, unit
price and extended price of the items delivered;
Shipping number and date of shipment,
Continued

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ncluding the bill of iading number and weight of
hipment it shipped on Government bill of lading:
(vi) Terms at any discount for prompt payment
offered:

lvii) Name and address or official to whom

yment is to be sent;

Name. title. and phone number or person to
otify in event of defective invoice) and

(ix) Taxpayer Identification Number (TIN). The
ontractor shall include its TIN on the invoice
nly if required elsewhere in this contract. (See
aregraph i above.)

tr) Electronic funds transfer (EFT) banking
information.

(A) The Contractor shall include EFT banking
information on the invoice only if required
isewhere in this contract.

(3) It EFT banking intormation is not required to
on the invoice, in order for the invoice to be
a proper invoice, the Contractor shall have
ubmitted correct EFT banking information in
accordance with the applicable solicitation
revision. contract clause 52.232-33,
Payment by Electronic Funds TransferJCentral
Contractor Registration, or 52.232-34. Payment by
lectronic Funds TransferUOther Than Central
ontractor Registration), or applicable agency
rocedures.

{Cl banking information is not required it
the Government waived the requirement to pay by
FT.

 

  
   
 
 
  
 
   
  
   
  
   
   
 
  
    

invoices without the above information may be
returned for resubmiesion.

3. All other term: and conditions remain the
Issue.

The total amount of award: $149,330.30 The
obligation for this award is shown in box 26.

 

 

 

 

 

 

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Attachment I

PERFORMANCE WORK STATEMENT
IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)
ENFORCEMENT AND REMOVAL OPERATIONS (ERO)

CONTRACT DETENTION SPACE

A.I Background

Federal immigration detention is a large component of immigration enforcement by the
Department of Homeland Security (DHS) US. Immigration and Customs Enforcement
(ICE), Enforcement and Removal Operations (ERO) - (Hereinafter Increases in
immigration enforcement programs in the United States have created a complex detention
program that must effectively manage with available detention resources or acquire
additional resources to meet increasing demands.

Currently, non-federal detention bed space for federal detainees is acquired through
lntergovemmental Agreements (lGAs) and/or Intergovernmental Service Agreements
where a daily rate is paid to state and local governments, and facility-Specific
contracts with private service providers.

In an effort to operate in the most effective way and receive the maximum bene?t to meet the
current and future goals, and acquire additional resources, desires to
issue a task order against Office of Federal Detention Trustee (OFDT) contract with
California City for detention services at the California City Correctional Center.

A.2 Services Required

California City will provide, by the terms and conditions identi?ed in this agreement, all
necessary personnel, equipment, materials, supplies, and services for the management of
comprehensive detention services, which include, but are not limited to, security, medical
services, food service, safety, and sanitation. Additionally, the facility shall have rooms to
accommodate video conferencing that permit detainees and their attorneys to communicate in
a secure manner which preserve the confidentiality of the attorney client relationship.

These comprehensive detention services shall provide for the safe, secure, and humane
con?nement for male and female population principally consisting of immigration detainees
awaiting removal court proceedings or are in some stage of the removal process. Services are
to be provided at the California City Correctional Center.

Performance shall be in accordance with the most current editions of the Performance Based
National Detention Standards California City shall maintain American
Correctional Association (ACA) and Joint Commission on Accreditation of Healtheare
Organizations (JCAHO) accreditation throughout the life of the agreement. All services and
programs shall comply with this Performance Work Statement the US. Constitution;
all applicable federal, state, and local laws and regulations; applicable Presidential Executive
Orders all applicable case law; and Court Orders and Consent Decrees. Should a
con?ict exist between any of the aforementioned standards, the most stringent shall apply.
When a con?ict exists and a conclusion cannot be made as to which standard is more
stringent, the Contracting Officer (CO) shall determine the appropriate standard. California

City shall comply with regulation, Congressional mandate. federal law or and
all existing California City policies.

 
Attachment 1

California City will:

- Provide a means for veri?cation of their ACA and JCAHO accreditation.

- Operate in full and complete compliance of the Performance Based National Detention
Standards as de?ned. Those standards are available at 
standards/2008!

- Operate in ?Jll complete compliance with California laws and regulations.

- California City will ensure that all employees and contractors comply with their policies
regarding employment suitability and background clearances and that any violations of
Califomia City Standards of Conduct are investigated and adjudicated and


A.2.l Standard Receiving and Discharge of Detainees/Detainees

California City agrees to accept federal detainees only upon presentation by an Of?cer,
or their of?cial designee, with proper agency credentials and shall not relocate an
immigration detainee from one facility under its control to another without the permission of
the Federal Government.

California City shall only release immigration detainees only to law enforcement of?cers of
the Department of Homeland Security, or their designee, as instructed in writing.

immigration detainees sought for a state or local court proceeding must be acquired through a
Writ of Habeas Corpus or the interstate Agreement on Detainers and then only with the
concurrence of the Federal Government.

A.2.2 Records Management

All records related to agreement performance should be retained in a retrievable format for
the duration of the agreement. Except as otherwise expressly provided in this PWS,

California City shall, upon completion or termination of the resulting agreement, transmit to
the Government any records related to performance of the agreement.

A.2.3 Indemni?cation

California City shall protect, defend indemnify, save, and hold harmless the United

States Government, the and its employees or agents, from and against any and all
claims, demands, expenses, causes of action, judgments and liability arising out of, or in
connection with, any negligent acts or omissions of California City, its agents,
subcontractors, employees, assignees, or anyone for whom California City may be
responsible. California City shall also be liable for any and all costs, expenses, and attomeys'
fees incurred as a result of any such claim, demand, and cause of action, judgment or
liability, including those costs, expenses, and attomeys' fees incurred by the United States
Government, the and its employees or agents. California City?s liability shall not
be limited by any provision or limits of insurance set forth in the resulting agreement.

in awarding this agreement, the Government does not assume any liability to third parties,
nor will the Government reimburse California City for its liabilities to third parties, with
respect to loss due to death, bodily injury, or damage to property resulting in any way from
the performance of the agreement or any sub agreement under this agreement. California City
shall be responsible for all litigation, including the cost of litigation brought against it, its
employees or agents for alleged acts or omissions. The CO shall be noti?ed in writing of all
litigation pertaining to this agreement and be provided copies of any pleadings ?led or said

 
Attachment I

litigation within ?ve (5) working days of receipt of service. California City shall cooperate
with government legal staff and/or the United States Attorney regarding any requests
pertaining to federal or State litigation.

A.2.4 Transportation

California City is responsible for the movement/transportation of detainees designated to the
institution as requested in writing by as speci?ed below. Examples of
circumstances requiring prisoner movement/tranSportation include, but are not limited to:
outside medical care; transfer or movement to/from other Government facilities; and airlift
sites. California City's transportation procedures shall ensure staff and detainee security and
safety. California City shall utilize restraint equipment identical to the when one-
for-one equipment exchange is required airli?s).

Transportation and escort guard services will be performed by at least two (2) armed
quali?ed detention or correctional of?cer personnel under applicable policies, procedures,
and practices. California City agrees to augment such practices as may be requested by
to enhance specific requirement for security, prisoner monitoring, visitation, and
contraband control.

California City shall establish procedures for the disposition of prisoner/detainee
property/funds upon ?nal transfer from the facility. California City shall establish procedures
to allow prisoner/detainee one set of clothes that he/she is wearing at time of final transfer
from the facility. California City shall ensure that detainee transport clothing provided is

properly ?tted, climatically suitable, durable and presentable. These procedures shall be
approved in writing by the 

Speci?c services. California City agrees, upon request of the to provide the
below listed services detainees:

1) Transportation and escort guard services for federal detainees housed at their facility to and
from a medical facility for outpatient care (within gar-day rate);

2) Transportation and stationary guard services for federal detainees admitted to a medical

facility (outside Qgr-dav rate; gold on a hour basis (or Guard Servieez;

3) Transportation and escort guard services for federal detainees housed at the facility are
tranSperted to and from the California City Facility to the of?ce in Bakers?eld, CA
two times a day, 5 days per week (within gar-dag rarez;

A.2.5 Medical Services
Provide suf?cient on-site medical coverage to accomplish the deliverables listed below while
containing costs, with an understanding that California City Correctional Center's proximity

to other California facilities allows the medical provider to provide certain coverage, care and
relief using staff from nearby institutions.

Speci?cally, the goal is to provide these services on-site:

- Initial (intake) medical screening of new admissions including administration and reading
of PPD tests.

 
Attachment 1

- Health appraisals (physicals) within the l4 day requirement after intake.

- 24 hour/ 7 day basic care to respond to emergent situations and distribute medications.
- Sick call Monday through Friday days.

0 Chronic care clinics when needed.

California City is ?nancially responsible for all medical treatment provided to federal
detainees within the facility. California City shall provide either through its staff or
contractors the full range of medical care required within the facility including dental care,
mental health care. pharmaceuticals, and record keeping, as necessary to meet the standards
of the California City shall not be responsible for the cost of necessary outside
medical care or treatment. shall be responsible for the cost of necessary outside
medical care or treatment. All such costs shall be paid through the Department of
Immigration Health Services TARWEB system.

In the event of an emergency. California City shall proceed immediately with necessary
medical treatment. In such event, California City shall notify the Contracting
Officer's Technical Representative (COTR) immediately regarding the nature of the federal
detainee's illness or injury and type of treatment provided. All such costs shall be paid
through the Department of Immigration Health Services TARWEB system.

The facility shall have in place an adequate infectious disease control program, which
includes testing all detainees facility for Tuberculosis (T8) as soon as possible upon
intake (not to exceed 14 days) and read within 72 hours. TB testing shall be accomplished in
accordance with the latest Center for Disease Control (CDC) Guidelines and the results
documented on the federal detaince's medical record. California City shall immediately notify
of any cases of suspected or active TB so that any scheduled tran5ports or
production can be delayed until a physician verifies the federal detainee's TB status.

When a federal detainee is being transferred and/or released from the facility. lie/She will be
provided with seven days of prescription medication which will be dispensed from the
detention facility. When possible, generic medications should be prescribed. Medical records
must travel with the federal detainee.

If the records are maintained at a medical contractor?s facility, it is the detention facility's
responsibility to obtain them before a federal detainee is moved.

A.2.5 Prisoner Rape Elimination Act (PREA)

The facility is required to post the Prisoner Rape Elimination Act (PREA) Brochure/bulletin
in each housing unit of the facility. All detainees or detainees have a right to be safe and free
from sexual harassment and sexual assaults. The facility shall include the PREA infomtation

in their handbooks and orientations at the California City (Refer to Attachment: Prisoner
Rape Elimination Act Information).

A.2.6 Contacts and Incident Reporting

Policy and procedures shall be developed which ensure a positive relationship is maintained
with all levels of the federal judiciary. California City's procedures shall ensure a tracking
system is established which mandates that all judicial inquiries and program
recommendations are responded to in a timely and accurate manner. All judicial inquiries and

 
Attachment 1

California City responses, speci?cally related to a detainee, shall be made part of the
detainee's file.

California City shall notify the (with cepy to the C0) when a member of the United
States Congress or the media requests information or requests to visit the facility. Califomta
City shall coordinate all public information related issues with the COTR. All press
statements and releases shall be cleared, in advance, with the COTR.

California City, their employees, agents, or sub-contractors shall not release any information
regarding the facility population, security level, personal identi?ers, or medical issues to
anyone outside the without express permission of the C0, COTR, or their
designee. Any inquiries regarding any inmate or other matter related to the contract shall
immediately be referred to the California City shall immediately notify the
of any incident where they believe information was released by their employee,
agent, or sub-contractor related to a matter. California City shall ensure employees
agree to use appropriate disclaimers clearly stating the employees' opinions do not
necessarily re?ect the position of the in any public presentations they make or articles
they write that relate to any aspect of contract performance or the facility operations.

California City shall immediately report all criminal activity related to the performance of
this contract to the who shall contact the appropriate law enforcement
investigative agency. California City shall immediately report all serious incidents to the
COTR. Serious incidents include, but are not limited to the following: activation of
disturbance control team(s); disturbances (including gang activities, group demonstrations,
sexual assault/abuse, food boycotts, work strikes, work place violence, civil
disturbanceslprotests); staff uses of force, assaults on staff/detainees resulting in injuries that
require medical attention (does not include routine medical evaluation after the incident);
fires; full or partial lockdown of the facility; escape; any security breaches; weapons
discharge; suicide attempts; deaths; hunger strikes; adverse incidents that attract unusual
interest or significant publicity; adverse weather; fence damage; power outages; bomb
threats; signi?cant environmental problems that impact the facility operations; transportation
accidents if a detainee is in the vehicle.

California City shall provide a safe, secure, and humane environment for alleged victims of
sexual assaults and detainees undergoing mental health treatment for sexual assault.

The Government may investigate any incident pertaining to performance of this contract
California City shall cooperate with the Government on all such investigations.

A.2.7 Detainee Work Program

Detainee labor shall be used in accordance with the detainee work plan developed by
California City and approved by the The detainee work plan must be voluntary,
and may include work or program assignments for industrial, maintenance, custodial, service
or other jobs. The detainees may not be required to work. detainees may
volunteer to work within the secure con?nes of the contract facility if they sign a waiver of
their right not to work. ICEIERO detainees with suicidal tendencies, attempted escapes or
escape history, violent history, gang af?liations or with retainers for pending charges with
other local, state or federal agencies will not be considered for the volunteer program.
detainees are not permitted to act as Trustees and they may not work in positions

 
Attachment I

that permit unsupervised contact with segregated detainees or detainees of the opposite sex.
detainees are restricted from operating equipment that may expose the detainees to
grave bodily harm or any work assignment requiring security risk items and controlled tools
which could be used to facilitate an escape or used as a weapon that could endanger staff,
citizens or other inmates. detainees will not have access to prisoner or employee
records. In addition, the State will ensure that detainees who volunteer to work are denied
access to prescription medications. ICEIERO detainees must obtain required medical
clearances before working in the food service areas. The detainee work program shall not
con?ict with any other requirements

of the contract and must comply with all applicable laws and regulations. Detainees shall not
be used to perform the responsibilities or duties of an employee of California City.
safety/protective clothing and equipment shall be provided to detainee workers
as appropriate. Detainees shall not be assigned work that is considered hazardous or
dangerous. This includes, but is not limited to, areas or assignments requiring great heights,
extreme temperatures, use of toxic substances and unusual physical demands.

Volunteer prisoner/detainee workers can be paid the identical rates of pay as other California
City inmates.

ICEJERO prisonerldetainees shall be required to participate in normal housekeeping duties
which help ensure the cleanliness of their housing area.

.43 Quality Control Management

California City is responsible for management and quality control actions necessary to meet
the quality standards set forth in this agreement. In compliance with the FAR Clause 52.246?
4, Inspection of Services-Fixed Price, California City must provide a Quality Control Plan
(QCP) to the COTR no later than 60 days after award.

The plan must include:

I) A description of the methods to be used for identifying and preventing defects in the
quality of service performed;

2) A description of the records to be kept to document inspections and corrective or
preventive actions taken;

3) Records of inspection that must be kept and made available to the Contracting Of?cer,
when requested, through the agreement performance period and for the period after
agreement completion until ?nal settlement of any claims under this agreement.

A.4 Quality Assurance

The Government quality assurance (QA) is comprised of the various functions, including
Inspection, performed by the Government to determine whether a provider has ful?lled its

agreement obligations pertaining to quality. The Government's QA program is not a
substitute for quality control by the provider.

Each phase of the services rendered under this agreement is subject to Government
inSpection both during California City's operations and after completion of the tasks. When
California City is advised of any unsatisfactory condition(s), California City shall submit a
written report to the C0 addressing corrective/preventive actions taken. The COTR may
check California City's performance and document any non-compliance, but only the CO
may take formal action against California City for unsatisfactory performance.

 
Attachment 1

The COTR will be designated subsequent to agreement award and a delegation of COTR
duties and authority will be furnished to California City. The Government may. reduce
California City?s invoice or otherwise withhold payment for any indivrdual item. of
nonconfonning service observed as Speci?ed in Contractor's Failure to Perform Requrred
Services. The Government may apply various inspection and extrapolation techniques to
determine the quality of service and the total payment due.

A.4.l Inspection Clause
Failure to Perform Required Services

The rights of the Government and remedies described in this section are in addition to all
other rights and remedies set forth in this solicitation. Specifically, the Government reserves
its rights under the Inspection of Services and Termination clauses. Any reductions in the
contractor's invoice shall re?ect the contract's reduced value resulting from the contractor?s
failure to perform required services. The contractor shall not be relieved of full performance
of the services hereunder and may be terminated for default based upon inadequate
performance of services, even if a reduction was previously taken for any inadequate
performance.

This agreement incorporates FAR clause 52246-4 Inspection of Services-?xed-Price:

OF (AUG I996)
Definition. "Services," as used in this clause, includes services performed. workmanship,
and material furnished or utilized in the performance ofservices.

The Contractor shall provide and maintain an inspection system acceptable to the
Government covering the services under this contract. Complete records of all inspection
work performed by the Contractor shall be maintained and made available to the Government
during contract performance and for as long a?erwards as the contract requires.

The Government has the right to inspect and test all services called for by the contract. to
the extent practicable at all times and places during the term of the contract. The Government
shall perform inspections and tests in a manner that will not unduly delay the work.

If the Government performs inSpections or tests on the premises of the Contractor or a
subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no

increase in contract price, all reasonable facilities and assistance for the safe and convenient
performance of these duties.

If any of the services do not conform to contract requirements, the Government may
require the Contractor to perform the services again in conformity with contract
requirements, at no increase in contract amount. When the defects in services cannot be
corrected by re-performance, the Government may-

(I) Require the Contractor to take necessary action to ensure that future performance
conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

 
Attachment 1

1f the Contractor fails to perform the services again or to take the necessary
action to ensure future performance in con formin with contract requirements, the
Government may-

(I) By contract or otherwise, perform the services and charge to the Contractor any cost
incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

A.5 Performance Reviews

In accordance with the Federal Acquisition Regulations (FAR), subpart 37.60] Performance-
based Acquisition, the Government must have a method of assessing contractor performance
against performance standards. Further, the agreement provides procedures for reductions to
the price of a fixed-price agreement when services are not performed or do not meet
agreement requirements. This Performance Summary establishes the performance level
required by the Government to meet the agreement requirements.

The following methods of surveillance may be used in the assessments of agreement
performance:

A) Systematic: These reviews will be scheduled inSpections focusing on specific disciplines.
Assessments may be performed by Government monitors or by other parties designated by
the Government.

B) Ad-l-loc: These reviews will be conducted as a result of special interests arising from
routine monitoring of the contractor's quality control system an unusual occurrence
pertaining to the agreement or other Government concerns.

A.6 Performance Ratings

The service requirements are divided into various disciplines, each of which has a number of
key functions. Successful performance of a key function is essential for successful
performance of the related discipline. Each discipline comprises a Specific percentage of the
overall agreement requirement. Reductions in agreement price will be based on these
percentages applied to the overall invoice. At the conclusion of any review, a report

will be written and an adjectival rating of contractor performance within each discipline will
be assigned. The following rating system will be used:

Excellent: The program conforms to the in an exceptional manner and
conformance is maintained with exceptional internal controls. Policies and procedures for
achieving the program standards are documented and adequate for the mission of the facility;
the policies and procedures are communicated to staff; the policies and procedures are fully
implemented; and the desired outcome is achieved. Level of performance in the aggregate

exceeds the minimum performance standard by substantial margin; de?ciencies are
nonexistent or extremely minor.

Good: The program conforms to the in an acceptable manner. Internal
controls limit procedural deficiencies. The facility more than accomplishes the requirements
of program standards. Level of performance in the aggregate meets the performance

standard: deficiencies are minor and offset by outstanding elements of performance within
the review guideline.

Acceptable: The program is meeting the requirements of the There are
no breakdowns that would keep the program from continuing to accomplish the mission of

 


Attachment I

the facility. Level of performance in the aggregate meets the performance standards;
de?ciencies are minor and there are no outstanding elements of performance present Within
the review guideline.

De?cient: The program is unable to meet the requirements of one or more of the
lntemal controls are weak, resulting in serious deficiencies in one Or
more areas. The level of performance in the aggregate fails to meet the performance
standards: de?ciencies are pervasive.

At-Risk: Operation of the program is impaired to the point that the facility is unable to
accomplish its mission. The program is unable to meet the requirements of the 
and is unlikely to meet those requirements in the foreseeable future without
substantial corrective action. The level of performance in the aggregate fails to meet the
performance standards: de?ciencies require immediate corrective actions.

Performance Matrix
This Performance Matrix serves to communicate what the Government intends to
qualitatively inspect. The matrix identifies:

A. Each service requirement and the key functions essential to successful
performance of each agreement requirement;

B. Define the minimum performance rating acceptable for each agreement
requirement; and

C. Specify the maximum percentage of total agreement value attributable to each
agreement requirement.

Administration and Management

Objective- Addresses policy development and monitoring; internal quality control;
maintenance of detainee records. funds, and property; admission and orientation procedures;
detainee release; and accommodations for the disabled.

Value 20%. Minimum Successful Performance Rating: Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

Section Standard
(AJ) Policy Development and Monitoring
Internal andlor Reviews
(A.3) Detainee Records
(AA) Admission and Orientation
(A5) (K3) Personal Property and Monies
(A.6) (K3) Detainee Release
(A.7) Accommodations for the Disabled

Section Standard
Part 7 Administration and Management
Health Care

Objective - Addresses the policies and procedures for administering quality health care by
licensed personnel; maintaining accurate health information data; timely health screening and

 
Attachment 1

physicals treatment. program intervention and follow-up of all cases; access to routine, acute
chronic, and emergency health services, reSponse to medical, mental and denial health needs
of detainees; suicide prevention; infectious disease; hunger strikes; advance directives and

detainee death.

Value 15%. Minimum Successful Performance Rating: Acceptable

 

 

 

 

 

 

 

 

 

 

 

Section Standard
(3.1) Intake Health Screening
(3.2) (K.4) Medical, Dental, and Mental Health Appraisals
(3.3) (K.5) Access to Routine, Acute Chronic, and Emergency Health Services
(3.4) Experimental Research
(3.5) Response to Medical, Mental, and Dental Health Needs
(3.6) Suicide Prevention
(3.7) Detainee Hunger Strikes
(3.8) Detainee Death
(3.9) Informed Treatment
(B.10) Infectious Disease

 

Section

Standard

 

 

Part 4

 

Care

 

Security and Control

Objective - Addresses the issuance of policies and procedures to staff; appropriate use of
force; maintenance of daily incident logs; emergency readiness; and detainee accountability

and discipline.

Value 20%. Minimum Successful Performance Rating: Acceptable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section Standard
Post Orders
(C.2) Permanent Logs
Security Features
Security Inspections and/or reviews
(C5) Control of Contraband
(C.6) Detainee Searches
(C.7) Detainee Accountability and Supervision
LOB) Use of Force
Non-routine Use of Restraints
(CJO) Tool Equipment and Control
(C.11) Weapons Control
(C.12) Detainee Discipline
L613) Supervision for Special Housing
(C.14) Contingency/Emergency Plan

 

Section

Standard

 

Part 2

Secu rity

 

 

Part 3

 

Order

 

10

 

 

 l-F-l 0087
Attachment 1

Food Service

Objective Address basic sanitation procedures and the adequacy of meals provided to
detainees.

Value 15%. Minimum Successful Performance Rating: Acceptable.

 

 

 

 

 

 

 

Section Standard
Sanitation Requirements
Ensure Meals are Varied
(0.31 Special Diets

Section Standard
Part 4 Care

 

 

Staff and Detainee Communication

Objective Address opportunities for detainees to communicate with staff; detainee grievance
procedures; and the provision of diversity training.

Value Minimum Successful Performance Rating: Acceptable.

 

 

 

 

 

 

 

Section Standard
Staff-Detainee Communication
(E.2) Diversity Training
Detainee Grievances

Section Standard
Part 6 Justice

 

 

Safety and Sanitation
Objective Addresses the adequacy of ?re safety programs; the control of dangerous

materials andfor hazards; air quality, noise levels, and sanitation of the facility; and the
cleanliness of clothing and bedding.

Value Minimum Successful Performance Rating: Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

Section Standard

Fire Safety
(F1) Non-Hazardous Furnishings
(F .3) Control of Dangerous Materials
(E4) Environmental Control
Clothing and Beddi?
(F.6) Personal HygieneIWell-bei?
Physical Facility and Equipment

Section Standard
Part I Safety

 

ll

 

 

 

 

 


Attachment 1

Services and Programs 
Objective Addresses detainee classi?cation; religious practices; work 
availability of

exercise Opportunities; access to legal materials and legal representation; access to a
telephone; visitation privileges; and the handling of detainee mail and correspondence.

Value: 15%. Minimum Successful Performance Rating: Acceptable

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section Standard
Classification, Review, and Housing
Religious Practices
(6.3) Volunteer Work Assignments
(GA) Work Assignments and Security
(0.5) Exercise and Out of Cell Opportunities
(G.6) Legal Materials

Legal Representation
(6.8) Teleph_one Access
(0.9) Visitation Privileges
Detainee Mail and Correspondence
Section Standard
Part 5 Activities
Workforce Integrity

Objective - Address the adequacy of the facility's hiring process and background check
procedures, and the adequacy of procedures to respond to allegations of staff misconduct.
Value: Minimum Successful Performance Rating: Acceptable

 

 

 

 

 

 

Section Standard
H.l) Staff Background and Reference Cheeks
H.2) Staff Traini?, and Credentialing
111.3) Staff Misconduct
Section Standard
Part 7 Administration and Management

 

 

 

Detainee Discrimination

Objective - Address the adequacy of policies and procedures designed to prevent
discrimination against detainees based on gender. race, religion, national origin. or disability.
Value: Minimum Successful Performance Rating: Acceptable

 

 

 

 

Section Standard
Discrimination Prevention
Section Standard
Part 2 Security

 

 

 

 
Attachment 1

A8 Contact for Agreement Administration

California City shall designate a person to serve as the agreement administrator for the
requirement. The agreement administrator is responsible for overall compliance with
agreement terms and conditions. California City designation of representatives to handle
certain functions under this agreement does not relieve the agreement administrator of
responsibility for agreement compliance.

Name: Tom Weil

Title: California City, City Manager

Address: 2l000 Hacienda A venue
California Citv. California 93505

Telephone (760) 37 

FAX (760) 3'1 

E-Mail Address: cit califomiaci .com

A.9 Financial Provisions
A.9.l Service Contract Act

This Agreement incorporates the following clause by reference, with the same force and
effect as if it was given in full text. Upon request, the full text will be made avail able. The
full text of this provision may be accessed electronically at this address:



Federal Acquisition Regulation Clause(s):

52.222-4] Service Contract Act of l965, as Amended (July 2005)

52222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

52.22243 Fair Labor Standards Act and the Service Contract Act - Price Adjustment
(Multiyear and Option Contracts) (May I989)

The current State of California City, California wage rates shall be the prevailing wages
unless notified by the Federal Government.

A.9.2 Price Schedule

The Federal Government will use various price analysis techniques
and procedures to ensure the per-diem rate established by this Agreement is considered a fair

and reasonable price. Examples of such techniques include, but are not limited to, the
following:

I. Comparison of the requested per-diem rate with the independent government estimate for
detention services, otherwise known has the Core Rate;

2. Comparison with per-diem rates at other state or local facilities of similar size and
economic conditions;

3. Comparison of previously proposed prices and previous Federal Government and
commercial contract prices with current prOposed prices for the same or similar items;

13

 1-F-IGOS7
Attachment 1

4. Evaluation of the provided jail operating expense information;

The ?rm-fixed per-diem rate for services is $77.50, and shall not be subject to adjustment on
the basis of California City actual cost experience in providing the service. The per diem rate
shall be ?xed for a period from the effective date of the Agreement forward for 36 months.
The per-diem rate covers the support of one federal detainee per "federal detainee day",
which shall include the day of arrival, but not the day of departure. A?er 36 months, if a rate
adjustment is desired, the Local Government shall submit a request through the Electronic
Intergovernmental Agreements area of the Detention Services Network (DSNetwork). All
information pertaining to the jail on DSNetwork will be required before a new per-diem rate
can be considered.

A.9.3 Invoice and Payment

California City shall prepare and submit for certi?cation and payment, original and separate
invoices each month to the Southern District of California. To constitute a proper
invoice, the name and address of the facility, the name or each federal detainee, his
speci?c dates of con?nement, the total days to be paid, the appropriate per diem rate, and the
total amount billed (total days multiplied by the rate per day) shall be listed, along with the
name, title, complete address and telephone number of the of?cial responsible for invoice
preparation. The invoice shall be submitted to the Burlington Finance Center with a cepy to
the COTR at the address listed below must include:

Name and address of California City;
Invoice date and number;
Agreement number;

Description. quantity, unit of measure, unit price and extended price of the services
provided;

Terms of any discount for prompt payment offered;

Name and address of of?cial to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and

Taxpayer Identi?cation Number; and Electronic ?mds transfer banking information
in accordance with FAR 52.232-33,

- Payment by Electronic Funds
The invoice shall be sent to:

Address:
Burlington inancne Center
a. By mail:
DHS, 

Burlington Finance Center
P.O. Box 1620

Williston, VT 05495-1620
Attn: 

l4

 
Attachment I

b. By facsimile (fax): (include a cover sheet with point of contact 8; of pages)
802-288-7658
c. By e-mail:

Invoice.Consolidation@dhs.gov
With a copy to COTR at:

COTR Thomas Weismiller
630 Sansome Street

Suite 590

San Francisco, CA 94111

The Government will make payments to California City on a basis, 
pursuant to the Prompt Payment Act after receipt of an appropriate invoice.

All) Modi?cation and Disputes

Either party may initiate a request for modification to this Agreement in writing. All
modi?cations negotiated will be effective only upon written approval of both parties.
DiSputes, questions, or concerns pertaining to this Agreement?will be resolved between
appropriate of?cials of each party. Both the parties agree that they will use their best efforts
to resolve the dispute in an informal fashion through consultation and communication, or
other forms of non-binding alternative dispute resolution mutually acceptable to the parties.

Termination

This agreement may be terminated by either party upon one-hundred and eighty days (180)
advanced written notice to the other party. Within 180 days of the giving, or receipt, of such
notice the shall retake custody of all detainees(s) transferred to the California City
under this Agreement. The City of California City agrees to consult with ICE ERO at least

90-days prior to any action(s) to terminate to allow suf?cient time to prepare for loss and
replacement of services.

A.12 Litigation

The Federal Government shall be noti?ed, in writing, of all litigation pertaining to this

Agreement and provided copies of any pleadings ?led or said litigation within 5 working
days of the filing.

The Local Government shall cooperate with the Federal Government legal staff and/or the

United States Attorney regarding any requests pertaining to Federal Government or Local
Government litigation.

15